BS General Orders Flashcards

Question

Responsibilities of supervisors

Answer 1

First-line supervisors are primarily responsible for enforcing conformance with departmental directives and orders. 2. First-line supervisors shall know the officers in their charge by closely observing their conduct and appearance. 3. First-line supervisors shall be alert to behavioral changes or problems in their subordinates and, if necessary, document these changes and confer with higher authorities. The first-line supervisor shall assess the behavior, and take or recommend appropriate action. 4. The supervisor shall recommend and, if appropriate, help conduct extra training for officers not performing according to established standards. 5. The first-line supervisor shall employ counseling techniques sanctioned by the department. Counseling is used to adjust and correct minor, infrequent errors or instances of poor performance and to ascertain the nature of any professional or personal problems that bear on performance. Supervisors shall document all instances of counseling and maintain the documentation.

Answer 2

All complaints, regardless of nature, can be filed in person, by mail, or by phone at any time. As part of the follow-up investigation, persons making complaints by mail or phone normally shall be interviewed and a written, signed complaint prepared. A signed letter of complaint will be accepted as a signed complaint without requiring any specific form. Anonymous complaints shall be followed up to the extent possible. In case of an anonymous complaint, the officer or other person who receives the anonymous complaint shall reduce the complaint to writing in a memorandum with as much information as possible and forward the report to the Chief of Police or his designee.

Answer 3

All investigations will be completed within 180 days to include the taking of disciplinary action when necessary. If additional time is necessary to conclude the investigation, a request for extension will be presented to the Chief of Police or his designee in writing providing justification for the extension. If approved by the Chief of Police or his designee a specific number of days will be approved and a copy will be provided to the involved officer and the original placed in the case file. (TBP: 2.05)

Answer 4

The department will provide on-going training to all employees on accident and injury prevention. The Annual Analysis of Accidents and Injuries described in Section E of this order shall be reviewed to identify the training needs of the department. 2. All sworn officers shall complete an Emergency Driving Course at least every three years where their job assignment requires emergency response. 3. All members of the department who drive city vehicles will complete a defensive driving course within six months of hire.

Answer 5

This agency’s Accident Review Board (ARB) shall be responsible for conducting administrative reviews and/or hearings regarding agency motor vehicle crashes and on-duty personal injuries (as defined) of agency personnel. The ARB is responsible for reviewing all aspects of these incidents and identifying causative and/or contributory factors, where possible. The ARB shall serve in an advisory capacity only, using this agency’s chain of command to present findings and make recommendations to the Chief of Police. The ARB may draw conclusions concerning whether the accident or injury was preventable but may not recommend discipline or other personnel action.

Answer 6

The ARB shall consist of at least three but not more than five voting members as determined and selected by the Chief of Police or his designee. Three voting members are required to establish a quorum. 2. The board shall be chaired by a sergeant or higher ranking officer that is not in the chain of command of the involved employee. The Chairperson shall be responsible for establishing board operating procedures, where not otherwise specified in this policy, subject to the approval of the Chief of Police. The Chairperson shall ensure that all personnel under review are provided with current operating procedures of the ARB. 3. The ARB Chairperson may appoint a nonvoting board coordinator, on a permanent or temporary basis, for the purpose of processing departmental motor vehicle crash and injury reports, scheduling cases for review or hearing, and processing disposition reports among other tasks.

Answer 7

Any work performed or services provided for compensation (a fee or otherwise), including self-employment. Volunteer charity work is excluded unless it involves law enforcement duties.

Answer 8

Off-duty employment which may entail the use of law-enforcement powers granted by the State of Texas or the City of Balch Springs.

Answer 9

Any non-law enforcement-related off-duty work for pay. Secondary employment does not require sworn enforcement powers as a condition of employment and the work does not provide implied law-enforcement service.

Answer 10

Law enforcement-related employment shall not exceed 16 hours per day (24-hour period), including on-duty time: e.g., an employee working a 12-hour shift may work four hours of off-duty employment on the same day and an officer on a day off may work 16 hours. For the purpose of computing allowable work time, court appearances constitute on-duty time. Officers shall not work any off-duty employment within 24 hours of the end of their tour of duty in which they called in sick. 2. All Law enforcement-related employment is reviewed and approved by the Chief of Police or designee. Probationary employees maybe approved to work off-duty employment inside the city, but not while in field training.

Answer 11

a. Officer's name. b. Badge number. c. Location where they will be working. d. Times they will be working. e. A telephone where they can be reached. 4. Upon completion of your off-duty job, you must contact police communications to let them know you have finished.

Answer 12

a. Community forums b. “Coffee with the Chief” meetings at local venues / restaurants c. Social media outlets d. Officers eating lunch at area schools with students e. Community surveys f. Mentorship programs (Police Explorers) g. Santa COP h. Citizens Police Academy

Answer 13

Deadly Force: Any use of force that creates a substantial risk of causing death or serious bodily injury

Answer 14

Non-deadly Force: Any use of force other than that which is considered deadly force. This includes any physical effort used to control or restrain another, or to overcome the resistance of another.

Answer 15

Objectively Reasonable: This term means that, in determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the crime, the level of threat or resistance presented by the subject, and the danger to themselves and the community.

Answer 16

Where deadly force is not authorized, officers may use only that level of force that is objectively reasonable and necessary to bring an incident under control. (TBP: 6.01) 2. Force may be used by a police officer in the performance of his duties to achieve a lawful objective as set forth in Chapter 9 of the Texas Penal Code. 3. Acknowledged levels of resistance: a. Psychological intimidation – such as subject body stance (boxing, karate, etc.) b. Verbal non-compliance - abusive language, cursing, verbal refusal to comply with officer's direction. c. Passive resistance - sit in demonstration, hands tucked underneath the body. d. Defensive action - turning, jerking, or twisting away. e. Active aggression - hitting, kicking, biting, etc. f. Aggravated active aggression - aggressive resistance with a weapon, and/or uses techniques or objects which could result in death or serious bodily injury to the confronting officer

Answer 17

Law enforcement officers are authorized to use deadly force when one or both of the following apply: To protect the officer or others from what is reasonably believed to be a threat of death or serious bodily injury

Answer 18

All officers shall receive training in the use of their firearms, all non-lethal weapons, authorized by the department, hands-on arrest and defensive tactics, as well as the Use of Force policy prior to performing any law enforcement duties. B. All officers shall be trained and qualified with their firearms at least annually. (TBP: 3.01, 3.02) (see directive 6.02-2) C. All officers shall receive training in the department’s Use of Force policy at least annually. (TBP: 3.02) (see directive 6.02-2) D. All officers shall receive hands-on arrest and defensive tactics training at least every two years. (TBP: 3.06) (see directive 3.01-2) E. Officers shall receive training in all non-lethal weapons issued or used by the department and demonstrate proficiency with those weapons at least every two years. (TBP: 3.04) (see directive 6.03-2) F. All Use of Force training shall, at a minimum, comply with the standards established by TCOLE.

Answer 19

The officer’s supervisor and the division commander shall review all reported uses of force to determine whether: a. Departmental orders were violated. b. Relevant departmental policy was clearly understandable and effective to cover the situation. c. Departmental training was adequate. d. Departmental equipment operated properly.

Answer 20

Sworn police officers who have the authority to make arrests and maintain the peace, are authorized to carry and use firearms as necessary in the performance of their duty, subject to the restrictions and guidelines of this order, the department’s use of force policy, and state and federal law.

Answer 21

Glock ii. Beretta iii. Smith and Wesson iv. Sig Sauer v. Springfield b. Calibers of handguns: i. .357 sig ii. .40 iii. .45 ACP iv. 9mm

Answer 22

The department shotgun is a Remington model 870 chamber in 12 gauge. Shotguns are assigned to the patrol division and are checked out each shift. All officers are required to complete the department 16-hour basic shotgun training prior to carrying the shotgun. After completion of training, officers are required to carry a shotgun while assigned to patrol duties. 1. All shotguns shall be carried with one less than capacity in the magazine of approved .00 buck shot ammunition, chamber empty, trigger released, and safety on.

Answer 23

Bushmaster ii. Colt iii. Rock River iv. DPMS v. Smith and Wesson vi. Sig Sauer vii. Remington viii. JP – enterprise ix. Bear Creek Arsenal x. Modern Outfitters

Answer 24

Handguns – The department issues Speer Gold Dot handgun ammunition at the yearly qualification. This is the only approved ammunition for handguns. Officers are responsible for the purchase of ammunition for their off-duty or secondary weapon and must be the same as department issue. 2. Shotguns – The Department issues Federal “Flight control” buckshot ammunition and Federal 1 oz slugs at the yearly qualification. This is the only approved ammunition for shotguns. 3. Rifles – The department issues Federal “Tactical Rifle Urban” (TRU) .55 grain hollow points in .223 Remington. This is the only approved ammunition for rifles.

Answer 25

shall maintain a record of all firearms which have been certified as safe and with which officers have qualified. This record shall include the following: a. Officer's name and identification number. b. Make and model of weapon. c. Serial number of weapon. 3. The Range Master shall be a firearms instructor certified by the Texas Commission on Law Enforcement.

Answer 26

Departmental weapons shall not be modified or altered without written approval of the Chief of Police except as outlined.

Answer 27

Annually, either the Range Master or designated armorer shall thoroughly inspect each weapon during qualification on the range. Documentation of this inspection will be maintained by the department Range Master. (TBP: 3.03) 2. Supervisors shall also inspect subordinate officers' firearms monthly to ensure that they are maintained in a clean and serviceable condition.

Answer 28

All Sworn Officers shall qualify with any firearm they carry on or off duty at least annually or when they change weapons. (

Answer 29

Officer shall score a percentage listed below to have successfully qualified with a firearm: 1. Handgun – 80% or higher 2. Shotgun – 80% or higher 3. Rifle – 90% or higher

Answer 30

All department personnel shall, if duties require carrying firearms, receive familiarization instruction on their firearms before range qualification. At least annually, personnel shall, if duties require carrying of a firearm, receive training in the mechanics of the weapon (stripping, lubricating, nomenclature, troubleshooting, and misfires), sound safety practices, and departmental use of force policy. (TBP: 3.01) 3. Use of force and use of deadly force training will be conducted at least annually in conjunction with firearms use and firearms qualification.

