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Los Angeles Webster Commission records, 1931-1992
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San Antonio police department general manual, 1992
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San Antonio police department general manual, 1992
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• • • • • I - • • • • • GENERAL ORDER #92-01 EFFECTIVE: March 2, 1992 e GENERAL MANUAL In accordance with Section 1.00, Subsection .04, of the Rules and Regulations of the San • Antonio Police Department, the following constitutes the establishment, scope, and authority of • • • • • • the San Antonio Police Department General Manual: All previously issued General Manuals, orders, procedures, and regulations which are in conflict with the contents of this edition of the General Manual are revised and/or rescinded, except that the portions of those manuals, orders, procedures, and regulations which have not been included herein remain in effect where they do not conflict with the provisions of this edition. The General Manual is, and shall be, a composite of those policies, procedures, and rules and regulations pertaining to or affecting two or more departmental divisions, as established within this manual. Should any section, procedure, subsection, item, clause, or phrase contained in the General Manual be found illegal or otherwise incorrect or inapplicable, such finding shall not affect the validity of the remaining portions of the General Manual. The General Manual remains in effect until amended by the issuance of other general orders or by the issuance of a new General Manual The General Manual is published and issued under the authority of the Chief of Police and has the effect of an order. The S.Oi.Q~Q portions of this manual reflect revisions, amendments, and additf6n·s· · ·i6 ... the General Manual. • • [_. l l r ~ ~, ~ · I I ~ - l • t ~ - ! r ~ - I i ! lllllllllll lllllll INTRODUCTION SECTION 100.00 Foreword Statement of Philosophy SECTION 200.00 ~W!i~ ~~i~t.P~to.~~i.~~§JW SECTION 300.00 Administrative Procedures Procedure SECTION 400.00 Technical Procedures Procedure SECTION 500.00 Arrest Procedures Procedure 11111-~ 303.00 Disciplinary Procedures 304.00 Audit Inspection 305.00 Arrest Car Thieves Program 306.00 Quality Circles 307.00 Public and Media Information 308.00 Office Space Allocation and Telecommunications ll--~r•1•1 1~•~1mtmr§m 311.00 Court Appearances IJ: g~etMil!Nitilli!!ffl~fl tlt:tt:!ms::: i1l !:~PQ]Jl!!:]~tgM:HtW!Jm€f 314.00 Command Notification 315.00 Inspection Procedure 11••}1 11 15iIMl!iI!ttlffli!i9i@ , ffi 404.00 Forms Control 405.00 Information Systems Hardware and System Problems !99~pgJJf:9fflfmimi-l]fl•rnt&ffm.MEt!l§9imi 501.00 Use of Force 502.00 Warrantless Arrests 503.00 Execution of Arrest Warrants 504.00 Execution of Search Warrants llill. lll!llltli .111,llfm.t lt~ §ll]il!nrl1llb1,jl[!EBl :it1tfi[:[ftt2P:~9ffl:§. 508.00 Field Contacts 509.00 Legal Asset Seizure SECTION 600.00 Operation Procedures Procedure SECTION 700.00 Investigative Procedures Procedure SECTION 800.00 Emergency Operations Procedure ll~ l lllillllllt oo5:'6cr=•:•:P - rotective Orders 604.00 Domestic Disturbances 605.00 Miscellaneous Complaint Calls llllllfatllar wa~tl g~i~ lli li ll iii!iiillll ~:1:eim 612.00 Noise Nuisance 613.00 Carrying Weapons on Airport Property 614.00 Airport Police / Park Rangers il:?iP9lti§n.~m§!1§H!fmffl:iil@t!!t ft!!ffi@Jflfffififfimltw 1.ot tod.:\JCHrne::sce.ne.:::o.m1es %:fa: ao=•:-:- :-Eyew1tn. es~t1cieni1t1cation 703.00 Handling of Sexual Assault Complaints 704.00 Apparent Sudden Deaths t99:~99::l:I~i::!i¥9!¥!9:::emimlmm 706.00 Aggravated Assaults on Police Officers t9t~P9ll ft9P@ifil:l!rwlffi.ffifflm 708.00 Follow-Up Units 1:osmo. m:::G.omtdenttm:::tnr.omiant::Misoe.me.anoi:: cttatta,Mo.ismiial flliQ~QQ:]:efi~:llll:::@lmBl:el]~i:::§ljfrP.1!ll:liilm,1r:·:-:•:• : •:•: •:• 801.00 Unusual Occurrences 802.00 Critical Incidents 803.00 Bomb Incidents 804.00 Crowd Control and Events Management 805.00 Fallen Aircraft 806.00 Mobilization ii • • • • • • • • • • • • • SECTION 900.00 Personnel Procedures Procedure • • APPENDIX A Uniform Specifications • GLOSSARY INDEX • • • • • l!! li llllf:il~:~- 904.00 Limited Duty Assignments 905.00 Outside Employment 906.00 Access to Personnel Records 907.00 Substitute Employment llli T{ffRWJ !iW~i:!! iHKoff ... •.•R· e=· RTring Former San Antonio Police Officers 911.00 Honor Guard 912.00 Awards of Honor 913.00 Probationary Police Officer Training and Evaluation 914.00 Exit Interviews 1111 111 111ra•1 1 •Et!m!U~ Table of Contents Uniform Specifications iii SECTION 100 Statement of Philosophy • • • • .... -i, ,.J ..... +, • • I • . ......... • • The primary goal of this General Manual is to convey standard operating procedures that allow for a clear and complete understanding of individual responsibilities • under a wide variety of circumstances. Since no manual could ever conceivably cover every situation, this edition simply presents a broad spectrum of those procedures that are essential to the enhancement of officer safety, effective execution and coordination of tasks and functions, uniform delivery of services, and ultimately, organizational effectiveness . • • • • • The standards exhibited in the manual are not intended to restrict initiative or discretion, rather to complement them, by delivering clear expectations with regards to each individual's basic responsibilities. Additionally, this manual serves as a dynamic guide and instructional tool, which, in the course of its annual revisions, will deliver the latest improvements and enhancements to an already professional organization, as well as provide a very necessary bond between divisions, sections, stations, units, and shifts. The real challenge presented here deals with the individual and collective discipline that is required of all departmental members in the application of and adherence to these procedures. This is a challenge that I am confident will be met with the traditional excellence that has characterized the members of the San Antonio Police Department. The revision process has been a team effort, requiring input by members from all divisions and functions within our organization. Your input will continue to be significant, as the manual is intended to be a living document subject to constant revision through annual publication. I would like to take this opportunity to thank the many contributors to this ongoing effort. William 0. Gibson Chief of Police • • • • • • • As a law enforcement organization, the San Antonio Police Department is an essential component in the diverse fabric of the community it serves. In order to manifest this important responsibility, our guiding philosophy is to accomplish a contribution that is beneficial to the quality of life of each citizen. This commitment is satisfied through three fundamental rares: At the municipal level, the department serves as a basic element of the governmental structure of the City of San Antonio, conveying a wide variety of public services to each and every citizen; At the state level, the department enforces the Criminal Laws of the State of Texas in order to maintain an acceptable level of peace and order within the community; and Finally, in a national sense, the department safeguards individual rights and freedoms in the course of preserving the Constitution of the United States of America. · The essence of the police mission is the effective provision of public assistance at every opportunity, through citizen confidence and involvement, organizational effectiveness and accountability, and individual dedication and commitment. Achieving an appropriate degree of public confidence and involvement requires a spirit of close interaction with those we serve. To this end the department constantly strives to preserve and cultivate an open state of trust and communication with the community, clearly understanding that the success of our organization is directly predicated on the quality of this relationship. Organizational effectiveness and accountability are achieved in the course of a three part process: developing an intimate understanding of the needs of the community; subscribing to a system of effective planning, stringent budgeting, communicating expectations, and coordinating functions; and finally, monitoring and evaluating activities in order to sustain the highest possible degree of adherence to the goals and objectives of the department. The members of this department constitute its most valuable resource. Thus, the promotion of individual dedication and commitment is one of our highest priorities. This goal mandates an internal environment that develops and stimulates a high degree of individual initiative and productivity through personnel development, training, and education. This investment serves to foster good judgment and common sense, the two most important foundations for police work. The true difference in any organization is made by its members, those who subscribe to a spirit of collective dedication and commitment which is the final and most important ingredient in this entire formula. 3 SECTION 200 Rules and Regulations • • • • • • • • --- ..... + � • e • +.e \. ... e • • e • + _ __._.__ • • • • • • • • • • • • • SECTION ONE Introduction Subsection SECTION TWO Administration Subsection SECTION THREE 1.01 Purpose for Rules 1.02 Authority for Rules A. Pertaining to City Charter B. Pertaining to Collective Bargaining Agreement C. Pertaining to Chapter 143 of the Local Government Code 1.03 Scope of Rules 1.04 Acknowledgement of Receipt of Rules by Members 1.05 Supervisory Acknowledgement 1.06 Definitions of Terms 1.07 The Meaning and Intent of Other Words or Phrases 2.01 Command Responsibility A. To Maintain Books and Records B. To Enforce Rules C. To Keep Informed of Activity Under Command D. To Document Briefings and Inspections E. To Coordinate Activities with Other Units F. To Have Updated Employee Locator List 2.02 Chain of Command 2.03 Directive System Individual Resgonsibillties Subsection 3.01 Abide by Laws 3.02 Truthfulness of Members 3.03 Obey Lawful Orders A. Insubordination B. Manner of Issuing Orders C. Unlawful Orders Prohibited D. Criticism of Lawful Orders E. Conflict of Orders F. Obedience to Unlawful Orders Not Required G. Obedience to Unjust or Improper Orders H. Reporting Unlawful Orders I. Appeals From Unlawful or Unjust Orders 5 3.04 Responsibility to Serve the Public • A. Impartial Attitude B. Courtesy C. Conduct and Behavior D. Duty to Identify E. Police Action When Not In Uniform . 1 F. Neutrality in Civil Actions G. Maintenance of Competency j ' j 3.05 Physical Hygiene and Psychological Well-Being 1 A. Good Physical Hygiene . j B. Maintenance of Physical Standards C. Chemical Dependence • D. Controlled Substances E. Emotional and Physical Well-Being 3.06 Relationships with Co-Workers A. Mutual Respect B. Courtesy • C. Respect to Supervisory Officers D. Supporting Fellow Members E. Support in Time of Danger F. Working Relationships 3.07 Criticism of the Department • A. Defamitory B. Undermines Effectiveness of Department C. Interferes with Discipline D. Affects Public Confidence E. Damages Reputation of Department F. Disregards the Truth • 3.08 Unauthorized Release of Information A. Progress of Investigation B. Release of Public Statement C. Public Address or Writing for Publication D. Statements of Policy, Organization, and Disciplinary Action • E. Relationship with Attorney, Bondsman, or Agent F. Recommendation of Attorney or Agent 3.09 Information on Bulletin 3.10 Current Address and Telephone of Member • 3.11 Use of Intoxicants A. Drinking on Duty B. Intoxication C. Alcoholic Beverages on Official Premises • 3.12 Use of Tobacco 3.13 Vehicle Operator's License 3.14 Financial Obligation • 6 • ! • • • • t l ~ ~ - ~ ~ ~ · • • ~ - 3.15 Gratuities, Loans, and Solicitations A. Accepting Gifts B. Borrowing C. Solicitations 3.16 Accepting Rewards 3.17 Outside Employment 3.18 City Equipment / Property 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 A. Improper or Negligent Handling B. Loss through Negligence C. Safe Operation of Vehicles D. Inventoried City Property E. Willful Waste or Conversion F. Reporting Malfunction G. Shall Not Alter Accessories H. Maintaining Neat, Clean, and Orderly Condition Unauthorized Expenditures Notice of Sick Leave Feigning Illness or Injury Illness While On-Duty Restrictions on Activities While Sick, Injured, or on Limited Duty A. Shall Remain at Residence B. No Extra Employment C. Limited or Light-Duty Status Negotiations on Behalf of Suspect Traffic Stops While Not in Uniform Treatment of Prisoners Giving Information in Internal Investigations Responsibility to Know Laws and Procedures Soliciting Special Privileges A. For Personal Gain B. Soliciting Citizens' Petition Consorting with Persons of Ill-Repute Displaying or Discharging Firearms 3.33 Arrests in Personal Quarrels 3.34 Maintaining Certification 3.35 To Report an Arrest, Criminal Charge, or Indictment 7 I j SECTION FOUR e : Attentiveness To Duties Subsection 4.01 Members Subject to Duty A. Non-Emergency Actions B. Authority Outside City Limits While Off-Duty C. Authority Outside City Limits While On-Duty • 4.02 Alertness Required of Members 4.03 Requirement To Take Action 4.04 Reporting For Duty • 4.05 Availability When On-Duty 4.06 On-Duty Activities 4.07 Prompt Response to All Calls •· , 4.08 Reporting Hazards and Assisting The Public J I , 4.09 Duty To Report Crimes l 1 4.10 Duty To Report Incidents • j A. Traffic Accident in Which Member is Involved B. Injury to Member On-Duty J C. Injury to Member Off-Duty j D. Property Damage or Injuries Caused by Member E. Incidents in Which City May Be Liable •l F. Endangering the Public Health G. Suit or Legal Process Against Member 4 H. Damages to City Owned Property I 4.11 Notebook Required 4.12 Completing Official Report • A. Promptness and Accuracy in Report Writing B. When to Submit Reports 4.13 Duty of Officers and Discretionary Authority ;i 4.14 Courtesies Accorded National Colors and Anthem •l 4.15 Responsibility for Internal Investigations 4.16 Absence from Assignment 4.17 Cooperation with other Agencies • 4.18 Relations with News Media • 8 • • • • • SECTION 1.00 INTRODUCTION 1.01 PURPOSE: The Rules and Regulations officially adopted and set forth in this manual are for the guidance, regulation, and control of the conduct of all members of the Police Department of the City of San Antonio, Texas. These Rules are designed to promote efficiency, discipline, and good public relations by setting forth policies governing the conduct and demeanor of every member of the police department, both on and off duty. 1.02 AUTHORITY: A. Pursuant to Article V of the Charter of the City of San Antonio, the Director, Chief of the Police Department shall have supervision and control over the Police Department, subject to approval by the City Manager. B. Pursuant to Article VII of the Collective Bargaining Agreement between the City of San Antonio and the San Antonio Police Officer's Association, the Chief shall have the exclusive right to establish, rescind, or modify departmental rules and regulations while such contract is in effect, subject to review by the City Manager. Changes will be made through General Orders issued by the Chief of Police and reviewed by the Fire and Police Civil Service Commission and the City Manager. C. Pursuant to Chapter 143 of the Local Government Code, as amended, the Chief of the Police Department shall have the power to take disciplinary action or suspend indefinitely an officer under his supervision for violation of either Chapter 143 of the Local Government Code, the Civil Service Rules of the City of San Antonio, or of these Rules and Regulations. In addition, the Chief of Police shall be empowered to take disciplinary action or suspend indefinitely any other police employee for violation of these Rules and Regulations. 1.03 SCOPE: These Rules and Regulations govern the conduct, responsibilities, duties, assignments of, and the use of equipment by all members of the Department. These Rules and Regulations may further cover such other matters as the Chief of Police may deem necessary or expedient for the proper conduct of the work of the Department, and additionally incorporate Departmental Orders, Directives, and Procedures. These Rules and Regulations become effective on the date of issuance and rescind the Rules and Regulations of the San Antonio Police Department issued August 20, 1955. 1.04 ACKNOWLEDGEMENT: The General Manual of Policies, Rules, and Procedures of the San Antonio Police Department issued pursuant to this General Order, and the General Manual has the effect of an order. Notice of the issuance of the Rules and Regulations, as revised and adopted W:mffl§@t i1M lm, to be effective Hei!ffl§mtlllli: ml is given effective lietffin§!tl ~~:il~- All officers of this department will be issued a copy of the General Manual and are required to acknowledge its receipt. Acceptance of the General Manual, the publication of this order in the Departmental Daily Bulletin, and the posting of this order In the police building assembly room shall be deemed sufficient notice of the existence and effect of the Policies, Rules, and Procedures in the General Manual of the San Antonio Police Department. 9 The Rules and Regulations of the San Antonio Police Department apply to all employees, both • sworn and non-sworn. All non-sworn employees of this department will be issued a copy of the Rules and Regulations. The publication of this order in the Department's Daily Bulletin, and posting of this order on all unit bulletin boards shall be deemed sufficient notice of the existence and effect of the Rules and Regulations. The Fiscal Management and Research Section will contact individual Unit Commanders to discuss dissemination procedures for the Manual. Any recommendations for changes and/or improvements should be directed to the Commander of the Fiscal Management" • and Research Section. 1.05 SUPERVISORY ACKNOWLEDGMENT: Each supervisory officer is required to acknowledge his personal responsibility for enforcing the provisions of these Rules and Regulations, General Orders, and Procedures of this Department: 1.06 DEFINITIONS OF TERMS USED IN THESE RULES: A. uDEPARTMENTAL ORDERS" means orders issued for the purpose of instruction, clarification of policy, and establishment of procedure or rules in the form of General Orders, Special Orders, Chief's Memorandum, Personnel Orders, Training Bulletins, and Division-Level Orders. B. "DIRECTIVES" may be used synonymously with Departmental Orders. C. "PROCEDURES" means a comprehensive, instructional, written communication providing direction in the accomplishment of a police-related task. D. E. "ASSIGNMENT" means the job tasks of a member, which may include a specific beat, post, or geographical responsibility. "CHAIN OF COMMAND" means the unbroken line of authority extending from the Chief of Police through a single subordinate at each level of command down to the level of execution. F. "SUPERVISORY OFFICERS" means sworn personnel of this Department who have attained the rank of Sergeant or above. G. "DEPARTMENT" refers to the San Antonio Police Department, the members of the organization, and the physical assets of the entity. H. "MEMBERS" means all employees of the San Antonio Police Department. I. "SUBORDINATE" means any member who is subject to the authority of another. J. "INTOXICATION" means any level of mental or physical incapacitation resulting from the voluntary introduction of any alcoholic beverage or controlled substance into the body. K. "INTOXICANT" means any alcoholic beverage or controlled substance, which, when introduced into the body, may cause an impairment of any mental or physical capacity. L. M. N. "SHALL", 'WILL", and "MUST" means that the action is mandatory. "MAY" and "SHOULD" _ May is permissive. Should is advisory. Where used, "should" indicates that, while the procedure is not mandatory, it should be followed if the situation permits. "GENDER" use of the masculine gender shall also include, where applicable, the female gender. 0. "IMMEDIATELY" means as soon as possible and feasible. 10 • • • • • • .! • ' t • r . r • • • • • • • P . ''TOUR OF DUTY" means that period of time beginning when the member reports for duty and ending when he is relieved from duty by either the dispatcher or a supervisory officer. 1.07 THE MEANING AND INTENT OF OTHER WORDS OR PHRASES: Words or phrases not specifically defined in these Rules and Regulations shall be interpreted to have the meaning and intent established in the common usage. SECTION 2.00 ADMINISTRATION 2.01 COMMAND RESPONSIBILITY: Shall consist of: A. Maintaining all books, records, and reports under the command officer's authority in conformity with the rules, regulations, and procedures of the Department; B. The uniform and impartial enforcement of these Rules and Procedures; the insurance of conformity on the part of command officers to all orders, directives, and other instructions issued to the members of the Department; C. Keeping informed of all activity which affects his responsibility within the command; frequently testing the knowledge of subordinates as to conditions in their beats and posts or as to functions of their assignments; D. The documentation of all inspections and briefings of personnel; E . Keeping advised of the operations of other divisions of the Department, and coordinating the activities of the command with other divisions and sections of the Department; F. Having at their residence the current Employee Locator List, properly corrected to date. Supervisory officers receiving Locator Lists must frequently review them and check all changes with the personnel involved . 2.02 CHAIN OF COMMAND - All officers shall familiarize themselves with the Command Structure of the Department and shall operate within it. 2.03 DIRECTIVE SYSTEM -All departmental personnel shall familiarize themselves with the formal means of communications within the Department. SECTION 3.00 INDIVIDUAL RESPONSIBILITIES 3.01 ABIDE BY LAWS AND DEPARTMENTAL ORDERS: Members of the Department shall abide by: A. The Laws of the United States and the State of Texas, and ordinances of the City of San Antonio . B. The General Orders, Rules and Regulations, and Procedures of the San Antonio Police Department. 3.02 TRUTHFULNESS: Members shall speak the truth at all times. Reports and written communications from any member shall also reflect the truth . 3.03 OBEY LAWFUL ORDERS: Members shall obey all lawful orders and directions given by supervisory officers and shall comply with instructions given by the Police Dispatcher. Such obedience shall be prompt and willing. A. INSUBORDINATION: Defying the authority of any supervisory officer by obvious disrespect, disputing his orders, or failure or deliberate refusal to obey any lawful order given by him shall be deemed insubordination. 11 B. MANNER OF ISSUING ORDERS: Orders from a supervisor to a subordinate shall be in clear, understandable language, civil in tone, and issued in pursuit of departmental business. C. UNLAWFUL ORDERS PROHIBITED: No commanding or supervisory officer shall knowingly or willfully issue any order which is a violation of any law, ordinance, or departmental rule. D. CRITICISM OF LAWFUL ORDERS: Members shall not publicly criticize or comment derogatorily to anyone about instructions or orders they have received from a supervisory officer. E. F. G. CONFLICT OF ORDERS: Should any subordinate receive an order which conflicts with a previous order from another supervisory officer or with any General Order, he shall respectfully call attention to the conflict. If the supervisory officer giving the conflicting order does not change the same so as to eliminate the conflict, his order shall stand and the responsibility shall rest. with the supervisor. OBEDIENCE TO UNLAWFUL ORDERS NOT REQUIRED: No member is required to obey an order which is contrary to the laws of the United States, statutes of the State of Texas, or ordinances of the City of San Antonio. OBEDIENCE TO UNJUST OR IMPROPER ORDERS: Members who are given orders they feel are · unjust or contrary to General Orders or the Rules and Regulations of the Department must first obey the order to the best of their ability and may then proceed to appeal as provided herein. H. REPORTING UNLAWFUL ORDERS: Any member who is given any unlawful, unjust, or improper order shall at the first opportunity report in writing to the Chief of Police, through the chain of command, the facts of the incident together with his own action. I. APPEALS FROM UNLAWFUL OR UNJUST ORDERS: Members shall appeal for relief from orders or instructions which are unlawful or unjust. Such appeals must be made in writing to higher authority through the Chain of Command. 3.04 RESPONSIBILITY TO SERVE THE PUBLIC: Members shall serve the Public through direction, counseling, assistance, and protection of life and property. Members shall also respect the rights • • • • • • of individuals and perform their services with honesty, sincerity, courage, and sound judgment. • A. IMPARTIAL ATTITUDE: Members, while being vigorous and unrelenting in the enforcement of the law, must maintain an impartial attitude toward complainants and violators. Members shall at all times consider it their responsibility to be of service to anyone who may be in danger or distress, regardless of race, color, creed, sex, or national origin. B. COURTESY: Members shall at all times be courteous, kind, patient, and respectful in dealing with the public, and shall strive to merit the esteem of all law abiding citizens by an impartial discharge of their official duties. C. CONDUCT AND BEHAVIOR: Members, whether on-duty or off-duty, shall be governed by the ordinary and rules of good conduct and behavior, and shall not commit any act tending to bring reproach or discredit on themselves or the Department. D. DUTY TO IDENTIFY: All members of the Department, when called upon to do so by any person, shall, in a courteous manner, give their name and/or badge number. E. POLICE ACTION WHEN NOT IN UNIFORM: An officer not in uniform, when exerting police authority, shall identify himself as a police officer and state the purpose or reason for his actions. 12 • • • • C I 1 -e r r t I : • • • • • • F. NEUTRALITY IN CIVIL ACTIONS: Members shall not give aid or assistance in civil cases, except to prevent a breach of the peace or halt a disturbance. G. MAINTENANCE OF COMPETENCY: Members shall maintain sufficient competency to property perform their duties and assume the responsibilities of their positions. 3.05 PHYSICAL HYGIENE AND PSYCHOLOGICAL WELL-BEING: Members shall maintain themselves in good physical and mental condition. A. GOOD PHYSICAL HYGIENE: All members, by frequent bathing, shall exercise good bodily hygiene and cleanliness. B. C. D. E. MAINTENANCE OF PHYSICAL STANDARDS: All members, by regular exercise and moderate living, shall maintain themselves in such a physical condition as to be able to handle strenuous physical contacts or demands required of the active, uniformed law enforcement officer. CHEMICAL DEPENDENCE: No member shall become physically or mentally dependent upon alcohol or any controlled substance unless administered by a licensed physician. Dependence upon a prescribed drug is not an excuse for being unable to perform. CONTROLLED SUBSTANCES: Members shall neither possess, use, nor distribute any substances regulated by the Controlled Substances Act, except possession that is related to official police duties. Use or possession of a controlled substance under this section is no violation if such use or possession is under the direction of a licensed physician. EMOTIONAL AND PHYSICAL· WELL-BEING: Members may be required to seek medical or psychological· services upon the order of the Chief of Police. 3.06 RELATIONSHIPS WITH CO-WORKERS: Members shall conduct themselves in such a manner so as to bring about the greatest harmony and cooperation among the various units of the Department. A. MUTUAL RESPECT: Members shall treat other members of the Department with respect, affording them the response due them as co-workers. B . COURTESY: Members shall be courteous, civil, and respectful to their supervisory officers and associates, and shall not use threatening or insulting language, whether on or off-duty. C. RESPECT TO SUPERVISORY OFFICERS: Members shall exhibit respect for supervisory officers at all times. D . SUPPORTING FELLOW-MEMBERS: Members shall cooperate, support, and assist each other at every opportunity, and shall not publicly criticize the work or the manner of performance of duty of any other member. E. SUPPORT IN TIME OF DANGER: Members shall act together and protect one another in time of danger or under circumstances where danger might reasonably be impending . F. WORKING RELATIONSHIPS: Members shall abstain from performing any acts or making any statements, oral or written, which are directed at their co-workers with the intent to destroy the morale, good order.and working relationships with such co-workers . 13 3.07 CRITICISM OF THE DEPARTMENT: Members of the Department shall not criticize or ridicule the Department, its policies, administrators, or public officials by speech, writing, or other expression when such speech, writing, or expression: 3.08 A. Is defamatory, obscene, or unlawful; 8. Tends to interfere with or undermine the effectiveness of the Department to provide public services; C. Tends to interfere with the maintenance of proper discipline; D. Tends to adversely affect the public's confidence in the integrity of the Department and/or its officers and employees; E. Damages or impairs the reputation or efficiency of the Department; or F. Is made with reckless disregard for the truth. UNAUTHORIZED RELEASE OF INFORMATION: A. No member of the Department shall make known any information concerning the progress of an investigation or proposed action against a known or reported law violation or condition, or any proposed police action of any type, to persons not authorized to receive it. B. Members shall not present themselves as representing the Department in any matter unless delegated or authorized to do so by a supervisory officer. C. No member of the Department shall make a public address or write for publication concerning the affairs of the Department without the consent of the Chief of Police. D. Statements of policy, information regarding changes in organization, or disciplinary action will be made from the Office of the Chief of Police, and no member of the Department, unless specifically authorized, will discuss such matters with others. E. It is forbidden to give information about any prisoner in confinement to any attorney, bondsman, the agent of either, or any other person not authorized to receive it. F. No member shall recommend to any person the employment of a particular attorney, counselor, or bondsman. No member shall suggest the name or names of any attorney or other person to a prisoner. l ., 1 • • , .1 j l ·1 • 3.09. INFORMATION ON BULLETIN: Members are responsible for reading the Department's Daily Bulletin e prior to beginning their tour of duty. Departmental personnel returning to duty after any absence shall read all directives published during their absence, prior to returning to duty. 3.10 CURRENT ADDRESS AND TELEPHONE: All members shall report to their commanding officer and to the Accounting, Budget, and Personnel Unit, any change of address and/or telephone number within two working days. Every officer shall have a working telephone installed in his residence. • 3.11 USE OF INTOXICANTS: A. DRINKING ON DUTY: Members shall not drink intoxicating beverages while on duty. No member shall report for duty exhibiting the odor of intoxicants, or any of the elements or appearance of intoxication. The exception shall be for a member to accomplish a specific police assignment or mission, when approved by a supervisor. 14 • • I I _ . , t ~ - I t l : • • r ~ · • • B. C. INTOXICATION: Members shall not at any time be intoxicated while on duty. Members shall not be intoxicated while in public view. No member, while off-duty, shall drink intoxicating beverages to an extent which renders him unfit to report for duty. ALCOHOLIC BEVERAGES ON OFFICIAL PREMISES: Intoxicants in any form will not be brought into any police facility, including city vehicles, except when approved by a. supervisor. D. CONSUMPTION OF ALCOHOLIC BEVERAGES IN UNIFORM: No officer shall drink intoxicants in uniform. 3.12 USE OF TOBACCO: Members shall refrain from the use of tobacco in any form while in direct contact with the public. 3.13 VEHICLE OPERATOR'S LICENSE: Every officer is responsible for aving in his possession a valid vehicle operator's license. 3.14 3.15 3.16 FINANCIAL OBLIGATION: No member in a supervisory position shall place himself under financial obligation to a subordinate, nor shall a supervisor solicit a subordinate as a co-maker or endorser of any note or obligation. GRATUITIES, LOANS, AND SOLICITATIONS: A. ACCEPT. ING GIFTS: Members shall not receive from prisoners, persons recently released from custody, persons suspected of criminal activity, nor their representatives, either directly or indirectly, any tangible or intangible property, whether it is a gift or the result of a purchase or trade. B. BORROWING: Members shall not borrow anything of value from any person or persons known or suspected to be engaged in criminal activity. C. SOLICITATIONS: No solicitation of funds will be made by any member of the Department for the benefit of any member of the Department except in cases authorized by the Chief of Police. ACCEPTING REWARDS: Members of the Department shall not accept any reward of money, or fee, or compensation of any type for any service rendered in the performance of duty other than the salary or stipends given by the city or other branch of government. 3.17 OUTSIDE EMPLOYMENT: A. B. C. Members of the Department shall not engage in any outside employment, nor own, operate, or have any financial interest in any business activity without the written permission of the Chief of Police. Officers engaged in performing police duties in outside employment, whether in uniform or civilian clothes, must enforce all laws as though on-duty for the Police Department of the City of San Antonio. Officers engaged in outside employment shall conduct themselves as though they were on-duty and shall be subject to these Rules and Regulations. 3.18 CITY EQUIPMENT /PROPERTY: A . Improper or negligent handling of any city property, or willful damage to city property is prohibited. 15 3.19 3.20 3.21 3.22 3.23 B. Officers losing their badges, firearms, or other city-owned police equipment through negligence or carelessness may be obligated to pay for the replacement of same. Loss or damage to city-owned property occurring while the member is acting properly in the line of duty, or in a burglary of his home, is not classified as negligence. C. City vehicles will be operated in a safe manner and in compliance with all traffic laws. D. E. Inventoried city property, which Includes city vehicles, shall not be used by any member of the Department without the knowledge and permission of the person responsible for said equipment or vehicle. Members shall not willfully waste or convert to their own use any city-owned supplies, equipment, or services. F. Members shall immediately report any malfunction or need of repairs of any city-owned property used by the member, or which may be under his control. G. Members shall not alter, deface, or in any way change any part or accessory of any city-owned property. H. Members shall maintain offices and vehicles used by them in a neat, clean, and orderly condition. UNAUTHORIZED EXPENDITURES: Obligation of funds or financial liability shall not be incurred in the name of the Police Department or the City of San Antonio by any member of the Department unless authorized by the Chief of Police pursuant to ordinance. NOTICE OF SICK LEAVE: Notice that a member is sick or injured and cannot report for duty will be made to his commanding officer. FEIGNING ILLNESS OR INJURY: No member shall feign illness or injury. ILLNESS WHILE ON-DUTY: When a member becomes sick while on-duty to the extent that he must leave his duty station, he shall immediately notify his supervisor. RESTRICTIONS ON ACTIVITIES WHILE SICK, INJURED, OR ON LIMITED DUTY: A. Members, while on sick or injury leave, shall remain at their place of residence unless it is necessary for them to go to a doctor, hospital, or pharmacy. If for medical reasons it should be necessary for a sick or injured member to stay at some location other than his residence, he notifies his supervisor who shall insure that the new temporary address is made a matter of record. B. C. Members shall neither engage in outside employment nor work any city overtime while on sick or injured leave. Members, after having been out on sick or injured leave, must complete one regular tour of duty before engaging in any outside employment or working city overtime. The overtime restriction may be waived in an emergency. Members on limited-duty or light-duty status will not engage in any off-duty employment, nor work any overtime for the city. The overtime restriction on limited-duty may be waived during an emergency. 3.24 NEGOTIATIONS ON BEHALF OF SUSPECT: Members shall not: A. Participate in any arrangement between the suspect and the person who has allegedly suffered by the suspect's act which would result in the criminal escaping the penalty of the law, nor shall any member seek the continuance or dismissal of any case on behalf of the defendant in court for any reason; 16 • • • • • • • I r • • ~ . ' ,; I • r-' f . ' • • • • • • • 8 . Make promises that cannot be fulfilled. 3.25 TRAFFIC STOPS WHILE NOT IN UNIFORM: 3.26 3.27 A. Off-duty officers, in uniform or not, shall not arrest traffic violators on sight unless the violation involves an accident or driving while under the influence of intoxicants . 8. On-duty officers, not in uniform, may arrest traffic violators only when their assignment requires such traffic stops and when such stops are approved by their Division Commander in writing. In such cases, the vehicle used in making the traffic stop shall have an emergency light prominently displayed and a siren as required for emergency vehicles by the Texas Motor Vehicle Laws . C. On-duty officers, not in uniform, other than that situation outlined in paragraph 8, shall not arrest traffic violators on sight unless the violation involves an accident or driving while under the influence of intoxicants. TREATMENT OF PRISONERS: Prisoners shall be protected in their legal rights, given humane treatme~t. and shall not be subjected to verbal abuse or unnecessary physical violence. GIVING INFORMATION IN INTERNAL INVESTIGATIONS: A. A member shall, when requested, answer questions, render statements, or surrender material . relevant to an Internal Affairs investigation . 8. Any member who is the subject of an Internal Affairs investigation gives a written report provided he is advised: 1. That the report is for departmental purposes only; 2 . That the report will not be used against him in any subsequent criminal investigation or prosecution; and 3. That should he fail to give a written report, a lawful order to do so will be given, and failure to follow such an order will result in disciplinary action. 3.28 RESPONSIBILITY TO KNOW LAWS AND PROCEDURES: A. Members shall learn and thoroughly understand the laws and ordinances which they are charged with enforcing. B . C. D. Members shall familiarize themselves with all written directives which are published by the Department and which affect their assignment. Violation of any lawfully adopted departmental rule or regulation by any department employee who is subject to same shall be sufficient cause for suspension or termination in accordance with applicable law and Fire and Police Civil Service Commission procedure, irrespective of whether the rule or regulation is part of the originally promulgated rules and regulations, or is contained in a subsequent general or special order, directive, or other amendment to the rules. Lack of knowledge of such rules or regulations shall never be a defense to any disciplinary action if said rules or regulations have been disseminated or posted as setforth in the regulations and if the employee has had a reasonable opportunity to become familiar with the rules and regulations . 17 3.29 SOLICITING SPECIAL PRIVILEGES: A. Members shall not use their official position to solicit special privileges for themselves or others. B. Members shall not request the aid of any citizen to have him transferred within the Department from one classification of work to another, nor to have him transferred from one beat or district of the city to another. 3.30 CONSORTING WITH PERSONS OF ILL-REPUTE: Members shall not consort with or otherwise fraternize with known felons, gamblers, prostitutes, or other persons of bad character or ill-repute, except to accomplish a police assignment or mission. 3.31 DISPLAYING OR DISCHARGING FIREARMS: A. No officer, whether on or off-duty, while not in uniform, shall wear his weapon on the outside of his clothing in such a manner that it attracts attention. B. Members shall not unnecessarily display their firearms. C. Officers may discharge firearms in the following circumstances only: D. 1. 2. At target practice; To destroy an animal in conformance with Departmental procedures; 3. In defense of one's life or the life of another; or 4. To hunt wild game, while properly licensed and in conformance with state law. Any officer discharging a weapon accidentally or intentionally, except on the target range, shall immediately report the incident in writing to his commanding officer. irn!I!Ili~P:l]MP'Js§I J1:n{ M§M§§R?ffflH~i§:JJNPsffl}§Q§RiN§!QN ~ Eitt:tt9ffl¢.ijt~I P.tJtffl./QMmtffi.imJW:ffm~tiJJngf t:19.ffi:mtffi@o.Ijnffltinm.; i n:ar:1:1::!fl!lt:J~tF~tE~m§n1§J?tm1~r: gij~rtrnf!:nUintktttt1it1rtt :::mrt: @f]n!HJn!9.tm~: ?.Wittt:tR!~!ntJnijrn~~vmt: ~t mwn!ft~:::m :::trmt§ltM~mµmtt:eg!!¢.f:} PtPID1rrffimi p f :ttEJEJiirrtt@r)i!§ti!Jt :::i~1!M§tn:::~nt§nmJ:1w!titQooijmuijnt11PstMxiti~mff igm.rgn~ I/Ml illiiill1liltliill1111&111 11111iiil e fII::t:t:te~tP:1~!/mi t:P§W~r:: @miw.m~,r~:::@N~IPPnt!MP:ff.f.#:ijf:)?:f9fMfaIQ~y\9f\§ijp!: : : antt@ §~ ±~A~d ~itiil 1 1iil1Eill [~ll~1f lillilllil'.llli 19 i fiii!I~ !m 9 Ji!ix\li!lff~ 3.33 ARRESTS IN PERSONAL QUARRELS: Members, while off-duty, shall not make arrests in quarrels •• • • •• • • in which they are personally involved or those in which their families are involved, except when e immediately necessary to prevent bodily injury or death. 18 • • • • ~ I r • • • • • • 3.34 MAINTAINING CERTIFICATION: Each officer shall maintain minimum standards for retention of his license issued by the Texas Commission on Law Enforcement Standards and Education. 3.35 TO REPORT AN ARREST, CRIMINAL CHARGE, OR INDICTMENT: Any member arrested, charged with, or indicted for a state criminal offense, in any state, which is above the level of a Class C Misdemeanor or which is a Class C Misdemeanor and the Class C Misdemeanor involves the duties and responsibilities of office, or for a federal criminal offense, must immediately provide the Office · of the Chief of Police with written notification of such incident. The member must provide the Office of the Chief of Police with the name of the arresting agency, a description of the nature of the charges, and the style, court and cause number of the charge or indictment, if any. SECTION 4.00 ATTENTIVENESS TO DUTIES 4.01 4.02 4.03 4.04 MEMBERS SUBJECT TO DUTY: While within the corporate limits of the City of San Antonio, officers of the San Antonio Police Department will consider themselves available for duty in any emergency situation, regardless of their actual duty status, and shall carry their police identification and an approved weapon. A. NON-EMERGENCY ACTIONS: When an officer, not on-duty, has a matter come to his attention that is not an emergency situation requiring immediate action, he shall call the police dispatcher and request the assignment of an on-duty officer. Once the on-duty officer has arrived, the off-duty officer will not interfere or participate in the incident unless requested to do so by the officer(s) assigned to handle the incident. B. AUTHORITY OUTSIDE CITY LIMITS WHILE OFF-DUTY: An officer, while on off-duty status outside the City, has only the rights, authority, and privileges of a private citizen. C. AUTHORITY OUTSIDE CITY LIMITS WHILE ON ASSIGNMENT: Police officers on an assignment outside the city, contact the agency having jurisdiction, and seek the assistance of its officers in any action to be taken. Any action taken will be confined to what is necessary to accomplish the assignment. ALERTNESS REQUIRED OF MEMBERS: Members shall at all times be attentive to their duties, and by their alertness and observation demonstrate their interest in their work. REQUIREMENT TO TAKE ACTION: On-duty members are required to take prompt and effective police action conforming to departmental policies with respect to violations of laws and ordinances and matters affecting public safety coming to their attention, or of which they have knowledge. REPORTING FOR DUTY: Members, unless otherwise directed, shall report for duty or present themselves at the time and place specified by proper authority. They shall be properly uniformed, or dressed, and equipped . 4.05 AVAILABILITY WHEN ON-DUTY: No member while on duty shall conceal himself, except for some police purpose. Members shall keep themselves immediately and readily available at all times when on-duty. 4.06 ON-DUTY ACTIVITIES: Members shall not devote any of their on-duty time to any activity other than that which relates to their duty assignment. Members shall not enter places of amusement while on-duty, except for police purposes. Members shall not remain at any one place longer than is necessary to accomplish a police objective. 4.07 PROMPT RESPONSE TO ALL CALLS: Officers shall respond without delay to all calls for police service from citizens or other members. Immediately upon completion of the call, officers shall notify the dispatcher of their return to service . 19 4.08 REPORTING HAZARDS AND ASSISTING THE PUBLIC: Members observing anything of a dangerous or hazardous nature, citizens in distress, anything that might occasion public inconvenience, or that seems irregular or offensive, shall insure proper action and report the incident in writing. Members assist the public and not avoid this responsibility. 4.09 DUTY TO REPORT CRIMES: Members receiving or possessing facts or information relative to a . criminal offense shall not conceal, ignore, distort, or retain such facts or information, but will report · , such facts through proper channels. 4.1 O DUTY TO REPORT INCIDENTS: Members shall immediately report the following categories of incidents, in addition to other incidents covered by these Rules and Departmental Procedures, in accordance with the Report Writing Procedures of the Department. These include: 4.11 4.12 A. Traffic Accidents in which they are involved; B. Any personal injury received in the line of duty; C. Off-duty injuries which are apt to interfere with the performance of duties; D. All property damage or injuries caused to other persons while in the performance of duty; E. All incidents in which it appears that the City of San Antonio may be liable for damages; F. Any conditions which might endanger the public health or safety; G. Any suit or legal process filed against a member by reason of an act performed by him in the line of duty; or H. Damage to any city owned property. REQUIRED TO TAKE AND MAINTAIN NOTES: Field officers shall carry notebooks or notepads to record the details of any police action they might take. All officers will take and keep notes of the police actions in which they are involved. Data pertinent to cases investigated will be kept and maintained by the officer involved .. COMPLETING OFFICIAL REPORTS: A. Members shall complete reports promptly, accurately, and in conformance with the Report Writing Procedures of the Department. B. Reports will be completed and submitted prior to going off-duty. C. Members' reports shall be professionally written in good grammatical form and shall not contain slang, profanity, colloquial expressions, or insulting racial terminology, except when the language is a quotation and is essential to the investigation, a part of the offense, or related to the officer's action. The public portion of the report shall contain only the information required therein and shall not contain any information which is privileged or confidential. Information to be restricted from the public portion of the report includes: 1. Matters relating to investigative techniques or procedures; 2. Opinions or judgments of the officer; 3. Facts tending to identify suspects or informants; or 4. Information which should be confidential and which relates to a continuing investigation. 20 • • • • •• I 1 ~ I •• , • • • • • • t ~ - 4.13 4.14 4.15 4.16 DUTY TO TAKE ACTION: Officers are charged with the responsibility to enforce local ordinances, state laws, and federal statutes, to preserve the peace, and to protect lives and property. All officers will take Immediate action to prevent any obvious felony offense, or to arrest, if reasonably possible, any known felony offender, and to protect all persons and property from imminent harm. COURTESIES ACCORDED THE NATIONAL COLORS AND ANTHEM: Members of the Department shall salute the National Colors and the National Anthem with the hand salute when in uniform . RESPONSIBILITY FOR INTERNAL INVESTIGATIONS: Members who have a reason to believe that another member of the Department shouid be investigated shall write a report to the Commander of the Internal Affairs Section giving the details of that belief. No member shall conduct any investigation concerning any other member of the Department, except when directed to do so by proper authority. · ABSENCE FROM ASSIGNMENT: Members shall not leave their beats or assigned areas except: A. In the line of duty; B. Upon authorization of a supervisor; or C. At the end of a scheduled tour of duty. 4.17 COOPERATION WITH OTHER AGENCIES: Members shall cooperate with all agencies engaged in the administration of criminal justice and other public departments, giving to each all aid and information that they might be entitled to receive. 4.18 RELATIONS WITH NEW$ MEDIA: Members shall be open, honest, and cooperative with members of the news media, whenever possible, providing that such actions are consistent with the statutes of the State of Texas and the policies of the Department. 21 SECTION 300 Administrative Procedures • • • • ) • e M ·• e ee • • • I ( • • .01 INTRODUCTION A. B. C. The purpose of this procedure is to establish a formal written directive and information system to provide employees with clear understanding of the responsibilities and expectations relative to the performance of their duties. Pursuant to Article V of the Charter of the City of San Antonio, the Director of the Police Department (Chief of Police) has supervision and control over the Police Department, subject to approval by the City Manager. Pursuant to Article VII of the Collective Bargaining Agreement by and between the City of San Antonio and the San Antonio Police Officers' Association, effective October 1, 1988 through September 30, 1992 or until such time as it is• superseded by a new contract or agreement between the parties, whichever occurs later, the Chief of Police has the exclusive right to establish departmental rules and regulations, subject to review by the City Manager. D. Members are bound by orders issued by the Chief of Police and/or by his authority or direction . . 02 GENERAL MANUAL A. In accordance with Section 1.04 of the Rules and Regulations of the San Antonio Police Department, the following constitutes the establishment, scope and authority of the San Antonio Police Department General Man_ ual. 1. 2. The General Manual of the San Antonio Police Department is hereby established and shall be referred to hereafter as the "General Manual." The General Manual is and shall be, a composite of those policies, procedures, and rules and regulations pertaining to or effecting two or more departmental divisions, as established under existing orders. 3. All previously issued General Manuals, orders, procedures, and regulations which are in conflict with the contents of the current edition of the General Manual are revised and/or rescinded, except that the portions of those manuals, orders, procedures and regulations which have not been included herein remain in effect where they do not conflict with the provisions of the current edition. The "current edition" refers to the General Manual issued on the most recent date. 4. The General Manual is published and issued under the authority of the Chief of Police and has the effect of an order. 5. The General Manual does not encompass every possible circumstance. Therefore, it is expected that the authority of supervisory officers be implemented to deal with those situations not specifically addressed in this General Manual. B. The General Ma. nual is composed of nine sections, which are hereby established and whose contents may be briefly defined as follows. 1. Section 100 contains a Foreward from the Chief of Police and a statement of the Department's Philosophy. 2. Section 200 is comprised of the Rules and Regulations of the department. 23 C. 3. Section 300, .. Administrative Procedures," outlines the elements of existing procedures necessary to the administrative and managerial functions of the department. 4. Section 400, "Technical Services Procedures,• is composed of those procedures relative to written reports, communications, and computer systems. 5. 6. 7. Section 500, "Arrest Procedures, 11 contains those detailed procedures pertaining to the legal and procedural aspects in effecting arrests, the use of force, and the execution of search warrants. Section 600, "Operations Procedures,• outlines the procedures designed to aid officers in the execution of line duties performed in the direct furtherance of police objectives. Section 700, "Investigative Procedures,• consists of those procedures pertaining to the field and follow-up investigation of certain criminal offenses and civil and departmental incidents. 8. Section 800, "Emergency Operations,• outlines the planned response of the department during unusual occurrences and critical incidents. 9. Section 900, "Personnel Procedures," contains those procedures relative to the assignment, deployment, evaluation, and attendance of departmental members. Each procedure, section, and · subsection of the General Manual is numbered using a modified decimal system in order to provide quick reference to all material and to maintain the flexibility of format necessary to facilitate expansion and revision of its contents. 1. A typical procedure under the decimal system used in the General Manual would be 501.00, indicating the first. procedure in section 500. 2. 3. 4. A section within procedure 501.00 would be number 501.01, indicating the first section within the procedure. An individual subsection within section 501.01 would be numbered 501.01 A, indicating the first subsection within that section. The conventional outline format is followed to define components within subsections of all procedures. D. The following words and terms used throughout the General Manual shall have the meaning herein assigned, unless it is apparent from the content that they have a different meaning. 1. "Officer" and "Sworn Member" are used interchangeably and apply to those employees of the San Antonio Police Department, regardless of rank, who are sworn in, as provided by law, to perform the duties of a regular police officer for the City of San Antonio. 2. "Member'' means an employee of the San Antonio Police Department and includes sworn and non-sworn. 3. 11 Cit1 means the City of San Antonio and is used synonymously with the San Antonio Police Department. 4. "Department 11 means the San Antonio Police Department. 5. "Administrative Duty" means the job tasks of a member which do not require an officer to exercise arrest authority as a primary function of his position. 6. "Supervisory Officer'' means any officer holding the rank of sergeant or above. 24 • • • • ~ E. The meaning of words or phrases not specifically defined shall be interpreted to have the meaning and intent established in the common usage. F. The following rules of grammar shall apply throughout the General Manual. 1. The use of the present tense includes the past and future tenses, and the future tense includes the present. 2. The use of the masculine gender includes the female gender. 3. The use of the singular number includes the plural, and the plural includes the singular. G. The following verbs are used throughout the General Manual; however, the absence of a mandatory verb does not make a requirement any less imperative. 1. The words •shall," "will, 11 and "must" are used to specify the required action. 2. The word •may'' is permissive. 3. The word •should. is advisory and, where used, indicates the procedure is not mandatory; however, it should be followed if the situation permits and where such action is deemed practical. H. If any section, procedure, subsection, item, clause, or phrase contained in the General Manual is found to be illegal or otherwise incorrect or inapplicable, such finding shall not affect the validity of the remaining portions of the General ManuaL I. Hereafter, the General Manual shall be published, distributed, and issued within the month of January .of each calendar year, in accordance with the following stipulations. 1. The Fiscal Management and Research Section: a. Ensures a sufficient number of General Manuals are published to afford each officer, division, section, service area, shift, and unit a copy; b. Assigns an individual number to each copy of the General Manual to provide for the accountability of each copy; c. Issues a copy of the General Manual to each division, section, service area, shift, and unit. This copy shall be referred to hereafter as an "Administrative Copy:• and d. Routes an adequate amount of copies of the General Manual to each division, for issuance to individual officers. This copy shall be referred to hereafter as a "Personal Copy." 2. Division Commanders cause a •Personal Copy'' to be issued to each officer within the division, insuring said officer signs the •General Manual Receipt"(S.A.P.D. form# 159) and signed receipts are returned to the Fiscal Management and Research Section. 3. Division , section, service area, shift, and unit commanders property annotate the • Administrative Copy'' to reflect each procedure that is added, amended, or deleted during the ~lendar year. 4. Officers property annotate their "Personal Copy" to reflect each procedure that is added, amended, or deleted during the calendar yeaT. J. Requests for revisions or additions to the General Manual are submitted in writing, through the chain of command, to the Fiscal Management and Research Section. 25 .03 K. Amendments to the General Manual, during the calendar year, are made by the issuance of a General Order. L. Officers ensure their "Personal Copy'' is maintained in a serviceable condition and available for reference. STANDARD OPERATING PROCEDURE MANUALS A. Division Commanders are responsible for the development, compiling, and issuance of Standard Operating Procedure Manuals, in accordance with this procedure. B. . . "Standard Operating ProceduresN are Division Orders which establish guidelines for achieving uniformity in the performance of tasks and improving job awareness among members of a particular division. C. Prior to issuance, "Standard Operating ProceduresN are routed to the Fiscal Management and Research Section to ensure there is no conflict with existing General Orders. D. The following constitutes the establishment, scope, and authority of Standard Operating Procedure Manuals. 1. Standard Operating Procedure Manuals are and shall be a consolidation of current policies, procedures, rules, regulations, and job descriptions unique to a specific division and the individual sections and units within the division. 2. Standard Operating Procedure Manuals are titled to identify the issuing division and the applicable section and/or unit. Typical manuals would be titled: 3. 4. a. Traffic Division Traffic Control Units Standard Operating Procedure Manual b. Investigations Division Crimes Section Robbery Unit Standard Operating Procedure Manual Standard Operating Procedure Manuals need not incorporate policies, procedures, or rules and regulations established and contained in the General Manual; however, reference to such may be included. Standard Operating Procedure Manuals are published and issued under the authority of the Chief of Police and have the effect of an order. E. Standard Operating Procedure Manuals are arranged in the following order: 1. Table of Contents 2. Introduction 3. Administrative Section a. This section is designated NSection 1 QOM and contains job descriptions and procedures necessary to the administrative and managerial functions unique to the division, section, service area, shift, or unit. 26 • • • • t · r r • ' f ~ • • 4 . b. The following categories are mandatory within the Administrative Section: (1 ). Filing systems to be maintained; (2). Inventory control; (3). Budgetary guidelines; (4). Standard Operating Procedure review process; and (5). Correspondence guidelines. C . The following consists of optional topics: (1 ). Forms unique to the division, section, service area, shift, or unit; and (2). Personnel issues not addressed in other procedures. Operating Procedures a. This section is designated "Section 200" and outlines those policies, procedures, rules, and regulations relative to the accomplishment of the goals and objectives of the division, service area, section, shift, or unit; and b. Those policies, procedures, rules, and regulations designed to direct and instruct officers in the accomplishment of police objectives pertinent to special events, unusual occurrences, and emergency operations. 5. Glossary 6. Index F. The format, words, and terms contained in Standard Operating Procedure Manuals conform with those prescribed for the General Manual, as outlined in section .02 of this procedure. G. Division Commanders distribute and issue Standard Operating Procedure Manuals according to the following. 1. One copy is directed to the Fiscal Management and Research Section. 2. One copy is routed to the appropriate section, service area, shift, or unit. This copy shall be referred hereafter to as the "Office Copy. N 3. A sufficient number of copies, to provide for issuance to individual members, are distributed to the appropriate section, service area, shift, or unit. This copy shall be referred to hereafter as the "Member Copy." 4. Section, service area, shift, and unit commanders: a. Cause a copy to be issued to each member under their supervision; and b. Forward a written report to their division commander insuring each member has received a copy. H. Section, service area, shift, and unit commanders properly annotate the "Office Copy" to reflect additions, deletions, and/or amendments. Members maintain their "Member Copy" in the same manner. 27 .04 .05 I. Request for revision or addition to Standard Operating Procedure Manuals are submitted in writing to the appropriate division commander. J. Amendments to Standard Operating Procedure Manuals are made through the issuance of a Division Order. INDIVIDUAL DIRECTIVES AND INFORMATIVE PUBLICATIONS The following constitutes the formal directive and informative publications of the San Antonio Police Department. A. A "General Order" is a written order issued by the Chief of Police to the entire department establishing policy, rules, or procedures. It contains an effective date and remains in effect until such time that it is rescinded or amended. B. A "Special Order'' is a written order issued by the Chief of Police that defines policy and directs procedure for a special event or situation or for a particular unit. It is effective temporarily and may include a self-canceling statement. C. The "Chief's Memorandum" is a device issued by the Chief of Police used to clarify, inform, inquire, or direct a specific person, unit, or a specified number of persons or units. It may or may not convey an order. D. A "Personnel Order" is a written order issued by the Chief of Police used in personnel matters of: appointments, transfers, promotions, demotions, changes in pay status, reprimands, suspensions, dismissals, retirements, resignations, and restorations to duty. E. A "Training Bulletin" is a document providing written instructional and training material and includes changes in law. F. The "Daily Bulletin" is an instrument issued by the Office of the Chief of Police directed to all members designed to apprise them of information relative to the operation of the department or beneficial to the member or the department. It may or may not contain an order. G. A "Division Order'' is a written order issued by a Division Commander which establishes permanent policy or Standard Operating Procedures for a division directed to personnel within the division. 1. These orders are titled to identify the issuing command. 2. Orders not establishing permanent policy or procedure are issued as "memorandum" and distributed to affected personnel only. · WRITTEN COMMUNICATIONS The following constitutes the formal written communications system of the San Antonio Police Department. A. "Inter-office Memorandum" is a device, originating in and remaining within a particular division, section, or unit. It is used to clarify, inform, inquire, or direct a specific person, unit, or section, or specified number of persons or units. It may or may not convey an order. B. "Inter-office Correspondence" is a written document routed through the chain of command and is used to clarify, inquire, or inform a unit, section, or division outside of the issuing division. C. "Interdepartmental Correspondence" is a device routed through the chain of command and is used to clarify, inquire, or inform another department within the City of San Antonio. 28 • • • • • .06 AUTHORITY TO ISSUE ORDERS A. General Orders and Special Orders are issued by the Chief of Police; however, division commanders may request the Chief of Police to issue a General or Special Order in cases where the cooperation of other divisions is required. B. Chief's Memoranda are Issued by the Chief of Police when General or Special Orders are not ,. required. C. Personnel Orders are prepared at the direction of and with the signature of the Chief of Police. D. Division Orders are issued by Division Commanders to personnel under their command. These orders must conform to, and not conflict with, orders issued by the Chief of Police. These orders have the force of orders issued by the Chief of Police . . 07 DISTRIBUTION, IMPLEMENTATION, AND MAINTENANCE OF ORDERS A. GENERAL ORDERS: 1. The Fiscal Management and Research Section: a. Researches all General Orders to assure there is no conflict with existing policies, rules, procedures, or other General Orders; b. Continually reviews, amends, rescinds, or creates new General Orders, consulting with the appropriate division, section, or unit affected by the order and the Office of the Chief of Police to ensure policies, procedures, and rules are consistent with current administrative, legal, anq procedural principle.;; c. Advises the Chief of Police as to the results of the research and/or review of a General Order; d. Maintains a current chronological file of all issued General Orders cross-indexed by topic; and e. Codifies all issued General Orders and incorporates them in the General Manual at the end of each calendar year. 2. The Office of the Chief of Police: a. Determines if a General Order is issued or returned to Fiscal Management and Research for further research; W liii@t®:llllltiriilllllfl; ~; ll@m!~fiWiiK Q!!~l»l~!i!I §lll~!II PV §faf@IJA-11:tlll111-ililt\lWllll-1 119 ! 3. The Training Academy Section conducts necessary training to clarify or instruct members in reference to General Orders. B. SPECIAL ORDERS AND CHIEF'S MEMORANDUM 1. Special Orders and Chief's Memorandum are issued to the affected division, section, unit, or personnel through the chain of command, and a copy is routed to the Fiscal Management and Research Section. 29 C. D. 2. Individual divisions may be called upon to assist in the formulation of plans for special events covered by a Special Order. 3. The Fiscal Management and Research Section maintains a current chronological file of Special Orders and Chief's Memorandum. PERSONNEL ORDERS 1. Personnel Orders are issued to the affected individual(s) through the chain of command. 2. A copy is routed to the Accounting, Budget, and Personnel Unit to perform all pertinent administrative personnel functions relative to the order. DIVISION ORDERS 1. Division Orders are submitted to the Fiscal Management and Research Section. 2. The Fiscal Management and Research Section researches and reviews all Division Orders to ensure there is no conflict with existing rules, regulations, policies, procedures, or orders. 3. The Fiscal Management and Research Section advises the Chief of Police of the results of the research regarding Division Orders. 4. The Chief of Police determines if the Division Order is issued or returned for further research. 5. Approved Division Orders are issued to the appropriate section, shift, and/or unit. 6. Section, Shift, and/or Unit Commanders distribute copies of the order to the appropriate personnel under their command. 7. Issued Division Orders are routed to the Fiscal Management and Research Section which maintains a current file. 8. Division, Section, and/or Unit Commanders maintain a current file of all Division Orders affecting personnel under their command. 9. Division Orders which establish Standard Operating Procedures are incorporated in Standard Operating Procedure Manuals at the division, section, and/or unit levels as applicable . . 08 DISTRIBUTION AND MAINTENANCE OF INFORMATIVE PUBLICATIONS A. Training Bulletins 1. The Training Academy Section prepares all Training Bulletins and routes them to the Fiscal Management and Research Section. 2. The Fiscal Management and Research Section researches and reviews all Training Bulletins to ensure there is no conflict with existing rules, regulations, policies, procedures, or orders. 3. The Fiscal Management and Research Section advises the Chief of Police of the results of the research regarding the Training Bulletin. 4. The Chief of Police determines if the Training Bulletin is published or returned for further research. 30 • • ·~ • .09 • ~ - a~:1: 1 : i:ti:•2x~rrr~i,moot !?@"~ti00:I lr~ff 6. i tIJ1:1:1eqm@1~: JrtJn1:J1 ;mi::i§@"m~nt@t § i'.Illtlll(~lll llillllllllrdrrli~i§n!f!'.!~Rm~,§ij/j §ffi!Sij~f~i The Fiscal Management and Research Section maintains a current file of all issued Training Bulletins. 8. Daily Bulletin 1. The Dai_ ly Bulletin is compiled under the authority of the Chief of Police. 2. Information relative to either the operation of the department or the benefit of the members of the department is submitted through the chain of command to the Office of the Chief of Police. The Chief of Police determines if the information is appropriate to be nilQgijq in the Daily B_ ulletin. - ················ ····· - ...... -.·.-.... _ 3. The Daily Bulletin may or may not contain Training Bulletins, Special Orders, or Personnel Orders. l ?]:I:II}Jl~i/ ~Wia1mnm.1n:J!l )~flM.rffiit~~W:::@Jmn§4ffig} fg( ~it@rmtiffiN~~ltnlJJmU?:'=~::§Ym.fffi~ 5. Members are reminded of Section 3.09 of the Rules and Regulations of the San Antonio Police Department which states, "Members are responsible for reading the Department's Daily Bulletin prior to the beginning of their tour of duty. Departmental personnel returning to duty after any absence shall read all directives published during their absence, prior to returning to duty;" ~ ;rnmrnli i~ if (liltlf llllil f lllLtl1 l!ii 1 i il(i11 1 z 1 111 m 1 lill!IIIB' lilllllllllllllllltBIIIJIIIRliill !P9iii~P'=it !t@tiyj~J1;~1: J2t@w4twiinl8~: qm~Pm!Pn\Jit: mnm.1m~m~ ijt11i:rn11rnttt: Jirmwixi:~¥mtmJm!mtirm::1t~2tr~l ::$nreme1es!s~m: m1:::eE~EBi!!tt ~i!t~rw~tamm::n!!J~ 111111111l~lll1 B\l[tl!ltllllilililllllilllf ijiltil[III Yni:e"~m.tffl!::tlm!:l:9:f:::i9.lt/~fil1%1 1 t.0PH!!!~l9.§1: ?A!1 AMENDING OR RESCINDING DIRECTIVES A. The authority to amend and/or rescind directives is restricted to those offices, commanders, or sections authorized to issue the original directive. 8. c. To amend or rescind a directive, a directive of the same classification must be issued. ( A General Order is issued to amend/rescind a General Order, etc.) Special Orders are self-canceling, as indicated in the body of the order. D. Personnel Orders are self-canceling as they take effect. E. General Orders are rescinded and/ or amended at the time of issuance and subsequent publication in the Daily Bulletin and/or General Manual. 31 .10 FORMAT FOR DIRECTIVES AND WRITTEN COMMUNICATIONS A. All directives are numbered in series corresponding to the year of issuance; i.e., General Order 89-1, where the first two digits represent the year of issuance and the third and subsequent digits represent the sequence in which the directive falls. B. Division Orders are given the title of the issuing division; (i.e., Patrol Division, Order 89-1). C. All procedures are written in the standard outline form. D. Inter-Office Correspondence is prepared on the existing S.A.P.D. Form No. 65 or an acceptable computer generated facsimile. E. Interdepartmental Correspondence is prepared on the pre-printed City of San Antonio form or an acceptable computer generated facsimile . . 11 COLOR CODE AND ROUTING OF DIRECTIVES AND INFORMATIVE PUBLICATIONS The following color codes are used to promote orderly preparation, dissemination, and filing of S.A.P.D. • • ., directives and informative publications. • A. General Orders are printed on light blue paper and routed to: 1. File; 2. Fiscal Management and Research Section; 3. Division Commanders; and 4. Training Academy Section. B. Special Orders are printed on light pink paper and routed to: 1. File; 2. Fiscal Management and Research Section; and 3. Units and/or Individuals affected, through the chain of command. C. Personnel Orders are printed on light green paper and routed to: 1. File; 2. Fiscal Management and Research Section; 3. Accounting, Budget, and Personnel Unit; and 4. Individuals affected, through the chain of command. D. Chief's Memorandum are printed on light yellow paper and routed to: 1. File; and 2. Units and individuals affected, through the chain of command. 32 • . • • • l I • ! • • i , l , l• I ~ ~ .. • k' ~ - I E. Training Bulletins are printed on white 20# bond paper and routed to: F. 1. File; 2. Office of the Chief of Police; 3. Fiscal Management and Research Section; and !~]HIIIIIPMffl§§!:!-m.iniUirni t§fig~f:§fif:m t: e ~:\IIIIIHn§HHj]Elit m.l::!P:1!!¥: J~ffl!ilffi Division Orders are printed on white 20# bond paper and routed to: 1. File; 2. Office of the Chief of Police; 3. Fiscal Management and Research Section; and 4. Sections, shifts, and/or units affected. 33 .01 • • • • UNIT FUNCTIONS A. OFFICE OF THE CHIEF (COP) The Chief of Police in San Antonio is responsible for the effective performance and overall management of the department. He ensures maximum possible responsiveness to community needs for police services. The Chief also develops and proposes programs and policies to the City Manager which he deems necessary to maintain a modern, efficient, and effective Police Department. 1. LEGAL ADVISOR (CLA) The Legal Advisor for the San Antonio Police Department is provided by the labor relations section of the City Attorney's Office. The Legal advisor provides the department with legal opinions and assistance necessary to perform the law enforcement function. 2. EXECUTIVE OFFICER (CXO) The Executive Officer assists the Chief of Police with administrative tasks and helps coordinate internal activities with other police and criminal justice agencies. He is directly responsible to the Chief of Police. a. b. C. d . PUBLIC INFORMATION OFFICE (XPI) The Public Information Office, under the supervision of a Sergeant, is responsible for disseminating information to the public and the media concerning the department's mission, goals, and activities. OFF-DUTY EMPLOYMENT (XOD) The Off-Duty Employment Unit, under the supervision of a Sergeant, is responsible for administering the Off-Duty Employment Program. Duties involve assigning officers on a rotating basis to city facilities for the purpose of providing security, crowd control, and other police-related activities. INTELLIGENCE UNIT (XIN) The Intelligence Unit, directed by a Lieutenant, is an information collection and distribution unit that is concerned primarily with organized crime, threats to public officials, terrorists activities, and known major offenders. It also provides assistance to other police units in gathering and/or confirming information on criminal activity. It also has responsibility for dignitary protection. APPLICANT PROCESSING (XAA) The Applicant Processing Unit, under the supervision of a Sergeant, interviews, conducts background investigations, and prepares files on all police applicants. In addition, applicants are scheduled for the department's Polygraph Examination Unit for verification of pertinent information. 