Malicious Injury to Property
(1) Except as otherwise provided in subsection (2) of this section, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person's marriage, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor.
(2) A person is guilty of a felony, if:
(a) The damages caused by a violation of this section exceed one thousand dollars ($1,000) in value; or
(b) Any series of individual violations of this section are part of a common scheme or plan and are aggregated in one (1) count, and the damages from such violations when considered together exceed one thousand dollars ($1,000) in value.
Resisting and obstructing officers
Every person who wilfully resists, delays or obstructs any public officer, in the discharge, or attempt to discharge, of any duty of his office or who knowingly gives a false report to any peace officer, when no other punishment is prescribed, is punishable by a fine not exceeding one thousand dollars ($1,000), and imprisonment in the county jail not exceeding one (1) year.
It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, or national origin, to:
(a) Cause physical injury to another person; or
(b) Damage, destroy, or deface any real or personal property of another person; or
(c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.
Tests of Driver for Alcohol Concentration/Drugs
(1) Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004, Idaho Code, and to have given his consent to evidentiary testing for the presence of drugs or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been driving or in actual physical control of a motor vehicle in violation of the provisions of section 18-8004, Idaho Code, or section 18-8006, Idaho Code.
(2) Such person shall not have the right to consult with an attorney before submitting to such evidentiary testing.
(7) "Actual physical control" as used in this section and section 18-8002A, Idaho Code, shall be defined as being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving.
(10) A person who submits to a breath test for alcohol concentration, as defined in subsection (4) of section 18-8004, Idaho Code, may also be requested to submit to a second evidentiary test of blood or urine for the purpose of determining the presence of drugs or other intoxicating substances if the peace officer has reasonable cause to believe that a person was driving under the influence of any drug or intoxicating substance or the combined influence of alcohol and any drug or intoxicating substance. The peace officer shall state in his or her report the facts upon which that belief is based.
DRE Testing for Drugs
(3) If the results of the test requested by a police officer show a person's alcohol concentration of less than 0.08, as defined in subsection (4) of this section, such fact may be considered with other competent evidence of drug use other than alcohol in determining the guilt or innocence of the defendant.
Transportation of alcoholic beverages
(1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment.
(2) No person in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, or wine as defined in section 23-1303, Idaho Code, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119, Idaho Code. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004, Idaho Code, and an infraction for other individuals violating this section.
Unlawful manufacture, traffic in, transportation, and possession of alcohol beverage.
Except as authorized by title 23, Idaho Code, any person who shall have in possession, manufacture, transport, purchase, sell, or dispose of any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of a misdemeanor.
Dispensing to a person under the age of twenty-one years
Any person who is eighteen (18) years of age or older who shall sell, give, or furnish, or cause to be sold, given, or furnished, alcohol beverage, including any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years shall be guilty of a misdemeanor.
Eviction of Motel Guests.
(1) A hotelkeeper shall have the right to evict a guest who has failed to pay his hotel bill when due. Before such eviction may occur, demand for payment of the bill must be made and the guest must be requested to leave if the bill is not paid. If the guest fails to pay the bill after such demand, the hotelkeeper may evict such guest by locking the door to his room, removing said guest's baggage and other personal property, or by any other peaceful means. The hotel shall have the right to hold said baggage and other property as hereinafter provided.
(2) A hotelkeeper also shall have the right to evict a person, whether or not such person is [a] guest of the hotel, who:
(a) Is under the influence of alcohol, drugs or any other intoxicating substances;
(b) Is disorderly so as to disturb the peace of other guests;
(c) Seeks to use the hotel for any unlawful purpose;
(d) Seeks to bring property into the hotel which may be dangerous to other persons (such as firearms, explosives or hazardous or toxic substances) or the possession of which by such person is unlawful;
(e) Destroys, damages or defaces property of the hotel or its guests or threatens to do so;
(f) Would cause or permit any hotel room to exceed its maximum allowable occupancy as established by the hotelkeeper; or
(g) Refuses to abide by reasonable standards or policies established by the hotelkeeper for operation and management of the hotel.
(1) Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving.
(3) Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator's conduct is slight. Every person convicted of inattentive driving under this section shall be guilty of a misdemeanor.
