Use of Force
It is the policy of this department that officers shall use only that amount of force that reasonably appears necessary, given the facts and circumstances perceived by the officer at the time of the event, to effectively bring an incident under control. “Reasonableness” of the force used must be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any interpretation of reasonableness must allow for the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving about the amount of force that is necessary in a particular situation.
A. Deadly Force: - Any use of force that is likely to cause death or serious physical injury.
B. Non-Deadly Force: - Any use of force other than that which is considered deadly force.
A. Parameters For The Use Of Deadly Force:
1. An officer may use deadly force only when the officer reasonably believes the action is in defense of human life, including the officer’s own life or in defense of any person in immediate danger of serious physical injury.
a. Reasonable belief is defined as: When facts or circumstances the officer knows are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances.
b. Serious physical injury is defined as: A bodily injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in long term loss or impairment of the function of any bodily member or organ.
2. Before using deadly force, and where feasible, police officers should identify themselves and state his/her intent to shoot.
3. Fleeing felons shall not be presumed to pose an immediate threat to life unless circumstances demonstrate an immediate threat to or wanton disregard for human life. Only when the conditions listed in Section A.1. are met can deadly force be used pertaining to fleeing felons.
4. Officers shall not fire their weapons at a moving vehicle except when occupants of the vehicle are using deadly force against the officer or another person and there is no alternative means of protecting life.
5. Firing from a moving motor vehicle is not authorized unless the officer is being fired upon; or, in the defense of themselves or any person who faces an immediate and clear threat of serious physical injury.
6. Firearms should not be discharged when it appears likely that an innocent person may be injured, unless the officer reasonably believes that failing to do so will result in a greater threat to human life than firing.
7. Except for maintenance or during training, police officers shall not draw or exhibit his/her firearm unless circumstances known to the officer at the time of the incident create a reasonable belief that it may be necessary to use the weapon in conformance with this policy.
8. Warning shots are prohibited.
9. A police officer may also discharge a weapon under the following circumstances:
a. During range practice or competitive sporting events.
b. To destroy an animal that presents a threat to public safety.
10. Whenever any member of the department discharges a department issued firearm, discharges a privately owned firearm authorized for use by the department in a law enforcement capacity, other than those listed in 9a above, he/she will contact his/her immediate supervisor if this occurs on duty, or contact the on duty Field Operations Supervisor if the member is off duty. The supervisor will then notify a Command Officer and an inquiry will occur. The results of the inquiry will be documented in a written report.
B. Parameters For Use Of Non-Deadly Force:
1. Where deadly force is not authorized, officers should assess the incident in order to determine which non-deadly technique or weapon will best de- escalate the incident and bring the incident under control in a safe manner.
2. Officers are authorized to use department approved non-deadly force techniques and issued equipment for resolution of incidents, as follows:
a. To protect themselves or another from apparent threat of physical harm; or,
b. To restrain or subdue a resistant individual; or,
c. To bring an unlawful situation safely and effectively under control.
d. OC spray/Taser should not normally be used on prisoners who are properly handcuffed or secured for transportation in the patrol unit. However, in extreme situations where a prisoner cannot be brought under control even after being handcuffed and/or secured and other means cannot bring the prisoner under control, OC spray/ Taser may be used to assist in gaining control of the prisoner.
e. The Taser should not normally be used on young children or pregnant females, except, in extreme situations where the person cannot be brought under control without escalating the use of force.
C. Training, Qualifications And Authorization:
1. While on and off duty, officers shall carry, for police purposes only, firearms and ammunition authorized by and registered with the department. (As noted in Firearms Policy 1.06)
2. Authorized firearms are those with which the officer has qualified and received departmental training on proper and safe usage, and that are registered and comply with departmental specifications.
3. The department shall schedule regular training and qualification sessions for duty, off-duty and specialized weapons. These sessions will be graded on a pass/fail basis.
4. An officer shall not be permitted to carry any primary firearm with which he/ she has not been able to qualify during the most recent qualification period.
5. An officer who has taken extended leave or suffered an illness or injury that could affect his/her use of firearms will be required to re-qualify before returning to enforcement duties.
6. The following issued less lethal weapons are authorized:
a. Side Handle Baton
b. Collapsible metal baton
c. O.C. Spray
d. Less lethal devices
Examples: Bean Bag Rounds
7. An officer shall not be permitted to use any of the above firearms, non-deadly or less lethal devices until they have received training and shown proficiency on the proper use of each device. Newly hired officers will be given a copy of the Use Of Force Policy and Firearms Policy and will read and review them with their Field Training Officer.
8. In a life threatening emergency situation, an officer may employ non-issued items or weapons available at the scene of the emergency. Non-issued items carried on duty for use as weapons, unless provided for in this policy, are prohibited.
D. Reporting Uses Of Force:
1. A written report detailing the use of force circumstances and results according to departmental procedures will be required and completed as soon as practical by all officers involved after a use of force incident involving an actively resistant suspect.
2. Use of force reports will be filled out by the on-duty supervisor as soon as practical after a use of force incident an actively resistant suspect. The computer log printout of Taser use shall be included with the Use Of Force Report when applicable. This report and all other written reports pertaining to the incident will be forwarded to the Chief of Police via the chain of command for his/her review. (Appendix A)
3. A supervisor will be immediately summoned to the scene in the following situations:
a. When a firearm is discharged outside of the firing range, in the performance of police-related duties.
b. When a Use Of Force is employed to bring an incident under control involving an actively resistant suspect, whether there are any injuries or not.
c. When a subject complains that an injury has been inflicted by the actions of a Lewiston Police employee. If the injury is visible, a photograph should, if possible, be taken of the affected areas.
d. A canvas of the area or neighborhood should be conducted, if necessary. The on-duty supervisor will make the determination if the canvas must be done immediately, or if a short time delay would be less intrusive on our citizens based upon the time of night or day.
Persons arrested by members of the department shall be handcuffed. If practical, officers shall handcuff (double lock) all prisoners with his/her hands behind his/her back. Discretion may be exercised by the officer under exceptional circumstances. It is each member’s responsibility to provide safe custody for a prisoner, especially when handcuffed. Officers are authorized to use their discretion to handcuff persons not under arrest when to do so is reasonable and necessary given the circumstances, taking into consideration protection of the public, officer safety and the preservation of a crime scene. The specific reason for handcuffing a person not under arrest shall be documented in a detailed police report.
E. Departmental Response:
1. Deadly Force Incident
a. When an officer’s use of force causes death or serious bodily injury, the officer may be placed on leave with pay. An examination by a psychologist or other mental health professional may be required, at the city’s expense.
b. An investigation of the incident shall be conducted in conjunction with the City Attorney’s Office, when necessary.
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.
Compensation for Overtime Work
A. To establish a procedure for the processing and accounting of all overtime hours.
B. To establish a procedure for requesting time off.
C. To establish a procedure for the mutual trading of shifts between employees.
D. To provide the Administrative Secretary and the Finance Department of the City of Lewiston with current overtime/compensatory and vacation information.
This directive applies to each member of the department and is in addition to those related procedures contained in Section 316 through 318 of the City of Lewiston Personnel Policy.
A. Overtime Payment, Compensatory Time Accrual and Directed Time Off(DTO)
1. These requests shall be completed and submitted as soon as possible after the overtime hours have been worked so that up-to-date documentation and records may be maintained.
2. An employee requesting overtime payment, compensatory time accrual or directed time off must complete the Overtime PaymentCompvacation/DTO Time Request Form (Appendix A). The completed request shall then be submitted to the employee’s supervisor for approval.
3. Supervisors, after reviewing a request and ensuring that it is correct and complete, should approve the request by signing the same.
4. Supervisors who deny a request for overtime payment compensatory accrual, or DTO will return the form (Appendix A) to the employee with an explanation concerning the reason(s) for the rejection. (This may simply be handwritten on the form.)
5. The supervisor approving the overtime payment, compensatory accrual or DTO time requests will submit the request to his/her Section Commander. The Section Commander will sign the request and submit the request to the Administrative Secretary for further processing.
B. Vacation/Comp Time Off
1. All requests for time off will be made on the Overtime payment/Comp, Vacation, /DTO time request form. (Appendix A)
2. Employees making a request for time off shall submit the request to his/her supervisor for review and approval/disapproval. When a supervisor approves such a request, he/she shall record the time off to be taken in the particular work schedule in which the employee is listed. The supervisor will then submit the request to his/her Section Commander. The Section Commander will submit the request to the Administrative Secretary for further processing.
3. Supervisors who deny a request for time off will return the form (Appendix A) to the employee with an explanation concerning the reason(s) for the rejection. (This may simply be handwritten on the form.)
C. Cancellation of Pre-Approved Vacation/Comp Time Off
When an employee has reason to cancel his/her pre-approved vacation, comp time, or DTO, , and the Appendix A form has been submitted to the Administrative Secretary, the employee will notify his/her supervisor and the Administrative Secretary of his/her cancellation intentions by a Memorandum or via email as soon as possible.
D. Record Keeping
After receiving a properly approved request for payment of overtime, the Administrative Secretary will calculate the correct amount of hours to be credited to the employee. The rate of payment/accrual will correspond with that determined by the City of Lewiston Personnel Policy or by any labor agreement under which the employee may be covered.
E. Scheduled Shift Trades
1. Employees wanting to make a shift trade must complete the Shift Trade Contract (Appendix B) and submit to his/her supervisor responsible for scheduling or his/her designee. In Field Operations, both employees will submit the Shift Trade Contract to his/her respective supervisor. Either supervisor can deny the shift trade and will return the form to the employees wanting to make the shift trade. In Investigations and Communications the supervisor can deny the shift trade and will return the form to the employees wanting to make the shift trade.
2. Traded time off will be paid back (worked) within 30 days of original trade.
3. Trade time will not be approved if any member would work more than 15 consecutive hours.
4. Trade time will not be approved if any member would ultimately work more than seven (7) consecutive days.
5. Trade time will not result in additional pay or overtime liability to the city.
6. Vacation or Comp Time is not allowed to be used in lieu of working on the days that are being traded. If the employee calls in sick and the agreement is not met, the member not fulfilling the trade will be charged with sick leave.
7. A copy of the Shift Trade Contract will be forwarded to the Administrative Assistant upon final approval.
News Media Release Policy
A. Release of Information to News Media
1. It is the policy of the Lewiston Police Department to maintain a cooperative relationship with the media to provide information of interest to the public consistent with protection of legal rights of involved individuals, and to provide information as required by laws regulating public access to official information. A positive police/media relationship is our primary goal.
2. The purpose of this policy is to establish guidelines to be followed in the issuance of press releases or release of information to the news media on law enforcement incidents only. Further, it is intended for the purpose of providing consistency in terms of format and style when press releases are prepared.
B. Press Releases
1. When an event occurs which is likely to generate community or media interest, consideration should be given to the issuance of a press release. Press releases may be issued by the investigating officer, a supervisor or staff members of the department.
a. A press release log (Appendix A) will be maintained in the “Press Release Log” folder on the desktop in the schedule folder.
b. Any member who issues a press release will request a press release number (02-01, 02-02, etc) from the on-duty communications specialist. The communications specialist will search the “Press Releases” folder to find the next number to be used.
c. The Investigating officer, supervisor or staff member will type the press release using the format as shown in Appendix B and save it to the “Press Release” folder and notify the on-duty communications specialist that it is ready to be processed.
d. The on-duty communications specialist will send an email to the distribution group in the address book titled “Press Release”. The email should have the completed and saved press release as an attachment.
e. The on-duty communications specialist will print a copy of the press release for the incident.
f. The on-duty communications specialist will enter the necessary information in the “Press Release Log” and save the file by hitting “save as” and use the beginning date of each press release log. (For example: if the first entry on the Press Release Log is on January 1, 2012 then the “save as” file will be 01-01-12 Press Release. That date will continue to be used until the log page is filled up then a new page will be started with it being saved to the new date
g. Press releases will be emailed to:
1) City Manager
2) City Attorney
3) Chief of Police
4) Division Commanders
5) Section Commanders
6) Technical Corporal
7) Media As Requested
C. Release of Information
The Investigations Section Commander/Supervisor will ensure that a timely release of pertinent information is provided to the media concerning ongoing or completed criminal investigations.
D. Public Information Officer – Major Incidents
1. The Public Information Officer (PIO) will be the Support Services Division Commander. In the absence of the Support Services Commander, the PIO should be another Command Staff member. In this instance, the media will then be directed to obtain official information through the acting PIO.
2. When the Public Information Officer is not immediately available the ranking officer at the scene of an incident shall act as the media representative for the Department until the PIO arrives.