35 3. (1). POLYGRAPH EXAMINATION (XPG) This unit, under the supervision of the Applicant Processing supervisor, is composed of officer technicians trained in the use of scientific devices designed to detect deception. In addition to the pre-employment examination of all potential police officers, this unit is instrumental in verifying information received from complainants and suspects. (2). RECRUITING UNIT (XRE) This unit is responsible for recruiting qualified applicants for the position of police officer and aids in the affirmative action recruiting efforts of the Police Department. e. EXECUTIVE PROTECTION UNIT (XEP) The purpose of the Executive Protection Unit is to provide protection for the elected city officials and to provide security for City Hall. The unit is supervised by a Sergeant and is subject to special assignments originating in the Chief's office. FISCAL MANAGEMENT AND RESEARCH (CFM) The Fiscal Management and Research Section, under the command of a Captain is responsible for fiscal management within the police department. This section is composed. of several units which coordinate their activities to establish and maintain budgetary accountability to the Chief of Police. The commander of this section is directly responsible to the Chief of Police to ensure fiscal accountability and long range strategic planning. a. RESEARCH AND PLANNING UNIT (FRP) The Research and Planning Unit, under the direction of a Lieutenant, is responsible for assisting the Chief of Police in developing the goals and objectives of the department, and for establishing methods for their accomplishment in the most efficient and effective manner possible. It develops the organizational plan, defines the duties of each departmental unit, and coordinate the staffing plan. It provides support services, management assistance, and evaluates special and ongoing departmental programs. Specific functions include patrol deployment and staffing, manpower allocation and distribution, research, statistical analysis, forms control, ;jj~;i;ij;;; f ti§;ic services. lffil) Jmi!M ifI™19.ii!iH it! !:!§tlij@!!.!1:!fil! (1 ). CRIME ANALYSIS (FCA) • • ~ l • J ' 4 'J ., ' • .1 , ' l 1 ·l The Crime Analysis Section, under the supervision of a Sergeant, provides • rapid identification of developing trends in criminal activity within the department's jurisdiction. Through immediate dissemination of information regarding current crime patterns, operation units are alerted in order that they might deal effectively with the problem. The unit also provides a forum in which the various operation units are afforded an opportunity to exchange ideas and tactical information. 36 I ~ r . b. c. d. t · e. INTERNAL AUDIT (FIA) The Internal Audit Unit, under the command of the Captain of Fiscal Management and Research Section, has responsibility for the inspection, monitoring, and review of operational and fiscal functions within the department. Operating under the authority of the Office of the Chief, the unit's goals include: the evaluation, development, and maintenance of effective management practices; consistent compliance with departmental policies and procedures; and identification and ~:;.;w;;;;~ 11 l!;I~J~q~1£~JIIPnm1eim1 !1m19ggn r!&t~mQ1 ~ INFORMATION SYSTEMS PLANNING UNIT (FIS) The Information Systems Planning Unit, under the direction of a civilian manager, is responsible for the planning, budgeting, implementation, and operational monitoring of all automated information systems for the San Antonio Police Department. This unit is also responsible for management of ordering, installation, inventory, and maintenance of all Department computer systems hardware and software, to include Mobile Data Terminals (MDTs), personal computers, terminals, and printers. ACCOUNTING, BUDGET, AND PERSONNEL (FAB) The Accounting, Budget, and Personnel Unit, under the direction of a civilian · director, is responsible for the development of the annual budget; monitoring and controlling budget expenditures; preparing the long range financial plan for the purchase, control, and the issuance of all police equipment; handling workman's compensation claims for on-duty injury cases; and for police department timekeeping and payroll activities. This unit is also responsible for liaison and coordination with City Budget and Research personnel. The Personnel Unit (FPA) is responsible for policy formulation in all areas of human resources, administration of civilian and sworn personnel, performance appraisal systems, maintenance of automated personnel information system, coordination of skill/education inventory system, coordination of classification actions, administration of the exit interview program, development of recruitment and selection of applicants, and serves as Career Activities personnel liaison. Career Activity Unit (FCA) is responsible for ensuring that departmental transfers of officers between divisions are handled according to established policy and procedure. ASSET SEIZURES (FAS) The Asset Seizure Unit, supervised by a sergeant, is responsible for maintaining an inventory of all seized property which is kept in the police property room. This unit also filas all. cases concerning Asset Seizures with the District Attorney's Office. Along with these duties the officer(s) assigned to this unit maintain control over all seized property and the dissemination of such property. Grants Administration (FGA), is responsible for researching and developing Federal and State applications for selective programs. This unit assists individual project directors and ensures that funds obtained through specific grants are managed according to established fiscal procedures. 37 4. INTERNAL AFFAIRS (CIA) 5. The Internal Affairs Section, under the direction of a Lieutenant, as a representative of the Chief of Police, performs departmental inspections regarding individual compliance with operating procedures and regulations. This unit is also responsible for investigating complaints against officers, and for responding to calls that may result in complaints being made. NIGHT AND EVENING CHIEFS (CNC) The Night and Evening Chiefs, of the rank of Deputy Chief, operate under the direction of the Chief of Police and are responsible for the operation of the department during their duty hours. These Deputy Chiefs also conduct specific assignments originating from the Office of the Chief. 1. CENTRAL SERVICE AREA (CSA) This patrol command, under the command of a Captain, is charged with the responsibility of patrolling the Central Service Area of the city, responding to all dispatched calls, properly processing complaints, investigating offenses, and arresting offenders. The command is additionally divided into three platoons (shifts - CPA, CPB, CPC), each supervised by a • -~ -~ • police Lieutenant. • Qijtjy}~tgmµr.ftif§ffl¥!¢11I (@§§l 2. SOUTH SERVICE AREA (SSA) This patrol command,' under the command of a Captain, is charged with the responsibility of patrolling the South Service Area of the city, responding to all dispatched calls, properly processing complaints, investigating offenses, and arresting offenders. The command is additionally divided into _ three platoons (shifts - SPA, SPB, SPC), each supervised by a police Lieutenant. 9 9 HUiJi§mmYnif2iooEiiI J§P:§) 38 • • • • • • • 3 . 4. 5. EAST SERVICE AREA (ESA) · This patrol command, under the command of a Captain, Is charged with the responsibility of patrolling the East Service Area of the city, responding to all dispatched calls, properly processing complaints, investigating offenses, and arresting offenders. The command is additionally divided into three platoons (shifts - EPA, EPB, EPC), each supervised by a police Lieutenant. fl@:i:BmHn1™::sm11ii:im@11 IIIJlllltaA7111jf&\I NORTH SERVICE AREA (NSA) This patrol command, under the command of a Captain, is charged with the responsibility of patrolling the North Service Area of the city, responding to all dispatched calls, properly processing complaints, investigating offenses, and arresting offenders. The command is additionally divided into three platoons (shifts - NPA, NPB, NPC), each supervised by a police Lieutenant. ~mtt: BmMntw:::§mN!lf~f::(N§§l rrv,r: g§mmmlJt §too1tit: 1n~2ti:Jln~t11:: ~r : 1!rtJmt2nt: inP:N.9(: mt!!IJm~tm!wtPBi~r! llll11111.llll'-1116'1i'llllllll lllilll! lllllr1IIIII lfig: jgl!llivi!iil:i22e!itwi::mim1.!l:J9::1B, ::12mm4PW-lllifi~;[l ggP@t,1m!Ql[§§~rei~ WEST SERVICE AREA fNSA) This patrol command, under the command of a Captain, is charged with the responsibility of patrolling the West Service Area of the city, responding to all dispatched calls, properly processing complaints, investigation of offenses, and arresting offenders. The command is additionally divided into three platoons (shifts - WPA, WPB, WPC), each supervised by a police Lieutenant. W:!i:l:BmHn!f:i:§!&iP.ei::::rtV9R): ,11111~111111 11111 6. NORTHWEST SERVICE AREA (PSA) This patrol command, under the command of Captain, is charged with the responsibility of patrolling the Northwest Service Area of the city, responding to all dispatched calls, properly processing complaints, investigation of offenses and arresting offenders. The command is additionally divided into three platoons (shifts PPA, PPB, PPC,) each supervised by a police Lieutenant. 39 N§UfiW~t! ~§m.mHrW,f§~i:s~i/(R&:§} t~ltl!l/fRITB@tr §QBflQflJT §sQBQtfftl(R§§) a. SPECIAL OPERATIONS UNIT (PSO) The Special Operations Unit, directed by a Lieutenant, is a highly flexible, specially • • • selected and trained compliment of uniformed officers. Selected line officers of this � unit also function as members of the S.W.A.T. team, which is on call twenty-four • . (24) hours a day. b. K-9 (PK9) C. d. The K-9 Unit, under the supervision of a Sergeant, is responsible for assisting officers in the field in the apprehension of suspects, the recovery of property including narcotics, and the location of missing persons. This unit works a night shift but remains on call twenty-four (24) hours day. BOMB SQUAD (PBS). The Bomb Squad responds to all incidents involving explosive devices, including bomb threats. It also conducts training for police personnel, and has a public safety information project for all citizens. COURT LIAISON UNIT (PCL) The Court Liaison Unit (PCL), acting under the direction of the commander of Patrol Support Section coordinates court appearances of San Antonio Police Department personnel. This unit assists the courts by ensuring that needed officers are present, and the necessary police reports are available. e. DOWNTOWN FOOT PATROL (PFP) The Downtown Foot Patrol Unit, directed by a Lieutenant, augments the efforts of the patrol shifts in the downtown section and certain other designated areas. This unit, while providing a high degree of visibility in the assigned foot patrol beats, checks problem areas and assists other units as necessary on two shifts (PFD and PFN). f flEll!llRAH~I tlNPPM~~!l\(PE 40 • , •. • • • g( III:IlI:~N§: ] 4Nn?t: : Je@g): llll&IITilll 1111111 11111 1ili RIIIIB!li\lt l'II illitllllrlill!{l llilPYilll The Traffic Division, under the command of a Deputy Chief, provides for community traffic safety through education and enforcement. It augments the basic police tasks, as performed by other field operations divisions. Through the use of specialized units, the division commander's office functionally performs operational planning and implementation for special events and unusual occurrences. The Deputy Chief of this Division reports to the Chief of Police. The Captain is responsible for assisting the .Deputy Chief i,:1 regulating the flow of traffic, reducing the number of accidents through selective enforcement, patrols the city's freeway system and provides traffic and crowd control during special events. This section also acts as liaison between the department and outside agencies in all traffic and transportation matters. 1. TRAFFIC CONTROL (TCD) & (TCE) Two tra!fic control units, each under the direction of a peutenant, are responsible for the investigation of traffic accidents, traffic enforcement in selected geographical areas, crowd control during special events and assistance during unusual occurrences. These units also assist other field operations division officers. 2. D.W.I. ENFORCEMENT (TDW) 3. 4. 5. The D.W.I. Enforcement Unit, under the supervision of a Sergeant, is responsible for detection, arrest, and processing of intoxicated drivers. Officers are assigned to control the D.W.I. problem geographically during the hours of the day in which it is determined that the problem exists. TRAFFIC INVESTIGATION (TIN) The Traffic Investigation Unit, under the supervision of a Sergeant, conducts the follow-up investigation and enforcement in traffic accidents involving fatalities, injuries, and/or hit-and-run. Offenses involving driving while intoxicated and driving while license suspended are also handled by this unit. Personnel from this unit also review accident reports to ensure that departmental standards are met. HELICOPTER (THC) The Helicopter Unit, under the supervision of a Sergeant, operate and act as crew members on the department's aircraft. This unit is responsible for daytime surveillance, aerial photography, pollution patrol, and display activities. The unit also monitors freeway traffic patterns and provides special services during parades and unusual occurrences. TRAFFIC ANALYSIS (TT A) Traffic Analysis, currently staffed with civilian personnel, this unit tracks accident activities throughout the city, providing close coordination with the City Public Works Department in recommending improvements to the traffic pa!!erns, streets and intersections. Utilizing comprehensive statistical analysis, information is evaluated and utilized in designating areas of the city for selective enforcement. The unit also provides traffic related information to the City Council and staff. 41 D. INVESTIGATIONS DIVISION (IDC) The Investigation Division, under the command of a Deputy Chief, is responsible for the follow-up investigations and case management of all crimes against persons and property committed within the department's jurisdiction. It also detects and suppresses illegal narcotic and vice conditions. The deputy chief commanding this Division reports to the Chief of Police. 1. CRIMES SECTION (ICS) The Crimes Section, commanded by a Captain, has investigative and case management responsibility for offenses against persons and general investigations during evening and late night hours. It consists of four criminal investigation units: Homicide, Robbery, Evidence, and Night Detectives. a. HOMICIDE {ICH) The Homicide Unit, directed by a Lieutenant, has investigative and case management responsibility for all forms of murder, assault, sex offenses, death • • • cases, offenses against children, kidnapping, threats, bigamy, and resisting arrest. • The unit also investigates incidents in which an individual is shot by an officer of b. the San Antonio Police Department. The Sex Crimes Unit (IHS), acting under the direction of the Homicide Lieutenant, is supervised by a · Sergeant, and is responsible for the investigation and case management of all sex related crimes, bigamy, offenses against children. ROBBERY (ICR) The Robbery Unit, directed by a Lieutenant, has investigative and case management responsibilities for all robberies, unlawfully carrying of weapons, purse snatchings, extortion, and requests for investigative assistance from other jurisdictions. • c. EVIDENCE (ICE) d. e. The Evidence Unit, directed by a Lieutenant, is responsible for evaluating and searching the crime scene and then utilizing the proper techniques to identify, collect, preserve and document all physical evidence and circumstances which • result in deat, serious injury, robbery, burglary, certain felony thefts, and other major felony crimes. The unit also reports and photographs all accidents involving city vehicles and operates the Mobile Evidence Unit and the specialized equipment it contains. NIGHT DETECTIVES (IND) The Night Detective· Unit, supervised by Sergeants, provides the necessary investigative support related to felony reports received during their shifts. They also assist and augment the day shift detectives. YOUTH SERVICES (IYS) The Youth Services Unit, directed by a Lieutenant, investigates matters pertaining to juvenile crime and delinquency. This unit also processes juveniles apprehended by members of the department, makes referrals to other community agencies dealing with youthful offenders, receives, investigates and clears missing person • • reports, and handles the transmission of juvenile related emergency messages • when it is determined that police involvement is required. 42 • • 2. • ~ - r • � 3. ~ - ..,. ~ � ( I •• ~ f. CRIME PREVENTION (ICP) The Crime Prevention Unit, under the supervision of a Sergeant, provides an intensive effort to coordinate a crime prevention program to reduce all types of preventable crime. The units activities range from conducting residence and business security surveys to providing training and educational presentations to civic, professional and governmental groups. A comprehensive crime prevention library is maintained with pamphlets and brochures available for distribution. SPECIAL INVESTIGATIONS (ISi) The Special Investigations Section, commanded by a Captain, specializes in the detection and suppression of illegal narcotic and vice conditions. It is divided into the Narcotics and Vice Units. a. b . VICE (ISV1) & (ISV2) The Vice Unit, directed by a Lieutenant, is charged with the enforcement of state and federal statutes and city ordinances pertaining to prostitution, gambling, pornography, alcoholic beverages, massage parlors and pool halls. It also processes applications for beer, billiard hall, massage parlor and masseur licenses. It shares enforcement responsibility for liquor law violations with the Texas Department of Alcoholic Beverage Commission. NARCOTICS (ISN1) & (ISN2) The Narcotics Unit, directed by a Lieutenant, is responsible for enforcement of all drug laws under the Texas Controlled Substance Act, and for any necessary follow-up work on arrests of this type. The unit works in close cooperation with the Federal Drug Enforcement Administration, F.B.I., State, and other law enforcement agencies. It also serves in a referral capacity for individuals seeking assistance in coping with drug addiction. PROPERTY CRIMES (IPC) The Property Crimes Section, commanded by a Captain, has investigative responsibility for all offenses against property. It consists of four investigative units: R.O.P., Burglary, Theft, and Case Analysis. a. REPEAT OFFENDER PROGRAM (IR01) & (IR02) b. c. The Repeat Offender Program, directed by a Lieutenant, is a special task force directed at the habitual criminal. The objectives of this specialized group are to identify, target and arrest repeat offenders, and recover and/or seize stolen property, narcotics, and other contraband. BURGLARY (IPB) The Burglary Unit, directed by a Lieutenant, . has investigative and case management responsibility for residential and business burglaries, criminal trespass cases, lost and found property, criminal mischief, and pawn shop inspections . THEFT (IPT) The Theft Unit, directed by a Lieutenant, has investigative and case management responsibility for all offenses of theft. It consists of a general theft unit, motor vehicle theft and identification unit, and forgery unit. 43 E. d. (1 ). MOTOR VEHICLE THEFT (IVT) The Motor Vehicle Theft and Identification Unit, under the supervision of a Sergeant, has investigative and case management responsibility for all motorized vehicle thefts. It also inspects salvage yards for stolen vehicles and parts. (2). FORGERY (ITF) The Forgery Unit, under the supervision of a Sergeant, has investigative and case management responsibility for all check forgeries, credit card abuse cases, and counterfeit offenses. (3). SPECIAL CRIMES (ISC) The Special Crimes Unit, under the superv1s1on of a Sergeant, has investigative and case management responsibility for all embezzlement, official integrity cases, and major fraud. CASE ANALYSIS (ICA) The Case Analysis Unit is responsible for the diversional case screening system and general analysis of offenses potentially connected to the case screening process. SUPPORT SERVICES DIVISION (SOC) The Support Services Division, commanded by a Deputy Chief, is responsible for the administrative and technical services function of the department. This division is specifically responsible for the Services Administration, Community Services, Records, Headquarters, Training Academy, and Psychological Services. The deputy chief commanding this division reports to the Chief of Police. 1. SERVICES ADMINISTRATION (SAU) . • • • This section is responsible for the supervision of all projects involving the construction, renovation, remodeling, physical maintenance and repair of publicly owned or leased facilities by the police department. In addition, this unit is responsible for long range space planning and space allocation within all police department properties and the lease, purchase or other acquisition of all real property. All requests for new, additional, or the • upgrading of telecommunications equipment are the responsibility of this section. a. SPECIAL AND CAPITAL PROJECTS (SSP) This unit is responsible for following through on those objectives established by the Services Administration Section. This unit is responsible for lease negotiations, • b. projects involving bond funds and Implementation of policy set forth by the Chief, such as activating a new unit within the department. This unit also handles all new construction and property acquisition. ASSET MANAGEMENT AND _ INVENTORY CONTROL (SIC) This unit is responsible for the management of physical assets belonging to this department and ensuring accountability within the department for the control of inventory .. 44 • • • 2. • • • 3. c . FACILITIES MANAGEMENT (SFM) This unit ls responsible for the supervision of all projects involving the construction, renovating, remodeling, physical maintenance, and repair of ·publicly owned facilities occupied by the Police Department. This unit also manages and coordinates all other unused space controlled by the Police Department. TRAINING ACADEMY {STA) The Training Academy Section, commanded by a Captain, conducts the basic police training program for recruit police personnel, provides for in-service and specialized training, maintains the police audiovisual training center and supervises, and coordinates all other training programs within the department. The academy also maintains complete certification records for the Texas Commission on Law Enforcement Officer Standards and Education. a. b. FIELD TRAINING OFFICER UNIT {STO) The Field Training Officer Unit, under the direction of a Lieutenant, is responsible for the management of the F.T.O. program, the recruitment of qualified field training officers, and the placement of graduating cadets to these officers. ARMORY AND SUPPLY (SAM) The Armory and Supply Unit, under the supervision of the departmental armorer, is responsible for purchases, maintaining, storing, and distributing all weapons, riot control chemicals, and ammunition. The armorer is also responsible for weapon repair /replacement, and provides technical evaluation of new products as requested. OPERATIONAL SUPPORT (SOS) The Operational Support Section, commanded by a Captain, is responsible for the general ii-1-iir:i~~;.lcatlons, burglar alarm unit, §!ffli!t ~lffilffil!§iiit&l!:!Je!§ a. COMMUNICATIONS (SHC) The Communications Unit; directed by a Lieutenant, is responsible for the receiving, relaying, processing, and recording of information necessary to provide police services as they are required. Designated as the manager of the community's universal emergency telephone number {911 ), the unit screens the requests for emergency services from citizens of 25 incorporated areas and from the unincorporated portions of Bexar County. Through the expediter system, a relatively large number of citizen's requests for service are processed over the telephone, utilizing sworn personnel assigned to the section, thus eliminating the necessity to dispatch units from the field. 45 • • c. GROUND TRANSPORTATION UNIT (SGT) The Ground Transportation Unit, Under the supervision of a civilian, is responsible • for regulating and enforcing vehicle for hire rates and service to protect public health and safety and promote public convenience and necessity pursuant to Chapter 33 of the City Code. Major program functions include licensing of drivers, inspection of vehicles, investigation of complaints, development of a driver training program, issuance of permit/license suspensions and revocations and issuing violation citations. • 4. ADMINISTRATIVE SUPPORT (SAS) 5. The Administrative Support Section, under the command of a captain, is responsible for the general supervision of the Property Room and \{gfjk;l,~{$f§@®/tfrjJJ. This section also oversees the administration of the contract wrecker··servfces· _- ···················· e a. PROPERTY ROOM (SHP) The police Property Room, under the supervision of a $.lffiffiffl., is responsible for the custody of all personal, found, recovered, and evideri" tiary property (except impounded vehicles and bicycles). E.1W i6.ff.($.G®.r.M~$$.$.#~µi¢Q~jC t.ffi.~ft.®. This • unit also prepares auctions of unclaimecfiirtic"i"e"s""a"ncf hi ac· cciunfabfe·for" ffie·funds collected at these auctions. b. VEHICLE STORAGE (SHV) & (SHN) The Vehicle Storage Unit, directed by a Lieutenant, impounds and releases all • wrecked, abandoned, recovered stolen, prisoners' vehicles, and other vehicles involved with police investigations. This unit also conducts monthly auctions of unclaimed vehicles left at the pound. RECORDS (SAS) • The Records Section, commanded by a Captain, consists of general records, identification, photo services, latent prints, the security services desk, and the report message center. Among other duties, personnel in this section store and retrieve police reports and develop and maintain criminal history record files. Specialist in this section classify fingerprints and examine latent prints in order to identify suspects. Data from police reports are entered into the information system, processed, and made available to follow-up units and the general • public. a. GENERAL RECORDS (SAG) The General Records Unit, under the supervision of an Administrative Assistant, reproduces, stores, microfilms, retrieves and distributes all police reports. The unit also prepares special statistical reports including the Uniform Crime Report (UCR), and provides, at cost, the public portions of offense and accident reports. 46 • • • • , i ~ - " r ~ f 6. ~- • < I l � l b. IDENTIFICATION AND LATENT PRINTS (SRI) C • d. The Identification and Latent Prints Unit, under the supervision of a Sergeant, maintains all records of jail arrests made by the department. It also classifies and preserves fingerprints of arrested persons, examines, evaluates, and stores all latent print evidence and provides expert testimony of specialists in this field at appropriate judicial proceedings. Technicians are available at all hours to record , rolled Impressions of .suspects' fingerprints for either Immediate examination to determine identity or for future examination to establish a suspect's presence at a crime scene through latent print evidence. PHOTO SERVICES (SAP) The Photo Services Unit, supervised by a civilian, furnishes scientific services which aid in crime detection and criminal identification. This is accomplished by the timely application of photographic science and technology in the recording, examination and analysis of physical evidence. This unit provides assistance to uniformed investigators on evidence related matters. Peripheral duties include research and development of new methods and technology in forensic science and furnishing services to other law enforcement agencies in the AACOG area on a fee basis, as specified by city ordinance. SERVICE AGENTS (SRA) The Police Service Agents Unit, supervised by the Service Agent Administrator, and staffed by civilian personnel, is responsible for front desk duties at the five Police Department Service Area substations. These civilian personnel perform the following . duties; walk-in requests for service, answering telephones, delivering messages, report entry, order and maintain supplies, building security, communications, and prepare and process certain types of police reports and expedite some categories of reports. e. SECURITY SERVICES DESK (SSD) The Security Services Desk, under the supervision of the Service Agent Administrator, is responsible for receiving and coding offense reports prior to entry by the Report Message. Center. This unit sends, receives, and disseminates teletype messages, maintains the public address system, answers telephone inquiries from the public, serves as the general information desk in the lobby, and is the central security station for the Headquarters Building. PSYCHOLOGICAL SERVICES (SPS) Psychological Services is currently staffed by a Psychologist who provides testing and evaluation services, counseling skills, consultation information, teaching input and crisis intervention services to the department's officers, their families and all levels of supervisory and administrative personnel. These services are provided in areas such as personal growth and problem solving, stress management, family crisis, applicant processing, and organizational development and management. 47 7. SCHOOL SERVICES (SSS) • The School Services Unit, under the direction of a Lieutenant, provides training and supervision for the School Crossing Guard Program. Officers are also assigned to patrol school zones and provide traffic enforcement in those areas as requested. This unit also provides safety presentations to school children along with other programs such as the Bicycle Rodeo. Additional responsibilities Include the administration of drug education and :. demand reduction programs, I.e., Drug Abuse Resistance Education program (D.A.R.E.) and • Alamo City Heat. Officers assigned to these programs conduct presentations at area schools on the dangers of substance abuse . . 02 COMMAND STRUCTURE A. ACTING CHIEF OF POLICE 1. On any occasion in which the Chief of Police is absent from the City, or when he is for any reason unable to perform the duties of his office, the City Manager appoints, for a temporary period, an Acting Chief of Police from the sworn members of the Department. 2. In the interim period, between the time it becomes necessary to appoint an Acting Chief and the time the City Manager fills this position, an interim Acting Chief is designated. Selection of the interim Acting Chief is by appointment of the Chief of Police. 3. An Acting Chief of Police exercises all of the powers and performs all of the duties of the_ Chief of Police. 4. An Acting Chief of Police, during his temporary tenure as Acting Chief, accumulates seniority and leave and occupies the civil service status of his permanent rank. 5. An officer serving as Acting Chief of Police may be relieved from service by the City Manager. B. NIGHT, EVENING, AND WEEKEND COMMAND 1. Two (2) Deputy Chiefs are assigned by the Chief of Police to provide for the command of the Department during the evenings, nights, and weekends. The Evening Commander is assigned between the hours of 1600 and 2400. The Night Commander is assigned between the hours of 2400 and 0800. These Deputy Chiefs are assigned to ensure proper authority for unusual and important decisions when needed. 2. These Commanders when on-duty are notified immediately under the following circumstances: a. An officer is killed or seriously injured or when an officer kills or seriously injures another person (under such circumstances, he notifies the Chief of Police); b. There are cases involving serious complaints or misconduct, or any natural or man-made disaster that requires the utilization of off-duty personnel; and at all times he notifies the Chief; and c. Other serious situations not specifically mentioned, but which have circumstances which seem to indicate such attention is necessary. 3. These Commanders take whatever action is warranted by the situation and in the absence of the Chief of Police, notify the City Manager if the situation is of intense public interest. 4. These Commanders are authorized to muster off-duty personnel or to initiate special investigations. 48 • • -~ !- • '-< ! ,. ~- ~ I, " ~- ~ I ' ~ I ~ . ~ i,. C. OFFICER-IN-CHARGE (OIC) 1. The ranking officer on-duty is In charge of all officers, regardless of their unit. 2. a. If several officers of the same rank are on-duty, the ranking officer assigned to any Patrol Divisions is considered the ranking officer, except at the scene of a crime. At crime scenes, Investigation Division officers supersede equivalent rank in other divisions because of their responsibility for filing criminal cases. b. Division Commanders set a priority of command in their own Division to be effective when more than one officer of the same grade is on-duty. The ranking officer on-duty is notified of all situations which ordinarily would be called to the attention of the Chief of Police. a. He decides whether to notify other command personnel and in turn the Chief of Police and City Manager. b. It is also the responsibility of the ranking officer on-duty to periodically check all parts of the headquarters in which there may be police activity. c. The keys to police headquarters remain in the personal custody of the OIC on-duty and are handed by him to the OIC relieving. d. · A report covering any unusual activity or serious incident during the OIC's tour of duty is forwarded to the Office of the Chief of Police prior to the beginning of the next business day. e. The OIC remains constantly in touch with headquarters, and is instantly available. D. UNITY OF COMMAND 1. Rank at the scene .of a crime, police incident, or any police operation follows rank in the Department, except that rank in the Investigation Division, supersedes equivalent rank in other divisions at the scene of a crime. This does not relieve other supervisory officers of their responsibility to supervise and maintain control of other officers at the scene. 2. While the ranking officer is in charge at the scene of any police operation, officers above the rank of Sergeant may delegate all or part of their duties to a subordinate. E. CHAIN OF COMMAND 1 . The chain of command, by rank, in the Department follows the below order: a. Chief of Police; b. Deputy Chief; C. Captain; d. Lieutenant; e. Sergeant; f. Detective Investigator; and g. Patrol Officer. 49 2. The chain of command is followed by all officers when they wish to communicate with officers of higher rank. a. The rank of Detective-Investigator Is not a supervisory rank and the Patrolman's next in command is the Sergeant. b. The chain of command may be by-passed in emergency situations. 50 • • • • • • • • --l(""'l---••,. .. -,....,._-,, •• ..., ... ...... -,\MC ... O•a...,-r"'l •"wo ••-"'1 , "XX:::"ll � .-.o"w .. ~ , ~,(~W"'~ . •!'-"-~~-,•n•••---,wr,w,-,u~• .~--._~•U'W'•••---..-,-.:w,...u., •., .•,_.--w7 ....-..,,.--- , - ~, ~.~ ... - .- ..,-.....-...---- • W- • • • ,.....-• -rcv• ! SOI.mi PA'TROL A ! I SPA ISOUTH pi:,'fNJL B SPB I VES'i PATROL A I 1 n VP .. . Wes/ Sarv/oe LL VEST PATROL e j /Ir.,; vsi.' I : VPB . ico~m:TY I LJ vesT PATI\OL c I ! SEAVJ •S!s I . VPC FOOT PATROL I I PFP l cou1n 1 UAISON I I PCL r: PA;ROL ~T PPA I I ; N. VEST I ! PATROL 8 PPB N. VEST PATROL C TRAFFIC AllALYSlS I TRAFFIC COITTROL t 'TRAFFIC I CONTROL E OVI !ENFORCEl!Ollro11 : lITTERNAL AFFAIRS CIA HOHlClOE ROBBERY I lllG>!T OITEC,JVES 1 CRIHE !CR I PREVEITTlON ICP LEO.,,L AOVI SOR ClA NlGl!T/EVOIING OUEFS oi: Fl SCA~ HANAOO,EJ,/T • RESEARCH CFH I PRl .. 'T - , ~ I . /WESTIGAT/ONS ()1,1/SJOII !DC 1 1 CASE ANAL YS Is I FDA GERY 1 ' I lCA fi llF I I ;...; w IOO'TOA VEHIClE I CAJH£S I . ~ i -P-~°!-1-~A-,:-r~! I . TH£n !PT fT; !VT I SECT ION :--,--1 ..,,.. n-~ - u ! 1NIIOITORY : C0'1TRO'- I CAP~• ! PNJ JE:TS SSF . FA:lLITlES IIANA0£HEITT SFH JCS 1, i• , lPC 1 ! : REPEA, , , SPECIAL CRIME: i 1 Hu, OFFENDERS lRO , , JS. , ____ _ I DOIERAL RECOAOS I I IIURGUIRY ! IP9 ! SRG j i l PHOTO SERVICES I ! SRP I SPEC JAL JNVESTlGAilONS ! l~~J~i~~/1 !SJ SIU \'!ce I I .-cones 1,._ _ __;1..c.,sv..,J I SN I SERVICE AG~ ~ .i\.ntonio Police Or gcanizat:ional November 09, 1991 • SUPPOffT SEFNICCS ()1,/JSJON SilC I I I FJELD TRAINING I Servfaas I I I Trdril'II} J f7 OFFICERS no, /ld!rlriidrd!Ofl i---J~ .-..,., w SAU ' I ' S'TA I L.: AIIHOIIY • I ----~~ i ~ ' ---- 1 I SUPPLY SNt , I I . VEHICLE gf'I I ! ~ n STOAAOE ~ I I nc __ :.IIPP(X'7-~ SAS TT-l1 : PROPE!!TY ROC>.,.! I - I ~ 1 -· Ji +-, ,ow-I LJ_..:·1 I I St,rvfOl,6 I I SPS ~dlano/ s~ sos .01 • I l .02 INTRODUCTION A. The Department must be accountable for all official acts of its employees. The Department holds its members to a high standard of conduct and discipline in order to preserve an essential relationship of trust and confidence with the community they serve. B. To achieve the desired degree of effectiveness,_ disciplinary procedures address considerations and expectations from three perspectives: the needs of the community, the organization, and the employees. 1. Community or external concerns: An open and positive relationship with the citizens of this community must be preserved. Consequently, the Department accepts all complaints, regardless of form, source or substance, and initiates investigative action appropriate to the gravity of the matter~ 2. Departmental or internal concerns: A consistent and fair disciplinary system supports an effective operational environment. Resultantly, the Department provides corrective guidance for a member who demonstrates a need for behavioral correction and exonerates proper conduct and judgement. 3. Employee concerns: Each member should have a reasonable expectation that he may exercise prudent judgement in a fair, lawful, and impartial manner while in the proper discharge of his duty and that an expeditious and equitable process of disciplinary review will evaluate his actions. C. This procedure directs the investigation and disposition of complaints against each member of the department involving alleged or suspected violations of any relevant rule, policy, procedure, law, or regulation which may regulate a member's conduct, including but not limited to: 1. Rules and regulations, and procedures of the Department; 2. Personnel Rules, Ordinances, or Charter of the City of San Antonio; 3. Laws of the State of Texas; or 4. Laws of the United States of America. D. When a complaint focuses on a civilian member, this procedure does not supersede any applicable administrative directives of the City. E. All officer-involved accidents which occurred prior to January 1, 1991 are not considered in determining the total point value in recommending discipline. Accidents which occurred prior to January 1, 1991 are reviewed according to the process effective at the time of the accident. MEMBER RESPONSIBILITIES A. Members 1. The Department receives complaints in a variety of forms and sources. 2. Members of the Department must make every effort to insure prompt and courteous responses or referrals of any complaint under all circumstances. 53 B. C. Supervisors 1. When a supervisor receives a complaint or handles a complaint, he initiates action appropriate to its classification. 2. The supervisor who addresses a line complaint, which does not appear to be a formal complaint: a. Contacts and interviews the complainant in conformance with this procedure's Interview Section .06; b. Interviews the subject officer of the complaint in conformance with this procedure's Interview Section .06; C. Evaluates the information and addresses the complaint, which may require minor disciplinary action; d. Prepares a report upon disposition of the complaint which includes the information provided by the complainant and the officer, his evaluation of the complaint, and the method in which he addressed and disposed of the complaint; and e. Forwards a copy of the line complaint disposition report together with any other relevant information to his supervisory officer and the Internal Affairs Section. 3. The supervisor who addresses a formal complaint refers the complainant to the Internal Affairs Section to initiate a formal complaint, and: a. Contacts and interviews the complainant in conformance with this procedure's Interview Section .06; b. Interviews and obtains a written report from the subject member of the complaint in conformance with this procedure's Interview Section .06; C. Prepares a report which includes the information provided by the complainant, a summary of the officer's report, and a recommendation of a method to address the complaint; d. Obtains pertinent information which assists in the evaluation of the complaint; and e. Forwards a copy of this preliminary complaint investigation packet to his supervisory officer and the Internal Affairs Section. 4. The supervisor immediately notifies the Unit Commander of any case involving a member and allegations of serious misconduct or suspected criminal activity. Section or Unit Commanders 1. 2. The Section or Unit Commander, who receives an investigation packet or disposition report, insures timely disposition and processing of this matter and any other disciplinary matter involving a member of his respective units or section. The Section or Unit Commander: a. Reviews each supervisor's preliminary complaint investigation packet; b. Forwards the preliminary complaint investigation packet and level recommendation to the Division Commander; 54 • . • i • . , • 4 ' ~ •. 4 � ~ ·~ •, � ~ ~ •1 1 1 ·I 1 ~ .j • ·l � . • r ~ · . t ~ .. D . C. Reviews and evaluates each supervisor's disposition of a line complaint and forwards the information to the Division Commander; and d. Relieves from duty, temporarily, a member accused of serious misconduct or suspected criminal activity upon receiving concurrence from the ranking officer on duty and immediately notifies the Division Commander and Internal Affairs Section of such action. Division Commanders 1. The Division Commander maintains a confidential disciplinary log strictly for the purpose of insuring timely disposition of each complaint received. 2. Upon receiving a complaint investigation packet concerning a formal complaint, the Division Commander reviews its content and recommendations. Based on the merits, substance, and gravity of the case, in addition to the Department's pattern and practice in addressing similar types of complaints, the Division Commander may implement proper disciplinary action, request further investigation, or refer the matter to the Internal Affairs Section to be investigated and sent to the Advisory Action Board for review. 3. Upon receiving a line complaint disposition report, the Division Commander reviews its content and disposition. Based on the same criteria mentioned in the preceding paragraph, the Division Commander may concur with the disposition, implement another form of disciplinary action, request further investigation, or refer the matter to be investigated as a formal complaint for the Advisory Action Board's review. 4. The Division Commander forwards a line complaint disposition report, when he concurs with the disposition, and a formal complaint investigation packet together with a report indicating disposition, when he implements disciplinary action, to the Internal Affairs Section for filing. Additionally, any other information concerning the disposition of a complaint must be filed with the Internal Affairs Section. E. Police Legal Advisor 1. The Police Legal Advisor reviews disciplinary cases investigated by the Internal Affairs Section prior to their submission to the Advisory Action Board. 2. The Police Legal Advisor functions in an advisory capacity to the Advisory Action Board for the purposes of the legal interpretation and application of any source which regulates a member's conduct. F. The Chief of Police: 1. May implement, in his discretion, immediate administrative or disciplinary action without the Advisory Action Board's participation and has ultimate discretion to decide whether discipline should be implemented against a member. Nothing herein should be interpreted to interfere with this right; 2. Reviews each case presented to the Advisory Action Board and the Board's recommendations and implements such action as he deems appropriate in each individual case; 3. May provide written notification of the final status of the investigation to the member; 4. May notify an individual complainant of the fihal disposition of a disciplinary case when necessary; and 55 5. May appoint any member to investigate a complaint involving alleged misconduct of any member . . 03 PROCESSING COMPLAINTS A. Responsibilities 1. Misconduct 2. a. The Internal Affairs Section supervises the Department's disciplinary process and coordinates all investigations involving incidents of alleged officer misconduct. b. Primary responsibilities involving the Investigation of complaints include: (1 ). (2). (3). Referrals from the Office of the City Manager; Allegations against any member of the Department involving potential disciplinary action; and All use of force complaints, Including any discharge of a firearm. Accidents The sergeant assigned to the Traffic Investigation Unit, in addition to his general responsibilities: a. Maintains current files on all sworn members involved in vehicular accidents while operating city vehicles, which include: (1 ). Dates of satisfactory completion of the department's occupational performance driving course; and (2). Dates, accident classification, and point assessment for city vehicle accidents which the officer ls involved in. b. Reviews accident investigative techniques used and written reports prepared in regard to city vehicle accidents; c. Returns those reports which require completion, correction, or further explanation to the reporting officer's division commander; d. Obtains copies of damage repair estimates for city vehicles from the Vehicle Repair Shop Foreman; e. Obtains necessary medical information for city vehicle accident victims; and f. Compiles and routes all city vehicle accident cases to the chairman of the Advisory Action Board. B. Referrals 1. All external complaints received by the Department are initially regarded as line complaints and forwarded to the appropriate source for further disposition. 56 • • ; ' ; , , • I • 1 •. J . • • 2. Each member must refer the complainant to the proper authority in a prompt and courteous manner. The initial receipt of a complaint is handled in the following fashion. a. ti. C. Personal Appearance: Any member who receives a complaint through personal contact directs the complainant to the supervisor of the officer who is the subject of the complaint or, if not practical, to the nearest available supervisor for proper disposition . Telephonic: Any member who receives a telephone complaint forwards the complainant to the Internal Affairs Section during business hours, 0800-1630 hours, or to the dispatch supervisor when the Internal Affairs Section is unavailable. The dispatch supervisor determines the availability of a supervisor in the subject officer's chain of command and dispatches such supervisor to contact the complainant. If the dispatch supervisor cannot determine the identity of the subject officer or supervisory officer, or if the supervisory officer is unavailable, then a patrol supervisor contacts the complainant. Correspondence: Any member who receives a written complaint sends it to his immediate supervisor for further disposition . .04 COMPLAINT CLASSIFICATION A. Due to the multitude of variables involved in the nature of police complaints, it is necessary to distinguish between the primary responsibilities of the Internal Affairs Section and an individual· supervisor. B. The Department process~s two (2) major categories of complaints, line and formal complaints. 1. Line Complaints generally constitute disciplinary matters limited to and involving a minor variance from the routine activities and responsibilities of the member in question. The immediate supervisor addresses these complaints. Such incidents generally result in complainant satisfaction from the supervisor's initial contact and, if appropriate, reconciliation through addressing the member's behavior with a counseling, a demerit, a written reprimand, or an oral reprimand. The Department further subdivides line complaints as follows: a. Line Supervisory ''Type A" - In this situation, the complainant requests contact by the member's supervisor. The supervisor follows the process provided in Section .02 of this procedure. b. Line Supervisory ''Type B" - In this situation, the complainant does not prefer to be contacted by a supervisor but relates a potentially substantive problem. The supervisor follows the process provided in Section .02 of this procedure. c. Line Supervisory ''Type C" - In this situation, the complainant relates non-specific or general information only. The supervisor documents the incident and provides a written response directed to the Internal Affairs Section to document potentially undesirable behavior patterns and action taken, if any. 57 .05 .06 2. Formal Complaints generally constitute matters involving conduct that exhibits a significant variance from behavioral expectations established through formal training; departmental procedures, rules, or regulations; city ordinances; state and federal laws; or any regulation which regulates a member's conduct. Although these situations warrant a full investigation by the Internal Affairs Section, each individual supervisor has an important corollary responsibility to properly document preliminary interviews involving formal complaints. Such incidents include, but are not limited to, the following: a. Activities that deal with significant behavioral infractions; b. Any conduct that exhibits the potential to require stringent disciplinary action in the form of a suspension; C. d. All allegations of unnecessary force; or Any other incident that may require formal disciplinary proceedings in order to properly resolve it. PARTIES TO THE COMPLAINT A. All formal complaints, except administrative, identify a principal complainant or aggrieved party. Although the Department generally investigates third-party complaints, formal complaints require a sworn complaint to implement disciplinary action. B. Additionally, the Department may initiate any disciplinary investigation and implement disciplinary action concerning the alleged misconduct of any member. In this situation, the Department lists the "administration .. as the C(?mplainant. INTERVIEWS A. Complainants and Witnesses A supervisor who conducts a formal or line complaint interview with a complainant or witness insures that: 1. The interview occurs at a time and place reasonable under the circumstances; 2. He advises the complainant that the Department may not implement formal disciplinary action against a member without a signed sworn complaint, although an oral complaint may receive a supervisory review appropriate to the allegation; and · 3. The complainant fully understands the perjury warning preceding the body of the written statement when he obtains a written statement. B. Members A supervisor who conducts a formal or line complaint interview with a member under investigation for any form of alleged misconduct adheres to the following process. 1. The interview occurs at a time and place reasonable under the circumstances; 2. A member may, at his option, request that his immediate supervisor accompany him to a complaint interview; 58 • • • j • � • 4 . • ' • • • • 3. A member who is subjected to an interview and asked to write a report in the course of an administrative investigation has a duty to submit on a voluntary basis. The supervisor advises the member orally and in writing, except as provided by the agreement between the City and the San Antonio Police Officers' Association: a. A constitutional right to refuse to provide a statement pursuant to an administrative investigation does not exist; b. No written or oral information required from the member in the course of the Investigation can or will be used against him in any potential subsequent criminal prosecution; and c. Any refusal results in the contemplation of disciplinary action . . 07 POLYGRAPH USAGE .08 A. The Department considers the polygraph a useful investigative resource which may be used as an administrative tool. 1. When the introduction of the polygraph into an investigation of a citizen's complaint appears necessary, the Department examines the complainant first. 2. The officer who is the subject of a complaint is given the polygraph test by a licensed examiner only when the complaint's results indicate truthfulness. a. The polygraph examination is not administered to an officer while in uniform in order to avoid any undue embarrassment to the officer or the Department. b. In order to prevent any perception of bias, only a nonmember administers the polygraph examination to an officer. B. The Department uses polygraph examination results as follows. 1. The Advisory Action Board and Chief of Police review the complainant's polygraph examination results; and 2. Only the Chief of Police reviews the officer's polygraph examination results. DISCIPLINARY RECORDS A. In order to avoid compromising the integrity of the disciplinary process and investigations, each participant in the process must realize and accept an individual responsibility of confidentiality. B. The security of disciplinary records dictate the following stringent approach to the maintenance of disciplinary records at every level of execution. 1. Individual Members a. A member may maintain personal records involving matters of potential disciplinary action which involve himself. b. The only official disciplinary documentation permitted in any member's possession is that which is personally prepared or signed by him . 59 2. Supervisory Officers a. Many supervisory ·officers maintain informal notes regarding the activity of their personnel. The acceptability of this practice prohibits the personal retention of any form of official documentation or report regarding formal or informal disciplinary investigations of direct subordinates. b. Supervisory officers involved In such investigations forward all pertinent documentation under seal to all concerned or relevant entities at the earliest possible time. c. Each Division Commander maintains a confidential complaint log for the purpose of expediting the processing of both formal and line complaint investigations of members assigned to his division. .09 ACCESS TO DISCIPLINARY FILES .10 A. The nature of complaints and circumstances under which complaints arise require stringent protection of sensitive material for the benefit and privacy of each member and maintenance of the integrity of the records. The Internal Affairs Section maintains all data and information generated as a result of a formal investigation in the confidential files. Consequently, general accessibility is limited to only members assigned to the Internal Affairs Section. Each member's file contains a header record to properly document access by other personnel as authorized below. B. Local or remote reviews of disciplinary cases apply to completed investigations only. 1. Any local review request which involves on-premise access to an Internal Affairs Section file is limited to the following: 2. a. A member and attorney accompanying the member desiring to review his individual file; or b. A supervisor who seeks to review the file of a member assigned directly to him or a member who seeks transfer to his unit for the limited purpose of a supervised review of pertinent material. A remote review request which involves on-premise access and off-premise review of Internal Affairs Section files with authorization is limited to the following: a. Chief of Police or his designated agent; b. Chairperson of the Advisory Action Board; or c. Police Legal Advisor. ADVISORY ACTION BOARD A. The Advisory Action Board, whose membership is composed of officers at all ranks below that of the Chief of Police, is designed to deal with disciplinary problems as equitably as possible in pursuing the achievement of the following three (3) objectives: 1. Correct the behavior of an individual officer who is not in conformance with departmental standards or objectives; 2. Instill a preventive effect for any other who may be engaged in or contemplating similar misconduct; and 60 l ~ • • 4 1 , ... • , ~ l • ~ ~ , •• 4 •1 I • f . r t · [ • • B. C. D. 3. Demonstrate that compliance with the departmental mandates are uniformly required of each member. The structure of the Board consists of seven (7) members, Including a Deputy Chief who serves as Chairperson. The members of the Board are appointed by the Office of the Chief of Police. 1. The rank structure of the Board consists of one (1) Deputy Chief, one (1) Captain, one (1) Lieutenant, one (1) Sergeant, one (1) Detective-Investigator, and two (2) Police Officers. 2. The Executive Officer coordinates Board membership based on the following criteria. 3. a. Probationary Police Officers are ineligible; b. Any officer incurring a suspension during the previous twelve (12) months is ineligible; and · c. Repeated membership, particular1y in the ranks of Detective-Investigator and Police Officer, is avoided as much as possible. The Executive Officer may include non-voting participants on the Board, such as: a. An association repr~sentative; b . The Police Legal Advisor; c. An Internal Affairs Section representative; or d. The sergeant assigned to the Traffic Investigation Unit. 4. Board tenure requires the Deputy Chief, Captain, and Lieutenant each to serve one (1) year periods, while the Sergeant, Detective-Investigator, and Police Officers each serve three (3) month terms. The three (3) month appointments occur in a staggered fashion from all shifts on a rotating basis. The Chief of Police appoints a special panel of six (6) supervisory officers to hear complaints against supervisory officers. The panel consists of personnel of the rank equal to or higher than the rank of the individual whose conduct is being reviewed. The effectiveness of the Board requires maintaining the integrity of the process, which is contingent on the following responsibilities. 1. The Board Chairperson: a. Serves as the custodian of all information concerning disciplinary cases which the Board reviews; b. Confines any review of case jackets or confidential material to a designated area; c. Provides orientation for new Board members; d. Sets published agendas· at least forty-eight (48) hours prior to each meeting; and e. Insures that proper rules of order are followed at meetings . 61 2. Each Board member: a. Protects the rights of the officer whose conduct is the subject of review by maintaining confidentiality relating to any discussion, correspondence, or proceedings; and b. Avoids any bias or subjectivity in the fulfillment of his obligation. E. Cases presented to the Advisory Action Board for consideration derive from the following: F. 1. Internal Affairs Section as an investigative formal complaint; 2. City vehicle accidents involving sworn members; and 3. The Chief of Police, who may wish that the Advisory Action Board consider a matter. Although a need to adhere to the following disciplinary hearing procedures exists, the Chief of Police reserves the prerogative to exercise administrative discretion in the event of exceptional circumstances falling outside the purview of this process. 1. 2. 3. 4. 5. 6. 7. A quorum consists of five (5) Board members, if the respondent is a police officer, and three (3) Board members, if the respondent is a Detective-Investigator. a. Board members of a lesser rank than the respondent are ineligible to vote. b. A Board member excuses his participation as a Board member in any cases in which he is a respondent, he is a witness, or he has participated. The Chairperson makes a declaratory announcement about security for the protection of each respondent's privacy. The Chairperson announces each case prepared for review by the Board. The Chairperson may reset a case at the respondent's request, if sufficient cause exists. An Internal Affairs Section Investigator outlines misconduct cases at issue. The sergeant assigned to the Traffic Investigation Unit outlines city vehicle accident cases. The Board may then ask questions of the individual presenting the brief. The respondent is allowed the opportunity to speak before the Board and may be invited to do so by the Board Chairperson. A respondent's absence at a hearing is not considered in the final deliberations and has no bearing on the outcome. The respondent's right to be heard is subject to the following limitations. a. The respondent may not have an attorney present; b. The respondent may not have any other person as a representative; c. The respondent may not introduce references or character witnesses; and d. The respondent may request to have a supervisor present who may provide input if requested by the Board. The member directs such requests to his commanding officer, who notifies the supervisor who is to appear. All such appearances are made on a voluntary non-remunerated basis. 62 .1 � f . [ [ • I • .11 8. 9. No defense, appeal, or grievance exists to the respondent for failure to receive notice or invitation, or for his inability to be heard by the Board. The only exception applies when any action is intentionally taken to place the respondent at a disadvantage which would clearly affect the outcome of the Board's finding. The Chairperson advises the respondent of the following: a. His testimony is voluntary; b. The rules and decorum of the proceedings; c. Questions may be asked by Board members; and d. His decision to speak may be withdrawn at any time without inference or penalty. 10. Questions directed towards the respondent are restricted to those pertinent to the facts of the case and will avoid any form of accusation or debate. 11. Upon completion of the testimony, the Chairperson excuses the respondent after being advised that any recommendation of the Board regarding the case serves in an advisory capacity and the Chief of Police makes the final determination. 12. The Board then discusses the case, generally, using the following guidelines. 13. a. Use an informal discussion process; b. Confine all dialogue to the facts of the case and information presented as a result of the Internal Affairs Section investigation, the city vehicle accident investigation, or the respondent's testimony; and specifically exclude any discussion of the respondent's character; and c. Direct discussion towards the determination of whether the action of the respondent violates or does not violate an applicable standard. One of two determinations follows the discussion: a. Ready to vote; or b. Further investigation required and the case is returned to the investigative source. 14. On determination of "ready to vote," the Chairperson calls for a finding in the case. MISCONDUCT CASE FINDINGS A. The first ballot is directed towards determining a finding in the case. This finding is determined to be one of the following. 1. "Unfounded" which means the facts of the case show, by a preponderance of the evidence, that the alleged complaint has not been established and that a finding of misconduct does not exist; 2. ·inconclusive" which means that facts of the case indicate a possibility of impropriety or misconduct, but are insufficient to establish a bona-fide complaint; or 3. "Sustained" which means the facts of the case indicate that a bona-fide complaint has been established. 63 B. A majority vote must determine any finding. If a majority vote cannot be obtained after subsequent discussion and votes, the Chairperson makes the final decision. C. Following a finding of "Sustained," an informal discussion is held to determine a recommendation of disciplinary action or other remedy involving: D. 1. 2. 3. 4. Past practices or similar issues; Legal aspects of issues involved; Established guidelines or policy concerning escalating discipline affecting the issue; Past disciplinary record of the respondent; and 5. Alternative courses of action directed towards behavior adjustment or awareness on the part of the member involved. This includes, but is not limited to: a. Retraining courses, especially for pattern violations; b. Job relocation, either temporary or permanent; c. Psychological evaluation and recommendation; or d. Disciplinary action. The Chairperson calls for a vote by written ballot on the form provided for that purpose. The voting process adheres to the following guidelines. 1. Each Board member lists a recommendation without influence from the others; 2. A majority vote controls; 3. Subsequent discussion and votes are conducted as necessary; and 4. Failure to achieve a majority decision is reflected on the record and submitted to the Chief of Police. E. The Chairperson records the results and the recommendation of the Board and submits the necessary reports to the Chief of Police for final approval. The recommendations of the Board are advisory in nature and not binding on the Chief of Police . . 12 ACCIDENT CASE FINDINGS A. The first ballot is directed towards determining a finding in the case. This finding is determined to be "Chargeable" or "Non-Chargeable." 1. "Non-Chargeable" means the officer exercised reasonable care in the operation of the city vehicle, was aware of the impending hazard, was alert to its consequences, and took reasonable precautions to prevent or minimize the effect of the accident; or 2. '!Chargeable" means the officer failed to exercise reasonable care in the operation of the city vehicle, was a major contributing factor in the accident, and deviated from established driving practices. 3. "Reasonable Care" means the caution that would be exercised by an ordinary and prudent man in the same circumstances as the officer. 64 • i ' , .1 • • • ... I • • • 8 . A majority vote must determine any finding. If a majority vote cannot be obtained, subsequent discussion and votes are held. C. Following a finding of "Chargeable," an informal discussion is held and information is presented to assign a point value to the accident. D. E. Point assessment for sworn members involved in city vehicle accidents is based on the following criteria: 1. 2. Non-Chargeable Accidents Chargeable Accidents O - points 2 - points Additional points are added to all "Chargeable Accidents" only based on the severity of the accident as follows: 1. 2. Property damage to the city vehicle in excess of one thousand dollars ($1,000). 1 - point The monetary value of the damage is based on the repair estimate prepared according to established automobile insurance standards and provided by the Vehicle Repair Shop. The accident resulted in: a. Serious bodily injury to any person(s), including the officer; or 1 - point b. Death to any person(s). 2 - points "Serious Bodily Injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. F. Following the assessment of a point value to the accident: 1. The sergeant assigned to the Traffic Investigation Unit addresses the Board providing the following information from the driving record of the officer in question: a. Last date of satisfactory completion of the Department's Occupational Performance Driving Course; and b. Point assessment for each Chargeable Accident the officer in question was involved in during the preceding eighteen (18) months. 2. The Advisory Action Board then calculates the total Chargeable Accident points for the officer in question. This total is derived by adding the point assessment for the accident under review and the point assessment for accidents the officer was charged with during the preceding eighteen (18) month period. 65 .13 G. Based on the officer's cumulative point total, the Advisory Action Board recommends disciplinary action to the Chief of Police as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 2 - points 3 - points 4 - points 5 - points 6 - points 7 - points 8 - points Counseling Written Reprimand One (1) day suspension Three (3) day suspension Five (5) day suspension Ten (10) day suspension A minimum fifteen (1 5) day suspension with the possibility of an indefinite suspension or job reassignment for numerous accidents within the eighteen-month period. In the event the officer has not satisfactorily completed the Occupational Performance Driving Course, the recommended disciplinary action shall include the requirement for the officer in question to be scheduled for attendance in the next available course. In the event the officer in question is charged with Criminal Negligent Homicide, Involuntary Manslaughter, Driving While Intoxicated, or Failure to Stop and Render Aid as a result of the accident, the recommended disciplinary action shall be "temporary suspension" until the disposition of the charge. H. The sergeant assigned to the Traffic Investigation Unit records the findings and point assessment for all city vehicle accidents heard by the Advisory Action Board. I. The Chairperson records the results and the recommendation of the Board and submits the necessary reports to the Chief of Police for final approval. The recommendations of the Board are advisory in nature and not binding on the Chief of Police. DISCIPLINARY IMPLEMENTATION A. Upon completing a review of the recommendations presented by the Advisory Action Board, the Chief of Police renders a decision as to what disciplinary action, if any, is taken. B. The Chief of Police's Disposition Sheet is prepared and distributed to the designated entities for further disposition. C. With regards to any action short of suspension, the Office of the Division Commander of the member at issue insures proper implementation of the Chief of Police's disposition. D. With regards to suspension, the officer is given notice of the contemplated disciplinary action to allow for an opportunity to meet with the Chief of Police. E. The Chief of Police may, after hearing the officer's rebuttal, decide that a change in discipline from the contemplated discipline is proper and implement such other discipline. 66 • • 1 • ~ •• .14 FORFEITURE OF ACCUMULATED LEAVE A. An officer, who is the subject of a disciplinary suspension which does not exceed thirty (30) days and who wishes to forfeit accumulated compensatory time, vacation time, or holiday leave in lieu of serving the suspension for the designated days, is responsible for preparing and presenting the proper accounting paperwork to request to forfeit the specified time. B. The officer must accurately complete a "Leave Forfeiture for Suspension Request" Form, S.A.P.D. Form No. 61-LF, and present it to the Office of the Chief of Police within ten (10) business days from the date of receipt of the "Actual Suspension... The provision of this ten (1 O) day period does not create due process right or property interest. C. Failure to submit a completed "Leave Forfeiture for Suspension Request" will result in a deduction from the subject officer's wages. D. The submission of the "Leave Forfeiture for Suspension Request," in compliance with this procedure, does not prohibit the Chief of Police from denying the request. 67 • • • .01 .02 INTRODUCTION A. A major goal of the San Antonio Police Department is to provide the highest possible standard of law enforcement services to the community. Supporting objectives to this goal mandate a consistently high degree of adherence to existing rules, policies, and procedures by all components of the department. Audit inspections are an integral element of the department's commitment to quality assurance. B. Audit inspections are conducted by the Internal Audit Unit and are intended to increase the overall effectiveness of the department's use of personnel and logistical resources through a comprehensive process of problem identification, analysis of alternative solutions, and development of positive recommendations impacting each component. SCOPE AND AUTHORITY A. Members of the Internal Audit Unit perform a staff function for the Chief of Police and do not execute any direct command authority over department personnel beyond that which is incumbent to that member's rank under appropriate circumstances. B . C. D. Audit inspections are directed towards unit level functions or activities and do not assume any of the responsibilities of management or Internal Affairs with regards to the conduct of individual members. Observed individual violations of a criminal or administrative nature are referred to the appropriate entity. Complete access to all departmental personnel, activities, and facilities is afforded in the course of such inspections, with the exception of selected confidential and sensitive files such as those found in Intelligence, Internal Affairs, and the Office of the Chief of Police. Questions regarding the propriety of the inspection of particular records or files are referred to the Office of the Chief of Police. Audit inspections are conducted in a fair, impartial, and constructive manner as a service to the component under review. Each inspection is designed to provide department administrators and unit managers with consultative assistance in the form of proper planning, direction, and control of their organizations . . 03 AUDIT INSPECTIONS A. The Internal Audit Unit conducts objective reviews of personnel, equipment, and facilities. It also assists in the development of administrative and operational procedures designed to enhance the effectiveness of each departmental component by developing strategies and recommendations for: 1. Improving internal and external coordination as well as teamwork; 2. Eliminating duplication; 3. Promoting economy; 4. Identifying resource and training needs; 5. Developing and disseminating new work systems, techniques, and ideas; and 6. Resolving potential problems. 69 B. This task is accomplished through a process involving three types of inspection. 1. 2. 3. Operational and Performance Audits are comprehensive section or unit level reviews conducted on a scheduled bi-annual basis; Compliance Audits are scheduled specific follow-ups of findings involving previously identified deficiencies; and Critical Issue Audits are reviews regarding a specific issue identified by and conducted at the direction of the Chief of Police . . 04 INSPECTION CRITERIA .05 A B. Information gathered in the course of an Audit comes from a variety of sources and includes, but is not limited to, direct observation of the following: Personnel activity (on a unit-wide basis) involving the overall execution of assigned tasks, adherence to unit/departmental rules, regulations and procedures, responses to calls for service, communications procedures, workload analysis, unit productivity, public responses and interaction, morale, level of service achieved, and employee expenditures. Logistical Resources include, but are not limited to, equipment usage and allocation, physical facility usage, supply usage, and fiscal expenditures. C. Administrative Procedures include, but are not limited to, the establishment and adherence to the. unit, division, and departmental standard operating procedures, adequate supervision, internal/ external communications, unit deployment, and adherence to mission. OPERATIONAL AND PERFORMANCE AUDITS A Operational audit inspections of each departmental component are accomplished in accordance with the following procedure. 1. Each unit is subject to a scheduled operational audit on a bi-annual basis. 2. The commander or supervisor of the component to be inspected is notified at least one week prior to the commencement of the audit process unless the audit is deemed to be a Critical Issue (as defined in Subsection .07), which may be performed without due notice as per the direction of the Chief of Police. 3. a. Notification may include requests for any documentation, materials, information, or responses pertinent to the review; and b. Questionnaires may be distributed to unit personnel and/or affected individuals outside the subject unit as applicable. The actual audit process begins with an orientation interview with the commander /supervisor of the subject unit, which is intended to: a. Identify and exchange expectations in order to minimize any potential for misunderstanding or miscommunication; b. Solicit the input of the commander /supervisor to better understand existing conditions, priorities, and future goal identification; and c. Collect additional data as determined in the commander's clarification. 70 1 • I i ~ • ' ' • • • • • • • .06 4 . Interviews are held with unit and associated police personnel. a. All interviews conducted by members of the Internal Audit Unit are confidential. b. Personnel assigned to a unit being inspected may request a private interview with any member of the Internal Audit Unit. 5. Interviews or surveys may be conducted involving persons outside the unit or department affected by the services or activities of the subject unit; 6. 