Removal of stolen vehicle
(1) Any authorized officer, upon discovery of a vehicle reported as stolen and not recovered, may take the vehicle into custody and cause it to be taken to and stored in a suitable place, or may cause the vehicle to be placed in the custody of a tow truck operator, all expenses of towing and storage to be those of the vehicle owner unless otherwise determined according to the provisions of section 49-1805(5), Idaho Code.
(2) Within forty-eight (48) hours, excluding weekends and holidays, of the time that the vehicle is taken into custody and is stored pursuant to this chapter, the agency of which the officer is an agent shall give written notice by certified mail to the registered and legal owners of the vehicle, if known. The notice shall state:
(a) That the vehicle has been taken into custody and stored; and
(b) The location of storage of the vehicle.
Mental Health Detention Without Hearing
(1) No person shall be taken into custody or detained as an alleged emergency patient for observation, diagnosis, evaluation, care or treatment of mental illness unless and until the court has ordered such apprehension or, that a person may be taken into custody by a peace officer and placed in a facility, or the person may be detained at a hospital at which the person presented or was brought to receive medical or mental health care, if the peace officer or a physician medical staff member of such hospital has reason to believe that the person is gravely disabled due to mental illness or the person's continued liberty poses an imminent danger to that person or others, as evidenced by a threat of substantial physical harm; provided, under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses. For purposes of this section, the term "peace officer" shall include state probation and parole officers exercising their authority to supervise probationers and parolees. Whenever a person is taken into custody or detained under this section without court order, the evidence supporting the claim of grave disability due to mental illness or imminent danger must be presented to a duly authorized court within twenty-four (24) hours from the time the individual was placed in custody or detained.
Arizona vs. Gant
United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.
California vs Chimel (Lunge Rule)
The Court reasoned that searches "incident to arrest" are limited to the area within the immediate control of the suspect. While police could reasonably search and seize evidence on or around the arrestee's person, they were prohibited from rummaging through the entire house without a search warrant. The Court emphasized the importance of warrants and probable cause as necessary bulwarks against government abuse.
Solicitor License Required
No person shallengage in the business of a peddler or canvasser within the city without first obtaining a permit and license. Individual vendors who are participating in events or exhibitions sponsored by a person or entity separate and independent from any vendor are not required to obtain a permit or license.
Business License Required
No person shall engage in any business or activity in the city for which a license fee is imposed by this article, without first having obtained and being a holder of a valid and subsisting license to do so.
Curfew Violation under 16yoa
No minor under the age of sixteen (16) years shall be upon any public place or any private place open to the public between 0000-0500 hours.
Leaving Child Under 10-years-old Unattended
No person shall leave unattended in a standing or parked motor vehicle a child under the age of ten (10) years.
Discharge slingshot, missiles, projectiles
No person shall shoot, throw, sling, fling, hurl or cast any shot, bullet, lead slug, rock, stone, pebble or missle with or by the use of slingshot, sling, flip or any instrument. ~ Archery not included
Loitering on School Property
No person found loitering on school property in the city during the school year or any other time when student activity is in progress shall refuse to disperse or vacate such place when requested to do so by any police officer.
(a) No person shall make any noise(s) or excessive or unnecessary sound(s) which disturbs, injures or endagers the comfort, convenience, repose, health, peace, safety and welfare of any other person.
(b) No person on the premises of a restaurant, bank, bar, tavern, theatre, business, public parking facility, or other parking or drive-in facilities are offered and extended tothe public shall not: race the engine, bring to a sudden start or stop any motor vehicle, or commit any other act whereby the quiet of the premises or the neighborhood, or any person, is disturbed.
(c)(2) Operation of a radio, musical instrument, phonograph, television set, tape recorder or other machine producing sound in such a manner as to be plainly audible to a law enforcement officer at a distand of fifty (50) feet is a violation of this section.
Excessive Noise - Tires
(d) No person shall operate any automobile, bus, truck, motorcycle or other motor vehicle in such a manner as to cause any squeeling, screeching or other such noise from the tires.