E. Other Incidents of Interest to the Media
Department members may provide factual information to the media on reported incidents.
F. Information Which May be Released to the Media
1. Arrested person’s name (if an adult), age, residence, and sex. A photograph of an adult arrested person may be provided to the media.
2. Originating source of information for the action, either citizen’s complaint, officer initiated, warrant and the substance or text of the charge and statutes violated; date, time, and location of arrest, and property value stolen if appropriate.
3. The length of the investigation and present status, either active or concluded.
4. The immediate circumstances surrounding the arrest including any acts of resistance on the part of the arrestee.
5. Photographs, composites, physical descriptions or names of suspects may be released to the media to assist law enforcement in locating the suspect(s).
G. Information Which May Not Be Released to the Media
No member of the Department shall release any information pertaining to another agencies arrest, pending case, or investigation; an exception to this rule may occur when the Chief of Police or his/her designee prepares a press release of an arrest, pending investigation or investigation involving members of the Quad Cities Drug Task Force.
H. Allowing Media to Enter Area of an Incident or Crime Scene
Police lines may be established to prevent persons from entering the area of an incident or crime scene. Dependant upon the tactical situation and the likelihood of jeopardizing police operations, members of the news media may or may not be allowed in these areas. Authorization for entry is normally dependant upon the judgment of the supervisor present. While members of the media may be permitted in the area of a crime scene or a serious incident, they do not have the authority to be within an area that has been secured to preserve evidence, or at any location where their presence jeopardizes police operations, or on private property.
Off Duty Employment
It is the policy of the Lewiston Police Department that all employees will obtain approval from the Chief of Police before engaging in off-duty employment. (Section 1705, City Employee Manual)
A. Employment: The provision of a service, whether or not in exchange for a fee or other service.
B. Extra-Duty Employment: Any employment that is conditioned on the actual or potential use of law enforcement powers by the police officer employee.
C. Regular Off-Duty Employment: Any employment that will not require the use, or potential use of law enforcement powers by the off-duty employee.
There are two types of off-duty employment in which an employee may engage:
A. Regular Off-Duty Employment: Employees may engage in off-duty employment that meets the following criteria:
1. Employment of a non-police nature in which vested police powers are not a condition of employment; the work provides no real or implied law enforcement service to the employer and is not performed during assigned hours of duty.
2. Employment that presents no potential conflict of interest between his/her duties as a police officer and his/her duties for his/her secondary employer.
3. Employment that does not constitute a threat to the status or dignity of the police as a professional occupation.
B. Extra-Duty Employment: Police Officers may engage in extra-duty employment as follows:
1. Where a governmental entity has a contract agreement with the City of Lewiston for police services.
2. Officers will be subject to all rules and procedures of the department.
3. Officers will be expected to ask for advice from an on-duty supervisor or command officer in all circumstances of an unusual nature or about which the employee has questions.
4. Officers will be required to make any necessary reports during the course of extra-duty employment.
C. General Rules:
1. Employees will not be permitted to engage in off-duty employment eight (8) hours prior to his/her regular tour of duty to permit a reasonable period of rest time.
2. Off-duty employment will not be approved for any employee whose sick record indicates a lack of strength or stamina necessary to sustain both employments.
3. Entry-level employees will not be permitted to perform off-duty employment during his/her initial training period (i.e. Field Training Program).
4. A separate request form will be necessary for each employer, if more than one.
5. Employee must keep his/her supervisor, Division Commander and the Chief of Police informed on any change of off-duty employment status.
V. PROCESSING OF REQUEST
The Chief of Police shall receive the off-duty request (Appendix A) within five business days of submittal.
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.
Mutual Aid Agreement
Presently, we have signed mutual aid agreements with seven agencies.
A. Moscow Police Department
B. Pullman Police Department
C. Clarkston Police Department
D. Washington State University Police Department
E. Asotin County Sheriff Office
F. Nez Perce County Sheriff Office
The release of persons criminally arrested by issuance of a misdemeanor summons will be governed by the following procedures.
Under certain circumstances, persons arrested for misdemeanor charges should be released on a misdemeanor summons if certain factors are met. The following factors are used to ensure that the person will appear in court.
A. The person will stop his/her illegal action and cooperate with the officer.
B. The person has proper identification or is known to the officer.
C. The person has no prior F.T.A.’s within the past two years.
D. The Officer reasonably believes the person will appear in court if he/she is released on a promise to appear.
E. Other facts that would assist the arresting officer in determining if a summons and release is appropriate.
1. The arrested person may be transported to a facility so that fingerprints and photos may be taken prior to a complaint and summons being issued.
2. A person that is hospitalized or a person that the jail facility will not accept should be issued a complaint and summons and/or released to a responsible person or allowed to remain at the treatment facility.
3. Exceptions: Any existing law or procedure that would mandate a person be jailed or released on a summons.
a. Processing DUI suspects #2.10 – Jailing mandate
b. Domestic Violence incidents – Nez Perce County Domestic Violence Protocol – Jailing Mandate
c. Arrested persons under 18 years of age – Released to parent or responsible adult
d. Situation and circumstances that could, in the officer’s judgment, adversely affect community safety – Jailing mandate
Search & Seizure Without Warrant
It is the policy of the Lewiston Police Department that all searches and seizures will be conducted in accordance with existing laws and court decisions.
A. Search by consent – An individual may voluntarily consent to a search of his/her person, his/her property either verbally or by written consent. A third person who shares common control or authority of the premises or items to be searched may give consent to authorize a search.
1. Any person asked to consent to any search shall be informed of his/her right to refuse to consent to the requested search.
2. An individual who consents to a search may withdraw that consent at anytime, and the consent search must cease.
B. Stop and frisk – Officers may conduct protective pat down searches of persons suspected of criminal activity if he/she have a reasonable belief that person may be armed and dangerous. The officer must have articulable facts from which he/she can reasonably infer that the person may be armed and dangerous. The frisk must be limited to that which is necessary for the discovery of weapons that might be used to harm the officer or others. The search for weapons shall be limited to a pat down of the person’s outer clothing. If a suspected weapon is felt a more extensive search may be conducted to confiscate it.
C. Search Incident to Arrest
1. Officers may search a person without a warrant incident to arrest. The purpose of the search is to protect the officer, prevent escape, and discover evidence of criminal activity. The search is confined to the arrestee’s person and the area within his/her immediate control.
2. The lunge area of a vehicle may be searched incident to the driver’s or passenger’s arrest if you are looking for specific evidence of the crime for which the occupant was arrested.
D. Plain View Doctrine – Mere observation of contraband by an officer does not constitute a search within the scope of the Fourth Amendment. However, the seizure of such contraband is governed by the Fourth Amendment principles, and for the evidence to be admissible under the Plain View Doctrine:
1. The officer must have the right to be at the location from which the items were viewed;
2. No action can be taken by the officer to bring the items into plain view.
E. Open Field Doctrine/Curtilage
1. Curtilage has been defined as the land and buildings surrounding a dwelling, generally including buildings used for domestic affairs. Curtilage is afforded the same Fourth Amendment protection as the home when it is directly related to the residence.
2. Legitimate Expectation of Privacy – The determination of whether Fourth Amendment protection will be extended to items seized from the curtilage or open fields focuses on whether the person challenging the search has a legitimate expectation of privacy in the place which was searched.
F. Exigent Circumstances – Exigent Circumstances are defined as emergency circumstances, including when a suspect is fleeing or instrumentalities of a crime are being destroyed. Under these circumstances, if an officer has probable cause to believe that evidence of a crime will be found and it is not practical for the officer to obtain a warrant, the officer may conduct a warrantless search.
G. Automobile Exception – The courts have allowed searches of motor vehicles without a search warrant if probable cause exists that the vehicle contains contraband or evidence of a crime and the vehicle is capable of being moved.
H. Strip Searches – Supervisor approval is required prior to any strip search of a person being detained. Strip searches will only be conducted by a member of the same gender as the person searched. Only medical personnel will conduct an intrusive search into a body cavity.
It is the policy of this department that all arrests made by departmental personnel shall be conducted professionally and in accordance with established legal principles. In furtherance of this policy, all officers of this department are expected to be aware of, understand and follow the laws governing arrest.
A. Arrest - An arrest is taking a person into custody in a case and in the manner authorized by law. An arrest may be made by a peace officer or a private person.
B. Consensual Contact – Officers may approach any person and ask to speak with them while in a public setting or granted access by the person into a place defined as protected under the Fourth Amendment.
C. Probable Cause - The existence of circumstances that would lead a reasonably prudent officer to believe that a person had committed a criminal offense.
D. Reasonable Suspicion – When an officer has specific facts known to him/her which can be articulated to another that, when stated, creates a reasonable suspicion the person has or is about to commit a crime, the officer may approach and detain the individual for a reasonable amount of time. The reasonableness of a stop is determined by the totality of the circumstances confronting the officer at the time of the stop. The officer can only frisk the outer garments of the suspect when there is some indication to believe the suspect is carrying a weapon.
A. An arrest is made by an actual restraint of a person, or by his/her submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his/her arrest and detention.
B. Entering A Dwelling To Make An Arrest:
1. Warrantless Arrest: An officer must always have probable cause. A police officer shall not make a warrantless and nonconsensual entry into a suspect’s home in order to make a routine felony arrest; absent exigent circumstances.
2. Exigent Circumstances
a. An officer initiates a valid arrest in a public place and the suspect flees into private property such as a residence.
b. Fresh pursuit of a fleeing felon. An officer may not enter a residence in fresh pursuit for a warrantless arrest of person if the crime is a misdemeanor.
c. Risk of danger to the officer(s) or other persons inside or outside of the residence. (Idaho-probable cause may not be required in cases where warrantless entry is to prevent injury or to protect life.)
d. Destruction of evidence. Idaho does not permit warrantless entry into a residence to prevent the destruction of evidence if the crime under investigation is non-violent.
3. Knock And Announce
a. Warrantless arrest of a suspect is permitted where the suspect voluntarily opens the door in response to an officer’s knock.
b. Knock and announce warrant arrest is permitted if the officer waits a “reasonable” time to enter and there is an exigent circumstance.
C. When a peace officer may arrest:
A peace officer may make an arrest in obedience to a warrant delivered to them, or may, without a warrant, arrest a person:
1. For a public offense committed or attempted in his/her presence.
2. When a person arrested has committed a felony, although not in the officer’s presence.
3. When a felony has in fact been committed and he/she has reasonable cause for believing the person arrested to have committed it.
4. On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested.
5. At night, when there is reasonable cause to believe that he/she has committed a felony.
6. When upon immediate response to a report of a commission of a crime there is probable cause to believe, that the person arrested, had committed a violation of a section 18-902 (assault), 18-903 (battery), 18-918 (domestic assault or battery), 18-7905 (stalking), 39-6312 (violation of a protection order), or 18-920 (violation of a no contact order).
7. When the offense is for the following serious traffic offenses:
a. Negligent Homicide
b. Driving Under The Influence of Alcohol/Drugs
c. Failure to stop and give information on a collision resulting in death or personal injuries.
d. Failure to stop and give information in a collision resulting in damage to a vehicle, fixtures, or other property legally upon or adjacent to a highway.
e. Reckless driving
f. Fleeing or attempting to elude a police officer
8. When there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of a crime aboard an aircraft, that the person has committed such a crime.
D. When a private person may arrest.
A private person may arrest another:
1. For a public offense committed or attempted in his/her presence.
2. When the person arrested has committed a felony, although not in his/her presence.
3. When a felony has been in fact committed, and he/she have reasonable cause for believing the person arrest to have committed it.
E. Information to person arrested
The person making the arrest must inform the person to be arrested of the intention to arrest the person, of the cause of the arrest and the authority to make the arrest, except when the person to be arrested is actually engaged in the commission of, or an attempt to commit, an offense or is pursued immediately after its commission, or after an escape.
F. When an officer may arrest upon a warrant:
1. If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If the offense charged is a misdemeanor, the arrest shall not be made inside a person’s residence between 8:00 p.m. and 8:00 a.m., unless upon the direction of the magistrate, as endorsed upon the warrant, or where consent was given to enter the residence by a person with real or apparent authority.
2. If the person making the arrest is acting under the authority of a warrant, the person must show the warrant, if required.
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.
The fundamental duty of officers is the protection and safety of our community and of our citizens. This duty includes the obligation to attempt the apprehension of persons who endanger the public by taking flight to avoid prosecution. However, good judgment and common sense must be used in every vehicle pursuit, keeping in mind that it is of the utmost importance that the officer not unduly endanger the public, him/herself, other employees or the fleeing suspect. At times, the danger presented by the pursuit itself can exceed the public safety value of immediate apprehension. Under such circumstances, the public safety is paramount and the pursuit will be terminated.