Answer 31

Approved Weapons 1. Less lethal weapons currently approved by the department include: a. Baton (ASP or straight style) b. Pepper Spray c. Electronic Control Device (TASER)

Answer 32

Officers will receive training and demonstrate proficiency (qualify) at least every two years on all departmental less lethal weapons systems.

Answer 33

The department authorizes the carrying and use of the baton as the only striking weapon for officers. All other forms of striking or punching weapons are prohibited, including but not limited to saps, blackjacks, slapjacks, nunchaku and similar sticks, and brass knuckles. Flashlights carried by officers are not to be used as striking instruments, except as a last resort to protect the officer or others from injury.

Answer 34

OC spray is considered a use of force and shall be employed in a manner consistent with this agency’s use-of-force policy. 2. OC may be used when: a. Verbal dialogue has failed to bring about the subject’s compliance, and b. The subject is actively resisting or has signaled his intention to actively resist the officer’s efforts to make the arrest. 3. Whenever practical and reasonable, officers should issue a verbal warning prior to using OC against a subject.

Answer 35

A TASER is used to electrically disrupt muscular control and allow officers to quickly subdue a resisting subject without having to resort to the use of deadly force. The TASER is considered a less lethal weapon. 2. There are precautions that must be observed as in the use of any weapon and it is our responsibility to monitor subjects who have been controlled with the TASER for any medical problems. 3. The use of the TASER affords officers the opportunity of controlling individuals who are actively resisting without endangering themselves, the suspect, or the public. 4. It shall be the responsibility of supervisors to ensure proper supervision, managerial controls, and compliance with this order.

Answer 36

The TASER may be utilized in situations when necessary to subdue a noncompliant subject when lesser means of control have not been successful and the suspect is actively resisting officers. 2. Officers may utilize the TASER when a subject is displaying passive resistance and the officer can articulate the need for the level of force. Officers, if practical, should first warn the subject that a TASER will be used if compliance is not met.

Answer 37

Prior to deploying the TASER, whenever reasonable and practical, verbal warnings shall be issued to the subject, to allow the subject the opportunity to comply with the officer’s commands. 2. Prior to deploying the TASER, the deploying officer shall announce “TASER.TASER.” to alert others of the impending use of the weapon. 3. Support officers should position themselves to take control of the subject as quickly as possible when the cycle has ended. This will reduce the number of cycles needed to restrain the subject. 4. The officer activating the TASER should give clear commands (ex. “put your hands behind you back”) while the subject is under the power of the TASER. Support officers should not give commands. This will eliminate contradicting commands and confusion.

Answer 38

Probable cause exists where the facts and circumstances within their [the arresting officers'] knowledge and of which they had reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed." An officer must have probable cause to make an arrest or conduct a search. 2. When an officer has sufficient probable cause, he or she may arrest a person, conduct a search of the person, record the suspect's fingerprints, take the person’s photograph, and detain him. The aim of an arrest on probable cause is to make a formal charge. While in some cases, formal charges may not be filed for any number of reasons, officers should only make a custodial arrest if a formal charge is anticipated.

Answer 39

Reasonable suspicion involves a standard less than probable cause, generally defined by the courts as a circumstance or collection of circumstances that would lead a trained, experienced officer to believe that criminal activity may be afoot. An officer must have reasonable suspicion to temporarily detain a person. 2. When an officer has reasonable suspicion, he or she may conduct a pat-down of a suspect's outer clothing for weapons and record the circumstances of the encounter. The aim of a detention based on reasonable suspicion is to resolve an ambiguous situation and determine if criminal activity is occurring.

Answer 40

Officers are required to arrest suspects for all felony offenses and those major misdemeanor offenses where a victim was injured, property was stolen or damaged, or the public or an individual was placed at risk of great harm.

Answer 41

are required and shall be administered prior to any “custodial interrogation.” (directive 7.40-2) Officers are expected to understand the requirements of Code of Criminal Procedure 38.22 before taking any statements from suspects. 1. The following represent examples of situations that are not “custodial” and do not require Miranda warnings. a. Investigatory stop and frisk. b. Questioning during a routine traffic stop or for a minor violation; to include driving while intoxicated (DWI) stops until a custodial interrogation begins. During routine questioning at the scene of an incident or crime when the questions are not intended to elicit incriminating responses. c. During voluntary appearances at the police facility.When information or statements are made spontaneously, voluntarily and without prompting by police. (Note: Follow-up questions that exceed simple requests for clarification of initial statements may require Miranda warnings.)

Answer 42

Miranda warnings shall be read by officers from the approved Balch Springs Police Department card containing this information to all persons subjected to custodial interrogation.

Answer 43

there are only three types of encounters between police and civilians: (1) a consensual encounter in which the civilians voluntarily elect to stay and interact with the officer, (2) a detention based upon reasonable suspicion, which may include a frisk for weapons if the officer can state the facts and circumstances that justify the officer’s fear for their safety, and, (3) an arrest based upon probable cause

Answer 44

A brief interview of a person to determine the person's identity and to gather information or to resolve the officer's suspicions about possible criminal activity or to determine if the person has information about a criminal offense. 1. Field interviews require voluntary cooperation of the subject. 2. A field interview contrasts with a detention or stop, both of which are based on reasonable suspicion of criminal behavior.

Answer 45

A "pat-down" search of outer garments for weapons

Answer 46

Articulable facts that, within the totality of the circumstances, lead an officer to reasonably suspect that criminal activity has been, is being, or is about to be committed. The reasonableness of an officer’s actions will be determined by reviewing the totality of circumstances known to the officer at the time he or she takes the action.

Answer 47

An investigative detention

Answer 48

Requiring an individual to remain with the officer for a brief period of time for the purpose of investigating the actions of the individual. In order to make the stop, the officer must have reasonable suspicion to believe that criminal activity is afoot and that the person to be detained or stopped is involved.

Answer 49

Officer has knowledge that the person has a criminal record. 2. A person fits the description of a wanted person. 3. A person has exhibited furtive conduct, such as fleeing from the presence of an officer or attempting to conceal an object from the officer's view. 4. The appearance, behavior, or actions of the suspect suggest that he/she is committing a crime. 5. The time of day or night is inappropriate for the suspect's presence in a particular area. The officer observes a vehicle that is similar to that of a broadcast description for a known offense. 7. A person exhibits unusual behavior, such as staggering or appearing to be in need of medical attention. 8. The suspect is in a place proximate in time and location to an alleged crime. 9. The suspect is carrying an unusual object, or his/her clothing bulges in a manner consistent with concealing a weapon. 10. Flight from the officer may be considered as a fact or circumstance, but mere flight will be insufficient basis for reasonable suspicion.

Answer 50

An officer may conduct a field interview at any time if an individual is willing to speak with the officer. A field interview requires voluntary cooperation from the subject. If the officer has no probable cause to arrest or a reasonable suspicion that justifies an actual investigative detention or stop, the individual may discontinue the interview at any time and leave. The person may also refuse to produce identification or otherwise identify himself/herself. The individual does not have to answer any questions or provide any information. 2. An officer must be able to articulate the circumstances that warranted the interview of the subject. Should a field interview result in an arrest, in court an officer must justify his/her intrusion by describing "specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion." Articulable facts and circumstances derive from: a. Firsthand observations. b. Information from informants or members of the community. c. "Collective knowledge" or information shared by several officers. d. Reasonable inferences made by the officer from information known to the officer.

Answer 51

Investigative detentions may involve two distinct acts. The first is the actual detention or stop and it is based on reasonable suspicion. A second component may be a frisk of the detainee for weapons. The frisk must be justified by the officer’s reasonable fear for his/her safety during the detention. The safety concern must arise from the conduct of the detained person, not from safety concerns in general. For example, a frisk could not be justified solely on the claim that “all drug dealers are dangerous.” Not every detention will result in a frisk. Examples of safety factors justifying a frisk may include but are not limited to the following: 1. The type of crime suspected, particularly those involving weapons. 2. When the officer must confront multiple suspects. 3. The time of day and location of the stop. 4. Prior knowledge of the suspect's propensity for violence. 5. Any indication that the suspect is armed. 6. Age and sex of the suspect. Officers shall exercise caution with very young or very old people or persons of the opposite sex.

Answer 52

Ideally, two or more officers will conduct the frisk, one to search and the other to provide protective cover. 2. When frisking, officers shall search only the external clothing for objects that reasonably could be weapons and remove them. Retrieval of the weapon may give probable cause to arrest. If so, officers may then conduct a complete custodial search of the suspect incident to arrest.

Answer 53

Under some conditions, the protective search or the search for weapons may be extended beyond the person detained. This search occurs most often involving vehicles. A lawful, protective search for weapons, which extends to an area beyond the person in the absence of probable cause to arrest, must have all of the following elements present: a. A lawful detention as defined herein or a lawful vehicle stop. b. A reasonable belief that the suspect poses a danger. c. A frisk of the subject must occur first. d. The search must be limited to those areas in which a weapon may be placed or hidden. e. The search must be limited to an area that would ensure that there are no weapons within the subject's immediate grasp. f. If the suspect has been arrested and restrained or removed from immediate access to the vehicle, a search of the vehicle cannot be made for protective reasons. A search may be made of the vehicle if other exceptions to a search warrant exist.

Answer 54

Investigative detention, as with field interviews, must be conducted as quickly as possible. Once the detaining officer determines that the basis for reasonable suspicion no longer exists, the person detained shall be immediately released. Should the suspicion be reinforced with additional information or the officer develops probable cause, the period of detention could be lengthened. The courts generally permit up to 20 minutes to constitute a reasonable period of time for the interview.