(a) As used in this section, these terms shall have the following meanings:
(1) “Authority having jurisdiction” means the Lewiston fire department.
(2) “Fireworks” means any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States Bureau of Explosives. The term “fireworks” shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (0.25) of a grain or less of explosive substance.
(3) “Nonaerial common fireworks” means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.
(4) “Permit” means an authorization given by the authority having jurisdiction pursuant to section 24-9 of this code.
(5) “Special fireworks” means any fireworks designed primarily for display and classified as special fireworks by the United States Bureau of Explosives or designated as UN 0335 1.3G.
(b) No person in the city shall possess fire or discharge any fireworks other than nonaerial common fireworks. Nonaerial common fireworks may be possessed and discharged during the times that nonaerial common fireworks may be sold at retail, as provided in section 24-9 of this code; provided, however, that the fire marshal may permit the public display by responsible persons or organizations of fireworks of such character and in such location as in the fire marshal’s judgment shall not be hazardous to surrounding property or endanger personal safety as defined by Idaho Code, Section 39-2605.
(c) It shall be unlawful for any person, except in compliance with this section, to:
(1) Alter any fireworks;
(2) Throw any fireworks from, into, or at a moving vehicle or at any person;
(3) Sell or use any fireworks at any time not permitted under this chapter;
(4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the county commission or authority having jurisdiction; provided, that notice of such areas is given in advance.
(d) The parents, guardians or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor.
(e) Any person using or possessing fireworks in violation of the provisions of this section or any rules issued hereunder is guilty of a misdemeanor punishable as provided in section 1-7 of this code. Possession and/or the use of fireworks prohibited by this section is hereby declared a public nuisance and a threat to public safety and any such fireworks may be confiscated by the Lewiston police department or the Lewiston fire department. (Ord. No. 4578, § 2, 5-14-12)
No person shall consume any beer, wine, liquor or any other alcoholic beverage or have in his possession any open container or receptacles containing such on any public parks, grounds, streets, alleys, sidewalks, right-of-ways, or public areas open to the public.
Post-Traumatic Incident Procedures
To provide guidelines that shall be uniformly applied following any officer-involved incident that has resulted in death or serious bodily injury, in order to minimize the chances that involved personnel will develop or suffer from post-traumatic stress disorder.
Law enforcement duties can often expose officers and support personnel to mentally painful and highly stressful situations that cannot be resolved through normal stress coping mechanisms. Unless adequately treated, these situations can cause disabling emotional and physical problems. It is understood that each person handles stressful incidents in a different way, but it has been found that officer-involved incidents resulting in death or serious bodily injury to a citizen or a fellow officer may precipitate such stress disorders. Therefore, it shall be the policy of the Lewiston Police Department to take immediate action after such incidents to safeguard the continued good mental health of all involved personnel.
A. Post-Traumatic Stress Disorder: An anxiety disorder that can result from exposure to short-term severe stress, or the long-term buildup of repetitive and prolonged milder stress.
B. Officer-Involved Incident: A line-of-duty incident where death or serious bodily injury to an officer or other person is involved.
A. Handling of Officers at Scene of Incident:
1. A supervisor shall be dispatched to the scene of the incident and shall assume responsibility in providing care for involved personnel.
2. The supervisor shall make appropriate arrangements for all necessary medical treatment.
3. During any period where the involved officer is required to remain on the scene, but has no immediate duties to fulfill, the officer shall be taken to a quiet area away from the scene of the incident. A supportive friend or officer should remain with the officer(s), but should be advised not to discuss the details of the incident. Officers should make only reassuring and supportive comments to the officer.
4. The supervisor should arrange for the officer(s) directly involved in the incident to leave the scene as soon as possible and be taken to a quiet setting.