7. Applicable departmental procedures are analyzed to determine the degree of the subject unit's compliance and consistency in their administration and application; Internal unit procedures are evaluated and developed, if necessary, to assist the subject unit to better perform its mission; 8. Comparisons of previous inspection reports are reviewed to indicate improvements in management effectiveness; 9. Analysis of unit/individual activity reports are reviewed to reveal trends in personnel productivity; and 10. An inventory of existing resource allocation and utilization (personnel and fiscal) is compared to present and projected needs in order to assist in budgetary planning and strategy development. B. Upon the conclusion of the audit process, an informal summation meeting is held with the subject unit supervisor /commander for the purpose of briefing and clarification of findings and observations made in the course of the review. C . Audit results or findings are documented and distributed under seal to the Unit and Division Commanders of the subject unit and the Office of the Chief of Police. Findings may include documentation of: 1. Significant deviations from departmental procedures or policy; 2 . Lack of appropriate internal procedures; 3. Areas seriously impairing the accomplishment of the unit's mission; 4. Recommendations on improvement alternatives; 5. A suggested schedule of objectives to achieve recommended goals; and 6. Follow-up appointments are scheduled at thirty (30), ninety (90), and one hundred twenty {120) day intervals, as necessary. COMPLIANCE AUDITS A. Compliance Audits involve a process of follow-up analysis and evaluation of uniform progress reports (generated at thirty {30), ninety (90), and one hundred twenty {120) day intervals) pertaining to findings developed from preceding audit inspections. Compliance Audit reports are provided to the subject unit supervisor /commander for the purpose of documenting progress and providing clarification of findings. 71 .07 1. The thirty (30) day progress report serves as the supervisor's/commander's official response with respect to concurrence or disagreement with each finding noted on the audit report. a. Each finding in concurrence on the Unit Commander's response requires a strategic plan outline to adequately address the problem. b. Each finding incurring disagreement on the Unit Commander's response properly · addresses and details the reasons for the rejection. 2. The ninety (90) and one hundred twenty (120) day reports serve to document progress regarding issues identified in the findings. 8. Progress reports are submitted to the Internal Audit Unit upon completion, with copies to the Division Commander and Office of the Chief of Police. 1. Upon distribution of the thirty (30) day response, the Division Commander over the subject unit may schedule a formal review conference with the unit/supervisor /commander and a representative of the Internal Audit Unit in order to resolve disputed findings. 2. The Office of the Chief of Police may schedule a review conference to include the Division Commander, supervisor /commander of the inspected unit, Internal Audit representatives, or other select personnel in order to resolve or clarify issues and progress at any point in the process. CRITICAL ISSUE AUDITS A. 8. C. Informal Audits may involve a specific ad hoc review of any matter so designated by the Chief of Police. Notification of affected personnel is at the discretion of the Chief of Police. Critical Issue Audits are subject to all audit procedures prescribed herein unless otherwise specified by the Chief of Police. 72 • r • .01 ~ . i . • .02 .03 INTRODUCTION A. This procedure is designed to address the administrative functions relative to the issuance, accountability, and data entry of A.C.T. Decals. B. Additionally, this procedure establishes guidelines for field officers to follow in stopping and detaining vehicles displaying A.C.T. Decals . PROGRAM A. The A.C.T. Program is a cooperative effort between the San Antonio Police Department and the citizens to curtail the increasing number of auto thefts throughout the city. 8. Citizens desiring to participate in this program are required to: 1. Register their vehicles with the Police Department by completing an application form, providing verification of vehicle ownership (i.e.,original or duplicate title, insurance verification, license receipt), showing personal identification which identifies them as the registered owner, and having an A.C.T. Decal affixed to the windshield(s) of the registered vehicle; and 2. Affixing their signature to the application thereby consenting to the vehicle being stopped, if the vehicle is found operating between the hours of 1 :00 a.m. and 5:00 a.m., by any law enforcement officer within Bexar County, for the purpose of identifying the driver and ascertaining if the vehicle is stolen. REGISTRATION AND ISSUANCE OF A.C.T. DECALS A. The application for the registration of vehicles and the issuance of A.C.T. Decals requires a Department-wide effort, involving the Investigations, Support Services, and Patrol Division. This effort is coordinated and procedures developed by the Crime Prevention Unit. B. Citizen participation in this program is afforded at all Service Area Substations. The specific hours for issuance shall be established and coordinated between the affected divisions. C. The Crime Prevention Unit shall: 1. Establish procedures for the accountability, registration, issuance, and data entry for the A.C.T. Program; 2. Coordinate the issuance of the A.C.T. Decals with all effected divisions; 3. Coordinate the issuance of the AC.T. Decals with other law enforcement agencies and private concerns; 4. Coordinate Public Service Announcements to inform the general public of the program and the locations and times where vehicles may be registered; and 5. Ensure timely notices of changes in the program, locations, and times for the issuance of A.C.T. Decals are published in the Department's Daily Bulletin. 73 .04 DISPLAY OF A.C.T. DECALS A. A.C.T. Decals depict the design of the San Antonio Police Department Shoulder Patch. They are similar in color with the exception of red initials "A.C.T." in the center and an assigned number affixed under the initials. B. The A.C.T. Decal is usually displayed on the lower left corner of the front windshield just above the · State Inspection Sticker and on the lower left corner of the rear windshield. C. In the event the registered vehicle has a dark tinted rear window or rear window defroster: 1. The A.C.T. Decal may not be visible; or 2. The owner may have elected not to have the decal affixed . . 05 STOPS OF VEHICLES DISPLAYING A.C.T. DECALS A. B. C. Officers who observe a vehicle displaying an A.C.T. Decal being operated between the hours of 1 :00 a.m. and 5:00 a.m. shall: 1. Notify the dispatcher of their location, the number of occupants in the vehicle, and the description and license number of the vehicle; 2. 3. 5. Request a cover officer; Request the dispatcher to run the vehicle's license number in the computer program (PACT), to verify the registration of the vehicle in the A.C.T. Program; Stop the vehicle on verification of A.C.T. Program registration and, when practical, upon the arrival of the cover officer; Determine the identity of the driver and passengers; and 6. Ascertain whether the vehicle is stolen or lawfully operated. In the event the vehicle is not registered in the A.C.T. Program, reasonable suspicion is required prior to the officer initiating a stop. Officers shall complete the appropriate report detailing their actions and findings and route a copy of their report to the Crime Prevention Unit. 74 • • , • • • • • ,, . • • • .01 .02 INTRODUCTION A. A Quality Circle Is a process whereby sniall working groups of personnel are formed in order to discuss and make recommendations regarding the problems, policies, and morale of the units in which they serve. This concept allows specific input from individuals directly involved in the function(s) at issue. B. The purpose of this procedure is to formalize the Quality Circle process for the review of issues impacting on the production, quality, and services of the Department. C. The Office of the Chief of Police establishes and provides direction to the Quality Circles as needed. SELECTION AND STRUCTURE A. Eligibility on a Quality Circle is predicted as follows. 1. Officers below the rank of Captain and non-sworn members must receive a recommendation by their Section Commander; and 2. Members meeting the above requirement should forward requests for assignment to the Executive Officer in the Chief's Office who is responsible for the selection process. B. Each Quality Circle consists of the following structure. 1. No fewer than five (5) or more than twelve (12) members are selected for each Quality Circle, contingent on the magnitude of the project. 2. A facilitator, acting for the Chief of Police, Is selected to be responsible for the orientation, coordination, and overall operation of each Quality Circle. The facilitator also trains members in methodology, group dynamics, and management presentation techniques. 3. Staff members designated by the Chief of Police serve as the Steering Committee which serves the purpose of overseeing the planning, activities, and recommendations of each Quality Circle (although the Steering Committee members are not formal members of the Quality Circle itself). 4. The tenure of each Quality Circle is determined by the purpose for which it was formed and falls into two categ6ries: a. Minor - Normally a ninety (90) day or less project focused on one issue, ( extensions are granted as necessary); and b . Major - A comprehensive study involving either a large area of evaluation or several related issues requiring long-term resolutions not exceeding one year . . 03 COMMITTEE PROCEDURES A. Quality Circles convene at the discretion of the facilitator . B. While engaged in discussion or any other Quality Circle activity, all members are considered peers without regard to Civil Service rank. 75 C. The facilitator is responsible for the preparation and distribution of a preliminary agenda consisting of: 1. Minutes from the previous Quality Circle meeting; 2. A list of new problems received from the Steering Committee; 3. The status of current projects; 4. Recommendations or comments from the Steering Committee; and 5. Contributions from Quality Circle Members. D. Issues to be discussed are classified into one of two categories: E. F. 1. Complex; and 2. Readily solvable. The facilitator, acting as a referee, initiates and coordinates discussions involving issues on the agenda. 1. 2. 3. Progress reports are received on current projects; New issues are prioritized from most important to least important; and Subgroups are f~rmed to handle further disposition of issues assigned to it. Presentations are reviewed and prepared for final recommendation to the Office of the Chief. 76 • • 1 • •• ~ . •• , i .1 i 1 1 ., 1 j .j l • • • • t ' • • • • • • • • .01 .02 .03 INTRODUCTION A. The purpose of this procedure is to provide members of the department with direction regarding official dissemination of information. Police information has an extremely sensitive aspect which must balance two major concerns: constitutional guarantees involving the rights to access by the public, and the right of privacy belonging to each individual. B. Mandates from The Texas Open Records Act, Family Code, and Juvenile Code bear upon the matter in that they stipulate certain information that agencies must divulge or protect. C. Police activities, by their very nature, generate a great' deal of public and media interest. Major incidents which include, but are not limited to, officer-involved shootings, hostage incidents, major crimes, large-scale operations, and homicides significantly heighten levels of public exposure and scrutiny. · D. Members of this department are encouraged to be open, honest, and cooperative in the two-fold responsibility of keeping the public informed while simultaneously protecting the rights of citizens, complainants, witnesses, and persons in custody, as outlined above. E. The Office of Public Information has the responsibility to coordinate media activities involving the various official functions of the department. POLICY It is the policy of the San Antonio Police Department to establish and maintain an open and cooperative environment in which members of the media and general public may obtain timely and accurate information on all matters of community interest in a manner that does not jeopardize police operations. MEMBER RESPONSIBILITIES A. The ranking officer at the scene of an incident has the following responsibilities: 1. Releasing to the media, as soon as practical, any factual information listed under Section .04A of this procedure; 2. Designating a press area; 3. Allowing access to crime scenes as soon as practical; 4. Protecting the interests of owners or agents on whose private property a crime scene exists; and 5. Delegating the responsibility for the release of information under Section .04A of this order. B. Any officer may release information listed under Section .04A of this procedure on newsworthy events which do not require the presence of a superior officer (i.e., major accidents, fires, etc.) . 77 . 04 INFORMATION RELEASED .05 A. The following information may be released at a newsworthy event: 1. Location of the offense/incident; 2. Premises involved; 3. Time of occurrence; 4. A brief summary of the offense /incident; 5. Identification and description of the complainant (note exceptions in Section .. 05); 6. General description of the suspect(s) (note exceptions in Section .05); 7. 8. General description and/or license number of the suspect's(s') vehicle may be released if it does not compromise the investigation; and General description of the property involved. Avoid descriptions which detail the evidence and which hinder the investigation; and/or 9. Identification of investigating officers without compromising an undercover operation. B. The officer, delegated the responsibility of releasing information, consults with a supervisory officer before releasing information not covered by this procedure. C. The release of information at major crime scenes or incidents is coordinated with the investigation/follow-up unit at the scene. This insures proper working relationships and crime scene integrity. INFORMATION NOT RELEASED IN CONNECTION WITH POLICE INCIDENTS A. The name of a complainant or victim who is deceased or seriously injured, until a surviving relative has been notified; B. The name of a complainant who has been involved in any type of sexual offense; C. The name of a suspect, until the suspect has been booked in a jail facility or formal charges have been filed; D. Identification and description of witnesses; E. The existence of or contents of statements, oral admissions, or oral confessions made by a suspect or apprehended person; F. Personal opinions about the suspect and/or information on evidence; G. Statements concerning the testimony or the truthfulness of witnesses; and H. Photographs of any person who is a suspect or arrested person that are taken for purposes of investigatory or criminal history record information in an ongoing investigation. 78 • • • • r • t r • • • ! • • r t_ .06 .07 PUBLIC INFORMATION OFFICER'S(S') RESPONSIBILITIES AT SCENES OF MAJOR INCIDENTS A. Displays clearly marked identification; B. Has access to areas where personal security or crime scene integrity are not compromised; C. D. Limits media personnel to those areas which will not interfere with operational functions and access to the location; Establishes and marks an information dissemination point or press area; E. Arranges interviews with appropriate personnel if and when feasible; and F. Prepares a written news release if necessary. MEDIA ACCESS A. Members of the media are not exempt from any federal, state, or local laws. B. Members of the media must display appropriate press credentials prior to being admitted to press areas. C. Members of the media may not resist, obstruct, or oppose an officer in the lawful execution of his duty. However; the mere presence of a newsperson, the taking of pictures, or the asking of questions does not constitute unlawful interference. D. Officers should not restrict the movement of newspersons unless their actions clearly and directly interfere with police operations or investigations. E. Photographs may be taken in or from any public access or officially designated areas. Officers may restrict the use of flash or bright lighting when their use may hinder police operations . F. No member of the media shall have any property seized or threatened with confiscation without due process of law (i.e., cameras, videotape, film, notes, etc.) . . 08 INTERNAL INFORMATION A. Information regarding internal investigations is released through the Public Information Officer or a representative designated by the Chief of Police. B. Information regarding the interpretation of departmental policy or procedures is released through the Public Information Officer or a representative designated by the Chief of Police . C. Information regarding the release of the address or phone number of any member of the department is only released in accordance with Administrative Directive 4.01, which designates the City Personnel Office as the only dissemination point. 79 ( • • • .01 INTRODUCTION A. The purpose of this procedure is to establish guidelines for the allocation of office space and telecommunication equipment necessary for the successful accomplishment of the mission of the San Antonio Police Department. B. Final decisions on space utilization and telecommunication equipment installation rest with the Chief of Police, based on the recommendation of the Services Administration Section . . 02 OFFICE SPACE ALLOCATION PROCESS A. B. C. Division Commanders identify the need for and request any additional office space. All requests for additional office space is in writing, directed to the Services Administration Section, and must contain: 1. The number of personnel for whom the requested office space is required; 2. A statement regarding the utilization of the requested office space (i.e., full-time, part-time, shared); 3. A statement of necessary telecommunication equipment incidental to the requested office space; 4. The number of city vehicles and privately owned vehicles for which parking will be required; and 5. A target date for the initial use of the requested office space. The Services Administration Section consults with the Division Commander who has requested new office space and determines office space needs. D. The Services Administration Section makes a recommendation to the Office of the Chief of Police based on the following: 1. The number of personnel involved; 2. The type of operation involved; 3. The importance of Departmental access to the operation; 4. Security needs of the operation involved; 5. The importance of public access to the operation involved; 6. Existing space utilization; and 7. 11 lndustry Standard" space calculations of square footage required. E. Re-allocation of office space vacated is determined by this same procedure. 81 .03 .04 OFFICE SPACE MODIFICATIONS OR REPAIRS A. Division Commanders identify the need for and request essential modifications of, or repairs to, any existing or newly acquired office space. B. All requests for modifications of, or _ repairs to, existing or newly acquired office space is in writing . directed to the Services Administration Section. C. All modifications of, or repairs to, existing or newly acquired office space is coordinated by the Services Administration Section and the Accounting, Budget, and Personnel Unit. TELECOMMUNICATION EQUIPMENT A. Division Commanders identify the need for and request new, upgraded, or additional telecommunication equipment. B. All requests for new, upgraded, or additional telecommunication equipment is in writing, directed to the Services Administration Section. 82 • • • ' ) ' ~ I 4 ~ l •• 1 1 i .1 1 1 l •l j • ~ ( , r • • • • • • • • .01 .02 INTRODUCTION The purpose of this procedure is to provide the Departmental Armorer and all officers with guidelines necessary for the accountability and responsibility of weapons, ammunition, equipment, and facilities. This procedure sets standards for firearms qualifications and provides for the approval and non-approval of all weapons, accessories, and equipment. DEFINITIONS A. "Weapon" means an instrument specifically designed for offensive or defensive combat. B. "Firearm" means a weapon from which a projectile is discharged by gunpowder. C. "Intermediate Weapon 11 means any weapon other than a firearm . .03 ARMORY AND SUPPLY UNIT A. The Armory and Supply Unit is located in the basement of the Main Police Headquarters (Room B- 79-81 ). . B. Access to the Armory and Supply Unit is restricted to Armory Personnel and the Training Academy Commander or his designee. c. Access to the Shotgun Storage Room (Room 8-85) and the Riot Control Room (Room B-83) are both restricted to personnel assigned to the Armory and Supply Unit and Unit Commanders or their designees. 1. The Armory and Supply Unit is open between the hours of 0745 through 1630, Monday through Friday, excluding holidays. 2. Central Service Area Shift Commanders and Traffic Enforcement Unit Commanders have keys to access these areas at all other times . D. Access to the Shotgun Storage Rooms, located at each Service Area Substation, is restricted to Shift Commanders or their designees . . 04 ACCOUNTABILITY AND RESPONSIBILITY A. Departmental Armorer: 1. Maintains a complete and current inventory of all weapons and equipment in the Armory. The Departmental Armorer forwards a copy of this inventory to the Office of the Chief of Police, Fiscal Management and Research, and the Accounting, Budget, and Personnel Unit . 2. Maintains a system for the assignment and issuance of all weapons or equipment in the Armory. a. b. The Departmental Armorer prepares a hand receipt listing all equipment and weapons. Officer(s) sign and date this receipt when receiving any equipment or weapon. The Departmental Armorer establishes a list of all shotguns by make, model, serial number, and police department number. 83 8. 3. Maintains operational readiness, maintenance, repair, and modification of all city weapons and equipment in the Armory and Supply Unit. a. b. C. The Departmental Armorer or his designe is solely authorized to repair or modify city weapons and equipment Including, but not limited to weapons issued to individual officers. The Armorer, upon the discovery of an unauthorized repair or modification to a city weapon, immediately notifies the Division Commander of the officer to which the weapon is Issued. The Departmental Armorer checks the expiration dates on all tear gas equipment. Any tear gas equipment that is expired is stored separately from the unexpired tear gas equipment. The Departmental Armorer insures proper storage of all items in the Armory and Supply Unit. 4. Procures an adequate supply of flashlights, batteries, and ammunition. 5. Maintains security of the Armory and Supply Unit including, but not limited to, the maintenance and daily testing of the alarm system for the Armory and Supply Unit. Supervisory Officers 1. Division Commanders insure, through periodic inspections, that officers under their command do not carry or use unapproved weapons (as defined in Section .061 of this procedure), defective weapons, weapons showing signs of neglect or abuse, unauthorized ammunition, or other unauthorized equipment on duty. 2. Service Area Commanders account for and maintain a complete and current inventory of all shotguns and equipment assigned to their respective Shotgun Storage Room, procure an adequate supply of flashlights, batteries, and shotgun ammunition, and maintain security of the Shotgun Storage Room located at their respective Service Area Substation. 3. Unit Commanders who are designated to handle situations requiring specialized weapons are familiar with all city owned weapons and equipment, their usage, appropriate ammunition, access, and storage locations of each. The Special Operations Unit Commander maintains a complete and current inventory of all weapons assigned to the S.W.A.T. Unit on an annual basis. The Special Operations Unit Commander forwards a copy of this inventory to the Office of the Chief of Police and the Departmental Armorer. 4. Supervisory officers, upon discovering an officer under their supervision carrying a personally owned weapon on duty, determine if the officer has qualified with the weapon, is approved, and is authorized to carry the weapon on duty. 5. The Firearms Proficiency Control Officer notifies an officer's Division Commander when the officer's qualification with a particular weapon has expired due to a lapse of time. The Division Commander, upon notification, insures that the officer either qualifies with the weapon or does not carry the weapon until qualified. 6. The Training Academy Commander is the custodian of the Departmental Weapon Ranges and establishes safety rules for these ranges and other weapon ranges utilized by the department. The Training Academy Commander designates all Firearms Proficiency Control Officer(s). 84 • • i 1 ) • i • • • • • � • � . C. Officers 1. 2. 3. Officers are responsible for their city weapons, including the city shotgun, while under their control and /or possession. a. Officers having a city weapon stolen or lost must immediately report such loss to the Office of the Chief of Police and submit copies of the report to his Division Commander, Theft or Burglary Units, the Departmental Armorer, and the Accounting, Budget, and Personnel Unit. If the loss or theft occurred inside the City limits, the officer causes an offense report to be prepared. If the loss or theft occurred in another jurisdiction, the officer notifies the appropriate law enforcement agency so that a report is made. b. Officers maintain and clean all weapons they carry. Officers insure that their weapons are functioning properly and safely at all times. c. Officers having a city weapon that is damaged or inoperative must immediately submit a written report to their Unit Commander, listing the malfunction or damage. Officers forward a copy of this report to the Departmental Armorer. Officers deliver the damaged or inoperative city weapon to the Departmental Armorer. Officers carrying personal weapons on duty have the weapons repaired at their own cost. (1 ). Officers do not repair or modify any city weapons or equipment. (2). Officers may not have city weapons or equipment repaired or modified by anyone other than the Departmental Armorer. d. Officers · requiring a spare or replacement city weapon should contact the Departmental Armorer or their immediate supervisor. Upon the issuance of a spare or replacement weapon, the Departmental Armorer or the officer's immediate supervisor completes the appropriate receipt. Officers are familiar with the safe operation and use of all weapons carried or assigned including the city shotguns. Officers who faii to demonstrate their knowledge of the weapon and all operational aspects of a particular weapon to the Firearms Proficiency Control Officer are not allowed to qualify with that weapon until such knowledge and skills are acquired . . Officers assure that they are currently qualified with any weapon they carry whether used in an on- or off-duty capacity. This includes shotguns and special use weapons, if the officer normally has control and/ or possession of those weapons and is expected to use those weapons at any time. 4. Officers may not carry or use non-approved weapons, ammunition, accessories, or equipment as defined in Section .06 of this procedure. D. Firearms Proficiency Control Officers 1. A Firearms Proficiency Control Officer must be present on the Departmental Weapons Range and other weapon ranges utilized by the Department when Departmental firearms exercises are being conducted. 2. The Firearms Proficiency Control Officer is in charge of the Departmental Weapons Range and other weapon ranges at all times during Departmental firearms exercises. 85 3. The Firearms Proficiency Control Officer: a. Insures the safety of all persons at weapon ranges: b. Assures that all persons on the weapon ranges adhere to the range safety rules and may eject any person from the range for unsafe or disruptive conduct; c. d. Immediately submits a written report describing the unsafe conduct incident and/or ejection from the range to the Training Academy Commander and forwards a copy of this report to the Office of the Chief of Police and the appropriate Division Commander when an officer is involved; Administers and scores the firearms qualification of all officers; e. Approves all weapons for use by individual officers (as defined in Section .06 of this procedure) through the qualification process: f. g. h . Keeps and maintains all records regarding the firearms qualifications of each officer; Upon the lapse of an officer's qualification, the Firearms Proficiency Control Officer notifies the officer, the officer's Division Commander, and the Office of the Chief of Police. This notification lists the officer and the specific weapon involved; and Assists officers, through training, to become proficient with any authorized weapon. . 05 FIREARMS QUALIFICATION A. Standards 1. 2. 3. Texas State Law requires that certified Texas Peace Officers qualify with firearms carried and/or used at least once every ·calendar year. This includes on-duty firearms, off-duty firearms, city shotguns, sniper rifles, and other firearms the officer is expected to use. Officers shall carry an approved firearm while within the corporate limits of the City of San Antonio and may carry an approved firearm at their discretion when outside the corporate limits of the City of San Antonio. A firearm is not approved for an officer to carry, unless the officer is currently qualified with that firearm. All officers qualify with the city handgun at least once each calendar year and must score a minimum of seventy (70) percent on the department's established course of fire as administered and scored by the Firearms Proficiency Control Officer. 4. Officers qualify with the city shotgun at least once each calendar year. If the officer becomes disqualified due to a lapse of time or other reason, the Firearms Proficiency Control Officer notifies that officer's Division Commander to insure that the officer is not in possession or control of a shotgun until qualified. 5. Officers expected to carry or operate special use firearms including, but not limited to, sniper rifles qualify at least once each calendar year with those firearms in addition to other firearms carried or used. 6. Officers wishing to carry a firearm other than the city firearm, qualify once each calendar year with the firearm. The officer must: a. Present an authorized firearm and demonstrate to the satisfaction of the Firearms Proficiency Control Officer his ability to operate the firearm in a safe manner; 86 • • 1 • • • • ,I • • .06 B. b. Upon successfully demonstrating an ability to operate the firearm safely, the officer must score a minimum of seventy (70) percent on the department's established course of fire; and c. Upon successfully completing the course of fire, the Firearms Proficiency Control Officer approves the firearm for carrying and use by that officer. 7. The Firearms Proficiency Control Officer may qualify an officer with a firearm the officer has not fired if, In the opinion of the Firearms Proficiency Control Officer, the firearm is sufficiently similar to a weapon with which the officer is currently qualified. The firearm must be of the same caliber and similar in design and functioning ability. Lapse of Qualification 1. An officer's qualification will lapse due to the passage of time when the officer fails to qualify at least once during a calendar year . 2. The approval of the firearm will lapse with the lapse of qualification. C. Proficiency Awards 1. Officers are awarded the appropriate marksmanship badge upon demonstration of their proficiency with an approved weapon during firearms qualification in accordance with th~ National Rifle Association Program. a. Officers who, during firearms qualification, achieve a score from seventy-five (75) through eighty-four (84) are awarded a "Marksman" badge. b. Officers who, during firearms qualification, achieve a score from eighty-five (85) through ninety-four (94) are awarded a "Sharpshooter" badge. c. Officers who, during firearms qualifications, achieve a score from ninety-five (95) through one hundred (100) are awarded an "Expert" badge. d. Officers who, during firearms qualifications, attain five (5) perfect scores of one hundred (100) are awarded a "Distinguished" badge. 2. Officers awarded these badges may wear them with the regulation uniform in compliance with Procedure 310.00, "Personal Grooming, Uniform, and Equipment Regulations." APPROVED WEAPONS, ACCESSORIES, AND AUTHORIZED EQUIPMENT A. Approved Weapons in General 1. Approved firearms are those that have been approved for use by the Firearms Proficiency Control Officer through the qualification process. 2. Approval is not limited to handguns but includes all firearms an officer carries, is expected to use on duty, or is routinely in possession or control of, such as the city shotgun which is normally carried in patrol vehicles. 3. The approval of a firearm is limited to the calendar year in which the officer qualified with the specific firearm plus the following year. 4. Any revolver or semi-automatic handgun which has a bore diameter of { ?.$(?:h~ inches or larger and holds five (5) rounds or more is an approved weapon. . .......... .......... . 87 ~-------- - --- - 8. 5. With the exception of approved handguns, officers do not carry any personally owned firearms while on duty. 6. Officers carry only those weapons as approved herein. Handguns 1. The following handguns are approyed for use while in uniform: 2. a. Smith & Wesson, model 65, stainless steel, with four-inch barrel (city or personally owned); b. Smith & Wesson, model 681, stainless steel, with four-inch barrel (city or personally owned); C. d. Smith & Wesson, model 66, stainless steel, with four-inch barrel (personally owned); Smith & Wesson, model 686, stainless steel, with four-inch barrel (personally owned); or e. Ruger, model GP-100, stainless steel, with four-inch barrel (city or personally owned). Concealed handguns are carried out of view when not in uniform in a secure holster specifically designed for the handgun being carried. C. Shotguns 1. 2. City-issued shotguns may be carried as standard equipment in marked police vehicles equipped with a shotgun rack. They are issued to marked police vehicles according to the S.A.P.D. number stamped on the gun stock. An officer checking out a police vehicle without a shotgun is responsible for determining the status of the assigned shotgun, unless one is not assigned. The Armory and Supply Unit maintains an updated roster of the shotgun assignments. This unit is also responsible for making future shotgun assignments. 3. When removing or replacing shotguns in the shotgun room, the officer records in the shotgun log book, the following information, on the page that corresponds with the S.A.P.D. gun number which is stamped on the shotgun stock: 4. 5. a. Officer's signature; b. Officer's badge number; and c. The date and time in the Armory or vehicle (whichever is appropriate). When an officer has to check a shotgun in or out of the shotgun room, a supervisor accompanies the officer. The supervisor initials the log book after ensuring that the proper entries are made in the log book and that the correct shotgun has been checked in or out. Extra shotguns, when available, are kept in the shotgun room and may be used in the event regularfy assigned shotguns are being cleaned or repaired. These extra shotguns are returned to the shotgun room as soon as the regular shotgun is placed back in service. 6. When carried to and from storage areas in the building, the shotgun is carried empty with the action open and the muzzle pointed in a safe direction. Any shotgun stored in a location other than a police vehicle is unloaded. 88 •. • • 1 • • • • • D. E. F. • G. • H. • 7. While in the vehicle, the. shotgun is carried in the vehicle safe mode (chamber empty, hammer down, safety off, and magazine loaded). Holsters 1. All Holsters must be of a good quality smooth leather. The holster must have an adequate restraining device or strap to prevent loss of the weapon or be of the clamshell variety. No holster is worn in the cross-draw style while in uniform. Uniform duty holsters are black leather only. Plainclothes holsters may be either black or tan leather or black cordura nylon material. 2. Holsters must be designed for the specific weapon being carried in it and in sound working condition. 3. Stocks 1. In cases of special assignment which make the use of a holster impractical, officers may carry their approved handguns without the use of a holster only when approved by their commanding officer. The following grips are authorized for uniform duty: a. Standard factory grips; b. Personal wooden grips which are similar to factory grips in shape and color; and c. Black-col(?red •Pachmayr" style rubber grips. 2. Ornamentation such as silver or gold caps, inlays, or pearl type materials are not authorized and are not worn on the grips of uniformed duty weapons. Ammunition 1. 2. 3. 4 . Knives 1. 2 . Uniform officers carry city-issue ammunition in unmodified form only. On-duty plainclothes officers carry a sufficient amount of reserve ammunition to allow for the complete reloading of the firearm they carry. Officers do not use ~andloaded ammunition on duty. Only City-issue ammunition is used in the revolver and shotgun. Officers may carry a folding knife while on duty, providing the knife is not defined as illegal or prohibited in Chapter 46 of the Texas Penal Code. Officers in uniform who carry a knife, carry It in a black leather case on the Sam Browne belt. Intermediate Weapons 1. An officer desiring to carry an intermediate weapon while on duty must: a. b. Successfully complete a training course in the use of the weapon; Present the weapon and the certification of training to the Training Academy Commander or his designee; and 89 I. 2. C. Demonstrate, to the satisfaction of the Training Academy Commander or his designee, his proficiency in the use of the weapon. Upon presentation of the training certificate and satisfactorily demonstrating his proficiency in the use of the weapon, the Training Academy Commander or his designee: a. Approves or disapproves the training course; b. Recommends approval or disapproval for the officer to carry the weapon while on duty; and c. The approval or disapproval of the training course and any recommendation is in writing and included in the officer's training file. 3. Upon approval of the training course and recommendation for approval to carry the weapon, the officer presents the weapon and a copy of the Training Academy Commander or his designee's report to his Division Commander. 4. The officer's Division Commander: a. Makes a written recommendation approving or disapproving the carrying of the weapon; and b. Forwards a copy of his report to the Training Academy Section for inclusion in the officer's training file and to the Office of the Chief of Police. 5. The Chief of Police makes the final decision to approve or disapprove the carrying of the weapon. UnAuthorized Firearms and Accessories The following listed firearms and accessories are not authorized for use by members in performance of their duties: 1. Firearms: a. Smith & Wesson, aluminum, J-Frame revolvers; b. Colt Detective Special, aluminum frame revolvers: d. All firearms which hold less than five rounds of ammunition. 2. Accessories: b. Any firearms accessories which interfere with accepted combat use of the weapon; c. Custom grips with thumbrests or any protuberance which interferes with the insertion or extraction of cartridges; d. Cutaway trigger guards; or e. Any accessory or alteration which renders the firearm unsafe. 90 I ~ .1 � ' • ~ l •• , 1 • ., , l • • • • I ( • � I µ t::[: ::[:[:[:::ii::::iI::f1B§t1fflM: : : smm 1 :rntttitimtm: J~t1 1it~oon~1: :12rJtltr1 m§em-H1mm1tetHi.r@11.J~t: ninrJ.nn9.1 @r :iitEnr~im ~ 1111 @m 1 ; itia, 1 111,111,w, 11 11, . 1~:11 11i111~1r1 1N1.rrmitm9irJn1tt: 2trwmt1:: :IF.1!ffltmmI,tilJJ1H;i.ml!I !m§111.nxJ111i11 11m1!W{ 1 1;11rti.&Bllf ltl: ~ 1 mHt£@f!iKrf§!l!lI ¥.JH~tm1m1 i~lfflimm•1 m ffilfHtldi!Mffit:!UffiltiP.9.l p~]f1Ittnr&@M!~tfitPt!~i ?!?1\IlFl§l§.tfflU!fi)!J§!E!4::i!f~i«tW?:tiHIJ1P! ::!~~W!:: l1§::ffifHPA\?~@J itittLilF!~Ri!!t l! JlP!: Jijfft !ll~rJ.t!tJfi \\JteP!!Pl]f tmW:~ 91 ,, • ( • • • • • • .01 .02 .03 INTRODUCTION A. The purpose of this procedure is to establish departmental regulations for all sworn members of the San Antonio Police Department regarding proper appearance, grooming, the wearing of the police uniform, and the carrying of persona{ equipment. B. Deviation from this procedure is allowed only by permission of the officer's Division Commander when necessitated by the officer's ~pecial assignment. DEFINITIONS A. "Regulation Uniform" means the prescribed uniform shirt, trousers, leather accessories, badges, patches, insignia of rank, footwear, sidearm, ammunition, and equipment. B. "Prescribed Headgear" means the appropriate covering for the head, specified for wear in section .05 of this procedure, and includes the helmet, the police cap, police hat, and the cold weather hat._ C. "Complete Uniform" means a regulation uniform and the prescribed headgear. GENERAL UNIFORM REGULATIONS A. Officers currently wearing uniform articles that meet prior uniform specifications may continue to wear these items until their replacement is necessitated by wear and tear. B. Officers purchasing uniforms or accessories will purchase and wear only those articles authorized herein. C. Officers wear neat, clean, and pressed clothing while on duty. D. Items of clothing requiring a patch or repair are not worn, unless the patch or repair is small and inconspicuous. E. All officers will possess and maintain in good order a complete uniform. F . Officers are authorized to wear the regulation uniform: 1. When performing approved outside employment for which the wearing of the uniform has been authorized by the Office of the Chief of Police; and 2. When commuting to and from work or approved outside employment. G. Officers shall not wear the regulation uniform or any part of a complete uniform while off duty for any activity not specifically prescribed in Section 310.03 F of this procedure, without prior written authorization from the Office of the Chief of Police. H. I. An incomplete uniform is not worn at any time, nor will any item of the uniform be worn at any time except as a part of a complete uniform . Proposed changes to the Uniform Specifications Appendix are routed through the chain of command to the Office of the Chief of Police . 93 .04 J. Periodic inspections are made in accordance with Procedure 315.00, "Inspection Procedure/ by supervisors to ensure subordinates are in compliance with this procedure. K. Dress regulations regarding court appearance are covered in Procedure 311.00. "Court Appearances." PERSONAL GROOMING A. The following regulations govern the style and length of hair, sideburns, mustaches, and other facial hair worn by sworn members of the Police Department. 1. Male Officers a. b. c. d. The face is kept clean, except that a neat, evenly trimmed mustache is permissible. No portion of the mustache extends below or more than one fourth (1 /4) inch beyond the line of the individual's upper lip. Mustaches are not waxed or twisted. No beards or goatees are allowed. Sideburns are neatly trimmed and straight. They do not extend past the lower edge of the ear, nor are they wider at the lower edge or conspicuous in shape. Hair is worn neatly trimmed. (1). Hair is clipped _on the sides and back to present an evenly tapered appearance. (2). (3). (4). (5). (6). (7). Hair is not overly long or brushed in such a manner that it interferes with the wearing of the prescribed headgear. Hair does not touch the shirt collar, except for the close-cut hair on the back of the neck. Hair may touch the back of the ear, but does not extend over the edge of the ear. Hair does not extend below the prescribed headgear "headband" on the forehead. Hair ornaments are not acceptable. Hair is not worn in unusual styles that might detract from the professional appearance of the uniform. 2. Female Officers a. Facial and eye make-up is neatly and thinly applied and harmonizes with hair color and the color of the uniform or plain clothes worn. The make-up is conservative. b. Hair is not dyed an abnormal color. c. Hair does not extend below the prescribed headgear "headband" on the forehead. d. Hair is not overly long or brushed in such a manner that it interferes with the wearing of the prescribed headgear. (1 ). Hair does not extend more than three (3) inches below the top of collar of the regulation uniform shirt. 94 • • • ~ J I •• , • • • • • .05 • • [ · f . I e . (2). (3). One (1) "French Braid," one (1) "Plait Braid," one (1) ''Twist .. or "Bun" style is permissible if neatly worn. All styles must be pulled away from the front of the face, and hair must be either secured naturally or with an approved ornament. All braids must be tucked under to prevent the appearance of a ponytail. The following hair ornaments which are black, dark navy blue, or tortoise shell in color with no designs or attachments may be worn: (a). Barrettes; (b). Plastic banana clips; and/or (c). Plastic clincher combs. (4). Bobby pins which are black or brown in color may be worn. Pigtails, ponytails, large bouffant hair styles, rubber bands, ribbons, and other non described hair ornaments are prohibited. B. Officers who are otherwise excused from these grooming regulations pursuant to Procedure 310.01 B, are prohibited from wearing a regulation uniform until they comply with the preceding grooming regulat_ ions. POLICE HEADGEAR A. The police hat conforms to those specifications currently approved and adopted in the Uniform Specifications Appendix. B. The police hat is worn with the regulation uniform: 1. 2. 3. To all formal occasions including, but not limited to, funerals, Police Officer Memorial Day events, and formal inspections; On assignments requiring high visibility including, but not limited to, parades, Fiesta events, Gran Prix, traffic control, or foot patrol; and When directed by the Chief of Police or the officer's Division Commander. C. The police hat is worn "straight-away." It is not cocked forward, sideways, or backward on the officer's head . D. The hat cover for all officers, except the Traffic Division Officers, is trench blue in color. E. The hat cover for the Traffic Division Officers is white in color. F. G. H. The issued hat insignia is worn centered in the front of the hat. Officers who hold the rank of sergeant and above wear a gold-colored insignia. All other officers wear a silver-colored insignia . A flexible metal band is worn above the visor of the uniform hat and is attached on each side by metal-threaded buttons. Officers who hold the rank of sergeant or above wear a gold-colored flexible metal band and buttons. All other officers wear a silver-colored flexible metal band and buttons. Officers in uniform while riding a motorcycle must wear a crash helmet which is securely fastened with a chin strap. On-duty motorcycle officers wear the issued helmet. Off-duty officers, in uniform, wear a helmet limited in color to white, black, blue, or a conservative combination thereof. 95 .06 .07 I. The police cap: 1. 2. May be worn by officers assigned to the K-9 Unit, S.W.A.T. Unit, Helicopter Unit, Narcotics Unit, Vice Unit, or R.O.P. Unit · and by Training Academy officers when performing together or separately as a team. Is not worn with the regulation uniform. ij{{l:l:l:l:l:l:lll:lrnni:l:F.&@I !9:!l:&!9:!We!!:l:Blm:l:ffia; 1 IIIl:ElII!~tWPrrt:w1,::lffi@l:llt@!.is1: m1fflfiP!fflitf Poolml ]n]IY:l:l ljffli:l:fjggl.P:§H]?:@mM[ Jiltm l ?IIEIED!H im: Jf§mtiffl: ml: ]JPJ.fflifflfH§lmi: ]Jil§fil UNIFORM SHIRTS A. Only shirts conforming to those specifications currently approved and adopted in the Uniform Specifications Appendix are worn. B. Uniform shirts are long or short sleeve. 1. The long sleeve shirt has six metal buttons. Officers who hold the rank of sergeant or above wear gold-colored buttons. All other officers wear silver-colored buttons. These buttons fasten cuffs, pocket flaps, and shoulder epaulets. 2. The short sleeve shirt has four metal buttons. Officers who hold the rank of sergeant or above wear gold colored buttons. All other officers wear silver colored buttons. These buttons fasten the pocket flaps and shoulder epaulets. C. All buttons on the shirt must be buttoned at all times with the exception of the collar button. Sleeves are not rolled up or turned under on any uniform shirt. D. The shirt is tailored, sized, and cut to present a neat appearance. E. Undergarments exposed at the neck are white and are not of a "turtle-neck'' design nor do they have a collar; however, officers who wear body armor may wear an undergarment that corresponds to color of the vest. UNIFORM TROUSERS A. Only trousers conforming to those specifications currently approved and adopted in the Uniform Specifications Appendix are worn. B. Uniform trousers do not have cuffs. C. Uniform trousers do not have pocket flaps. D. Uniform trousers have belt loops and are not of the beltless design. E. Uniform trousers are no shorter than one inch above the juncture of the heel-sole and the upper part of the shoe or boot. They do not extend lower than this same juncture. F. Trouser legs are not belled or pegged. They are of the ·straight-leg" or "moderate-flare" design. ("Hip-hugger" styles are not permitted). G. Trousers are sized and cut to present a neat appearance. 96 .1 • .08 • UNIFORM LEATHER ACCESSORIES A. B. All uniformed leather accessories must be of good quality leather, dyed black, highly polished, and smooth surfaced. Uniformed officers wear the following leather accessories: 1. One (1) plain black trouser belt; 2. One (1) Sam Browne belt secured with a rectangular metal buckle; a. It is worn in a position over and concealing the trouser belt. b. Officers holding the rank of sergeant or above wear a gold-colored buckle. All other officers wear a silver-colored buckle. 3. One (1) holster; 4. 5. 6. 7. a. The holster is worn on the Sam Browne belt and complies with the specifications prescribed in Procedure 309.00 'Weapons Procedure." b. The holster is centered over the stripe on the outside seam of the trouser leg. c. The holster is not worn in the cross-draw style. Three (3) belt keepers (minimum); a. Two (2) double keepers with four (4) button snaps. The double keepers are worn on the back of the Sam Browne belt, one (1) on each side of the spinal column. b. One (1) single keeper with two (2) button snaps. The single keeper is worn on the front of the Sam Browne belt where it provides the best support. c. Officers who hold the rank of sergeant or above wear keepers with exposed gold- colored snaps. All other officers wear keepers with exposed silver-colored snaps. Ammunition Carrier(s); a. Ammunition carrier(s) are worn on the Sam Browne belt in front of the holster. b. One of the following ammunition carrier configurations must be worn: (1 ). One (1) twelve (12) round flat-loop ammunition carrier, or (2). Two (2) six (6) round flat-loop ammunition carriers, or (3). One (1) six (6) round flat ammunition carrier and one (1) six (6) round speed loader in a black leather pouch. One (1) open-type handcuff case is worn on the back of the Sam Browne belt. The handcuff case is positioned over either the left or right rear trouser pocket; and One (1) issued radio carrier is worn on the Sam Browne belt by officers on duty assignments that require the use of a portable radio. The radio carrier is worn on the opposite side of the holster. 97 .09 .10 C. The following items may be worn on the Sam Browne belt: 1. Flashlight ring or pouch; 2. 3. 4. Key ring; Nightstick ring; Knifecase; or 5. Additional open-type handcuff case with handcuffs. (If worn, it is worn on the back of the Sam Browne belt, opposite of the required handcuff case). BADGES A. Officers wear only those badges prescribed below which meet those specifications established in the Uniform Specifications Appendix. B. The San Antonio Police Department Badge is worn by all uniformed officers, attached to the badge holder on the left breast of the outermost garment. C. Name Badges are worn by all uniformed officers. Name Badges are centered one-fourth (1 /4) inch above the right shirt pocket seam. Officers holding the rank of sergeant and above wear gold colored Name Badges. All other officers wear silver-colored Name Badges. D. Award Ribbons may be worn by officers who have received department honors that have a designated ribbon accompanying the award. If worn, Award Ribbons are one-fourth (1 /4) inch above and centered on the Name Badge. Two to three bars are worn to a row. E. Marksmanship Badges issued by the department may be worn. If worn, Marksmanship Badges are one-fourth (1 /4) inch above and centered on the Name Badge or one-fourth (1 /4) inch above and centered on any ribbons worn. Officers holding the rank of sergeant and above wear gold-colored Marksmanship Badges. All other officers wear silver-colored Marksmanship Badges. F. Unit badges for members of the S.W.A.T. Team, Special Operations Unit, Bomb Squad, Hostage Negotiators, Helicopter Unit, Honor Guard, and Downtown Foot Patrol Unit may be worn by officers currently assigned to those units. If worn, Unit Badges are worn on the uniform shirt, one-fourth (1 /4) inch above and centered on the Marksmanship Badge or the Name Badge. G. Current Field Training Officers may wear a silver-colored "F.T.O." insignia. Prior Field Training Officers leaving the program in good standing may wear a flat black-colored "F.T.O." insignia. If worn, "F.T.O." insignias are worn one-fourth (1 /4) inch above and centered on the Marksmanship Badge or the Name Badge. PATCHES A. Officers wear only those patches prescribed below which meet those specifications established in the Uniform Specifications Appendix. B. The San Antonio Police Department Shoulder Patch is worn one-half (1 /2) inch below the shoulder seam on both sleeves of the uniform shirt. The Patch is worn in the same position on both sleeves of the uniform jacket and windbreaker. C. The Winged Wheel Patch may be worn by officers assigned to solo motorcycle duty. It may be worn as long as the officer is assigned to solo motorcycle duty. It must be removed upon termination of the officer's assignment. If worn, the Winged Wheel Patch is worn on both sleeves of the uniform shirt, jacket, and windbreaker and centered one-half (1 /2) inch below both shoulder patches. 98 .1 � 1 � ' ' ·~ •. ~ .,; . . • t ' • • • .11 .12 D. Service Stars and/or Bars may be worn on the long sleeve uniform shirt, jacket, or windbreaker. Officers holding the rank of sergeant and above wear gold-colored stars and/or bars. All other officers wear white-colored stars and/or bars. If worn, Service Stars are centered four (4) inches from the end of the left sleeve. Stars precede any bars and are worn two (2) to a row. Service Bars follow any stars and are worn one to a row. One star represents five (5) years of service. One bar represents two (2) years of service. INSIGNIAS OF RANK A. Uniformed officers shall wear the appropriate insignia of rank as pres~ribed herein. B. C. D. E. F. The insignia of rank for the Chief of Police is one (1) metal gold-colored star. It is worn one-half (1 /2) inch from the front edge of each collar flap of the uniform shirt and centered on the shoulders of the command uniform, jacket, and windbreaker. The insignia of rank for a Police Deputy Chief is one (1) metal gold-colored leaf. It is worn centered one-half (1 /2) inch from the front edge of the collar flap of the uniform shirt and centered on the shoulders of the command uniform, uniform jacket, and windbreaker. The insignia of rank for a Police Captain is two (2) metal gold-colored bars, worn one-half (1 /2) inch from and parallel to the front edge of the collar fiap on the uniform shirt and two (2) metal gold colored bars worn centered on the epaulets of the command uniform, uniform jacket, and windbreaker. The insignia of rank for a Police Lieutenant is one (1) metal gold-colored bar, worn centered one-half (1 /2) inch from and parallel to the front edge of the collar flap of the uniform shirt and centered on the epaulets of the uniform jacket and windbreaker. The insignia of rank for a Police Sergeant is gold-colored Sergeant's chevrons. They are centered one-half (1 /2) inch below the shoulder patch of the uniform shirt, jacket, and windbreaker. The background is dark blue for the shirts and black for the jacket and windbreaker. G. The insignia of rank for a Police Detective-Investigator is white-colored Corporal's chevrons. They are centered one-half (1 /2) inch below the shoulder patch of the uniform, jacket, and windbreaker. The background is dark blue for the shirts and black for the jacket and windbreaker. JACKETS AND WINDBREAKERS A. Uniformed officers wear only those jackets and windbreakers which meet the specifications established in the Uniform Specifications Appendix. B. Officers holding the rank of Sergeant or above wear gold-colored metal buttons on the jacket and windbreaker. All other officers wear silver-colored buttons on the jacket and windbreaker. C. Black leather jackets with shoulder straps and slash pockets, which are short enough for the service revolver to be worn on the outside, may be worn only by: 1. 2. 3 . Solo Motorcycle Officers; K-9 Unit Officers; and Bomb Squad Unit Officers. 99 . 13 WET WEATHER ITEMS A. Uniformed officers wear only those raincoats and rainsuits meeting the specifications established in the Uniform Specifications Appendix. B. Black rainboots or shoes may be worn at the officer's discretion. . 14 COLD WEATHER ITEMS . 15 .16 .17 The cold weather hat and black or navy blue neck scarfs may be worn during extremely cold temperatures upon approval of the officer's Division Commander. FOOTWEAR A. Boots worn with the uniform conform to those specifications established in the Uniform Specifications Appendix. The uniform trousers are worn outside the boot tops. B. C. D. E. Shoes worn with the uniform conform to those specifications established in the Uniform Specifications Appendix. Black motorcycle boots are worn only by the Traffic Division officers assigned to solo motorcycle duty. The solo motorcycle officer's breeches are worn inside these boots. Tennis shoes, regardless of color, are not worn with the regulation uniform. Loafers, wing-tips, or shoes with ornamental designs, buckles, or straps are not worn with the uniform. F. Socks worn with low quarter shoes are black or navy blue in color with no designs present. JEWELRY A. Uniformed officers may wear a wristwatch. Rings may also be worn, but only one on each hand is permitted. (A wedding set is considered one ring). B. Female officers, only, may wear dark navy blue, silver, or gold-colored stud type or one-half (1 /2) inch single style loop earrings (with a breakaway clasp). No more than one (1) pair of earrings may be worn at any given time. Only one earring is permitted per ear. C. Visible necklaces and other decorative jewelry are prohibited. D. Medical alert bracelets may be worn. OFFICERS IN CIVILIAN CLOTHING A. Officers assigned to uniformed duties report for duty in the appropriate uniform, unless they have permission of their Division Commander to report in civilian clothing. B. Officers assigned to duties involving frequent contact with the public, such as officers on investigative assignments and officers performing office duties, report for duty in conservative apparel appropriate to an office setting. 1. Male officers report for duty in a suit, sport coat and slacks, or a leisure suit. If a suit is worn, a dress shirt and tie are worn. If a sport coat and slacks are worn, a shirt with an open collar or dress shirt and tie may be worn. a. The shirt is tucked inside the trouser waistband. 100 • • • l • ~ • • • .18 • ~ ~ • • .19 • .20 • • r C. b. Denim jeans, regardless of color, are not worn. Denim jeans are defined as jeans made of a firm durable twilled cotton fabric woven with colored warp and white filling threads. 2. Female officers wear dresses, slacks and blouses, or pant suits. No denim jeans or hip huggers are permitted. Officers may deviate from these standards only with permission of their Division Commanders. SPECIAL UNIFORMS A. B. C. D. E. F . G. I. The Command Uniform: 1. Is designed by the Chief of Police and complies with those specifications established in the Uniform Specifications Appendix; 2. May be worn by the Chief of Police, Deputy Chiefs of Police, and Captains, instead of the regulation uniform; and 3. The uniform leather accessories are not required to be worn with this uniform. The Jumpsuit Uniform may be worn by officers in the following units: 1. Helicopter; and 2. K-9 Unit. The Tactical Uniform may be worn by officers assigned to the S.W.A.T. Team while specially deployed . The Flight Uniform may be worn by officers assigned to the Helicopter Unit. The Honor Guard Uniform may be worn by officers assigned to the Honor Guard when engaged in Honor Guard activities. Motorcycle Breeches may be worn by officers assigned to solo motorcycle duty. The Cadet Uniform is worn by cadets while assigned to the Training Academy . Specifications for the above uniforms are contained in the Uniform Specifications Appendix. BODY ARMOR Officers may wear the issued body armor. Requests for issuance or replacement of body armor are made by written report to the officer's Division Commander . SIDEARMS AND AMMUNITION A. Sidearms carried by officers must conform to the specifications and requirements set out in Procedure 309.00, 'Weapons Procedure.· B. c. Officers in uniform carry their sidearm, loaded, in the uniform holster. Officers in uniform must carry twelve rounds of issued ammunition in the prescribed ammunition carrier(s). 101 D. Ammunition carried by officers in plain clothes conforms to the specifications and requirements set out in Procedure 309.00, "Weapons Procedure." .21 MISCELLANEOUS EQUIPMENT .22 A. Officers in uniform may carry the issued baton. B. Officers may carry personal or issued paging devices. Paging devices are not of the audible type. C. D. E. F. Paging devices worn by officers in uniform are worn in such a manner as not to detract from the professional appearance of the uniform. Officers may carry heavy duty flashlights in lieu of the issued flashlight. Officers may carry only those weapons which have been approved according to the process established in Procedure 309.00, "Weapons· Procedure." Officers in uniform must carry the issued handcuffs in the prescribed handcuff case. Officers in civilian clothing who are not assigned to administrative duties must carry the issued handcuffs while on duty. Officers may carry a folding knife in a black leather case on the Sam Browne belt provided the knife is not defined as illegal or prohibited in Chapter 46 of the Texas Penal Code. UNIFORMS DAMAGED OR DESTROYED A. The department reimburses officers for uniform items damaged or destroyed in the line of duty in accordance with the schedule on file in the Accounting, Budget and Personnel Unit. B. Officers assigned to plain clothes duty may be reimbursed for repairs or replacement of clothing damaged in line of duty incidents. C. Officers requesting reimbursement for damaged or destroyed uniform items must adhere to the following procedure. 1. The officer must submit: a. A request for reimbursement (an Incident Report); b. A copy of the report of the police incident, wherein the item(s) were damaged; and c. The damaged item(s) to his Division Commander. d. The request must be made within thirty (30) days from the date of the incident; if the officer is either absent or on injury leave, the request must be made within thirty (30) days after return to duty. 2. The Division Commander, upon inspection of the damaged item(s), determines: a. If the officer will be reimbursed for the replacement cost of the item; and b. Determines the dollar amount, if any, of the reimbursement. 3. If reimbursement is approved, the officer must: a. Replace the damaged item(s) and retain the receipt of purchase; and b. Surrender the damaged item(s) and the receipt of purchase to his Division Commander. 102 'J • • 1 • I • • • , , ' • � . • . k • • • 4. 5. The Division Commander will cause a "Request for Payment" or "Petty Cash Voucher" to be prepared, signing same. The officer must contact the Accounting, Budget and Personnel Unit and submit the signed "Request for Payment" form or "Petty Cash Voucher," with the receipt of purchase attached, for reimbursement. 103 .01 .02 .03 INTRODUCTION The purpose of this procedure is to establish departmental policy regarding court attendance, stand by process, dress requirements, compensation for attending court, receiving of subpoenas, and the procedure for court absences. ATTENDANCE REQUIREMENTS A. Police officers promptly attend court when subpoenaed. If they are unable to attend, they must notify the respective court office or Court Liaison Unit. Once an officer has been dismissed by the court, he: 1. · Promptly leaves the courtroom so as not to disturb the proceedings; and 2. If on duty, the officer immediately returns to service. B. If an officer is absent from or tardy to court, he submits a report covering his absence or tardiness to his immediate supervisor who forwards a copy of the report to the Office of the Chief of Police through his chain of command. The Office of the Chief of Police determines whether the absence or tardiness is chargeable against the officer. Should the Office of the Chief of Police rule that the absence or tardiness is chargeable, the officer is penalized according to the following prescribed penalties. Copies of all the reports are inserted in the officer's "201 File." DRESS 1. Officers responsible for a chargeable court absence are penalized four (4) hours of acquired compensatory time for the first violation, eight (8) hours for the second, and eight (8) hours with other disciplinary action for any subsequent infraction in any one six-month period running from January 1 to June 30 and from July 1 to December 31, each year. 2. Officers responsible for a chargeable tardy court appearance are penalized two (2) hours compensatory time for the first tardy appearance, four (4) hours for the second, and eight (8) hours with other disciplinary action for any subsequent infraction in any one six-month period running from January 1 to June 30 and from July 1 to December 31, each year. 3. Officers missing several court settings on the same day are penalized a maximum of eight (8) hours compensatory time. A. All officers attending court as witnesses appear in uniform or in appropriate civilian attire. 1. Male officers report for court in a suit, sport coat and slacks, or a leisure suit. If a suit is worn, a dress shirt and tie are worn. If a sport coat and slacks are worn, a shirt with an open collar or dress shirt and tie may be worn. ' a. The shirt is tucked inside the trouser waistband. b. Denim jeans, regardless of color, are not worn. Denim jeans are defined as jeans made of a firm durable twilled cotton fabric woven with colored warp and white filling threads. 105 .04 2. Female officers report for court in dresses, slacks and blouse, or pant suits. No denim jeans or hip-huggers are permitted. B. Officers assigned undercover work or other special details need not shave their beards or cut their hair, but they shall conform to other dress requirements. SUBPOENAS INSIDE BEXAR COUNTY A. B. c. D. E. F. Most subpoenas for San Antonio Police Officers are received in the Court Liaison Unit where they are directed to the respective officer's unit of assignment. Each unit maintains a subpoena log book which the officer checks upon reporting for duty to determine if he has any subpoenas. Police officers pick up their subpoenas and make the necessary return immediately upon receipt. Every officer of this department shall cooperate with the deputies serving subpoenas for the District and County Courts-at-law. If the officer is notified by telephone that a subpoena has been issued, he must obtain the name of court, the date, the time, and the caller's name. The officer will either prescribe to the Standby Procedure or Attendance Requirement Procedure in this section. When a subpoena is received for a date on which the subpoenaed officer will be on vacation, the subpoena is immediately returned to the Court Liaison Office with notification that the officer is on vacation and the beginning and ending dates of that vacation. If an officer schedules leave after he has received a subpoena, he is still obligated to appear in court or be on standby. Failure to do so could result in forfeiture of compensatory time. A supervisor reviews the subpoena log book to insure that the officer has no subpoenas during the period of the requested leave. When an officer is required to attend two different courts at the same time, he attends the higher court and notifies the lower court and/or Court Liaison Unit of his whereabouts. s ®.:JII\1:§P: §ftQ§HAiHJ\fr§Hi§I@Fiffl~I§QQNIM § l!H@Mlf f'.dill!lilllllllllf 11111•1tr•\Vllf ii1111\Uilfi» .06 STANDBY PROCEDURES A. An officer receiving a subpoena with a standby form attached signs for the subpoena as usual. If the officer will be on duty when the court appearance is scheduled, he indicates that he will be on standby status and lists the proper telephone number of the Police Department and the extension where he may be reached. If the officer will be off duty when the court appearance is scheduled, he indicates this on the standby form by completing the form and listing the location and telephone number where he can be reached on that particular date. The standby hours for off-duty officers for all courts are 1000 hours to 1100 hours or 1330 hours to 1430 hours. Standby is automatic, unless otherwise stated or stamped "No Standby". Recording devices (answering machines or beepers/pagers) are not permitted during the standby hour. B. All reset court dates or times for District Court are on a ''Trial Setting Notice" prepared on two (2) pages of white paper. The "Trial Setting Notice• is a subpoena. The first page containing information on the Defendant, Court, Officer, and Date is retained by the officer as a reminder. The second page is filled out by the officer and returned to the Court Liaison Unit. 106 ' 1 ... I • • • .07 COMPENSATION FOR OFFICER'S OFF-DUTY COURT APPEARANCE A. B. Officers on off-duty status who attend court, or who "standby" for court, are entitled to receive compensation as outlined in this section and as enumerated in the current contract between the City of San Antonio and the San Antonio Police Officers' Association. Officers, when required to attend court as a result of activities arising from their employment as San Antonio Police Officers, receive compensation for off-duty court appearances in the following: 1. State District Courts; 2. County Courts-at-Law; 3. Grand Juries; 4. Justice of the Peace Courts; 5. San Antonio Municipal Courts; 6. Bexar County Juvenile Courts; and 7. Texas Board of Pardons and Paroles. 1. Retained by the officer; or 2. Surrendered to the Accounting, Budget, and Personnel Unit, in which case overtime or compensatory time, at a rate specified by the current contract between the City of San Antonio and the San Antonio Police Officers' Association, is recorded on the officer's behalf. D. An officer, who refuses or neglects to apply for compensation from the out-of-town jurisdiction which secured his attendance, provided that compensation from the jurisdiction is available, receives no overtime or compensatory time from the San Antonio Police Department. E. Officers receive compensation for off-duty appearances at Civil Service Commission or an Arbitration Hearing as follows. F. 1. 2. When the officer is subpoenaed by the city, he is compensated according to the compensation for attendance in those courts outlined in .06 B; and / When the officer is subpoenaed by the respondent, he is granted compensatory time at the rate of one hour per hour required to satisfy the subpoena to a maximum of three (3) hours. Officers do not receive any compensation from the City when attending Civil Proceedings in a Court of Law except as enumerated in Section .07 A, "Civil Proceeding." G. When an officer is subpoenaed to more than one court on the same day, only one subpoena is honored for compensation. (Exceptions are appearances in one court in the morning and the other court in the afternoon). H . An officer, required to stay in court beyond three (3) hours, is compensated for the actual time spent In court. 107 I. J. K. L. M. An officer on off-duty status, who attends court in the morning and is dismissed before three (3) hours time has elapsed and is ordered to return after lunch, receives the three (3) hour minimum or the actual time spent in court (whichever is greater) for the afternoon appearance. An officer signs in on the appropriate court register, or in the Court Liaison Unit when the court is in the Bexar County Courthouse or Bexar County Justice Center. To receive compensation, an officer submits the Court Attendance Card. The Court Liaison Officer issues Court Attendance Cards when the officer is dismissed from a court held in the Bexar County Courthouse or Bexar County Justice Center. The court bailiff signs the Court Attendance Cards for all other Courts and writes in the time and date dismissed. Other items necessary on the card are: 1. Defendant's name (if any); 2. Name of Court; and 3. Time appeared. In order for an officer to receive the proper compensation for his off-duty standby status for court, he attaches the subpoena to an overtime card and forwards it through his normal chain of command. When an officer on off-duty standby status for court is called to appear, he receives regular court appearance compensation. · .07 CIVIL PROCEEDING .08 A. An officer who testifies or gives a deposition in a civil proceeding does not receive compensation from the Police Department, unless the appearance is the result of the officer having taken some police action. If the appearance is the result of an official police action, the officer receives the same compensation that he would receive for any other court appearance, provided the officer submits verification of his attendance and any compensation he received for his attendance. B. An officer does not testify in a civil proceeding, unless he is property subpoenaed by either the plaintiff or the defendant in the case. TESTIFYING A. When an officer is testifying, he should remember that his task in this capacity is to act as a reporter of facts. The officer testifies with honesty and accuracy regardless of what effect it may have on the ultimate disposition of the case. B. C. An officer carefully reviews the facts of the case before testifying in court. He studies his notes and memoranda ahead of time so that, when he is on the witness stand, he does not have to refer to them unless absolutely necessary. The officer takes his notes concerning the case to court with him. An officer testifying at any criminal judicial proceeding avoids displaying notebooks, reports, or other documentary evidence, unless directed to do so by the district attorney, his assistants, or the judge. (If displayed, the defense counsel is able to examine the entire document and possibly compromise information on other investigations) . . 09 COURT LIAISON UNIT A. The Court Liaison Unit, located in the Bexar County Criminal Justice Center, is manned by police officers of the San Antonio Police Department. 108 • ~ • - ~ • •• ~ • .10 B. The Court Liaison Unit works closely with the prosecutors of their respective courts and reviews most cases prior to the trial. During the _review, the Liaison Unit points out certain aspects of the case from the point of view of the police officer, enabling the prosecutor to better understand the actions taken by the officer. C. The Court Liaison Unit is open from 0745 hours to 1630 hours, Monday through Friday, excluding holidays. The Liaison Unit may be reached at 220-2440, 220-2471, 220-2103, 220-2346, and 220- 2428. D. If an officer on standby status is needed to testify in a proceeding, he is notified by the Court Liaison Officer that this attendance is necessary. The officer shall fully cooperate with the directions of the Court Liaison Unit. E. The Court Liaison Unit supplies officers with information regarding the status, progress, or disposition of a case in their respective court. Officers should contact the Court Liaison Unit whenever any court-related question or problem arises. JURY DUTY A. Members report for duty to serve as a juror when selected to do so. B. The normal tour of duty of officers notified to report for jury service is governed by the following provisions. C. 1. Officers on assignment from 07 45 hours to 1630 hours report to their supervisor who relieves them in time to report for jury duty. 2. Officers assigned to the A Shift (0630 hours to 1430 hours) report for roll call and are relieved by their supervisor in time to report for jury duty. 3. 4. Officers assigned to the B Shift (1430 hours to 2230 hours) advise the Unit/Shift Commander of their jury assignment. They report to their duty assignment as soon as relieved by the Court and complete the remainder of their normal shift. Officers assigned to the C Shift (2230 hours to 0630 hours) report for roll call, perform any essential functions such as checking subpoenas, etc., and then are relieved by their supervisor to return home _ to rest in lieu of the jury duty they are to perform the next day. 5. Officers working any hours other than those listed above contact their supervisor and make arrangements for their jury service. 