Answer 55

An arrest is a seizure of a person. An arrest is supported by probable cause. Except as authorized by the Texas Code of Criminal Procedure, Chapter 14, or Section 18.16, an officer shall not arrest anyone without an arrest warrant.

Answer 56

with consent to search from the resident or person having control of the property, or b. With a search warrant for that residence in order to enter and make the arrest, or c. While in fresh pursuit of the wanted person

Answer 57

Officers may arrest persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony or breach of the peace, or threaten, or are about to commit some offense against the laws. b. If an officer has probable cause to believe that a person has committed an assault resulting in bodily injury to another and believes that there is danger of further bodily injury to that person, the officer may arrest the violator. If an officer has probable cause to believe that the person has committed an offense involving family violence, the officer may arrest the violator. c. If a person prevents or interferes with an individual’s ability to place an emergency telephone call related to family violence, an officer may arrest the violator. d. Officers shall arrest a person in violation of a valid protective order when committed in the officer’s presence. Officers may arrest an offender for any offense committed within the officer's presence or view, including traffic violations. e. Officers may arrest at the direction of a Magistrate, when a felony or breach of the peace has been committed. f. Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is not time to procure a warrant, said officer may, without warrant, pursue and arrest the accused. g. Officers may arrest a person who confesses to a felony crime.

Answer 58

Offense report completed e. Juveniles are released within six (6) hours of being detained i. Juveniles can be released to their parent or guardian or ii. Transported to Letot for Class C Misdemeanors, or iii. Transported to Dallas County Juvenile Detention Center for Class B Misdemeanors or greater. f. Supervisor will approve the offense report and determine the manner of the juvenile’s release.

Answer 59

The general rule is that a reasonable search may follow a valid arrest. The officer has the authority to make a search which may extend to articles carried by the suspect and to the suspect's immediate surroundings. The purpose of this search is to remove any weapons from the arrested person which could be used against the officer while in custody, to remove any items that might facilitate an escape, and to prevent the destruction of any evidence by the arrested person. B. A search incident to an arrest must occur in such a way that it and the arrest are part of a continuous, uninterrupted transaction. Two conditions are necessary for this to occur: 1. The search must be made as soon as practical after the arrest. 2. The search must be made at or near the place of the arrest

Answer 60

The entirety of the person being arrested. 2. The area within the immediate control of the person being arrested into which the suspect might reach for a weapon or for evidence.

Answer 61

The arrested vehicle occupant is unsecured and within arm’s reach of the passenger compartment at the time of the search, or 2. The officer has a reasonable belief that evidence related to the crime of the arrest is located within the passenger compartment. 3. Once an occupant has been secured and is unable to effectively reach the passenger compartment, the authority to search the vehicle for safety reasons is removed. Officers may conduct a search of a vehicle passenger compartment in such circumstances if other warrantless search exceptions apply or by obtaining a search warrant.

Answer 62

Body-cavity searches other than the mouth shall be conducted only when there is probable cause to believe a particular prisoner may be concealing contraband within a body cavity or otherwise on the suspect's person. Body-cavity searches shall only be conducted under the express direction of the Chief of police or his designee.

Answer 63

A search warrant is not necessary where a person who has authority or control over the thing or place searched consents to the search. Note that the officer doesn't have to have reasonable suspicion nor probable cause to request a consent search: he or she may merely ask for permission from someone with control over the item or premises. If that person grants permission, the search may take place. The sole justification for a consent search is the existence of knowing, intelligent, and voluntary consent

Answer 64

A search warrant is not necessary in an emergency. An emergency is sometimes termed "exigent circumstances." 2. Police Officers may make a warrantless search of any person or anything, whether personal belongings, vehicles, or buildings, anytime they have a probable cause to believe it is necessary to save a life, prevent injury, or prevent the destruction of evidence

Answer 65

A plain-view seizure is, technically, not a search. To make a plain-view seizure of property (contraband, fruits, or instrumentalities of the crime), two requirements must be met: From a lawful vantage point, the officer must observe contraband left in open view; and 2. It must be immediately apparent to the officer that the items he or she observes may be evidence of a crime, contraband, or otherwise subject to seizure.

Answer 66

During a lawful frisk (stemming from a lawful stop), if an officer detects an object that is or might reasonably be an item that is contraband or other criminal evidence, then the object may be seized. Threatening items such as weapons may always be removed during frisks. Non-threatening items may be removed only if their contraband or evidentiary nature is immediately apparent.

Answer 67

officers shall search vehicles under the authority of a warrant whenever sufficient time exists to obtain one. Nevertheless, warrantless searches of vehicles may take place under a number of conditions and circumstances. It is imperative that officers understand the different types of vehicle searches and their limitations.

Answer 68

As a rule, no container within a vehicle shall be searched unless it might contain the item(s) sought.

Answer 69

While not a search for evidence or contraband, a vehicle inventory may be conducted if the vehicle is to be impounded.

Answer 70

A written order, issued by a magistrate, and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and deliver to the magistrate any of the film exposed pursuant to the order.

Answer 71

Quick and limited search of premises incident to an arrest or service of a warrant performed in order to identify weapons or other dangers to officers or others. Officers must be able to articulate a reasonable basis for conducting a protective sweep.

Answer 72

Curtilage usually refers to the yard, garden, or piece of ground which adjoins a private residence. While the term has no absolute definition that applies under all circumstances, the curtilage of a private residence, for instance, is determined by whether the area is enclosed; the nature and use of the area; the proximity of the area to the home; and any measures taken by the owner to protect the area from observation.

Answer 73

Search warrants may be issued for the search of or for specified places, things or persons, and seizure there from of the following things as specified in the warrant: a. Weapons or other objects used in the commission of a crime. b. Articles or things the sale or possession of which is unlawful. c. Stolen property or the fruits of any crime. d. Any object, thing, or person including documents, books, records, paper, or body fluids constituting evidence of a crime.

Answer 74

Prior to obtaining a search warrant, officers should consult the Investigation’s supervisor for review of the probable cause and approval to seek a search warrant. This review may be conducted by telephone if necessary. If the supervisor approves the warrant application, the supervisor shall notify the Chief of Police or his designee and information of the circumstances surrounding the offense and the need for the warrant. B. The approving supervisor will be in charge of the warrant execution. While the lead investigator or officer may develop the case information, construct the affidavit, obtain the warrant and seek assistance from the warrant team if needed, the approving supervisor is responsible for the proper and safe execution of the warrant including compliance with this policy.

Answer 75

a. Personal observation or knowledge by an officer. b. Eyewitnesses who have first-hand knowledge. c. Sources (if proven reliable or corroborated by personal observation of an officer).

Answer 76

A detailed description of the place, thing, or person to be searched. b. A description of the things or persons to be searched for. c. A substantial allegation of the offense in An allegation that the object, thing, or person to be searched constitutes evidence of the commission of the offense. e. Material facts which would show that there is probable cause for issuing the search warrant. f. Facts that establish probable cause and that the item to be seized is at the location to be searched relation to which the search is to be made.

Answer 77

In most circumstances safety concerns mandate that arrested subjects should be handcuffed. Officers must be able to justify exceptions without unduly risking safety. Some possible exceptions are: a. Children under 10 years of age; b. Pregnant females; c. Handicapped or disabled suspects; or d. Elderly suspects. 2. Normally, officers shall handcuff a subject with the hands in back, but he may choose to handcuff hands in front due to the suspect’s handicap or disability. If handcuffed in the front, officers should attempt to secure the handcuffs to the body by use of a transport belt if possible.

Answer 78

The transport belt allows the officer to handcuff the prisoner in front, yet restricts the movement of the prisoner’s arms and hands. The transport belt will be used when the officer deems it appropriate.

Answer 79

Ankle shackles will be used by officers when transporting any prisoner they have reason to believe might be an escape risk or when circumstances deem it appropriate

Answer 80

Plastic handcuffs will be used when officers take several prisoners into custody, or when a prisoner requires multiple restraints. Officers must understand that, once applied, plastic handcuffs can only be removed with a knife, scissors, or other cutting instrument.

Answer 81

The hobble technique refers to the use of a hobble device to secure a prisoner’s feet while in transport in a police car. It involves looping a rope around the ankle cuffs and then extending the other end of the device onto the door jam and then shutting the door, thus holding the prisoner’s feet in place. 2. The hobble device should only be applied when the officer feels that the prisoner poses an imminent threat of physical harm to himself or another with the use of his feet or legs, or when the prisoner attempts to damage the inside of the patrol car during transport. A prisoner that requires the hobble device requires a two officer transport so that one officer can monitor the status of the prisoner while in transport, e.g. prevent prisoner head strikes against window etc.

Answer 82

1. Officers shall not place subjects in a prone position with the hands and ankles bound from behind with handcuffs, belts, or other devices. 2. As soon as any suspect who is lying on his or her stomach has been handcuffed, officers shall roll the suspect onto his or her side, or place the suspect in a sitting position. Suspects shall never be transported in a prone, face down position. Intoxication, recent use of drugs or alcohol, the presence of a head injury, obesity, physical disability, and recent exertion are all circumstances that can increase difficulty breathing when restrained. All suspects will be monitored during custody and transport for indications of medical problems and medical treatment obtained if required. (TBP 10.01f)

Answer 83

A person who is ten years of age or older and less than seventeen years of age; or 2. Seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct in need of supervision as a result of acts committed before becoming 17 years of age.

Answer 84

Conduct, other than a traffic offense (except DWI) that violates the penal laws of this state or the United States punishable by imprisonment or confinement in jail.

Answer 85

A juvenile who is charged with an offense that would not be a crime if committed by an adult.

Answer 86

Pursuant to an order of the Juvenile Court; b. Pursuant to the laws of arrest; c. For conduct which violates a penal law of this state or a municipal ordinance; d. For Delinquent Conduct or Conduct Indicating a Need for Supervision, including truancy and runaway; e. Pursuant to a Directive to Apprehend.