5. Where possible, the supervisor shall briefly meet with the involved officer(s).
a. Caffeine or other stimulants or depressants should be discouraged unless administered by medical personnel.
b. Only minimal, preliminary questions should be asked about the incident. The questions should be directed to locations or identification of suspect(s) and security of the scene. The officer(s) should be advised that a more detailed briefing will be conducted at a later time.
c. Any standard investigations that will occur concerning the incident should be discussed with the officer(s).
d. The officer(s) should be advised that the City Attorney may be consulted at any time, if the incident is such that legal counsel may be needed. If the officer(s) desires counsel other than the City Attorney, the officer(s) may consult with other legal counsel at the officer(s) own expense. If the officer(s) desires the City to pay for the expense of legal counsel other than the City Attorney, the officer(s) should make a request through the Police Chief.
e. The officer(s) should be advised not to discuss the incident with anyone except the City Attorney, Assistant City Attorney, private attorney, union representative, departmental or authorized investigator until the conclusion of the preliminary investigation.
6. The supervisor shall determine whether the circumstances of the incident require that the officer(s) duty weapon be taken for analysis. Where the duty weapon is taken, the supervisor shall:
a. Take custody of the weapon, if required, in a discrete manner and;
b. Replace it with another weapon as soon as possible, or advise the officer that it will be returned or replaced at a later time, as appropriate.
7. Involved officers should notify his/her families about the incident as soon as possible. If an officer is unable to do so, a designated department member should personally notify the family, and arrange for transportation, if necessary.
8. At all times, when at the scene of the incident, the supervisor should handle the officer(s) and all involved personnel in a manner that acknowledges the critical nature of the incident.
B. Post-Incident Procedures
1. If circumstances of the incident requires, involved personnel shall be removed from the line duties but shall remain available for any necessary administrative investigations.
2. Depending on the incident, all officers directly involved may be required to contact an agency designated specialist for counseling and evaluation as soon as practical after the incident. All officers directly involved in a shooting incident should, as soon as practical, be offered professional counseling. Involved support personnel should also be encouraged to contact such specialists after an incident. After the counseling sessions, the specialist will be asked to advise the Chief of Police, or his/her designee;
a. Whether it would be in the officer’s best interest to be placed on administrative leave or light duty, and for how long;
b. What will be the best-continued course of counseling.
3. The department strongly encourages the families of the involved officer(s) to take advantage of available counseling.
4. Any department investigation of the incident shall be conducted as soon and as quickly as practical.
5. The department should brief other members concerning the incident so that rumors are kept to a minimum.
6. All personnel involved in the incident should be advised that he/she should not speak with the media about the incident. Officers and other personnel shall refer inquiries from the media to the designated department public information officer, unless otherwise authorized to release a statement pertaining to the incident.
C. Daily Stress Recognition
1. As post-traumatic stress disorders may not arise immediately, or the officer(s) may attempt to hide the problem; each department member should watch for unusual behavior after the incident. If unusual behavior is observed, a supervisor should be notified.
2. The Chief of Police or his/her designee may order an officer to seek assistance or counseling from a mental health specialist upon a reasonable belief that stress may be disrupting the officer’s job performance.
Internal Affairs Procedure
This procedure is established to ensure that complaints against members of the department will immediately, thoroughly and impartially be investigated in order to:
A. Maintain public confidence in the integrity and propriety of department members.
B. Clear any member who is improperly accused.
C. Correct an errant member.
D. Institute disciplinary action, when appropriate.
A. A complaint, which requires the use of this procedure, is any allegation of misconduct on the part of a department member by another member of the department, other agency, or any citizen which alleges:
1. Violation of any law.
2. Violation of any department order.
B. Exceptions to the use of this procedure:
1. Complaints and inquiries regarding department policies and procedures. Such complaints will be immediately accepted by any member of the department and reported via memorandum through the chain of command to the Chief of Police for evaluation and resolution.
2. Complaints and inquiries of a minor nature received by an on-duty supervisor that meet the following conditions:
a. The complaint or inquiry can be resolved satisfactorily on a shift level basis by a first-line supervisor in a timely manner.
b. Such option and resolution is fully explained to the complainant and a more formal resolution is not desired.
c. The Section Commander is briefed on circumstances and facts surrounding the complaint and final resolutions, and notes are recorded by the supervisor sufficient enough to prepare a formal report if so required in the future.
III. RECEIVING AND REPORTING COMPLAINTS FROM OUTSIDE THE DEPARTMENT
A. Every member of the department has the responsibility to:
1. Immediately and politely accept a complaint made by any person at any time. The only exception will be complainants who are obviously intoxicated or display greatly impaired judgment. Such persons will be advised to recontact the department.