A. Pursuit – An active attempt by an officer (operating a department vehicle) to apprehend an operator of a motor vehicle who, having been given a visual and an audible signal by the officer directing such operator to bring the vehicle to a stop, fails to respond to such direction and increases the vehicle’s speed, extinguishes the vehicle’s lights, or makes some other overt action designed to avoid apprehension.
It is the fleeing violator who initiates the pursuit, and the officer must make a series of decisions as whether to engage in the pursuit.
B. Emergency Operation – The act of driving a department vehicle with the emergency lights and siren in operation while in pursuit of a suspect.
C. Primary Vehicle – The patrol vehicle driven by the officer who became involved in the pursuit or another vehicle which takes the lead vehicle position.
D. Secondary Vehicle – A patrol vehicle which becomes involved in a pursuit immediately following the primary vehicle and acting as the primary vehicle’s backup.
E. Supervisor – A commissioned peace officer at the rank of Corporal, Sergeant or higher, or the most senior officer available.
F. Originating Jurisdiction – The jurisdiction of the officer driving the primary vehicle.
G. Receiving Jurisdiction – A jurisdiction which is entered by a pursuit which began in the originating jurisdiction.
H. Termination Of Pursuit – A pursuit shall terminate when the primary and secondary officer(s) turn off their emergency equipment, discontinue following the suspect and informs the Communications Center. The pursuit also ends when the suspect vehicle stops.
1. There are two basic alternatives to pursuits:
a. No pursuit (officers have the discretion not to pursue).
b. Conduct a follow-up investigation of the incident/law violation at a later time.
2. Pursuit of a motor vehicle is a very serious matter. When an officer pursues a fleeing vehicle, he/she may have a tendency to think only in terms of him/herself and the occupants of the fleeing vehicle.
3. At the beginning and during the pursuit, safety must be continually re-evaluated. It is imperative that the officer weighs the seriousness of the offense which has been committed against the hazards.
B. Continuance Or Termination Of A Pursuit
1. Officers must immediately discontinue any pursuit when:
a. The pursuit is for any misdemeanors and misdemeanor traffic violations, to include infractions;
b. The vehicle is eluding for unknown reasons;
c. The pursuing officer knows, or is almost certain, that the fleeing vehicle is operated by a juvenile and the offense constitutes a felony that did not involve an actual or threatened attack (i.e., unauthorized use of the vehicle, driving without privileges, etc);
d. When directed to do so by a supervisor;
e. The pursuit of a motorcycle, motorized bicycle, all-terrain vehicle, snowmobile, exceptionally large vehicle (semi, tanker, etc), motor home or pickup with an unsecured person or persons riding in the bed shall be terminated unless the situation would otherwise allow the use of deadly force or, that if the perpetrator is not immediately apprehended it is likely that another person may suffer death or serious bodily injury.
f. Pursuits will be terminated by any officer who has a passenger in the vehicle, other than an officer or reserve officer of the Lewiston Police Department, except in the following circumstances:
1) Sworn and armed officers of an Idaho law enforcement agency. The ride-a-long officer shall only act in life threatening situations.
2) Out of state or federal law enforcement officers who are working a specific detail with the officer.
3) The supervisor shall assign the officers who will be riding together and will make the visiting officers aware of this policy.
g. If during a pursuit an accident occurs involving any vehicle(s), the officer will either stop and check for injuries or assign an assisting unit to render aid.
2. When the pursued vehicle leaves the roadway, containment rather than pursuit should be initiated unless a violent crime is involved.
3. The department expects an officer to terminate involvement in pursuits whenever the risks to personal safety and the safety of others outweigh the danger to the community.
C. Termination Of A Pursuit
If the pursuit is terminated for any reason, the primary and secondary officer(s) will shut down all emergency equipment and discontinue following the vehicle. The officer(s) will advise the Communications Center that the pursuit has been discontinued.
1. The primary vehicle and the secondary vehicle shall have the siren and emergency lights activated throughout the pursuit.
2. When safe to do so, an officer involved in a pursuit shall notify Communications of relevant facts about the pursuit, such as;
b. Direction of travel
c. Description of fleeing vehicle
d. Reason for pursuit
f. Other relevant factors
3. The on-duty supervisor or senior officer when, a supervisor is unavailable, shall immediately be notified of the pursuit.
4. Unless expressly authorized by a supervisor, only two department vehicles shall be directly involved in a pursuit. Additional units may be assigned to assist in the pursuit if it is known that the violator has a high potential for causing death or serious bodily injury to others.
a. All other units will stay clear of the pursuit, remaining alert for its progress and location in the event they are needed to assist with traffic direction, accident investigation, foot pursuit, etc.
b. The primary vehicle and secondary vehicle may pursue the suspect outside the city, unless otherwise directed by a supervisor.
5. There shall be no bumping, ramming, blocking or boxing in the pursued vehicle unless, based on the existing circumstances, the use of deadly force would be justified.
6. Roadblocks may be used if Idaho Code 19-622 (minimum requirements in establishing temporary road blocks) is followed and the supervisor has expressly directed the use of the roadblock.
7. Officers shall not discharge a firearm at a moving vehicle unless the officer reasonably believes there exists an immediate threat of serious bodily harm and both of the following requirements can be met:
a. There is a reasonable belief that the projectile will not strike any person other than the suspect;
b. The risk of injury to others with the suspect vehicle going out of control being less than the risk of injury to others if the suspect is not captured immediately.
c. The officer shall not place himself/herself in front of a moving vehicle to create a deadly force situation.
8. Police motorcycles involved in a pursuit shall relinquish the pursuit to a marked vehicle as soon as possible.
9. Vehicles without emergency lights and siren shall not be driving in pursuit of other vehicles.
V. PURSUITS INTO ANOTHER JURISDICTION
A. Officers shall not become involved in another agency’s pursuit unless specifically authorized by a supervisor, or the emergency nature of the situation dictates the need for assistance. In these instances, all department pursuit policies are in effect.
B. If the pursuit approaches or crosses into another jurisdiction, the supervisor may, if time and circumstances allow, communicate with the receiving jurisdiction to determine if the pursuing units shall remain as assigned or whether responsibility shall shift to the officers of the receiving jurisdiction. The supervisor may make the determination to terminate the pursuit, even if officers of the receiving jurisdiction are not able to take over the pursuit.
VI. POST PURSUIT DISCIPLINE
A. The responsibility for maintaining control and directing activities at the end of the pursuit must remain with the primary officer unless relieved by a supervisor.
B. The officer of the secondary unit shall be responsible for backing up the primary vehicle and broadcasting pertinent information.
VII. SUPERVISORY RESPONSIBILITIES AT TERMINATION OF PURSUIT
A. Upon arrival at the end of the pursuit, the supervisor shall assume scene responsibility.
B. Upon notification that an accident has occurred involving the fleeing vehicle and/or a Lewiston Police Department vehicle, the Idaho State Police will be requested to investigate, or the out of state agency in who’s jurisdiction the accident occurred.
C. The Watch Sergeant shall be responsible for the submission of Pursuit Report (Appendix A) to the Patrol Section Lieutenant within two (2) days. The analysis shall include:
1. Date and time of pursuit.
2. Area covered in pursuit.
3. Primary vehicle officer.
4. Secondary vehicle officer.
5. Any additional units, if any.
6. Initial reason for pursuit.
7. Maximum speeds.
8. Information on suspected/suspect vehicle.
9. Injuries/damage, if any.
11. During the pursuit, did the actions of the involved officer conform to established department policy?
*NOTE: If a Corporal was the supervisor during a pursuit; the Corporal shall confer with the Sergeant as soon as practical, with details of the pursuit, prior to the Sergeant’s preparation of the Pursuit Report. In this situation the report shall go to the Section Lieutenant within three (3) days. The only exception to this is when the Watch Sergeant is on leave from the department, and in this case the Corporal will prepare the report.
D. The Patrol Section Lieutenant shall cause the Pursuit Report to be sent to the Chief of Police, (with a copy to the Field Operations Division Commander) for his/her review within three (3) days. The Chief of Police shall determine whether:
1. The pursuit was necessary and within departmental policy.
2. Training needs have to be changed.
3. Existing policies have to be reviewed and changed.
Transportation of Prisoners
It shall be the policy of this law enforcement agency to take the precautions necessary while transporting prisoners to protect the lives and safety of the officers, public, and the person in custody.
A. Vehicle Inspections
1. At the beginning of each tour of duty, all vehicles regularly used for prisoner transport shall be inspected for readiness as follows:
a. The safety screen shall be securely in place and undamaged;
b. All windows shall be intact, and outer door latches in proper working order;
c. Rear seat handles and window controls should be deactivated; and
d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been left or hidden within the vehicle.
e. The seatbelt system shall be thoroughly checked to insure that it is in proper working order.2. If possible, prior to placing a prisoner in the vehicle for transport, the transporting officer shall again inspect the interior for weapons or contraband. The vehicle shall be searched again after the prisoner has been delivered to the detention facility or other destination.
1. If practical, officers shall handcuff (double lock) all prisoners with his/her hands behind their back and palms facing outward.
2. The officer may handcuff the prisoner with his/her hands in front, or utilize other appropriate restraining devices where the prisoner:
a. Is it an obvious state of pregnancy;
b. Has a physical handicap; or
c. Has injuries that could be aggravated by standard handcuffing techniques.
3. Prisoners shall not be handcuffed to any part of the vehicle during transport.
4. Additional approved restraint devices may be used to secure a prisoner who violently resists arrest or who manifests mental disorders such that he/she poses a threat to himself or to the public.
a. If additional restraints are used, close and continuous monitoring during the time the person is in the officers control is required. If practical, this type of transport should involve two officers.
1) Officers should attempt to transport the person in an upright, sitting position. If this is not practical, the person will be placed on his/her side and during transportation, efforts will be made to keep them in this position or to re-adjust his/her position. The person shall not be placed or allowed to stay on his/her stomach. An officer must be aware that in a prone, secured position, it is very difficult for any individual to breathe.
2) Officers should be aware of the potential for sudden, unexpected deaths resulting from drug induced or mental excited delirium. Subjects exhibiting the following symptoms should be watched closely and may be transported to the hospital if needed.
a) Bizarre and/or aggressive behavior;
c) Unrealistic panic;
d) Unexpected physical strength; or
e) Sudden tranquility.
1. Prior to transport, all prisoners shall be thoroughly searched for any weapons, contraband or tools of escape.
a. If practical, the protective search should be conducted by an officer of the same sex as the prisoner; and
b. The transporting officer should search the prisoner, unless a search was conducted in his/her presence.
2. When transporting prisoners, the officer shall provide the communications center with the following information when possible:
a. Unit number and mileage readings before and after transport.
3. The officer should use care when assisting a prisoner into the vehicle for transport.
4. Prisoners shall be transported in the following manner:
a. When the vehicle has a security screen, but only one transporting officer, the prisoner shall be placed in the back seat on the right hand side of the vehicle when practical. When no other vehicle is available for transportation and the vehicle used to transport a prisoner does not have a rear seat or security screen, the prisoner shall be placed in the right front seat.
b. When a prisoner is being transported in a two-officer vehicle without a security screen, the prisoner shall be placed in the right rear seat. The second officer shall sit in the left rear seat behind the driver.
c. Leg restraints may be used when an officer believes the prisoner has a potential for violent behavior.
d. All non-combative prisoners shall be secured in the vehicle by proper use of a seatbelt. Violent prisoners should be seat belted in if their conduct and restraint position allows.
5. Any wheelchairs, crutches, prosthetic devices and medication should be transported with, but not in the possession of, the prisoner.
6. Prisoners shall not be left unattended. Any escape shall be immediately reported to the communications center.
Unattended Death Procedure
A. Each death reported to this office will be investigated to the point of logical determination as to being natural, accidental, suicide, or homicide.
B. Natural or Accidental
1. The officer arriving at the scene of an apparent natural or accidental death will tactfully ascertain the facts surrounding the death. This should include information such as if that person has been ill, medical history, last time seen or heard alive, and any other questions necessary to establish the circumstances surrounding the death. The officer will then brief the on-duty patrol supervisor.
2. The Investigations Section Commander shall be called with the information that is known. The Investigations Section Commander will make the decision if an investigator will respond to handle the investigation.
3. If the Investigation Section Commander feels that the death is, in fact natural or accidental, from the information learned, the officer will conduct a thorough death investigation. The investigation shall include information such as the description and position of the body, description of the scene, and photographs.