Answer 87

Seriousness of offenses. Prior record of child. c. Child's age. d. Cooperation and attitude of all parties (child, parent, victim) and the possibility of the offense being repeated. e. Degree of wrongful intent, violence, premeditation, knowledge of violation. Officers may elect to transport the juvenile home, make personal or telephone contact with the juvenile’s parents or guardians to provide them with information and counseling on their child’s actions, or take the juvenile into custody and transport the juvenile to the Juvenile Processing Office until the juvenile is released to a parent or guardian

Answer 88

When custody occurs because a juvenile is a reported truant by school officials, the juvenile shall be taken into custody and delivered to the appropriate school personnel and released. 2. The officer shall complete an incident report which includes the name of the person notifying the parent of the truancy and the name of the person to whom the juvenile was released.

Answer 89

In the absence of the responsible parent or guardian, police officers are expected to immediately take custody of any juvenile found to be in need of emergency medical care and to see that the juvenile is taken to an emergency hospital for treatment.

Answer 90

Officers will follow the procedure outlined below while taking written confessions from juveniles in custody: a. Written confessions are taken in compliance with the Texas Family Code. b. A magistrate, outside the presence of law enforcement officers, first warns the juvenile. c. An officer then takes the typed or handwritten statement, but leaves the statement unsigned. The officer then returns the juvenile and the statement to the magistrate. e. The magistrate will review the statement with the juvenile outside the presence of law enforcement officers. f. The juvenile is then allowed to sign the statement in the magistrate’s presence.

Answer 91

Driving in response to a life-threatening or other serious incident (based on available information) which requires emergency equipment in operation. Emergency driving with emergency lights and siren activated allows officer to disregard certain traffic regulations but officers must still drive with due regard for the safety of the officer and others.

Answer 92

In case of accident or damage to any department vehicle, the driver shall immediately request the on-duty supervisor. 2. Accidents involving members of this department will be investigated by a traffic investigator. If a traffic investigator is unavailable then the on-duty supervisor will conduct the investigation. Should the accident involve a supervisor a traffic investigator or other supervisor will conduct the investigation. 3. Drivers shall report any found damage or other non-accident damage to their supervisor immediately and document the damage in a memorandum.

Answer 93

Before each duty assignment, officers shall check their vehicles for cleanliness, operability, and all required equipment. Vehicle checks shall be recorded with the in-car video. Officers shall also ensure that vehicles have adequate levels of oil, brake fluid, power steering fluid, and gas. Any deficiencies should be reported to the supervisor. 2. Officers shall check the safety features of the vehicle before assuming duty. The check shall include (but not be limited to) all lights, brakes, siren, horn, steering and computer and video equipment. Officers shall also check tires for tread wear and proper inflation. 3. Officers shall examine their vehicles at the beginning and end of their shifts for damage. Officers shall report any damage immediately to the on-duty supervisor. 4. Officers shall examine their vehicles at the beginning and end of their shifts to search for evidence, contraband, or property discarded by prisoners or others. Rear seats shall be thoroughly checked.

Answer 94

Calls for service are classified as Code 1 or 3 depending on circumstances. Code 3 calls are authorized by the dispatcher, a supervisor, or the patrol officer, subject to the considerations discussed below. The codes are defined as follows: 2. Code 1 responses are utilized for any situation regardless of apparent urgency where the preservation of life is not a consideration. Units responding to Code 1 calls shall respond to the location without delay, complying with all traffic regulations and shall not use emergency warning devices. 3. Code 3 responses are authorized for any emergency where the preservation of life is a consideration. Primary and support units responding to Code 3 calls shall proceed rapidly to the location of the emergency by the most direct means, using all emergency warning devices with a paramount consideration for the safety of the public and the officer.

Answer 95

Officers shall activate emergency equipment to notify drivers that they must stop and to provide a safe environment for the driver, officer, and the public. 2. Officers may activate emergency equipment in non-emergencies when expediency is required to eliminate a potential hazard to the public or other officers, such as using emergency lights to protect disabled motorists or when department vehicles are used as protective barriers.

Answer 96

A deliberate tactic by two or more pursuit vehicles to force a pursued vehicle in a specific direction or to force it to reduce speed or stop by maneuvering the pursuit vehicles in front of, behind, or beside the pursued vehicle.

Answer 97

Direct participation in a pursuit by department vehicles other than the primary and authorized support vehicles.

Answer 98

An active attempt by an officer in an authorized emergency vehicle to apprehend a suspect, who is fleeing or evading apprehension, provided the officer reasonably believes that the suspect is refusing to stop and is willfully fleeing capture by high-speed driving or other evasive maneuvers. Pursuits shall be conducted only with activated emergency equipment and under circumstances outlined in this order. An attempt to stop a vehicle that is not fleeing, or attempts to stop a vehicle that is refusing to stop while still obeying traffic control devices and not exceeding the speed limit by more than ten miles per hour is not a pursuit.

Answer 99

Any method, restriction, or obstruction used to prevent free passage of vehicles on a roadway in order to stop a suspect.

Answer 100

The second or additional department vehicles, participating in the pursuit, which follows the primary pursuit vehicle at a safe distance and helps the primary pursuit vehicle once the suspect vehicle has stopped, or which can assume the primary role if circumstances dictate.

Answer 101

When the officer has probable cause to believe that a felony involving the use or threat of physical force or violence has been, or is about to be, committed, or 2. To assist another law enforcement agency at their request and while in the city limits of Balch Springs. The supervisor may deny the request for assistance if the supervisor determines that the risk of the pursuit outweighs the risk to the public or the officer. The supervisor may also approve the assistance outside the city limits until such time another jurisdiction is able to assist. 3. Officer on-views a suspect discharge a firearm in a public place or displays a firearm in a public place in a threatening manner, and the officer reasonably believes that the immediate need to apprehend the offender outweighs the risk to any person of collision, injury or death. 4. All other Pursuits are prohibited.

Answer 102

the pursuing vehicle shall activate appropriate warning and recording equipment. 3. The officer shall notify the communication operator of the following: a. The location of the officer and the suspect's vehicle. b. The direction of travel. c. The license number (and state) of the suspect's vehicle. d. The description of the suspect's vehicle and occupants if possible. e. The reason for the pursuit. 4. The officer will, to the best of their ability, keep the communication’s operator informed of the location and direction of travel. Whenever the risk to the public or the officer outweighs the immediate need to apprehend the suspect, the officer will terminate the pursuit.

Answer 103

The on-duty supervisor shall monitor the pursuit by ensuring compliance with department policy, directing officers to join or abandon pursuit, re-designating primary and support pursuing vehicles if necessary, approving or directing pursuit tactics, and terminating the pursuit. 2. The on-duty supervisor shall monitor the pursuit and may respond to the location of the stopped suspect. The supervisor may end the pursuit at any time that he or she feels circumstances warrant.

Answer 104

No more than three (3) department vehicles may pursue a fleeing suspect without the specific authorization of the on-duty supervisor. In authorizing additional department vehicles to pursue, the supervisor shall consider: a. The nature of the offense. b. The number of suspects. c. The number of officers currently participating as primary or support vehicles. d. Any injuries or property damage already sustained as a result of the pursuit. e. Any other clear, articulated facts that would justify the assignment of additional department vehicles.

Answer 105

Officers shall not intentionally ram, bump, or collide with a fleeing vehicle nor shall officers pull alongside such vehicles in an attempt to force them off the road or into an obstacle. 2. Boxing-in is prohibited. 3. Caravanning is prohibited. Only three (3) department vehicles shall participate in a pursuit at any time unless specifically authorized by a supervisor. 4. Officers shall not fire their weapons from a moving vehicle. 5. If the on-duty supervisor orders the pursuit to end, pursuing officers shall cease immediately. Also, the pursuing officer(s) shall end the pursuit if at any time during the course of the pursuit he or she loses sight of the fleeing vehicle for more than a few seconds. 6. The use of a stationary or rolling roadblock is prohibited.

Answer 106

Pursuits beyond the local jurisdiction require the direct approval of the on-duty supervisor and, if approved, shall be conducted according to this order. The communications operator shall notify the appropriate jurisdiction of the pursuit and request help when authorized by the on-duty supervisor. 2. If officers from another jurisdiction pursue a suspect into our jurisdiction, department officers shall enter the pursuit only if the other agency specifically requests help and the on-duty supervisor approves our participation. Any non-pursuit assistance (including apprehension of a stopped suspect) may be provided as the circumstances dictate. 3. When the fleeing suspect is apprehended in another county that is not immediately adjoining Dallas County, the pursuing officer shall take the arrested person to be arraigned before a judicial officer of that jurisdiction.

Answer 107

Officers shall discontinue a pursuit under the following circumstances: a. The on-duty supervisor orders it. b. The pursuing vehicle experiences an equipment or mechanical failure that renders the vehicle unsafe for emergency driving. c. The pursued vehicle has outdistanced the pursuing officer such that its location is not known. d. A person has been injured during the pursuit and no medical or department personnel are able to provide help. e. The pursuing officer perceives a clear, unreasonable danger to officers, the fleeing suspect, or the public, and the danger created by continuing the pursuit outweighs the value of apprehending the suspect at the time.

Answer 108

commanded by a Lieutenant and includes a Patrol Section, Traffic Section and Jail Section. These sections are comprised of officers and sergeants assigned to both patrol and traffic functions. The sergeants report to the Operations Lieutenant.

Answer 109

Responsible for the preliminary investigation of calls for police services, accident investigation, traffic enforcement, crime prevention, those duties which by their very nature require the actions of a police officer, and assignments which may be given by a commanding officer. 2. Composed of designated shifts, each under the supervision of a police sergeant or other designated supervisor who reports to the commanding Lieutenant.