2. Inform the complainant that the matter will be investigated. No remarks will be made as to the results of the investigation or to discourage cooperation by the complainant.
3. Request the complainant’s name, address, residence and business telephone number as well as that of any witnesses. Inform the complainant that this information will assist in the investigation and permit the Chief of Police to inform him/her of the result. If a complainant does not wish to provide this information, it will in no way affect the course of this procedure.
4. Complete the department complaint form (Appendix A) and attach copies of any related material such as department reports or complainant’s letters.
B. In the event that the department member who is first contacted by a complainant is not a supervisor, he/she shall refer the complainant to an appropriate supervisor.
C. The complainant involved in the incident will be given a copy of the document explaining the resolution of complaints against police employees. (Appendix D) After he/she have reviewed the document he/she will be asked to complete the Personnel Complaint Worksheet, (Appendix E) acknowledging the truth of the facts and details through a sworn and notarized statement. Failure to comply with this request will be so noted on the document by the member present. The complainant will be given a copy of the worksheet.
IV. INITIATING A COMPLAINT WITHIN THE DEPARTMENT
A. Any member of the department who has cause to believe that another member has acted in a manner seriously contrary to the public interest or the good reputation or operation of the department by violating a law or department order will complete the department complaint form or will immediately notify his/her supervisor with details of the incident. The supervisor will determine the course of action and submit it to the accused member’s Section Commander, and if warranted, a complaint will be filed.
If the accused is a command officer, the department complaint form will be submitted directly to the Chief of Police.
B. A member initiating a complaint against another member, or who notifies his/her supervisor verbally, will prepare a memorandum containing all necessary facts and forward the memorandum to his/her supervisor with a copy to the Section Commander.
V. INVESTIGATION OF COMPLAINTS
A. If a complaint against a member of the department alleges serious misconduct:
1. The member who records the complaint will request the complainant to remain or make him/herself available for immediate interview by the accused member’s supervisor or Section Commander.
2. Upon notification of the complaint, the Section Commander or officer in charge will interview the complainant and complete a preliminary report (memorandum) to be attached to the department complaint form.
3. If necessary, the Section Commander or officer in charge will take necessary and appropriate corrective action.
4. The officer in charge will notify the accused member’s Section Commander of the charges. If the member’s Section Commander is not available, then notify the appropriate Division Commander or Chief of Police.
5. As soon as possible, the officer in charge will deliver the complaint to the accused member’s Section Commander. The Section Commander will hand carry the complaint to the Chief of Police for review and assignment of an “IA” number and entry in the master complaint log. (Appendix B)
B. If the complaint does not involve misconduct as described in Section V., Subsection A.; the member who records the complaint will give it to his/her supervisor for dissemination.
1. For unresolved complaints, the officer in charge may begin a preliminary investigation. The officer in charge will notify the accused member’s Section Commander of the complaint. The Section Commander will forward the complaint to the Chief of Police.
C. The Professional Standards Unit will normally conduct the investigation of a complaint. The Professional Standards Unit, with the approval of the Chief of Police, may assign additional personnel to the investigation if the nature of the complaint warrants such assignment.
D. The Master Complaint Log will be maintained by the Chief of Police. The following information will be recorded on the log:
1. “PSI” Number (“PSI - Current Year - Next Number in Sequence) Example: PSI 88-1.
2. Date complaint was received.
3. Accused members name.
4. Complainant’s name.
5. Final adjudication.
E. The log shall be securely maintained and its contents will only be released on the approval of the Chief of Police.
F. All department internal investigations will be conducted by the guidelines established in the Lewiston Police Department Rules; 400.020 (Internal Investigation/Employee Bill of Rights), 400.030 (Allegation of Non-Criminal Misconduct), 400.040 (Allegation of Criminal Misconduct); S.E.I.U. Contractual Agreement and the City Personnel Policy.