6. Officers selected to serve on a jury whose duration is more than one (1) day must contact their supervisor and make arrangements for time off regular duty assignments to serve on the jury. Upon completion of jury duty and the return to regular duty, members shall submit a Notice of Leave form (pink slip) for all regular tour of duty time used for jury duty and attach the jury duty certification card and any compensation received for the jury service to the Accounting, Budget, and Personnel unit. 109 � - . • • • • • • • • .01 .02 .03 INTRODUCTION The purpose of this procedure is to establish a process to provide on-duty officers with free parking "on or adjacent to the police building," in accordance with the collective bargaining agreement by and between the City of San Antonio and the San Antonio Police Officers' Association. NORTH, WEST, EAST, SOUTH, AND PRUE RD. SERVICE AREA STATIONS Service Area Commanders, with the exception of the Central Service Area Commander, establish and maintain a system to provide for the parking of vehicles belonging to on-duty officers assigned to the Service Area. DOWNTOWN FOOT PATROL UNIT The Commander of the Downtown Foot Patrol Unit establishes and maintains a system to provide for the parking of vehicles belonging to on-duty officers assigned to the unit. .04 HEADQUARTERS AND CENTRAL SERVICE AREA STATION The Office of the Chief of Police provides for the parking of vehicles belonging to on-duty officers assigned to Headquarters and the Central Service Area, in accordance with this procedure . . 05 HEADQUARTERS AND CENTRAL SERVICE AREA STATION PROCEDURE A. Issuance of Parking Permits 1. Officers assigned to divisions, sections, or units reporting for duty at Police Headquarters . or the Central Service Area Station and desiring to exercise their privilege to park their privately owned vehicles "on or adjacent to the police building," submit a written application to the Office of the Chief of Police . 2. The Office of the Chief of Police, on approval of the application, issues the appropriate parking permit. 8. Permit Restrictions 1. Parking permits are of a distinctive color, indicating the parking lot of assignment. 2. Parking permits are displayed hanging from the inside rear view mirror. 3. Parking permits are valid only for the vehicles listed on the member's application, the assigned parking lot, the member issued the permit, and during the member's regular assigned duty hours. 4. Members do not loan, borrow, trade, or give their issued parking permit to anyone. C. Enforcement 1. 2. Members park their private vehicles only on the assigned lot. Vehicles parked in violation of this procedure are subject to the penalties imposed by the appropriate City Ordinance. 111 D. E. F. Surrender /Replacement of Parking Permits 1. Members who have lost, stolen, or damaged parking permits submit a written report to the Office of the Chief of Police, requesting a replacement. Replacement cost for lost, stolen, or damaged parking permits are incurred by the member. 2. 3. Members who are assigned parking permits and who transfer out of units, sections, or divisions reporting for duty at Headquarters or Central Service Area will, within three (3) business days following the transfer, contact the Office of the Chief of Police and surrender the assigned parking permit. Members who are assigned parking permits and who transfer within a unit, section, or division reporting for duty at Headquarters or Central Service Area will, within three (3) business days, contact the Office of the Chief of Police to apply for the appropriate parking permit. Penalties 1. Members who park their private vehicie in violation of this procedure are subject to disciplinary action. 2. Members who violate section .05D2 or .05D3 of this procedure are charged four (4) hours of accrued leave for the first violation. 3. Members, after notification and forfeiture of four (4) hours of accrued leave, have one (1) business day to comply with section .05 D of this procedure. Failure to comply within the one (1) business day will result in forfeiture of eight (8) hours of accrued leave. Continued failure to comply with section .05 D of this procedure will result in disciplinary action. Non-Sworn Members 1. The following procedure is established in an effort to facilitate access to the Headquarters building for those non-sworn members whose duty hours are between 1830 hours and 0630 hours. 2. a. b. Affected members desiring to park their private vehicles on the "City" lot submit a written application to the Office of the Chief of Pol!ce; and The Office of the Chief of Police, upon approval and providing space is available, issues the appropriate parking permit. These permits are of a distinctive color and have the following restrictions in addition to those restrictions and penalties enumerated above: a. Valid only between the hours of 1830 through 0630; b. Valid only on the "City' lot; and c. Valid only for space available. G. Members are issued parking permits and assigned parking lots in accordance with the following schedule. 1. The K-Mart lot permit is white or Y:t:1!§W in color and the series numbers 2000 through 2999. 2. Members assigned to the following unit are issued permits for the K-Mart lot: a. CPA; 112 , • l • J • • 1 • • • • • 3 . 4. b. Vice Unit (0745 - 1630 only); c. CID and ICE (0745 - 1630 only); d. Narcotics Unit (0745 - 1630 only); @ fiii!ifi§e!§i.UP:fffiM.fl§nMYM; f.HillllmtffiffliJR!tJipqfmHJfll~ i ~llf lllBt:i ffl!!B~I H WlII[IJ§fM§§!l§iB~rn!!e Mtlitll§Bi.~: The City lot permit is light blue in color and the series numbers 3000 - 3999. Members assigned to the following units are issued permits for the City lot: a. TCD and TCE; b. _ Records Section; c. CID (0730 - 1800 only); d. Narcotics Unit (1500 - 2300 only); e. ICE (1530 - 2330 and 2330 - 0730 only); f. Communications Unit; g. Headquarters Section; h. Youth Services Unit; i. Vice Unit (1800 - 0200 only); MitIIIIfglJ§JIP!Jmt!l§fflf!]! U ftPl81; I IIIII]!l]!nt!fliBt: lllmm Pil[~itEmnt: rm1.tiimfffld!H9HlRB~ m tIIflf§ffl?ml} iffl@!§l!l§ifflfflffi ffiifIJiIIH!ifitI Pffl!§Nii~ e faIIIIlIRIE Yfimllli@ e tlIIII19mi 113 .01 .02 .03 • .04 INTRODUCTION A. The purpose of this procedure is to establish guidelines for the routine use of City vehicles. B. The Tactical and Pursuit operation of City vehicles Is covered in Procedure 609.00, 11 Emergency Vehicle Operation: DEFINITIONS A. "City Vehicle" means any motor vehicle which is owned, leased, or borrowed by the City for use by a member. B. ''Take Home Car" means a City vehicle which is specifically assigned to a member for the member's use in the furtherance of his assigned tasks and to provide said member with transportation to and from his place of assignment. C. "Police Facility' means a building and its adjoining parking lot and includes, but is not limited to, the Police Headquarters, Service Area Stations, and the Training Academy. AUTHORIZED USE A. Members operate City vehicles only for the accomplishment of assigned duties. B. Members operate only those City vehicles assigned to them. C. D. Members do not transport unauthorized persons in a City vehicle. 1. · Authorized persons include on-duty members, prisoners, and witnesses. 2. Approval to transport off-duty members or non-members, except prisoners and witnesses, must be received from the unit supervisor. 3. Approval for any person(s) to ride as an observer must be arranged in advance through the Office of the Chief of Police. Division, Section, Shift, and Unit Commanders maintain a daily record of the assignment and use of all City vehicles assigned to their respective commands. Such record shall reflect: 1. The date, day, and time of use; 2. The vehicle number; and 3. The member's name and unit of assignment. PARKING AND CUSTODIAL RESPONSIBILITIES A. Members do not expose a City vehicle to unreasonable hazards or abuse, except in exigent circumstances. B. Members park City vehicles in accordance with Departmental procedures, State laws, and City Ordinances, except in exigent circumstances. 115 .05 C. D. Members park City vehicles on the Headquarters Building's parking lot in the designated parking spaces when attending court or conducting assigned duties at: 1. City Hall and its annex buildings; 2. Headquarters and its annex buildings; 3. Municipal Court; 4. Bexar County Justice Center; 5. Bexar County Courthouse; and 6. Other City, County, State, or Federal buildings or offices within the area bordered by Durango St. on the South, Pecos la Trinidad on the West, Houston St. on the North, and St. Mary's St. on the East. Members conducting assigned duties at other locations within the downtown area may park City vehicles at the Marina Garage, River Bend Garage, the Hemisfair Garage, and the Market Square Deck without charge, provided: 1. The member signs the parking receipt; 2. The member writes the vehicle number and license plate number on the receipt; and 3. The member displays his department Identification to the parking attendant when presenting the parking receipt upon· exiting from the garage. E. Members parking City vehicles in violation of City, State, or Federal parking regulations who receive a parking ticket: 1. Immediately submit a report detailing the reason(s) the vehicle was parked in violation of the law and the nature of the business being conducted, attached to the parking ticket, through the chain of command to the Office of the Chief of Police. 2. The Office of the Chief of Police makes a determination as to whether the violation was necessary to the member's assigned duties. a. In the event the determination is that the parking ticket was received as a result of the member performing in the furtherance of the member's duties, the Office of the Chief of Police will represent the department in the adjudication of the ticket; or b. In the event the determination is that the parking ticket was received due to the member acting outside his assigned duties, the Office of the Chief of Police will return the ticket to the member for the member's adjudication. F. Members must remove all portable issued equipment including, but not limited to, radios and weapons, from City vehicles which are parked or stored overnight at a location other than a police facility. INSPECTIONS AND REPAIRS A. Prior to operating a City vehicle, members inspect the vehicle for damage or mechanical impairment. 1. Members discovering damage to the City vehicle Immediately notify their supervisor and complete the Found Damage Report (Form No. 162). 115· .1 � l ., i 1 1 .1 1 � 1 j ., � ~ l I .., • • ~ ' r ~ · . • • • • • .06 B. C. D. 2 . Members discovering mechanical impairment, which may affect the safe operation of the vehicle, Immediately report the condition to the Vehicle Repair Shop and advise their immediate supervisor. The supervisor determines whether the member waits for the vehicle to be repaired or if another vehicle is assigned. Members who encounter mechanical problems with their assigned vehicle, while operating the vehicle and the problem would not ordinarily impair the safe operation of the vehicle, immediately notify their supervisor. The supervisor determines whether the vehicle is immediately repaired or returned to service with the repair made later. Members do not alter, modify, deface, or in any way change any part or accessory of any City vehicle without proper authorization. Members remove all portable items including, but not limited to, the radio, shotgun, and radar equipment from vehicles when the vehicle is placed in the repair shop for repairs, which may require the vehicle to remain out of service beyond the end of the officer's tour of duty. OUT OF CITY TRAVEL m !\ffWm1r,,,,.11 tllla1!,1- r11r,ra111ii 1 ® 9 Illffit!§J §if:@rnt1 111a,1m1!lmtillill!l!!Wi!H•11t!iffioo.fili!!hli !lffli i!!PPf§.!.ie§, il!fl! l!lr:iffl ~ 1tl!:lM!llf lf'111fiif t 'ffi@§mlf@ffitiffl!!!tffliJjffljQfi!tK!~~tffiif iffi,J!jfl (t(if'~tm§l§flffl!l!liR,ltl!~fflli ff g ;mm;mlli!l'lll irilfl!lllll:-\ lil'.~lll"; imffl!lt@m~ ro~ W l1t!I@H1111•c•~rJi1111ttlJ1 1i111r,w., m l1WHEllll1il\llilffll-lf &:ijft!smtmffi!!t!'i!~iM!tmilNn!!ml!il!!ItmH1ng1 tt~eli!MM1iffl!¥ G. Members involved in a motor vehicle accident, while operating a City vehicle outside the City: 1. Immediately report the accident to the appropriate law enforcement agency; 2. Advise the investigating officer that the City is self-insured; 3. Obtain the report number (case or assignment number) assigned to the report and the names and addresses of all persons involved; 4 . Record any and all pertinent details of the accident; and 5. Comply with those applicable requirements in Procedure 707.10, "Accidents Involving City Vehicles." .07 PREVENTIVE MAINTENANCE AND CARE A. B. Members refuel any City vehicle they operate prior to ending their tour of duty. Members deliver any City vehicle assigned to them to the Vehicle Repair Shop for preventive maintenance when notified. 117 C. Members remove all rubbish, evidence, and personal items from any City vehicle they operate prior to the end of their tour of duty . . 08 AUTOMATED FUELING SYSTEM .09 .10 A. The Fleet Management Unit will cause a "gas card" to be assigned to each City vehicle assigned to members of the Department. B. Members do not remove the assigned "gas card" from any City vehicle. C. D. Members refuel City vehicles with the assigned "gas card" and do not use a "gas card" assigned to a different vehicle. Members operating a City vehicle with a lost, damaged, or inoperative "gas card:" 1. Obtain the "override gas card" (green card) from the refueling station personnel; 2. 3. Submit a report requesting a replacement "gas card" to the Fleet Management Unit. The report shall contain the vehicle number and odometer reading; and The Fleet Management Unit will cause a replacement "gas card" to be assigned. TAKE-HOME CARS A. ''Take-home" cars are assigned for the member's use while on duty, conducting city business while off duty, and to provide the member with transportation between his residence and place of assignment. B. Members are considered to be conducting "city business" when it is necessary, in relation to their assignment, to visit a Department facility, observe police activities, or monitor police operations during off-duty hours. C. Members exercising their privilege to receive the car allowance, in lieu of the ''take-home" car, will not cause to be assigned nor will they assign any City vehicle specifically for their use. M ~:tr.'"i".'\t'J::•:t!;,os,osl::: :-:-:-:.!@.ff90(Di888 A. The Fleet Management Unit: 1. Maintains a pool of administrative vehicles; 2. Establishes and maintains a system of accountability for these vehicles; and 3. Temporarily assigns these vehicles in accordance to the following priority: a. As a temporary replacement for a member's ''take-home 11 car, when such vehicle is out-of-service for maintenance or repair; b. C. For temporary use by a member, assigned to a unit which has no vehicle assigned or available, for transportation necessary to conduct City business while on duty; and For temporary use by a member to travel out of the City to attend an approved training course or seminar. B. Members requiring a temporary replacement for a ''take-home" car contact the Fleet Management Unit and request a temporary replacement. 118 • 1 • ~ 1 ., .! 1 1 i .l I 1 1 1 •l • • ( . t C. On-duty members who are assigned to a unit, section, or division which has no City vehicle available for use and requires the temporary use of a City vehicle for the purpose of conducting City business while on duty, may request the use of a pool car. The member contacts the Fleet Management Unit and requests such temporary use. The Fleet Management Unit determines if a "pool" car is or will be available for the member's use. 119 .01 .02 .03 lltlllllil tl•t lffl\11 INTRODUCTION The purpose of this procedure is to provide for the notification of command level officers in the event of an unusual occurrence or police incident. DEFINITIONS A. "Unusual Occurrence" means an emergency situation that is of such a significant magnitude so as to compel the recall of personnel, or support from other agencies, in order to protect life and property, prevent escalation, and restore order. Unusual Occurrences include Critical Incidents, Civil Disturbances, and Natural and Manmade Disasters. B. •critical Incident• means a high risk situation that imminently poses a continuing threat of death or serious bodily injury to any person, by any person, and includes Hostage Incidents, Barricaded Individuals, Terrorist Actions, Sniper Incident~, Bomb Incidents, and High-Risk Suicide Situations. C. "Civil Disturbance" means any domestic emergency such as a demonstration, strike, riot, and/or public panic which has the potential of causing casualties or major damage to property. D. "Natural Disaster" means the damaging effects of hurricanes, tornadoes, windstorms, thunderstorms, floods, earthquakes, or other natural phenomena. E. "Manmade Disaster" means a threat to public safety created by fire, conventional or nuclear explosion, air crash, accidents involving hazardous materials, train mishaps, and/or utility outages or shortages. · F. "Police Incident• means any event in which a member of this department is involved which causes the member or another person to incur serious bodily injury or death and includes, but is not limited to, officer-involved shootings. G. "Officer-Involved Shooting" means: 1. An incident in which an officer discharges a firearm and the discharge resulted in a death or injury to any person; and 2. Any incident in which an officer uses deadly force against another or deadly force is used against an officer, which results in death or serious bodily injury to any person. H. "Serious Bodily Injury" means that definition prescribed in Chapter 1, Section 1.07, (34), of the Texas Penal Code. I. •Normal Business Hours• means those hours between 07 45 and 1630, Monday through Friday, excluding holidays. COMMAND NOTIFICATION A. The supervisor-in-charge of the scene of a police incident or unusual occurrence is responsible for the notification of the appropriate command personnel. 121 B. C. Command notification during normal business hours is as follows: 1. When the supervisor-in-charge of the scene is a Sergeant, this Sergeant notifies the on-duty Lieutenant assigned to the Service Area. 2. 3. a. In the absence of the Lieutenant assigned to the Service Area, the Sergeant notifies the on-duty Captain assigned to the Service Area. b. c. In the event there is no on-duty Lieutenant or Captain within the Service Area, the Sergeant notifies an on-duty Lieutenant or Captain assigned within the Patrol Division. In the event there is no on-duty Lieutenant or Captain within the Patrol Division, the Sergeant notifies the on-duty Executive Officer or Deputy Chief assigned to Patrol Division. · When the supervisor-in-charge of the scene is a Lieutenant or a Lieutenant responds to the scene at the request of a Sergeant, the Lieutenant notifies the on-duty Captain for the Service Area. a. In the absence of the Captain assigned to the Service Area, the Lieutenant notifies an on-duty Captain within the Patrol Division. b. In the event there is no on-duty Captain within the Patrol Division, the Lieutenant notifies the on-duty Executive Officer or Deputy Chief assigned to the Patrol Division. In all police incidents occurring during normal business hours, the ranking officer notified of the event shall hold the rank of Captain or above within Patrol Division. When notified, he responds to the scene of the incident and: a. Notifies as soon as possible, the Office of the Chief of Police; b. Decides whether to notify other command personnel; and c. Prepares a report covering the event, which is forwarded to the Office of the Chief of Police, prior to the beginning of the next business day. Police Incident command notification during weekends, holidays, and between the hours of 1630 and 0745 is as follows. 1. When the supervisor-in-charge of the scene is a Sergeant, this Sergeant notifies the on-duty Lieutenant assigned to the Service Area. 2. a. In the absence of the Lieutenant assigned to the Service Area, the Sergeant notifies another on-duty Lieutenant within the Patrol Division. b. C. In the event there is no on-duty Lieutenant within the division, the Sergeant notifies an on-duty Captain within ·the Patrol Division. In the event there is no on-duty Captain within the Patrol Division, the Lieutenant notifies the on-duty Deputy Chief assigned to Night, Evening, and Weekend Command. When the supervisor-in-charge of the scene is a Lieutenant or a Lieutenant responds to the scene at the request of a Sergeant, the Lieutenant notifies the on-duty Captain assigned to the Patrol Division. 122 j , .1 1 j 1 .1 ' " 1 J -~ : l• .-' t I , f ~ - . • I ~ t · l ~ • ;' ~ - . ,. ' l ~ tr f ~ - ~ • 3. a. In the event there is no on-duty Captain, the Lieutenant notifies the on-duty Deputy Chief assigned to Night, Evening, and Weekend Command . b. In the event there is no on-duty Night, Evening, and Weekend Deputy Chief, the Lieutenant requests the Communications Unit to notify the Deputy Chief assigned to the division which the officer involved in the police incident is assigned. (1 ). In the event the Communications Unit is unable to contact the officer's Deputy Chief, the Communications Section begins calling the listed command personnel in the following descending order until one command officer is notified: (a). The Captain assigned as the Executive Officer to the Patrol Division; (b). The Deputy Chief assigned to Operations Administration; (c). The Deputy Chief assigned to the Traffic Division; (d). The Deputy Chief assigned to the Investigations Division; (e). The Deputy Chief assigned to the Services Division; or (f). The Captain Assigned as the Executive Officer for the Office of the Chief of Police. (2). In the event the Communications Unit is unable to contact any of the above listed command officers, the Chief of Police or the Acting Chief of Police is notified . In all police incidents occurring on weekends, holidays, or after normal business hours, the ranking officer notified of the event shall hold the rank of Captain or above. Upon notification, he responds to the scene of the incident and performs the following duties: a. Decides whether to notify the Office of the Chief of Police; b. Decides whether to notify other command personnel; and c. Prepares a report covering the event which is forwarded to the Office of the Chief of Police, prior to the beginning of the next business day. D. Unusual Occurrence command notification during weekends, holidays, and between the hours of 1630 and 07 45 is as follows. 1. When the supervisor-in-charge of the scene is a Sergeant, this Sergeant notifies the on-duty Lieutenant assigned to the Service Area. a. In the absence of the Lieutenant assigned to the Service Area, the Sergeant notifies another on-duty Lieutenant within the Patrol Division. b. In the event there is no on-duty Lieutenant within the division, the Sergeant notifies an on-duty Captain assigned within the Patrol Division. C. In the event there is no on-duty Lieutenant or Captain within the Patrol Division, the Sergeant notifies the Deputy Chief assigned to Night, Evening, and Weekend Command. 123 2. 3. When the supervisor-in-charge of the scene is a Lieutenant or a Lieutenant responds to the scene at the request of a Sergeant, the Lieutenant notifies the on-duty Captain assigned to the Patrol Division. a. In the event there is no on-duty Night, Evening, and Weekend Deputy Chief, the Lieutenant requests the Communications Unit to begin calling the listed command personnel in the following descending order until one command officer is notified: (a). The Deputy Chief assigned to the Traffic Division; (b). The Deputy Chief assigned to the Patrol Division; (c). (d). (e). The Deputy Chief assigned to the Investigations Division; The Deputy Chief assigned to the Services Division; The Captain assigned as Executive Officer for the Patrol Division; or (f). The Captain assigned as the Executive Officer for the Office of the Chief of Police. (2). In the event the Communications Unit is unable to contact any of th~ above command officers, the Chief of Police or the Acting Chief of Police is notified. In all unusual occurrences occurring on weekends, holidays, or after normal business hours, the ranking officer notified of the event shall hold the rank of Deputy Chief or Captain assigned as an Executive Officer. Upon notification, he responds to the scene of the incident and performs the following duties: a. Decides whether to notify the Office of the Chief of Police; b. Decides whether to notify other command personnel; c. d. Decides whether to recall personnel in accordance with Procedure 806.00, NMobilization;• and Prepares a report covering the event which is forwarded to the Office of the Chief of Police, prior to the beginning of the next business day. 124 • • l • � .1 , • • • • • .01 .02 llllllliflll:tl• tllltlilll INTRODUCTION A. This procedure establishes guidelines for conducting formal line inspections of officers' weapons, personal grooming, uniforms, personal attire, and equipment. The purpose of this procedure is to establish a consistent process of formal line inspections for all sworn members. It assigns specific timetables and responsibilities for conducting formal line inspections, identifies those areas to be inspected, establishes a process for the documentation of individual deficiencies, and is intended to bring about compliance with departmental rules, regulations, and procedures relative to the appearance and equipment of members. B. Informal line inspections is an ongoing process conducted daily by supervisors. Minor deficiencies should be brought to the individual's attention when they are identified by a supervisor. PROCEDURE A. Shift/Unit commanders: B. C. 1. Conduct formal line inspections of all subordinates at least once each month (In cases of . extended absences of the Shift/Unit Commander, a sergeant may be assigned to conduct the inspection); 2. Ensure that all officers under his command are formally inspected; 3. Document all individual deficiencies on S.A.P.D. Form No. 109, "Roll Call Inspection Deficiency Report;" and 4. Submit a written report to the Section Commander, documenting formal inspections and deficiencies. Officers are inspected for compliance with applicable Rules and Regulations and departmental procedures (i.e., Rules and Regulations 3.13, "Vehicle Operator License" and 4.11, "Notebook required•, and Procedures 309.00, 'Weapons• and 310.00, "Personal Grooming, Uniform, and Equipment Regulation"); Deficiencies noted by the shift/unit commander are duly documented on the Roll Call Inspection Deficiency Report. D. First-line supervisors are present during formal Inspections to: 1. Assist the Shift/Unit Commander in the inspection; and 2. Record individual officer deficiencies and the Shift/Unit Commander's comments on the Roll Call Deficiency Report. E. Section Commanders closely monitor the formal inspections by: 1. 2. Occasional participation in the inspections; and Review of the Roll Call Inspection Deficiency Reports. 125 .03 ROLL CALL INSPECTION DEFICIENCY REPORT A. This report serves to standardize the documentation of individual officers who fail to meet departmental standards for personal grooming, uniform, equipment, and weapons. B. The use of this form is not restricted to deficiencies noted during formal line inspections only. C. D. E. Supervisors may utilize it any time the need arises to document a subordinate's noncompliance with established departmental standards for personal grooming, uniform, personal attire, equipment, or weapons. The Shift/Unit Commander: 1. Completes a Roll Call Inspection Deficiency Report for each officer who fails to meet departmental standards by checking the appropriates space(s); 2. Briefly explains the deficiency in the comments section; 3. Sets an appropriate date, dependent upon the nature and severity of the deficiency, for the officer to come into compliance; 4. Affixes his signature in the appropriate space; and 5. Forwards the report to the officer's immediate supervisor. Immediate supervisor: 1. Meets with the officer named on the report; 2. Clarifies the noted deficiency, the prescribed standard, and the date of compliance; 3. Affixes his signature in the appropriate space; 4. Requires the officer to sign the Roll Call Inspection Deficiency Report; 5. Provides a copy of the Roll Call Inspection Deficiency Report to the officer; 6. Files the original Roll Call Inspection Deficiency Report in the officer's unit personnel file; 7. Conducts a follow-up inspection on the compliance date; and 8. Completes the original Roll Call Deficiency Report to reflect whether the deficiency: a. Was corrected, indicating the date; or b. Was not corrected. In the event the officer has failed to correct the deficiency prior to the specified compliance date, the officer's immediate supervisor submits the appropriate correspondence along with a copy of the Roll Call Inspection Deficiency Report through the chain of command to the Division Commander recommending disciplinary action. 126 • .~ 1 l •1 ~ 1 ~ 1 •- ~ j SECTION 400 Technical Procedures • • • • • • • • • • • ............... . , - ec --~ - -- ... C a4 ~ M,,,, • ... e: • .. :H • ... ei1 'I e+s - e • ... f • e,, -,, * + • b .. .+,( .. • t l • H * • ' • .. • •• • , t • • .01 INTRODUCTION A. The purpose of this procedure is to establish guidelines for the preparation of the Field Note Offense Report. B. The specific instructions for the completion of the Field Note Offense Report are found in the Training Bulletin titled "Field Note Offense Report Instruction Sheet Guide." This publication is available from the Training Academy on request. .02 THE FIELD NOTE OFFENSE REPORT .03 A. The Field Note Offense Report is the report completed by the officer who is assigned report responsibility for a reported offense or who files a complaint. The Field Note Offense Report consists of three forms. 1. The Field Note Offense Report (S.A.P.D. Form No. 2-1) is used for all offenses prescribed in Subsection .03; 2. The Field Note Offense Continuation (S.A.P.D. Form No. 2-3) is used to supply additional information on the offense report; and a. Is required to supplement additional information on missing or wanted persons and recovered stolen vehicles; or b. May be used for submitting information obtained through field interviews. 3. The Offense Report Supplement (S.A.P.D. Form No. 2-1 S) is used for additional details of the offense when additional space is needed. This form is used only by the officer writing the offense report. B. All offense reports require a case (assignment) number. A suffix number is only added in instances of multiple offenses (i.e., 123456/01 and 123456/02). A case number without a suffix number is presumed to have a suffix of "01." THE PRELIMINARY INVESTIGATION The Field Note Offense Report is prepared and submitted, either handwritten or typed, when the preliminary investigation reveals any of the following: A. An offense classified as a Class B misdemeanor or higher (refer to the Texas Penal Code or Procedure 708.00, "Follow-Up Units"); B. A drug/narcotic violation: C. D. 1. Possession of Narcotic Paraphernalia; and 2. Inhalant Abuse (City Ordinance Violation). A sex offense, such as sexual abuse, indecent exposure, homosexual conduct, public lewdness, or disorderly conduct by exposure; A theft; (I.E., Confidence operations such as home improvement swindles, pigeon drop, goldbar swindle, or three-card monte, are carried as theft/swindle.) The Theft Unit is the follow-up Unit. 127 E. F. Apparent Sudden Deaths and Apparent Accidental Deaths. (Except deaths resulting from traffic accidents, refer to Procedure 707.00 /Accident Investigation"); and Note: The word • Apparent," precedes the use of the word death, except in PtlmID@UmW!@! cases. Other incidents Including: found property, lost property, attempt suicide, accidental shooting (with injury), criminal mischief, and/or federal violations . . 04 OFFENSE CLASSIFICATION TERMINOLOGY .05 .06 .07 A. The number of the Penal Code Statute violated along with the title of the statue and monetary value of the loss (if applicable) are included in box number 3 of the field note offense sheet. EXAMPLE: B. EXAMPLE: P.C. 31.03 P.C. 22.02 P.C. 31.03 P.C. 31.03e 4(c) P.C. 28.03 P.C. 28.03 Theft $20.00 - $200.00 Aggravated Assault Theft (i.e., Purse Snatching and Pickpocket) Theft Enhancement Criminal Mischief (i.e., Interrupting Public Communications) Criminal Mischief (i.e., Livestock) RESPONSIBILITY AND PROCEDURE FOR TURNING IN REPORTS All Field Note Offense Reports are deposited in the designated report collection receptacles, no later than the end of the investigating officer's tour of duty. OFFENSE CODING In the event a subject is arrested for an offense which requires a Field Note Offense Report, the offense code is entered on the Field Note Offense Report. The offense code is written by a member assigned to the Security Services Desk at the top left-hand corner beside the words "Offense Report." The entering of the offense code provides a uniform offense code entry into the computer by both the Detention Unit and the Security Services Desk. APPROVING AUTHORITY Offense reports written under the following circumstances are reviewed, approved, and signed by a supervisory officer: A. If an arrest is made; B. If preliminary investigations which require the presence of a patrol sergeant(i.e., murder, sexual assault, robbery, etc.) are made; and 128 • • • ~ - .08 C. All felony offenses against the person, such as murder, attempted murder, robbery, sexual assault, and sex offenses Involving juveniles. Note: This includes the above listed offense~ for which the preliminary investigation is made at a place other than the actual scene of the offense. (I.E., a sexual assault investigated at the emergency room of a hospital, or a shooting victim that is reported as such by a hospital emergency room.) TELEPHONE REPORTS A. Certain classes of reports are telephoned to the Report Message Center or Service Area Stations as soon as possible by the investigating officer. B. The field notes are then submitted at the end of the tour of duty with the words "CALLED - IN" written at the top of the report. These reports include: 1. Stolen motor vehicle offense reports; 2. Wanted person reports; and 3. Missing person reports . . 09 OFFENSE REPORTS TAKEN BY THE SECURITY SERVICES DESK OR SERVICE AREA STATIONS .10 A. B. When a complainant arrives at Police Headquarters or any Service Area Station in person to report a stolen auto, the member assigned to the Security Desk receives the information and completes the Field Note Offense Report; When Youth Services is not manned, the Security Services Desk or any Service Area Substation accepts Missing Person reports in person or by phone. The member assigned to the desk receives the information and completes the Field Note Offense Report. When a child is less than 1 O years of age, the member receiving the report advises the Communications Unit to dispatch an officer to the scene; and C. In all such cases that appear serious .or extraordinary, the member assigned to the desk advises the Communications Unit to dispatch an officer to investigate. OFFENSE REPORTS TO BE TAKEN BY THE SERVICE EXPEDITER SYSTEM A. Field Note Offense Reports are taken over the telephone by a Service Expediter System (SES) only under the following conditions . 1. The complainant is willing to give the report over the telephone; 2. The offense is not "in progress;" 3. 4. Suspects are not known; There is no physical evidence to be gathered; 5. There is no apparent need for an on-scene investigation; 6. There are no other witnesses to interview; and 7. There is no city or publicly owned property involved. 129 B. Generally the following types of offenses and attempts are handled by the S.E.S.: 1. Theft of: a. Vehicles, trailers, boats, etc.; b. Bicycles; and c. Other miscellaneous thefts (I.e., lawn mowers, etc.); 2. Burglary of Vehicles and Coin-Operated Machines; and/or 3 . Criminal Mischief under $200.00. . 11 OFFENSE AND PRELIMINARY INVESTIGATION REPORT In order to conform to the court decisions affecting the Privacy Act and the Open Records Act, two separate reports are created from the Field Note Offense Report. B. Offense Report - This is the report that is available to the public and the press. This report contains the following information: 1. The offense committed; 2. Location of the crime; 3. Identification and description of complainant; 4. Premises involved; 5. Time of occurrence; 6. Property involved; 7. Vehicles involved; 8. Description of the weather; 9. Detailed description of the offense in question; and 10. Names of investigating officers. C. Preliminary Investigation Report: This is the report that is routed to the follow-up investigation unit. It contains all information that is submitted on the Field Note Offense Report. 130 • • • • • • • •• • • • .01 .02 .03 • • INTRODUCTION A. The purpose of this procedure is to establish guidelines and responsibilities for the proper use of the Incident Report and the N - Code Reporting Program. B. A great deal of statistical data can be retrieved from the Incident report. Additionally, the report is used by the courts, governmental agencies, and civilians in dealing with matters of a civil nature. INCIDENT REPORT USE A. The Incident Report, S.A.P.D. Form No. 2, is the basic report form used for police activities. B. This form has a multipurpose format for recounting routine incidents, supplemental reports, abandoned vehicles, private property accidents, impounded vehicles, and offenses that are not required to be written on an offense report. C. Officers are referred to the Training Bulletin titled "Incident Report Preparation Guide" for the detailed . instructions to correctly complete the Incident Report. D. All Incident Reports are deposited in the designated report collection receptacles no later than the end of the investigating officer's tour of duty. N - CODE REPORTING PROGRAM A. This program provides a vital function by relieving the officer from submitting a written report for false alarm calls, no complainant calls, or wrong address or location calls. B. If on any call the reporting officer would submit an Incident Report consisting entirely of one of the following statements, the officer may notify the dispatcher, using the corresponding N - Code, and be relieved of the responsibility of submitting a written report. This oral report is the officer's official report of the incident. All departmental General/Special Orders concerning reports are applicable to the oral report. 1. N - Code 1: 2. N - Code 2: 3 . N - Code 3: Arrived in area - Found no such address/location - Effort was made to contact complainant - Call back by dispatcher unsuccessful. (Note: The intent of this N-Code is to indicate that the reporting officer made a genuine effort· to locate the complainant.) Arrived at location - Occupant reported he did not call - Ascertained that no problem or incident occurred - Call back by dispatcher unsuccessful. Arrived at location - Unable to locate a complainant - No evidence present that indicates an incident had taken place. (Note: A report is to be written if there is any indication that an incident has taken place.) 131 .04 B. 4. N - Code 4: 5. N - Code 5: 6. N - Code 6: False burglary, robbery, or other alarm - Building/habitation physically secure, no apparent evidence or criminal activity for alarm notification. (Note: When N - Code 4 is used, the reporting officer notifies dispatcher of the alarm type: burglary, robbery, or other and precise address of the alarm site.) Precise addresses are required. Officers do not N - Code 4 calls for service at intersections or block numbers. If the officer is physically unable to check the building/habitation because of an obstacle such as a fence, locked gate, or dogs, then a report is required and the N - Code option is not used. The officer directs a copy of his report to the Alarm Unit. Return call - Added return call information to previous written report. (Only the officer th~t handled the original call can use this code). Outside case jurisdiction - No action taken/proper jurisdiction notified or advised complainant to notify proper jurisdiction. (Note: A report is written whenever any action is taken such as: Complainant/witness interviewed; evidence handled; etc.). The following N - Codes are used solely by the dispatcher. 1. 2. 3. N - Code 7: N - Code 8: N - Code 9: Canceled by the dispatcher. (Note: This code is used whenever an officer has received an internal assignment such as transporting witnesses, juvenile or CID notifications, errands, complainant cancels call, special assignments, and traffic assignments.) Patrol-by given to officer by dispatcher. False burglary, robbery, or other alarm caused by severe weather conditions as probable cause for alarm notification. No further information is required. !~t:ttlIE™ EM~m,:l:l1 l 9 ~ElEiffl1sfflr~Rt:immooW ~me:i:um!l]¥!9m!U g :) 19m~!~ i fIJillE!ffflE§§9iimU EI1QmEe il@@.!II!tttlniIB!iffiffliM §ijffiEt~ N - CODE REPORTING PROCEDURE A. If the reporting officer has a situation or condition that is not covered by an N-Code, the officer submits a written report covering the incident. B. C. D. If the incident is one covered by an N-Code, the officer notifies the dispatcher when checking in service from a call and gives the appropriate N-Code. In those situations covered by N-Code 1 or 2, the officer: 1. Requests the service number of the call from the dispatcher; 2. Requests the information channel dispatcher to call back the telephone number for the complainant; and 3. N-Codes the call, if no further action is required. The dispatcher is responsible for entering the N-Code into the Computer Assisted Dispatch System (CADS). E. The computer updates the case status to "N," unit status to "Clear and available," and writes the corresponding phrase into the dispatching record. 132 1 • ~ • • •• • , • • • • • ~ - ! . ! . F . G. Computer displays of the reported incident indicate the N-Code statement as "Action Taken," along with the officer responsible for making the report. All radio transmissions are recorded and are available for supervisors to determine report responsibility and error correction . 133 • .01 INTRODUCTION A. The various elements of communications constitute essential links in the coordination and delivery of police services. Citizens' expectations of the department include prompt response to the wide variety of calls received. A clear and effective communications process must be adhered to in order to insure not only efficient field operations, but the continued confidence of the community. B. The dispatcher's role is the focal point of this process. Consequently, the importance of this task gives the dispatcher the authority to direct field units as an agent of the Chief of Police. C. Field officers failing to comply with departmental rules, regulations, and orders (as they apply to communications procedures) break down the communications process and, thus, impair dispatchers in properly fulfilling their responsibility to effectively coordinate and deliver police resources to the public. Such problems are corrected by identifying and correcting the behavior of those individuals through the chain of command. D. Commanders and supervisors monitor radio and Mobile Data Terminal (M.D.T.) traffic involving their respective operations in order to preserve proper radio decorum and insure a high degree of. efficiency regarding the functions and activities of their units. The Communications Unit Director maintains a liaison with field commanders in order to resolve problems and ensure that discipline is maintained. E. All voice and (M.D.T.) data transactions over police channels are recorded or logged primarily for the purpose of legal documentation and are available to supervisory personnel desiring to review procedural infractions. F. Procedures internal to the Communications Section that are incorporated into this procedure are limited to those that directly affect various field operations. Tactical activities (i.e., fresh pursuit, case handling, and follow-up) are referred to only as they relate to the communications process. G. The purpose of this procedure is to clearly identify the elements and responsibilities of the communications process and insure adherence to them. Individual responsibilities, classification of calls, call assignment, radio, and telephone procedures are all essential to the maintenance of the quality of service provided by the department. .02 CLASSIFICATION OF CALLS A. Code three emergency calls include those that present an actual or immediate danger of death or serious bodily injury. Officers responding to this type of call, which is simultaneously broadcast over all primary police frequencies and preceded by an emergency alert tone, are authorized to operate marked police vehicles in conformance with Texas Motor Vehicle Laws and department procedures pertaining to the operation of emergency vehicles. All routine or nonemergency radio traffic is suspended from the time of the first unit's arrival until initial radio transmission is received from the scene. Code three calls are usually prompted by the following requests for assistance. 1. A police officer needs help and all instances in which the safety of an officer is directly threatened or immediate assistance is required. For example: A a. A police officer is in trouble or being assaulted; b. A police officer is involved in a shooting; 135 .03 B. C. 2. c. A police officer encounters a robbery, burglary, . or any other crime in progress in which the officer's intervention might be met with violent resistance. Any person under imminent threat of death or serious bodily injury that the officer responding may be able to prevent, including: a. Crimes in progress such as shootings, cuttings, robberies, sexual assaults; and b. Serious situations where human life is In peril and the police have a primary responsibility. 3. Major disasters (floods, aircraft crashes, and other natural or manmade disasters). Code-two emergency calls include those situations that present a strong potential for personal injury to any person that may be prevented by a rapid police response or those incidents where additional police manpower is necessary to contain an imminently dangerous situation. This type of call is simultaneously routed to all dispatch channels to be broadcast over each affected channel on an individual basis. Uniformed officers designated to respond by the dispatcher are authorized to operate marked police vehicles in conformance with Texas Motor Vehicle Laws and departmental procedures pertaining to the operation of emergency vehicles with the exception of not exceeding any posted speed limit by more than ten (10) miles per hour. All routine or nonemergency radio traffic is suspended from the time of the first unit's arrival until initial radio transmission is received from the scene. Examples of code-two calls include, but are not limited to, the following. 1. A police officer or security guard needs assistance with the arrest of offensive persons, crowd control, or imminently violent disturbances; 2. Burglaries or felonies in progress where the actor is on site or in such proximity that a rapid police response may result in arrest or Identification or may present a threat of serious personal injury to any person; 3. Gang fights or fights where dangerous weapons are being used; 4. Fires in which life is in imminent danger and the Fire Department has not yet arrived; and 5. Situations in which an officer may render aid prior to the arrival of medical assistance. Calls of an apparent emergency nature in which the prime responsibility lies with another governmental agency do not constitute a police emergency. For example: 1. Most ambulance calls to noncriminal incidents; and 2. Fires where the Fire Department has already arrived on the scene. D. Code-one, or normal response, calls involve no threat of serious injury to any person and generally require routine police reports or other nonemergency service. Officers adhere to all Texas Motor Vehicle Laws and departmental regulations. MEMBER RESPONSIBILITIES A. Dispatchers 1. As was previously noted, the dispatcher's role carries a critical level of responsibility and authority in the deployment of field resources and is the key element in an effective communications process. 136 • � ' - .~ 1 1 · 1 •· , , 1 ~ .1 I l I • B. 2. Expectations of dispatchers are as follows. a. Exhibits demeanor which conveys an objective attitude of responsiveness and alertness at all times with Immediate and decisive replies to each verbal transaction; b. C. d. e. f. Effectively screens information relayed from communication clerks to ensure that field units receive concise, but sufficient, information in order to make a response appropriate to the situation; Insures prompt disposition of all requests for service by property utilizing the nearest available resource(s); Provides information and assistance to field officers as per procedures; Adheres to proper radio procedures and decorum as required by this procedure; Immediately updates computer status of all officers assigned to the frequency; g. Authorizes markouts for food, drink, personal relief, etc., in accordance with maintaining the availability of adequate field resources; and h. Avoids making any decisions pertaining to operational matters which are better resolved by field supervisors. Uniformed Field Personnel 1. The role of uniformed personnel is to provide the ubackbone" of departmental functions. It is imperative that officers maintain high personal standards, which include efficient communications, in order to satisfy the public's expectation of prompt response to requests for service. 2. Uniformed field personnel adhere to the following duties and responsibilities. a. Checks in service promptly after roll call and notifies the dispatcher of vehicle and radio number. b. Continuously monitors assigned frequencies and promptly responds when called by the dispatcher throughout the tour of duty. c. Acknowledges and accepts all calls without repetition or discussion; (1 ). No officer will fail to respond unless relieved by command authority. (2). Extenuating circumstances beyond the direct knowledge of the dispatcher may be advised in cases where response time may be reduced. d. Requests directions to locations only if necessary on code two or code three calls. 137 e. f. g. h. i. Proceeds to the location of the call or assignment in the most direct, expeditious, and safe manner possible (district officers are not authorized to expedite calls over the phone). Officers must minimize any unnecessary disruptions in their response to assigned calls. Officers encountering any circumstance which delays their response to, or cancellation from, calls and cover calls (traffic violators, suspect stops, etc.) will immediately advise the dispatcher and insure that details of the· situation (ticket number, suspect's name, or other reason for delay) are included iaiiiiii:itii~Jl•IIB\•P1! procedure includes n-coded calls. Returns to service and requests case number immediately upon completion of call (this does not include the period needed to write report); (1 ). Major cases involving follow-up units, complainant/witness interviews or transportation, etc. are coordinated by the field supervisor assigned to the call. (2). Changes in type and location of occurrence for reporting purposes are tabulated from the written report and not reported to the dispatcher over the air. Advises the dispatcher of all status changes (i.e., 10-6 and 10-8) when changing channels, or otherwise being unable to monitor the primary assigned frequency. Officers will not be excused from monitoring the radio or availability for service during: · (1 ). (2). The course of handling assigned calls; Requested food or drink breaks; (3). Traffic or suspect stops; and (4). Personal relief breaks. Plans all transmissions to minimize channel congestion and avoids interrupting any communications unless under emergency circumstances; and Excludes personal reference, difference of opinion, or complaint over any police frequency. (All complaints against dispatchers are handled through the chain of command.) C. Evidence Technicians 1. Although subject to the same expectations and duties as all uniformed personnel listed above (including call handling or cover when necessary), the Evidence Technician provides specialized technical support. 2. Evidence Technicians adhere to the following duties and responsibilities. a. Responds to the scene immediately, without need for confirmation or specific request, to: (1 ). Shootings and deadly weapon assaults; (2). Burglaries of buildings or habitations; 138 • ~ • , • ' � ~ •• • • • • • ,, , D. (3). Burglaries of vehicles with apprehensions; (4). Fingerprint recovered stolen vehicles in accordance with Procedure 701.00, "Crime Scene Duties." (a). Vehicles are printed at the scene in cases involving apprehensions; (b). The Evidence Technician may request to print a stolen vehicle at the pound; or (c). The dispatcher has the option of designating where stolen vehicles are printed contingent on existing workload. b. Responds to the scene upon request of complainant or district officer to: (1 ). Burglaries of vehicles; (2). Felony thefts with apprehensions; (3). Recovered stolen property; and (4). Calls where the investigating officer determines that evidence collection and processing may be needed. Field Supervisors 1. The supervisor has the direct responsibility to insure the effectiveness of all elements under his/her supervision. Where the dispatchers' responsibilities involve general deployment of resources, the supervisors' duties specifically include local or on-scene control and coordination of field units. 2. Duties of the supervisor include: a. Responds to the scene of the following major incidents for the purpose of managing assigned elements: (1 ). Shootings and deadly weapon assaults; (2). Robberies; (3). Confirmed burglaries in progress; (4). Vehicle chases; (5). Major fires; (6). (7). (8). Injured officers; Police vehicle accidents; and Any major or unusual occurrence requiring over four (4) officers. b. Handles complaints on officers (on an- d off duty) received from the public; c. Handles calls where his subordinates fail to respond to the dispatchers: (1 ). Determines appropriate action upon completion of call; and 139 (2). Completes "Failure to Respond" investigation form received from communications. d. Responds to scenes upon request of subordinates; and e. Assists dispatchers in maintaining officers availability for service. .04 CALL ASSIGNMENT A. 8. C. The department has a responsibility to respond with a degree of promptness appropriate to the situation. While the priority spectrum and degree of urgency is wide, each call is extremely important to the individual placing it. For this reason, dispatchers are not restricted to district, section, service area boundaries, or even rank (under exceptional circumstances) when assigning calls. Calls and cover calls are assigned to uniformed elements under a dual concept that: (1) calls are not held for any reason (including shift change); and (2) assigning the officer nearest to the location, who is available for service, provides the most prompt response. The call is dispatched in the following order, if practical: 1. Officer(s) assigned to the district (or section, in the case of an Evidence Technician) where the call is located; 2. Officer completing a call in the district (or section, in the case of an Evidence Technician) where the call is located; 3. Officer assigned to an adjacent or nearest district (or section, in the case of an Evidence Technician) to the location where the call is located; and 4. Officers of any rank, available for service, who may be in close proximity to the call or cover call. Cover officer(s) are dispatched to any situation that presents a potential for physical threat to the officer responding. 1. Assignment of cover calls is at the discretion of the dispatcher, although officers with primary report responsibility may elect to request or cancel cover based on direct knowledge of the situation. 2. Officers, not on another assignment, who are in close proximity to a call which requires cover may elect to respond, although they will remain available for service unless authorized and marked out by the dispatcher. D. Officers arriving at the scene of a call prior to the officer with assigned report responsibility request the dispatcher's permission to handle the ~II. E. Officers encountering an on-sight call prior to its dispatch are expected to handle it, except at the dispatcher's discretion when on another assignment. F. Officers are subject to cancellation from a call or assignment by the dispatcher and placed back in service under the following conditions. 1. When information is received that eliminates the need for further response; 2. A supervisor determines that they are not needed; or 3. A complainant specifically refuses police services (i.e., fingerprinting burglary scenes or stolen vehicles). 140 • • i 1 ' ) ' 1 ~ l ., 4 .1 • • ' ~ · . t f l • . • r t · r ,) l• I ~ t · I .05 t_ __ G. H. Calls involving potential threats of violence or report of threats of violence are not canceled under any circumstances. Investigative and support units are sent when required by established procedure or requested by field elements. Dispatchers will not wait for confirmation from the district officer before dispatching an Evidence Technician to a reported shooting, cutting, or burglary with apprehensions I. Supervisors are sent when required by established procedure or requested by field elements. J. When dispatching to major incidents or any other calls requiring a number of officers to respond (i.e., officers in trouble, chases, and large disturbances) the Communications Sergeant is notified for the purpose of monitoring the situation, coordinating the allocation of field resources with the field supervisor, and maintaining effective field strength. RADIO PROCEDURES A. Radio traffic congestion not only reduces the efficiency of field operations units but compromises officer safety. It is the responsibility of each participant in the communications process to minimize radio traffic congestion to the greatest extent possible. B. All voice and data transmissions conducted on any police frequency shall be directly related to police business. Federal Communications Commission regulations prohibit any form of superfluous, indecent, or unauthorized radio communications under penalty of law. C. The following sequence is used to proper1y transact code-one police calls (code-three calls are preceded by an alert tone). D. 1. The dispatcher calls the entire call number of the officer and waits a reasonable time for response; 2. The officer answers promptly with full call number and is prepared to copy information; 3. The dispatcher gives the officer concise details about the call (excluding cross streets), repeating any numbers in the address twice, and enters the assignment into the computer. (cross street information is given for code-two or code-three calls only); 4. The officer acknowledges receipt of the call by responding with the entire call number and "10-4;" and 5. Cover officer(s) is then assigned, if applicable. Code-two and code-three calls are broadcast immediately upon reception by the dispatcher without regard to officer availability. This will permit any officer to respond if able to complete or deviate from a current assignment. E. Officers will "10-6" upon arrival at the scene and "10-8" upon completion. F. Emergency communications supersede all other forms of radio traffic. 1. Dispatchers suspend communications traffic on all channels before broadcasting any emergency information; and 2. Dispatchers suspend communications traffic for noninvolved or affected units for the duration of the emergency. 141 G. Officers below the rank of Sergeant are not authorized to initiate direct communication between field units on a primary frequency, unless the following criteria are met. 1. The transaction must be incidental to an emergency in progress; or 2. The dispatcher's permission must be secured prior to transmitting. H. Officers may use open channels or M.D.T.s as a police communications link between field elements, but are subject to all provisions of this procedure. I. Personal messages are not transmitted over any police frequency. Messages of an emergency nature may be relayed with the authorization of a supervisor. .06 BROADCAST PROCEDURES .07 A. The following types of information are relayed .to all dispatch consoles by the communications clerks for broadcast to officers needing the information. 1. Police officer needs help (all channels); 2. 3. 4. 5. Crimes in progress that may pose an immediate danger of death or serious bodily injury to officers responding or to any citizen (all channels); Updating information or descriptions pertaining to felony offenses in progress or recently committed (selected channel(s)); All newly receiv~ information concerning missing/wanted persons, stolen autos, and attempts to locate persons or vehicles (selected channel(s)); Severe weather conditions; and 6. Any other information essential to officers in the field. 8. Fresh pursuit of fleeing vehicles is broadcast on affected channels as the vehicle crosses channel divisions. INFORMATION CHANNEL PROCEDURES A. The Communications Unit operates an information channel on a twenty-four (24) hour basis to service the needs of field units, including: 1. Local, T.C.I.C., and N.C.I.C. checks of the following, provided the subject or item(s) is in their custody, possession, presence, or immediate access. (A log is maintained for the purpose of validating and confirming "hits" within the system.) a. Persons (missing and wanted); b. Vehicles (land, water, and air): and c. Property (real or tangible). 2. Validation of warrant checks (municipal, county, state, federal); 3. Complainant callbacks prior to n-coding calls; 4. Case number and assignment generation; 5. Individual or company notifications (alarms, stranded motorists, etc.): 142 I 1 • ' • ~ • ( • i • • i . • ( I ' . l ~ · Ill • • • • .08 6. Other department notifications (public works, law enforcement entities, dog pound, etc.); 7. Directions to new locations or addresses not found in the street guide; 8. Updates of severe weather reports; 9 . 10 . Canceling of stolen vehicles; and Other services appropriately intended to expedite the officer's handling of police matters. FAILURE TO RESPOND A. B. Officers failing to respond after two successive calls from the dispatcher initiate the following process. 1. The "Failure to Respond" form is time-stamped and the case number of the call is noted by the dispatcher, who notifies the Dispatch Supervisor; 2. The appropriate field supervisor is notified and assigned to handle report responsibility on the officer's call. A written report is submitted by the field sergeant under the original case number with a copy to the Unit Commander. Officers responding after the supervisor's assignment to the call are sent to the location to cover and contact the sergeant assigned; 3. The "Failure to Respond" form is completed by the dispatch supervisor and forwarded to the Communications Director; and 4. The Communications Director reviews the form and forwards copies of it to the officer's Division, Section, and Unit commanders for further disposition. If the supervisor fails to respond after three calls, the nearest available Unit Commander is notified by the Dispatch Supervisor for further disposition. The nearest available officer is then assigned the call. .09 PHRASEOLOGY A. The phonetic alphabet is utilized in spelling or using letters in messages. The Standard Phonetic Alphabet is: A - Alpha H - Hector B - Bravo I - India C - Chartie J - Juliet D - Delta K - Kilo E - Echo L - Lima F - Foxtrot M - Mike G - Golf N - November 0 - Oscar P - Papa Q - Quebec R - Romeo S - Sierra T - Tango U - Uniform V - Victor W - Whiskey X - X-Ray Y - Yankee Z - Zulu B. All members of the department are required to be familiar with and use the revised S.A.P.D. Radio Ten-Series Code, S.A.P.D. Form No. 210, when transmitting over police frequencies. 1. All code two and code three calls are broadcast verbally instead of using the ten-code. 2. Field supervisors are responsible for the training of and adherence to the proper use of ten codes by their personnel. 143 .10 RADIO CHANNEL ASSIGNMENTS A. The following are permanent operational radio channel assignments for units within the Department • (asterisks (*) indicate dispatch channels): 1. Patrol Area Channel a. North Patrol Service Area 3 - A * (Patched to 1-A) 1 • b. Northwest Patrol Service Area 2-B* c. West Patrol Service Area 1 - C * d. South Patrol Service Area 1 - E * i • e. East Patrol Service Area 1 - F * f. Central Patrol Service Area 1 - G * g. Traffic Division 1 - H * ·- h. Inquiry 1 1 - I, 2 -1, 3 - I * (Patched) • 'i i. Inquiry 2 1 - J (Foot Patrol Inquiry) ~ ; j. Tactical 1 1 - K, 2 - K, 3 - K (Not Patched) .~ , k. Tactical 2 1 - L, 2 - L, 3 - L ( Not Patched) ~ I. Police Access 1 - M ~ ~ 2. Criminal Investigations Channel •J • a. Intelligence 4-A b. Vice 4-B c. Narcotics 4-C • d. Detectives 4-D e. Repeat Offenders 4 - E * f. Tactical 3 4-F • g. Special Operations 4-G B. Requests for temporary assignment of service channels for special functions or operations are made in writing to the Communications Unit Director. The requests include the reason(s) for requiring the ·J channel, the date(s) and time(s) needed, necessity of dispatch personnel, and other pertinent information. .11 OFF-DUTY COMMUNICATIONS A. The following procedure pertains to the responsibility and usage of individually assigned radios while the officer is off duty. • 144 • ,,, ,. .,, ~ r ~ J • ~ - • • • • • .12 B. C. D. Each officer is responsible for the control of the assigned radio and is accountable for all transmissions from it. 1. 2. 3. Radios kept at the residence should be kept away from children; Radios never leave the control of the officer it is assigned to; and _ Radios are turned off when the assigned officer is out of hearing range. Officers may monitor any desired subfleet available to their assigned radio. Officers working extra jobs should monitor the subfleet serving the area of their location in the event of an emergency. Off-duty officers desiring to transmit over police frequencies are limited to the following instances. 1. Emergency situations where the officer needs assistance to prevent injury or loss of property are reported to the operational channel covering the area of the situation; 2. Crimes in progress or major accidents are reported to the operational channel covering the area of the situation; 3. Police service request of a nonemergency nature are reported to the information channel only if a telephone is not available; 4. Officers . requesting prisoner transportation or case numbers may use the information channel frequency if a telephone is not available or its use would compromise the arrest or officer safety; and 5. Information channel use is restricted to assistance with arrest incidents, stolen vehicle verifications, and hazardous situations that require an immediate response from a governmental agency (i.e., water main breaks, traffic hazards, utility problems, light malfunctions, etc.). TELEPHONIC COMMUNICATION A. Requests for Service 1 . Members receiving telephonic requests for service: a. Obtain the nature of the request; and b. Determine if the nature of the request is such that it may be dealt with by the member receiving the call or another member present within the unit, a member of another unit, or the request is such that a field unit must be dispatched. (Refer to Section .04 of this procedure for call assignment). 2. If the request is such that it may be dealt with by a member of another unit, the member transfers the caller and announces the call to the appropriate unit. 3. If the request is such that a field unit must be dispatched, the member transfers the caller and announces the call to the Communications Unit. 4. Members receiving telephonic complaints against another member comply with the process prescribed in Procedure 303.00, "Disciplinary Procedures." 145 B. Request for Information 1. Members receiving telephonic requests for information may confer information in accordance with Procedure 307.00, "Public and Media Information." 2. Members receiving telephonic requests for another member's home address or phone number DO NOT RELEASE the information and advise the caller to call the City Personnel Office. C. Long-Distance Communication 1. Members needing to make a long-distance telephone call in conjunction with their assigned duties place the call through the department's operator. 2. The department's operator maintains a complete log of all long-distance calls charged to the department. 146 • • • • l ·I • • • • • I ' I r , l• • " • t .. , ! · ~ ~ i · ~ ! , . ~ r . .01 .02 .03 .04 INTRODUCTION A. The purpose of this procedure is to establish guidelines for the creation, maintenance, and regulation of forms, charts, maps, and graphics within the department. B. The Research and Planning Unit maintains and controls existing forms and creates proposed forms. DEVELOPMENT OF NEW FORMS A. B. Any unit requesting the creation, revision, and/or amendment of any departmental form forwards such request, through their chain of command, to their Division Commander. The Division Commander makes a recommendation regarding the request and forwards all approved requests to the Research and Planning Unit. The Research and Planning Unit may revise, amend, or create any form upon concurrence with the affected unit(s). C. Unless exigent circumstances exist or change is mandated by law, present stocks of departmental forms are expended before new forms are placed in use. CREATION OF MAPS, CHARTS, AND GRAPHICS A. Any member or unit requiring the creation of maps, charts, or graphics submits a written request for such, through their chain of command, to their Division Commander. The Division Commander makes a recommendation regarding the request and forwards all approved requests to the Research and Planning Unit. B. The Research and Planning Unit evaluates all requests. If the requested work is beyond the capability of the Research and Planning Unit, it is returned to the originator for bid by outside vendors. C. The budget of the division requesting the creation of maps, charts, or graphics is charged for the cost incurred for the project. PRINTING AND STORAGE OF DEPARTMENTAL FORMS A. The Research and Planning Unit: 1. Assigns a S.A.P.D. form number to all new and existing departmental forms; 2. Maintains a current file of all original forms in use by the department; and 3. Reviews all requests for duplication and/or printing of departmental forms. B. The Print Shop: 1. Stores and maintains an adequate supply of all existing departmental forms; and 2. Prints and/or duplicates all departmental forms within its capabilities. 147 . • ,., � • ., r- ~ · • • • • • • .01 .02 .03 INTRODUCTION A. The purpose of this procedure is to establish a process for requesting computer equipment and reporting computer-related problems. Computer equipment includes, but is not limited to, personal computers, mobile data terminals, printers, hardware, software, mainframes, and portable mobile data terminals. B. The computer equipment provided by the Department is used for the futherance of assigned duties in an authorized manner. REQUESTS FOR COMPUTER EQUIPMENT A. B. C . Members desiring new, additional, or changes to computer equipment, submit a written request for such, through their chain of command, to their Division Commander. The Division Commander: 1. Evaluates and makes a recommendation with regard to the request: and 2. Forwards all requests with a recommendation for approval to the Information Systems Planning Unit. The Information Systems Planning Unit: 1. Evaluates all requests and makes the final determination for approval; 2. Prioritizes all approved requests; and 3. Purchases and installs approved equipment in accordance with budgetary constraints . REQUESTS TO MOVE COMPUTER EQUIPMENT A. Members desiring to have computer equipment moved, which necessitates the disconnecting of or reinstallation of the equipment, submit a written request to their Unit Commander. B. The Unit Commander: 1. Evaluates and approves or disapproves the request; 2. Forwards all approved requests to the Information Systems Planning Unit. (Approved requests shall be submitted no later than five (5) working days prior to the move.); and 3 . Coordinates the move with the Information Systems Planning Unit. . 04 REQUESTS FOR NEW OR CHANGES TO EXISTING COMPUTER SYSTEMS A. Members desiring new or changes to existing computer systems submit a written request to the Information Systems Planning Unit . B. The Information Systems Planning Unit evaluates, makes final approval, and implements all approved requests. 149 .05 COMPUTER HARDWARE PROBLEMS A. Members who encounter problems with computer hardware including, but not limited to, problems with inoperative printers and terminals contact the Information Resources Department at 299 - 8888. 8. Members experiencing persistent problems with computer hardware submit a written report, stating: the problem, the terminal, and/or printer identification number, to the Information Systems Planning Unit . . 06 COMPUTER SYSTEMS PROBLEMS A. 8. Members who encounter problems with computer systems including, but not limited to, systems which are "down" for an extended period of time or systems which do not function proper1y: 1. Contact the Information Resources Department and provide the operator with the terminal number, the name of the program, and state the problem; and 2. Submit a written report to the Information Systems Planning Unit stating the same information. Members experiencing persistent problems with computer programs which indicate a need for a change in the program submit a written report stating the problem and any suggestion for correcting the problem to the Information Systems Planning Unit. 150 1 • • • • • ~ ~ .l � . • • .01 .02 INTRODUCTION A. The purpose of this procedure is to establish departmental policy regarding the holding and releasing of communications recording tapes, the copying of these tapes, and recovering the costs involved. B. Mandates from The Texas Open Records Act bear upon the matter in that they stipulate certain information that agencies must divulge or protect. DEFINITIONS A. 8. C. 11 Tape 11 means the medium utilized for the recording of radio and telephone conversations within the communications unit. "Master Tape" means the large sixty channel tapes which are used for the simultaneous recording of all radio and telephone communications. The terms "Tape" and "Master Tape" are used synonymously throughout this procedure. "Copy" means the act of duplicating a specific portion of a master tape by use of another recording medium. D. "Data Tape" means the medium used for the recording of computer transmissions and transactions through the utilization of Mobil Digital Terminals. E. 'Transcript" means a written copy of a data tape or portion of a data tape. F. "Hold" means the retention and preservation of a specific object for a six (6) month period . . 03 ACCOUNTABILITY and RESPONSIBILITY A. Unless a hold is properly placed on a master or data tape, the information contained on these tapes are retained for a period of not less than thirty (30) days and not to exceed ninety (90) days. B. Radio Maintenance 1. Maintains a complete and current inventory of all master tapes; 2. Forwards a copy of this inventory to the City Communications Office and the Communications Commander semi-annually; 3. Maintains a system of accountability for each tape within their custodial care at all times; and 4. Maintains a log to reflect all copies and holds of any portion of a master tape. 151 .._ ______________________ - c. Information Systems 1. Coordinates holds placed on data tapes with the Information Resources Department; 2. 3 . Maintains a system of accountability for each data tape within their custodial care at all times; and Maintains a log to reflect all copies, holds, and transcripts of any portion of a data tape. . 04 REQUESTS FOR HOLDS A. B. C. An officer requiring a master or data tape to be held for investigative or evidence purposes: 1. Prepares a Communications Request Form, SAPD Form No. 119-C2; 2. 3. Submits the completed form to the officer's Unit Commander for approval; Retains a copy of the approved form with the case file; and 4. Personally delivers or routes the approved request to: a. b. Radio Maintenance for radio or telephone master tape holds or copies; or Information Systems for data tape holds or transcripts. In the event of an emergency request for a hold, Radio Maintenance and Information Systems honor verbal requests to hold a master or data tape for five (5) working days. An approved Communications Request Form must be submitted to hold the master or data tape past the expiration of the five (5) working days. Master and data tape holds remain for a period of six (6) months or until the hold is released by the initiating officer or his Unit Commander, whichever occurs first. When the need no longer exists for a tape to be held, the officer who initiated the hold submits a Communications Request Form to cancel the hold request. .05 NOTIFICATION OF HOLD EXPIRATION A. Ten (10) days prior to the expiration of a hold, Radio Maintenance or Information System prepare written correspondence, directed to the commander of a unit having an active hold on a tape, notifying the commander of: 1. The name of the officer which initiated the hold; 2. The date of the initial request: and 3. Type of information held (i.e., Radio, MDT, Telephone). B. The officer's Unit Commander replies in writing within ten (10) days and: 1. May request an additional six (6) month hold; or 2. Release the hold. C. In the event the Unit Commander fails to reply after notification, the hold is discontinued. 