Answer 110

Responsible for primary service related to traffic operation, including, but not limited to, traffic enforcement, accident investigation, designated traffic direction and control, and assignments that may be properly given to them. 2. Composed of designated personnel under the supervision of a police sergeant or other designated supervisor who reports to the commanding Lieutenant.

Answer 111

Personnel are distributed among four patrol shifts. Personnel are assigned to a shift for a period of 12 months. b. Minimum staffing for patrol functions is four sworn officers. c. Personnel work six (12) twelve hour shifts and one (8) hour shift, in a (80) eighty-hour pay period. d. Personnel assigned to the Patrol section work a combination of four days on duty, four days off duty, three days on duty and three days off duty.

Answer 112

intended for the purpose of accurately capturing the activities of officers during the performance of their duties. The recording can be used after an incident to evaluate the actions of officers and the persons they encounter. Videos also supply good documentation of evidence in criminal cases but are not intended as evidence for routine traffic citations. The use of the video recorder is required in the type of racial profiling reporting that is conducted each year.

Answer 113

Traffic stops (to include, but not limited to traffic violations, stranded motorist assistance and all crime interdiction stops) ii. Priority responses iii. Vehicle pursuits iv. Prisoner transports v. It is not required for officers to activate the in-car camera for report calls.

Answer 114

All contacts whether on call or officer initiated. ii. Traffic stops (to include, but not limited to traffic violations, stranded motorist assistance and all crime interdiction stops) iii. Priority responses iv. Vehicle pursuits v. Prisoner transports

Answer 115

Vehicle Mobile Video Recordings shall be retained a minimum of 90 days and then be purged from the computer server. This in accordance with the Code of Criminal procedure on racial profiling reporting. B. Personal Mobile Video Recordings shall be retained a minimum of 180 days and then be purged from the computer server. This retention is intended to compliment the procedure for complaints against officers as outlined in the Texas Government Code chapter 143.

Answer 116

involves all activities or operations which relate to observing, detecting, and preventing traffic law violations and taking appropriate action under the circumstances.

Answer 117

Officers have legal justification for stopping a motor vehicle as provided by the Fourth Amendment to the U.S. Constitution. Without such justification, evidence of illegal activity discovered during the course of a stop may be inadmissible in court. 2. Officers are prohibited from stopping vehicles under the guise of legal authority when in fact the stop is based solely on the officer's prejudice concerning a person's race, ethnicity, sex, or similar distinction. 3. A motor vehicle may be stopped only for a period of time that is reasonable to issue a citation or conduct other legitimate police business.

Answer 118

Juvenile traffic offenders are prosecuted in Municipal Court. Juveniles over the age of 10 may be issued citations. Officers issuing traffic citations to juvenile offenders shall advise them that a parent or guardian must accompany them when they appear before the court. Juveniles must appear in court with their parents, no prepayment is allowed.

Answer 119

The citation shall be completed whenever a motorist is to be charged with a motor vehicle violation. Officers shall advise drivers of the following: 1. Provide a copy of court appearance schedule and contact information. (TBP: 7.21) 2. Whether the court appearance by the motorist is mandatory. 3. Whether the motorist may be allowed to pay the fine before court and enter a guilty plea. 4. Answer the motorist's questions about the summons as thoroughly as possible.

Answer 120

The two primary objectives of any traffic stop are a. Take proper and appropriate enforcement action; and b. Favorably alter the violator's future driving behavior. 2. Achievement of these objectives requires the officer to evaluate the violator's mental and physical condition when assessing the facts of the violation itself. In achieving these objectives, officers must exhibit flexibility to minimize conflict or argument with the violator.

Answer 121

Maintain a reasonable distance between the violator and the patrol vehicle. b. Locate a safe spot to stop the vehicle. c. Activate the emergency lights and, when necessary, the siren to signal the vehicle to stop. d. Advise the dispatcher of the intention to stop the particular vehicle, and give the following information: i. The location of the stop by street and block number. ii. The vehicle's license tag number and a description of vehicle. e. The officer shall position the patrol vehicle approximately one-half to one car length behind the violator's vehicle. The patrol vehicle should be positioned so that it will offer the officer some protection from oncoming traffic. This position should be two feet outside and to the left of the violator's vehicle.

Answer 122

In transacting business with the violator, the officer shall observe the following rules. a. Greet the violator courteously with an appropriate title. b. Ask for and accept only the violator's identification and insurance. If the driver offers money, the officer shall refuse it and advise the driver of the illegality of the offer. c. Inform the violator what traffic law he or she has violated and the intended enforcement action (do not keep the violator in suspense).

Answer 123

Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (b) Having an alcohol concentration of 0.08 or more.

Answer 124

Officers shall utilize and administer the following standardized field sobriety tests (SFST) for DWI offenses, a. Horizontal Gaze Nystagmus (HGN) b. Walk and Turn. (WAT) c. One-Leg Stand. (OLS) 2. Officers should be aware of patrol vehicle placement insuring that all SFST’s performed in the field are captured with in car video/audio If no SFST’s are conducted a detailed explanation will be provided by the arresting officer and documented within the DWI report.

Answer 125

A blood specimen shall be requested for analysis in all cases where the arrested subject is believed to be intoxicated by means other than alcohol. A blood specimen shall be drawn in all cases where mandated by law or under order of the court or magistrate. 2. Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer and such a specimen must be taken in a sanitary place. 3. Departmental authorized blood draw kits shall be used to obtain blood specimens for evidentiary analysis. These kits will be sealed for integrity until the time of collection. The officer shall witness the qualified personnel taking the blood sample and ensure: a. An alcohol solvent is not used to cleanse the withdrawal location, b. Immediately after the blood collection, the collection vial is inverted several times, slowly mixing the anticoagulant powder and blood, and c. The transfer of the full blood collection vial directly to his/her possession. 6. The officer shall insure that the recovered blood vial is proper.

Answer 126

If the DWI offender has been involved in a traffic accident, officers shall also undertake the following: 1. Identify the offender as operator/driver of motor vehicle while following departmental directives for Traffic Accident Investigation. 2. Identify any witnesses who observed the offender operating a motor vehicle. 3. Question the witnesses about the offender’s condition, actions, and statements immediately after the accident. Obtain written Affidavit’s from witness related to these observed conditions or actions. 4. Establish a time lapse from the time of the accident to the time of arrest. 5. Photograph scene of accident including vehicles involved, damage to property, and any other related items of evidence to the offense.

Answer 127

All persons under 21 years of age operating a motor vehicle in a public place with any detectable amount of alcohol shall be considered under the influence with officers acting in accordance of Sec. 106.041 of the Texas Alcoholic Beverage Code. Officers may utilize discretion in either the issuance of a citation or arrest. In the case of the issuance of a citation the officer shall take reasonable and prudent steps to insure the safety of both the violator and the public. 2. Officers shall exercise the same DWI responsibilities with suspects ranging in age of 17 to 21 years who are determined to be intoxicated and in violation of laws governed by Chapter 49 of the Texas Penal Code. 3. No person under the age of 17 shall be exposed to either breath test or blood draw without the express authorization of the office of the Chief of Police. If a request for breath or blood is made related to persons under the age of 17 it shall be video/audio recorded without exception.

Answer 128

Texas Transportation Code requirements concerning the reporting of traffic accidents include: a. TRC 550.026 - The driver of any vehicle involved in an accident resulting in death or injury shall immediately notify the law-enforcement officials. b. TRC 550.062 - A law-enforcement officer investigating an accident resulting in injury or death or total property damage to an apparent amount of $1,000 or more shall make a written report of it to DPS. c. TRC 550.062 - Officers who investigate an accident for which a report must be made, either at the time of and at the scene of the accident, or thereafter and elsewhere, by interviewing participants or witnesses, shall within 10 days after completing the investigation, forward a written report of the accident.

Answer 129

An officer shall respond to and prepare a report of accident involving any of the following: a. Death or injury. b. Property damage in excess of $1,000. c. Hit and run. d. Impairment due to alcohol and drugs. e. Hazardous materials. f. Accidents involving commercial motor vehicles. g. Accidents involving any city/county property, vehicles, equipment, or facilities. h. Any accident where either driver cannot produce a driver’s license or proof of liability insurance.

Answer 130

Officers shall respond to minor accident scene Code one, unless the dispatcher or supervisor directs otherwise. 2. Officers shall respond Code three to major accidents where there exist injuries or major road or highway blockages, or where information provided indicates the immediate need for an officer on scene. 3. The officers responding shall park their vehicles as necessary to protect victims and the accident scene, while still leaving room for egress for emergency services.

Answer 131

The first officer to arrive at an accident scene shall perform the following: a. Administer emergency medical care (basic life support measures) pending arrival of rescue personnel b. Summon additional help as required (officers, rescue, wreckers). c. Protect the accident scene. d. Preserve short-lived evidence (broken parts, skid marks). e. Establish a safe traffic pattern around the scene. f. Verify driver’s license and insurance are current. g. Locate witnesses and recording key accident information. h. Expedite removal of vehicles, persons, and debris from the roadway except for fatal accidents.

Answer 132

Collecting information 1. At the scene of the accident, the investigating officer shall gather appropriate information for a report. Information to be collected at the scene may include, but is not limited to, the following: a. Interview drivers, occupants and witnesses and secure necessary identity/address information. b. Examine and record vehicle damage. c. Examine and record the effects of the accident on the roadway or off the roadway on private or public property. d. Take measurements as appropriate. e. Take photographs as appropriate. f. Collect and process evidence. g. Exchange information among principals.

Answer 133

A report shall be filed on all accidents that occur on public property, or publicly accessed private property within the city if it meets any of the normal reporting criteria (death, personal injury, property damage in excess of $1000, or involves government-operated vehicles). Public property is any highway, roadway, street, or public parking lot maintained by the state, county, or city. Publicly accessed private property is a private access way or parking area provided for a client of a business, but not residential property or private parking where a fee is charged for parking. 2. In the event of an accident that occurs on private property, an accident report may be filed if it meets any of the normal reporting criteria (death, personal injury, property damage in excess of $1000, or involves government-operated vehicles).