1. During the course of the investigation, members being investigated are prohibited from contacting the complainant except in the normal course of duties, or unless so directed. Once a complaint has been logged and assigned by the Chief of Police, the complainant will be contacted by the assigned investigator. Those individuals involved in the investigation, i.e. complainant, member under investigation, witness, potential witness, anyone with knowledge, etc., are prohibited from discussing the investigation in any manner, form or forum.
2. Members being investigated will normally be notified by the assigned investigator that he/she is being investigated and will sign the complaint form indicating he/she acknowledges that a complaint has been lodged.
3. The Chief of Police or his/her designee will notify the Union by certified mail and the Chief Steward, or in his/her absence, the first vice-president.
4. The only exception would be a criminal investigation or those which involve current or on-going conduct which is considered to be an extremely serious violation of department rules or regulations and such notification would significantly hamper a successful investigation.
VI. REPORTING ON INVESTIGATIONS AND FINDINGS
A. The Professional Standards Unit should provide the Chief of Police with a progress report within seven (7) days of the date the complaint was received and each seven (7) days thereafter until the investigation is completed. A completed investigation will be returned on or before the assigned completion date unless an extension has been granted by the Chief of Police.
B. Upon completion of the investigation, the Professional Standards Unit will fill out the Final Disposition Report (Appendix C) except the portion titled (Action Taken Relative To Complaint). The Professional Standards Unit will include this document in the I.A. File and will provide the accused member’s Section and Division Commander with the documentation of the investigation for their review.
1. The Division Commander will return the file, with recommendations, to the Chief of Police within four (4) business days, or will request additional information from Professional Standards, and in this case will return the file within eight (8) business days to the Chief of Police.
C. These reports are confidential and no member will have access to these reports unless specifically approved by the Chief of Police.
D. Based on facts included in the report, the investigation must indicate whether or not a law or department order was violated. One of the following findings will then be made by the Professional Standards Unit for each specific allegation citing the specific law or department order which was violated.
1. Unfounded - The allegation is false or not factual.
2. Exonerated - The alleged incident occurred, but was lawful or proper.
3. Not Sustained - There is insufficient evidence to prove or disprove the allegation.
4. Sustained - The allegation is supported by sufficient evidence to substantiate the allegation.
E. If the allegation is sustained, the Division Commander will recommend action to the Chief Of Police.
F. If the findings are “Unfounded, Exonerated, or Not Sustained”, no record of the investigation will be placed in the member’s personnel file. It is to be clearly understood that only a fully investigated and clearly proven “Sustained” allegation may result in disciplinary action or any record in the accused’s personnel file.
G. Written notification will be given to any accused member of the complaints final disposition and will be signed by the Chief of Police. The Chief of Police will notify the member’s Division Commander of the discipline decision.
VII. DISCIPLINARY ACTION PROCESS
A. The Chief of Police will notify the Union by certified mail and the Chief Steward, or in his/her absence the first vice-president, following notification of the member of any pending IAC or disciplinary action in writing. Notification will be made by the Chief of Police or his/her representative and will include the member’s name.
B. The Chief of Police will follow disciplinary proceedings as outlined in the City Personnel Policy.
VIII. FILE SECURITY
All files of complaint investigations will be retained under security of the Chief of Police. The files will include original documents pertaining to the investigation.
IX. RELIEVING A MEMBER FROM DUTY
A. Section 1203 - City of Lewiston Personnel Policy
1. The City Manager or any Department Manager may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in Section 1202, Causes for Disciplinary Action.
2. The City Manager may suspend an employee for cause from the employee’s position at any time, pending the result of disciplinary action.
3. A Department Manager may delegate to supervisory employee(s) the authority to relieve an employee of the employee’s duties in emergency situations, pending further action by the Department Manager.
4. A Department Manager may suspend an employee under the employee’s supervision for not more than three (3) working days at any one time without the approval of the City Manager. Written notice of suspension shall be given an employee within three (3) working days after such action. An employee may appeal such action in the manner provided in, Disciplinary Actions, of this policy.
Suspensions, demotions and discharges will appear on a department personnel order. In the event the complaint has come from outside the department, the complainant will be notified in writing that action has been taken by the Chief of Police, or his/her designee.
Any accused or disciplined member may appeal discipline in accordance with the City Personnel Policy or the Collective Bargaining Agreement.