152 ~ • • • • • 06. .07 • ~ - .08 REQUESTS FOR COPIES AND TRANSCRIPTS A. An officer requiring a recorded copy of a segment of a master tape or a transcript of a data tape: 1. Prepares a Communications Request Form, SAPD Form No. 119-C2; 2. 3. 4. Submits the request form to the officer's Unit Commander for approval; Retains a copy of the approved form with the case file; and Personally delivers or routes the approved request to: a. Information Systems for MDT data tape transcripts; or b. Radio Maintenance for radio or telephone master tape copies. B. An officer requesting the duplication of a master tape must furnish a blank standard recording cassette of suitable length to capture the requested information. REQUESTS TO LISTEN TO MASTER TAPES A. An officer having the need to listen to a segment of a master tape: 1. Prepares a Communications Request Form, SAPD Form No. 119-C2; 2. Submits the request form to the officer's Unit Commander for approval; 3. Retains a copy of the approved form with the case file; 4. Personally delivers or routes the approved request to Radio Maintenance; and 5. Arranges the time to hear the tape. B. Radio Maintenance maintains a log to reflect all occasions where an officer listens to a master tape. OUTSIDE LAW ENFORCEMENT AGENCIES, PUBLIC, AND MEDIA REQUESTS A. Outside law enforcement agencies, who request a transcript of a data tape or a copy of a master tape must complete and submit a Request for Public Communications, SAPD No. 119-C1, through the Commander of CID for approval. B. Public, except as otherwise provided, requests for a transcript of a data tape or copy of a master tape must complete and submit a Request for Public Communications, SAPD Form No. 119-C1, through the General Records Unit. C. Representatives of the news media, who request a transcript of a data tape or a copy of a master tape, must complete and submit a request for Public Communications, SAPD Form No. 119-C1, through the Public Information Office. D. General Records notifies the person making the request of the schedule of costs at the time of the request, and the Public Information Office notifies the media of the same. 153 .09 APPROVAL OF PUBLIC INFORMATION REQUESTS A. All public requests for transcripts or copies of department communications tapes are submitted through the Office of the Chief of Police to the department's Legal Advisor. B. C. The Police Department's Legal Advisor: 1. Places a hold on the requested information: 2. Determines, within ten (10) business days, whether or not the information is to be disclosed; and 3. Prepares written correspondence, addressed to the unit receiving the request, advising the unit of his determination. In the event the department receives a request for information which it considers within one of the exceptions stated in The Texas Open Records Act, the unit which received the request prepares written correspondence, addressed to the person who initiated the request, advising the person of the denial of the request. D. On approval of a request by the Office of the Chief of Police, the unit which received the request forwards the request and the approving correspondence to: 1. Radio Maintenance for communication requests; or 2. Information Systems for MDT Communication Requests. E. Radio Maintenance and Information Systems: F. G. 1. Produce the requested information; 2. Prepare an invoice detailing the costs for the production (the costs of providing the copy or transcript shall be in an amount that reasonably includes all costs related to providing the copy or transcript, including costs of materials, labor, and overhead.); 3. Submit the information and invoice to the unit which received the request; and 4. Outside law enforcement agencies are charged for material cost only when it is in connection with a case which originated within this department (all other requests from outside law enforcement agencies are charged the same as other public requests). On receipt of the invoice and information, the unit which received the request prepares written correspondence addressed to the person requesting the information advising the person when and where to claim the information and the charges involved. General Records collects the cost, detailed in the invoice, from the person at the time the information is released. 154 • ~ • • •• 1 .1 , 1 l •' ~ 1 .! 1 -~ • • • l><n -t m <Do tn --t ,.. - • .,, 0 t 0 z (') (11 • ~ (D 0 l · C.o C -t I (D tn ;;: • • r. I , . l ., ' • • ' .01 .02 .03 ll!llllll\lltlla1• 111tlllll'IIII INTRODUCTION A. The sanctity of human life and individual liberties are immeasurable elements of modern society, which vests police officers with the responsibility for the preservation and protection of its paramount values. In the pursuit of this responsibility, officers maintain the understanding that the protection of property and apprehension of criminal offenders is subservient to the protection of life, including their own. B. In the course of discharging their duty, police officers are often confronted with situations requiring some degree of force to be exercised in order to effect and maintain public order and safety. This may be achieved on an ascending scale of advice, warning, persuasion, physical or deadly force, according to and proportional with the circumstances of the situation. The application of force must be conducted in a manner that is reasonable and commensurate to achieving a level of control that cannot otherwise be obtained through the use of other alternatives. C. Although the use of a reasonable amount of force is authorized in appropriate circumstances (such as those involving the protection of the officer or others from bodily harm), officers must be aware that unnecessary or excessive force violates the Texas Penal Code and Departmental policy. POLICY It is the policy of the San Antonio Police Department to require its officers to exhibit a sense of prudent judgment; derived from acquired knowledge, skills, and ability; in the exercise or application of any level of force. DEFINITIONS A. "Force" means the use of verbal persuasion, physical strength and skill, designated chemicals, a baton, or other approved instruments not designed to cause serious bodily injury. B. "Necessary Force" means the minimum amount of and degree of force sufficient to achieve a legitimate police objective. C. "Deadly Force" means force that is intended or known by the actor to cause, or in the manner of its use or intended use, is capable of causing death or serious bodily injury. D. "Approved Weapon" means a weapon used by police officers in the performance of their duties and approved by the San Antonio Police Department, as noted in Procedure 309.00, "Weapons." E. "Reasonable Grounds" is that set of facts or circumstances based on reliable, trustworthy information, or personal knowledge or observation by an officer, which reasonably shows and would warrant an ordinary, prudent police officer, in the same or similar circumstances, to believe that a particular individual is guilty of or is about to commit some offense against the law . . 04 APPLICATION OF FORCE A. Police officers, finding it necessary to use force to achieve a lawful objective, exhaust every reasonable means of employing the minimum amount of force to affect the objective before escalating to the next, more forceful method. However'., nothing in this order is interpreted to mean that an officer must prolong any combat or struggle, in order to satisfy any element of escalation, rather than resort to a reasonable method that resolves the situation in the safest and most expedient fashion. 155 ~------ - --- - - .05 B. C. The amount and degree of force used in attaining a police objective as authorized under the Texas Penal Code, Chapter 9, is determined by the existing circumstances including, but not limited to: 1. The nature of the case; 2. The officer's knowledge of the situation; and 3. The behavior of the subject against whom force is directed. In effecting arrests under normal circumstances, the officer uses verbal persuasion first and resorts to physical strength and agility, or an authorized intermediate weapon, only after other reasonable alternatives have been exhausted or prove ineffective. D. A weapon is not displayed or brandished as a threat unless its potential use in the situation would be proper, or if the circumstances clearly call for the use of a weapon to control a dangerous situation. E. The use of force is not justified in response to verbal provocation alone. F. Authorized chemicals may be used by officers under circumstances of potential riot or civil disobedience on a large scale, or as a tactical measure when approved under exceptional circumstances. G. Officers may resort to the use of an authorized intermediate weapon or device when: 1. Lesser methods have failed; 2. In self-defense or defense of a third party; 3. Subduing a violently resisting actor whenever the situation does not warrant the use of a handgun, and the officer believes there is a substantial risk that he will suffer serious bodily injury if the struggle is prolonged; or 4. Barricading or repelling under crowd-control situations. USE OF DEADLY FORCE A. This procedure applies to all forms of deadly force, regardless of the type of instrument (if any) used. B. The authorized weapons available to an officer are intended to be used as defensive instruments to prevent an assailant from completing a potentially deadly act. A firearm is discharged with the intent to stop or incapacitate and not to kill or injure. To insure maximum stopping effectiveness and minimal danger to nonparticipants, the officer should shoot at "center body mass" when discharging a firearm. · C. An officer uses deadly force only in situations which indicate that he or another person may be seriously injured or killed if such deadly force is not used. 1. An officer with an honest and sincere personal belief that his life or the life of another is in imminent danger is justified in using deadly force to preserve that life. 2. Justification for the use of deadly force is determined by the facts known or perceived by the officer at the time the deadly force is employed. D. Deadly force against one who is fleeing from custody, or who is fleeing immediately after committing an offense, is prohibited unless the officer has probable cause to believe that the suspect poses an imminent threat of death or ~erious bodily injury to the officer or a third party. 156 • • • •• • i • � I � E. F. Firearms are not discharged · under the following circumstances: 1. As a warning shot; 2. When it appears likely that a nonparticipant may be injured; or 3. At or from a moving vehicle, except as the ultimate measure of self-defense or defense of another. Any officer discharging a firearm accidentally or Intentionally, except on the target range, shall Immediately report the Incident to his supervisor. 157 .., . l ~ l ~ - • .01 .02 .03 .04 INTRODUCTION These guidelines are designed to assist officers of the San Antonio Police Department in determining how and when it is appropriate to enforce the law through a warrantless arrest. DEFINITIONS A. "Arrest" means the intentional seizure of a person, whether actual or presumed, by an officer who is acting under real or assumed ·Iegal authority to do so (coupled with a recognition of the arrest by the person arrested) for the purpose of bringing him before a court to answer for the commission of an offense. B. C. "Reasonable Suspicion" means that set of explainable facts and circumstances which lead an officer, in the light of his experience, to conclude that a person possibly is involved in past, present, or future criminal activity. "Probable Cause" means that set of facts or circumstances based on reliable information or personal knowledge or observation by an officer, which reasonably shows and would warrant an ordinary prudent man in ·believing that a particular person has been guilty of, is threatening, or is about to commit some offense against the law. RESPONSIBILITIES A. Officers exercise discretion in the use of their authority to arrest without a warrant. B. The authority to arrest without a warrant is entirely statutory. Any officer who acts outside his authority in making such an arrest may be subject to both civil and criminal liability. WARRANTLESS ARREST AUTHORITIES A. An officer does not make a warrantless arrest except as provided in this procedure. B. Warrantless arrest authorities are as follows: 1. Texas Code of Criminal Procedure (Title 1/Chapter 14): a. Article 14.01 Offense within view; b. Article 14.02 Within view of magistrate; c. Article 14.03(1) Suspicious places and circumstances; d. Article 14.03(2) Assault offenses; e. Article 14.03(3) Violation of court order; f. Article 14.03(4) Family violence; g. Article 14.04 Credible person; h. Article 14.05(1) Other Jurisdictions; and i. Article 51.13 Uniform Criminal Exttadition Act. 159 2. Chapter 18/ Article 18.16 Preventing consequences of a theft; and 3. Texas Alcohol Beverage Code (Article 101.02); 4. Vernon's Civil Statutes, (Article 67.01d Section 153); and 5. Texas Parks and Wildlife Code (Article 11.019 and 11.0191). .05 PROBABLE CAUSE A. 8. An officer makes an arrest without a warrant only if he has enough personal knowledge or reliable information to constituia probable cause upon which an arrest warrant could be issued. An officer may consider all the lawfully acquired information available to him at the moment of the arrest regardless of its admissibility at a trial. C. Though an officer may not rely solely on reasonable suspicion to justify an arrest, he may use this factor as an initial step in establishing probable cause. D. Probable cause to arrest exists when an officer has reason to believe that a person has committed an offense. An officer may make an arrest even though he is unable to determine the particular offense which has been committed. There may be a difference in the decision to arrest and the decision to charge. An officer is not required to know all the legal matters involved in determining with which offenses the offender is to be charged. An officer may have no way of knowing exactly what offense was committed at a time when immediate action is required. E. The officer's good faith does not justify an invalid arrest. F. G. H. To establish probable cause, the officer does not need the amount of evidence required to prove beyond a reasonable doubt that a person is guilty of committing an offense. Only that amount of evidence which reasonably shows that a particular person probably or most likely committed an offense is required. When information from an informant is necessary to establish probable cause, an officer: 1. Explains his reason(s) for believing the informant to be reliable and the underlying circumstances from which the informant concluded that the offense was committed, and that a particular person committed it. 2. An officer seeks some confirmation of the information he receives from a victim or witness: a. An officer determines that the victim or witness was able to observe and remember what happened; b. Directly observable results of an offense can serve as partial confirmation of the commission of the offense; and C. When the circumstances suggest that the victim's or witness' allegations may be untrue, an officer investigates further before making a arrest. The more doubt an officer has about the victim's or witness' veracity, sincerity, or ability to perceive, the more he needs to confirm the information. An arresting officer who does not have probable cause for arrest is entitled to rely on a radio broadcast requesting arrest and assume that the officer requesting the arrest has probable cause to justify it. When one officer makes an arrest at the request of another officer, its validity is determined by whether the information known to the requesting officer is sufficient to establish probable cause. 160 • • • ~ • 4 •• � 1 •, 1 .l 1 1 .l 1 • • • • .06 • ' • • .07 SELECTIVE ENFORCEMENT A. Under certain circumstances, in misdemeanor cases for good cause consistent with public interest, an officer may decide not to arrest, even though probable cause exists. Factors which the officer may property consider in determining not to arrest are as follows. 1. 2. 3. The victim must positively state that he is not interested in prosecuting the offender because: a. b. c. d. He desires restitution only; He is in a continuing relationship with the offender (such as employer-employee); He is in a family-type relationship with the offender; or The actual injury done to persons or damage done to property is minimal. The offender can be released to the custody of another agency which specializes in handling the type of case in which he is involved (i.e., Armed Forces Police). The arrest would result in greater harm to the victim than would nonarrest. 8. When the offense is a felony and circumstances outlined in .06A exist, the officer has the victim and the offender accompany him to police headquarters and contacts the ranking officer of the unit · normally assigned to investigate the particular offense. The ranking officer determines whether the offender is booked or released. However, if the offender is released, a Complaint Waiver is obtained from the victim. DELAY IN MAKING AN ARREST A. 8. C. An officer may, in order to avoid the use of force, delay making an arrest until a more appropriate time, if by so doing he does not jeopardize the eventual arrest. An officer obtains a warrant, if a misdemeanor is committed in his presence or view and he does not arrest at the time the offense is committed. An officer obtains a warrant if a felony is committed in his presence or view and he does not arrest the offender as quickly as is reasonably possible under the circumstances. Delay is reasonable when it avoids the necessity of overcoming resistance by the offender and when it is necessary for the safety of the officer or others. D. An officer who has reasonable time and opportunity to obtain an arrest warrant should always do so. E. An officer obtains an arrest warrant when the offender is committing a continuing offense and the facts establishing probable cause are known to the officer over a period of time. In all cases where an officer has knowledge of a continuing offense, a warrant of arrest is obtained. F. An officer obtains a warrant for a felony or breach of the peace committed out of his presence or view whenever he has reasonable time and opportunity to procure one. Such action is unnecessary when obtaining a warrant would result in: 1. The loss or destruction of evidence; 2. The escape of the offender; or 3. Bodily injury to the officer or others. 161 .08 INFORMING ARRESTED PERSONS A. When not impractical or unnecessary, the officer Informs the person about to be arrested of: 8. C. D. E. 1. The officer's intention to take him into custody; 2. The authority for the arrest; 3. The reason for the arrest; and 4. His rights as per the Miranda Warning. Impractical or unnecessary circumstances include: 1. When the person is in the act of committing the offense: 2. 3. When the person is fleeing from the scene of the crime; When the officer or others would be endangered; or 4. When the arrest would be imperiled. When not in uniform, an officer displays his identification and identifies himself as a police officer as soon as the situation permits. Officers of the San Antonio Police Department read the Rights Warnings, S.A.P.D. Form No. 66-E, to all arrested offenders, including juveniles, taken irito custody. Officers take all persons arrested before a magistrate in compliance with Chapter 5, Articles 15.17 and 15.18, of the Texas Code of Criminal Procedure. 162 • • • I ) 1 1 .1 , • i .1 1 • • • • i I .01 .02 INTRODUCTION A. This procedure is established to provide officers with guidelines in the execution of arrest warrants. B. The duties to arrest, definitions, requisites, issuance, scope, authority, and execution of arrest warrants is outlined in Chapter 15 of the Texas Code of Criminal Procedure . C. It is the duty of every officer to execute an arrest warrant whenever it is within his power to do so. An officer does not refuse to serve a valid warrant on other than legal grounds. GENERAL PROCEDURES A. B. C. D. When executing an arrest warrant, the officer need not have actual possession of the warrant. However, the officer announces to the person being arrested that the arrest is made pursuant to a warrant; and 1. If the officer has the arrest warrant in his possession, he exhibits it to the arrestee; or 2. If the officer does not have the arrest warrant, he informs the arrestee of the offense charged against him. Military regulations require documentation prior to the delivery of military personnel to civilian authorities. Therefore, officers entering a military installation for the purpose of effecting an arrest must possess a copy of the arrest warrant and contact the military police unit assigned to the installation prior to making the arrest. At the time of arrest, officers read S.A.P.D. Form No. 66 - E, "Rights Warning," to all persons arrested under a warrant. Officers take all persons arrested before a magistrate in compliance with Chapter 5, Articles 15.17 and 15.18, of the Texas Code of Criminal Procedure. E. Persons arrested under a warrant are booked following Procedure 601.00, "Prisoners." F. Officers routinely initiate a warrant check on persons they have lawfully stopped. However, such persons are generally detained no more than thirty {30) minutes. The detention may exceed thirty {30) minutes in unusual circumstances when the officer has reasonable suspicion that an arrest warrant is outstanding for the person . . 03 WARRANTS ORIGINATING IN THE STATE A. An officer may serve a misdemeanor or felony arrest warrant issued by any court within the State of Texas any place within the corporate limits of the City of San Antonio, providing: 1. 2. 3. The place is a public place; The officer is in a place he has a lawful right to be; The place is the residence of the person named in a felony warrant; or 4. The place is a private place or residence named in a search warrant, provided that the officer has the search warrant in his possession; and 163 .....----------------- --- - - - ~ - - - - .04 5. If the warrant is issued by a mayor of an incorporated city or town in a county other than Bexar County, the warrant Is property endorsed, according to Chapter 15, Article 15.07, of the Texas Code of Criminal Procedure. B. Officers do not serve arrest warrants outside the corporate limits of the City of San Antonio, unless: 1. The officer is in "hot pursuit" of the person to be arrested, in which case he proceeds according to Procedure 609.00, "Emergency Vehicle Operation,• or 2. The officer Is acting in conjunction with an officer of the jurisdiction where the warrant is to be executed. OUT OF STATE WARRANTS A. Officers may serve a felony arrest warrant Issued by a court outside the State of Texas, providing the provisions of Section .03 above are followed. B. Officers do not execute out-of-state misdemeanor arrest warrants. .05 VERIFICATION OF WARRANT INFORMATION .06 A. Even though a computer check reveals an outstanding arrest warrant for a person and justifies the detention of the person, officers must obtain certain information to verify the warrant is active. The following information is required prior to booking persons arrested under a warrant: 1. The name, date of birth, and other identifiers of the person named in the warrant; 2. The warrant number; The offense charged; 3. 4. The name of the court issuing the warrant; and 5. The fingerprint classification of the person named in the warrant, if the warrant is issued by a court outside of Bexar County or the State of Texas. B. Should there be probable cause to believe that there is an outstanding active warrant, persons detained for verification of out-of-county or out-of-state warrants are taken to the City of San Antonio Detention Center and held until the warrant is confirmed active, an abstract of the warrant is obtained, and the person is identified as the same person named in the warrant. PLANNED EXECUTIONS A. This section governs the execution of arrest warrants when it is believed that a person named in an arrest warrant is within the jurisdiction of the San Antonio Police Department and the execution of the arrest warrant is planned in advance; B. The arrest warrant may be served at any time of the day or night. It may be served at any place, public or private, where the individual named is reasonably believed to be located. Officers need not execute the warrant at the first possible opportunity, but may choose the time and place. Factors to be considered in determining the time and place include: 1. If the location is a third party residence, absent exigent circumstances or consent, a search warrant is obtained and possessed before entering the premise; 2. Knowledge of the individual's whereabouts and likely movements; and 3. Consideration of safety and security of the arrestee, the officers, and third persons. 164 • • • • ~ •• j I ' • .07 ~ ~ - ~ ~ .. ~ - ~ -- ~ • ~ • ~ - � ~ I ~ t · ~ I [ . f ~ - ~ , . • C. D. When entering a private premise, officers announce their identity and purpose and demand admittance. When exigent circumstances exist which unduly jeopardize the safety of the officers, other persons, or the security of the person sought, the officers need not announce their identity or purpose before entering to execute a felony warrant. When officers are refused entry after demanding admittance or when exigent circumstances exist, the officers may forcibly enter the premises to execute a felony warrant. PLANNED FORCED ENTRY A. B. C. In planning a forced entry, the supervisor of the unit executing the warrant evaluates the probability of injury to the persons involved. In this evaluation a determination as to the degree of probability of death or serious bodily injury is made. When a high probability of death of serious bodily injury exists, the supervisor contacts the Special Operations Unit supervisor during their duty hours to determine the necessity for inclusion of Special Operations Unit members in the execution of the warrant. When the probability of bodily injury is minimal, the officer in charge ensures that enough officers are present to adequately protect the safety and security of all persons involved. 1. This includes the presence of uniform officers to identify the group as members of the department. 2. In normal circumstances, uniformed officers enter the premises with nonuniformed officers. 165 ;- · • ' . ~ ,., � , J ~ - ~ [· t . • I i l· .01 .02 .03 INTRODUCTION A. The purpose of this procedure is to establish departmental guidelines under which officers of the San Antonio Police Department follow in the delivery and execution of search warrants. B. An officer to whom a valid search warrant has been issued executes that warrant in the manner provided by law and by the guidelines established in this procedure. GENERAL DUTY A. B. Any search warrant which appears to be in proper form is presumed to be valid. Any warrant which does not appear to be in proper form is not executed and is returned to the magistrate who issued it. This includes any warrant containing significant errors in identifying the place to be searched or the property to be seized. A warrant is never altered In any manner. C. An officer never represents to any person that a search warrant has been issued in a particular case, knowing that such is not true, in order to obtain consent to search. D. Units who do not routinely execute search warrants (ie., Patrol and Traffic) must notify the C.I.D. Unit which has investigative responsibility for the offense listed in the search warrant, so that any active investigations are n· ot compromised. All search warrants that are executed by units that do not routinely perform this function are the responsibility of that unit's immediate supervisor. DEFINITIONS A. "Search Warrant" means a court order directed to a peace officer and is obeyed so long as it is valid on its face. B. "Curtilage" is the yard and buildings surrounding a residence or dwelling place and includes any fenced-in areas around the house, any garages, sheds, outhouses, driveways, barns, etc. Curtilage does not include open fields surrounding a residence, vehicles, or commercial business structures. It does not include fire escapes, lobbies, or common hallways of apartment complexes or multi-unit dwellings. C. "Exigent Circumstances" are those emergency, unforeseen occurrences, or combination of circumstances which call for immediate action; exigent circumstances may exist when there is a possibility: D. E. 1. That a wanted suspect may escape; 2. Of bodily injury to any person; 3. That important evidence will be lost or destroyed; and/or 4. Of serious damage to property, real or personal. "Warrant Execution Supervisor" means any supervisor assigned to the unit that is executing a warrant. This supervisor oversees the delivery and execution of the warrant. "Officer-In-Charge" means the officer that applies for and obtains the search warrant and/or the officer that executes the search warrant. 167 F. G. "Entry Party'' means the group of officers that make the initial entry into the location to be searched and may be used as members of the security party and/or search party. "Security Party" means the group of officers that secure all prisoners and/ or persons found at the location where the search warrant is executed and may be used as members of the entry party and/or search party. H. "Search Party.. means the group of officers that conduct the actual search of the location named in the search warrant and may be used as members of the entry party and/or security party . . 04 TIME OF SEARCH .05 A. A search warrant is executed as soon as practical after it is issued, but not more than three {3) days after it is issued. B. Within the three (3) day period allowed for execution, the time of the actual execution is determined based on the following considerations: 1. The execution should occur when the property to be seized is believed to be present; 2. The execution should occur when the least resistance is expected, or when resistance can best be controlled; 3. 4. Other such considerations of safety, success, and convenience as may be applicable; and· There are no time limits on the continuous search of a location once actual entry has been made. SCOPE OF SEARCH A. A search warrant is executed at, and the search made of, only the place or places described in the warrant. B. C. D. 1. The search may extend to all buildings or structures within the curtilage of the described place where the items sought may be kept. 2. A warrant describing the place to be searched as a limited portion of larger premises may not be extended to other, unnamed portions. 3. Vehicles located upon multi-unit dwelling premises (i.e., apartment complexes) are not searched unless specifically named in the warrant. The search is limited to discovering those items named in the warrant, and examining those places or things which could contain or conceal the items described in the warrant. Items discovered during a lawful search, but not named in the search warrant may be seized if: 1. They were found in a place reasonably within the scope of the search; and 2. There is probable cause to believe they are stolen, or are evidence or instruments of a crime. Persons named in the search warrant are searched and any person(s) the officer(s) develop reasonable suspicion to believe is armed are frisked. The officer(s) may search persons found on the premises to prevent the disposal or concealment of any instruments, articles, or things particularly described in the warrant, if there is probable cause that the person(s) may have such items upon his person. In determining whether probable cause exists officer(s) consider: 168 • • ~ • •• • l • • • ~. ' • • l . l " ;:: 1. 2. 3 . 4. The nature and physical characteristics of the item sought; The ease with which the item may be disposed of, if so concealed; The fact, if true, that the item has not been located upon the premises; and The relationship of the person to the premises, including ownership, residence, frequenter, and to those in control of the premises. .06 RESPONSIBILITIES A. 8. C. Warrant Execution Supervisors: 1. Review all search warrants before execution; 2. Assign the appropriate number of officers for proper and safe execution of the warrant; 3. 4. Ensure that uniformed officer(s) are present at the location named in the search warrant, if possible; Accompany officers in the execution of the warrant, if possible; and 5. Notify the dispatcher before and after the execution of the warrant. Officer-In-Charge: 1. 2. 3. 4. 5. 6. 7. Ensures that adequate steps are taken to provide for the safety and security of the officers involved, items being sought, and any persons who may be at the scene of the execution of the warrant; Develops a plan, either oral or written, for the search warrant to ensure that the location has been properly identified, adequate manpower and equipment is available, and all provisions of this procedure are being foilowed; Ensures that all officers involved are aware of their assigned duties and responsibilities; Ensures that the warrant is carried to the scene and is exhibited to the person, if any, in charge of the premises; Notifies his immediate supervisory officer, whenever a search warrant is to be executed; Physically views, if possible, the location to be searched in order that a precise description can be obtained; and Assigns officers to the "Entry Party," "Security Party," and "Search Party." The duties of the officer-in-charge do not supersede those of the warrant execution supervisor, when that supervisor is present. .07 SEARCH PROCEDURE A. When practical, body armor is worn by each member involved in the execution of a search warrant. Persons other than peace officers, police legal advisors, and members of the district attorney's office are not allowed to accompany officers in the executioff of a warrant, unless approved in advance through the Office of the Chief of Police. 169 B. C. D. Entry into the premises is accomplished by the least forceful means possible under the circumstances. 1. When entering private premises, officers knock, announce their identity, and demand admittance. They then wait to be admitted and explain their purpose if so requested. a. This announcement and demand, are not required when, in the view of the officer in-charge, exigent circumstances exist which would unduly jeopardize: (1 ). The safety and security of the officers or nearby citizens ;or (2). The items sought. b. In such cases, officers enter the premises by the most efficient means possible, while inflicting as little damage as possible to the premises. This may include breaking any door or window, but only if such is necessary. Whenever possible, upon entering a building or other premises, uniformed officers are on site and in plain view to assist in locating and controlling the movements of all persons. 1. Necessary force may be used to secure the premises. 2. 3. An officer explains fully the reason for the officers' presence, the nature of the items sought, and displays the warrant. As soon as the building has been secured, any members who are no longer needed leave the area. When the premises has been secured, a searching party conducts the search. The searching party is composed of as few officers as is practical and may include members of the security party. 1. Damage to the premises is minimized. Any structural damage or modification is carefully considered before being inflicted. 2. The search is confined to places where the items sought could be concealed. 3. Two officers should be assigned to search a single room or area, if possible. 4. A record is kept during the course of the search as to which areas have been examined, by whom, the nature of any item seized, and where it was found. 5. 6. All items seized are turned over to the officer-in-charge, along with the record of the search. That officer makes a property receipt for all items seized for the person from whose possession or control they were taken and completes the return to the warrant by attaching an inventory of the items seized, and delivering it to the magistrate. The inventory list may be used in lieu of the property rec. eipt. All items seized are handled in accordance with the Procedure 606.00, "Impounding Property." 7. The officer-in-charge submits a written report following the execution of the warrant regardless of whether or not the search proved fruitful. The original is routed to records, and a copy is routed to the Unit Commander. This report includes: a. Damage to premise in gaining entry, if any; b. Use of force in overcoming resistance, if any; 170 • • • •• • • • • • • I ' r ( ·• I r ,) • • r. ~ · I ... .08 E. c. Articles seized (including, but not limited to, other than those described in the warrant); d. How the damaged premise was secured upon departure; and e . A list of all officers comprising the search party. Before leaving the scene after executing a search warrant, the officer-in-charge ensures that the premises are adequately secure as well as possible, either by leaving them in the hands of a responsible person or by locking all doors, windows, etc. F. A second search is not permitted under the same warrant, once officers have left the premises. ARRESTS DURING SEARCH A. B. C. D. E. In cases of combined warrants commanding both arrest and search, or where officers suspect that there may be arrest warrants outstanding, they may require persons on the premises to identify themselves in order to determine whether any of those persons are named in the arrest warrant. Persons on the premises may also be required to identify themselves if they are witnesses to the search or arrest. Should any contraband or other item be found during the search, the presence of which yields probable cause to believe that an offense has been committed, the officers may arrest any or all of those persons on the premises for whom probable cause to arrest exists. Should any person resist or interfere with the lawful actions of the officers during the execution of the search warrant, that person may be arrested and charged with the offense committed. There is no requirement in the law that persons on the premises at the time of the search identify themselves unless there is reasonable suspicion of some involvement in criminal activity or the person is a witness. Arrests are made in accordance with Procedure 601.00, "Prisoners." 171 • .01 • • .02 . � ' ~ - a INTRODUCTION A B. The San Antonio Police Department employs the use of the Misdemeanor Citation Release for the following purposes: relieving the overcrowded conditions in the jail; releasing from custodial arrest a certain class of nonviolent offenders that pose no continuing threat; and making more efficient use of an officer's time by expediting his return to service and reducing the amount of administrative time needed to handle these types of arrest. The Misdemeanor Citation Release is authorized for the arrest of persons on nontraffic city ordinance violations and for certain Class C Misdemeanor violations punishable by Municipal Court fines. The officer releases the person charged in the arrest at the scene on his own recognizance upon completion of issuance of a Misdemeanor Citation Release. PROCEDURE lfiliJftWl.llh11liT'6Wlllllltlll11i1rijllll ill! lllll il B. •:•:•:•:•:•:• :•:•:•:•:•:•:•:•:• l 1 llElllEJil@.y!fi B111illlil l 'flfllllllllll 1 2f littitf \liN.i.n1te.s •:•:❖:•:-:-:-:•:•:•:•:•:•:•:•:•:•:•:·:•:•:•:•:•:•:•:•:•:•:-:-:-:-:-:•:-:-:-:-: @ill/Il1fl\lllllllllilll~111111111111r.11 l ~ 1 i tWH!mtlllif lliI61i lill l llll tl!ltl 1 1:lllr®™ 1 oc 9 Iffll Personal property is not taken from the arrestee unless the property is to be used as evidence. C. Officers make use of the misdemeanor citation only after positive identification of the alleged violator has been established. D. E. When a violator refuses to sign a misdemeanor citation,~ he is processed according to regular arrest and booking procedures and the details of his refusal are included in the body of the appropriate report. Officers may obtain the misdemeanor citation booklet from their assigned units. 173 .03 F. The Misdemeanor Citation Release Procedure is not authorized in any of the following cases: 1. Class C Misdemeanor thefts (except shoplifting, refer to Subsection .03 of this procedure); 2. The person arrested demands an immediate appearance before a magistrate; 3. The person is arrested on a warrant or has outstanding warrants against him; 4. The safety of the person arrested or the safety of others may be jeopardized by his release; 5. The arrested person fails or refuses to give satisfactory identification; 6. The person arrested is intoxicated to a degree which renders him unable to care for himself; 7. The person arrested is injured and has not received the required medical attention; 8. On occasions when physical force was used to effect the arrest; or 9. In situations which are otherwise provided for by the Rules and Regulations of the San Antonio Police Department which are issued by the Chief of Police and approved by the Fire and Police Civil Service Commission. APPLICATION IN SHOPLIFTING ARRESTS A. Officers issue misdemeanor citations to arrestees suspected of Class C Misdemeanor Thefts (shoplifting only) unless: B. 1. The violator is known to the officer to have been previously convicted of theft; 2. A situation listed in Section .02 F (2-9) is apparent; or 3. The violator's conduct is such that incarceration is mandated. Before a misdemeanor citation is issued to a shoplifter, the following steps take place. 1. Notice is given to the complainant, the arresting agent, or owner, that a citation will be issued; and 2. 3. The officer completes "Class C Theft Commitment to File," S.A.P.D. Form No. 161, which notifies the person making the arrest or the complainant that he must appear before the Municipal Court Clerk in person and sign a complaint form. a. The arresting officer gives the complainant ten (1 O) business days after the arrest to appear in Municipal Court. b. The original of the signed notice is attached to the Municipal Court copies of the citation, and a copy is given to the complainant's agent or representative. Officers escort the violator out of the place of business before the citation is issued. C. Should the arresting officer decide on the custodial arrest rather than a misdemeanor citation, the officer: 1. Details in the incident report the reasons why physical arrest was appropriate; and 2. Obtains a supervisory officer's authorization for the booking. 174 • • I • •• • .> ~ - • ' ~ ~ ~ " ' ! • ._ I F ! • ~ ~ .. ~ ~ - • • ~ · ( ~ - • .01 .02 .03 .04 INTRODUCTION This procedure provides guidelines for determining when traffic violators are taken into custody in lieu of the issuance of a citation and notice to appear, written warning, or verbal warning. GENERAL PROCEDURES A. All individuals stopped for traffic violations are checked for outstanding warrants and driver's license violations, when information systems permit. B. The warrant and driver's license check is conducted in compliance with Procedure 508.00, "Field Contacts," and Procedure 503.00, "Execution of Arrest Warrants." C. The incarceration of persons arrested for traffic offenses and the disposition of these persons vehicles are governed by Procedures 601.00 "Prisoners," 602.00 "Juveniles," and 607.00 "Impounding Vehicles." D. Persons incarce_ rated for driving without a license, D.W.L.S., D.W.I., Fleeing the Scene, or Failure to Stop and Render Aid may be booked for other traffic violations they committed, except speeding and consuming alcoholic beverages while driving. Such persons may be booked for the speeding or alcoholic consumption violation only when they refuse to sign the citation. DRIVING WHILE LICENSE SUSPENDED A. When probable cause exists that a person is operating a motor vehicle while his Texas Driver's License or privilege to drive is suspended, canceled, or revoked the following procedure applies: 1. The person is arrested for the offense; 2. An offense report is prepared and submitted; 3. Traffic citations are issued or the person is booked for other traffic violations committed; and/or 4. Persons driving while their license is suspended, canceled, or revoked, who present a current or expired Texas driver's license, are issued a traffic citation or booked for "Displaying a Suspended Texas Driver's License." The license is placed in the property room in accordance with Subsection .08 of this procedure . B. Copies of the information systems printout, supporting the officer's probable cause, are attached to the offense report and to any copies submitted to the magistrates or representatives of the District Attorney's Office. NO VALID DRIVER'S LICENSE A. Persons found to be operating a motor vehicle without a valid driver's license are arrested for the offense, except: 1. When the officer verifies the person has a valid driver's license, the person is not arrested and may be issued a traffic citation for "Failure to Display a Valid Driver's License," violation of V.C.S. 6687b, Sec. 13; 175 2. When verification of a valid driver's license is inhibited due to a computer problem and the person's identity is established, the person is issued a traffic citation; or 3. When a recently expired driver's license (not suspended, canceled, or revoked) is presented or found to exist for the driver, the person is issued a traffic citation. •:•:• :•:•:•:• :•:• :•:•:- :- :,:- :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:- :- .05 JUVENILES A. Juveniles under 14 years of age are not issued traffic citations. They are placed in protective custody and: 1. Released to the custody of their parents; 2. Released to the San Antonio Police Department Youth Services Unit, during the unit's hours of operation; or 3. If Youth Services is closed and the parents are not located, transported to Youth Alternatives (The Bridge) at 3103 West Ave. B. Juveniles, arrested for traffic offenses and who are 14 years of age and under 17 years of age, are issued traffic citations, and: 1. Released to the custody of their parents; 2. Released to the San Antonio Police Department Youth Services Unit, during the unit's hours of operation; or 3. If. Youth Services is closed and the parents are not located, transported to Youth Alternatives (The Bridge) at 3103 West Ave . . 06 FLEEING THE SCENE OF AN ACCIDENT A. Officers investigating "Hit and Run Accidents," must make a determination of the monetary loss to all property damaged as a result of the accident. B. If the monetary loss is less than $200.00 the offense is a Class C Misdemeanor: 1. The violator is arrested; 2. The complainant is advised to contact the Municipal Court Prosecutor's Office in order to provide a copy of the damage repair estimate; and 3. An accident report is prepared. C. If the monetary loss is $200.00 or more the offense is a Class B Misdemeanor: 1. The violator is arrested; 2. The complainant is advised to contact the Traffic Investigation Unit in order to provide a copy of the damage repair estimate; and 3. An offense report is prepared in addition to the accident report. 176 • • ~ · l • l � - I'- I ~ ' ~ - . • , ~ . ~ , ~ - S, I "" j• ~ ~ ~ - r . ~ t . ~ 'I ('. I l [ • • .07 .08 REFUSAL TO SIGN CITATION A. Persons who refuse to sign a traffic citation are booked for the violation and transported to the City of San Antonio Detention Center, following normal booking procedures. B. Juveniles are not booked and are handled according to Subsection .05 of this procedure. DISPOSITION OF CANCELED, REVOKED, SUSPENDED, OR ALTERED DRIVER'S LICENSE Canceled, suspended, revoked, or altered driver's license are placed in the property room and identified as evidence on the ·K" property tag. Officers include the tag number on the report detailing the seizure. 177 • .01 .02 • • . , INTRODUCTION A. This procedure assigns responsibilities for the maintenance of supplies and equipment used in intoxicated driver testing, the assignment of members as qualified lntoxilyzer /Video Operators, and guides members in the processing of drivers who are suspected of operating a motor vehicle while intoxicated. B. The responsibility to remove intoxicated drivers from the roadway extends to all sworn members of the department, regardless of their actual duty status or primary unit of assignment. §Ji;!!;;@j[);- l l" ,1 llilPI IIIIJlllll PROBABLE CAUSE A. Officers conduct traffic stops for: B. 1. Observation of a traffic violation; 2. Reasonable suspicion based on information provided by the dispatcher, other credible source, or personal observations; or · 3. For the purpose of providing the driver information. (I.E., road closed ahead, item left on the roof of the vehicle, etc.) After stopping the suspect' s vehicle, officers: 1. Have the driver exit the vehicle and move to a safe place if he is suspected of being intoxicated; · g f IIEIIJP§.ffll.®:fl i\m!ffltt§:§§f.tfflYmt:i!U imtffl~gjfflgffi;HfflW.g !:§§§tffi:W.Ertm.]t@UNffi:lWfJ- l trn!Mtlllitllt11 ill lilf'!11 1 § ~]llillII~!!FMttmvm W E!MS;1;;;;~1:ra11;;;;;;ti,11t~1~1,lj;;,;;r 1 E : l:Il:l:l:l:l{:l:JfflmirmtJ19jftil! %11lf1lfllf 111( 1111 11fltiiB!ii@ \~@ §fflsi 0 i!i@ !ffi!R!¥.UB!:il! ffiM m m:rnMifif lllllll!fil!ffl!!mtH!ffl!t!~!m1L~1m1;;~9911m1mijtii!fl!!l!P!!tH~ 179 .03 .04 h. The officer records the Field Sobriety Test evaluation on S.A.P.D. Form No. 24FSC, "Field Sobriety Checklist." ARREST AND VEHICLE DISPOSITION A. In conjunction with the arrest of drivers suspected of being intoxicated, officers: 1. Record the identity of all passengers in the vehicle and witnesses; and 2. Collect and record items of evidence. B. Intoxicated drivers are arrested and transported to the D.W.I. Testing Facility in accordance with Procedure 601.00 "Prisoners." C. Suspect' s vehicles are impounded in compliance with Procedure 607.00, "Impounding Vehicles." D. Evidence and personal property are handled according to Procedure 606.00, "Impounding Property." E. Suspects are not allowed to smoke, chew gum, eat, drink, or introduce any substance into their mouth prior to testing. D.W.I. TESTING FACILITY SECURITY A. The D.W.I. Testing Facility is a secure environment. B. 1. Only persons on authorized police business or persons with the expressed permission of the Chief of Police are allowed in the D.W.I. Testing Facility while tests are being administered; 2. Suspects are thoroughly searched prior to entering the facility; 3. Suspects are seated at the interview table; 4. Officers secure their weapons in the provided gun lock boxes; and Nonviolent and cooperative prisoners may have the handcuffs removed while in the D.W.I. Testing Facility. .05 CHEMICAL TEST A. The D.W.I. Enforcement Unit has a qualified lntoxilyzer /Video Operator assigned to the D.W.I. Testing Facility each Tuesday through Saturday from 1900 hrs. until 0300 hrs. During other times the arresting officer requests a qualified lntoxilyzer /Video Operator from the on-duty Central Service Area Shift. B. The arresting officer prepares and reads DIC-24, S.A.P.D. Form No. 24-6, "Police Officer DWI Statutory Warning," to the suspect. 180 • • • • • • • • • • • • ~ t · • • .06 .07 C . The arresting officer requests the suspect to submit to a chemical test or tests to determine the level of intoxication from the following: 1. The Breath Test: 2. a. Officers having a suspect who consents to a breath test, proceed under the direction of the lntoxilyzer Operator; b. Depending on the outcome of the breath test, the suspect is: (1) Booked into the City of San Antonio Detention Center according to booking procedures; iinmn;li111ill1fl1illilf i!l!illfllll i!M!Hll1~111111111ii111f: t~ 11 • 111 ' (4.l!lEF]IB~~~~::tirerrtt:~~!§9¥:l:ing}{fflDEill:l9lJ~9¥fflt:ll~l}mnt,r-Jf] :[!rj iPsm:9!nsg::».1Y::t::er9¢~9.ti: :P:Qr{ P9~::::mne2Y.oo: ~ryg: ::Mtn1stijtm The Blood Test: a. Is collected at the Medical Center Hospital: (1 ). At the request of the officer and with the consent of the suspect; or (2). Under authorization of Section 2, Article 67011 - 5, V.T.C.S., in which case the officer prepares S.A.P.D. Form No. 24 - 5 ,"Mandatory Blood Sample." b. Blood samples are taken by the arresting officer to the Medical Examiner's Office for analysis, after the suspect is booked. REFUSAL TO SUBMIT TO CHEMICAL TEST A. Officers with suspects who refuse to submit to the offered chemical tests, complete S.A.P.D. Form No. 24 -3, "Refusal Form," have the form notarized, and attach it to the "D.W.I. Case Report". B. The officer then follows Subsection .07 of this procedure, "Videotaping." VIDEOTAPING A. Officers having a suspect who refuses to submit to a chemical breath test advise the lntoxilyzer /Video Operator of such in order for a video tape to be produced. B. The arresting officer follows the directions of the lntoxilyzer /Video Operator in the production of the video tape. 181 1. Those Field Sobriety Tests listed in Subsection .02 C above; 2. A speech test; and 3. Interview. 1 9:itifillPflYe.4is9Q§NID.Q!E§VU~ilP:N§ m ttltl:Em!~I~tismPtMm~E Mnmi:nl~i::W!is~,n ~nP:JHffiYl}l:9~9/lirymoo::::~{ QtBI/Jitlwm!l99I§~tffi ill i[llllf lllitalllY,lfllllifll1 111 l!llfiM- J IEEl]:I[Jt: i.::1i~~9l:lw~il Jq]fw¥W:i!9ilf: gyqqffi@mW§rffiriBJeym!:9Umtm1~I EPf9ffi:~!TI!::~~ tmt: m;Piteoor~$.JJ1fflitrn1tnm@:r¥~nP::imlt Pfls: @u:::W#r@: §i:Ji@ @tm@ff~ 1 m:11::::1:::::t1m: mas: Jm@: y~t@nijiir~f@gnggm,ijtJ:::ijtJmr~nr~1100:::F1tm:~ntkf]rnM Pffiiimntmij .09 RESPONSIBILITIES A. The captain assigned to the Central Service Area is responsible for ensuring that an adequate number of officers are certified as lntoxilyzer /Video Operators to provide for the availability of such officers 24 hours each day. B. The sergeant assigned to the D.W.I. Enforcement Unit maintains responsibility for the operational readiness of the breath testing instruments and video equipment, maintaining adequate video and breath test equipment and supplies, and monitoring the activity in the D.W.I. Testing Facility. C. The lntoxilyzerjVideo Operator is responsible for following the established guidelines for: 1. The proper recording, production, and storage of the videotape; and 2. Administering and recording the chemical breath test. Q t tih:i/im~fJWg§.tfli~®nl@rf : ~PltM(Qfl§U!: :tf $.P9.f@§!i} !§f J§~l9WH1tf:~m.~: i,~:::94&1 imtit ffir:J JitlHHff l&ll! !ffl?Pi:!l[rjQ;tlW!M~!P!!ll!ffi"11 i'!!~lil!ffillil!!Ylri. §t' lij! Qf®lit tf~!ilffi!!!ltl S'ffl!!ffil!i¥1 l{(lif :It11if1!l9Di} @t{ @:JJmmt::~me#I iool:l!YHffi~#:lt1§! )ni} MiHsil§f~m1:oot~ § : ]?ffi9!~ 182 • 1 •• • • • .01 .02 ~ · • 1 1111\lll[llllllllllllf ll. \11111!11111111111 INTRODUCTION A. This procedure is designed to assist officers in determining how and when it is appropriate to stop persons for interviews and interrogations, and when it is appropriate to conduct a frisk. B. Officers are reminded that they must exercise discretion in the use of their authority to contact, stop, interview, interrogate, and frisk a person. DEFINITIONS A. B. C. D. E. F. G. H. I. J. K. "Stop and Frisk" means the police practice that involves the temporary detention, field questioning, and limited search for weapons of a person who officers have reasonable suspicion that the person has committed, is about to commit, or is committing an offense and who is also suspected of being armed. "Access Area" means a readily accessible place where a weapon could be concealed and used in assaulting an officer or other person. Such place includes, but is not limited to: 1. The passenger compartment of an automobile; 2. Various parts of the human body; and 3. Unlocked hand-carried cases, packages, purses, and bags. "Armed" means carrying a weapon or other instrument capable of inflicting death or serious bodily injury. "Contact" means a personal encounter initiated by an officer for the purpose of conducting an interview. "Contraband" means anything prohibited or excluded by law. "Frisk" means a limited search of a person and his access areas for the purpose of discovering weapons. "Full Search" means a complete and unrestricted search of a person who has been arrested, made to discover weapons, contraband, and/or fruits, instruments, or evidence of a crime. "Interrogation" means the questioning of a person who has been stopped or arrested and is suspected of criminal activity. "Interview" means the questioning of a person who is not suspected of criminal activity at the time of the encounter. "Outer Clothing" is a term used to describe garments including coats, waistband and pocket , exteriors when inside heavy coats, hats, pants, cuffs, boot tops, and such other places where the touching of a person would reveal that he is armed. "Reasonable Suspicion" means facts or circumstances which would lead a reasonable person to suspect that a crime has been committed or that a particular person is armed. Reasonable suspicion is less than probable cause, but more than a mere hunch . 183 L. "SearchN means either a full search predicated on probable cause or incidental to a lawful arrest, or a limited search known as a frisk. M. NStop 11 means an intentionally initiated encounter and temporary detention of a person by an officer who has reasonable suspicion to believe that the person is involved in criminal activity, for the purpose of interrogating the· person. N. NSuspectN means an individual who an officer has reasonable suspicion to believe that the person has committed, is about to commit, or is committing an offense . . 03 CONTACTS AND INTERVIEWS .04 A. An officer, in a place he has a lawful right to be, may contact any person and interview him under circumstances where the officer feels the interview is necessary. However, the officer may not arbitrarily stop any person he sees on the streets. B. An officer identifies himself as an officer when initiating a contact, unless his identity Is obvious. C. D. E. Persons who are contacted for the purpose of an interview and who are not suspects may not be detained against their will for the purpose of an interrogation. They may be requested to identify themselves, however they are not compelled to do so. Persons contacted for the purpose of an interview are permitted to go on their way if they choose to do so. If, during an interview, an officer develops reasonable suspicion to believe the person is involved in criminal activity, the person may be considered a suspect and detained. STOPS FOR INTERROGATION A. An officer may stop a suspect for the purpose of conducting an interrogation. B. C. A suspect may be temporarily detained for the purpose of conducting an investigation and are not free to leave. The person may be restrained from leaving if necessary. An officer may use the amount of force necessary, except deadly force, unless deadly force is offered, to detain and overcome resistance of a suspect who is detained against his will. In identifying a person as a suspect, the officer must be able to point to specific suspicious conduct or circumstances that justify the detention. Examples of these elements which would assist an officer in justifying a stop and detention are: 1. The person is making evasive or furtive movements; 2. The person fits a '\vanted 11 notice; 3. The person is near the scene of a recently committed/reported crime; 4. The person's demeanor or presence is unusual for the time of the place; and/or 5. The officer has received information that the person is Involved in criminal activity. D. In evaluating the person's conduct or appearance, an officer can rely on his training and experience to determine whether or not the person is a suspect. E. An officer can base his suspicion that a person is a suspect upon information received from a citizen informant, including an anonymous informant. 184 • • •• .05 F. G. H. I. FRISKS A. An officer must be able to explain the reason why a person was detained and interrogated. He does not need to point to any one thing that alone would justify his action but should refer to several things, each of which when taken alone may seem harmless, but when considered together by an officer who is trained or experienced in detecting criminal activity, raises a reasonable suspicion of a person's involvement in criminal activity. A suspect lawfully stopped for an interrogation may be detained for the length of time necessary to: 1. Verify his identification; 2. 3. Account for his conduct; Account for his presence; and 4. Ascertain whether a crime has been committed. A suspect who is detained against his will is informed by the officer that: 1. 2. He is not under arrest, but is being temporarily detained to determine if he is involved in any criminal activity; and If the suspect refuses to answer the officer's questions satisfactorily, refuses to report or gives a false report of his name or residence address, such refusal is considered along with other facts to determine whether an arrest should be made, and that failure to identify himself adds to the probable cause to arrest. A suspect who is not under arrest and who is detair:,ed against his will is released: 1. 2. As soon as he provides a satisfactory explanation of his presence and his actions; or After thirty {30) minutes, if the officer has been unable to develop probable cause for an arrest. An officer may frisk a detainee if he has reason to fear for his safety. The frisk must be justified independent of the contact or stop. B. An officer may frisk a person whom he has stopped or contacted at any time during the encounter, so long as he has reason to fear for his safety prior to the frisk. C. Officers consider the following factors in developing reasonable suspicion for a frisk: 1. The person makes furtive or evasive moves; 2. A companion is found to be armed; 3. The person is a suspect in an offense which involved the use of a weapon; 4. There are bulges in the person's clothing or efforts by the person to conceal an object; 5. Knowledge by the officer that the person has been reported to customarily or occasionally carry weapons; 6. 7. The person's clothing is peculiar (i.e., wearing a coat during the summer): or Upon receiving information from an informant that the person is armed. 185 .06 D. A police officer must be able to explain why a person was frisked. The officer need not point to any one thing that would justify the frisk, but should refer to several things, each of which, when taken alone may seem harmless, but when considered together by an officer who is trained or experienced in dealing with criminal suspects, raises a reasonable suspicion that the person poses a threat to the officer's safety. SCOPE OF FRISKS A. A frisk is limited to the search of a person's access areas. B. C. In situations where the person is a female, a female officer should conduct the frisk of the person. In cases where a male officer has reasonable suspicion to believe that a weapon is secreted in a particular place on a female and a female officer is not present, the male officer may reach directly into that area to seize the weapon. An officer may frisk a person's vehicle if the person is in the vehicle or near enough to the vehicle to reach in it at the time of the stop or contact and the officer has reasonable suspicion to believe the vehicle contains a weapon. .07 RESULTS OF FRISKS A. When an officer, during the course of a frisk, feels an object or item that he reasonably suspects is a weapon, the officer removes the object or item for closer examination. B. C. If the object or item removed is a weapon, and the person is not exempt from the Texas Penal Code provisions prohibiting the carrying or possession of the weapon, the officer arrests the person. The weapon is inventoried as evidence and a full search of the person is conducted incidental to the arrest. If the object or item removed reasonably appears to be or contains contraband or evidence, the officer arrests the person. The item or object is listed as evidence and the officer conducts a full search of the person incidental to the arrest. .08 REPORTS An officer completes and submits a Field Interview Report in the following situations: A. When the officer stops and interrogates a suspect who was not arrested and the details of the stop and interrogation are not included in an Offense or Incident Report; or B. When the officer conducts a frisk of a person who was not arrested and the details of the frisk are not included in an Offen~e or Incident Report. 186 • • • • • • • • • • • ,,, ( 1 · r r · I t · ~ .01 INTRODUCTION A. The purpose of this procedure is to establish guidelines for the seizure of property according to law. B . C. This procedure guides officers through the steps necessary for the legal seizure of property, from the criteria for seizures to the act of seizing property, custody of seized property, and the disposition of seized property. The authority for the legal seizure of assets is contained in Chapter Fifty-Nine (59) of the Texas Code of Criminal Procedure and various titles of the United States Code. Any peace officer is authorized to enforce the provisions of the Asset Seizure Laws . . 02 SEIZURE AND CLASSIFICATION OF PROPERTY A. B. For purposes of this procedure, property is classified as: 1. Real property; 2. Tangible or intangible personal property, including anything severed from land; or 3. A document, including money, that represents or embodies anything of value. Property is seized where: 1 . The property is real property and any improvements are used or intended to be used to commit or facilitate the commission of an offense designated by Chapter Fifty-Nine (59) of the Texas Code of Criminal Procedure; 2. The property is a vehicle, boat, or plane used to transport or facilitate transportation, in the course of applicable offenses; 3. The property consists of books, financial records, bank statements, payment records, instructions, and research materials used in violation of any of the applicable offenses; 4. The property is a controlled substance, the raw materials and equipment used to manufacture controlled substances, the cut (or adulterant used to extend or dilute the controlled substance), scales, or containers for any of the above; or 5. The property is personal property, weapons, documents, or money which the officer has determined to be the proceeds of a sale, transaction or trade, or property which is used in any way to commit any of the following applicable offenses: a. First or second degree felonies under the Penal Code: (1 ). Criminal Solicitation; (2). Unlawful Use of Criminal Instrument; (3). Homicide; (4). Kidnapping; (5). Sexual Assaults; 187 (6). Criminal Conspiracy; (7). Arson; or (8). Criminal Mischief. b. Any Robbery; C. Any Burglary (Felony); d. Any Theft (Felony); e. Any Fraud (Felony): (1 ). Forgery; (2). Credit Card Abuse; or (3). Deceptive Practices. f. Any felony under the Securities Act (Article 581-1, "Blue Sky Laws"); or g. Any felony under the Texas Controlled Substances Act, in which there is an indication of the commercial transfer of controlled substances rather than mere personal consumption . . 03 CRITERIA FOR LEGAL ASSET SEIZURE A. Officers observing or detecting the presence of items specified in Subsection .02 of this procedure seize the property according to law. Seizures of personal property occur in any place that the officer has a right to be. B. Seizure of any property subject to forfeiture may occur under the authority of a search warrant issued pursuant to Chapter Fifty-Nine (59) of the Texas Code of Criminal Procedure. C. Seizure of any property subject to forfeiture may be made without a warrant if: 1. The person in charge of the property consents; 2. The seizure is incident to a search to which the person in charge of the property consents; or 3. The seizure is incident to a lawful arrest or search. D. Officers request supervisory assistance in all cases of Legal Asset Seizure. E. The Legal Asset Seizure Unit is notified through the dispatcher before officers leave the scene in all potential seizure cases involving; 1. Substantial quantities of personal property which, in the officer's estimation, involves a value of fifteen thousand ($15,000) dollars or more; or 2. Any motor home, tractor-trailer, mobile home, or other property in which impoundment is difficult. 188 • 1 .j • • • • • • • • • • • l • t ~ ' • .04 .05 ACT OF LEGAL ASSET SEIZURE A. Officers document probable cause for determining the status of property before the actual seizure of property. B. Officers issue receipts to the person(s) previously in control of the property for any property seized under this procedure . C. Seized property is protected and safeguarded by the seizing officer while under the officer's control. D. Seized property, to include vehicles, is impounded as evidence and transported to a facility for storage as designated by the Impounded Property or Impounded Vehicle Procedures . E. 1. Officers place a hold on the towing service record (invoice) for Legal Asset Seizure Office in the case of vehicle seizures. 2. After evaluation of a case involving a vehicle, the Legal Asset Seizure Unit: a . Prepares S.A.P.D. Form No. 110 - VH for long-term impoundment for physical evidence; or b. Releases the hold on the vehicle. Officers direct copies of all reports pertaining to an asset seizure to the Legal Asset Seizure Unit in_ order that immediate steps may be taken to secure the property from being reclaimed by the owner . F. Officers attempt to determine ownership of property at the time of seizure and include this information in reports submitted. G. The ignition and trunk keys to seized vehicles are also seized and taken to the S.A.P.D. Property Room where they are placed into property and stored as evidence under a "K" tag. CUSTODY OF SEIZED PROPERTY A. The Property Room Unit Supervisor of the San Antonio Police Department maintains possession of all seized money and other personal property, except vehicles, while subject to the courts' jurisdiction. B. C. 1. Seized personal property, including money, is placed in the San Antonio Police Department Property Room as evidence under a "K" tag with a hold for the Legal Asset Seizure Unit; and 2. Seized personal property, including money, remains in the Property Room of the San Antonio Police Department until it is released by the Legal Asset Seizure Unit. The Commander of the Vehicle Storage Unit designates appropriate storage of seized vehicles until disposition is determined by the court. Vehicles are: 1. Maintained as evidence apart from other impounded vehicles; 2. Not released without the authorization of the Legal Asset Seizure Unit; and 3. Court orders commanding the release or other disposition of motor vehicles are first routed through the Legal Asset Seizure Unit. Real property seized through the efforts of members of the San Antonio Police Department remains in the custody of the Legal Asset Seizure Unit of the Department while subject to the courts' jurisdiction. 189 D. Members of the Legal Asset Seizure Unit prepare the necessary seizure affidavits in order to secure judgment and forfeiture of seized property under Chapter Fifty-Nine (59) of the Texas Code of Criminal Procedure. E. Officers ensure that the completed and signed affidavit is notarized and returned to the Legal Asset Seizure Unit without delay. .06 DISPOSITION OF FORFEITED PROPERTY A. A judicial ruling on the disposition of seized assets determines whether or not an actual forfeiture of the property takes place. B. Should the title to personal or real property be granted to the San Antonio Police Department as the result of a court award, or an agreed judgment, the Legal Asset Seizure Unit is given notification in order that the disposition is properly coordinated. C. The Legal Asset Seizure Unit prepares enabling documentation to allow the City of San Antonio to take titles to vehicles distributed under this Procedure. D. The Chief of Police determines whether property awarded under this procedure is: E. 1. Sold at public auction; 2. Converted for use by the San Antonio Police Department for a law enforcement purpose; or 3. Destroyed. In the case of property disposed of at public auction, the property is sold in a manner consistent with existing administrative policies of the Finance and Purchasing Departments of the City of San Antonio. F. The law enforcement use of property awarded under this procedure is designated by the Chief of Police. G. Property, converted for use by the Department to some law enforcement purpose, joins the property inventory of the San Antonio Police Department and is recorded by the Fixed Assets Section of the Finance Department. H. Property previously seized and forfeited to the City of San Antonio, which is no longer serviceable and considered surplus by the department, is disposed of according to administrative policy of the Finance and Purchasing Departments of the City of San Antonio. 190 .l • • • • • • ·~ • • ~. ·• ~ ~ . • ' ~ • • ~ • •• - � ' lol t. ~ • ~ • �• ocn � -c m i. (1) 0 -t -I m - •• =o ~ gz � -CO> Ii -t 0 • 0 • 0 ~ C, • (1) C. • C -it • CD u, t • .01 , . • ~ � .02 • • .03 • • ~ .04 .05 111111111111 1 1 1 1111111rt1 1111111111[1111r1111111 INTRODUCTION This procedure establishes guidelines under which San Antonio Police Officers handle prisoners, from the initial point of arrest and magistration, to booking at the proper facilities. POLICY Members of the San Antonio Police Department, when handling prisoners, do so with the highest regard for the legal process, the individual's rights, the prisoner's safety, and the safeguarding of personal property. DEFINITIONS A. B. c. "Detention Facility" means the Bexar County Jail, the Bexar County Juvenile Detention Center, or the City of San Antonio Detention Center . "Proxy" means the booking of a prisoner into a detention facility by the arresting officer, when the prisoner is injured or sick to the extent of requiring admission into a hospital. "Weapon" means any instrument designed for defensive or offensive combat. D. "Dangerous Object" means any item capable of causing injury, serious bodily injury, or death. CLASSIFICATION OF PRISONERS A. Prisoners are classified as: 1. 2. Jail prisoners; City detention prisoners; 3. Juvenile detention prisoners; and 4. Field custody prisoners. B. Adult Jail prisoners are governed by the County Jail procedures at the Bexar County Jail. C. Adult City Detention prisoners are governed by the Detention Center procedures at the City of San Antonio Detention Center. D. Juvenile Detention prisoners are governed by the Juvenile Detention procedures at the Bexar County Juvenile Detention Center. E. Field custody prisoners are governed by this procedure. HANDCUFFING OF PRISONERS A. Officers use discretion in deciding whether to handcuff certain prisoners. 1. This discretion is guided by prudent judgment, incorporating sex, age, temperament, and the type of offense that was committed by the prisoner. 2. Although discretion is allowed by this · procedure, officers are not relieved of their duty to prevent prisoners in their custody from escaping or attacking others. 191 8. 3. The following prisoners are handcuffed without exceptions: a. Persons to be charged with felony offenses; b. Persons who are intoxicated; c. Persons who were involved in violent incidents; d. Persons who appear to be capable of violent physical resistance; e. Female prisoners who have not been searched; and f. Multiple prisoners. 4. Prisoners are handcuffed as soon as practical after the arrest and before the search is made. 5. Prisoners are handcuffed with their hands behind them. Handcuffs are double-locked to protect both the officer and the prisoner. 6. Prisoners are not handcuffed to a fixed object. 7. An officer may handcuff two prisoners with a single set of handcuffs while awaiting the arrival of a second officer. Plastic handcuff restraints are issued to officers when mass arrests are anticipated. 1. Plastic handcuff restraints, when used, are removed at the detention center with wire cutters. Other types of cutting instruments should not be used to remove the plastic handcuff restraints. 2. 3. 4. Plastic handcuff restraints may be stamped with an identification number. When this identification number is used, it is noted in the box titled "Alias" on the Temporary Record of Arrest (Booking Slip). The arresting officer is responsible for recording the prisoner's name, number, the charge, and any other information which may be needed later for identification. When an officer is relieved from a situation in which he has used plastic handcuff restraints and is not able to complete the Temporary Record of Arrest (Booking Slip) at the scene, he returns to the detention center and completes the booking of his prisoner, identifying him through the prestamped number, if any, on the plastic handcuff restraints. If it becomes necessary for detention center personnel to remove the plastic handcuff restraints from a prisoner before the arrival of the arresting officer(s), they obtain identification from the prisoner and record it on the Temporary Record of Arrest (Booking Slip), noting the number on the plastic handcuff restraints used, if applicable . . 