The officer arriving at the scene of what appears to be a suicide will obtain the facts surrounding the death. The officer will then brief the on-duty Patrol Supervisor. The on-duty Patrol Supervisor shall notify the Investigations Section Commander who will make the decision if an investigator will respond to investigate.
The Investigation Section Commander shall be notified and investigators will be immediately dispatched to the scene of a homicide and will assume control of the crime scene and command of the investigation.
E. Traffic Deaths
Traffic fatalities will be investigated by the MCIT Team, per Policy 2.14.
F. Additional Information
1. Where there is any question that the death was caused by criminal means, the scene will be preserved from contamination by the first officer on scene.
2. The first officer arriving at the scene of a deceased person will be responsible for the initial incident report. Additional documentation will be through supplemental reports.
3. Every member of this organization shall display the utmost in police efficiency and courtesy upon arrival at the scene of a death. At no time shall there be any conduct that would tend to be unprofessional or embarrassing to the Lewiston Police Department or its members.
4. Death notification to the nearest relative is the responsibility of the investigating officer/investigator. The notification will be made with utmost compassion and a genuine offer of assistance. Utilization of the Chaplain should be considered.
A. Primary Officer Responsibilities:
1. Respond to scene.
2. Radio arrival when several blocks away, (radio transmissions may detonate some type of explosive devices).
3. All further communications to be conducted by telephone. Officers should consider not using radios, Mobile Data Computers (MDC’s), and cordless or cellular telephones within 100 yards of a suspected location.
4. Obtain information from the person who received the bomb threat.
5. Communications personnel will notify shift supervisor and advise of situation. If circumstances merit, the supervisor will respond to the scene and assume control.
6. Communications Personnel will notify the on-duty Fire Battalion Chief of the circumstances by phone.
7. The on-duty supervisor should consider what businesses or residents in the vicinity should be contacted.
B. Steps To Be Taken At The Scene:
1. Contact the person in charge of the threatened premise/property, or his/her designee, and advise him/her of the situation. Explain to the citizen in charge of the building that it is his/her decision whether or not to evacuate the premises.
2. Should a suspect device be found:
a. Order an immediate evacuation of the building and adjacent buildings as appropriate.
b. Designate a location to which the building’s occupants will be escorted to keep them out of danger.
c. Clear the area of all persons, including police officers, except those trained for disposal.
d. Request the assistance of bomb disposal personnel
e. Have fire and ambulance personnel stand by near the scene.
f. Notify chain of command as appropriate.
g. Notify Investigation Section.
h. Conduct preliminary investigation.
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.
Impoundment Of Vehicles
A. The department recognizes that vehicles occasionally must be impounded for a variety of reasons. Further, the department has the responsibility to inventory impounded vehicles to insure protection from loss, theft, damage and to protect the officer and citizen from potential danger. Any inventory is to provide:
1. Protection of contents.
2. Protection of the department against civil claims.
3. Protection of the public and officers by determination of whether the vehicle contains any hazardous substances.
A. Non Emergency Abandonment
1. Upon receiving the initial complaint, the responding officer will use all means within reason to contact the owner and have the vehicle removed without any further involvement by the police department.
2. If the owner cannot be located and remove the vehicle, the officer will attach a 48-hour sticker upon the vehicle.
3. After placing a 48-hour notice upon the vehicle, the officer will make a report that details the attempts to contact the owner and the fact that the vehicle has been tagged.
4. The shift supervisor will review the report for completeness. The report will be routed to the Watch I Supervisor.
5. The Watch I Supervisor will hold the report until the 48 hours has elapsed, then the report will be given to the district officer to check the status of the vehicle.
If the vehicle has been moved, the officer will write a supplemental report.
6. When the vehicle has not been moved, thus making it necessary to tow, the officer will have the contracted tow service respond and take possession of (impound) the vehicle. The officer will complete the impound sheet (Appendix A). The yellow sheet will be sent to Community Programs. Community Programs has the responsibility of determining the appraisal value of the vehicle.
7. Notice of Storage and Notice of Intent to Dispose, must be completed for each registered owner and any lien holders. For those registered owners living with the same last name and at the same address, only one form is necessary.
8. Completed forms, supplemental reports or teletype printouts will be routed to Community Programs.
9. Community Programs will be responsible for mailing the necessary forms to the various named owners/lien holders, and completing the process when the forms are returned.
B. Extraordinary Circumstances Abandonment I.C. 49-1803, (1)
1. If a vehicle is abandoned under extraordinary circumstances, law enforcement may, in the discretion of the officer, direct the immediate towing of the vehicle, and may process (impound) the vehicle under the standard abandoned vehicle procedure.
2. Extraordinary circumstances include any situation where an emergency exists or public safety is endangered, or any situation in which a vehicle;
a. Is blocking or impeding traffic; or,
b. Is causing a hazard; or,
c. Has the potential of impeding any emergency vehicle; or,
d. Is impeding any snow removal or other road maintenance operations; or,
e. Has been stolen, but not yet reported as recovered; or,
f. Is not registered or displays a license plate registration tag which has been expired.
3. Extraordinary circumstances may also include situations where the vehicle has not technically been “abandoned” and yet impounding is justified for other reasons, for example:
a. The registered owner or person having responsibility for the vehicle has been arrested and no suitable agent is available or acceptable.
b. The vehicle has been forfeited pursuant to Idaho Code, Title 37, Chapter 27.
C. Inventory Of Impounded Vehicles
1. Whenever a vehicle is impounded, it is in the custody of the department until it is released to its owner, his/her agent or other authorized person. During the time it is in the custody of the department, the vehicle and its contents must be protected from loss through theft and damage from neglect or malicious injury. Re: General Order 2.13 (Motor Vehicle Inventories)
2. Whenever a vehicle is impounded, the officer who initiated the impound shall conduct a complete and thorough inventory of the interior of the vehicle to include the passenger compartment, glove box, trunk, and any other containers, whether closed or unclosed, in the vehicle. Re: General Order 2.13 (Motor Vehicle Inventories)
3. The officer shall record fully and accurately the contents of the vehicle on the vehicle impound sheet and subsequent continuation sheets. Items of inconsequential value need not be recorded. Re: General Order 2.13 (Motor Vehicle Inventories)
4. Large sums of money or any items deemed by the officer to be valuable shall be taken for safekeeping and placed into evidence pursuant to General Order 3.02 (Evidence/Property Control Policy and Procedure)
Motor Vehicle Inventories
A motor vehicle inventory is an administrative measure designed to protect motor vehicles and their contents while in police custody; to protect the agency against claims of lost, stolen or damaged property; and to protect departmental personnel and the public against injury or damaged property due to hazardous materials or substances that may be in the vehicle. It is the policy of this law enforcement agency to safeguard the above property and interests and to conduct motor vehicle inventories in accordance with the following procedures.
A. Legal Authority to Inventory
1. An authorized member of this agency may conduct a motor vehicle inventory without a warrant or probable cause when:
a. The vehicle has been lawfully seized or impounded pursuant to the arrest of the driver, or the discovery that the driver is ineligible to operate the vehicle, or for related enforcement or safety reasons as defined by city, county, state or federal law or regulations.
2. Examination of the contents of a motor vehicle pursuant to a criminal investigation or with the intent of discovering evidence of a crime is a search, not an administrative inventory.
B. Scope of Inventory
1. The contents of all motor vehicles that are lawfully seized and/or impounded by this agency shall be subject to inventory in accordance with the provisions of Section III – A of this policy.
2. An inventory should be conducted in the location at which the vehicle is seized unless limited by reasons of safety or practicality. If so, it may be inventoried at a later time and location following impoundment.
3. The owner or operator of the vehicle shall be given the opportunity, if possible, to remove valuables from the vehicle prior to impoundment. In the event that an owner or operator wishes to remove valuable items and some of them cannot physically be removed from the vehicle, the items shall be noted on the inventory and a copy shall be provided to the person or left in the vehicle.
4. A motor vehicle inventory may extend to all areas of the vehicle in which personal property or hazardous materials may reasonably be found, including, but not limited to the passenger compartment, trunk and glove compartment.
5. All closed containers found within the vehicle shall be opened for purposes of the inventory. Closed and locked containers should not be forced open, if significant damage will result, but the container can be opened by use of a locksmith or other non-damaging methods. If a key or lock combination is available, locked containers may be opened and inventoried. Questions about opening closed and locked containers should be directed to the on-duty supervisor.
C. Property Control
1. Non-evidence items of low monetary value may be left in the vehicle and under the control of the impound/storage company. Evidence or material of high monetary value shall be handled under the evidence policy. Questions about the proper handling of the items should be directed to the on-duty supervisor.
2. Control and safekeeping of hazardous materials shall be the responsibility of this agency’s designated authority.
3. Contraband, evidence and seized items discovered during the course of a motor vehicle inventory shall be deposited with the evidence custodian in accordance with procedures pursuant to General Order 3.02, Evidence/ Property Control Policy and Procedure).
NCIC Hit, Extradition & Fugitive Warrant Procedure
An NCIC teletype hit will give descriptive information concerning the wanted subject, a coded number for the type of offense, the agency placing the “want” in NCIC, etc. The investigating or requesting officer shall be immediately notified of an NCIC hit.
A. Prior to effecting the arrest, the following procedure should be followed:
1. The originating agency shall be contacted by telephone and/or send YQ to confirm the validity of the “want” and extradition requirements and also to obtain any information that may assist in positively identifying the suspect as the “wanted” suspect. An on-duty Communications Specialist shall be responsible for placing the call to the originating agency. As soon as the preliminary information is obtained, it shall be communicated to the investigating officer. If the “want” is still valid and after making the normal comparisons to determine that the subject is in fact the same one as involved in the “want”, he/she shall be taken into custody. The on-duty Communications Specialist shall then continue to obtain information that shall be recorded on the Fugitive Warrant Information Form. (Appendix A)
2. It is imperative that the suspect and the incident he/she is involved in be under control and that he/she is not placing the officer and/or citizens in any jeopardy during the time of this confirmation contact with the originating agency.
3. Upon completion of the Fugitive Warrant Information Form, request the originating agency fax our department and Nez Perce County Sheriff’s Office with warrant information.
4. Copies of the arrest report, related incident reports, the Fugitive Warrant Information Form, and related teletypes shall be routed to the Communications section for the necessary processing.
5. The previously filled out Fugitive Warrant information form shall, along with the officers reports and criminal history III, be provided to the Prosecutor’s Office.
Narcotic Detection K-9
A. Requests for the canine should be made 24 hours in advance, if possible, to accommodate the feeding and resting schedule of the canine.
B. The ultimate authority to terminate the utilization of the canine in the search procedure shall be dictated by the canine handler. The safety of the canine is the first priority when the canine is being used.
C. Any department officer may request the use of the canine during the handler’s normal duty hours with the approval of the Shift Supervisor.
D. Requests for a canine call-out from home or off duty hours will be at the discretion of the Shift Supervisor and/or the Canine Unit Supervisor.
E. Requests for the use of the canine by an outside agency will be approved by the Shift Supervisor or other command officer.
F. The canine handler is responsible for determining whether a situation justifies canine use and the appropriate measures that should be taken.
VII. DRUG DETECTION
Use of narcotic canines in a drug detection capacity is authorized in the following situations and under the following conditions:
1. The Canine Unit Supervisor and the handler shall maintain records that document the use of and proficiency of the individual canines in drug detection. This documentation shall be readily available to other department members or authorized personnel who may need it when seeking warrants.
2. Requested exploratory sniffing of luggage, packages or other inanimate objects may be conducted in public facilities such as airports, train stations, bus terminals, postal services or a parcel delivery services. These searches will only be done when there is reasonable suspicion or probable cause exists to believe that specific items contain illegal narcotics.
3. Field officers may detain specific checked luggage or related items for the purpose of requesting a canine sniff if reasonable suspicion exists and can be articulated to the satisfactions of the canine handler, but may not detain the items so long as to interfere with the owner’s scheduled travel.
4. When a narcotic canine alerts to luggage or related items, in this or other circumstances, a search warrant or consent to search must be obtained before it is opened, unless exigent circumstances exist to conduct an on-site search.
5. The use of narcotic canines in public schools is permitted only when prior arrangements have been made with a designated school official, and the Canine Unit Supervisor or command staff have given prior approval.
6. Narcotic canines may be used to sniff vehicles, aircraft and watercraft when: reasonable suspicion exists to believe the operator or passengers are in possession of illegal narcotics or illegal narcotics are contained within the vehicle.