XII. EXPUNGEMENT FROM PERSONNEL FILES
A disciplined member may petition the Chief of Police after a period of three years to have any record of the disciplinary action removed from the member’s personnel file if the action did not document a suspension or loss of pay.
Consumption Of Intoxicating Beverages On Duty
During the course of special investigations, department personnel involved in situations that require the consumption of intoxicating beverages to enhance his/her credibility and/or not arouse suspicion. The following guidelines will be followed in regards to consuming intoxicating beverages in the performance of duty.
Minimum Staffing Levels
A. Watch # I (Day Shift)
1. No less than four (4) officers will be scheduled on each day of the week.
B. Watch # II (Swing Shift)
1. No less than four (4) officers will be scheduled to work each day.
2. Six (6) officers will be formed from a combination of Watch # II and Watch # III officers during the overlap of Watch # II and Watch # III.
C. Watch # III (Graveyard)
1. Six (6) officers will be formed from a combination of Watch # II and Watch # III officers during the overlap of Watch # II and Watch # III.
2. No less than four (4) officers will work each day of the week after Watch # II ends.
Juvenile Detention Procedure
a. Juveniles arrested of any misdemeanor or felony crimes as defined in specific Idaho Code, can be detained at the Detention Center, except those juveniles charged as adults, or status offenders without a valid court order.
1) For purposes of the definition of status offenders, runaway juveniles shall not be detained at the Detention Center without a valid court order, unless they are from a foreign jurisdiction.
a) Foreign jurisdictions shall be defined as any youth who does not reside within the boundaries of the State of Idaho.
b) For in-state status offenders from out of the area, contact Court Services for assistance in maintaining a watch on the juvenile until responsible party can respond.
b. Juveniles committed to detention by order of the court will be detained at the Detention Center.
c. Juveniles who have committed a probation violation will not be held at the Detention Center without a court order.
d. Juveniles under the influence of intoxicants or drugs will not be held at the Detention Center, except those juveniles suspected of misdemeanor or felony crimes defined in specific Idaho Code. In those instances, a medical certification of fitness for detention, completed and signed by a licensed physician, shall be presented to staff at the Detention Center prior to admission.
e. Juveniles suffering from mental illness will not be held in the Detention Center, except those juveniles suffering from mental illness who are suspected of misdemeanor or felony crimes defined in specific Idaho Code. In those instances, a mental certification of fitness for detention, completed and signed by a licensed mental health examiner, shall be presented to staff at the Detention Center prior to admission.
2. Detaining Officer Procedure
a. The detaining officer shall make a diligent effort to contact the juvenile’s parents/responsible adult and notify them of the juvenile’s status. And where appropriate, the officer shall make any and all reasonable efforts to release the said juvenile to their parents/ responsible adults custody, providing the community can be ensured that it is reasonably safe from the offender.
b. When possible, the officer should call the appropriate probation officer of the juvenile (if on probation) and notify them of the status of the juvenile and the circumstances surrounding the case.
c. If the officer determines the juvenile being detained is a candidate for detention, they shall contact the Detention Center via telephone as soon as possible
d. If the juvenile is to be placed in detention, the officer will transport the juvenile to the Detention Center.
e. The above noted procedures shall be completed by the detaining officer prior to the transport of the juvenile to the Detention Center.
3. The detaining officer shall supply the Detention Center with information to assist the detention center staff in filling out the Information Sheet (a state requirement) upon admission of the juvenile to the facility. The officer shall complete the appropriate blanks in the Agency Request portion of the form, and sign and date it. (Appendix A)
4. Fingerprinting and Photographing of Juveniles
Juveniles who have been contacted for committing a misdemeanor or felony crime, can, in certain instances be taken to the police department to be fingerprinted and photographed. This can be done whether or not the juvenile meets the criteria for being taken to the Juvenile Detention Center, but the officer sees the benefit of having the juvenile’s picture and fingerprints on file.