06 SEARCHING OF PRISONERS A. Officers who have prisoners in their custody or control are responsible for conducting a complete search to remove all weapons, dangerous objects (i.e., pens, pencils, hair ornaments, etc.), contraband, fruits of a crime, or evidence. 1. Prisoners are searched as soon as practical after the arrest is made. 2. Each officer who subsequently assumes custody or control over a prisoner(s) is responsibie for searching that prisoner, even though they may have already been searched. 192 • • • • • • • l .. .08 B. C. 3. Transporting officers are held accountable for any prisoner arriving at the detention center with a dangerous object or contraband on his person. Officers who have reasonable suspicion to believe that a prisoner possesses contraband, evidence, or fruits of a crime, or a weapon which, if not found, would constitute a danger to the safety of the officer or others, may conduct a body search of the prisoner for those items on or within the body. 1. A body search is conducted by two officers. Both officers are of the same sex as that of the prisoner. 2. Officers afford a reasonable degree of privacy during the body search. Female prisoners are searched by female officers or female police employees. 1. Any officer having reasonable suspicion to believe that a female prisoner has a weapon on her person, and a female officer or female police employee is not available, may proceed with the necessary search of the prisoner. Such a search is justified in the officers' report. 2. Purses, baggage, coats, pockets, and all hand-carried containers are searched by each officer assuming custody or control over the prisoner. A. An arrested person is entitled to reasonable protection while under arrest. 1. Arresting officers use reasonable care and diligence to preserve the lives, health, and safety of their prisoner~. 2. The responsibility of protecting prisoners includes protecting them against undue exposure to the elements. 3. Arresting officers protect their prisoners from assault or harm by others. §ffIIIII@m~r~t: '-*-IP-ffi?f@iY!@rmM@B~ITTl§@qtji]§tPti:vtntltit~mf§f/ pri@Jir~ JJKrmml\lllllllllls)JAA!!t,J m!itl®!l KEtTffl!!!!@l&m!rs1!!t lnimt1!ffi; tl@)PTI~im1 m itmrmu •• l l~t~~illlll-f8&11'11111 C. Persons placed under arrest are transported to the proper detention facility without unreasonable delay. TRANSPORTATION OF PRISONERS A Adult prisoners 1. Single officer units equipped with a physical barrier that separates the rear seat from the front seat may transport a maximum of two prisoners. Both prisoners are handcuffed individually and secured in the rear seat with the seat belts. 193 2. When a second officer is available to help with the transportation of multiple prisoners, a maximum of three prisoners may be transported in vehicles equipped with a physical barrier that separates the rear seat from the front seat. All three prisoners are handcuffed and secured in the rear seat with seat belts. The secondary officer occupies the front passenger seat. 3. Single officer units not equipped with a physical barrier transport one prisoner only. The prisoner is handcuffed and secured in the front passenger seat with the seat belt. 4. When a second officer is available to help with the transportation of multiple prisoners, in a vehicle not equipped with a physical barrier, a maximum of two prisoners may be transported. One prisoner is handcuffed and secured in the front passenger seat with the seat belt, the second prisoner is handcuffed and secured in the rear seat with the seat belt directly behind the first prisoner. The second officer is seated behind the driving officer. B. Juvenile prisoners 1. When transporting multiple juvenile prisoners, officers follow the same guidelines established in .08A of this procedure. 2. Juvenile prisoners are not transported in the same police vehicle as adult prisoners, unless they have a husband and wife, parent and child, or brother and sister relationship and the arrest was of a nonviolent nature. 3. Male officers transporting female juvenile prisoners do so only with the help of a secondary officer. Female officers do not require an accompanying officer. C. Male officers, when transporting female prisoners, obtain a time check from the dispatcher upon leaving the scene of the arrest, upon arrival at the destination, and upon incurring any delays along the route. D. In addition to time checks, officers furnish their vehicles' odometer reading to the dispatcher upon leaving the scene and upon arrival at the destination. E. Patrol Wagon Utilization 3. When necessary, and upon the approval of a supervisor, an arresting officer may leave the scene where the arrest has taken place and transfer the prisoner to the patrol wagon at another location. The transfer point should be located on the most direct route to the detention facility and be in an open, well-lighted area. There is no exchange of handcuffs on the prisoner during this transfer process. 4. Officers operating patrol wagons containing prisoners make other prisoner pick-ups when near the return route to the detention facility and only upon the approval of a supervisory officer. 5. Female prisoners are not transported in the same patrol wagon with male prisoners unless they have a husband and wife, parent and child, or brother and sister relationship. Common-law marriages do not satisfy this requirement. 194 • • • • • ' ~ • r • .09 .10 F. G. 6 . 7. Juveniles are not transported in the same patrol wagon as adult prisoners unless they have a husband and wife, parent and child, or brother and sister relationship. Prisoners that were involved in the same disturbance with each other are not transported in the same patrol wagon. 8. Female prisoners are transported in a patrol wagon only if they have been searched by a female police officer or a female police department employee. Officers do not handle other police incidents while transporting a prisoner, unless the incident is of such magnitude that life or property are in jeopardy. If a prisoner is to be transported via commercial airline, ' the escorting officer contacts the local Federal Aviation Administration Office, the appropriate airline, and Airport Police at departure and destination. This is done to arrange for proper security and clearance in advance. PRISONERS' PROPERTY A. B. C. D. When a person is arrested, it becomes the duty of the officer having the person in custody to safeguard all personal property in his possession. As a general rule, personal property of a prisoner is accepted at the City of San Antonio Detention Center. Unacceptable personal property includes, but is not limited to, large sums of money (in excess of two-hundred ($200.00) dollars) and valuable jewelry. Personal property belonging to a prisoner is inventoried and placed in the police property room under a K-Tag. A notation is made on the Temporary Record of Arrest (Booking Slip). Inventories made for large sums of money or valuable jewelry require the assistance of a secondary officer. Officers turn over the prisoner's personal property to the Detention Guard. The Detention Guard determines what property is placed in the property room and what property is accepted at the Detention Center. Property retained by the Detention Center is placed in an envelope with a list of the items attached to the front of the envelope. Both the arresting officer and the Detention Guard initial the envelope, verifying the contents. If a prisoner's vehicle is impounded, all property found in the vehicle is handled in accordance with Procedure 607.00, "Impounding Vehicles," and Procedure 606.00, "Impounding Property." INJURED AND SICK PRISONERS A. Transportation to the hospital: 1. All prisoners that are visibly injured or sick, claiming injury or illness, and those who are unconscious are taken from the scene directly to the hospital for medical attention. 2. Prisoners bleeding profusely, exhibiting symptoms of serious bodily injury, or are unconscious, are transported by an Emergency Medical Service Unit (E.M.S.). 3. In felony cases or violent situations, an officer, may accompany the E.M.S. Unit to the hospital on request. 4. Prisoners exhibiting or complaining of slight injury or sickness not requiring immediate medical attention are transported to Medical Center Hospital, 4502 Medical Drive. Should the prisoner be transported by the use of a police vehicle, the preferred method is by patrol vehicle, so the patrol wagon may remain in service. Should the arresting officer be involved with other duties, a secondary officer is assigned to transport the prisoner. 195 5. Prisoners whose injury or sickness require E.M.S. transportation are taken to the nearest hospital having the proper treatment facilities. E.M.S. personnel select the hospital to be used in this situation. B. Disposition of injured or sick prisoners: 1. Officers are responsible for their prisoner(s) while at the hospital. 2. Officers complete and submit the Nlnjured Prisoner Report/ S.A.P.D. Form No. 62, on any injured or sick prisoner in their custody. Officers forward the "Injured Prisoner ReportN as follows: 3. a. Original to the Internal Affairs Section; b. One copy to the Police Legal Advisor; and c. One copy to the City of San Antonio Detention Center. Injured or sick prisoners are transported to a hospital and, if not treated or admitted by hospital personnel within two {2) hours, are handled in the following manner. a. Class C Misdemeanor prisoners, who do not exhibit the potential for violence and whose injuries are not the result of a member's use of force, are released from police custody via Misdemeanor Citation. b. Class A or B Misdemeanor prisoners, who do not exhibit the potential for violence and whose injuries are not the result of a member's use of force, are issued S.A.P.D. · Form No. 52-X and released from custody. {1 ). Prisoners are released only upon the approval of a supervisor. (2). A copy of Form No. 52-X is routed to the proper investigative follow-up unit. 4. Injured or sick prisoners who are going to be transported to a hospital for treatment or admittance and who are charged with any felony offense are handled in the following • • manner. e 5. a. Should the prisoner need to be treated, the officer remains with the prisoner until such treatment is complete and then follows Sections .11 and .12 of this procedure. b. Should the prisoner need to be admitted into a hospital, the officer notifies a supervisor. Another officer is then sent to the hospital to pick up all documents necessary for the proper magistration and booking of the prisoner. The secondary officer then follows the magistration procedure established in Section .11 of this procedure and books the prisoner by proxy. The secondary officer advises Bexar County Jail Personnel of the need for a county guard to be sent to the hospital. The secondary officer then checks back into service after first notifying the arresting officer that a county guard is being sent. If prior to the end of the arresting officer's tour of duty the county guard has not yet arrived, the arresting officer notifies a supervisory officer so that a replacement is sent from the oncoming shift. Before any prisoner is released at the hospital, the arresting officer conducts a wanted check on the prisoner and the officer takes the necessary action, if an active warrant is found to be outstanding on the prisoner. 196 • • • • • ., " r t ~ · • ~ l ., ~ l � • • ~ ~ t • • ' ~ t · , t ... • • ., I"' t � "' ~ - t t l .. ~ ~ - ... ~ ~ ~ t . l .. r ~ • .., ~ . • / ._ 6. a. b. c. If a prisoner is wanted on a felony warrant and the prisoner is going to be admitted into the hospital, the officer follows Procedure 503.00, "Execution of Arrest Warrants." If a prisoner is wanted on a Class A or Class B Misdemeanor warrant and the prisoner is going to be admitted into the hospital, the officer notifies the Bexar County Sheriff's Office so that they can send a county warrant officer to take custody of the prisoner. If a prisoner is wanted on a Class C Misdemeanor warrant and the prisoner is going to be admitted into the hospital, the officer releases the prisoner from custody outright. All hospitalized felony prisoners are guarded until they become the responsibility of the Bexar County Sheriff's Department. D. Guard duty at hospital 1. Justification for guarding an injured prisoner is based on conditions which are in the best interest of the San Antonio Police Department to ensure the prisoner's safety and to prevent escape: 2. Should the ranking officer of the on-duty patrol shift determine that a guard is necessary, he assigns ifiim!!~tl12I s41.r2I24:wf ti1itt]•tril@ §meffiit «'=m l J-0.~t !§!!mw!ng} gytll~ : a. Prisoners in custody at a hospital may be secured by handcuffs, leg irons, or both, when necessary to prevent escape. The Detention Unit supplies leg irons to the officer posted as a guard, upon his request. Under no circumstances is a prisoner secured to a bed, table, or any stationary object. b. Prisoner-patients are not moved solely for the convenience of the guard assigned. c. While performing guard duty, officers may eat in the ward, but do not provide any food to prisoner-patients. When relief is necessary, the guard requests the dispatcher's office to send a secondary officer to relieve him . d. Guard personnel do not allow the prisoner to have visitors. Only the necessary medical personnel and the prisoner's attorney are allowed to see the prisoner. If advised by medical authorities that the prisoner is in danger of expiring, the officer, with approval of the attending physician, allows family members and the clergy to visit the prisoner. e. In all cases, prisoner-patients enter and leave the hospitals through the emergency room entrances. Main lobbies are avoided when possible . f. Officers assigned as guards do not allow any prisoner to leave the ward without permission of the hospital staff personnel. g. Officers with prisoners at a hospital who anticipate being there beyond their normal tour of duty immediately contact a supervisory officer and inform him of the incident. The supervisory officer is responsible for making arrangements with the oncoming shift to relieve the officer at the hospital in a timely manner. The ranking officer of the oncoming shift assigns a relief officer . 197 E. F. The San Antonio Police Department relinquishes jurisdiction over injured prisoners when those prisoners are military and are taken to a military hospital. To insure proper follow-up on their offenses, military prisoners should be taken to the nearest civilian hospital with the proper treatment facilities. Upon returning a prisoner to a detention facility after medical treatment, the transporting officer delivers any medication or instructions for further care to the appropriate detention center supervisory officer . . 11 MAGISTRATION OF PRISONERS A Officers having prisoners in their custody needing to be magistrated take their prisoners to the City of San Antonio Detention Center located at 401 S. Frio St. Officers follow Section .14 of this procedure when unloading prisoners. B. Officers remain with their prisoner(s) until detention center personnel have taken custody of the prisoner(s). C. Officers submit copies of their offense reports or incident reports and all other necessary documents to the magistrate. D. The Magistrate determines the course of action to be taken against the prisoner (i.e., release, booking, etc.). E. Arresting officers have responsibility for their prisoner(s) and insure that the magistration process is accomplished. F. Prisoners released by issuance of Form No. 52X or Misdemeanor Citation need not be taken before a magistrate . . 12 DISPOSITION OF PRISONERS A B. Juvenile prisoners charged with an offense classified as a Class B Misdemeanor or higher are transported and released directly to the Bexar County Juvenile Detention Center. 1. Juvenile prisoners charged with a Class B Misdemeanor or higher which require further investigation are returned to the respective follow-up unit, before being released to the County. 2. Juvenile prisoners who are to be fingerprinted or photographed are returned to the San Antonio Police Department Central Headquarters, before being released to the County. 3. 4. 5. Officers complete the "Juvenile Charge and Disposition Report, N S.A.P.D. Form No. 23-A, when releasing a juvenile prisoner to the County. The officer provides a copy of the Offense Report or Incident Report to the County Intake Officer. A copy of the Offense or Incident Report is directed to the S.A.P.D. Youth Services Unit before the end of the officer's tour of duty. Officers complete all police reports required by the Bexar County Juvenile Detention Facility before entering the Facility. Officers do not remain in the Facility longer than is necessary to deliver the juvenile prisoner. 198 • • • • • • .13 • ~ . D. Should it be necessary to bring a prisoner to the Investigation Division instead of directly to a detention center, the following applies: 1. The detective interrogating or assuming control of the investigation immediately inspects the prisoner and notes in his report the condition of the prisoner, particularly as it pertains to any injury or any statements made by the prisoner about his physical condition after the initial arrest was made. 2. The detective assumes responsibility for the security of the prisoner; if he is occupied with other prisoners, one of the arresting officers guards the prisoner in order to prevent his escape and to prevent any mistreatment or abuse of the prisoner. 3. Once a prisoner is the responsibility of a detective, the arresting officer leaves the Temporary Record of Arrest (Booking Slip) with the detective; the arresting officer is responsible for the magistration of the prisoner and then returns to in-service status. It is the responsibility of the detective to book the prisoner into the appropriate detention facility. E. Military personnel arrested for a Municipal Court Class C Misdemeanor Offense, other than theft, are released to the proper Military Police Authorities. F. In order to expedite cooperation between the Armed Forces and the San Antonio Police Department, the proper Military Police Authorities are notified in the following instances: 1. Military personnel incarcerated or released from the Bexar County Jail. Notification is made by jail personnel; 2. Military personnel under investigation for a felony offense or serious misdemeanor offense. Notification is made by the respective investigative follow-up unit; 3. Military personnel involved in major accidents as a driver, or hospitalized as the result of violence or accident. Notification is made by the officer handling the case; and 4. Officers' reports covering the above noted instances contain the identification of the proper Military Police Authorities notified. When notification is made by jail personnel they are responsible for entering this information on the prisoner's jail copy of the Record of Arrest. ACCEPTING CUSTODY OF PRISONERS A. To expedite cooperation between the San Antonio Police Department and other law enforcement agencies, the San Antonio Police Department assumes custody of prisoners lawfully arrested within the corporate limits of the City of San Antonio under the following circumstances: 199 .14 B. 1. 2. Prisoners lawfully arrested by an off-duty San Antonio Police Officer or law enforcement officer from an outside agency, who are working for a business or a special event located within the corporate limits of the City of San Antonio; Prisoners Injured or sick when taken into custody by San Antonio Police under A 1 of this Subsection are handled as specified under Subsection .1 O of this procedure. 3. Prisoners in custody by outside police agencies, arrested for City of San Antonio Municipal Court warrants only. Should a prisoner become sick or injured after acceptance from an outside agency and while under San Antonio Police Department Custody, the following applies. 1. The district officer taking custody of the prisoner is responsible for transportation to a medical facility, should the prisoner become sick or injured while in that officer's custody; or 2. Should a wagon be utilized for the transportation of a prisoner from an outside agency and the prisoner becomes sick or injured, a patrol officer is dispatched and the patrol officer transports the prisoner to a medical facility, if needed. C. A supervisory officer is notified and responds to the scene under the following circumstances: 1. When an officer assumes custody of an injured or sick prisoner from an off-duty San Antonio Police Officer or an officer of an outside agency working in an off-duty capacity; 2. When an officer assumes custody of a prisoner from an off-duty San Antonio Police Officer or an officer of an outside agency and a question concerning the validity of the arrest is present. UNLOADING PRISONERS AT DETENTION FACILITIES A. City of San Antonio Detention Center 1. Officers with prisoners needing magistration or prisoners under arrest where public intoxication is the only charge are taken to the City of San Antonio Detention Center located at 401 S. Frio St. Officers park their vehicles and enter at the rear of the Center and enter through the rear doors. Officers insure that all prisoners are handcuffed prior to entry into the Detention Center; there are NO EXCEPTIONS. Officers take their handcuffed prisoner(s) inside the center and release their prisoner(s) to detention center personnel. If a prisoner is to be magistrated, the officer completes the magistration process as outlined in Subsection .11 of this procedure. 2. Officers do not enter the confined portion of the detention center armed. Officers place their weapons in one of the lock boxes provided for that purpose located just inside the rear doors prior to entering the confined portion of the detention center. B. Bexar County Juvenile Detention Center 1. Officers with prisoners enter the Juvenile Detention Center by parking their vehicles at the south rear entrance. Officers take their handcuffed prisoners inside and are allowed entrance into the main booking area where the officers release their prisoner to juvenile detention center personnel. 2. Officers do not enter the confined portion of the juvenile detention center armed. Officers place their weapons in one of the lock boxes provided for that purpose, located just inside the rear doors before entering the main booking area. 200 .l • • • • r • .01 INTRODUCTION The purpose of this procedure is to establish departmental guidelines for handling juveniles in accordance with Title 3, of the Family Code, effective September 1, 1973 . . 02 DEFINITIONS .03 A. B. C. "Juvenile" means a person who is between the ages of ten {10) and sixteen {16), inclusive. "Parent" means the mother; the father, whether or not the child is legitimate; or an adoptive parent; but does not include a parent whose parental rights have been terminated. "Guardian" means the person who, under court order, is the guardian of the person or the child, or the public or private agency with whom the child has been placed by a court. D. "Custodian" means the adult with whom the child resides. E. "Delinquent Conduct" means conduct that may result in an arrest, or conduct other than a traffic offense that violates the penal laws of this state, the city ordinances of this city, a reasonable and_ lawful order of a juvenile court, and/or the compulsory school attendance laws. ARREST OF JUVENILES A. Juveniles ~Yl i l §i taken into custody under the following circumstances: B. C. 1. Pursuant to an order of the Juvenile Court under the provisions of the Family Act; 2. Pursuant to the laws of arrest; 3. Conduct which violates the compulsory school attendance laws; 4. The voluntary absence of a child from his home without the consent of his parent or guardian for a substantial length of time or without intent to return; and A juvenile taken into custody and not released in the field is immediately returned to the San Antonio Police Department Youth Services Unit or the Bexar County Juvenile Detention Center located at 600 Mission Road (see Procedure 601.00, "Prisoners," Subsection .12, Disposition of Prisoners). It is the officer's responsibility to see that the rights of a juvenile taken into custody are not violated. The rights warning, S.A.P.D. Form No. 66-E, is read in all cases. 201 D. Juveniles booked into the Bexar County Jail by mistake are released immediately and referred to the San Antonio Police Department Youth Services Unit if: 1. A certificate of birth or a certified copy is presented; 2. A Baptismal certificate is presented, with two (2) sworn affidavits certifying the birthdate; 3. The juvenile's age has been previously certified; or 4. Disposition can be handled like other juvenile custody cases . . 04 NONARREST REMEDIES tf!@tnrn1111111ftl~lllillirqij~!fflltffi:f) lf@@i ffll!ffi}{@Jjffi!JQ!ig~jij[tfiijitffi§!tlt.ltl~ B . C. D. • :•:•:•:•:•:•:•:•:•:-:- :-:-:-:-;-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:- :-:- :-:-:- :,:-:- :-:-:- :- :-:-;-:-:- :-:-:•:•:•:• :•:•:• g /lHHHll fl iillilllltlliittlllllflii. ~ 1 11 ll11111111111111 111111ra1rl1tijl'ijg 1 1 ij 1 ~ 1 t!~!~§J ! !mnmr11illl! lrullillllill1l! llll~ 1 ~~1il!J t:emQJ §~wls~l PJII During school hours, juveniles sixteen (16) years of age and younger, who are exhibiting delinquent behavior and for whom field releases are used, are returned to the school they are attending. A copy of the report is directed to the San Antonio Police Department Youth Services Unit. The school attendance officer is responsible for filing charges against repeat offenders. Juveniles are released to other agencies under the following circumstances: 1. For care and protection of the child taken in custody; 2. The child is asking for assistance, aid, help, or guidance in criminal or civil matters, and the agency can provide it; and/or 3. Another law enforcement agency.has jurisdiction over the child as provided by the Texas Family Code, provided the child does not require medical attention. A report identifying the child and describing his alleged conduct, situation, and identifying the person and the agency to whom he was released is completed and given· to the person taking custody of the child. A copy of the report is filed with the Youth Services Unit. 202 • • • • • • • I ~ ~ r I ~ r ~ · ~ t k f. ~ .; l [ • � t ' t · J. ~ ~ s: t · ~ ~ � ~ · t ~ - I r . ~ s ~ ( . t ~ ~ ' .05 STATEMENTS, FINGERPRINTS, PHOTOGRAPHS, AND RECORDS A. The statement of a juvenile is admissible into evidence in any future proceeding concerning the matter about which the statement was given when: 1. The juvenile was warned of his rights by a Magistrate prior to taking the statement; 2. The juvenile was warned by a Magistrate, that if he is fifteen (15) years of age or older at the time of the violation of a felony offense, the juvenile court may waive its jurisdiction, and he may be tried as an adult; and 3. The juvenile signed the statement in the presence of a Magistrate, with no law enforcement officer or prosecuting attorney present. 8. Juveniles fifteen (15) years of age or older who are charged with a felony offense are fingerprinted. 1. Should latent fingerprints be found during the investigation of any offense, and a law enforcement officer has reasonable suspicion to believe that they are those of a particular juvenile, he may fingerprint the juvenile, regardless of the age of the juvenile or the offense committed, for the purpose of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints that were taken are destroyed immediately. If the comparison is positive, and the juvenile is referred to the juvenile court, the fingerprint card and other copies of the fingerprints taken are delivered to the court for disposition. If the child is not referred to the court, the fingerprint card and other copies of the fingerprints that were taken are destroyed immediately. 2. If latent fingerprints are obtained at the scene of any offense, and there is probable cause to believe the offender is a juvenile and the· identity of the juvenile is known, he may be fingerprinted by an officer in the. field, or returned to the station and fingerprinted by Identification Unit personnel for immediate comparison. 3. Obtaining fingerprints of juveniles not in custody may be accomplished by the following procedures: a. The officer requesting prints makes a motion to the juvenile court stating the reasons for printing the juvenile; b. These reasons include, but are not limited to: (1). The type of offense(s) the juvenile is suspected of committing; (2). Information the officer has which lead him to believe the juvenile in question is committing or has committed the offense(s); and (3). The area or areas in which the offense(s) occurred. c. If the motion to fingerprint the juvenile is approved, the juvenile's fingerprints are maintained until the court order demands their destruction, or until the series of crimes for which the juvenile was originally suspected ceases, whichever is the shorter period. 4. All fingerprint cards being retained by motion of the court are kept by the San Antonio Police Department Identification Unit. These print cards are kept in a locked secure area separate from any other files or print cards of any kind. The Identification Unit is the sole responsible party for storage of juvenile print cards under court motion. 203 C. Juveniles fifteen (15) years of age or older who are charged with a felony offense are photographed. All photographs are maintained in a secure area in the Youth Services Unit files. The Youth Services Unit is solely responsible for maintaining photographs of juveniles under court motion. D. Files, fingerprints, or photographs of juveniles are available to law enforcement officers only when necessary for the discharge of their official duties . . 06 LINEUPS A. Lineups involving juveniles, are approved by the Youth Services Unit or the commanding officer of the unit having custody of the Juvenile. Lineups are approved if: 1. The juvenile's attorney is present; 2. A juven!le referee is present; or 3. The lineup is conducted by an order of the court. B. The following procedures are followed in conducting lineups of juveniles: 1. At least four (4) persons other than the defendant must be available. These individuals must be as close as possible to the defendant in height, weight, age, and dress. They must be the same race and sex. (If time is needed to find four (4) such persons and the offender is about to be released from custody, notify the juvenile referee at once.) 2. Notify the juvenile's attorney as to the time and date of the lineup. If within a reasonable time, the attorney does not arrive to observe the lineup, then notify the court and proceed as directed. 3. Should no attorney of record be available for the juvenile, the court should be notified. Either an attorney appointed by the court or the juvenile referee will be present during the lineup. 4. A juvenile lineup is held because of emergency conditions only after the juvenile waives his right to have an attorney present during the lineup. Under these conditions, the waiver of this right is noted. All phases of this lineup procedure are documented. The juvenile's ability to understand the procedure and waiver of rights is witnessed and documented. 5. Confrontations at or near the scene of a crime are conducted according to Procedure 702.00, " Eyewitness Identification." .07 REFERRALS TO THE JUVENILE OFFICE A. B. The San Antonio Police Department Youth Services Unit duty officer is responsible for authorizing the referral or release of all juveniles brought to the Youth Services Unit. He promptly notifies the juvenile's parent, guardian, or custodian, and gives a reason for taking the juvenile into custody. Upon releasing juveniles to the duty officer, the arresting officer completes the necessary reports on each juvenile taken into custody. C. The Youth Services Unit duty officer is responsible for the following: 1. Releasing a juvenile to his parent, guardian, custodian, or other responsible adult upon that person's promise to bring the juvenile to court when requested by the court; 2. Bringing the juvenile before the office or official designated by the juvenile court; 3. Initiating and completing a Charge and Disposition Form; 204 • ,., " I .08 4. Delivering a copy of the offense report and any other report, statement, or data to the office or official designated by the juvenile court; and 5. Taking the juvenile to a detention facility designated by the juvenile court. HANDLING JUVENILES IN NONARREST SITUATIONS A. When a juvenile is in the company of an arrested adult, the arresting officer assesses the situation and uses his judgment and discretion as to the most expedient manner to return the juvenile to the custody of his parent, guardian, or responsible adult at home. Factors taken into consideration are age, mental or physical competence, time of day, distance from home, and availability of a responsible person to assume custody, etc. B. If disposition cannot be accomplished at the scene, the officer: 1. 2. Transports children twelve (12) years of age or less to the Childrens' Shelter, located at 133 Cedar Street; or Transports juveniles thirteen {13) years of age or older to The Bridge, located at 3103 West Avenue. 205 , .01 • .02 • .03 .04 INTRODUCTION The purpose of this procedure is to establish guidelines for the handling of violations of Protective Orders, from the processing of Protective Orders and their duration to disposition of violations through arrest and report follow-up. DEFINITIONS A. B. C. D. "Protective Order" means an order of a court directed to a person (respondent) prohibiting that person from committing family violence. Protective Orders are sometimes included in a divorce decree, but they are not to be confused with Peace Bonds or Restraining Orders. Additionally, a Protective Order may prohibit a person from communicating or visiting with another person and may grant exclusive possession of a residence to another. "Family Violence" means the intentional use or threat of physical force by a member of a family or household against another member of the family or household. This does not include the reasonable discipline of a child by a person holding that duty. "Household" means a unit composed of persons living together in the same dwelling, whether or . not these persons are related to each other. "Member of a Household" includes a former member of a household who has filed an application, or for whom protection is sought. PROCESSING OF PROTECTIVE ORDERS A. Copies of Protective Orders issued by the Bexar County District Clerk's Office in and for Bexar County are received by the Office of the Chief of Police and are recorded in the Fiscal Management and Research Section, Information Systems Planning Unit as soon as they are received. The Information Systems Planning Unit is forwarded copies of Protective Orders so that the information can be entered into the computer system. This information is filed under the complainant's name as well as under the respondent's name. Officers check for the existence of Protective Orders on file through the Information Channel Dispatcher. B. Police personnel from outside agencies occasionally call the San Antonio Police Department information channel for verification of names on Protective Orders. C. Officers dispatched to locations where a Protective Order is active and on file are so advised by the dispatcher. Only the address is automatically flagged by the computer for the dispatcher's console. D. Two (2) officers are dispatched to all calls for reports on violations of a Protective Order. OFFICER'S RESPONSIBILITIES A. A Protective Order may contain numerous prohibitive terms; an officer, however, may arrest for only those violations described in Section 25.08 of the Texas Penal Code. Accordingly, pursuant to Section 25.08 of the Texas Penal Code, a person commits a Class B Misdemeanor if, in violation of a Protective Order, he knowingly or intentionally: 1. Commits family violence; 2. Directly communicates with a member of the family or household in a threatening manner; or 207 8. C. D. 3. Goes to or near the residence or place of employment or business of a member of the family or household as specifically described in the Protective Order. a. Officers arrest for a Section 25.08 Texas Penal Code violation when said violation is committed in their presence or within their view; or b. When the violation is not committed in their presence or within their view, but officers have probable cause to believe that the said offense, defined by Section 25.08 of the Texas Penal Code, has been committed (see also: Articles 14.01 and 14.03 of the Texas Code of Criminal Procedure). Notification by the San Antonio Police Department Communications Dispatcher that a Protective Order is active and knowledge of the person(s) involved, coupled with a violation of the order, allows the officer to arrest for violations of the Protective Order. It is possible for a Protective Order to exist and not be in the files of this department, due to a time lapse between the time an order is issued and the time it reaches the Police Department. In these cases the officer must see the complainant's copy of the Protective Order before making an arrest. An officer remains at the scene of the investigation while he verifies the Protective Order, if there is a possibility of the further commission of family violence. The investigating officer protects the victim without regard to the relationship between the alleged offender and victim. A peace officer's duty to prevent the commission of criminal offenses, including acts of family violence, is not waived or excepted because of a family or household relationship between the potential violator and the victim. E. In cases involving family violence the investigating officer advises the victim in writing of her rights and remedies by providi'ng the complainant with S.A.P.D. Form No. 22, including the telephone numbers of shelters and social organizations offering assistance in such matters. F. Officers responding to family disturbance calls or other violent situations, where domestic violence is evident or suspected, route a copy of their Incident Report or Offense Report to the Bexar County District Attorney's Office, Domestic Violence Unit (D.V.U.) . . 05 ARREST AND REPORT A A person arrested for a violation of a Protective Order is booked into jail and magistrated as dictated by departmental procedures on arrests (see Procedure 601.00, "Prisoners"). B. The court that issued the Protective Order is the complainant, as the offense is P.C. 25.08 Violation of a Court Order. C. The person(s) protected by the court order are listed as either Reporting Person(s) or as Witnesses to the violation of the Court Order. D. An Offense Report is prepared when an arrest is made and includes the name of the person protected in the order and any witnesses to the offense. The following are included in the report: 1. A copy of the Protective Order is attached to the Offense Report submitted to the Magistrate. a. Officers may photocopy the order on file in the Dispatcher's Office. b. The reporting person may have an extra copy. c. The reporting person may lend the officer their copy. The officer then returns the copy to the reporting person before checking into service. 208 .J • • • • • • • • .. � • ~ - • ~ - r ~ ~ · .06 2. The specific violation(s) of the Protective Order are included in the narrative of the Offense Report. DURATION OF PROTECTIVE ORDERS A. B. C . Hearings on Protective Orders. 1. Upon the filing of an application for a Protective Order, the court sets the date and time fer the hearing on the application. The date set is not later than twenty (20) days after the date the application is filed. 2 . The only exception to .06A 1 is if the applicant requests a later date. Protective Orders. 1. 2. 3. A Protective Order is valid for one (1) year from the date the original order was granted by the court. An order is not modified to extend its validity beyond the one (1) year period. An agreement that is made as a part of the court protective order expires when the court order expires. Temporary Ex Parte Orders. 1. A Temporary Ex Parte Order is valid for the period specified in the order, but does not exceed twenty (20) days. 2. When the court grants the order or upon the request of the applicant, the Temporary Ex Parte Order expiration date may be extended for another twenty (20) days, and may even be extended for other twenty (20) day periods. 209 • [ . [ [ • l .01 .02 .03 llll!l!lll!lll;lllllllf il.tlll!llllllllllll!III INTRODUCTION This procedure is designed to provide guidelines for police response and intervention in domestic disturbance situations. This procedure does not outline those methods unique to mentally disturbed persons or protective orders. The techniques for handling mentally disturbed persons are found in Procedure 611.00. The prescribed manner for dealing with protective orders is found in Procedure 603.00. DEFINITIONS A. 11 Child" means those definitions prescribed within the Texas Penal Code, the Texas Code of Criminal Procedure, and the Family Code as applicable. B. 11 Private Premises" means a permanent or temporary residence, including but not limited to: a house and the grounds immediately surrounding it, an apartment, a hotel room, and a house-trailer. C. 11 Reasonable Grounds 11 means that set of facts or circumstances based on reliable, trustworthy information, or personal knowledge or observation by an officer, which reasonably shows and would warrant an ordinary, prudent person in the same or similar circumstances to believe that a particular person has been guilty of, is threatening, or is about to commit some offense against the law. DISCUSSION A. In domestic disputes officers are frequently confronted with conditions that appear to be both civil and criminal. Officers confronting civil disputes offer practical suggestions or refer the parties to the appropriate agencies, remaining aware that the objective is to restore and maintain the peace. It should be made clear that the department cannot officially participate in civil matters. B. Preservation of the peace in domestic disturbances is perhaps the most sensitive area of law enforcement and presents the greatest challenge and risk to officers. To be effective, officers must not only be cautious, but also be firm in their actions and courteous as well as tactful in their manner. C. D. The Texas Code of Criminal Procedure, Chapter 5, Article 5.04, Subsection (b) states " A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, including giving written notice of a victim's legal rights and remedies and of the availability of shelter or other community services for family violence victims." In accordance with the Texas Code of Criminal Procedure, Chapter 5, Article 5.04, Subsection (c), the San Antonio Police Department has developed S.A.P.D. Form No. 22, entitled "Notice to Adult Victims of Family Violence," to allow officers to comply with the requirements set forth in Subsection (b). The procedures which follow are not intended to establish hard and fast rules on how to handle the wide variety of domestic quarrels. Officers must apply common sense and logic in their resolution of domestic disturbances and rely on these procedures for guidance. 211 .04 POLICY • With the understanding that domestic quarrels have the potential to result in family violence, the primary purpose in responding to domestic disturbance calls is to: quell potentially violent situations, protect potential victims from harm, reduce return calls, enforce the law, and apprehend criminal offenders. Therefore, it is the policy of the San Antonio Police Department to respond to -requests for assistance in domestic disturbance situations in the same manner as any other request for assistance where violence may· occur. Furthermore, the department refers parties involved in domestic disturbances to social, medical, • and/or legal counseling as appropriate and arrests persons found to be responsible for criminal infractions . . 05 RESPONSE AND APPROACH TO SCENE .06 A. B. C. D. E. ENTRY A. B. Whenever possible, two (2) officers are dispatched on domestic disturbance calls. The primary officer assigned the call should inquire as to the existence of any protective order that may be on file for the complainant or other known persons involved. If two (2) single-officer units are dispatched, an effort should be made to coordinate their arrival at the scene. Persons encountered in the immediate vicinity of the scene should be briefly questioned about the incident and the parties involved. Upon arrival, the officers survey the site and the general surroundings, determine the location of the dispute, and calculate the tactics to be used relative to their safety and the safety of others. The procedures in this section apply to the entry of private premises. • In the initial contact with the occupants, the officers identify themselves, and explain the purpose of their presence, and request entry. If the complainant is an occupant of the dwelling, the officers • ask to speak with him/her. C. Consent Entry. 1. Officers may enter the premises, if consent has been given to do so. Where one of the parties to a domestic dispute request police intervention, the officers may enter the premises over the objection of the other party. 2. However, when one party is locked out by the other party, the officers do not assist the evicted party in forcing entry. 3. 4. When officers enter a dwelling on the consent of either or both parties and subsequently both parties request that they leave, the officers will do so, unless the officers have reasonable grounds to believe their presence is necessary to prevent family violence or effect an arrest. When officers enter a dwelling on the consent of either or both parties and subsequently one party request that they leave, the officers may remain over the objections of the other party, if the officers have reasonable grounds to believe their presence is necessary to prevent family violence or to effect an arrest. D. Refused Entry. 1. When officers are refused entry to a residence, an attempt to speak with the complainant is made. The officers may request the communications personnel to call the complainant. The objective is to ensure the safety of the persons within the dwelling. 212 • • • • l [ · r r • r t .. ~ ~ t • > � ~ - • .. - I " .07 E. F. 2 . The officers locate and interview any third party who may be a witness to the dispute to ascertain the degree of the disturbance. a. Should a breach of the peace occur, the officer(s) advise the third party of his right to file a formal complaint. b. Should the officer(s) have reasonable grounds to believe police intervention is necessary to prevent family violence, the officers contact their supervisor. The officers should move to public property and observe the premises while awaiting the arrival of their supervisor, except in exigent circumstances covered in Subsection E., "Forced Entry.• Forced Entry 1-. Officers may forcibly enter a dwelling only under exigent circumstances and when sufficient probable cause exists that immediate police intervention is imperative to prevent the commission of a felony, loss of life, or serious bodily injury. 2. Officers must evaluate the following elements when considering a forced entry: a. The degree of urgency involved and the time required to obtain a warrant; b. Whether parties involved in the disturbance are armed; and C. Whether the probability of harm to the officers or other persons will increase by a forced entry . Upon entry, officers need to establish control of the situation by: 1. Remaining constantly alert for potential weapons; 2. Inquiring about the nature of the dispute; 3. Determining if persons are injured; a. Protecting the victim from further injury; and b. Requesting medical treatment for the injured. 4. Identifying the parties involved and other persons present; and 5. Ensuring the safety of all persons by interviewing the persons in separate areas. NON-ARREST REMEDIES A. Referrals: If counseling or assistance is needed, officers refer the disputants to the agency that can be of the best help. B. C. Temporary Separation: In situations where domestic violence or violation of a court order has not occurred, officers suggest a temporary separation for the involved parties in an effort to allow the disputants time to regain their composure. Criminal Complaints and Protective Orders: Officers shall issue S.A.P.D. Form No. 22 to all potential victims of family violence. 213 . 08 ASSAULT A. When an assault is committed in their presence, the officers may effect an arrest. B. When an assault has been committed prior to the officers' arrival, the officers may effect an arrest when: 1. A member of a family or household assaults another member of that family of household and bodily injury resulted from the assault; 2. Bodily injury resulted and the officer has probable cause to believe that there is a danger of further bodily Injury to that person; 3. When the assault was committed with a deadly weapon; or 4. Serious bodily injury resulted. C. When the assault is committed on the officers, the offender may be arrested. D. In all cases where an assault has occurred or is alleged, officers must issue S.A.P.D. Form No. 22 to adult victims . . 09 THREATS A. B. Officers remain flexible when dealing with threat situations and apply those remedies which appear capable of resolving the particular dispute. In most situations involving threats only, the resourceful application of non-arrest remedies usually enables the officers to settle the immediate dispute and minimize the possibility of violence. When non-arrest remedies fail and circumstances reasonably show the threatened violence may occur, the officers may arrest to prevent the threatened violence. C. In all cases involving threatened family violence, the officers must issue S.A.P.D. Form No. 22 to adult victims. D . When damage to property is threatened or has been committed, the officers do not make an arrest since a violation of community property rights is a civil matter. The officers warn the disputants that such damage to property could develop into a criminal act. The officers refer the parties to private legal counsel and/or refer them to the appropriate community service agency . . 10 OFFENSES INVOLVING A CHILD A. When an assault has been committed against a child and constitutes Injury to a Child, the officers may arrest. B. Where physical injury is threatened against a child but has not been inflicted, the officer informs the threatening party that he will commit a felony if he carries out the threat. Officers may effect an arrest when circumstances reasonably show it is necessary to prevent the assault. C. Officers request their supervisor's guidance in handling situations which center on offenses, threatened, alleged, or committed, involving a child. D. In addition to the required reports, officers submit a written report to the Texas Department of Human Services in all cases which involve the actual or suspected abuse or neglect of a child. 214 • • • • • • ~ t • • .11 I ( l :e ~ ~ l • ,> . .12 OTHER OFFENSES A. Officers do not arrest a person solely for intoxication within his own private premises. B. 1. 2. Officers explain this fact to the complainant. If chronic alcoholism is involved: a. The parties may be referred to medical counsel or the appropriate social service agency; or b. The complainant may be referred to legal counsel regarding the filing of an alcoholic commitment petition. Situations often arise in which officers are requested to enter a private premises and remain while a spouse who is separating removes his/her personal effects from the premises. In these situations, the officer's only responsibility is to ensure neither party assaults the other. When a dispute arises as to what property may be removed, the officer refers the persons to their attorneys, as violation of community property rights is a civil matter. If one party alleges a theft or violation of a property settlement is being committed, or his/her property is being damaged or destroyed, the officer advises the party to contact their private attorney. C. In situations where one spouse alleges the other is involved in a violation of morals or other lewd act with a third party, the officer cannot enter a premises to obtain evidence. There is no law making adultery a criminal offense in the State of Texas. The complainant is advised to consult an attorney. EXISTING REFERRAL AGENCIES FOR DOMESTIC DISTURBANCES There are numerous private and public agencies in San Antonio/Bexar County which provide counseling, guidance, and emergency services for the various issues involved in domestic disturbances. To attempt to list these agencies would be cumbersome and necessitate a continual revision. A partial list may inadvertently exclude a vital organization and is therefore not attempted. Officers should utilize the current telephone directory in referring parties to service organizations. 215 .01 ~ - .02 t . r • I l i ,, . ~ - ' .. t ~ ' ~ ~ ! · ,.. r- I ~ r ~ ;: l• I. ~ ;'. le ~ .03 I ~ - "' r r l• l I ' ~ INTRODUCTION Officers are routinely called upon to handle a variety of miscellaneous complaint calls that make up a large percentage of the officers' workload. These calls range from burglary and robbery alarms to nonpolice service request. This procedure gives the officer maximum discretion in the handling of the call while providing some general guidelines on how to properly handle these routine calls. ABANDONED CHILDREN A. An abandoned child is one for whom no person is immediately responsible for his care, safety, or well-being. 1. There is no time set by law to determine length of abandonment. 2. This applies to any child under ten (1 O) years of age . 3. Children may be abandoned in a home, a vehicle, or any place, public or private. B. All calls reporting abandoned children are investigated by a uniformed officer. If it is determined that children have been abandoned, an attempt is made to locate the parents, relatives, or responsible adults. C. Should a situation arise in which it is questionable as. to who has custody of or responsibility for the children, or to a person's ability to see to the children's welfare, the children are transported to the Children's Shelter at 133 Cedar St. D. Abandoned children reports are made on an incident report. The report includes the length of time of the abandonment, physical condition of the children, and any lack of basic needs such as food, clothing, shelter, and any need for medical attention. Copies of these reports are routed to: 1. Homicide; 2. Youth Services; 3. Bexar County Child Welfare; and 4. Bexar County Juvenile Department. BURGLARY /ROBBERY ALARMS, OPEN DOORS AND WINDOWS A. The dispatcher is responsible for sending an officer and a cover officer on all calls for burglary and robbery alarms, open windows, and open doors. 1. If an officer locates a point of entry, he takes the following action: a. Immediately notifies the dispatcher; b. Assumes the most tactically advantageous position, until a cover officer arrives; c. If a K-9 officer is available. he directs the movements of any officer going into a building; 217 2. 3. d. e. If a K-9 officer is not available, a building search is made, taking precautions not to destroy any evidence; Unless exigent circumstances exist, no officer enters any structure which is suspected of being burglarized without a cover officer. If entry must be made the dispatcher is notified; and f. It is the officer's responsibility to attempt to secure the building, and leave notification to the owner in writing, if he could not be reached by telephone. Should an alarm company representative or owner arrive at the location, officers assist in a security check of the building; and Should an alarm company representative or owner not arrive within a reasonable length of time, officers may leave after securing the building to the best of their ability. If either the alarm company or the owner notifies the dispatcher that they have arrived at the location after officers have departed, the dispatcher, upon request, sends an officer or officers to assist in a security check of the building. B. An incident report or appropriate N-Code report is made on each call. Copies of written reports are forwarded to the Burglary or Robbery Units. C. An officer indicates in his report if he was physically unable to check a building due to a locked gate, fence, guard dog, etc . . 04 PUBLIC INTOXICATION A. An individual commits an offense if he appears in a public place under the influence of alcohol or any other substance, to the degree that he may endanger himself or another. 1. An individual arrested under this section may be released from custody by a peace officer or magistrate, if it is believed imprisonment is unnecessary for the protection of the individual or others. 2. It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes by a licensed physician. B. Officers observing persons whom they believe are intoxicated should be certain that a person is in fact intoxicated and not suffering from an illness before a decision to arrest is made. In considering the degree of intoxication, officers satisfy themselves that the subject should be placed in custody for his own safety or for the public's safety. C. Persons arrested for public intoxication, are taken to the City of San Antonio Detention Center. D. A copy of the Incident Report, S.A.P.D. Form No. 2, and a copy of the Field Booking Record, S.A.P.D. Form No. 91, are required for the acceptance of a prisoner. E. If a person is intoxicated on a substance other than alcohol, such as marijuana, glue, paint, or any other drug, he is handled in the same manner as if he were under the influence of alcohol, unless probable cause warrants an arrest for another offense. F. An unconscious, sick, or injured prisoner is not booked into detention, until he has received treatment. Officers follow Procedure 601.00, "Prisoners.· G. A copy of the Incident Report must accompany the Temporary Record of Arrest when booking a prisoner and indicates whether the individual was violent, causing a disturbance, abusive, passive, or unconscious. This information assists the detention center personnel in processing the prisoner. 218 • • .1 .05 ~ - • .06 DISORDERLY CONDUCT A. When an officer is confronted by a situation within the scope of the disorderty conduct statute (Texas Penal Code, Section 42.01), he first attempts to calm the situation and preserve the peace by the use of various alternatives short of arrest, such as a warning or mediation. B . C. D. Misdemeanor citation or jail arrest are used In cases where the offender persists in the use of abusive language or other conduct forbidden by paragraphs 1, 2, or 5 of Section 42.01 of the Texas Penal Code. All jail arrests for disorderly conduct must be approved by a supervisory officer. A misdemeanor citation is issued if a person (not a juvenile) is intoxicated, but does not pose a threat to anyone and has transportation available which will not require him to drive a vehicle. Any person who is under the influence of alcohol or any other substance and who is also violent, threatens to be violent, or has been involved in a disturbance is arrested for disorderly conduct, provided the facts support the arrest and a supervisory officer approves the arrest. NONCRIMINAL POLICE SERVICES REQUEST A. All requests for patrol-bys received by the dispatcher are assigned to the district officer in the area in which the service is requested. The call is assigned to another officer if the district in which the service is requested is open. B. C. D. E. F. All requests for patrol-bys, received by other departmental sources, are recorded on the pink special · assignments forms, S.A.P.D. Form No. 41. This form is forwarded to the proper patrol shift for distribution to the district officer, the district officer assumes responsibility for providing the patrol-by and for completing any n~cessary reports. Requests for an officer to stand by while the complainant retrieves property, rent, children, etc., are assigned to an available officer. A cover officer is also assigned by the dispatcher. An incident report is completed reporting the action taken. Requests for transportation in police vehicles are not honored. However, stranded motorists may be transported by officers to the nearest public phone or service station. The dispatcher is notified when motorists are transported and a time/odometer check is made in all cases. An officer in a marked police vehicle offers assistance to all stranded motorists. The primary concerns of the officer are maintaining traffic flow and the safety of the motorist. 1. Stranded motorists on State highways may be assisted by the Texas Highway Department's Courtesy Patrols, who may be reached through the police dispatcher. 2. Vehicles found to be abandoned, due to mechanical problems, and blocking the traffic flow are towed by a contract wrecker after issuance of a parking citation. 3. Requests for an officer to open a locked vehicle are not honored unless an emergency situation exists where a person or animal is locked in the vehicle and threatened by injury or death. All requests for noncriminal police services, which would place a uniform patrol officer out of service for over one (1) hour, are to be approved by a supervisory officer. This includes, but is not limited to, requests for officers to stand by during strikes, rallies, or other such events. 219 • .07 ELDERLY AND /OR DISABLED PERSONS A This procedure is designed to facilitate the handling and disposition of those situations involving elderly and/or disabled persons requiring social services. B. Police officers may become involved In situations concerning the safety and welfare of disabled • persons and the elderly. C. One of the department's major functions includes making proper referrals to social service agencies. D. The Texas Department of Human Services has the primary responsibility of providing necessary treatment for elderly or disabled persons suffering from neglect and/or abuse. • E. The following situations are representative of appropriate circumstances for referral to the Texas Department of Human Services: 1. Elderty and/or disabled persons who are referred to the police for involvement in public disturbances and the police are unable to substantiate that a crime has occurred; • 2. Victims of crime who are elderly and/or disabled, requiring social services as a result of a crime; 3. Elderty and/or disabled persons who are particularty vulnerable to crime by substandard living conditions such as unlocked or unsecured doors and windows: • 4. Repeated calls by elderly and/or disabled persons for nonexistent or trivial incidents, in which the officer suspects that the complainant may suffer from disorientation; 5. Elderly and/or disabled persons who call the police because they have repeatedly fallen in their home; • 6. Family violence reports that involve elderty, disabled, or mentally retarded persons; 7. Neighbors concerned about an elderly and/or disabled person in the neighborhood who is not able to care for himself or who is subjected to family violence or exploitation; • 8. Calls from elderty and/or disabled persons needing assistance with food, utilities, or other basic needs; or 9. Elderty and/or disabled victims of violent crime (rape, assault, robbery, etc.) requiring counselling. • F. Officers assess each situation encountered in order to relate the precise circumstances to the Texas Department of Human Services. Officers understand the importance of protecting the dignity and independence of each complainant. G. During the hours of 0800-1700, on business days of Monday through Friday, officers obtain referral information from the Texas Department of Human Services by calling 337-3550. • H. During the hours of 1700-0800, Monday through Friday, and twenty-four (24) hours on weekends and holidays, officers call_ the statewide abuse hotline by dialing 1-800-252-5400. I. Copies of all field reports related to these issues are routed to the Department of Human Resources box at the Records Section and marked to the attention of the D.H.S. Investigator. • 220 � ~ - 1, � i' I ~ ~ ~ · l .08 .09 ANIMALS A. If animals are noisy, complainants are Informed by the dispatcher's office that they may file a complaint in person with the City of San Antonio Municipal Court for violation of a city ordinance. B. C. D. E. F. Deceased animals are removed from the public properties and streets ·by the Department of Public Works. Property owners retain the responsibility of removing dead animals from their property. The Animal Control Facility has the authority to impound any animal which: 1. Is running at large; 2. Is exhibiting symptoms of rabies; 3. 4. Has not been redeemed by its owner; or Is described in a warrant for seizure. Reports of offenses of cruelty to animals require a uniformed officer to investigate the alleged violation. In substantiated cases, the officer prepares an offense report and/ or makes an arrest. 1. Should an animal require immediate medical attention, the officer requests that the Animal Control Facility impound the animal. 2. In cases of animals not requiring immediate medical attention, and evidence of cruelty is questionable, the officer delivers or posts a warning, S.A.P.D. Form No. 160, on the property. An incident report is completed and a copy is routed to the Burglary Unit. · , ' Reports of violations of the Texas Motor Vehicle Laws, as they address animals, are investigated by a uniformed officer. An officer may destroy an animal when he, or another person, is placed in immediate danger of bodily harm. An officer who discharges his weapon to destroy any animal, notifies the dispatcher. A copy of the report is submitted to the Office of the Chief of Police, the officer's Division Commander, and the Section Commander. 1. An officer may, upon the request of an owner or animal control officer and with the approval of a supervisory officer, destroy any animal that is injured beyond medical treatment, sick, or known to be rabid. 2. The Animal Control Facility is notified when a suspected rabid animal has been destroyed and asked to pick up the carcass. G. Any person who resists or interferes with an animal control officer serving a warrant to seize an animal may be filed on for Contempt of Court. The role of a police officer in assisting the animal control officer is to keep the peace. POLICE DUTIES AT FIRES AND RESCUES A. The primary duties of officers at the scene of fires are to help save lives as well as control traffic and crowds; however, officers also comply with the fire department requests for assistance in other areas. 1. 2. An officer does not use a patrol vehicle to barricade a street, as the vehicle may block the path of other emergency vehicles. An officer performs these duties until relieved by a supervisory officer, or until the fire hoses have been cleared from the street. 221 B. C. The types of fire alarm calls covered by this procedure include the following: 1. Still Alarms: Fires, where there is no immediate threat of bodily injury, and consist of, but are not limited to, the following: . 2. a. Automobile fires; b. Grass fires; or c. Trash container fires. Regular Alarms: Fires, which pose a threat of bodily injury or property loss, and consist of (but are not limited to) the following: a. Residential fires; b. Other structure fires; or c. Second and Third alarm fires (these fires cannot be controlled by one unit and require additional units). When an officer initiates a fire alarm he: 1. Notifies the dispatcher of the type of fire alarm and the location; 2. Makes a quick check for possible occupants and warns persons in the surrounding area; and 3. Advises the dispatcher the need for additional officers and locations where they are needed. The dispatcher notifies a supervisory officer of the situation. D. If a regular alarm is initiated through the dispatcher's office, an officer proceeds to the scene of the fire (code two). E. When an officer encounters a fire where arson is suspected, the officer requests that an Arson Investigator respond to the location. 1. If the fire is the result of suspected or known arson, the assigned officer prepares an offense report. 2. If the cause of the fire appears to be accidental, officers prepare an incident report and route a copy of the report to Arson. 222 • • • • l • • • • • I,., [ • I .. .. r r l • � • ~ l • ,; .01 INTRODUCTION This procedure governs the custody and disposition of any property that may enter into the possession of the San Antonio Police Department, with the exception of motor vehicles (see Procedure 607.00, "Impounding Vehicles"). .02 DEFINITIONS .03 .04 A. B. C. "Property" means, evidence, personal property, recovered property, and found property. "Evidence" means property which may be used in a criminal proceeding to support an allegation made by the State. Should doubt exist as to the materiality of the impounded property, it is to be classified as evidence. "Personal Property 11 means items which can be identified as belonging to an individual or organization and cannot be classified as Evidence, Narcotics, Recovered Property, or Found Property. D. "Recovered Property" means any item impounded by an officer which the officer knows or believes to have been stolen. E. "Found Property" means any item which has been located by the officer or a citizen and appears to have been lost or abandoned. CLASSIFICATION OF IMPOUNDED PROPERTY A. Impounded property is classified into one of the following categories: 1. Evidence; 2. Personal property; 3. Recovered property; or 4. Found property. B. Property is impounded when a San Antonio Police Officer takes custody of the property and places it into the San Antonio Police Department Property Room. RESPONSIBILITIES A. The confiscatory and custodial responsibilities of the San Antonio Police Department are used as a basis for any impoundment of property by officers of the department. An officer does not impound property unless a legitimate police purpose for such impoundment exists. B. Police officers are responsible for safeguarding any personal property that a prisoner may have in his possession or under his control at the time of the arrest or detention. Most of the prisoner's personal property that is not accepted by booking personnel at the Detention Center is placed in the police property room by the arresting officer. 223 1. 2. As a general rule, personal property of a prisoner is accepted at the City of San Antonio Detention Center. Unacceptable personal property includes, but is not limited to, large sums of money (in excess of two-hundred ($200.00) dollars) and valuable jewelry. Personal property belonging to a prisoner is inventoried and placed in the police property room under a K-Tag. A notation is made on the Temporary Record of Arrest (Booking Slip). Inventories made for large sums of money or valuable jewelry, require the assistance of a secondary officer. Officers are to turn over the prisoner's personal property to the Detention Guard. The Detention Guard determines what property is placed in the property room and what property is accepted at the Detention Center. Property retained by the Detention Center is placed in an envelope with a list of the items attached to the front of the envelope. Both the arresting officer and the Detention Guard initial the envelope, verifying the contents. C. Police officers impound physical evidence related to any offense. D. Officers finding property or recovering stolen property are to place that property in the property room. E. F. Officers impounding vehicles for any reason (excluding 7:00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m. Tow-Away Zone Violations) are responsible for inventorying and impounding any property found to be of any value in the vehicle. If the vehicle is locked, refer to Procedure 607.00, "Impounding Vehicles." Officers impounding vehicles for violations of a 7:00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m. Tow-Away Zone, impound any obviously valuable items found to be in plain view inside the vehicle. Should the vehicle be locked. refer to Procedure 607.00, "Impounding Vehicles." G. Any officer who has property to be placed in the property room, makes an inventory of that property as soon as possible. preferably at the location at which it was found. The officer then transports the property to the property room and impounds the property as directed. He does so no later than the end of his tour of duty. H. An officer who places property in the property room to be processed by the Medical Examiner's Office sends a report to the Medical Examiners Office requesting that the property be processed. :::oottllliMPOU.No.iNGtFtFU~ARMSI -:-:-:- :•:-:-:-:-:-:- :•:•:•:- :-: -:- :-:-:•:•: •:- :-:- :-:-:-:-:-:- :-:-:- :-:-:-:-:-:- :-:-:-:-:-:-:- :-: -:-:-:-:-:-: -:-:- :-:- :-:-:-:-:-:-:-:-:-:-: -:-:-:-:-:-:-:-:-:-:• ll!@@I•11, 1!t~iii~t§l~If9ti!!fi!J'.ijf§li@ £iim& ™14!1~!?llffll:9!!&~ill iiffl!l.1 !lfB!\Li!!lffflfflf i F!l!llEJ#wlJ/&tfft~tm~\!tiJiPli ~tt~wJ:JtMitmjy::ff?:@!!9~:J#t#:nJfiMEXf?:§ft1HJm11tffi~Jffi!!§Wffiitl rui4fflffliOP:@!~ !1:! ~ })!)!!i//)!)i!li!III~ !!)§fflfl~!mtffl!m~: g /{ll]EHE!tfffl?W:n.@t@r~J@mm~t:r~!t: ~mmtfflnffli]i!Ytf§~tt@*-fiAP:~!ffltlfµp~gJmti mtmrmlt m 1H1rnfi \tll;lllllli'illn19!g1~1:2f1 1mrg1 ~1nnm11 ; :rmJ~t @¥1ijffiffii !!1!lfrnf 1mi 111111rqJflilFR!!lU~l[ iwiiffi~¥!l!ll!i §lt! 1111111rmtijJftt@Wfil!i!!@fijl@ffim!ffl/;yffi@ti'!M!l9\\§/II!ffiP.9!I!1]~]!fi!l:w Rmtw!~J§'!IM'!9 Ji!M\Jl 11.llllitillf M!lf 61 '!1111 1flilf ~eY!l!~Jin ~m~m rJmMMRP 224 -~ .. ~ - ... ! l .06 ? I mrnrn1;&11\iil:1111111f ~!igi ii!!i i umn!!~ mgl!JR ~M&Pi ½!:J!a1i1s1i1 mfl£~Mit imi PROPERTY ROOM A. B. C. D. E. F. The property room is located in Room Number B-90 of the San Antonio Police Department Headquarters Building. · Although the property room has personnel on duty seven (7) days a week, there are times when the facility is closed and the doors are locked. During those particular hours, the following procedures are utilized in order to safeguard impounded property: 1. A log is maintained at the Security Services Desk in order to record and control access to the property room reception area. a. An officer requiring access to the property room reception area contacts Security Services Desk Personnel who are responsible for the key to the property room reception area . b. Security Services Desk Personnel record, in the log book provided, the officer's name, badge number, and time. Security Services Desk Personnel provide the officer with the key to the property room reception area. 2. An officer in possession of the property room reception area key or present in the Property Room Reception Area is responsible for the security of that area. 3. Upon completion, the officer closes and locks the door to the Property Room Reception Area and returns the key to the Security Services Desk. Security Services Desk Personnel are responsible for the logging of the completion time and return of the key. When the property room is closed, officers having property to be secured, place it in storage lockers located in the property room reception area. Lockers have been reserved in the following categories: 1. A narcotics safe with a night deposit-type entry for all found narcotics and narcotics evidence; 2. Six lockers marked "For Narcotics Use Only'' are provided for those narcotics related items that do not fit inside the safe; 3. Three lockers marked "For Rifles and Other Long Objects Only;" and 4. The remaining unmarked lockers are to be used for storing other types of property. In those instances, when a locker is not available or the impounded property does not fit into a locker, individual items are inventoried, tagged, and placed on the floor. A refrigerator is available for the storage of perishable items which have been impounded. No beverages are stored in the refrigerator. When possible, perishable items are released to the owner in lieu of impoundment. Occasionally instances occur after normal duty hours, when it is necessary to notify a member of the property room personnel for the purpose of opening the property room. 225 1. Property room personnel are notified and required to open the property ream under the following circumstances: a. Any impounded cash money in excess of five thousand ($5,000) dollars; b. Any number of impounded weapons that cannot be stored in the lockers located in the property room reception area; c. Any quantity of impounded property that cannot be stored in the property room reception area; or d. Upon the determination of a supervisory officer that the impounded property is of high importance and wants the property stored in the property room. 2. The names and phone numbers of property room personnel are located at the Security Service Desk, Communications (Dispatchers' Office), and posted on the main door of the property room . . 