7. Sniffing of an individual’s person is not permitted under any circumstances.
8. The residence or area that the canine is to be used must be secured prior to entry of the canine team. It is the responsibility of the officers or requesting agency for the safety of the canine team.
9. The canine handler will check for any potential hazards for the canine prior to initiating the search/sniff.
10. Any specific areas where the canine alerts to narcotics will be pointed out by the canine handler to the requesting officer.
11. It will be the requesting officer’s/agency’s responsibility to search, record, and take control of any contraband that is seized. If the search is requested by an outside agency, they will provide the handler with a lab report and incident report outlining the circumstances on the incident.
12. Should narcotics be located, the canine handler will provide a supplement report to the requesting officer/agency.
Animal Control Officer Call Out Procedure
A. Personnel Authorized To Call Out The Animal Control Officer
1. The on-duty supervisor will have the authority to call out the Animal Control Officer when the following criteria is present: a. A vicious animal, as defined by City Code 8-22, is loose and must be controlled and/or destroyed. b. An animal has injured a person and the incident requires follow-up and a prolonged investigation. c. When officers are involved in situations (other than animal complaints) leaving no officers clear to handle emergency animal complaints.
A. The Lewiston Police Department Citizen Observer Program is designed to provide Community members, the media and other interested parties with insight into the Criminal Justice System through firsthand observations. The observer will ride/observe with the officer/communications specialist observing how the officer/communications specialist handles calls for service, traffic stops and self-initiated activities with the goal of gaining a better understanding of the Police Department’s role in the community
A. The Lewiston Police Department recognizes the need for mutual understanding, respect and cooperation between the police and the citizens of the community. Within the limits of our budget, personnel and operational effectiveness, we encourage members of the community to observe our operation, facilities and response to problems referred to the police for solution.
B. Citizens will be permitted to ride with an experienced patrol officer, or observe in the communications center, as outlined in this program, and will be able to observe many of the situations that we as a department must face. We also encourage citizens to offer constructive ideas and comments that may assist us in improving our service and efficiency. This program, hopefully, will provide an avenue of communication not otherwise possible.
C. The physical safety of the Citizen Observer will be of utmost importance. Therefore, when responding to calls, host officers will weigh the potential of the hazards which may arise. In those situations presenting extreme danger, (i.e., sniper situations, man with gun calls, etc.) the citizen, unless qualified to assist, will be asked to temporarily exit the patrol vehicle at a safe location and distance from the immediate area. In situations with a potential for violence (i.e., fights, disturbances, family disputes, etc.) the citizen observer, unless qualified to assist, will be instructed to remain in the patrol vehicle.
D. It is recognized that there will be situations when compliance with the above will not be possible. In any event, host officers will use utmost discretion in ensuring the safety and physical well being of the citizen.
E. Citizen Observers are not permitted in private premises, where police are summoned to take a report, unless permission is granted by the owner or leaseholder. Under no circumstances will the Citizen Observer be permitted in private premises where a search or arrest warrant is executed, or where there is the likelihood of an arrest. (Note: Private premises include homes, businesses, and anywhere else individuals have a Fourth Amendment right to privacy).
F. All citizen observers must sign in on the Visitor Access Record Form (Appendix C).
G. All citizen observers must be escorted by authorized personnel at the police department at all times and visitors activities must be monitored.
III. APPLICANT QUALIFICATIONS
A. All applicants for this program who are 16 and 17 years of age must meet the following requirements:
1. Be an active member of an explorer scout post, and submit a letter from his/her advisor recommending the riding experience or observing in the communications center; or,
2. Be a member of a high school or college class that is studying a course or subject closely related to law enforcement. Such applicants must provide a written request for approval from his/her teacher or class instructor; or,
3. Must be referred to the department in writing by a member of the Criminal Justice System, such as a juvenile court counselor.
4. Applicants under 16 years of age will not be permitted to observe during routine patrol duties, but may, upon approval from the Chief or his/her designee, be permitted to observe during special events such as parades, escorts, etc.
5. All juveniles under 18 years of age must submit a properly notarized Lewiston Police “Release and Indemnity” form (Appendix B) signed by his/her parent or legal guardian.
B. All adult applicants will be limited to the following individuals:
1. Members of the criminal justice system such as judges, court employees, members of the Prosecuting and City Attorney’s Offices, police officers from outside agencies, elected officials from local, state, or federal governments; or,
2. Student interns, practicum students and civilian employees of the City of Lewiston.
3. Representative members of citizen and civic groups, teachers and instructors.
4. Interested citizens.
IV. FREQUENCY OF PARTICIPATION
A. Due to the limited number of department personnel and the popularity of this program, the following restrictions are necessary on the amount of participation by any one individual.
1. Scheduling Lieutenant/Supervisors in Field Operations shall coordinate Citizen Observer participation based on the number of police units available, unique community activities, or other factors, assuring that adequate solo units (units without Citizen Observer participants) are available for quick emergency responses. Scheduling supervisors in Communications shall coordinate Citizen Observer participation based on the activity level in the communications center.
2. Citizen Observer participants will normally be limited to one or two rides or Communications Center observations per year. Exceptions to this rule may include the following:
a. Members of the Criminal Justice System.
b. Employees or elected officials of the City of Lewiston.
c. Individuals obtaining special permission from the Field Operations Commander, or Chief of Police.
V. APPLICATION PROCEDURE
A. All applicants shall personally submit a written application form (Appendix A) along with a notarized “Release and Indemnity” form (Appendix B) to the Police Department five (5) days in advance of the requested date for assignment. Applications must be submitted each time an individual wishes to ride or observe. The five (5) day advance notice may be waived by the Section Commander or by the affected shift supervisor.
B. The completed forms will be sent to the respective Section Commander for proper review and processing. The Section Commander may refuse to allow participation by any individuals if it is determined that the motives for riding or observing are not in the best interest of the applicant and/or the department. Such refusal will be reported in writing to the respective Division Commander, as soon as practical and will include the reasoning for the decision.
C. The Section Commander will review each application and attempt to schedule the ride or observation consistent with the requested date and the operational needs of the department. Consideration will be given to:
1. The number of requests that have previously been approved for the week.
2. The number of times a shift has been scheduled for rides or observations during a month.
3. The length of time requested to ride or observe.
(Note: If the requested date(s) can not be scheduled, the citizen will be contacted, as soon as possible, to arrange another mutually agreeable date.)
D. If the application is approved the individual will then be contacted and advised of the assignment date, time and other details necessary for mutual convenience to both the individual and the department. The Section Commander will maintain accurate and complete records of all participants in the program including his/her application, “Release and Indemnity” form and individual comments by the hosting officer/communications specialist.
VI. COMPLETION INFORMATION
A. Upon completion of the assignment, the hosting officer/communications specialist will complete the Conclusion Section of the original application. Final remarks by the hosting officer/communications specialist are encouraged to evaluate the success of the riding or observing experience.
B. The completed application will be returned to the respective Section Commander for final review and filing.
VII. HOST OFFICERS
A. Host officers/communications specialists will normally be selected from members of the shift by the shift supervisor. Specific requests for individual officers/communications specialists will be honored, if possible. Host officers/communications specialists will normally be experienced officers/communications specialists that have completed his/her probationary period.
B. Host officers/communications specialists will be advised, if practical, that he/she will be hosting a Citizen Observer two days prior to the scheduled observation date. Such notification will be noted on the application form. (Appendix B)
VIII. SPOUSES AND IMMEDIATE FAMILY MEMBERS
A. Spouses and immediate family members are encouraged to ride or observe with officers/communications specialists to gain first-hand knowledge of the officer’s/communication specialist’s working environment. The following guidelines will be used:
1. Submit a written application form (Appendix A) along with a notarized “Release and Indemnity” form (Appendix B) to the Section Commander two working days in advance of the requested date. Applications must be submitted each time an individual wishes to ride or observe.
2. Shift supervisors may authorize a ride-a-long in extenuating circumstances on a requested day. All such approvals will be reported in writing to the Section Commander with proper justification as soon as possible after such approval is granted.
3. Any officer/communications specialist regardless of probationary status may host an observer in these circumstances.
4. Spouses and immediate family members may ride or observe a maximum of four (4) times in a calendar year. Exceptions to this rule may be authorized by any command officer.
IX. IDENTIFICATION BADGES
Citizen Observer participants will wear an identification badge. The badge will identify them as an “OBSERVER”. The identification badge will be worn at all times during the ride-a-long or observation and returned at the end of the ride-a-long or observation.
1. The badge will be worn on the front of the outermost garment.
2. Police officers/communications specialists from outside jurisdictions are not required to wear the observer identification badge.
Use of Vehicle Emergency Equipment
II. CODE RESPONSE CAUTION
Even when used properly, emergency lights and sirens can invoke a fright or panic reaction among pedestrians and motorists who, through confusion or fear, may react in unexpected ways. Because of this, officers should utilize emergency devices only where necessary and under prescribed conditions and circumstances that will minimize the risk of accident or injury to officers or the public.
A. CODE ONE: Routine response. Life or property is not threatened. Emergency lights and siren are not used. Response should not exceed the posted speed limit or fail to follow traffic control devices.
B. CODE TWO: Urgent response. Information received appears to show that life and/or property may be threatened. Emergency lights and/or siren may be used when necessary to expedite travel, in a safe and reasonable manner, based on conditions.
C. CODE THREE: Emergency response. Information received appears to indicate that life and/or property is threatened. Lights and siren are mandatory.
A. CODE TWO RESPONSES:
The Communications Specialist will inform the officer of information received from the initial call. The responding officer, based on the nature of the call or prior knowledge relevant to the particular call for service or other factors, will respond Code Two.
The officer and any other officers responding Code Two, will inform the Communications Center of the Code Two response, and from what location when practical to do so.
Examples of calls that may require a Code Two response:
3. Felony or misdemeanor crimes.
4. Incidents involving physical force.
5. Incidents that may escalate if response is not immediate.
6. An on-scene officer requests Code Two response.
7. When authorized by a supervisory/command officer.
Officers shall discontinue a Code Two response when the situation changes to a Code One response or is so instructed by a supervisor/command officer. In these instances, the officer(s) will notify the Communications Center that they are discontinuing Code Two response.
As a general rule only one officer, or a maximum of two officers, if the situation so warrants, will respond in a Code Two mode, with the exception of example number 6 or 7 under section IV, B..
Officers shall notify the Communications Center if they upgrade the response to Code Three.
B. CODE THREE RESPONSES:
The Communications Specialist will inform the officer of information received from the initial call. The responding officer, based on the nature of the call or prior knowledge relevant to the particular call for service or other factors, will respond Code Three.
The officer, and any other officers responding Code Three will inform the Communications Center of a Code Three response, and from what location when practical to do so.
Examples of call that may require a Code Three response:
1. When the situation involves the imminent potential for serious injury or death to any person.
2. In order to prevent or halt a crime of violence.
3. When a serious public hazard exists.
4. When there is a likelihood of apprehending a felony suspect who is on-scene.
5. A report of an injury collision.
6. An officer calls for help or requests a Code Three response.
7. When authorized by a supervisory/command officer.
Officers shall discontinue a Code Three response when the situation changes to a Code Two or Code One response or is so instructed by a supervisor/command officer.
In these instances, the officer(s) will notify the Communications Center that they are discontinuing Code Three response.
As a general rule only one officer, or a maximum of two officers if the situation so warrants, will respond in a Code Three mode, with the exception of example number 6 or 7 above.
V. COMMUNICATION CENTER CAUTION NOTIFICATION
When a Communications Specialist is notified of other emergency vehicles; such as police vehicles, fire apparatus and/or ambulances responding Code Three to any location within the city limits, they shall advise officers.
VI. EXEMPTION TO CODE THREE REGULATIONS
An officer engaged in immediate vehicular pursuit shall be bound by Lewiston Police Department Policy 2.03 (Pursuits).
VII. IDAHO CODE 49-623
The driver of an authorized emergency or police vehicle, when responding to an emergency call, or when in pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated.
The driver of an authorized emergency or police vehicle may:
A. Park or stand, irrespective of the parking or standing provisions of this title;
B. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
C. Exceed the maximum speed limits so long as he/she does not endanger life or property;
D. Disregard regulations governing direction of movement or turning in specified directions.
The foregoing provisions shall not relieve the driver of an authorized emergency or police vehicle from the duty to drive with due regard for the safety of all persons, nor shall these provisions protect the driver from the consequences of his/her reckless disregard for the safety of others.
VIII. OTHER EMERGENCY VEHICLE EQUIPMENT OPERATIONS
A. Spotlight – Marked units will be equipped with a minimum of two spotlights. Spotlights will assist the officer to illuminate areas or vehicles in low light situations. Spotlights will only be used to accomplish police responsibilities and purposes and will not be used to harass or intimidate.