The Officer will take fingerprints of the juvenile using the fingerprint area near the evidence area of the station. The officer will use one fingerprint card. The officer taking the fingerprints will fill out the fingerprint card completely before turning it over to the evidence section to be processed. Fingerprint cards will be turned over to the property custodian via the evidence transfer area. These will then be sent to ISP for processing and filing. The photograph of the juvenile will be taken in the designated area. The photograph of the juvenile will be two pictures looking directly at the camera. This photograph should be from approximately the shoulders up. The photographs will be saved to a flash drive or similar device or emailed and given to the Computer Specialist, with the juveniles name and/or name number attached. The Computer Specialist will download the photographs into Spillman.
Officers who have brought a juvenile to the station to be fingerprinted and photographed will attempt to make contact with the juvenile’s parents or guardian as soon as the process is completed. The juvenile will then be released to the responsible adult or detained at the Juvenile Detention Center, as soon as feasible. The juvenile will not be left unsupervised at the station for any reason.
Officers will document in their report that they brought the juveniles to the station to be fingerprinted and photographed.
Processing DUI Suspects
Drunk Driver: Any person who is driving or in actual physical control of a motor vehicle with a blood alcohol level in excess of the statutory limits set forth in Idaho Code or under the influence of alcohol, drugs, or other intoxicating substances.
A. Once probable cause for the continuance of the investigation is established, the officer will stop the vehicle and contact the driver. If the driver exhibits indications of intoxication, the audio recorder, if available, will be actuated.
B. Based upon the observations, the officer will then require the driver to perform field sobriety tests to allow a determination of whether or not to arrest the driver. The following tests, unless circumstances do not allow them, will be given in this order:
1. Horizontal Gaze Nystagmus
2. Walk and Turn
3. One Leg Stand
Additionally, officers may require other test(s), such as; reciting the alphabet, counting backwards (using at least 20 numbers), finger to nose, etc. or any other test the officer is comfortable in administering, when circumstances dictate.
C. If the officer decides to make an arrest, the suspect will be handcuffed, searched and placed into the patrol unit.
D. The driver will be transported to the Nez Perce County Annex, Intoxilyzer Room, for the administration of the evidentiary test requested by the officer.
E. If a breath test is to be offered, the officer will conduct a visual check to assure that nothing foreign is in the suspect’s mouth. The officer will record the time from the Intoxilyzer on the instrument printer card.
F. The ALS Advisory Form will either be read to the subject or the audio CD will be played, and the officer will attempt to answer questions. The form does not have to be read verbatim, but the person should be substantially informed of the information on the form. If the subject agrees to evidentiary test(s), the first choice should be breath. The CD is provided in either English or Spanish.
1. Two breath samples should be obtained. If the suspect provides only one valid sample, it is a legal test and does not constitute a refusal.
2. If the suspect does not provide a sufficient breath sample, the officer should inquire if the suspect suffers from a physical condition which prevents him/her from successfully completing the breath test. If so, the officer should request blood (unless the suspect demonstrates a fear of needles), then the third option is urine.
3. If a urine test is administered and the sample is for alcohol analysis only, the officer shall have the subject “void” (empty bladder), wait the necessary time (approximately twenty minutes) collect a sample and submit it for analysis.
Note: When collecting urine for the analysis of inhalants or other drugs, it is not necessary to perform a “void” and any initial urine sample that is collected may be used for analysis.
G. Upon completion of the testing procedure and the person is determined to be legally intoxicated; or who submits to a blood or urine test; or who refuses to submit to the requested test, they shall be incarcerated in the Nez Perce County Jail.
a. Persons arrested for DUI who are under the age of eighteen will be released to a parent, guardian or responsible adult or as a last resort, will be placed in the Juvenile Detention Facility.
b. Persons arrested for DUI who do not have a blood alcohol level over the legal limit; and no competent evidence exists to establish use of drugs or other intoxicating substances will be released. They will be provided transportation to their vehicle or other local destination.
c. A person that is hospitalized as a result of an accident or injury, or a person that the jail facility will not accept should be issued a complaint and summons, released to a responsible person or allowed to remain at the treating facility.
H. A written report will be completed which may include; narrative, supplemental(s), 18-8002 Advisory, Alcohol Influence form, Rights Warning, Citation, Probable Cause forms and the Intoxilyzer print out, in addition to any other necessary forms not yet determined.