07 PROPERTY TAGS AND LOGBOOK A. All found narcotics (controlled substances) or evidence which consists of narcotics (controlled substances) or narcotics paraphernalia and which must be tested by the medical examiner's office to affirm an offense, is impounded and the information regarding the property recorded on an "E" property tag. B. All other types of property, including found narcotics paraphernalia and narcotics paraphernalia that does not need to be tested by the medical examiner's office to affirm an offense, is impounded and recorded on a "K" property tag. Officers note on the face of the property tag the proper classification of the property being impounded (i.e., found or personal property). C. In the case of multiple items which cannot be secured together, the officer places the original property tag on one of the items. He then records the tag number on as many manila-colored property tags as are necessary to property tag the additional items of property. D. Property tags are not discarded. If the wrong tag is used, or for some reason the tag used is no longer needed, the word ''VOID" is written on the tag. The voided property tag is then placed in the box provided for this purpose. An officer does not otherwise dispose of a property tag. E. Property tags are utilized in the proper numerical sequence for each type of tag. F. In cases where an officer is impounding property from two (2) or more individuals, a separate property tag is completed for the property taken from each person. G. H. An inventory list is prepared and attached to the property tag when items of property to be impounded are too numerous to be listed on the tag. 1. A supplementary report form is used to list and describe the property. 2. Copies of the report containing the inventory list are sent to the follow-up units and two (2) copies are attached to the property tag. 3. An officer writes "SEE ATTACHED LIST" in the details section of the property tag. All found narcotics, controlled substances, or evidence which consists of narcotics, controlled substances, or narcotics paraphernalia and which must be tested by the medical examiner's office to affirm an offense, is logged in the logbook provided for that purpose. This logbook is not used for any other purpose. 226 • • • .08 • • � .09 .10 I. Should an offense report not be required or submitted, officers who place property other than personal property in the property room attach a copy of the Incident Report to the property tag and forward a second copy to the appropriate investigative follow-up unit. PROPERTY TO BE RESTRICTED FROM THE PROPERTY ROOM A. B. C. D. Automobile motors, transmissions, vehicle body parts, motorcycles, and mini-bikes are not placed in the property room. These types of property are impounded in the Vehicle Storage Unit. Bicycles and bicycle parts that are to be impounded are transported to the Bicycle Storage Room located in the Vehicle Storage Unit at the Downtown Pound, 443 Ninth Street. Property tags for use on bicycle and bicycle parts are provided at this location. The key to the Bicycle Storage Room is obtained from Vehicle Storage Unit personnel. A logbook is provided and must be completed before and after use of the Bicycle Storage Room. Explosives and combustibles are not stored in the property room. Explosives are disposed of by the Police Department Bomb Squad. A supervisor determines the disposition of any other combustible or volatile materials. Fireworks are not placed in the property room, but property disposed of by the officer assigned to the case. Animals are not placed in the property room. Live animals are transported to the City Animal Shelter by Animal Control personnel. RELEASING PROPERTY TO THE OWNER A. Property may be released by an officer to the owner or his representative at the scene of a recovery under the following circumstances: 1. The property was recovered by the owner or his representative; or 2. The property consists of any perishable food or commodity; and 3. The owner can positively identify the property recovered. (fhe officer must show the method of identification and extent of proof of ownership in the appropriate report.) 8. In felony cases, property should be processed by an evidence technician prior to release. C. In cases of arrest, or misdemeanor citation release, officers attempt to obtain a photograph of recovered property prior to releasing it to the owner or the owner's agent. In Class C Misdemeanor offenses, the photo, along with the offense report, is left at the report collection receptacle. In more serious offenses, the photo is attached to the Magistrate's copy of the offense report. D. In all cases, where property is to be released, the officer fills out a Property Release Form, S.A.P.D. Form No. 113, in triplicate. One copy is for the complainant, one for the follow-up unit, and the original is for Records. The complainant is asked not to dispose of the property until final disposition is made of the case. TEMPORARY WITHDRAWAL OF PROPERTY BY OFFICERS A. If an officer needs to withdraw items of property temporarily from the property room for further investigation or for prosecution, he signs a temporary receipt for the property. This receipt, S.A.P.D. Form No. 113-3, is prepared in the property room. The officer is responsible for the property while it is in his custody. B. The property is returned to the property room or a receipt for property, S.A.P.D. Form No. 113, is prepared by the officer upon completion of the task for which the property was temporarily withdrawn. 227 .11 DISPOSITION OF PROPERTY A. B. C. D. Only property room personnel are authorized to release property after it has been placed in the property reception room. Members of the San Antonio Police Department are not entitled to any property found by them. All prohibited weapons, explosive weapons, chemical dispensing devices, and other weapons received by the San Antonio Police Department are disposed, released, and/or destroyed in accordance with the Texas Code of Criminal Procedure. Found firearms may be claimed by the finder after one hundred-twenty (120) days, provided that the owner is not located and the finder has not been convicted of any felony. E. Any found property may be claimed by the finder after one hundred-twenty (120) days, provided that the owner has not been located and clearance has been obtained from the Burglary Unit. F. Should property be taken from the property room and turned over to the Bexar County District Attorney, a Property Release Record, S.A.P.D. Form No. 113.1A, is completed in triplicate: one copy to the property room, one copy to the District Attorney, and the original to the General Records Unit. G. Automated Property Disposition Form: 1. 2. The Automated Property Disposition Form is a computer-generated form used to communicate between follow-up units and the property room for the timely disposition of stored property. ·This form is hereafter referred to as PDA. The PDA is automatically generated on the expiration of thirty (30) days after the property is placed in the property room. The PDA is routed to the appropriate follow-up unit and contains the case number, property tag number, and other information necessary to research the case. 3. Follow-up units complete the PDA by assigning the appropriate numerical classification to the property, signing the PDA, and returning it to the property room. a. Each numerical classification has a specified time period which causes another PDA to be generated upon its expiration. b. The following numerical classifications are utilized to identify the disposition of the property. (1 ). The numerical classification "1," identifies the property to be held for further investigation. A follow-up PDA is generated at the expiration of six (6) months for crimes against property and twelve (12) months for crimes against persons. (2). (3). The numerical classification ·2, • identifies the property to be held for a court case. A follow-up PDA is generated at the expiration of six (6) months for crimes against property and twelve (12) months for crimes against persons. The numerical classification "3, • identifies the property to be held awaiting magistrate's instructions. A follow-up PDA is generated at the expiration of thirty (30) days. (4). The numerical classification "4," indicates the property is to be destroyed. 228 • 1 .j • •• , • • 1 . J t • .. I ~ - r (5). (6). (7). (8). (9). The numerical classification "5," identifies the property to be disposed of according to the an order of a magistrate. A statement of the magistrate's order referring to the disposition of the property must be included. The numerical classification "6," indicates the property is to be disposed of in accordance with Article 18.17 of the Code of Criminal Procedure. The name and address of the person the property is to be returned must be Included. The numerical classification •7, • reclassifies the property as personal property. The name and address of the person the property is to be returned to must be included. The numerical classification •a,• requires specific instructions for the disposal or retention of the property. The numerical classification •9,• indicates a partial release of the described property. This numerical classification must be placed on the line containing the property description. The name and address of the person the property is to be released to must be included. 229 .01 l .. ~ - .02 • t .. INTRODUCTION This procedure establishes guidelines which San Antonio Police Officers follow for the impoundment of vehicles from impoundment for forfeiture to impoundment for other noncriminal violations. CLASSIFICATION OF IMPOUNDED VEHICLES A. Vehicles coming into custody of the department are classified into one of seven categories: B. C. 1. Impounded for forfeiture; 2. 3. 4. Impounded for evidence; Impounded as prisoner's property; Impounded for traffic violations; 5. Impounded as an abandoned auto; 6. Impounded as a recovered stolen vehicle; or 7. Other noncriminal impoundments. A motor vehicle is impounded when a police officer takes custody of it and removes it to a police storage facility. There are two Police Vehicle Storage Units: 1. Downtown Pound, located at 443 Ninth Street, receives only the following impounded vehicles: b. Impounded for a traffic hazard if nearer than the Growden Pound, excluding any vehicles towed from expressways as hazards; c. Impounded for "downtown" (defined by City Ordinance) parking violations; d. Impounded as a result of parking violations in the immediate area surrounding local colleges and universities; e. Impounded for any DWI arrest unless involved in an accident; and 2. Growden Pound, located at 3625 Growden Road, receives all other impounded vehicles. When an impounded vehicle falls into one of the exceptions where property remains in the vehicle rather than being placed into the property room, officers list all properties of a quality or amount that could be considered valuable and/or at risk in the vehicle on the Towing Service Record. Officers also list any damage to the impounded vehicle on the Towing Service Record. Personnel at the Car Pound verify the information listed on the Towing Service Record. An impounded vehicle with property inside is placed on the secure row if sent to the Growden Pound, with a supervisor's approval and a notation on the Towing Service Record and in the body of the officer's report. 231 .03 .04 RESPONSIBILITIES A. When police officers impound a motor vehicle, they are aware of their responsibilities toward the vehicle and its contents. They are liable for any negligence on their part which results in damage to the vehicle or its contents. They are also responsible for the safekeeping of the vehicle and its contents while it is under their control. B. It is the responsibility of the San Antonio Police Department to enforce sections of the New City Code of San Antonio that pertain to the operation of auto wreckers that are within the corporate city limits of the City of San Antonio. EXCLUSIVE AUTHORITY TO TOW VEHICLES A. Exclusive authority to tow nondriveable vehicles involved in accidents lies with the current contract wrecker companies. B. Authority to tow vehicles that are to be impounded for any other reason lies concurrently with the current contract wrecker companies and the police car pound auto wreckers . . 05 CITY ORDINANCE SECTIONS GOVERNING AUTO WRECKERS A. Section 8-14 prohibits the driving of noncontract wreckers to or near the scene of an accident on the streets of the city. B. C. Section 8-16 prohibits the soliciting by any business which deals with the removal, storage, wrecking, repairing, trading, or purchase of any wrecked or disabled motor vehicle, or trailer on the streets of the city. Section 8-17 states that proof of the presence of any person engaged in the auto wrecker business at or near the scene of an accident is prima-facie evidence of solicitation, in violation of Section 8-16. 1. The scene of an accident is assumed to extend 300 feet, or one city block, from the nearest vehicle involved in the accident. 2. Except when needed to assist in rescuing an injured person, no wrecker is to stop in this "300 footN zone, unless directed to do so by a police officer. D. Section 8-18 prohibits the removal, via auto wreckers, of any abandoned vehicle or wrecked vehicle on the public streets without the permission of the police. E. Section 38-101 authorizes a peace officer to remove to the police pound any vehicle that is found standing or parked in violation of any city ordinance, or a vehicle that Is abandoned or left in a public place, or any wrecked or disabled vehicle that constitutes a traffic hazard . . 06 IMPOUNDED FOR FORFEITURE A. B . An officer may seize or impound a vehicle that is used or intended to be used for the illegal transportation or delivery of any controlled substance in violation of the Texas Controlled Substance Act, Chapter 429, Subchapter 5, Sections 5.03 and 5.04. Officers follow Procedure 509.00, NAsset Seizure, N when impounding a vehicle for forfeiture. An officer impounding a vehicle under authority of this act notifies the Asset Seizure Unit of his actions, by submitting a copy of the appropriate report. 232 • • • • • • • • • • .07 ~ - .. ~ - .08 ' .. I I . ~ � ~ • � ~ . . .. , IMPOUNDED FOR EVIDENCE 1. Under most circumstances a search warrant is not required to impound a vehicle from public property. 2. If the vehicle to be impounded is · on the suspect's property and it is not likely to be removed or tampered with while a warrant is being obtained, a search warrant is necessary for "impoundment as evidence.• 3. If a substantial amount of time has elapsed between the commission of the crime and the discovery of the vehicle used in the crime, the officer determines if the vehicle is likely to be removed or tampered with while a warrant is being obtained, and acts accordingly. 4. If the vehicle is on private property, the officer attempts to obtain permission from the owner of the property to remove the vehicle. If the owner does not give his permission, the officer determines if the vehicle is likely to be removed or tampered with while a warrant is being obtained, and acts accordingly. 5. If the vehicle to be impounded is locked, the officer makes a reasonable attempt to gain entry without damaging the vehicle. If the officer cannot gain entry without damaging the vehicle, the officer leaves the vehicle locked and inventories visible properties, listing the properties on the Towing Service Record and in the body of his report. B. When an officer impounds a vehicle that he believes could be used as physical evidence in a criminal proceeding, he writes "Physical Evidence" on the Towing Service Record. He notifies, by means of his report, the commanding officer of the follow-up investigative unit handling the case, that the vehicle has been impounded as evidence. Within twenty-four (24) hours of notification, the commander of the follow-up unit decides if the vehicle is needed as evidence and he informs the car pound personnel to either release or maintain custody of the vehicle. If the vehicle is held for more than seventy-two (72) hours, S.A.P.D. Form No. 110-VH is submitted and signed by a Division Commander. !? JWHWilff lJIIIIIIIililllflW'WJlm{fl!ff @:!llffiit!l:ff~~i lil ~~IW@!iiE ~ l l!P '.!~ im!lrfillll9filtM1'f ;f f pe~!fli! Ymlis!Ill§l§.2-P.lffimlltt!B§!ll\!!fiif!f~ IMPOUNDED AS PRISONER'S PROPERTY A. Whenever a person is arrested while in his vehicle or a vehicle under his control and there is a need to book such person, the vehicle is impounded by means of an authorized wrecker, UNLESS: 1. The driver is sober and the officer believes the vehicle belongs to the arrested driver, in which case the officer advises the arrested person that he may elect to: a. Release the vehicle to a licensed passenger or person at the scene, only after the person receiving the vehicle signs a property receipt which lists the vehicle, its contents, and any personal property released to that person; or 233 b. Leave his vehicle legally parked and locked at the scene, provided the vehicle is not causing a traffic hazard. 2. If the driver is not sober or not in possession of his faculties the person to whom the officer may release the vehicle has to be a member of the arrested party's immediate family in the company of the arrested party at the scene, only after the person receiving the vehicle signs a property receipt listing the vehicle, its contents, and any personal property released to that family member; or 3. If the driver is not sober or not in possession of his faculties, his vehicle may be parked and locked only if the location is in front of his residence, or the residence of a member of his immediate family. 4. If the vehicle to be impounded is locked, the officer makes a reasonable effort to gain entry without damaging the vehicle. If he cannot gain entry without damaging the vehicle, the officer leaves the vehicle locked and inventories visible properties, listing the properties on the Towing Service Record and in the body of his report. The vehicle is placed on the secure row, with the approval of a supervisor. B. An officer arresting a juvenile who is in control of a vehicle, impounds the vehicle by means of an authorized contract wrecker, UNLESS: 1. The licensed owner of the vehicle is present and able to drive the vehicle away; or 2. The owner of the vehicle is present and elects to legally park and lock the vehicle at the scene. C. If the officer chooses to impound the vehicle, he informs the prisoner that the vehicle is being towed to the San Antonio Police Department Vehicle Storage Unit at the Growden Pound. D. Any time a vehicle has been towed to the Vehicle Storage Unit in connection with an arrest, and the driver is not booked, the car is released without any charge to the driver. E. All driveable vehicles belonging to D.W.I. suspects are sent to the Vehicle Storage Unit at the Downtown Pound (wrecked vehicles are sent to the Growden Pound). Wrecker drivers do not stand by at the lntoxilyzer Room with a prisoner's vehicle. F. If the suspect is not charged with D.W.I. or any other offense, the officer transports the individual to the Downtown Pound to retrieve his vehicle . . 09 IMPOUNDED FOR TRAFFIC VIOLATIONS A. Vehicles parked in violation of a "7:00 a.m. to 9:00 a.m. or a 4:00 p.m. to 6:00 p.m. Tow-Away ZoneN are ticketed and towed to the Vehicle Storage Unit at the Downtown Pound. B. Vehicles parked in a "No Parking Anytime Tow-Away Zone" are ticketed and towed to the Vehicle Storage Unit at the Downtown Pound. C. Vehicles creating a traffic hazard are issued a parking ticket, on which the officer indicates in what manner the auto was creating a hazard, and are towed to the closest Vehicle Storage Unit. D. E. A vehicle parked over two (2) hours on the untraveled portion of any expressway is issued a parking ticket for violation of the New City Code of San Antonio, Section 38.55.1. The officer has the vehicle towed to the nearest Vehicle Storage Unit Facility. The Municipal Court of the City of San Antonio issues an Order of lmpoundment for vehicles with numerous outstanding, unpaid parking citations on file. Officers execute lmpoundment Orders and impound the vehicles named in the orders provided that: 234 • • • • • • • • .10 r 1. The officer has a copy of the order In his possession; 2. The vehicle is parked illegally on the public street; and 3 . After impoundment, officers make return of the Order of lmpoundment to the Director of the Municipal Court, or in his absence, any Municipal Court Magistrate or Night Magistrate of the City of San Antonio. F. A nonemergency vehicle parked in a fire lane at one of the local shopping malls is issued a parking ticket for violation of New City Code of San Antonio, Section 15-82.6, "Parking in a fire lane." The vehicle is not towed away unless it is obstructing fire fighting apparatus . G. H. A vehicle blocking a driveway is issued a parking ticket. The officer has the vehicle relocated when practical. It is impounded only when it is impractical to relocate the vehicle. (Examples of when it is impractical to relocate are when there is no space available in the immediate vicinity, or all parking is restricted in the immediate vicinity.) If the officer has the vehicle relocated he immediately notifies the Security Services Desk or Service Area Police Service Agent of the new location of the vehicle. All relocations are performed by either the contract wrecker company or the police wreckers. If an officer stops a vehicle that is improperly registered, he issues the driver a citation for improper registration and makes a thorough check of the vehicle. He does not impound the vehicle for being improperly registered . I. If the owner returns to his vehicle before the wrecker has removed the vehicle, and expresses intent to move it, and there is no outstanding Order of lmpoundment from Municipal Court; the officer releases the vehicle to him. This applies even if the wrecker has already hooked onto the vehicle. In cases where the violator's_ vehicle is to be released to the owner /operator without towing, there is no wrecker fee charged to the owner. J. If the vehicle to be impounded is locked, the officer makes a reasonable effort to gain entry without damaging the vehicle. If he cannot gain entry without damaging the vehicle, the officer leaves the vehicle locked and inventories visible properties, listing the properties on the Towing Service Record and in the body of his report. IMPOUNDED AS AN ABANDONED VEHICLE A. B. C. A vehicle abandoned on a public street is handled in the following manner: 1. A red sticker, S.A.P.D. Form No. 114, is placed on the windshield of the vehicle; 2. Should the vehicle be found abandoned after twenty-four (24) hours, a parking ticket is issued for "using the street for storage;" and 3. The vehicle is towed to the Vehicle Storage Unit at the Growdon Pound. Any vehicle abandoned on any dedicated street on airport property or dedicated street on other city property is handled in the same manner as an abandoned vehicle on a public street. Any vehicle abandoned on the airport parking lot, city parklands, or other city-owned land, excepting that land that is leased to private enterprises, is issued a red sticker. If the vehicle remains abandoned after twenty-four (24) hours, it is impounded; however, no parking ticket is issued. 235 D. A motor vehicle that has been abandoned in a housing area such as the Victoria Courts, is issued a red sticker, ticketed, and impounded after twenty-four (24) hours, provided that the location where the vehicle is abandoned is city property. If the property is owned by the San Antonio Housing Authority, the vehicle is neither issued a red sticker nor impounded. (The streets in these housing areas are city property, the offset parking spaces are not.) E. If the owner returns to his vehicle before the wrecker removes it, and the owner expresses intent to move it, the officer releases the vehicle to him. This applies even if the wrecker has already hooked onto the vehicle. There is no towing fee charged to the owner if the vehicle is released to him at the scene. F. G. If a vehicle to be impounded is locked, the officer makes a reasonable effort to gain entry without damaging the vehicle. If he cannot gain entry without damaging the vehicle, the officer leaves the vehicle locked and inventories visible properties, listing the properties in the Towing Service Record and in the body of his report. If the vehicle is sent to the Growden Pound, the vehicle is placed on the secure row, with the approval of a supervisor. The San Antonio Police Department does not impound vehicles which have been abandoned on private property, except in circumstances outlined in other Subsections of this procedure . . 11 IMPOUNDED AS A RECOVERED STOLEN VEHICLE A. B. C. D. Recovered stolen motor vehicles are processed as follows. 1. Vehicle is processed for latent prints by an Evidence Technician before they are impounded or released to the owner in accordance with Procedure 701.00, "Crime Scene Duties;" and When the owner of a stolen vehicle is present at the scene of recovery of his vehicle, the officer may release the vehicle to the owner if he can show proof of ownership. If the officer releases the vehicle, he prepares a property receipt and has the owner sign it. 1. 2. If arrests are made from a stolen vehicle, and the officer releases the vehicle to the owner at the scene, the officer informs him to contact the Motor Vehicle Theft and Identification Unit Detectives as soon as possible. The owner may use any means of transporting his vehicle, except in cases where the recovered stolen vehicle has been involved in an accident and is not driveable. Under these circumstances, the contract wrecker tows the vehicle. An officer does not have a wrecker wait at the scene of the recovery of a stolen motor vehicle for an Evidence Technician to arrive to print the vehicle. If an Evidence Technician is not available, the officer allows the wrecker to tow the vehicle to the Vehicle Storage Unit at the Growden Pound. The officer notifies the dispatcher that the vehicle has not been printed. An Evidence Technician is then dispatched to the Vehicle Storage Unit to process the vehicle when available. If the vehicle to be impounded is locked, the officer makes a reasonable effort to gain entry without damaging the vehicle. If he cannot gain entry without damaging the vehicle, the officer leaves the vehicle locked and inventories visible properties, listing the properties on the Towing Service Record and in the body of his report. The vehicle is placed on the secure row, with the approval of a supervisor. 236 • • • � • ·l l • • • t .. [ • le r ' ::. � I l ~ - , .12 IMPOUNDING VEHICLES INVOLVED IN ACCIDENTS A. Vehicles involved in traffic accidents are removed from the scene before the departure of the investigating officer. Vehicles that cannot be driven from the accident scene are towed by city contract wreckers. An exception is made for vehicles which were parked prior to the collision, if such exception is not in violation of Section 38-101 of the New City Code of San Antonio (see Section .0SE of this procedure). A second exception to using the contract wrecker service for all vehicles that are not driveable from the accident scene is hereby made for a vehicle owned by a governmental agency. If such exception is requested by the respective agency, and the vehicle is not creating a traffic hazard, the agency may remove their vehicle by any means they choose . B. Officers accommodate the driver whose vehicle requires slight repair before it can be driven from the accident scene, the investigating officer stands by for fifteen (15) minutes after completing the investigation. If at the end of this fifteen (15) minute period the vehicle is still not driveable, the officer orders the removal of the vehicle by a city contract wrecker. An exception to this procedure would be a vehicle that is creating a traffic hazard, such as blocking an expressway, in which case the vehicle is removed as soon as possible. C. The operator of a vehicle involved in an accident may designate where his vehicle is taken. The contract wrecker delivers wrecked vehicles to any destination provided those premises are open and the towing fee is paid. If a vehicle is to be towed to a location other than the Vehicle Storage Unit, the wrecker driver collects the applicable towing fee from the owner or person in charge of the vehicle. D. If the owner is under arrest, drunk, unconscious, or otherwise incapacitated, the vehicle is towed to the Vehicle Storage Unit at the Growden Pound (exceptions are noted in Subsection .07 of this procedure). If the vehicle is towed to the Vehicle Storage Unit at the Growdon, the personnel there collect the towing fee when the owner retrieves the vehicle. E. Any vehicle involved in an accident originating on a public street that comes to rest on private property is removed from that property. F. If the vehicle to be impounded is locked, the officer makes a reasonable effort to gain entry without damaging the vehicle. If he cannot gain entry without damaging the vehicle, the officer leaves the vehicle locked and inventories visible properties, listing the properties on the Towing Service Record and in the body of his report. The vehicle is placed on the secure row, with the approval of a supervisor . . 13 RELOCATING IN LIEU OF IMPOUNDING A. B. C. D. E. A vehicle parked on a parade route or parked in such a manner that it hinders repair work by a Public Works crew is relocated, via city-owned or contract wrecker, if practical. If impractical the vehicle is impounded. Vehicles parked prior to placement of parking restrictions are not ticketed, but are relocated. Vehicles that park after an area is restricted are ticketed and relocated. They are only impounded if impractical to relocate. The officer writes on the Towing Service Record whether the vehicle was parked before or after the restrictions were put up. The vehicle is relocated in the immediate area and the officer notifies the Security Services Desk at Police Headquarters as to the new location of the vehicle. If the contract wrecker service is used, Uii:l:&!1.ifl:m /R§!@:#:\gr} ~W~~g#Jl::i~~rl];ro\ffuij:Jjgijijij determines if the "hourly towing rate" is utilized over the "set rate per relocation," and authorizes same. Usually the hourly rate is used during parades and situations where there are more than two vehicles to be relocated. 237 . 14 DISPOSITION OF VEHICLE A. An officer's report always gives the disposition of any vehicle impounded. B. The impounding of prisoners' vehicles, except for evidence processing, is designated to the Growdon Pound only. C. The officer impounding a vehicle or standing by for a wrecker remains at the location until the wrecker has hooked up and is under way, in order to prevent other persons from interfering with the impounding of the vehicle. D. When the operator of a vehicle is taken to the hospital because of injury or illness, an officer makes accommodations for protection of the person's vehicle from theft, damage, or vandalism. If the person is incapable of deciding the disposition of his vehicle, the officer impounds it. E. Vehicles with excessive or bulky property that cannot be placed in the Property Room are sent to the Growdon Pound only. Officers inventory all property being sent to the Growdon Pound, listing the property on the Towing Service Record and in the body of the officer's report. The vehicle is placed on the secure row, with the approval of a supervisor . . 15 INVENTORY OF IMPOUNDED VEHICLES A. B. C. An inventory is an administrative process by which items of property in an impounded vehicle are listed and secured. An inventory is a search designed to discover items of personal property, and to safeguard these items by taking them into police custody. This inventory procedure serves to protect an owner's property while it is in the custody of the police, to insure against claims of lost, stolen, or vandalized property. An officer inventories and places in the Police Property Room, any property in a vehicle to be impounded for any reason, except one impounded from a "7:00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m. Tow-Away Zone." 1. 2. If a vehicle to be impounded is locked, the officer makes a reasonable effort to gain entry to the vehicle without damaging the vehicle. If he cannot gain entry without damaging the vehicle, the officer leaves the vehicle locked and inventories visible properties, listing the properties on the Towing Service Record and in the body of his report. It is not necessary for an officer to inventory the property in a vehicle that is to be impounded for being parked in violation of a "7:00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m. Tow-Away Zone;" however, the officer places in the police property room any obviously valuable items that are in open view inside the vehicle. 3. The keys to impounded vehicles remain with the driver /owner of the vehicle or are placed in the Police Property Room; unless, the vehicle is damaged to the extent that the keys cannot be removed from the ignition. Disposition of the vehicles keys is noted in the text of the appropriate report. The examination of an impounded vehicle for the purposes of inventorying possible contents should be limited to places where a person ordinarily would store or leave items or personal property, such as: 1. The passenger compartment of the vehicle; 2. Under the hood; 3. Trunk (should the officer have the key to open it); and 4. Containers (whether open or closed). 238 • • • • r • l " ~ ~ - • .. , I ~ - :: ~ l ~ - ~ .., ~ .. - ~ - ~ ~ - J ~ l t 1 ., ~ · .., l I> t • I_, D. When an examination of a vehicle is made for the purpose of inventorying any possible contents, it sometimes happens that an officer also discovers articles which constitute evidence connected with the commission of a criminal offense. When an inventory is made in good faith, the discovery and seizure of such evidence is generally considered admissible in court . . 16 REPORTS REQUIRED UPON IMPOUNDING VEHICLES A. B. An Incident Report, S.A.P.D. Form No. 2, is completed when impounding a vehicle. The officer completes the form in its entirety for a vehicle impounded for any reason except for a violation of a "7:00 a.m. to 9:00 a.m. or 4:00 p.m to 6:00 p.m. Tow-Away Zone." 1. 2. The officer Includes sufficient Information In his report that shows the exact reason or justification for impounding the vehicle. The officer forwards a copy of the Incident Report to the Motor Vehicle Theft and Identification Unit. 3. Officers attach a copy of their Incident Report to the "Order of lmpoundment," when making return to the Director of the Municipal .Court or to the Municipal Court Magistrate, after successfully impounding a vehicle designated in the order. Such return is made immediately after completion of the impoundment. The officer impounding a vehicle is responsible for preparation of the Towing Service Record (f.S.R.), S.A.P.D. Form No. 7-7. The wrecker driver furnishes the blank forms for the officer to complete. The Towing Service Record consists of two copies. The officer completes each item except the name of the towing company, the wrecker driver's name, and the amount of any towing fee. In the remarks column of the T.S.R., the officer notes the following: 1. Authorization for any waiting time or labor time after the first fifteen (15) minutes, showing the starting and ending times of the labor or waiting charges; or 2. Hold for Municipal Court for any vehicle impounded pursuant to an Order of lmpoundment from Municipal Court. 239 • t • f .01 .02 .03 .04 .05 .. ~ - I INTRODUCTION This procedure establishes a systematic process for the documentation of recovered stolen vehicles, the expedient return of the vehicle to the rightful owner, evidence collection, and to ensure the cancellation of stolen vehicles in the local, state, and national computer system. POLICY Confirmation of stolen vehicle recoveries is vital to insure the vehicle is properly returned to the rightful owner. Therefore, it is the policy of the San Antonio Police Department to dispatch an officer to the location of the complainant and/or recovery to provide for this confirmation, when necessary. REPORTS A. Upon the recovery of a stolen vehicle, members obtain the original report information. B. Officers recoverlng stolen vehicles reported stolen under a S.A.P.D. case number, use the same case number for the cancellation report. The recovery is detailed on the Field Note Offense Continuation Report, S.A.P.D. Form No. 2-3. C. Officers recovering stolen vehicles, with or without an arrest, when reported stolen by an agency other than the San Antonio Police Department, request a S.A.P.D. case number to be assigned to the recovery. The recovery is detailed on the Field Note Offense Continuation Report, S.A.P.D. Form No. 2-3. No offense report is required. DISPOSITION OF VEHICLE A. An attempt to contact the vehicle's owner is made. The disposition of the vehicle complies with Procedure 605.00, "Impounding Vehicles." In all cases where the vehicle is released to the owner S.A.P.D. Form 113, "Property Receipt," is completed. B. When conditions permit, the vehicle is processed for fingerprints before it is impounded or released, in accordance with Procedure 701.05, "Crime Scene Duties." INFORMATION CHANNEL CANCELLATION A. The recovering officer notifies the Information Channel of the recovery and provides the information necessary to cancel the stolen vehicle in the N.C.I.C., T.C.I.C., and local computer systems. § /]ItIItifi~Jn!§rffim!Pfi: Jw,inhll);f:@~ffiw.m ' 11 r 1 : 1 I 1 1A111ar~111 r11,1 1 , 1~1~1111116111r !i!lilm 9 §fjg)§ i~ i !M?/ ~~~ @ % rnin1111111,1-11e,t!Wll~i!Rtllm 9 §t!il=itlij§iitj£l~ iP mgM§t§tY'.gQ1¢!~ TI\1ffl 241 g f:::1:i:i:1:i:1:1:1::::Je9:r!ns.:lmi: ~rmi::m,ttni: tmr,m1r.1::semam,r::1xm!ffiiJ«11 121nttn,::tnt~e::Efi1:tw.,rffiirm§m • j[~1[1]/1I@eel!fi9:ill§liB.lliji i!E2YfflliS[)/miwi~I tiiefiiEifflltE !ttB?ffiit: iiffl1el~fi.ni ~1 11rn1m1111r.i11r11111,11•a11rart.ia~~tillf.i ~Qffll§ m nrnn111mmnmmmmm ePWm: !nmrnm~u§ffl?:WIYt9Et!!Bm l9.tnti:::~mik~~Plw.1rmmm~K!¥mtmtffir !!W:9.!!!1]111ffllffl: ~ : n§!l:tt:::9oof t:::§ ~ ~~fM1@P:ffi¥:tliYl!ffl! i~! j{]l:IIIIin:l J.III!llif EUoottmwHl§Blitt: i.flimil:Kn§~l~ P. H:IHl~ §; J ~ P:~ ) f:@P9 1 ~{111EllttlfitimeftJlffllletffii:l !§@l!Uiffll]mffl~f1r.@18.Il:lillnt l:!,r!]fisf{ l!§!E !!Itt~ i 'it!lltTh 11 aw,•· 111 }1 111:.-1 1 .11,1 n mmi;rnl:fm'ltftl'1,lifllll ll(ll~lll.'III 242 • • • • • • • • • • • • • • • ~ · • .01 INTRODUCTION The purpose of this procedure is to establish guidelines which direct officers in situations necessitating the emergency operation of police vehicles . . 02 DEFINITIONS A. 11 City Vehicle" means any motor vehicle which is owned, leased, or borrowed by the City for use by a member. B. 11 Police Vehicle 11 means a City vehicle which is assigned to the San Antonio Police Department for use by its members. C. D. E. F. 11 Marked Police Vehicle 11 means a police vehicle distinct in appearance by the display of the emblem of the San Antonio Police Department, and equipped with an audible siren and exposed emergency lights. "Unmarked Poli~e Vehicle" means a police vehicle with no visible police emblems, emergency lights, or siren . 11 Emergency Operation 11 means the act of driving a police vehicle with the emergency lights and siren in operation, according to state law, in response to a "Code 2" or "Code 3 11 call or while in pursuit of a suspect who is fleeing in a vehicle. 11 Code 2 11 emergency call means a request for police service which presents a strong potential for personal injury to any person which may be prevented by a rapid police response, or where additional police manpower is necessary to contain an imminently dangerous situation. G. 11 Code 3" emergency call is a request for police service that presents an actual and immediate danger of death or serious bodily injury. H. I. 11 Pursuit" means an attempt by a police officer, while operating an emergency vehicle, to effect the apprehension and arrest of the occupant(s) of a vehicle who are knowingly evading arrest by maintaining or increasing the speed of a vehicle and by ignoring the police officer's direction to stop. "Paralleling 11 means the operation of police vehicles on streets parallel to the pursuit route. J. 11 Caravan 11 means the operation of police vehicles in a line or alongside each other in a pursuit situation. K. 11 Boxing-in" means the surrounding of a violator's vehicle with police vehicles which are then slowed to a stop, forcing the violator's vehicle to do likewise. @ Etlitl~~ffl:imrnID9:ll:m~~::P:m~e~r!t:ij{ !Bi~Bt]l!f~if: ii ffiB¥ms. :::¥~Smm1rr!? AAnm!t]~t@Jff~kP.9.!ffi~Hiijftj¢1ij: :J§t YJ!/pytpq~} pf : J9tsID.tlJt@f :Y!R~it.9G!\ Yw.Jffi!!/ 9.tt]n!:tt~9~¥~ M. N. "Roadblock'' means a barricade or other physical obstruction across a roadway set up to stop or prevent the escape of a fleeing vehicle. "Primary vehicle 11 means the police vehicle operated by the officer initiating a pursuit, or another police vehicle which subsequently takes the lead vehicle position. 243 0. "Secondary Vehicle" means a police vehicle which becomes involved in a pursuit and immediately follows the primary vehicle, acting as a back-up for the primary vehicle. P. "Abandon Pursuit" means the voluntary withdrawal from a pursuit, by the primary or secondary vehicle, because of mechanical impairment to the police vehicle, or in accordance with prescribed procedures. Q. ''Terminate Pursuit" means, based on the hazardous circumstances as evaluated by the officer in the primary unit or the managing supervisor, all officers discontinue pursuing a fleeing vehicle. m 111i1;11rmmmi!itf : BHP:9:mffi§rtm.~rm: :jni l!:iHP:9:mli 2r ]t~nif:t§ ::F.P.mt2t: 1nJnH!WHH!IJi9:r*'µij::\W!H!t!en~t : ~~tltit:f:P!§BY!§'=S!U?flM!HEH::~PI~fflEtMtl]!P:i§Q§)INP] 1JHs\ ~flsffl.~JjQf!\: 9ff:sMsflssN§)f¥§ft!i&E§ A. The San Antonio Police Department places the highest value on the lives and safety of its officers and the public at large. The department also recognizes its responsibility to apprehend criminals and to respond in an expedient manner to requests for immediate assistance to save a life or to prevent a victim from sustaining serious injury. C. \ U IEII:1:KUrrm::@f:Jli( lm{t: ffiv :::§f : i~Kf:m.@m~: Jffii:::er:Ji!int~H i2~igjyf )igm,gijx,H et:: W~8i:mt.] ? (t:tIIEH4itiffng[ippijgm§mm:::i9=in:::iiHl~rimdmhl::i!tt: imr~wii]ffihl~ i~IllliiYf.mJm~E§!]ffiffi,9?::~ffil!fi} ij9.9.tioo@ffli.rt rEil:JIEif YPiH~I r§!w#Jy {\jyifiiil ];t!wslf! lmffi~i[§r:JlifiWiiftlf lg!nfw.WJ}Q§Jn!,tfll~rf:@Mtw.:~l} ? ~tf t:::E:l:&:9!9ij!§!f : §tl!tm:::t§igSfti.if : IY.ooiii::!Of.( : ima ooWfflE @r:::9.@Y!~ a {EEEI:f : )?f:Jmmoo::EQOO:tt!§nlff ii2fl:::@l\::§lmtJ~yl~lf f :tffin{:Pf::ffi ? ~EI:I: E:I:Ser@mm.i:§f ]tfflU:gj9.!]fflP!SII i.n@:::§4~it !hinl§@.li:jng l/:llI:lllRiti: J#:! 1 : ~§qtm :::~9.iJ12!t!gti~@1i:::iJP.:i:E!fiil &in1§w J: Vehicle pursuits involve a unique set of circumstances and create a high risk for the officers involved, as well as citizens within the vicinity of the pursuit. All officers must understand there is a point at which the risks outweigh the benefits of apprehending the suspect. With this in mind, the pursuing officer(s) and the supervisor in charge of monitoring the pursuit have the responsibility to discontinue the pursuit when, in their judgment, training, and experience, the risk exceeds the ~~;I ;i;;§;!;: F , IBliif lllffl!Mijffi@J!:@r@u9tti; m ;;w iittmwMn W!)ffi, E~ 244 • • • � ., • , • • • • • • ~ · .04 ~ - D. E. m @IU1fili1(illlf If r11111111111Jh,11iQi~t 9 PH®Ml!!fflifi\i~l !?ie!!I J MEIEilJtmvtt l]iffi~9~ij\ t@~ffi!:]~itl!ntJttm 1 m :11: Jn~:::1~s~Hit@m1§!{:i { ~P~mn~1 l\llijlillil'.lilllli l~l~l(fli!t\i!i'l!!@m;Ytii !!t!llt§H!!Riffi!li § @!iWMfi11,,,~111~1a~;r~~111 111r,,~111111ri a@&OO&l ffil §ll@! The Texas Uniform Traffic Act (6701d, Section 24) outlines the authority of officers operating emergency vehicles and clearfy states that ''these provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall provisions protect the driver from the consequences of his reckless disregard for the safety of others." State law requires that all vehicles making emergency runs must use audible signals, providing the driver of an authorized emergency vehicle that is used for law enforcement purposes may operate without using the emergency warning devices required when the driver is responding to an emergency call, or when he is in pursuit of a suspected violator of the law and he has probable cause to believe that: 1. 2. 3. 4. Knowledge of his presence may cause the suspect to destroy or lose evidence of a suspected felony; Knowledge of his presence may cause the subject to cease a suspected continuing felony before the driver has acquired sufficient evidence to establish grounds for arrest; Knowledge of his presence may cause the suspect to evade apprehension or identification of the suspect or his vehicle; or Traffic conditions on a multilaned roadway are such that movements of motorists in response to the emergency warning devices increases the potential for a collision or unreasonably extends the duration of the pursuit. POLICY A. All emergency vehicle operations shall be conducted in strict accordance with existing statutes and departmental procedures. B. Officers in the emergency operation of police vehicles shall exercise due regard for the safety of all persons, constantly aware that no assignment shall be of such importance, and no task shall be expedited with such emphasis, that the basic principles of safety are jeopardized. C. Officers engage in a vehicular pursuit of a suspect only when the benefit of the apprehension of the i'.iiiii~ij~~~~;1Ym, ~illifi(if ~iiYand/or the general public ijfiiAi !ll(~¢¢9!g!%Wfflj D. The use of firearms, ramming, boxing-in, roadblocks, and driving alongside a pursued vehicle are strongly discouraged. These tactics are extremely hazardous and should only be considered as a last resort. F. Officers are held strictly accountable for the consequences of reckless disregard for the safety of others and violations of this procedure. 245 .05 RESTRICTIONS A Officers do not operate police vehicles as an emergency vehicle when transporting prisoners, witnesses, suspects, complainants, or any person who Is not a member of the department or who has not signed an •Authorization to Travel in a Police Vehicle: S.A.P.D. Form No. 166. B. Only marked police vehicles with functioning visual and audible emergency devices are operated as emergency vehicles. C. Officers operating an unmarked police vehicle will not operate the vehicle as an emergency vehicle. In those situations, where death or serious bodily injury is imminent, an officer operating an unmarked police vehicle must act, the officer may respond or attempt to follow a fleeing suspect, while adhering to all traffic laws. f MJltl:II@!!~m!iifim[J i§t:!ifigi§JH o } Pli~UiHoo.~ § /!IHTI!iifljf 111-,1i llllW§i11f i[\!§ii!l i!~!l§!!J IP!l~Pr OOii~!iiiiRl!i!!Wlfi~~ll!l .06 RESPONSE TO EMERGENCY CALLS A. The Communications Unit is assigned the responsibility for the classification of calls and call assignment in Procedure 403.00, "Communications.• Officers are dispatched to code two and code three calls in accordance with that procedure. The operation of police vehicles in response to code two and code three calls are governed by this procedure. B. Officers dispatched to a code two emergency call may operate marked police vehicles as · an emergency vehicle providing the following conditions are adhered to: 1. The emergency lights must be activated; 2. The siren must be operated in accordance with existing statutes; 3. The posted speed limit may be exceeded by no more than ten (1 O) miles per hour; and 4. The officer must exercise due regard for the safety of all persons. C. Officers dispatched to a code three emergency call may operate marked police vehicles as an emergency vehicle providing the following conditions are adhered to: 1. The emergency lights must be activated; 2. The siren must be operated in accordance with existing statutes; and 3. The officer must exercise due regard for the safety of all persons. 246 • • • t · :. ~ - C ~ ' � ~ - ' l,) .... .. ... ~ - ~ . ,. .07 PURSUIT PROCEDURES A. B. C. D. The following restrictions apply to all pursuits and are in addition to those restrictions outlined in Section .05 of this procedure: 1. Only ~rk~ police vehicles with operable emergency equipment activated may engage in the vehicuiar pursuit of a fleeing suspect; 2. Marked police vehicles without roof mounted emergency lights (slick tops) abandon a pursuit when a marked police vehicle with roof mounted emergency lights enters the pursuit; 3. Two-wheeled police motorcycles abandon a pursuit when a marked four-wheeled police vehicle enters the pursuit; and 4. Upon termination of a pursuit by the officer in the primary vehicle or the managing supervisor, all officers shall discontinue the pursuit of the suspect. The police helicopter responds, when available, to i:mPYriyijj occurring during the operational hours of the Helicopter Unit, weather conditions permitt1ng:·· .. ··· ···· .. ·· Primary Vehicle: 1. From the point at which a pursuit is initiated, until its termination, the police vehicle's emergency warning devices (lights and siren) shall be activated and operating. 2. The officer initiating the pursuit immediately notifies the dispatcher of his location, direction of travel, speed, reason for the pursuit, the presence of other law enforcement agencies, the description of the vehicle being pursued, and the number of occupants. ~ i!H!MlHll:lll!filll l\111111111 111111111 111111111 i1Etl lllidll !lllll,f lllllllll llllg\11111I II !Ii 1lKH1f ; rlll#ffi§f¥!1!!9IT!9i ~H!!!li'.!1 iwm9ifI !!ln9tf!is~? l9f~ll¥fw!~!!H ffi£ R!'!m9~ 5. The officer provides updated information regarding his direction of travel, speed, and other pertinent details. Radio transmissions are kept as short as possible to allow communication between the dispatcher, managing supervisor, and assisting officers . Secondary Vehicle: 1. 2. The first officer arriving to assist the primary vehicle will notify the dispatcher and become ;ii~~:u1~1;; ilillBl~llillll!~/!!!~f! 2 ~~i ~!!Feij!~!~!t distance, and assumes the radio communication responsibilities for the primary vehicle. The secondary vehicle will not pass or attempt to pass the primary vehicle, unless the primary vehicle abandons the pursuit. 247 4. The officer in the secondary vehicle assists in the arrest of the suspect. E. Pursuit Management F. 1. A Patrol Division supervisor or Shift Commander, assigned to the service area which originated the pursuit, is assigned by the dispatcher to ¢96.t.fQl each vehicular pursuit. This supervisor shall hereafter be referred to as the managing ··supervisor. ilI]Jl1Etni/ m~§!ijg} §Y.P!rt!~:Ji::Jij~p99J!i!t: m~m: tf tt:::1:::::1:::srn9r!:ns]njt Jmi!m2e~ir:: Mnlt:1 ::1v1~1i.W:!t J1:::r@t!n#:q; ;t ::it:i:::1:~l!Hnng: JnimpgJ~::xirnm~~::1ew.9ijitJtmtf ijr.~gim9.Jn::egr~H!ttt1rtJ1miijx9Nit~ g f t1t1::1:g~9t1ns.:::1m: etE~2tffiI2f lntt:::etR9:~ir irnt1t: !Pm~~:::1:2~ g f 1:1::::11:P!ri§9:r.rJJ:Jtffit@.st 1 si:::m : :im!: li.µrn9ij; 1 ri:::1: :::::tig§nM.~rillY::1Rm~t!ntf ]mi:::oor#:4ij;tin2 1™~::::1: :Jiy: ~:::1i :::in:::emijrI ™1tt : mijt ij!ioot shir::ib:imi~~l]IJJ?:r~: irlJ£(: 1ir1~ntm !fi¥9Nif411I :•:•:-:- :- :- :-:-:-:- :-:- :- :-:•:-:- :-:- :- :- :-:-:-:- : -:-: ~ 1i1:1I1::Tn!I~iY~ffi¥B?f]niI P:ffm!iii ; ~:111::::::::::1tv~:::n9:m§lr:J4fi2sgµ~m.1: Jtt : itwtiY~st: &oo~F:t~~::::1wJ s rn:1::::::1:::1mn!ml~!m200:::@i Jn~:::~~~mi: JJi~rn.r Jirrn~s ~ 11 11 i&t1111111111111111~i11,111ti1r111 111 5. Additional officers may be assigned to assist with traffic control, accident investigation, foot pursuit, and/ or perimeter security at the scene of termination. Communications Supervisor's Duties include: 1. Immediately upon learning of a vehicular pursuit, the communications supervisor ensures the handling dispatcher assigns a managing supervisor and secondary vehicle to the case record of the pursuit, recording the identity of other officers assigned to the pursuit; 248 • • • r I ~ I r e • ., ' [·• . • ~ ' 3 . 4. The communications supervisor may assign a radio frequency specifically for the use of the officers involved in a pursuit; and The communications supervisor will apprise the managing supervisor of any identified traffic problems relative to the pursuit, and assist with maintaining a log of officers assigned to the pursuit . eF\FIIlIR~mms.Vifl§jgffl§~f lM@]Jjf} §Cfilrtltmi ! MHHHf-1111\llillllit&llllill lll&Ti~-[~IYdBIIII ffljj~g~y: :f9t9@\:1' ............... . . ............ ....... ........ ... ... . ... ........ ...... . .................. ... .... .. ............ .... .. .... ... ... .... ...... . . ... ........ ............. .... .. g;; ;rn:;rnr~1,1111t1~ ~-l!l!i\ WflJ jj!ffl\ll!NJ!l'ill fflP!l9~l9\il§f1 !,l t&imffli !§ftli/li!~Iffifl~ i @@rn!1111,11111111111E111111trarj111r,~1111 11 Mif@illllil ,~J®§!\ ~Bffi!!:tijlt!l ffi©fiY@t!!Rfttll!lm!tit \¥!tlP\¥§§9!Yffllls g (:f [Il\1::U : JII imnm~;gq]J>.Utwi mit@ijf:rjgi\iiYOO~rt:ioo g f EIE:1:Itt]!:i:iRPWJ!mt: Jnlt]nr@~ffl{ flrffimj:\:l§i"g\:\inmJJ~(\wjgitjgijrit,~ : ~ f/IiI:IiEl]Pi.9§:l§gijf i ifitl20:iP-1i @ri:r2HmtMJii\iiffim§Ylt@n!>.{\ ~: J,Ji.it:irl~§ftM IIE:IIIE?trn~t(Jnij/9ft1Qi]ttf:9~ylg[ ]g! Jlji[ Jiit~HWHffli]riji.!2D!Rl~: }iUm:::!D.ltJII ~@: ifimnit t.ffifmiI W!!Uoot@i:ir@~:J?.99WWJnJP.t¥\\@fJ J : fijt.WJUlµgffgg~j(f@j¢@} tl} Hf#.! J!ijijqffgt p (]\\\\\ ]\\\\\\l\fflf :i§itiHiti ~~P:ttH1li: @P.P.1ttHm¥H\]m§nY\ Wn~etttfijµ~gg]rj \\m#:t!§ffitJi§q!f:Y]vJµ@ 9t\ J1~9.JK! !oo g f]IIt:1:l]\]ii imnm!#:~I P>.f {tw:::mlt@gtrjg{~Btl g fIE:Il:1Jt]l:\:@PPf¥iffif: ID.lt]nft§~m:::~rffim!:::W§\~ H!tl@M§ijiwii*'nij~r~~ g~ttt:t:t::9n!ii:Jv1.t1ooa12!i!ti xinffi!~iiw~ttt2i!]neHnr~:::~nmr{mmsi.mmrm::1irnm12; M II:1:I:I::::me:::~r¥:m:\:\fw.R!'=D:~:\i~nJ::~~Mtl!!G~i::im~~gfimt::ij~!:\tffiUJ ?Ei!:te~gp(gq~~~:iAn9 QiflH!@lli i''~'~ lil&11111llllli;IL111l i11 11:IEIIIIBfrijlli~l~fll@tliln@li J#.li:W:Ut§OOJ Jdn§y!wJ) ilng!jW ~~m; 1,lil@HiHl!IIBllllll! lllillt §ffis!ml'9iii/JR!~f iilff9ffii*!!E \ffimi!eifil~!ffil~l §l R tmrnmr11~1111111 9!J ij@I lffl@100l ~004!1 !ii;J f,@il\:l8f~\ !§~~~@!l!i t!m\ '§!ffllffli@!f tllil@Hlllllllliiilliilll llilt 11 249 H. Pursuit Into Another Jurisdiction 1. Officers engaged in a fresh pursuit situation may pursue and arrest the offender beyond the officer's customary jurisdiction. 2. Pursuit of a Misdemeanor Offender: a. When entry into another jurisdiction is imminent, the secondary officer shall notify the dispatcher of such. b. The dispatcher,][l!l H-01]§!ritt2rtI §1J ffi!Ilfii.nimmi[]ijµP!lli§f, will advise the appropriate law enforcement agency of the vehicle description and the circumstances of the pursuit. PW:1.l memt~@niiUiPf€!mU tll~Illll:!llll:!l!l!lmifflHei!:!ffillltfgµlfiUB?:t {%l~l!llII1lNP::i.Bl~H:~tli9!ti!ffllll@ffi\ll 1§@]P!~~~!gij )l:ffi[ :fpr:lf:~m]nmtml!lefi~[ c. The pursuit will termirtate at the county line, except when a continued pursuit is explicitly authorized by the managing supervisor. 3. Pursuit of a Felony Offender a. When entry into another jurisdiction is imminent, the secondary officer shall notify the dispatcher of such. b. The dispatcher,]:l!E m1E s!rillie.E m ] Jtmtlminisloo.tl!IOOB!!Pf, will advise the appropriate law enforcement agency of the vehicle description and the circumstances of the pursuit. RHPP.l )12tmgo:iijoo!tl iPf€!f:lm Jll l ~lil:l:l:l:Il!l:lm!~ffleS!:l:ffi l:tt§yl{iq~l:lm {t)EllEtINttl i.,iw.ifi~H!f ti§{ii:iiffl: ]~fmt:1§@]19P.fl~@tt: ffiffpfl !mm]nmtmllfefi~: c. In cases where the offender is apprehended in another jurisdiction, the dispatcher shall request an officer from that jurisdiction to respond to the scene. The arresting officer must wait for the arrival of the officer from that jurisdiction to arrive. 4. In all pursuits which end in the apprehension of the offender outside of Bexar County, the offender is taken, without unnecessary delay, before a magistrate of the county in which the arrest is made. I. Pursuit Into San Antonio From Other Jurisdictions ! 1 /lllllff:P.!I ~Ynl~!§.!il! J4nltM !:ti§P:§rn'-ffll!!mN m 11:mirn111liill1lllll'.lll~gi11~1•1g1na~M1tI!ffl m ttm@m ,llillf ilf ll~?™12t1 t9J m9'liffiitP~mn!m!!i1 RffiPG@ 1 1mffl!1t 250 • 1 .1 • IJ,. ~ - • ... [ .08 m tEIIE:Iwtiff :!P!J!l!nl:il~P!WliifiooW:!i i!/:t!:imi_,1!llll!IIIII @Th! RPl!g@( ~fi!§!~ !ffiffijffi@j~§t9ili!!Q!m§Yt!ffti!W £ Jj 9.~ltltlIBffl!wtffit:J,1mimtf:N Qmlti: ! ::IY.iUIPl@l!§/t~gf:100: P flil\lI~m!nfI ! l:ii!!lffioo~M !l l:~g4Wiftf§91§li&tJ!Y: )NfJnmtt!mtt: m~mt!mt: P:t:I §./tlttIJJ.fllMN!i~J~tlii!tm®:~l:ltmt~ J ~-tit:J1rnl§Y.!rf#!~! % t!l\\\1iilil•s,r11111 1Bt"11ta1111, litit\%tltr aire.11111•11twarur, '#@~l!!i¥~ 11 a~«Rffitfflffl e m@rllimrai11111ij1r,,1 11111 111 ra1"111 1 1991 ~~ , 1rnrnrnmll! ll.fil.lWlllllll1 1}1~tlili Required Reports A. The following required written reports are prepared and submitted in accordance with Procedures 401.00, "Offense Report," and 402.00, "Incident Report." B. The written reports outlined below are mandatory in all pursuit situations, regardless of whether the pursuit was terminated, abandoned, or whether the offender was apprehended. C. Primary Vehicle report responsibilities include: 1. 2. An officer engaged in a pursuit as a primary vehicle submits a written report. This report must contain at least the following information: a. A brief description of the reason or probable cause for engaging in the pursuit; b. C. d. e. f. g. h. i. A description of the pursued vehicle; The location where the officer engaged in the pursuit; The route of the pursuit; A description of the occupant(s), or the identity, if apprehended, of the occupant(s) of the fleeing vehicle; An account of the violations committed by the offender during the pursuit; A summary of the tactics employed to-- apprehend the offender; If the officer abandoned the pursuit, a statement of the point of abandonment, or if the officer terminated the pursuit, a statement of the point of termination; and If the offender is apprehended, an account of his involvement in the arrest. 251 D. Secondary Vehicle report responsibilities include: 1. An officer engaged in a pursuit as a secondary vehicle submits a written report detailing his Involvement in the pursuit. 2. This report shall include at least the following information: a. The location where the officer engaged In the pursuit; b. A summary of the tactics employed to apprehend the offender; c. If the officer abandoned the pursuit, a statement of the point of abandonment; or if the officer terminated the pursuit, a statement of the point of termination; and d. If the offender is apprehended, an account of his involvement in the arrest. E. Other officers' report responsibilities Include: F. 1. An officer assisting in a pursuit, other than a primary or secondary vehicle, submits a written report. 2. This report must contain at least the following information: a. His assigned duties in relation to the pursuit; b. A summary of the tactics he utilized relative to his assigned duties; and c. If the offender is apprehended, an account of his involvement in the arrest. Managing Supervisor report responsibilities include: 1. The managing supervisor submits a written report. 2. This report must contain the following information: a. The identity of all officers involved in the pursuit and their assignments relative to the pursuit; b. A summary of any accidents and/or other incidents arising from or - related to the pursuit; and c. If he terminates the pursuit, a statement of the location and time the pursuit was ordered terminated. 3. The managing supervisor may need to converse with the communications supervisor in the compilation of his report and prior to his evaluation of the pursuit. 4. The managing supervisor collects copies of the required reports from all officers involved in the pursuit, reviewing each report to ensure the required information is contained. 5. The managing supervisor conducts an analysis of the pursuit and completes the appropriate section of the •Pursuit Evaluation Report,· S.A.P.D. Form No. 103 . . 6. The managing supervisor attaches copies of the officers' reports, including his report, to the •Pursuit Evaluation Report,• and forwards such to his Shift Commander. 252 • • • • • • l l G. Shift Commander H. I. J. 1. The Shift Commander reviews all submitted reports. 2. 3. The Shift Commander conducts an evaluation of the pursuit, directing any questions to the managing supervisor. This evaluation is directed towards identifying violations of policies and procedures and any needed corrective or disciplinary action. The Shift Commander completes the appropriate section of the "Pursuit Evaluation ReportN and forwards it, along with the attached reports, to his Service Area Commander. Service Area Commander 1. 2. 3. The Service Area Commander reviews all submitted reports. The Service Area Commander conducts an evaluation of the pursuit, directing any questions to the Shift Commander. This evaluation is directed towards identifying violations of policies and procedures and any needed corrective or disciplinary action. The Service Area Commander completes the appropriate section of the "Pursuit Evaluation Report" and forwards it, along with the attached reports, to his Division Commander. Division Commander 1. The Division Commander reviews all submitted reports. 2. The Division Commander shall conduct an evaluation of the pursuit, directing any questions to the Service Area Commander. This evaluation is directed towards identifying violations of policies and procedures and any needed corrective or disciplinary action. 3. The Division Commander completes the appropriate section of the "Pursuit Evaluation ReportN and forwards all cases to the Internal Affairs Section. Internal Affairs Section 1. 2. In those cases where there is a recommendation for disciplinary action, the Internal Affairs Section initiates a Formal Complaint. The action that follows adheres to the process outlined in Procedure 303.00, "Disciplinary Procedures;" and Maintains a complete and current file of all pursuit evaluation reports. 253 • .01 .02 .03 .04 _ _, [ INTRODUCTION The purpose of this procedure is to establish guidelines for the investigation and reporting of missing person incidents. POLICY The San Antonio Police Department investigates all reports of persons who are missing in, who were last seen in, or who are believed to be in the City of San Antonio. The department's responsibilities include investigations into possible violations of the Texas Penal Code and the Texas Family Code. The department also assists citizens in attempting to locate persons who are not missing but who may be temporarily lost (i.e., motorists from out of town who are following each other and who become lost due to heavy traffic conditions). DEFINITIONS A. B. C. "Missing Person" means any individual whose whereabouts is unknown and about whom a relative or responsible person requests a police investigation. "Lost Persons" means those persons that are temporarily separated from their party or relatives. REPORTS B. Missing person reports are taken immediately; no time lapse or arbitrary waiting period is required before reporting an individual missing. C. A missing person report is not taken if a person did not become missing in, nor was last seen in, the City of San Antonio. The question of jurisdiction is resolved at a later time. D. Missing person reports can be made by the following methods. E. 1. A complaint may be filed in person in the Youth Services Unit or in the field with a uniformed patrol officer; or 2. A complaint may be filed by phone with a missing person investigator or with a police expediter; and 3. All missing person complaints involving a child ten (10) years of age or younger, or an elder1y or confused adult are taken by a uniformed officer in the field. The officer assigned to the call notifies a supervisory officer concerning the situation, as a search of the area may be necessary. The investigating officer determines, based upon the facts of a case, if reported missing juveniles'or adults' names and descriptions should be run on the daily bulletin. The assignment numbers appear with the information. 255 F. A. When attempting to · locate lost persons, the officer(s) assigned to the call assists the reporting person(s) in locating the person who is lost. Should it become apparent that the person cannot be located without further assistance, the officer notifies a supervisory officer concerning the situation, as a more detailed search of the area may be necessary. The supervisory officer makes a decision regarding any further disposition of the case. The officer assigned submits the appropriate reports. Should the person be located without a full search of an area, then a missing person report is not necessary. Missing juveniles, elderty persons, and persons whose disappearance may include foul play are entered into the local, state (T.C.I.C.), and national (N.C.I.C.) computer systems. 1. Adult missing person reports are canceled when the reporting person requests the cancellation, or when the missing person is located by another jurisdiction, and notification of the location Is forwarded to the San Antonio Police Department. 2. If the missing person is arrested, the missing person report is canceled. C. When a missing San Antonio State Hospital patient is located, the officer notifies San Antonio State Hospital Personnel of the patient's location, providing the patient is not a danger to himself or ffiiiilBllllilf lil1•T!fi1!Rtt~f §lffllm'ff§n!PI~m1 aPiP1tm11Irmml!f#J .06 MISSING PERSON INVESTIGATIONS A. The complainant, who reported a person missing, is contacted by a missing person investigator within twenty-four (24) hours from the time the report was taken. B. The Youth Services Unit receives all incoming information on missing persons, as well as requests for information on missing persons who are thought to be in the City of San Antonio. C. The Youth Services Unit notifies the dispatcher's office when a missing person is thought to be at a known location. The dispatcher assigns an officer to investigate further. The findings are reported to the Youth Services Unit by the dispatcher or by the routing of a copy of the appropriate report. 256 • • • • • • r • • .01 .02 .03 INTRODUCTION A. Police officers routinely encounter situations Involving persons exhibiting unusual behavioral characteristics, ranging from passive to violent, and must recognize symptoms which may indicate the existence of a mental health problem in that individual. B Upon recognition of a mentally disturbed person, the officers responsibilities include: maintaining a high degree of caution in dealing with the potentially spontaneous nature of mental disturbance, protecting the general public from the actions of the individual, protecting the individual from his/her own actions, and providing the most effective remedy available at the time. C. This procedure is intended to assist the officer in the recognition, resolution, and disposition of mentally disturbed persons. INITIAL RESPONSE A. Officers dispatched to the scene of any situation involving mental disturbance receive the benefit of at least one ~over officer, and shou!d be prepared to take the appropriate tactical measures to protect themselves and others . B. Upon arrival at the scene, officers approach mentally disturbed persons with caution and close observation, in an unhurried, deliberate, calm, and friendly manner, which is maintained throughout the incident. C . Circumstances permitting, the officer takes time to effectively evaluate the situation prior to taking any action. D. A visual search of the individual and immediately surrounding area is conducted to insure the absence of any potential weapons. Searching the individual's person may be necessary to satisfy safety requirements. E. The mentally disturbed individual should be guided to a safe and quiet area, if possible, which is away from other persons or anything which may further incite the situation. RECOGNITION OF MENTAL DISTURBANCES A. Police officers must understand that mental disturbance is an illness requmng professional assistance, and that their actions effect not only the immediate behavior of a mentally disturbed person, but their long-term recovery as well. B. Officers resolving situations involving mentally disturbed persons rely on close visual observation; interviews of the disturbed individual, relatives, friends, neighbors, or others associated with the situation; other available information sources, and personal experience and judgement; in order to determine the best course of action. C. Following are some of the symptoms commonly associated with mental disease: 1. 2. Drastic mood swings or behavioral changes; Loss of memory; 3. Thoughts of being plotted against, or delusions of grandeur; 257 4. Speaks to himself, hears voices, sees visions, or smells strange odors; 5. Thinks people are watching or talking to him; 6. Claims of unlikely body ailments; 7. Exhibits an extreme degree of panic or fright; 8. Behaves in a way dangerous to himself or others (le., hostile: suicidal, etc.); 9. Unusual dress or attire; or 1 o. Poor personal hygiene or appearance . . 04 COURSES OF ACTION A. B. D. In evaluating the emotionally disturbed person, the situation, and it's options; officers are aware that they have three legal options: 1 . 11r1mtmm1 )tni~ffi?:tt12mt•i 2. Booking directly into jail; or 3. Referral for further mental health care. W.iff.ffltffli.li]jijjffi:gffijjy admissions: Police officers have the authority to take a person immediately 1ni6"·cu·sfrxhdor·the·purpose of obtaining an evaluation of the emotional and mental status and the need for involuntary hospitalization. In order to follow this course of action the officer must: 1. Believe that the person is seriously mentally ill; and 2. Believe that the person poses an immediate threat to themselves or to others. a. The reasons the officer believes the person is emotionally or mentally disturbed; and b. The reasons the officer believes the person is an immediate threat. lfiJ!dffMIIBllllllllll:11111111111!@!1! ffiiNfflJ:llJ. ~~li!tii 258 • • • ., l .J ) ., • · 1 .1 • • ~ - ~ ~ • l,i ~ - • .,, t " l· ~ [ • t l l· l I t • I t ~ . • ~ l• f ~ .., l · I , ~ D. E. F. Persons not fitting the criteria for Warrantless emergency admission, although they exhibit mental or emotional disturbance, who have committed an offense, are placed under arrest and booked in jail. 1. The officer immediately notifies jail personnel of suspected mental or emotional disturbance for safety reasons; and 2. Makes a notation on the booking slip to •Hold for evaluation•. Persons who have not committed an offense, do not fit the criteria for warrantless emergency admission, and exhibit mental or emotional disturbance are referred to an appropriate source for treatment. Family members or persons concerned over the mental or emotional health of an individual can be referred to the Mental Health Office at the Bexar County Courthouse . 259 l ._) .. • ~ · • • • • r .01 INTRODUCTION A. A Noise Enforcement Unit has been established In the City's Code Compliance Department. Staffed by sworn peace officers, this office has the primary responsibility for the enforcement of those noise nuisances addressed by City Ordinance #62550. This ordinance provides for fines of up to one thousand ($1,000) dollars upon conviction of any violation designated therein, and is based upon decibel scales developed through national surveys of urban environments (commercial and residential). The following procedure Is provided for field officers encountering extremely excessive noise sources, or repeated complaints to the same location . . 02 NOISE ENFORCEMENT OFFICERS A. B. Noise Enforcement Officers are bonafide peace officers and, as such: 1. Are distinguished by a dis~inct uniform; 2. Carry sidearms while on duty; 3. Drive distinctively marked city vehicles; 4. Are equipped with sophisticated sound measuring instruments which provide a printed decibel readout;· and 5. Have direct enforcement and reporting authority involving noise nuisances. Noise Enforcement Officer duties include: 1. Availability for general response to calls (including complaints directly received by the Noise Enforcement Office), Wednesday through Sunday, from 1945 hours through 0300 hours; 2. Monitoring the police radio channel covering the area of their current activity, using call numbers 9730 and 9731 ; 3. Responding to locations of noise complaints previously handled by patrol officers; 4. Evaluating the type of nuisance, proper applicability of ordinance, and measuring the decibel level as necessary; 5. Issuing written citations to violators; and 6. Requesting back-up or assistance from patrol officers in the event of continued non compliance, threatening action, or potential arrest. 261 .03 SAN ANTONIO POLICE OFFICER RESPONSE A. Officers dispatched on noise complaints contact the complainant, if available, determine the source of the noise, and attempt to resolve the problem with a verbal warning. B. Should a return call be dispatched to a location, the officer assigned requests the dispatcher initiate an "all channel" broadcast to summon a Noise Enforcement Officer to respond. C. In the case of no response or availability of a Noise Enforcement Officer, the officer handles the call appropriately. D. If the potential for a disturbance or threat exists, an officer may either remain or be requested to return to the scene by the Noise Enforcement Officer upon his arrival. E. Incident reports are generated in all cases where a Noise Enforcement Officer is requested with a copy routed to the Noise Enforcement Unit. 262 .1 1 l - ~ 1 • • • • .. f-- .. • • ' r • ~ - • .01 INTRODUCTION A. 8. This procedure provides direction for the carrying of weapons by sworn members while within the passenger boarding area of the San Antonio International Airport and on commercial aircraft as a passenger. This procedure Is predicated by existing Federal Aviation Administration regulations. Sworn members are subject to those penalties prescribed by the F.A.A. for violations of these regulations . . 02 CARRYING WEAPONS WITHIN THE PASSENGER BOARDING (SECURE) AREA A. 8. Sworn members, on duty or off duty, in uniform or plain clothes, who are not boarding a commercial aircraft as a passenger and desire to enter the passenger boarding area at the San Antonio International Airport must: 1. Proceed around the metal detectors; 2. Immediately contact the security agent assigned to the checkpoint; 3. Present their San Antonio Police Department Photo Identification to the security agent; and 4. Sign in on the appropriate register. The sworn member must sign out, with the security agent, upon exiting the passenger boarding area . .03 CARRYING WEAPONS AS A PASSENGER, NOT ESCORTING A PRISONER, ON A COMMERCIAL AIRCRAFT A. Sworn members who are not transporting a prisoner are not allowed to carry any weapon on or about their person while on a commercial aircraft. This is applicable regardless of the duty status or dress of the sworn member. 8. Sworn members who desire to transport a weapon on a commercial aircraft must, prior to entering the passenger boarding area: 1. Place the weapon, unloaded, in a locked case; 2. Present the case to the airline agent at the ticket counter; 3. Advise the airline agent that the case contains an unloaded weapon; and 4. Complete the necessary forms. C. Upon arrival at the destination, the sworn member reclaims the weapon through the normal baggage process. 263 . 04 CARRYING WEAPONS AS A PASSENGER, ESCORTING A PRISONER, ON A COMMERCIAL AIRCRAFT A. Sworn members who are assigned to transport a prisoner on a commercial aircraft must, in making the travel arrangements: 1. Advise the airtine, at the time of ticket purchase, that you are transporting a prisoner and will be carrying a weapon; 2. Obtain a letter from the Office of the Chief of Police: a. This letter must be addressed to the airtine; b. Name the officer; and c. State the city of departure and destination. 3. Present this letter to the airtine passenger service agent prior to entering the passenger boarding area at the airport; and 4. Comply with the directions and instructions of the passenger service agent. B. This process must be followed at each location during the trip. This includes every time the sworn member changes planes. 264 • • • ! · • .01 .. ~ .. .02 .03 ~ • [ . ~ - • " INTRODUCTION A. Airport Police Officers and Park Rangers, in accordance with Article 2.12 of the Texas Code of Criminal Procedure, are duly appointed Peace Officers of the State of Texas, and have the authority to preserve the peace within their jurisdiction. B. The Airport Police (a Section of the City's Department of Aviation) and the Park Rangers (a Section of the City's Department of Parks and Recreation) serve as supplemental forces to handle specific, nonemergency matters on Airport Property and in City Parks. JURISDICTION A. B. Airport Police Officers confine their primary enforcement activities to property under the control of the Department of Aviation, except under emergency circumstances. Park Rangers confine their primary enforcement activities to designated parklands of the City, except under emergency circumstances. RESPONSIBILITIES A. B. Airport Police Officers have the authority to take initial enforcement action on any violation of the law coming to their attention, and have field Investigative responsibilities that are limited to the following incidents or offenses that occur within their jurisdiction: 1. Nonemergency situations requiring incident or offense reports; excluding those involving any felony above the 3rd degree; 2. Noninjury public/private property motor vehicle accidents; 3. 4. 5. 6. 7. Parking violations; City Ordinance violations; Violations of Texas Motor Vehicle Laws; Violations of the Federal Aviation Administration and other Federal Regulations; and Violations of the Texas Penal Code, excluding those involving any felony above the 3rd degree. Park Rangers have the authority to take initial enforcement action on any violation of the law coming to their attention, and have field investigative responsibilities that are limited to the following incidents/offenses that occur within their jurisdiction: 1. 