B. Public Address System – Department vehicles may be equipped with an amplified voice address system. Officers may use this address system to inform the public of directions as they relate to the command and control involved during a police related contact. The address system should be limited to only those voice commands or instructions deemed necessary for officer safety, compliance, or emergency instruction.
C. Hazardous Warning Lights – The factory standard flashing hazardous signals equipped on each vehicle may be used in conjunction with other emergency equipment when department vehicles are parked at collision scenes or other scenes where emergency equipment is required to warn oncoming motorists of a hazard. Hazardous warning lights will not be used while a department vehicle is in motion. Use of hazardous warning lights while a vehicle is in motion prohibits the operator from signaling their intentions to turn to other motorists.
D. Highway Flares – Marked patrol vehicles are equipped with highway flares. Officers may consider using flares when they deem it necessary. Lighted flares, which burn at about 1500 degrees Fahrenheit, are to be handled with caution to avoid burning flesh, uniforms, or nearby objects.
1. Flares should be spaced a sufficient distance apart to adequately warn approaching motorists, to channel motorists to the appropriate lane, or to illuminate emergency traffic control signals.
E. Emergency Lights - Where the call for service or activity requires the vehicle to be used to protect collision scenes, injured persons or officers directing the flow of traffic, the vehicle’s emergency lights shall be activated.
1. Officers making traffic stops using lights and siren should, when appropriate, direct the motorist to a suitable stopping point where normal traffic flow will not be impeded.
a. Emergency lights should be activated both to signal a motorist of the officer’s intention to stop his/her vehicle and to protect the stopped vehicle from other traffic.
b. Before making initial contact with the motorist the officer will notify Communications of pertinent vehicle information, including the license plate number of the vehicle being stopped, if available, the location, and vehicle description.
c. When avoidable, the following should not be used for traffic stops:
1) Private driveways;
2) Gas stations open for business, or
3) Other areas, which provide access to business or residential establishments.
d. When private property must be used for a traffic stop, care must be taken to avoid inconvenience to the property owners or business patrons.
e. When making a traffic stop, officers should position his/her vehicle to provide protection for himself/herself and avoid creating a traffic obstruction.
Case Management System
III. REPORT PREPARATION, REVIEW AND ROUTING
A. The supervisor will insure that a written report is generated when required.
1. As a rule, reports will be called in for transcription on the date they are received. The shift supervisor shall, based on emergency circumstances, determine if a report may be written or called in for transcription at a later time. All reports/supplements and accident reports will be completed prior to the start of the officer’s regular days off.
2. Patrol supervisors will insure that each incident or supplemental report is reviewed, corrected as needed and routed.
IV. CASE ASSIGNMENT
A. Each report will be reviewed by the Investigation Section Commander, Investigations Supervisor, or his/her designee for prioritization, assignment or suspension - predicated upon the solvability and gravity of the offense or incident.
B. When making a determination, the supervisor should consider, but not be limited to, the following solvability factors:
1. Suspect Identity
a. A named suspect or associate.
b. Physical evidence that could identify the suspect.
c. Known location of the suspect.
d. Can suspect be identified by victim/witness?
a. License number.
3. Gravity Of The Crime
a. Death or injury to victim/witness.
b. Degree of potential hazard to the victim/witness and/or public.
c. Sex crime involved.
d. Weapon, force or threat used.
a. Value/amount of property loss. (Supervisory Discretion)
b. Serialized articles.
c. Uniquely described articles.
5. Investigative Knowledge
a. Significant crime patterns.
b. Modus operandi of known suspects.
NOTE: Supervisory judgment is guided by policy and procedure, the totality of circumstances, the gravity of the offense, the urgency for action and experience.
V. CASE PRIORITIZATION
A. Priority I - Active Investigation:
1. Cases involving homicide, sex crimes, child abuse, robbery, rape, kidnapping, aggravated assault and/or battery, missing person and/or incidents involving serious injury.
2. Cases assigned to an investigator which involves a person who is in custody.
3. Cases which have sufficient leads and/or specific circumstances may require immediate investigation.
4. Cases involving non-crime or suspicious activity, when the circumstances may require immediate investigation.
5. Cases where a lost, stolen or recovered firearm is taken into department custody.
All Priority I investigations assigned to an officer shall be completed and submitted to the concerned supervisor for review and/or approval within eight calendar days from the date assigned, unless the supervisor grants an extension following review of the case.
B. Priority II - Active Investigation:
1. Cases in which the solvability factors as enumerated in Section IV, Paragraph B, Subsection 1 through 5, are present however they do not qualify as a Priority I investigation.
2. Cases which have significant leads present but additional investigation may provide information which could result in a successful disposition of the case.
All Priority II investigations assigned to an officer shall be completed and submitted to the concerned supervisor for review and/or approval within sixteen calendar days from the date assigned, unless the supervisor grants an extension following review of the case.
C. Priority III - Inactive Cases:
1. Priority I and II reports which, after review, are determined that there is not sufficient evidence/information to clear or unfound the report.
2. Cases which do not contain apparent solvability factors as enumerated in Section IV, Paragraph B, Subsections 1 through 5.
D. Priority III reports shall be processed as follows:
1. After initial review, the supervisor who determines that enough of the solvability factors do not exist shall:
a. Mark the report - III - Inactive
b. Document that the victim received notification of the inactivation of the investigation.
2. If after conducting the follow-up investigation, an officer determines there is sufficient evidence to either clear or unfound a Priority I or II case, he/she shall:
a. Advise the reporting victim/person of the decision to inactivate the investigation and note this notification in the final supplemental report.
VI. PATROL FOLLOW-UP PROCEDURE
A. The Investigation Section Commander, or in his/her absence, the Investigation Section Supervisor shall:
1. Determine from which shift the report originated and assign the investigation to the Watch Supervisor.
a. Assignments are made by entering the report and the supervisor’s name into the Patrol Follow-Up Master Log. The report will be placed into the Supervisor’s Folder.
2. The Watch Supervisor will re-assign the case.
a. Each Watch Supervisor will maintain a shift follow-up log that identifies all cases assigned to the shift and which officers are assigned follow-up investigation.
3. The Watch Supervisor will be responsible for the timely follow-up investigation.
a. The assigned officer will complete supplemental reports on all case activity. If the assigned officer is not able to complete the investigation, he/she will complete a supplemental report and it will be up to the Watch Supervisor to decide the following:
1) Transfer the investigation to a different Watch Supervisor for re-assignment. This information will be recorded in the Patrol Follow-up Master Log.
2) Change the status of the investigation to Priority III - Inactive.
3) Upon completion of an investigation, the Watch Supervisor will record the final outcome in the Patrol Follow-up Master Log and return the investigation folder to the Investigation Section.
VII. CASE DISPOSITION
A. All personnel initiating a written report will be required to include a recommendation and/or case disposition at the end of the report. If in the officers opinion the case will receive no further action, the report should reflect that the victim/complainant was so notified.
B. Communications personnel are responsible to complete the clearance and disposition fields located on the law incident face sheet, unless the patrol officer clears it utilizing the MDC. The assigned officer will provide the clearance code, the one-line explanation and the name of any person or responsible contacted especially in responding to alarms.
C. The following clearance code(s) will be used when clearing a call for service:
1. ADV - Advised (Information Provided)
2. AST - Assistance Rendered
3. BCS - Building Checked & Secured
4. FRT - False Report
5. GOA - Gone On Arrival
6. MAL - Malfunction
7. NCA - Natural Causes
8. NOI - No Investigation (No Police Action)
9. RES - Resolved
10. RPT - Written Incident Report
11. UNF - Unfounded
12. UTC - Unable To Capture
13. UTL - Unable To Locate
14. CRF - Citizen Report Form
*A one line explanation is required for the following dispositions:
a. ADV – Advised
b. RES – Resolved
c. UNF – Unfounded
D. The following clearance code(s) will be used when clearing an alarm:
BCS – Building checked & Secured [Officer arrives on scene and checks out]
FRT – False Report [employee error]
MAL – Malfunction [alarm malfunctioned]
NCA – Natural Causes [natural cases/storms]
ACA- Authorized Cancel
RPT – Report completed [a confirmed alarm which is being investigated]
E. The following case dispositions will be used:
1. Cleared by arrest - when:
a. At least one person is arrested or issued a summons for commission of the offense;
b. At least one person is charged with commission of the offense; or
c. The arrested person is turned over to the appropriate court for prosecution.
2. Exceptionally cleared - when:
a. The investigation has established the identity of at least one of the offenders;
b. There is sufficient probable cause developed to support an arrest and prosecution of the offender;
c. The location of the offender is known so an arrest can be made; and
d. There is a reason outside the control of the department which precludes the arrest, charging and prosecution of the offender. I.e. A through E below:
1) Death of offender.
2) Prosecution declined.
3) Extradition denied.
4) Victim refused to cooperate.
5) Juvenile//No custody.
3. Unfounded - when:
a. The assigned investigator establishes that no criminal offense has occurred or that none was attempted; including allegations determined to be false or civil in nature.
b. It is determined that the offense occurred in another jurisdiction.
4. Inactive - when:
a. All available leads have been exhausted and further investigative effort would not result in clearance or unfounding of the report.
It is the intent of the Lewiston Police Department to safeguard and properly dispose of all property/evidence which comes into its control. Property/evidence will be maintained in the same condition as received unless altered during forensic or scientific examination and the department will preserve the evidentiary integrity of property/evidence which has been received for court presentation. In particular, evidence shall pass through the control of the fewest persons possible. Unless property is contraband, every reasonable effort will be made to ensure its return to the rightful owner. Property whose ownership cannot be identified will be disposed of according to the laws of the State of Idaho and ordinances of the City of Lewiston.
A. Evidence: A physical object which may be offered in court to prove the truth or falsity of a fact in issue. Includes “recovered stolen property”.
B. Property: A physical object which is not evidence.
1. Found Property: Articles which have been discarded, lost or abandoned by the owner, and are not connected with a crime or offense.
2. Safekeeping: Articles which are voluntarily relinquished to police control or taken to prevent injury or the commission of a crime.
V. ACCESS TO STORAGE FACILITIES
A. Entry into the immediate area of any department evidence/property storage facility shall be limited to the following department members:
1. Property Custodians
2. Investigation Section Commander
3. Investigation Section Supervisor
4. Persons authorized by the Property Custodians, the Investigation Section Commander, or the Investigation Section Supervisor.
B. It is recognized that maintenance, repair work and/or code inspections may need to be done within the storage facilities. Individuals needing access to accomplish this type of work will be accompanied only by those persons authorized by this policy.
VI. KEY CONTROL AND SECURITY
A. Only those personnel assigned primary or emergency access to the primary and secondary evidence room shall be issued keys or shall have in his/her possession any key to evidence.
1. Property Custodians
2. Investigation Section Commander
B. Keys to the 16th Avenue storage facility will be located in the following locations
1. Each marked patrol unit key ring
2. Patrol Sergeant’s office key lock box
3. Investigation Section Supervisors office
4. Investigation Section Commanders office
C. Whenever a new property custodian is designated, an inventory of property, to ensure that records are correct and properly annotated, is conducted jointly by the newly designated and the outgoing property custodians. Enough records will be randomly checked as to ensure the continuity of custody and the integrity of the system.
A. The Services Division Commander is authorized to enter any property/evidence storage facility when accompanied by staff authorized to access the facility.
B. An annual inspection will be conducted of the property storage areas within the department. This inspection will be made by the Chief of Police or his/her designee who will be of a supervisory rank and not directly connected with Property Management. The inspection results will be placed in written memo form and addressed to the Chief of Police, with copies to the Services Division Commander and the Investigative Section Commander.
C. Semi-annual unannounced inspections of property storage facilities will be conducted in the same manner as described above. This will be a more random spot inspection of records and property.
VIII. INITIAL PROCEDURES FOR COLLECTION AND CUSTODY
All personnel of the Lewiston Police Department who take into custody any property/ evidence shall:
A. Place the evidence/property into one of the unlocked transfer lockers if possible. Prior to any firearms being placed in evidence, the officer will ensure that the firearm is safe by unloading the firearm at the nearest designated unloading station. Any ammunition will be packaged separately in a sealed. The item(s) must have an evidence tag/label attached and have the proper information entered into the Spillman Computer System Property Table.
The member shall ensure that the transfer locker door is closed and properly locked prior to exiting the area.