Answer 134

Officers shall not push or tow any vehicle with a patrol vehicle unless the patrol vehicle is equipped with a department-approved push bar and the officer has received approval by the supervisor. 2. Due to the risk to radio and emergency equipment, officers shall not connect jumper cables to a patrol vehicle to start a person’s vehicle. Summon a wrecker if a jump-start is required

Answer 135

The primary purpose of an investigation is to collect facts leading to the identification, arrest, and conviction of an offender and to organize and present the facts for a successful prosecution. The single most important criterion which determines a successful investigation is correctly obtaining and handling information supplied by a victim or witness immediately after the crime. The department expects officers to treat investigations as a skill developed through training and experience, a skill that demands intelligence, logic, and discipline.

Answer 136

The preliminary investigation begins when the first officer arrives at the scene of a crime (or a citizen requests help) and continues through the conclusion or until an investigator arrives and assumes responsibility. Patrol officers are responsible for the preliminary offense report in all cases unless specifically directed by a supervisor.

Answer 137

Patrol officers who have been trained in collecting evidence will collect physical evidence to the limit of their ability and training. When additional evidence requires collection, is beyond the capabilities or training of the officer, or is evidence in a serious crime, the patrol supervisor shall contact appropriate the Investigations Section

Answer 138

The shift supervisor shall ensure that an adequate and complete preliminary investigation has been made and shall review, screen, and approve the officer's preliminary report. Screening shall include a review of facts to ensure that all essential information is included, along with legibility, clarity, and completeness. Supervisors shall review, approve, and forward reports to the Investigations Section. 2. Supervisors shall limit access to crime scenes to those persons immediately and directly connected with the investigation. This rule applies to other officers of the department, other agencies, or members of the community, regardless of rank or position. 3. The supervisor shall authorize the call-out investigations personnel if appropriate. 4. The supervisor may enlarge the preliminary crime scene if necessary by assigning officers to canvass the area for possible witnesses or suspects.

Answer 139

All formal reports begin with field notes. Field notes are important for the following reasons: 1. To create a permanent record of events. 2. To aid the investigation. 3. To ensure accurate testimony in court. 4. To protect the officer from false accusations.

Answer 140

Date, time of arrival at the scene. 2. Relevant weather or situational conditions at the scene upon arrival (e.g., a fire, crowd). 3. Circumstances of how the crime was discovered and reported. 4. Identity of other officers or emergency personnel at the scene. 5. Physical evidence present at the scene and the officers responsible for its collection. 6. Names, addresses, telephone numbers of victims or witnesses. 7. Results of interviews with the complainant, victim, or witnesses to include the identity or description of suspects. 8. Affidavits 9. Diagrams, sketches, photographs, or videotape taken at the scene, and the identity of the photographer or artist. 10. Recommendations for further investigation.

Answer 141

Field interviews are a productive tool and source of information for the department. They shall be used only in the pursuit of legitimate enforcement goals. When used properly they can discourage criminal activity, identify suspects, and add intelligence information to the files of known criminals.

Answer 142

Suspects do not have to be informed that they are being recorded unless required by law. b. The office of the prosecutor, the investigative case manager, or other authorized department official may direct that specific interrogations be recorded that do not meet the criteria of major crimes as defined by departmental policy. c. The primary interrogator shall, where possible, obtain a signed waiver from the suspect before beginning interrogation. If the suspect elects not to be recorded or refuses to engage in the interrogation, the suspect’s rejection shall be recorded when reasonably possible.

Answer 143

Compliance with constitutional requirements during criminal investigations 1. All officers when conducting criminal investigations shall take all precautions necessary to ensure that all persons involved are afforded their constitutional protections. Officers shall ensure that: 2. All statements or confessions are voluntary and non-coercive. 3. All persons are advised of their rights in accordance with this general order. 4. All arrested persons are taken promptly before a magistrate for formal charging. 5. All persons accused or suspected of a criminal violation for which they are being interrogated are afforded an opportunity to consult with an attorney. 6. Prejudicial pre-trial publicity of the accused is avoided so as not to interfere with a defendant's right to a fair and impartial trial.

Answer 144

1. Cleared - An arrest has been made in this case. 2. Exceptional Clearance - The identity and address or exact location of the culprit is known and sufficient evidence to obtain a warrant exists. However, due to some reason outside the control of the police, no arrest will be made. Examples: Complainant will not prosecute; District attorney will not prosecute; perpetrator is dead; subject arrested by another jurisdiction and no charges will be placed by the department. 3. Unfounded - The offense did not really occur in the first place, although at the time of the original report, it was believed to have occurred. If the investigation has exhausted all leads, yet the possibility remains that new facts may come to light given future inquiry, the case shall remain open. 4. Inactive - All leads have been exhausted. No further investigation is possible or practical until new leads develop. 5. Warrant issue – a warrant was issued and awaiting arrest of a suspect. 6. Grand Jury Referral – case was referred to the Dallas County Grand Jury for a True Bill or No Bill determination. 7. Referred to City Court – Complainant was referred to the City Court of Balch Springs which holds jurisdiction in alleged criminal offense

Answer 145

Proper documentation, collection, preservation, and submission of physical evidence to forensic laboratories may provide the key to a successful investigation and prosecution. Through evidence located at the scene, suspects are developed or eliminated, investigative leads are established, and theories concerning the crime are substantiated or disproved. It is imperative, therefore, that each officer carefully processes a crime scene not to overlook or contaminate or destroy evidence. Physical evidence appears in many shapes, sizes and forms, thereby necessitating various recovery, preservation, and submission techniques. The officer or investigator shall be prepared to collect, identify, and package the evidence so that it will not be changed in form and value when it reaches the laboratory. The officer collecting the evidence shall maintain a chain of custody of that evidence in order to ensure that it is presented to the court professionally and in compliance with the law.

Answer 146

The chain of custody is the series of documented links between the time the evidence was obtained until presented in court. The links are officers who handled the evidence, and where and when they did so.

Answer 147

The exclusionary rule requires that evidence seized or discovered in violation of the suspect's Fourth, Fifth, and Sixth Amendment rights cannot be admitted in court.

Answer 148

Any substance or material found or recovered in connection with a criminal investigation.

Answer 149

The evidence / property custodian is the employee designated by the Chief of Police to have administrative oversight over all found or confiscated property which comes into departmental possession

Answer 150

Depending on the nature of the crime and the type of evidence present, patrol officers will normally collect and submit physical evidence to the extent they have been trained and have the equipment to do so. Normally patrol officers will collect and submit evidence on misdemeanor offenses and some felony offenses where a document and or video evidence is the only physical evidence present. B. The department has a number of investigators trained and equipped to collect physical evidence. The patrol on-duty supervisor will request the Investigations Section when the evidence present is beyond the capabilities of the patrol officers training or equipment.

Answer 151

Before moving objects or collecting evidence at major crime scenes (except where necessary to help a victim, apply first aid, or handle a suspect), officers will photograph the scene. Photographs should start at the edge of the property and progress into the scene as needed to show the scene and relationship of the evidence present. Close up photographs of each piece of evidence will be taken with and without a measuring device in the picture. 2. At major crime scenes, officers will also prepare a sketch of the scene. Sketches of any crime scene will be done if it will show relationships or locations of where evidence is collected. 3. Before collecting any item of evidence, take measurements using triangulation or the coordinate method and record. 4. Collect perishable evidence first. Perishable evidence such as fresh blood, blood-stained objects, physiological stains and tissue, or biological material shall be collected only by a trained evidence technician who shall arrange to submit the material to a lab. 5. If the immediate destruction of evidence is not a concern, work through the scene systematically, collecting in a logical sequence, trying to avoid disrupting other items of evidence.

Answer 152

The officer who collects the evidence shall choose a container suitable to the type of evidence for packaging. Considerations in choosing the proper container include: a. The size and weight of the item. b. Whether the item is moist or wet (which could rot or deteriorate if packaged in plastic or an airtight container for an extended time). c. Avoid any contamination of evidence by packaging all items separately. d. Pack the item to minimize interior movement within the package. e. Seal the package with evidence tape and sign across the seal. f. Label the exterior of the package before placing the evidence within it.

Answer 153

No officer shall, under any circumstances, personally retain custody of any found or confiscated weapon. ii. Officers bringing weapons into custody shall inspect them to ensure their safe storage. All firearms shall be unloaded before storage. iii. The recovering officer or investigator shall check all confiscated or found weapons against NCIC/TCIC files.

Answer 154

When a rapidly deteriorating item of evidence has been collected (for example, a liquid sample of semen, a blood-soaked shirt), it shall be transported to the forensic laboratory the same day, if at all possible. 2. Any time an officer transports a perishable item to the laboratory for immediate analysis, the laboratory shall be called first so they will be ready to receive it. 3. In cases where immediate transport to the forensic lab is not possible, air dry (no more than one week) and transport to lab. 4. Where appropriate, submit known specimens of evidence so that comparisons can be made. The investigating officer shall be responsible for obtaining any required known specimens and submitting them, along with the items of evidence, to the forensic lab for analysis and comparison.

Answer 155

It is the policy of the Balch Springs Police Department to provide secure temporary holding cells for prisoners awaiting interrogation, arrest processing, and transfer to the county jail or other administrative procedures and to maintain these facilities in a sanitary and safe manner. Normal operations will limit a detainee’s stay to less than 72 hours if they are to be filed on in County or District Court.

Answer 156

Access to the holding facility is limited to authorized personnel. Non-essential personnel that are allowed access to the holding facility ensure their presence does not violate a detainee’s privacy, impede facility operations or hamper the gathering of information to be used in court. Non-essential personnel are prohibited from entering the holding facility unless in emergency situations. Juveniles are prohibited from entering the facility at any time a prisoner is being held or is present. (TBP: 10.04) 2. Any person, other than sworn members of the department, public safety officers, or communications personnel, who enter the facility, will be accompanied by a sworn member, public safety officer, or communications member while in the holding facility

Answer 157

Detainee records are kept confidential unless release is required by law. Officers and Communicators are permitted to respond to inquiries regarding whether or not a specific person is being held, on what charges, and the bond amount if any. Officers and Communicators are permitted to answer inquiries regarding the various options of how an individual may be visited or released.

Answer 158

An Emergency Evacuation Diagram is posted in the Book-in area. b. Emergency Exit signs are posted above the Exit Doors

Answer 159

On every shift, the oncoming Shift Supervisor or PSO ensures that an inspection of the Holding Facility has been completed. Fire alarm systems, emergency lighting systems, cell door operation and overall safety and security of the holding facility will be visually inspected. Any defective equipment or facility issue will be brought to the attention of the Chief of Police or his designee immediately. This inspection will be documented in RMS as a Jail Shakedown call for service. 2. The Holding Facility Supervisor conducts routine inspections of the holding facility and booking area at least monthly, recording the appropriate information to document the activity. The inspection includes, but is not limited to, the following: a. Cleanliness b. Adequate Supplies c. Adequate food d. Fire Alarm system operational (tested) e. Video and audio monitors operational f. Fire extinguisher access and initials and dates the inspectors tag. g. Pest/Rodent Infestation

Answer 160

Officers typically do not enter a cell with a prisoner. Occasionally there will be certain circumstances that will require police officers to enter an occupied cell, these circumstances may include, but are not limited to the following: a. A fight between prisoners, b. To check on an ill or injured prisoner, c. To prevent a prisoner from injuring himself or others, or d. To prevent a prisoner from damaging property.

Answer 161

There is one master key to the cell block area available to personnel in the holding facility. This key is maintained in a lock box located in the jail office. 2. There is no additional master key issued to individuals PSO shall maintain this key on their person while on duty. 4. A fire box containing a second set of individual keys for the cells is located in communications office and the jail office. These are for use only in emergencies.

Answer 162

Prior to placing an arrested person in an unoccupied holding cell the cell is searched for contraband and weapons. The officer making the inspection immediately reports the finding of any weapons or contraband to their immediate supervisor. 2. Prior to release and after the detainee has been removed from the cell, the cell is searched for contraband and or weapons, if the only detainee. The detainee is also required to remove any trash from the cell and clean any intentional damage or mischief. Officers will also have the prisoner place the mattress with the other mattresses and place the blanket in the dirty blanket container.

Answer 163

In the event of an attempted escape from the holding facility, the following measures are taken to thwart the attempt: a. The communications section monitors the close circuit television which displays activity in the holding/booking facility. b. If a person is attempting to escape, with or without an officer present, the communications operator follows the below procedures in sequential order: i. An immediate alarm is broadcast over the police radio. The patrol supervisor, and other resources as directed by that supervisor, responds immediately to the station to prevent the escape and/or assist the officer involved; and ii. The communication operator announces the escape attempt on the internal intercom system of the facility, if other Officers are present in the police department. c. All available personnel respond and make every attempt to prevent the escape. 2. Officers attempting to prevent the escape may use what force is necessary, and provided for by State law in order to prevent the escape.

Answer 164

handled by the arresting Officer and at least one other person until the detainee is placed in a cell; b. be segregated, if possible; c. remain under strict, close audio and video supervision with hourly physical checks, and d. be detained in the holding facility only until transfer can be made to a facility equipped to provide care for such persons or until their condition improves. e. locking belt or chair restraints may be used to temporarily restrain a violent or suicidal prisoner.

Answer 165

If the child is detained and transported to the police building, they are only detained in the area designated for Juvenile offenders as approved. Under no circumstances is a child who is in custody placed or allowed access to the adult holding facility or left unsupervised. All children held at the police facility remain out of sight and sound of adult prisoners. 2. A child who is being held for a status offense is not to be detained in a secured area or any locked room. Status offenders are held in a non-secured area, out of sight and sound of adult prisoners.

Answer 166

Arrested persons will surrender all personal property that is on their person. An itemized inventory of the property is made by the booking officer and printed for signature of the arrestee. The property is then stored in a secured manner in the property lockers pending release of the arrested person. Money belonging to the prisoner is counted in front of the prisoner and in sight of the video camera. 2. Officers will take extra precautions to ensure that all items are taken from a prisoner that could be used to harm the prisoner or others or those items which could be used as weapons against officers or other prisoners. These items include but are not limited to heavy work boots, shoe laces, high heeled shoes, and belts. 3. To lessen the opportunity for contraband to be concealed or for a prisoner to harm themselves, each prisoner is only allowed to wear one layer of clothing not including underclothing.

Answer 167

The holding facility is not intended for or equipped to handle arrestees who require immediate or sustained medical attention. Therefore: No prisoner shall be booked into the holding facility or otherwise held for interrogation or other purposes that have injuries or illnesses that require hospitalization or attention of a health care professional. This includes obvious cases of injury or illness as well as situations in which arrestees: a. suffer from extreme alcohol intoxication or possible drug overdose; b. exhibit symptoms of severe mental disorder, or 2. If the severity of medical conditions is unclear or if a prisoner requests medical attention, the officer shall have an ambulance dispatched to evaluate the prisoner.

Answer 168

If a detainee has been tested by intoxilyzer and the results register one or more times at or above 0.25 % blood alcohol content, the detainee is transported without delay from testing site to nearest medical facility. Transportation may be made by ambulance if there are any signs of distress. 6. If the detainee has not been tested by intoxilyzer or other means and there are signs of distress or psychosis caused from alcohol or other drug the detainee will be transported to the nearest medical facility. 7. The detainee may no be processed into holding facility until after cleared to be held by a Medical or Mental Health provider.

Answer 169

Upon completion of the booking process the booking officer will print a copy of the arrested person’s arrest report, which contains a booking photo. The prisoner will then be placed in a detention cell and the appropriate information noted on the board. The arrest report and booking photo will be used at time of release for positive identification.

Answer 170

All subjects arrested and booked in the Balch Springs jail shall be fingerprinted using the Adult Fingerprint Information System (AFIS). a. Any class B misdemeanor or higher charge, originating though this agency, will be submitted as a criminal arrest (CAR) through AFIS. b. Any class C misdemeanor arrest or any warrant arrest from other agency will be submitted as a two finger look up (TFLU).

Answer 171

All individuals detained will have current booking photographs taken. 1. One frontal view 2. One profile view 3. Any tattoos or other identifying marks

Answer 172

Upon completion of the booking process, the booking officer directs the arrested person to the most available holding cell. Each cell is separate and contains four bunks with no sight or sound activity available between male and female cells. At no time is a male and female placed together within a single cell. 2. Seventeen year old adults are placed in separate cells from other adults. 3. Before an arrested person is placed into an empty cell a search of the cell is conducted.

Answer 173

Prior to accepting prisoners from other agencies, either as temporary housing due to overloading of their facility, or for a warrant, the booking officer ensures the following: a. Positive identification of the detainee b. Positive identification of the officer delivering the prisoner .Requesting officer required to provide telephonic or written confirmation of the reason for the incarceration. (Copy of Offense report, arrest report, warrant and bond information if any) d. Ensuring an offense has occurred and authority for arrest exists.

Answer 174

Violent felony offenses and family violence misdemeanors that have a request for an emergency protective order may be transported to necessary medical facilities and guarded until released and returned to jail or a remote booking in completed at Dallas County Jail and custody turned over to Dallas County or Bond is made. 2. Non-Violent felony and misdemeanor offenses may be released on “medical release” due to medical reasons by an on-duty supervisor. Arrested persons charged with class C warrants may be released by a supervisor with a court date if they have not been arraigned. Arrested person can also be released with a “medical release.” A “medical release” form is to be completed and signed by the arrested person. The arrest person is advised that they have six (6) hours to return to the Balch Springs Jail upon being released from the medical facility or they will be filed on for escape. 3. If an arrested person is detained on another agency’s charge, that agency is contacted and advised to release charges and reissue warrants.

Answer 175

Prisoner’s medications will be maintained in a designated area in the jail office. 2. Persons may be administered medications under the following conditions: a. The medication is prescribed or required. b. The name on the prescription is the arrested person. c. The medication dosage is followed. 3. If medications are required, the timing of such medications will be provided on the medication log sheet, which is maintained in the booking office. When a prisoner is scheduled for a medication, the on-duty PSO or an officer will dispense the medication according to the label on the container.

Answer 176

All individuals detained have the right to be advised of their rights by a magistrate, informed of the charges against them, and have bail set. 2. Communications personnel prepare Arraignment Packets: a. Class B Misdemeanors and higher: i. Arrest/intake reports ii. Magistrate’s warning iii. Warrant and Probable Cause affidavit b. Class C Misdemeanors: i. Arrest/intake reports ii. Magistrate’s warning iii. One judgment sheet per charge iv. Complaint form (on view arrest only) v. Probable cause affidavit (on view arrest only) 2. The Magistrate normally arrives and begins review of the Arraignment packets to determine if probable cause exists to hold the individual for trial. The Communications personnel call the PSO or an officer to assist with arraignment.

Answer 177

Cash Bonds - Cash bonds are accepted on both City and County Charges according to the bond amount set by the magistrate. On city warrants, the defendant may pay a bond or the fine. 2. Attorney Bonds - Surety bonds may be accepted. 3. Writs - Writs for release of prisoners are accepted

Answer 178

All cells have telephones in the cells for use by detainees. Officers should ensure detainees understand the usage of the telephones. Should detainees be unable to properly use the telephone in the cell, a PSO or an officer should attempt to lead them through the process. 2. Should a detainee abuse the telephone by making harassing telephone calls or calls to a crime victim, the telephone in the cell may be turned off and future calls made under officer supervision. 3. All telephones are turned off during arraignment procedures and then turned back on after the magistrate has finished

Answer 179

Attorneys are permitted access to these persons at any time, 24 hours per day with officer availability. If an attorney elects to confer confidentially with their client the officer remains just outside the booking area.