B. Evidence tags and/or evidence labels will be completed and attached to all items of evidence/property recovered, confiscated or placed into the custody of the Lewiston Police Department. To ensure proper control and disposition of evidence/property, it is essential that the evidence tags be filled out accurately and completely. The property will be entered into the Spillman Computer System – Property Table by the member placing the items into evidence. The Property Custodians will enter the item into the Spillman Computer System – Evidence Management System. It is also essential that the chain of custody be recorded into the Evidence Management system.
C. On all items of evidence, use an indelible pen or scribe to mark the item with the member’s initials, the date and the case number. Items need not be marked if they already have an indelible, unique identifying mark, such as a serial number.
1. Items impossible or difficult to mark (such as hair, fibers, paint scrapings, glass, liquids, etc.) should be placed in a properly marked bag or container.
2. All drug/narcotic evidence will be placed in a state evidence bag, envelope or container. The evidence container will be sealed with evidence tape, weighed, initialed and dated by the officer.
3. An item should not be marked if the mark would alter its evidentiary value. Items of significant value should normally not be marked if by doing so the article would lose its monetary value. If marking is required, every effort should be made to minimize the negative effects of such markings by selecting a location that lessens the defacing effect.
D. Place the evidence/property into the smallest available transfer locker.
E. The above steps will be completed no later than the end of the work shift during which the member took custody of the item. Secure handling and proper chain of custody shall be maintained at all times.
In the event that there is a large quantity of evidence from a single case, under the direction of the Property Custodians, evidence can temporarily be placed in the facility, not to exceed 24 hours, before a tag/label is to be attached.
F. If a member seizes found property, the member will make an effort to locate the owner. If the owner is located and the property can be released back to the owner, the member will release it instead of putting the property into the storage facility.
The member will have the person sign the back of the evidence tag/label and write an incident report. If the owner of the property is unable to come to the station until later that same day, the property will be placed in a secure container (i.e. envelope or other similar container) and left at the front desk to be released.
If the owner does not come in within 24 hours, the property will be placed into the transfer locker by the Communications Supervisor or designee.
G. Special Instruction Tag
In addition to the evidence tag/label, a red special instruction tag will be attached to any found property or items of evidence that require special handling or processing:
1. The Special Instruction Tag will be completed for items needing additional processing by either the Property Custodians or State Laboratory. (Appendix B)
2. The Special Instruction Tag will be completed on all found property placed in evidence, listing all attempts to identify and contact the owner.
3. A Special Handling Tag and Hazardous Material label must be completed and attached on all hazardous materials.
IX. EVIDENCE TO BE PROCESSED BY CRIME LABORATORIES
Whenever evidence is collected for analysis in a crime laboratory, it shall be prepared in quantity and condition necessary for the proper analysis and:
A. All drugs will be placed in State Lab envelopes.
B. Packed separately to avoid contamination and damage of individual items.
C. Each evidence package must be marked with our agency identification information, i.e. , Lewiston Police Department.
D. Packed with necessary insulation in the case of fragile material.
E. All evidence sent to the Crime Laboratory shall be accompanied by a proper laboratory form. A cover letter will be sent only if further clarification or instructions are needed that are not specifically detailed in the accompanying laboratory form.
F. It shall be the duty of the Property Custodians to ensure proper handling and shipping of evidence to the Crime Laboratory.
X. PROPERTY CONTROL PROCEDURES
Department Property Custodians shall process, store, and dispose of evidence and property in accordance with the following procedures:
B. Initial Procedures
1. Security Check
The Property Custodians shall regularly check the security of the Property Control Facility by checking the integrity of all locks, doors and other physical security devices. Any abnormality shall be immediately investigated and reported to the Investigation Section Commander.
2. Inventory Of Incoming Items
Upon entry to the Property Control Facility, the Property Custodians, or authorized personnel, shall check the transfer locker to determine whether there is evidence/property stored in them. Whenever evidence is being removed from the transfer locker or being processed, the Property Custodians, or authorized personnel, will wear protective gloves.
The Property Custodians, or authorized personnel, will enter the item(s) into the Spillman Computer System – Evidence Management System, attach a bar code slip and place it into the property storage bin.
C. Evidence Procedure
The Property Custodians, or authorized personnel, shall document the release and return of evidence required for court through the Spillman Computer System Evidence Management System. If the evidence is to remain with the District Court, the original evidence tag will remain attached to the item.
D. Property/Evidence Disposal Procedures
It shall be the responsibility of the Property Custodians, or authorized personnel, to make every effort to return all recovered property to the rightful owner(s) when permitted by law.
1. Found Property
a. If the owner of found property cannot be determined, the property will be processed and stored.
b. After thirty (30) days, any property unclaimed with a fair market value of less than twenty-five dollars ($25.00) is available for release for auction. After ninety (90) days any bicycle unclaimed is available for release for auction. After six (6) months all other unclaimed property, excluding firearms, is available for release for auction per I.C. 55-403.
c. Any found or unclaimed monies, not returned to the original finder, will be turned into the City of Lewiston Finance Director to be placed in the city’s general fund, unless otherwise authorized by the courts or the Lewiston City Attorney’s Office.
d. Should any on-duty department personnel find property belonging to another, and the rightful owner cannot be located within the six (6) month period noted above, that property will be turned over to city personnel responsible for the City of Lewiston auction where it will then be sold.
e. Property will normally be returned or released by the Property Custodians Monday through Friday, excluding holidays, between 8:00 A.M. and 6:00 P.M. All evidence tags, or a copy of the evidence tag, will be returned to the Property Custodians, or authorized personnel, so he/she can record the disposition.
2. Crime Scene Evidence/Stolen Property Evidence or property which is recovered at the scene of a crime, or as the result of an investigation or arrest may normally be returned to the property owner only after all legal proceedings have been concluded. The following rules should be followed with such property:
a. Property involved in cases where multiple arrests have been made should normally be disposed of only after all defendants have been adjudicated.
b. Property should be returned only after the appeal period has passed.
c. In cases where the investigation has not been concluded and in which there is a statute of limitations, the property should be held until this period has expired.
d. In murder or manslaughter cases, the evidence or property should not be released without the consent or authorization of the Prosecuting Attorney’s Office.
e. Should unusual circumstances arise, evidence or property may be released with the approval of the Prosecuting Attorney. Should this occur, the item(s) involved should be photographed. The person taking possession should be asked not to alter the evidence/property in any manner and the officer should ascertain that the item(s) be readily available for any court action.
f. Property which has been submitted to the court as evidence may be returned to the owner after the department receives an order from the court to do so.
All controlled substances and drug evidence which is received by our department and no longer required as evidence will be turned over to a State Narcotics Office in Coeur d’ Alene or Lewiston for destruction at periodic intervals.
All controlled substances submitted for destruction must be inventoried by the Property Custodians, or authorized personnel, on a State of Idaho drug destruction inventory form. The Property Custodians, or authorized personnel, shall retain a copy of the property destruction form.
Controlled substances submitted to the lab for destruction must be accompanied by the evidence tags/label originally attached to the item(s).
This is the one exception in which the evidence tag/label will not be placed with the original case after the disposal of the property.
It should be noted that non-drug evidence such as drug paraphernalia cannot be accepted by the lab for destruction. It will be the responsibility of the Property Custodians, or authorized personnel, to see that this type of evidence is destroyed after it is no longer needed. Such destruction will always be completed by at least two members of the department.
F. Specific Types Of Property/Evidence
1. Alcohol - Alcoholic beverages which are not to be returned to the original owner after the disposition of the case will be destroyed by the Property Custodians, or authorized personnel,. Such destruction will always be completed by at least two members of the department.
2. Explosives - Should an officer find it necessary to take possession of any type of explosive, he/she shall immediately notify his/her supervisor. Department personnel will refer to the “Bomb/Explosives Threat Response” Policy (#2.06) concerning disposal of explosive material. Explosives will not be stored at the station and/or the 16th Avenue Storage Facility.
3. Firearms – Prior to releasing a firearm to anyone, a criminal history [III] and a driver’s check [10-27] will be done on that person. A firearm may be released if the individual is not in any of the following categories:
a. Convicted felon
b. Is a convicted felon – however does not fall into the restricted categories listed in Idaho Code 18-310: Imprisonment – Effect on Civil Rights and Offices
c. Under an Active Civil Protection Order
Those firearms which cannot be returned to the owner shall be disposed of as follows:
a. Firearms found in the possession of a subject at any time he/she is placed under arrest on a felony charge shall be held by the department. Should the subject subsequently be convicted of a felony, as a result of that arrest, an order describing the firearm involved shall be drawn up by the City Attorney, at the request of the Property Custodians, or authorized personnel, directing the weapon to be turned over to the Police Department for its use or any other disposition at its discretion.
The City Attorney, after drafting the above order, shall notify the Property Custodians, or authorized personnel, who will present it to a District Court Judge for signing. A copy of the signed order shall be placed with the case file.
b. If the weapon is to be destroyed, the Property Custodians, or authorized personnel, on receipt of the signed order, shall transport it to the City Service Center where the supervisor will be contacted and requested to supply a qualified employee to destroy the weapon. The Property Custodians, or authorized personnel, shall witness the destruction of the weapon.
c. Firearms which come into the possession of the department as a result of a misdemeanor charge will be released to the owner after the weapon is no longer required as evidence, excluding domestic violence convictions. Firearms may be released to other authorized individuals specified in writing by the rightful owner.
d. Firearms which come into the possession of the department as a result of an investigation will be returned to the owner as soon as practical.
e. Firearms recovered by our department that are reported stolen by other agencies shall be returned to that agency as soon as there is no further need for the weapon by our department. The Property Custodians, or authorized personnel, will be responsible for the return of such weapons.
f. Firearms for which an owner cannot be identified or located, will be handled the same as described in item (a) of this section with the addition of a brief explanation to the manner in which the depart-ment came into possession of the weapon and the reason(s) for being unable to return it to the owner.
4. Knives and similar dangerous weapons which are not returned to the owner, will be destroyed by the Property Custodians, or authorized personnel.
G. Property Storage
When an officer takes possession of any evidence or property, he/she shall see that it is packaged, sealed and tagged correctly.
Those items of a size which make it possible, will then be taken to the property room and placed into a transfer locker with the officer thereafter closing the self-locking door securely. Every item placed in these lockers must be accompanied by a evidence tag/label and have been entered into the Spillman Computer System – Property Table.
The following are brief guidelines concerning the storage of various items:
1. Alcohol – Alcohol and any container which holds an alcoholic beverage should be destroyed or disposed of on video or in the presence of a second officer.
2. Bicycles - All bicycles shall be stored in the designated locked enclosure for such items at the 16th Avenue Storage Facility.
3. Checks - All checks accepted as evidence shall be placed in a check evidence envelope, (Appendix A) with an evidence tag/label attached, then placed in a transfer locker.
4. Driver’s Licenses - These shall be placed in a small manila envelope with an evidence tag/label attached and placed in a transfer locker.
5. Controlled Substances - These items should be weighed, sealed, initialed and packaged separately. All controlled substances should be packaged in the State Envelope to be sent to the lab.
6. Latent Prints - All prints recovered shall be placed into a manila envelope with an evidence tag/label attached.
7. Money - All monies will be stored in a manila envelope, paper sack, or a plastic sealed container with a properly attached tag/label. The recovering officer in the presence of another department member will count all monies in excess of $50.00. The witness will be identified in writing prior to the money being placed in the transfer bin. The Property Custodians or authorized personnel, will verify this amount in the presence of a witness prior to placing the money into storage.
The Property Custodian, or authorized personnel, and the witness will then initial the evidence tag/label. Upon the return of any monies to the owner/finder, the Property Custodian, or authorized personnel, and a witness will verify the amount returned.
The witness will be identified in the supplemental report completed by the Property Custodian or authorized personnel.
The Property Custodian or authorized personnel will lock all monies in a secured safe located within the property storage room until the money can be moved to City Hall and placed in the treasurer’s trust account. Photographs or photocopies of the money will be placed in the case file prior to transferring the money to City Hall.
8. Perishables - Items such as blood and urine samples will be kept in a refrigerator in the separately padlocked lower corner transfer locker. A log sheet (which will be kept outside the door of the transfer locker) shall be filled out by the officer. The log sheet will contain the officer’s name, date, case number, time in and time out, and when that portion of the transfer locker is opened. This section of the transfer locker will be kept locked at all times, with access keys held by the Property Custodians, or authorized personnel, and Field Operations Section Watch Commanders.
Items that can or must be frozen, with no permanent damage resulting, may be kept in the freezer, which is inside the department’s main evidence/ property storage room. It will be necessary for the officer to contact the Property Custodians, or authorized personnel, as soon as possible after seizing the evidence for access to the freezer.
a. Any photograph of evidence taken with a 35 millimeter camera will be logged as evidence by the officer taking the photograph.
1) When the film is exposed, the film will be placed in a film envelope. An evidence tag/label will be attached to the film envelope and the envelope will be placed into the transfer lockers.
2) Property Custodians or authorized personnel will be responsible for having the negatives developed. Prints will not be made of evidentiary film unless requested for court or special investigative purposes.
3) The Property Custodians or authorized personnel, will be responsible for placing negatives or photographs into the property room transfer locker, logging the photographs or negatives into the Spillman Computer System – Evidence Management Table, attaching bar code strip and storage.
4) The Property Custodians or authorized personnel, shall maintain a separate file location for the storage of photographs and negatives.
b. After using a digital camera the officer will print out one set of photographs to be placed in the original case file and no alterations will be done to the photographs or disc.
The disk will be tagged as property by the officer, entered into the Spillman Computer System – Property Table, and placed into evidence. The Property Custodians, or authorized personnel, will enter the disk into the Spillman Computer System – Evidence Management System and store as evidence.
c. Video tapes will be tagged and entered into the Spillman Computer System – Property Table by the responsible officer. The Property Custodians or authorized personnel, will enter the video tape into the Spillman Computer System – Evidence Management Table and store as evidence.
d. Any other photographs or tape recordings will be documented by the responsible officer in a supplemental report, tagged as evidence, entered into the Spillman Computer System – Property Table and stored as evidence. The Property Custodians or authorized personnel, will enter the item into the Spillman Computer System – Evidence Management Table and store as evidence.
10. Motor Vehicles
a. Any vehicle seized by the Lewiston Police Department as evidence will be inventoried of all property. All inventoried property of value will be stored in the Property Control Facility pending disposition of the vehicle.
b. All vehicles seized as evidence are to be towed by the department contracted towing service provider to the Property Control Facility or the department contracted towing service provider. Attach completed evidence tags to the windshield and enter the vehicle into Spillman as evidence.
c. A set of keys will be tagged as evidence and placed into the key locker at the department’s storage facility.
d. Vehicles shall be properly marked, photographed and with the approval of the Prosecutor’s Office, returned to the owner when feasible. The owner shall be advised that the vehicle may be needed at a later date for court proceedings and should be readily available until there has been a disposition in the case.
e. Vehicles seized as evidence, under the following circumstances will be stored at the department’s 16th Avenue storage facility either inside the garage area or in the outside fenced area.
1) Securing vehicle while applying for a search warrant.
2) Execution of search warrant.
3) Securing vehicle for evidence processing.
4) When vehicle is evidence in major injury or fatality collision.
All other vehicles will be towed to the department contracted towing service provider.
f. When vehicles are held as evidence/seized, it will be necessary for the officer to complete a Vehicle Impoundment Sheet, and Evidence Tag/Label. A set of keys will be tagged as evidence and placed into the key locker at the department’s storage facility.
11. Hazardous Materials
Hazardous Materials includes all bodily fluids or any item containing body fluids. These need to be handled with extreme caution and gloves should be worn at all times. No needles or exposed sharp objects shall be placed into evidence except with prior approval of the property custodian, and then in only serious felony situations. When such items are approved for storage, they will be rendered harmless by the original officer and a “Hazardous Material” sticker attached.
Should flammable or chemical liquids be taken as evidence with the supervisor’s approval, it will be stored at the 16th Avenue Storage Facility, in the fenced area in the “flammable/chemical” material cabinet. The responsible officer will make notification of the storage of flammable/chemical liquids to the Property Custodian in writing or by leaving a voicemail.
Contacting Off Duty Investigators
II. INCIDENTS REQUIRING USE OF CALL-OUT PROCEDURE
A. Major critical incidents involving complex or lengthy investigations in which a delay would adversely impact the results of the investigation.
B. Major criminal incident requiring resources beyond the capabilities of on-duty Field Operations personnel.
C. Criminal investigations requiring special expertise, knowledge or equipment beyond the normal capabilities of on-duty Field Operations personnel.
D. Incidents in which Investigation Section personnel have specifically requested to be notified to expedite an on-going investigation.
III. CONTACTING INVESTIGATORS
A. Any off-duty investigator may be called out by the Investigation Section Commander, Investigation Section Supervisor or one of their designees after receiving a request from the on-duty Patrol Section Supervisor, once it is determined that the incident meets any criteria listed above.
B. Every effort will be made by the on-duty Patrol Section Supervisor to telephone the Investigation Section Commander, Investigation Section Supervisor, or designee when requesting such a call out. This is necessary so an accurate assessment of equipment and manpower needs can be determined.
C. It is the responsibility of the Investigation Section Commander or Investigation Section Supervisor called to assess the need, make suggestions concerning other resources, respond if deemed necessary.
D. Off duty Investigation Section members shall not normally be called out where the investigation can be appropriately completed when investigators return to normal duty.
Collecting Evidence - NSF, Account Closed And Forged Checks
A. Non-Sufficient Funds And Account Closed Checks
1. Upon the recipient contacting the department with an NSF or Account Closed Check, it is not necessary for a report to be taken. Rather the recipient will be given a copy of the “Nez Perce County Citizens Packet Regarding NSF Checks” & “Lewiston Police Department Processing of Non-Negotiable Checks” form, (Appendix A) and a copy of the “Lewiston Police Department Check Statement” form, (Appendix B), and the “Check Investigative Information” form, (Appendix C). This form is to be completed by the persons or employee who actually accepted the check from the suspect.
2. Upon completion of the form, it will be given to the Investigation Section. If circumstances warrant, a report will be taken at that time by a member of the Investigation Section.
1. A forged check must be accompanied by a signed affidavit of forgery from the bank that the check was drawn on.
The entry or update will be made by the communications specialist receiving the information. The NCIC manuals should be consulted for format requirements and entry criteria.
A. Ensure the record contains all available information at the time of entry by cross-checking criminal history, registration, driver’s check, or other sources for pertinent information. This documentation shall be attached to the case file.
B. Descriptive information not entered as part of the format will be included in the miscellaneous field. If sufficient space is not available, a supplemental entry will be made.
C. The entry will be recorded in the NCIC logbook for persons or vehicles.
Public Records Access
It shall be the policy of the Lewiston Police Department to allow full public access to the records of the department, as specified in Idaho State Code 9-335 through 9-348, while restricting disclosure of information that may compromise an on-going investigation or which is exempt from disclosure under this law, case law, or other laws of the State of Idaho, or United States.
To ensure that the release of records are handled in a fair and consistent manner, all requests under the Idaho Public Records Law shall be made in writing. Exceptions to this provision shall be made only in cases of releases to other criminal justice agencies or in accordance with published guidelines for documents which do not need prior review, such as traffic collision reports.
Uniform Citation Accountability
II. AUTHORITY TO ISSUE IDAHO UNIFORM CITATIONS
Pursuant to Rule 5 of the Idaho Misdemeanor Court Rules, “a peace officer may issue a uniform citation for a citable offense in which he/she shall certify that he/she has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law.”
“The uniform citation may be signed by any person in whose presence an alleged offense occurred, and witnessed by a peace officer whose name shall be endorsed on the citation.”
A. It shall be the responsibility of the Communications Commander or his/her designee to maintain an inventory control of all uniform citation books. Citation books shall be stored in a secure place designated by the Communications Commander or his/her designee.
B. An officer shall “sign out” a citation book by recording his/her name, the date, and the group number of the citation book on the Uniform Citation Accountability Log. (Appendix A). A Communications Specialist will initial the Uniform Citation Accountability Log upon an officer “signing” a citation book out. The Uniform Citation Accountability Log shall be maintained within close proximity to the storage area of the uniform citations.
C. Upon completing a citation, an officer shall provide the red-bordered copy (Defendant’s Copy) to the defendant, and submit the remaining copies to Communications Section personnel for processing.
1. The white copies and the yellow-bordered copies shall be forwarded to the court.
2. The green-bordered copy (Lewiston Police Department Copy) shall be stored in a place designated by the Communications Commander or his/her designee for the time prescribed by Idaho law. The uniform citations shall be filed by year, in numerical sequence.
3. The Master Name Computer Record of the defendant and/or other party(ies) involved shall be updated as soon as practical and as directed by the Communications Commander or his/her designee. In the absence of an existing Master Name Computer Record, one shall be created.
D. Uniform citations can be voided only by the issuing officer, with the approval of a supervisor. Should a uniform citation be voided, the word “VOID” shall be printed across the citation so that it is plainly visible and imprinted on all copies. An explanation describing why the citation was voided will be written on the citation and initialed by a supervisor. A voided citation shall be submitted to the Communications Section in its entirety.
1. Upon receipt of a voided citation, communications personnel shall retain the green copy pursuant to procedure outlined in IV C.2 of this policy. All other copies shall be destroyed directed by the Communications Commander or his/her designee.
E. Lost and/or completely destroyed citations shall also be accounted for. In the event an officer loses or completely destroys a citation, he/she shall prepare a memo. The memo shall be directed to the Communications Commander or his/her designee and shall include a statement as to which citation (referenced by citation number) was lost and/or destroyed. The above memo will then be filed in numerical sequence among the green-bordered copies (department’s copy) as outlined in IV.C.2 of this policy.
F. A citation that cannot be served on a defendant after reasonable efforts to do so may be eligible for a “warrant request”. If a “warrant request” becomes necessary, the following procedure will be initiated.
1. After the investigating officer has made every attempt to serve the citation, without results, the officer will document his/her efforts to serve the citation in a supplemental report.
The investigating officer will prepare the Affidavit for Warrant Form (Appendix B or C). A supervisor has the responsibility to review the citation and all attached reports to ensure that the request is not involving a felony and/or infraction. The citation and all attached reports will then be forwarded to Communications for processing.
2. Communications personnel shall separate and attach the paperwork as follows:
a. The white, yellow and red copies of the citation, along with all incident and supplemental reports regarding the case will be attached to the Affidavit for Warrant Form. This packet will then be forwarded to the City Attorney’s Office or Nez Perce County Prosecutor’s Office for filing with the court.
b. On the green copy of the citation the communications personnel will write “Warrant Requested” in red ink at the bottom. The citation will be filed pursuant to IV C.2 of this policy.
3. The warrants request paperwork will then be forwarded to the City Attorney’s Office or Nez Perce County Prosecutor’s Office for filing with the court.
G. Issued Citations/Summons - If a citation/summons has been issued to a defendant and a mistake is discovered, the officer can correct the mistake if all four (4) copies are in his/her possession.
1. If the officer does not have all four (4) copies in his/her possession, no changes can be made by the officer on the citation/summons.
a. If the mistake is regarding the date or time of appearance, the issuing officer is responsible for completing a Lewiston Police Department Amended Summons Form. (Appendix D)
After completing the form, it will be left with the court paperwork to be taken to a judge for his/her signature.
b. Information concerning the defendant’s name, date of birth, social security number, address, descriptions, charges or code violations cannot be modified, changed, added or deleted by the officer if he/she does not have all four (4) copies. Changes concerning these items must be amended by the City Attorney’s Office or Nez Perce County Prosecutor’s Office. The issuing officer will be responsible for notifying the City Attorney’s Office or Nez Perce County Prosecutor’s Office of the requested amended changes.
H. Officers will be responsible for ensuring that the information listed on a citation is accurate and true to the best of the officer’s ability and knowledge.
I. When a citation needs to be served by another agency, the responsible officer will complete the top portion of the Out of Area Citation Tracking Sheet (Appendix E), to include the name of the defendant,,last known address and the responsible officer’s name.
The responsible officer will then forward the Out of Area Citation Tracking Sheet, along with ALL copies of the citation to the Word Processing Specialist or his/her designee for processing.
The Word Processing Specialist or his/her designee will do the following:
The citation will be un-flagged in Spillman, comments indicating “OOA Service – Date” will be added.
1. The front of the citation will be photocopied and saved in the event that the citation is lost in the mail, or never returned by the outside agency.
2. A form letter is completed with necessary information (Appendix F).
3. When mailing the letter, a self-addressed stamped envelope will be included for return of paperwork.
4. A “one liner” is added into the Spillman law incident indicating it was mailed.
5. The Word Processing Specialist or his/her designee will check back with the outside agency after 21 days to check the status of the citation, if it has not been returned.
6. Upon receipt of the citation from outside agency, it will be forwarded to the responsible officer.
7. The “OOA Service – Date” involvement in Spillman will be removed.
The responsible officer will create a supplemental report in Spillman indicating the service of the citation, or the request for a warrant.