Answer 180

Visitation days and hours are set by the operations section commander, subject to officer availability. Nothing restricts the inclusion of additional visitation times based upon officer availability. Visits are limited to 10 minutes. When the PSO is not on duty on visitation days, visitation may be canceled due to the fact that an officer’s responsibility is response to calls for service. Visitation is only allowed when officers are available. 4. Visitors check in with the Communications Section. Visitors are required to provide a valid photo identification containing: Name, date of birth, and address. All visitors are checked through TLETS prior to visiting.

Answer 181

All arrested persons require daily nourishment. The public safety officer or district officer assures adequate meals are provided three (3) times per day to the arrested person. Meals should be at or around 6:00 am, 12:00 (noon) and 6:00 pm. Meals shall be documented in the records management system (RMS) as a “Jail Meal” call for service.

Answer 182

Proper documentation, collection, preservation, and submission of physical evidence to forensic laboratories may provide the key to a successful investigation and prosecution. Through evidence located at the scene, suspects are developed or eliminated, investigative leads are established, and theories concerning the crime are substantiated or disproved. The purpose of Property and Evidence Management is to maintain those property items coming into the possession of the department in such a manner as to secure them from theft, loss, or contamination, and to maintain them for easy retrieval as needed.

Answer 183

The primary duty of the Property Custodian is to log, classify, store, dispense, destroy, and release property and evidence to its rightful owner, for court presentation and/or for destruction or auction. Additional duties include, but are not limited to the following

Answer 184

The Property Room is maintained as a secure location. Access to the Property Room and all other temporary or long-term property storage areas is restricted to the Property Custodian and alternate Property Custodian. All other entry into the property room by any person is noted in the Property Room entry log and is escorted by the Property Custodian at all times.

Answer 185

One key is required to open the main property room door and other storage facilities. The Property Custodian and alternate are the only individuals with the key. 2. Duplicate keys to property storage facilities are kept in the key box located inside the office of the Chief of Police. The duplication or unauthorized possession of keys to secured property storage areas is strictly prohibited. 3. Property room personnel may not relinquish property room keys, combinations, or alarm codes to anyone other than authorized personnel. 4. When Property Custodians leave their assignment, the Chief of Police or his designee ensures that all locks, combinations, and codes are changed. 5. New locks are installed in the event that a key is lost or security is otherwise compromised.

Answer 186

Evidence is property that comes into the custody of a police department employee when such property may tend to prove or disprove the commission of a crime, or the identity of a suspect pursuant to an official criminal investigation. Evidence or assets seized for forfeiture are handled in the same manner as other evidence.

Answer 187

Found Property is property of no evidentiary value, which comes into the custody of an agency employee, and whose rightful owner may or may not be known to the finder or the department. Due diligence must be exercised to discover the rightful owner. If the owner cannot be located, the Department will dispose of the property in a time and manner prescribed by law.

Answer 188

Safekeeping is property of no evidentiary value surrendered to an employee of this agency for temporary custody. This arrangement comes with the understanding that the person surrendering the property has the legal right to do so, and that the property will be returned to the rightful owner(s) at the end of a specified period, unless disposition by the Department, in a manner prescribed by law, is requested by the owner(s).

Answer 189

The police employee accepting property documents the details upon taking property in to the Department. That report contains a description of the item, along with all other pertinent details of how the item came into possession. The report must also include complete information on the person who found the property and from whom it was seized or recovered.

Answer 190

All employees make the appropriate inquiries to NCIC/TCIC on all serialized or identifiable items collected or seized prior to placing the item into storage. This determines if the property is reported stolen or otherwise entered into the statewide system. The Communications Section verifies all "hits" prior to confiscating the item. After verification, a communications operator sends the "locate" information. 3. The offense and property report reflects the status of the property items. The report also indicates that a "locate" was sent to the originating agency. It is the originating agency’s responsibility to update the TCIC information from stolen to recovered status.

Answer 191

Evidence Bags and boxes serve as the primary method for submitting property for storage. A listing of the case number, date, location, applicable names, description of property and officer's name and ID number properly identify the property and its origin. b. Chain of Custody Form submitted with each property container (bag, box, etc), tracks the movement or release of the item. c. Property Tag. Officers affix a property tag securely to items that do not fit into evidence bags or boxes. This tag designates the case number, date of submission, and name and ID number of the submitting officer.

Answer 192

This form serves as the sole method for logging cash money into the property room. Cash is defined as coin and/or currency. Checks, credit cards or other negotiable items do not require the use of a money envelope. The Property Custodian does not accept money not packaged or logged appropriately, according to the following procedures: i. Itemize money by denomination, listing subtotals and total amounts. All money logged into the property room requires at least two officers or employees to verify the count. iii. All money envelopes must contain at least two signatures verifying the amount listed and enclosed. The entering officer and verifying officer sign their names and ID numbers to the front of the envelope and seal the envelope with tamper-proof security tape. Both then initial the back of the envelope prior to entering it into the property locker. For accuracy, conduct two separate counts on large amounts of cash.

Answer 193

The Property Receipt Form serves as a receipt for property taken into custody and documents the release of property to other entities. The Property Release Form also authorizes the release of property. No property is released without a completed Release Form.

Answer 194

Officers who seize or recover property and are able to determine ownership in the field may release the property immediately to the owner, with the approval of the on-duty supervisor, if the physical property is not needed for prosecution in a criminal case.

Answer 195

All collected property is marked for identification and packaged to avoid contamination by the initial officer receiving the property or evidence. A Property Packaging Manual is provided to ensure proper packaging of items. 2. When unable to mark the exhibit itself (such as in the case of stains, hair, blood, controlled substances, etc.), place the item in a vial, envelope, container or other suitable package, then seal and mark the container. 3. There are a variety of containers and materials for use in packaging physical evidence and other property. Officers strive to use the size and type container appropriate for the type of property. An assortment of packaging materials and supplies for this packaging along with the Packaging Manual are located in the patrol section and investigations section. The Property Custodian is responsible for maintaining property packaging and storage supplies. 4. Always package FIREARMS, MONEY AND CONTROLLED SUBSTANCES separately from other property or evidence items. Firearms Evidence - The collection of firearms is appropriate for both criminal and non-criminal cases. Due to the very nature of these items, extreme care is taken to ensure the safe handling of the weapon and preservation of its evidentiary value. a. Firearms: NEVER PLACE A LOADED FIREARM INTO AN EVIDENCE STORAGE LOCKER. Exception: Officers who cannot unload

Answer 196

Itemize all monies by denomination and quantity on the approved money form before placing it into a property locker.

Answer 197

Package jewelry items individually in an envelope, box, bag, or other suitable container as appropriate.

Answer 198

All bicycles or portions thereof, retained by police services are placed in the sally port area. Different levels of security for the storage of bicycles may be utilized dependent on the property classification of the bicycle (Evidence vs. Found Property).

Answer 199

Motor vehicles requiring retention are stored at the approved impound storage facility. Small motorized scooters are stored in the sally port. Note: Vehicles may be temporarily stored at the police facility while being processed during a crime scene search with the keys held in dispatch.

Answer 200

License plates are the property of the Department of Motor Vehicles (DMV) from the state of jurisdiction. The public is permitted to use the license plate when the annual fees have been paid. License plates maintained as evidence are logged into evidence. Officers attempt to return found license plates to their owner. If that is not feasible, the officer logs the plate into property. The Property Custodian is then responsible for returning the plates to the owner or destroying the plates.

Answer 201

The following types of property and evidence are stored separately and according to the listed guidelines. Other miscellaneous types of property may be stored separately as the Property Custodian determines. 1. Firearms a. The Property Custodian stores all firearms in containers (boxes) specifically designed for handgun, rifle and/or shotgun. Exceptions can be made for those weapons which, due to size or other considerations, are not compatible for storage in such containers. b. The Property Custodian segregates all firearms from other types of property retained. All firearms, REGARDLESS OF PROPERTY CLASSIFICATION, are stored inside the property room. NEVER store ammunition with firearms. All ammunition is stored in the ammunition bin.

Answer 202

The Property Custodian stores undeveloped film canisters separate from other types of evidence the Department retains. b. Upon an investigator's request, the Property Custodian transports film and negatives to a private vendor for processing. c. The investigator submits a Property Form and enters the prints into evidence. A set of prints remain with other items associated with the case. The investigator may retain a separate set of prints as a working copy during follow-up. After finishing, the investigator forwards the prints to the District Attorney as a part of the case file, or destroys them.

Answer 203

A court order is required for the release or disposal of property seized pursuant to a search warrant. 2. Court action involving all suspects must be final and the District Attorney’s Office must approve the release. 3. All evidence or property collected in homicide cases is stored until the death of the defendant(s) or 99 years from the date of incident

Answer 204

The investigating officer or the Property Custodian attempts to determine and contact the owner(s) of found property. Officers call that person instructing them to contact the Property Custodian to schedule an appointment and claim their property. b. The owner has 90 days to establish ownership and claim the property.

Answer 205

The Property Custodian destroys controlled substances and narcotic paraphernalia after receiving authorization for such disposal. b. If a controlled substance is evidence in a criminal case filed with the District Attorney, destruction may not take place until the case is disposed and authority for disposal is given by the prosecutor assigned to the court. This authorization may be verbal and noted on the Request for Disposal form. Other controlled substances may be disposed of summarily by the department.

Answer 206

Found property of value not claimed within 90 days is subject to auction. Stolen or embezzled property is subject to auction if unclaimed by the owner after notification of a 90-day limit to reclaim the item. 2. Unclaimed property, not governed by statute, after being held 90 days from the date the owner was notified to claim the property, is subject to auction, destruction, or diversion to department use.

Answer 207

Unclaimed property may be auctioned by the City or may be auctioned by a private company contracted by the City.

BS General Orders Flashcards

Corporal Exam (231 cards)