2. 3 . 4. 5. Nonemergency situations requiring incident reports; Noninjury private property motor vehicle accidents; Parking violations; City Ordinance violations; Violations of Texas Motor Vehicle Laws; and 265 6 . Class He• offenses of the Texas Penal Code; except thefts. . 04 EMERGENCY REQUESTS FOR POLICE SERVICES A. B. Emergency requests for police services to Airport Property or City Parks are handled by San Antonio Police officers. 1. Emergency calls received by the San Antonio Police Department Communications Unit may be relayed to Airport Police or Park Ranger dispatchers for informational purposes, if appropriate. 2. Emergency calls received • by either Airport Police or Park Ranger dispatchers are immediately transferred to the San Antonio Police Department Communications Unit by means of 911 or other direct phone line. 3. Officer-in-trouble calls involving Airport Police or Park Rangers are relayed directly to the appropriate San Antonio Police Department channel. San Antonio Police Officers have primary reporting responsibility on all emergency and on-sight cases within the city limits, although Airport Police and Park Rangers may be required to complete supplementary reports on calls they participate in . . 05 NONEMERGENCY REQUESTS FOR POLICE SERVICES A. B. Nonemergency requests for police services to Airport Property received by the San Antonio Police Department Communications Unit, that fit the criteria in Section .03.A. of this procedure, are relayed to the Airport Police Dispatcher. Nonemergency requests for police services to City Parks received by the San Antonio Police Department Communications Unit, that fit the criteria in Subsection .03.B of this procedure, may be relayed to the Park Ranger Dispatcher . . 06 PRISONER DISPOSITION A Airport Police and Park Rangers having prisoners in custody either return and book the prisoners or request transportation from the San Antonio Police Department Communications Unit. B. San Antonio Police officers determine the existence of probable cause on the charges against a prisoner prior to transportation. C. 1. If the San Antonio Police officer disagrees with the charges against a prisoner to be received from an Airport Police Officer or Park Ranger, supervisors from each entity are called to resolve the matter. 2. The San Antonio Police supervisor, after consulting with the Airport Police or Park Ranger supervisor (as appropriate), makes the decision regarding the further disposition of the prisoner. 3. Airport Police and Park Rangers desiring to book a prisoner that the San Antonio Police Department has declined to accept are responsible for transportation, magistration, and booking in the same manner as any other city prisoner. Upon acceptance of prisoners, San Antonio Police officers are responsible for reviewing reports, booking slips, and any other associated paperwork pertaining to the arrest. 266 • • • • • • • • • • • ~ .07 ~ - ~ · ~ - • I ,J I D. Prisoners transported for Airport Police or Park Rangers are handled in the same manner as any other city prisoner, as follows: 1. Booked into City-County Jail; 2 . Referred to City or County Juvenile; 3. Released to the Armed Forces Police; or 4. Any other authorized disposition. REPORTING RESPONSIBILITIES A. Airport Police officers complete incident or offense reports for all offenses up to and including 3rd degree felonies, in accordance with Section .03A of this procedure. B. Park Rangers complete incident reports for all Class "C" offenses, excluding thefts, in accordance with Section .038 of this procedure. C. All incident or offense reports and supplemental forms written by Airport Police or Park Rangers that are assigned San Antonio Police Department case numbers are completed on the appropriate San Antonio Police Department form(s) and routed as follows: D. E. F. G. 1. Original reports are routed to the San Antonio Police Department General Records Unit; a. In cases involving an arrest, the transporting officer conveys the original report to the nearest San Antonio Police Department report depository prior to the end of the tour of duty; and b. In cases of no arrest, reports are conveyed to any Police Substation or Police Headquarters on a daily basis. 2. Copies of each report are kept by the respective agency; and 3. Copies of each report are routed to the appropriate follow-up entity when necessary (i.e., FAA., F.B.I., District Attorney, San Antonio Police Department Robbery Unit, etc.). Airport Police officers and Park Rangers complete booking slips, property releases, vehicle impoundments, and any other required supplemental reports on all prisoners they arrest. Those · officers are listed as the primary and secondary, if applicable, arresting officers while San Antonio Police Department transporting officers are listed as the transporting officers. Airport Police officers and Park Rangers may be required to submit affidavits to follow-up investigators in certain cases. San Antonio Police officers responding to calls on Airport Property or Park Lands are required to accomplish those reports beyond the responsibilities of Airport Police officers or Park Rangers (as outlined in Section .03. of this procedure) . The proper disposition of sick or injured prisoners is the responsibility of the transporting officer, who completes the sick or injured prisoner form with information obtained from the arresting officer and hospital personnel. 267 . 08 IMPOUNDING PROPERTY A. Airport Police officers or Park Rangers handling physical evidence relating to an arrest mark it with their initials, prepare a property receipt, and give it to the San Antonio Police officer dispatched to the call, who signs the property release form and impounds the evidence. B. Nonevidence property recovered from the person of prisoners arrested by Airport Police officers or Park Rangers is given to the San Antonio Police officer dispatched to the call in an envelope, along with a completed property receipt. The San Antonio Police officer signs the receipt and impounds the property. C. Airport Police officers or Park Rangers may impound recovered stolen vehicles, and vehicles belonging to or driven by persons arrested in their jurisdiction, in accordance with existing San Antonio Police Department procedures. 1. Airport Police officers retrieve nonevidence items from impounded vehicles and return them to the Airport Police Property Room. 2. Park Rangers retrieve nonevidence items from impounded vehicles and return them to the S.A.P.D. property room. 268 • • • • • • • • • • ~ t '• i- .. [ ~ ~ l• ( l [ . [ ( ~ - • t ~ , .. '-- I ~ - I I • • .01 .02 .03 INTRODUCTION Infectious diseases such as Acquired Immune Deficiency Syndrome (AIDS), hepatitis, and others are spreading through our society at an alarming rate. The possibility of an officer contacting a person suspected of or infected with, a contagious disease is increasing because of the day-to-day interaction with the public while in the performance of his duties. This procedure guides the officer in how to limit unnecessary contact with a suspected contagious person, proper disposal of contaminated items, and the handling of suspected contaminated crime scenes. RESPONDING TO INITIAL REQUESTS FOR SERVICE A. Police officers dispatched to provide police services remain aware that any citizen can be infected with a contagious disease. Should an officer observe outward signs or manifestations of disease, he avoids unnecessary physical contact with the person, other than: 1. The rendering of emergency first aid; 2. Immediate contact to prevent dire consequences in a life-threatening situation; or 3. To effect an arrest. B. Members forewarned of the presence of contagious disease take appropriate precautions to prevent unnecessary skin contact, by using: 1. Disposable protective masks to provide cardiopulmonary resuscitation; and 2. Nonporous plastic or rubber gloves to prevent direct skin contact. C. Members, unable to avoid close personal contact with a person believed to have a contagious disease, thoroughly wash their hands as soon as possible following contact. PRISONERS EXHIBITING SYMPTOMS OF CONTAGIOUS DISEASE A. Officers arresting persons with outward signs of contagious disease or complaint of known infectious illness isolate these prisoners from others. B. C. D. E. F. Emergency Medical Service technicians are summoned to determine the condition of the prisoner. Prisoners not requiring E.M.S. attention are processed for the offense with the nature of the illness noted on both the officer's report and the booking slip. The detention center supervisor is advised of the prisoner's condition at the time of booking. Prisoners requiring emergency custodial medical attention as the result of contagious disease, who are charged with public intoxication, are released outright at the hospital. When handling prisoners exhibiting symptoms of contagious disease and who are to be admitted into a hospital for treatment, officers follow Procedure 601.1 O, "Injured and Sick Prisoners." Prisoners who require custodial attention as the result of highly contagious illness or disease are transported by an Emergency Medical Service Unit. 269 G. Prisoners exhibiting symptoms of contagious disease or serious illness are not transported with other prisoners . . 04 CRIME SCENES INVOLVING SUSPECTS/VICTIMS WITH CONTAGIOUS DISEASES A. Officers at major crime scenes do not deviate from established procedures for securing the scene from tampering or intrusion. B. Deceased victims believed to have contagious diseases are not handled by officers without protective gloves or other precautionary measures. C. Evidence recovered at crime scenes involving contagious diseases is clearly marked with warnings to property room and laboratory personnel. D. The San Antonio Metropolitan Health District is notified of any crime scene in which contaminated body fluids are present so that they might inform persons in charge of the premises of the proper procedure for decontamination. E. Officers document their personal involvement in any case in which they have been exposed through skin contact or suspected contaminate body fluids with a supplementary report. Supervisory officers acknowledge receipt of the report, authenticate the incident, and then make the reports a part of the officer's personnel folder. F. Officers shall not eat, drink, or smoke at crime scenes where body fluids are present or other contagious factors exist. .05 DOCUMENTING THE PRESENCE OF CONTAGIOUS DISEASES .06 A. Officers recognizing the presence of contagious diseases at a particular location will, in addition to the necessary records for any offense observed, direct a supplementary report describing the nature of the public health risk and the location to the Health Department. B. Information regarding individuals exhibiting signs of communicable disease is confidential and not repeated other than through official police correspondence. USE OF PROTECTIVE EQUIPMENT /SUPPLIES A. Unit Commanders/Shift Commanders ensure that employees under their supervision have been trained in the use or disposable protective masks to provide cardiopulmonary resuscitation (CPR). • • • • • r:t >>< J Jm~sr. 1 2nI @Pntr§E$YPP:Jitijr~J2si1~annn~:::n@]tf.~t 2r:::~::::~t!99:te2!ffi~}itm?:~i(I~§t~r.9I §.r:: 1 fflrmhNtFt9!:!~n~tikP~~tfqp:J~l~; • : u :1:1:1:::rntF\t~tf.m4.IK~IOC¢.W.~1ffi¥.t:Jttl?.t:: x ::Jij%;1~r& m$.gJ1i~ij} ~§l:i@~1~tmsJM; w.llI::!tt:@!9.9.9ZP:99.Y} ~g~t~n¢1 :::~rrwf ii bt<: :111::::g~,P§~: ~J~t~iI Pr :s1r&rt,1,gy~Xmrm~::gµr1.nrJ.H~!r~f P§9it§t:::§ggvm:m@t @P.8@Jm • c>< _ ?:t?Hr%!¢.k~9.WJt~@P®Fm:Jiijr.m.t¢lgf J«1Plffli. ?.K?J::ttI:P:e!:liP~~P!ii mP!ijm.!Yij} ~§!~' • 270 • • .07 g~JIIIl?\9~~tYBl lhlt:l:(~ §Qtitnif Jrj\jgf { !I lei} s!:ilM!r~~?:P~if :Jig)J si@~tjg]fm I II\;illiiltf 61\1~111Bi!ltllfililli~! llllf~ P itt: ttI~ 1em!ilmI Ht~~:::oonm121itwe~"ns: @oo:::t1:t:2: iii?:2:~mt:::9i{1.::199::g :::n1:::too 9~9.!l\~g@o~~rnt§fmffi~t! IEIIIIEJ&:9.M&tt~#:4.4.Bimffif~~tNmt.r: mJY~rmJ.@ij~qiWJR@. tm:rtrttJ?imrJm1~ C. Disposable gloves and germicidal hand wipes are made available through individual Unit Commanders in the same manner as other supplies customarily issued to officers for their use in the course of duty. D. Nonreusable gloves, germicidal hand wipes, gowns, and other protective materials are disposed of properly after use. Acceptable methods of disposal include: 2. Incineration at a medical facility or laboratory. E. The presence of an infectious or communicable disease is presumed anytime disposable equipment or supplies are utilized. Such supplies or equipment are not indiscriminately discarded at the scene or disposed of in a way that may cause casual contact by another person. F. Reusable equipment is cleansed according to manufacturers recommendations. e; rnrnn:11Mlllillilillllltlill!ll!l:if ;lil~mg; mijpf(@!gJN:n~ it:rn1:rnrn1JumnooI ~m2mwr1f:m~:::m~§w.t§.W:rn.1ro~t:tmtt::x1n~st~Jtf J?J~tt)n~t @m!Pl!~ SEARCHES OF PERSONS AND VEHICLES A. Officers are to exercise extreme caution while conducting searches of homosexuals, intravenous drug users, prostitutes, and others related to this group because of the high rate of contagious infection among this group. Care should be taken to prevent the accidental skin puncture by needles or sharp objects that may be carried in pockets or purses. B. Officers are to use caution while searching vehicles. Hypodermic needles, illegal knives, and other sharp objects are frequently hidden by intravenous drug users, drug dealers, and other arrested persons; beneath front seats or behind the back seats of vehicles. 271 • • • • -u, ::s m ~o u, -I ~- • <e·o Q) z ~ -· <---J (D 0 • 1:1 0 -t 0 0 • (D a. C: -t (D ti) • r ~ - � r � • ~ - • • t · .01 .02 .03 INTRODUCTION A. The purpose of this procedure is to outline the duties of officers who respond to the scene of a crime. This procedure is intended to preserve the integrity of the crime scene itself and all physical evidence at the scene. B. This procedure covers the general duties of officers at a crime scene. It does not prescribe the procedures or methods to be used in the highly specialized area of collection of physical evidence by evidence technicians, nor does it prescribe follow-up investigation procedures. C. Physical evidence can be anything which can establish that a crime has been committed or which can provide a link between a crime and its victim or a crime and its actor . D. In order for physical evidence to be effectively used by the investigator and the prosecutor, its presence must be recognized by the officers at the crime scene. E. Physical evidence must be properly preserved, recorded, and collected for it to be of use in discovering the facts of a crime . F. The scene of any crime is evidence in itself. The first officer to arrive at the scene of a crime automatically assumes the responsibility of securing the crime scene area from unauthorized intrusions. DIMENSIONS OF A CRIME SCENE A. No set of definite rules can be applied to defining the dimensions of the scene of a crime. However, the best physical evidence is normally found at or near the site of the most critical action that was taken by the criminal against the property or victim. While it is entirely possible that dimensions of a crime scene will be large, there are usually priority areas readily apparent to the trained officer or evidence technician which should be given immediate protection. B. The success of any investigation that involves a definable crime scene depends on the initial observations and actions of the first officer to arrive at the scene. While the circumstances of the particular case govern the physical evidence, he refers to Subsection .03 of this procedure for additional instructions. RESPONSIBILITIES A. The officer(s) assigned to the call adheres to the following procedures: 1. Proceeds to the scene as soon as possible after being notified of its occurrence; 2. Uses caution when entering so as not to destroy any evidence; 3. Pursues and apprehends the actor(s), if they are still at the scene or visibly fleeing the scene; 4. Provides aid for the injured; 273 5. Ascertains the extent of the crime and determines: a. Whether the call is a true emergency situation; b. Whether other responding officers may slow down; C. Whether there is a sufficient number of officers at the scene to simultaneously aid the Injured, secure the scene, and immediately notifies the dispatcher should additional help be needed; d. The amount of time lapse involved; and e. The description of the actor(s), means and direction of flight, and whether or not the actor(s) are armed. This Information is relayed to the dispatcher. 6. Secures the crime scene by preventing unauthorized and unnecessary persons from entering the crime scene area; 7. Takes charge and directs other officers to protect the crime scene until the arrival of supervisory personnel; 8. Locates, identifies, separates, and interviews witnesses; 9. 10. Initiates the proper reports which describe the offense, including: a. Any vehicles, persons, or suspicious activities possibly related to the offense, which were observed on the way to the scene; b. Time of arrival at the scene of the crime; C. The name of all officers present, should supervisory officers not make the scene; and d. Initial observations by the officer, including any res gestae statements made by the actor(s) or dying declarations made by the complainant. Continues protection of the crime scene and all physical evidence to maintain its integrity. Avoids handling items of physical evidence unless it is absolutely necessary to prevent its loss or destruction; and 11. When the officer must handle items of evidence, the officer: a. Handles the item in the least intrusive manner to avoid destroying the item, fingerprints, or other trace evidence that may be on the item; b. Marks the exact location where the evidence was found and points this out to the evidence technician; C. d. Protects the item from loss or unnecessary handling; and Marks the item for later identification and turns it over to the evidence technician, if one is assigned to the call, or places the item in the property room as evidence. Care must be exercised to avoid destruction of latent fingerprints or trace evidence on the item when marking it. 274 • • I r • [ r ~ · � • • l• r I [ . t t ~ - ( ~ ~ - ~ B. 1gg; l llll; l~-,1 ,~,,-~ml @jiiY!\'i~fu;~'.ill il£tl~ ~~~ ffll,9'.!!9 ~19~~ ™ rnmm ll[illl l~l;11trtl!~li~!§Q!lttwim ,ml rwAAtmr m t~ 91;rnrn@Iililillll[l11ll••~•r:111 11:~r111r111 !; i;@@rn1111111,11ifflYEmi!i! ~t~ BYP!!!iITTQ ~!ffl]tm)!§§,ffl!i !!\!ilRlffll~ P ilM/:!Mll,lf l{{ri ~lB!!t!J!PG!Al!ffli:§f l@ji;QYi¥i '9t!§!tl99PrJngf!tij!iffifimij mB mm 1 it1111}1tµm.ittrii nr~rm:::evtr:J§t~ I 1¥~2002:~r,~•r~R,t: M :::t:1I1:1B~ti:::w.tlrnitiY!9.IOO:~t1~nm~n:l:ffii:Jmmq@j/ wlj~:Jt: w.?:ij{ fggnq;,\gtjg ,~1::tIIIHl)ij)'=§/p§fj:@~ij~~99{ 9t: ffiif )Ni#oosi:Jrf : ~t:ir!:tttti~P9!l~ j!}!,)!!l! llllm;~;;t~tl?@@Q§l!Ji\lfl!!~~tllfl!1H!Rttm1i£~f lml §ffii;l!#liil'Rlm\l!:!i ~&:!!till : t111rn:1:1::g•~1 mmrmt:I§tm1r:::Jmrr :J?!~mm: 1 1 ,~e~rm{t ijrt::::nmr 1 ~rr1.~t}nt2:::::1n1? eRtmttme1 1 w i 111!Jil1iiillli[lllil1~11~1~11tlifi1! tlll~ The Evidence Technician assigned to the call follows these procedures: 1. Proceeds directly to the scene upon notification; 2. Upon arrival, immediately surveys the crime scene to determine: 3. 4. 5. 6. a. The type of crime committed; and b. Whether additional equipment or personnel are needed to assist in processing the crime scene and request same from the dispatcher. Establishes the perimeter of the crime immediately, using crime scene barrier tape, if necessary; Processes the crime scene for evidence (i.e., collects latent fingerprints, photographs, sketches, etc.); Collects and preserves all physical evidence at the crime scene and places the physical evidence in the property room of the San Antonio Police Department; and Prepares the necessary supplemental reports of all actions taken, and names any officer who assisted. 275 C. The Uniform Patrol Sergeant is in charge of any major crime scene, and is responsible for the supervision of all officers at the scene including the detectives assigned to the Investigation Division. (Note: When an Investigation Division supervisory officer is present, he supervises the activities of the follow-up detectives and the evidence technicians.) The uniform patrol sergeant follows these guidelines. D. 1. Proceeds to any major crime scene, or any crime scene where supervisory personnel presence Is requested; 2. Surveys the crime scene to determine: a. Whether there are sufficient officers at the scene; b. The dimensions of the crime scene, and the best method of protecting it; c. Whether the proper quadrant has been established and the officers assigned are working it properly; d. Whether the proper information regarding the actor(s) has been broadcast to officers working the quadrant; e. Whether the dispatcher has notified the Bexar County Medical Examiner's Office in cases of homicide, suicide, and accidents where an individual is deceased; and f. Whether the Investigation Division detectives are needed at the scene, and if so, ensures that they are notified immediately. 3. Assigns officers to specific duties required to correctly protect and process the crime scene; 4. 5. Remains at the scene as long as necessary to insure proper protection of the area, and supervise subordinates in the performance of their assigned functions; After photographs, fingerprints, and other physical evidence are secured, and after the medical examiner, if involved, is completed, determines if the news media may be admitted to the scene and briefed. (See Procedure 307.00, "Public and Media Information"); 6. · Prepares a supplemental report describing actions taken, and the names of officers present at the scene and the duties assigned to each; and 7. Provides for the transportation of witnesses if necessary. The assigned follow-up detectives: 1. Proceed to the crime scene when notified to do so; 2. Obtain initial information from the officer responsible for preparing the offense report; 3. Survey the crime scene to determine if their presence in the crime scene area is necessary and: a. When it is necessary to enter, use caution to avoid contamination of the crime scene area; and 276 • • • • • • • • • � � ~ - r • .04 4. 5. b. Avoid handling, or otherwise contaminating or altering the crime scene. When it becomes necessary to move any objects before the evidence technician arrives, the follow-up detective records the exact location and condition in his own report, properly marks the item, and turns it over to the evidence technician upon his arrival for processing and placing in the property room as evidence. Identify and interview witnesses outside the immediate crime scene area; When written statements are necessary, make arrangements for the witnesses to give their statements. (Advise the patrol sergeant when transportation for witnesses is necessary); and 6. Prepare the proper supplemental report describing his actions. COMMAND OFFICERS' RESPONSIBILITIES A. B. C. Command officers make periodic checks of major crime scenes to ensure that proper procedures are being followed. While the ranking officer at the scene of any call is in charge, he delegates supervision to the assigned sergeant and acts as an overseer. He intervenes only when he observes serious breaches of established procedure. Exceptions to Subsection .04B are cases which involve an officer of this department in any major incident. Under such circumstances the ranking officer on duty shall be in charge of the scene . . 05 SPECIFIC CRIME SCENE PROCEDURES A. Homicide scenes where the victim is obviously dead: 1. 2. 3. The Bexar County Medical Examiner's Office has delegated to the San Antonio Police Department Homicide Detectives the authority to move the body of a human being from its original position of death. Before moving the body of a deceased being: a. The deceased and the crime scene are first photographed; and b. The necessary measurements are taken. Personnel authorized to enter the area of the crime scene include: a. First officer to arrive; b. Additional officers that are necessary to secure and protect the crime scene; c. Assigned evidence technician(s) and evidence supervisor; d. Assigned uniform patrol sergeant; e. Assigned follow-up investigative unit; and f. Investigators from the Bexar County Medical Examiner's Office. In the special case of, and upon discovery of, a "mysterious" homicide, or one in which no witnesses or suspects are apparent, or where it appears that a solution to the crime may rest heavily on the development of physical evidence to identify a criminal actor or actors, the only officer authorized to enter a crime scene are those specifically charged with processing the area for physical evidence. After the scene has been processed, other officers may be allowed to enter. 277 8. C. At violent crime scenes: 1. In every instance the officer calls for emergency medical assistance. 2. Personnel authorized to enter the crime scene are: a. All persons authorized under Subsection .05A2 of this procedure; and b. Trained medical personnel. 3. The reporting officer should: a. Make note of the original position of the victim; b. Make note of any physical evidence that may be accidentally moved by medical personnel, or anyone else; C. Observe medical personnel to ensure that: (1 ). They do not contaminate the crime scene by discarding any of their supplies or equipment in the area; and (2). When it is obvious that physical evidence must be moved to protect it from loss or destruction, or to properly treat the victim, the officer takes custody of the evidence. The officer records the exact location and condition of the physical evidence, marks the evidence with his initials, and turns it over to the evidence technician assigned to the call or places the evidence in the property room himself when no evidence technician is assigned. The officer includes in his report the circumstances requiring the evidence to be moved, exact location, condition, how it was marked, and what was done with the evidence. d. Relate to the evidence technician, the follow-up detectives unit, and any supervisory personnel, the following: (1 ). Any changes in the victim's position; and (2). Any physical evidence that the officer found necessary to pick up, the location where it was found, and any other alterations of the crime scene area. Robberies of Businesses: 1. Officers dispatched on robbery calls approach the location of the call as if the suspect is still at the scene. 2. Determine if the suspect is still at the scene. In the event he has fled, obtain a description of the suspect, means and direction of flight, weapon used, time lapse, and any other pertinent information. 3. Immediately give the dispatcher the above information. 4. Protect the crime scene by: a. Safeguarding all entrances and exits that may have been used by the actor and allowing no unauthorized person near areas where the robbery may have been; and 278 • • • • • • • • • • • D. ~ - b. Isolating the areas where the actual robbery took place. (I.E., teller's window in a bank or a check-out counter in a convenience store.) 5. Show the evidence technician areas on the premises where the actor was observed and may have touched something. Burglaries: 1. 2. 3. 4. 5. 6. 7. An evidence technician is dispatched on all burglary calls. It is the responsibility of the investigating officer to request an evidence technician if a call turns out to be a burglary after being dispatched as some other offense. The owner or his authorized representative should be present and give effective consent for the processing of the burglary scene. a. In the event the owner or his authorized representative is not available to give consent, the evidence technician should conduct a latent print investigation following these guidelines: (1) Point of entry; and (2) Point of exit. b. When the owner or his authorized representative cannot be located, a supervisory officer may authorize the processing of the burglary scene when the need exists. An evidence technician is canceled under the following circumstances. a. The investigating officer at the scene determines that the offense of burglary has not been committed and an evidence technician is not required for any other purpose; b. A supervisor at the scene determines that it is impossible to lift prints or obtain other evidence; or c. The owner, after being told of the purpose of the evidence technician, advises the investigating officer that he does not wish for the premises to be printed. All instances in which an evidence technician is canceled are documented by the investigating officer in the text of his report. When the evidence technician is needed and requested, the patrol officer sees that the scene is safeguarded by: a. Informing the complainant that he should not handle any object or printable surface that the perpetrator may have touched until such time as the evidence technician can examine it; and b. Protecting objects or surfaces that may contain fingerprints from the weather or other conditions that may destroy the fingerprints before the evidence technician's arrival. When a safe has been entered, the officer secures the immediate area surrounding the safe, the entry and the exit point of the perpetrator, and notifies the burglary detectives, as they may need to come to the scene. 279 E. Burglary of a Vehicle: 1. Burglarized vehicles are processed for latent fingerprints when: a. An arrest has been made; b. There is a suspect in the case and a possibility exists for developing latent prints In the interior of the vehicle; c. The theft involves the loss of objects of great monetary value; or d. The complainant requests the vehicle to be printed. 2. The owner or his authorized representative should be present to give effective consent for the processing of the vehicle. 3. a. The owner or his authorized representative may refuse to allow the vehicle to be fingerprinted. b. When the owner or his authorized representative cannot be located, a supervisory officer may authorize the processing of the vehicle when the need exists. An evidence technician is not sent on cases reported to an expediter, unless the owner of the vehicle requests fingerprints to be taken. F. Recovered Stolen Vehicles: 1. Unless the owner of the vehicle specifically requests the vehicle not be printed, an evidence technician is dispatched to print recovered stolen vehicles at the scene. 2. In the event an evidence technician is unavailable to be dispatched and the vehicle is impounded, an evidence technician, as one becomes available, is dispatched to the vehicle storage lot to print the vehicle. 3. The evidence technician makes every effort to conduct the processing of the vehicle at the scene of recovery, unless the following prohibitive circumstances exist: a. Inclement weather; b. Inadequate lighting; or c. The seriousness of the offense requires the evidence technician to move the vehicle to the evidence stall for a thorough processing of the vehicle. 280 • • • • l I r r ~ - , . , " ., ~ - .. :, .01 .02 . 03 INTRODUCTION The purpose of this section Is to establish procedures for the identification of suspects by eyewitnesses to a crime. Because eyewitness identification is one of the most important techniques used to apprehend and convict criminals, it is essential that these procedures be followed. DEFINITIONS A. 8. "Informal Field ldentificationN means a procedure in which an officer takes a witness to observe a suspect who is at liberty, and who is, in most cases, unaware that he is being observed. "Field ConfrontationN means an identification procedure in which the suspect is presented singly to the witness (also known as showup and one-on-one). C. "Lineup" means an identification procedure in which the suspect is placed in a group setting and presented to an eyewitness. D. "Photo Display means an identification procedure in which a group of photographs is displayed before the witness (also known as mug-lineup and photo spread). EYEWITNESS IDENTIFICATION · . A. An eyewitness identification is unnecessary when: 1. The witness is unable to identify the offender due to lack of opportunity to view him at the time of the offense; 2. The witness knew the identity of the suspect prior to the commission of the offense; or 3. The suspect is arrested while committing the crime. 8. When there are two (2) or more witnesses, each witness views the suspect or his likeness (photo or composite drawing or sketch) and makes his identification separately from the other witness. C. Officers do not allow one witness to converse or otherwise communicate with other witnesses until the identification procedures are completed. D. A complete record of the identification procedure is made, including: 1. The time, location, and identity of all those present, including persons being viewed who are not suspects; and 2. Any statements made by witnesses and remarks made by officer(s), suspect(s), or attorney(s) present. E. Whenever possible, photographs and tape or stenographic recordings are used. 281 .04 INFORMAL FIELD IDENTIFICATION .05 A. Informal field identifications are conducted under the following circumstances: 1. When a witness is taken to observe a suspect who is at liberty, generally, the suspect is unaware he is under observation; 2. When the suspect is not in custody either because he has not been charged with the offense under investigation or because he has been released on bond or recognizance; 3. When prompt identification is essential and a suspect has been charged with the offense under investigation, but the suspect is hospitalized for extended treatment under non emergency circumstances; or 4. When the suspect is known, or when he is unknown, but believed to frequent a location. The location is a place where a large number of people of physical characteristics roughly similar to the suspect are likely to be or to pass through at random; and 5. When no single location is likely to meet the requirement of section .04, the witness may be taken to five (5) or more similar locations. B. A detailed record of any informal field identification procedure is made. Such a record includes: 1. All locations to which the witness was taken; 2. The precise loca~ion of any observation; 3. The approximate number of people similar in description to the suspect who were viewed; 4. The time period during which the identification was made; 5. The suspect's reaction, if he became aware that he was being observed; and 6. The reaction of the witness upon seeing the suspect. CONFRONTATIONS A. A suspect, arrested within two (2) hours of the time of the offense and within an area reasonably near to the scene of the offense, may either be held at the location of his arrest for identification by the witness, or may be taken to the witness for identification. B. 1. The confrontation takes place as soon as practical after the arrest. When available, follow up detectives are requested to conduct the confrontation. 2. When the suspect is not identified as the actor, he is positively identified and released, unless probable cause exists to otherwise justify the detention. An officer may arrange a confrontation without arresting the suspect when the suspect consents to the confrontation. C. In the event an officer locates a suspect within two (2) hours of the time of an offense, but no probable cause to arrest the person exists, the officer may detain him for a maximum of thirty (30) minutes for confrontation purposes. 1. In exercising this authority, the officer uses such force, short of deadly force, as is reasonably necessary to stop the person, or to cause the person to remain in the officer's presence. 282 • . - . i I . ~ ~ · ~ ., ~ - ~ - • .06 D . E. F. G. H. 2. The witness should be brought to the scene of the detention as soon as possible. Unless the suspect consents, he is not taken to the witness' location. 3. There is no right to counsel at a confrontation held during a temporary detention . Nothing in this procedure bans the common practice of transporting witnesses in police cars to cruise the general area in which an offense has occurred in hopes of spotting the perpetrator and arranging a confrontation. When emergency circumstances exist, such as a witness or suspect being in danger of death, or the witness being in danger of blindness, a confrontation may be arranged. Medical authorities must approve the confrontation if either the witness or suspect is hospitalized. 1. No time limitations have been placed on emergency confrontations, since they may be utilized whenever necessary. 2. Although the suspect may have been formally charged and has acquired the right to counsel, exigent circumstances may excuse this requirement. Witnesses view the suspect out of the immediate view of other witnesses when there are two (2) or more witnesses to view the suspect. When presenting a suspect to a witness for identification, an officer does not do or say anything to lead the witness to believe: 1. That the suspect has been formally arrested or detained; 2. That the suspect confessed; 3. That the suspect possessed incriminating items on his person when searched or frisked; or 4. That the suspect is believed to be the perpetrator. The officer makes a written record of the circumstances of the confrontation. This record includes: 1. A description of the place where the suspect was viewed, including lighting conditions; 2. The distance from which the suspect was viewed; 3 . 4. 5. The number and identity of witnesses who viewed the suspect; The name of all persons present during the confrontation; and Any remarks made by witnesses, the officer, the suspect, or anyone present during the confrontation. LINEUPS A. When identification by a witness is necessary, a lineup is held following the arrest of a suspect, unless one of the following circumstances makes a lineup unwise or impractical: 1. 2. The suspect is apprehended within two (2) hours of the time when the offense was committed and a confrontation was conducted; A witness cannot attend the lineup due to illness, refusal to cooperate with police, or inconvenience, due to the suspect being in custody at a place distant from the witness; 283 B. C. 3. The suspect has an appearance so unusual or unique that other persons with similar physical characteristics cannot be found for a lineup; or 4. The suspect is uncooperative or refuses to participate in a lineup. A lineup Is held as soon as practical after the suspect has been presented before a magistrate. However, under special circumstances such as the unavailability of a magistrate, or the complainant's or witness' unavailability at a later time, a lineup may be held before the suspect is presented before a magistrate. A suspect, who is in custody, may be required to participate in lineups relating to crimes for which he has not been arrested, but in which he is a suspect. D. All lineups are conducted under circumstances which assure fairness to the suspect. The following procedures are followed. 1. Whenever possible, five (5) persons, including the suspect, participate in the lineup and never less than three (3) persons; 2. All lineup participants are of the same sex and race. They also have similar physical characteristics, such as age, skin color, hair styte, height, and weight; and 3. The suspect is allowed to choose his initial position in the lineup. E. A suspect has the right to have an attorney present at a lineup, if the lineup is held after the initiation of criminal proceedings against the suspect (i.e., after the complaint has been filed, a formal charge has been filed, a preliminary hearing has been held, suspect has been arraigned, or an indictment or information has been filed). F. A suspect who has the right to have an attorney present at a lineup is advised that: G. 1. He has the right to have an attorney present to observe the procedure; 2. If he cannot afford an attorney, one is provided for him free of charge; and 3. The lineup is delayed for a reasonable amount of time after the attorney is notified, in order to allow the attorney to attend. The accused is requested to read and sign the Departmental Waiver Form, S.A.P.D. Form No. 141, when he waives his right to counsel. In the event the accused refuses to waive or fails to comprehend the waiver of the presence of counsel, and refuses to employ or have an attorney appointed for him, the investigating officer contacts a Bexar County District Court Judge and requests that the judge appoint an attorney on behalf of the accused. H. When a suspect who has the right to counsel at a lineup desires to have counsel present, the following procedures are followed. 1. The officer calls the suspect's attorney and informs the attorney of the time and date of the lineup, and then allows the suspect to talk to him; 2. When the suspect has no attorney, but wishes to retain one, he is given a reasonable amount of time to do so; and 3. In the case of indigent suspects, the officer conducting the lineup contacts a Bexar County District Court Judge to have an attorney appointed to represent the suspect. 284 • • • le t !e r ; ~ · - i" 1 · l I ~ - ~ • I r ~ - � ., [ l• .,, l ~ I r ~ - .. f ~ ~ - I. In the event the suspect's counsel fails to appear at the scheduled lineup, the lineup is delayed for a short period of time. The officer may take the following steps if the attorney still does not appear: J. K. 1. Delay the lineup until a later date; 2. Arrange for a substitute counsel to represent the suspect at the lineup; or 3. Hold the lineup without counsel, if it Is Impractical to delay it or appoint substitute counsel. Prior to the lineup, the prosecutor's office is informed of the date, time, and location of the proceedings, and allowed the opportunity to send a representative. Before placing the suspect in the lineup, the officer conducting the lineup informs the suspect that: 1. He is being placed in a lineup along with persons similar in appearance; and 2. He may be required to wear certain clothing, utter certain words, or perform certain acts, but such appearance, words, or acts are for identification purpose only. L When a suspect is uncooperative or refuses to participate in a lineup: M. N. 1. He is advised that he has no right to refuse and that his refusal may be introduced at his trial as evidence of consciousness of guilt; and 2. A record is made of the precise words of refusal. Prior to beginning the lineup, the officer instructs the defense counsel as to the procedure of the lineup. 1. The offense with which his client is charged or suspected. 2. The names and addresses of witnesses who view the lineup are not revealed to counsel. 3. To direct all comments or inquiries to the officer outside the presence of the witnesses during the lineup. 4. Objections or lack of objections to the lineup arrangement or procedure are noted on the record of the lineup procedure . 5. Counsel may be removed from the lineup room, if attempts are made to obstruct the lineup, delaying the lineup, until substitute counsel is appointed. 6. When substitute counsel cannot be readily obtained, the lineup continues without counsel for the suspect. Prior to viewing the lineup, each witness is informed that: 1. Neither the witness identity nor his address is revealed to the suspect or his counsel; 2. Witnesses do not verbally communicate with anyone while in the lineup room. AJI comments are to be written, including the number of the identified suspect, if any; 3. The purpose of the lineup Is as much to exonerate the innocent as it is to confirm the accused; 4. Witnesses look at the lineup carefully and record any doubts or uncertainties about an identification; 285 0. 5. A witness may request that the participants in the lineup speak certain words, make gestures, or assume particular poses (all participants are required to perform the same acts); and 6. Witnesses do not talk to the defense counsel, until after the entire lineup procedure is . oom~~ed. ~ Before the witness views the lineup, he is given a clipboard with a Witness Lineup Identification form (S.A.P.D. Form No. 141-WLU) attached. The witness is Instructed to view the subjects. If he does not recognizes any one of them, he marks the square labelled NONE. He is then advised to sign his name, write the date and time on the proper line, and give the form to the officer in charge of the lineup. The officer and the suspect's attorney, if present, also sign the form in the places provided. P. A record is made of all lineup procedures. The record includes the following: 1. A large photograph, color preferred, of the lineup as originally set. A picture is also taken of the lineup as it appeared to each witness viewing the lineup; and 2. The amount of time it took the witness to make an identification . . 07 PHOTO DISPLAYS A. 8. A photo display is used when a lineup is impractical, such as when: 1. There is no susp~ct; 2. There is a suspect, but probable cause to arrest him is absent; 3. The suspect cannot be located; 4. The suspect refuses to participate in a lineup; 5. The suspect is in custody at a place distant from the location of the witness; 6. The witness is unable or refuses to attend a lineup; or 7. Persons with physical characteristics similar to that of the suspect cannot be found for a lineup. A mug book is used when there is no particular suspect. To assure accurate identification, a reasonable number of photos should be shown to the witness, even if the suspect is selected almost immediately. · C. Nonphotographic pictorial representations (i.e., composite drawings or sketches) may be used only when the use of a mug book has been, or is likely to be, unsuccessful. D. E. In the event use of a nonphotographic pictorial representation results in the identification of a suspect by one witness, no photograph, composite drawing, or sketch is shown to any other witness, unless probable cause to arrest still does not exist. In that case, procedures in Section .06F are used. A photo display is not used after the arrest of a suspect, unless a lineup is impractical for one of the reasons listed in Section .06A (4-7). If a lineup is impractical for the reasons listed in Section .06A (5 or 7), the witness may be shown a photograph of a proper lineup that includes the suspect. 286 • • • • • • • • • • f . r • • "' ~ , [ · • [ . • t · - I t • ., t ,; ! ' ~ · .,> :.-- F. G. H . Whenever a photograph of a definite suspect is displayed to a witness, the following procedures are followed: 1. 2. 3. When possible, a series of six (6) to eight (8) photos, only one of which is of the suspect, are randomly arranged and shown to the witness; As far as practical, all the photos are unmarked and of the same size and nature; The persons depicted in the photographs are substantially similar in appearance (i.e., size, height, weight, age, hair, and skin color); and 4. When there are two (2) or more suspects, they are not presented together in a single group. In case a witness fails to identify the offender at a photo display, and a second photo display is held, some photos from the first group are repeated with the suspect's picture in the second group. When a witness makes a positive identification of the suspect from a photograph, thus establishing probable cause to arrest the suspect, no other witness should be shown the photographs. Instead, lineup procedures are used for any further identifications. I. Officers neither directly nor indirectly: J. 1 . Give assistance to witnesses in picking out photographs; 2. Answer questions relative to the photographs which might in any manner suggest who the suspect is; or 3. Pressure the witness to select a photograph. When a witness makes a photographic identification of a suspect, he initials the back of the photograph and writes in the date the identification was made. K. The officer conducting the photo display keeps a written record of the entire proceeding including: L. 1. The identity of all persons present during viewing; 2. All the photographs used; 3. A record of how the photos were displayed; 4. All remarks made by the witness in identifying any photos, as well as any failure to identify or mistakes in identification; and 5. The amount of time it took the witness to identify the suspect. There is no right to counsel at any photographic identification procedure . 287 • • .01 � r " .02 • t .03 .04 INTRODUCTION This procedure focuses primarily on the police officer's role in responding to complaints of sexual assault and is not concerned with the technical aspects of a sexual assault investigation, which are contained in the Sex Crime Unit's standard operating procedure and the section on Crime Scene Duties. OBJECTIVES OF HANDLING SEXUAL ASSAULT COMPLAINTS A. To promote the officer's sensitivity to the emotional and physical trauma encountered by the victim; B. To establish procedures for the officer's interview and handling of the sexual assault victim; and C. To support the victim in obtaining physical and emotional assistance . VICTIM'S INTERVIEW A. B. The officer treats the victim with compassion, consideration, understanding, and patience, while collecting necessary evidence and asking required questions. When talking to the victim, the officer uses language appropriate to the victim's age, intelligence, and emotional condition. C. The officer uses medical terms when referring to various parts of the body. D. The officer does not ask any embarrassing or personal questions which are irrelevant to the investigation. E. During the course of the investigation, an officer does not express to the victim any personal opinion as to whether or not a sexual assault has been committed. F. The officer makes no comment pertaining to the victim's behavior in providing the opportunity to be assaulted. G. An officer, under no circumstances, undertakes a physical examination of a sexual assault victim. H. Officers dispatched to a hospital or doctor's office to take the report, interview, or investigate the offense, leave the room during the physical examination of the sexual assault victim. CASE HANDLING A. The officer assigned to respond to a sexual assault complaint is responsible for preliminary investigation and immediate notification of the follow-up investigative unit. B. In the event the victim is in need of immediate medical attention, the officer follows departmental procedures regarding the administration of first aid and transportation of injured persons. c. Preliminary questioning of the victim is conducted by one officer who briefly interviews the victim privately, away from all other officers, witnesses, and onlookers to obtain: 1. A determination of the type of crime that has occurred; 2. A description of the offender and broadcast description, if appropriate; and 289 3. The basic information for beginning an investigation, which includes: a. Name of victim; b. Home and business address and any other addresses where the victim may be contacted; c. Home and business telephone number and any other telephone numbers where the victim can be called; d. Date of birth of the victim; and e. Occupation of the victim. D. The officer requests that the victim undergo a physical examination and stresses the importance of the examination. 1. The victim may require medical treatment for possible pregnancy, disease, or injury; and 2. A medical examination obtains evidence that is critical to the successful prosecution of the offender. E. When the victim wants to be examined by a private physician, the officer stresses having the medical examination done at the Medical Center Hospital Emergency Room. 1. The victim may insist upon having the examination done by a private physician or at a hospital facility of his/her choosing, in which case it is permitted. 2. When the victim is seventeen (17) years of age or younger and the case is over forty (40) hours old, the officer instructs the victim as outlined in Subsection .05B of this procedure. Note: If a question arises as to whether or not the offense happened within the forty (40) hour time constraints, the victim is taken to the Medical Center Hospital to be examined. 3. If the victim agrees to have the examination done at the Medical Center Hospital, the officer immediately notifies hospital authorities, so they may contact one of the Assistant Medical Examiners. F. The officer is prepared to inform the examining physician of the details of the offense. G. The officer may provide transportation for the victim to a medical facility for testing and from there to the Homicide Unit of the Police Department. The victim may be accompanied to the hospital by a friend or relative. H. The officer may be relieved from waiting with the victim at the hospital if: 1. The victim is accompanied by an adult friend, adult relative, or a Rape Crisis counselor; or 2. The medical examination requires an unreasonable delay and the victim is accompanied by an adult friend, adult relative, or a Rape Crisis counselor. I. The officer is to note in his report the name, address, age, and title of the person in whose care the victim was left with at the hospital. 290 • • • • r • • .05 J. The officer should advise the victim to contact the Homicide Unit to make arrangements for an interview and a statement to a Sex Crimes Investigator, if not contacted within twenty-four (24) hours by a Sex Crimes Investigator. The officer stresses the importance of giving a statement on the case. K. Between the hours of 0730 and 1800, officers notify the Homicide Unit immediately on all sexual assault cases with an arrest. Between the hours of 1900 and 0500, a night detective is notified on cases with an arrest. MEDICAL EXAMINATION LOCATIONS A . B. The Medical Center Hospital Emergency Room is the primary location for examinations in sexual assault cases. When the victim is seventeen (17) years of age or younger, and the sexual assault occurred more than forty (40) hours before, the victim, parent, or guardian is advised to call Child and Adolescent Sexual Abuse Intervention Service (CASIS) at the Brady Green Community Health Center (270-3652) and arrange for a medical examination. Appointments can be made Monday through Friday between the hours of 0830 and 1700. After operating hours, on weekends, and on holidays the victim is instructed to leave a message on the answering machine. 291 .01 INTRODUCTION This procedure establishes a process for officers to follow when investigating apparent sudden deaths . . 02 RESPONSIBILITIES .03 .04 A. The San Antonio Police Department has three (3) primary responsibilities involving the handling of Apparent Sudden Deaths: 1. Reporting all Apparent Sudden Deaths to the Bexar County Medical Examiner's Office; 2. Notification of the next of kin of the victim; and 3. Safeguarding the victim's personal property. B. Officers must realize the sensitivity of the situation, and express sympathy and compassion when delivering the notification to the victim's family. CLASSIFICATION OF APPARENT SUDDEN DEATHS A. Deaths due to natural causes (i.e., long term illness, heart attack, stroke, etc.); B. Suicides (suicides are filed as Apparent Suicide); or C. Accidental deaths (i.e., deaths that are not attributable to natural causes and occur as a result of an unintentional act). PROCEDURE A. Officers dispatched to any location, other than a hospital, first determine, if first aid is needed and provide assistance, until emergency medical personnel arrive. B. Unless E.M.S. is the reporting party, an E.M.S. unit is dispatched to assist the officer in determining the condition of the complainant. If it is apparent that, after viewing the body, the complainant has expired due to natural causes, the investigating officer follows these guidelines: 1. Contacts Homicide investigators and gives pertinent information to them; 2. Contacts the Medical Examiner's Office and provides the following information on the deceased (if known): a. Full legal name; b. Home address; c. Location where deceased was found; d. e. f. Deceased's date of birth; Apparent cause of death; Time the deceased was discovered; 293 3. g. Position in which the body was found; h. Deceased's social security number; I. Name of the deceased's physician; j. Medication taken; k. Known illnesses; I. Name of physician who has agreed to sign the death certificate; m. Hospital or funeral home where the deceased is to be taken; and n. Deceased's next of kin. The deceased may be transported to a hospital or funeral home by a private ambulance, if a doctor agrees to sign the death certificate. The deceased must be pronounced dead by a physician either at a hospital or at the scene before removal to a funeral home. 4. The deceased body Is transported to the Bexar County Medical Examiner's Office by contract ambulance when the physician for the deceased cannot be contacted. • • When at a location other than a hospital, it becomes apparent to the officer that the deceased is a victim of an accidental death, shooting (other than homicide), or fire, the officer: • 1. Requests that E.M.S. be dispatched to the scene; 2. Advises a supervisory officer of the situation and requests additional officers if needed; 3. Contacts the Bexar County Medical Examiner; 4. Contacts the Homicide Unit and gives them the pertinent information; and 5. Insures that the deceased is transported to the Bexar County Medical Examiner's Office by contract ambulance. D. When at a location, other than a hospital, and it becomes apparent that the deceased is a victim of an apparent suicide, the officer follows Section .04C of this procedure and protects the scene. Suicide notes along with handwriting samples are forwarded to the Bexar County Medical Examiner's Office. An evidence technician is dispatched to the scene. E. Valuables on the person of the deceased: 1. Remain with the body when transported to the Medical Examiner's Office; and 2. Are placed in the San Antonio Police Department Property Room when the body is transported to a hospital or funeral home. F. Officers called to the hospital for a death report utilize the procedure as outlined in Section .048 of this procedure. G. The officer assigned to handle the report where the victim is dead on arrival at the hospital assumes responsibility for notifying the nearest next of kin living in Bexar County. 1. If the victim has no relatives in Bexar County, the assigned officer notifies the Security Services Desk to dispatch essential information via telegraph or teletype to the law enforcement agency closest to the home of the nearest next of kin. 294 • t . l [ e r • ~ - • l ~ - r ~ , ~ - I L .05 .06 H. I. 2. 3 . In local notification, in order that care is insured in case of shock or hysteria, the nearest next of kin should be notified in person or requested to come to the hospital to be notified at that location. The offense report contains the name of the person actually notifying, or agreeing to notify the nearest next of kin; or the means of communication used to notify out of county relatives. Officers called to a private residence to investigate an apparent sudden death secure the premises before leaving the scene, and if necessary arrange for a patrol by for a period of five (5) days. Procedures for the investigation of homicides are covered in Procedure 701.00, "Crime Scene Duties.· REPORT A. All apparent sudden deaths are reported on an offense report. 8. The investigating officer includes all pertinent information relative to the situation, as well as the names of all individuals notified or contacted in relation to the death. All actions taken are outlined in the text of the report. HOSPICE ORGANIZATIONS A. Hospice organizations exist to provide in-home support and care for individuals in the last phase of an incurable disease. 8. Hospice organizations have registered nurses on staff and on call twenty-four (24) hours a day to assist the families with patient care of the terminally ill. In such cases they are usually at the scene of the apparent sudden death. C. The hospice nurse is available to assist the officer in determining the condition of the complainant. E.M.S. Is not required to make the scene, if a hospice nurse determines the complainant has expired. The name of the hospice nurse and his/her determination is noted in the officer's offense report. D. Hospice organizations prepare their patients' families for the required police investigation of an apparent sudden death. The information an officer needs to relay to the Medical Examiner's Office, in most cases, has already been prepared for the officer by the family. E. Hospice organizations in the San Antonio area include: 1. Hospice San Antonio, 8207 Callaghan Rd.; 2. King William Hospice, 323 E. Johnson; and 3. Santa Rosa Hospice, 519 W. Houston. 295 .01 .02 .03 ~ - 11r111111rti1art 1t11111 INTRODUCTION A. The purpose of this procedure is to establish guidelines that ensure the highest degree of continuity and standardization in the handling of officer-involved shootings. This process not only instills a sense of confidence In the officers themselves, but satisfies the community's expectations regarding the thoroughness, objectivity, and integrity of such investigations. B. Officer-involved shootings, including apparent accidental shootings, are investigated by the Shooting Team, regardless of the officers duty status, and whether or not the weapon was city-issued. C. Shootings involving officers from outside law enforcement agencies, occurring within the corporate limits of the City of San Antonio, are also investigated by the Shooting Team. D. An officer is considered to be involved in a shooting if deadly force by firearms is used by the officer or another and the use of such force results in death or injury. An officer is considered to be a witness if he is present at the scene of an officer-involved shooting but does not use deadly force himself. DEFINITIONS A. "Shooting Team" means· a group of departmental members who, upon activation, function as a separate unit responsible directly to the Chief of Police; and are responsible to investigate all officer involved shootings which result in bodily injury or death. B. "Officer-Involved Shooting" means: 1. An incident in which an officer discharges a firearm and the discharge resulted in a death or injury to any person; and 2. Any incident in which an officer uses deadly force against another or deadly force is used against an officer, which results In death or serious bodily injury to any person. C. "Serious Bodily Injury'' means that definition prescribed in Chapter 1, Section 1.07, (34), of the . Texas Penal Code. DISPATCHER RESPONSIBILITIES A. B. Effective communications are essential during the course of officer-involved shootings, and all officers share a responsibility to limit radio transmissions to relaying pertinent information. This facilitates the dispatcher's ability to maintain concentration and diligence in controlling and coordinating field operations. Immediately upon the initial broadcast of any information relating to an officer-involved shooting, the dispatcher insures that: 1. Adequate patrol officers are sent to contain and handle the situation; 2. 3. 4. A field supervisor is assigned; Evidence technicians respond to the scene; Appropriate C.I.D. personnel are notified; 297 C. 5. The nearest Patrol Shift Commander is advised; and 6. The nearest Station Commander is advised, if available. The Dispatch Supervisor insures that the following personnel are notified: 1. Homicide Commander, and/or Shooting Team Commander (if not one and the same); 2. Public Information Officer; 3. The appropriate command officer prescribed in Procedure 314.00, "Command Notification;" 4. Internal Affairs Investigators; 5. Police Psychologist; 6. San Antonio Police Officers' Association Attorney; 7. Family Assistance Officer; and 8. Bexar County Medical Examiner (in the event of any fatality associated with the incident) . . 04 OFFICER RESPONSIBILITIES A. Field Officers - The first officers arriving on the scene care for the injured, apprehend suspects, protect the scene, attempt to locate and identify any witnesses to the incident, and convey information as well as maintain radio contact with the dispatcher. B. Evidence Technicians - The immediate crime scene is cordoned off, and perishable or unsecured evidence is property preserved and protected until the arrival of the Shooting Team. Assistance to Shooting Team Investigators is then provided as required, in accordance with 701.00, "Crime Scene Duties." C. Field Supervisors 1. Direct the on-scene investigation until the arrival of the first member of the Shooting Team, who then assumes temporary control until arrival of the Shooting Team Supervisor or Commander. 2. The field supervisor, or when available, the evidence technician supervisor remains responsible to limit unauthorized entry within this perimeter in order to facilitate evidence processing. Only persons responsible for the collection of evidence or those whose presence is absolutely required within the cordoned area are allowed access. 3. 4. The supervisor in charge of the crime scene, accompanied by an evidence technician, examines the weapons of all officers who were on the scene at the time of the actual shooting (excluding those known to have discharged, which are processed by the Shooting Team). The evidence technician handles any related evidence obtained, noting the position of spent casings and live rounds in the cylinder of the weapon(s) and notes other information pertinent to the investigative report/diagram. Unless absolutely necessary, an officer involved in a shooting is not relieved of his weapon at the scene of the incident. Make arrangements for the transportation of all involved personnel, witnesses, and/or suspects to Headquarters for statements/interviews. 5. Insure that involved personnel are not questioned or interviewed, except as set forth in this procedure; and that witnesses and suspects are cared for and kept separated. 298 • •• • • • [ . 6. 7. Instruct nonessential personnel to return to service, as soon as practical. In the event an officer is transported to a hospital as a result of an officer-involved shooting, a field supervisor is dispatched to the emergency room to coordinate the officer(s) privacy, security, Investigative interviews, and other visitation with hospital security and patient care supervisors. Adherence to hospital procedures and directives is required of all personnel. .05 INVESTIGATIVE PROCEDURES .06 A. B. c. D. E. F. The evidence technician at the scene has responsibilities for the preliminary protection and disposition of all pertinent evidence until the arrival of the Shooting Team. In exigent circumstances where either the Shooting Team has no evidence specialist available or where evidence must be moved or recorded, the evidence technician at the scene records, photographs, retrieves, and processes all evidence. Upon their arrival on the scene, the Shooting Team assumes primary responsibility to investigate all police officer-involved shootings from preliminary Investigators (normally Homicide or Utility). The Shooting T earn Commander designates an area at Headquarters where the team continues its Investigation. This area becomes a restricted zone for Shooting Team Personnel only. A separate "Command Post" area is established for personnel not directly involved in the investigation, but whose position requires them to be kept abreast of the progress of it. Once the injured officer arrives at the hospital, a shooting team member coordinates interviews or questioning relating to the incident. Officers present at the hospital refrain from discussing details of the case with the injured officer, unless authorized by a Shooting Team member. Information on the investigation is made available to the Public Information Officer for media dispersal by the Shooting Team Commander, or his designee. All findings of the investigation conducted by the Shooting Team are forwarded to the Office of the Bexar County District Attorney. REPORTING RESPONSIBILITIES A. It is the responsibility of each officer involved in the shooting to present all factual information necessary to conduct a thorough investigation. Each officer involved in the shooting should briefly inform the supervisor of the circumstances surrounding the event. 1. An officer is read the Miranda Warning only if under suspicion for a criminal action. Any officer suspected of having criminal intent, who has been read the Miranda Warning, is not required to make any statement, oral or written. 2. An officer Involved in a shooting should not be required to unnecessarily repeat an account of the event. 3. 4. All officers who witness an officer-involved shooting are required to submit a written report on the event. Officers involved in a shooting who have wounded or killed someone, have a departmental member assigned by a supervisor or the Shooting Team Commander, remain with them until the completion of all interviews. This member's primary concern is for the welfare of the officer involved in the shooting, and he refrai!1S from discussing the facts of the incident or interfering with any legal or clerical relationships. 299 B. When two (2) or more officers are involved in a shooting, they are isolated from one another at the scene by a supervisor. The officer(s) are then separately transported to and sequestered within the restricted area at Headquarters. If one or more of the officers desires to consult with counsel prior to writing any reports or answering any questions, one Is provided for him. Officers involved meet separately with the attorney(s). Each officer will again be sequestered for interviews or the writing of any required reports concerning the event. C. Every officer, irrespective of rank, prepares a written report documenting the reason for responding and the actions performed. D. The officer designated to handle the overall reporting responsibilities, upon completion of the Offense Report, submits it to the Shooting Team Commander for review. E. A complete report of the occurrence is forwarded to the Office of the Chief of Police . . 07 POST-EVENT DISPOSITION B. An injured officer, if or when able to return, is placed on limited duty until S.A.P.D. Form No. 172, "Physician Authorization For On-Duty Injury Status," is completed and authorizes the member's return to normal duty. C. In the event a citizen's complaint or evidence of noncriminal misconduct is disclosed or found against an officer involved in a shooting, the complaint is handled by Internal Affairs and forwarded to the Advisory Action Board for review. D. In cases of reported procedural deficiencies, the Internal Audit Unit, at the direction of the Chief of Police, initiates a Critical Issue Audit. 300 • ·l • 1 • ~ - [ • ,) ,, I .05 .06 6. Instruct nonessential personnel to return to service, as soon as practical. 7. In the event an officer is transported to a hospital as a result of an officer-involved shooting, a field supervisor is dispatched to the emergency room to coordinate the officer(s) privacy, security, investigative interviews, and other visitation with hospital security and patient care supervisors. Adherence to hospital procedures and directives is required of all personnel. INVESTIGATIVE PROCEDURES A. The evidence technician at the scene has responsibilities for the preliminary protection and disposition of all pertinent evidence until the arrival of the Shooting Team. In exigent circumstances where either the Shooting Team has no evidence specialist available or where evidence must be moved or recorded, the evidence technician at the scene records, photographs, retrieves, and processes all evidence. B. Upon their arrival on the scene, the Shooting Team assumes primary responsibility to investigate all police officer-involved shootings from preliminary investigators (normally Homicide or Utility). C. The Shooting Team Commander designates an area at Headquarters where the team continues its investigation. This area becomes a restricted zone for Shooting Team Personnel only. A separate "Command Post" area is established for personnel not directly involved in the investigation, but whose position requires them to be kept abreast of the progress . of it. D. Once the injured officer arrives at the hospital, a shooting team member coordinates interviews or questioning relating to the incident. Officers present at the hospital refrain from discussing details of the case with the injured officer, unless authorized by a Shooting Team member. E. Information on the investigation is made available to the Public Information Officer for media dispersal by the Shooting Team Commander, or his designee . F. All findings of the investigation conducted by the Shooting Team are forwarded to the Office of the Bexar County District Attorney. REPORTING RESPONSIBILITIES A. It is the responsibility of each officer involved in the shooting to present all factual information necessary to conduct a thorough investigation. Each officer involved in the shooting should briefly inform the supervisor of the circumstances surrounding the event. 1. An officer is read the Miranda Warning only if under suspicion for a criminal action. Any officer suspected of having criminal intent, who has been read the Miranda Warning, is not required to make any statement, oral or written. 2. 3. 4. An officer Involved in a shooting should not be required to unnecessarily repeat an account of the event. All officers who witness an officer-involved shooting are required to submit a written report on the event. Officers involved in a shooting who have wounded or killed someone, have a departmental member assigned by a supervisor or the Shooting Team Commander, remain with them until the completion of all interviews. This member's primary concern is for the welfare of the officer involved in the shooting, and he refraips from discussing the facts of the incident or interfering with any legal or clerical relationships. 299 8. When two (2) or more officers are involved in a shooting, they are isolated from one another at the scene by a supervisor. The officer(s) are then separately transported to and sequestered within the restricted area at Headquarters. If one or more of the officers desires to consult with counsel prior to writing any reports or answering any questions, one Is provided for him. Officers involved meet separately with the attorney(s). Each officer will again be sequestered for interviews or the writing of any required reports concerning the event. C. Every officer, irrespective of rank, prepares a written report documenting the reason for responding and the actions performed. D. The officer designated to handle the overall reporting responsibilities, upon completion of the Offense Report, submits it to the Shooting Team Commander for review. E. A complete report of the occurrence is forwarded to the Office of the Chief of Police . . 07 POST-EVENT DISPOSITION 8. An injured officer, if or when able to return, is placed on limited duty until S.A.P.D. Form No. 172, "Physician Authorization For On-Duty Injury Status," is completed and authorizes the member's return to normal duty. C. In the event a citizen's complaint or evidence of noncriminal misconduct is disclosed or found against an officer involved in a shooting, the complaint is handled by Internal Affairs and forwarded to the Advisory Action Board for review. D. In cases of reported procedural deficiencies, the Internal Audit Unit, at the direction of the Chief of Police, initiates a Critical Issue Audit. 300 • • • • r t · l .. ~ f • le � . i ~ - • ~ - • ~ · • • • t .01 .02 INTRODUCTION The purpose of this procedure Is to establish a process for officers to follow when handling Aggravated Assaults on Peace Officers/Jail Guards. This procedure assists the officer in gathering evidence that is necessary for the successful prosecution of the suspect(s). PROCEDURE A. B. C. D. E. F . G. H. When an officer has established that an Aggravated Assault on a Peace Officer has occurred and the actor(s) are going to be arrested or filed on for a felony aggravated assault on a peace officer /jail guard, the following guidelines are followed. An attempt should be made to contact a follow-up homicide detectives or night detectives when available. If available, the detective may request that all witnesses, suspects, and complainant(s) be transported to Headquarters for statements and photos. Should follow-up detectives not be available, a copy of all reports are routed to the Homicide Unit. All juveniles fifteen (15) years of age or older who are being arrested for a felony charge of. Aggravated Assault on a Peace Officer/ Jail Guard are photographed in the photo room at Headquarters. If latent fingerprints are involved in the investigation, and the officer has reasonable suspicion to believe that latent prints developed in the investigation are those of a particular juvenile, he may fingerprint the juvenile, regardless of the age. Officers' injuries are photographed as soon as possible. Should an officer be transported to a hospital for medical treatment and a photograph cannot be taken, the officer is advised to contact the Homicide Unit to make arrangements for photographs. Officers, who are complainants, do not write their own offense report. Another officer with jurisdiction is assigned the reporting responsibilities. Officers who are complainants write supplementary reports on the Incident Report Form. Other officers who are witnesses, or who were involved in any part of the incident, write . a supplementary report on the Incident Report. The offense report documents the following information: 1. Complainant's(s'), witness'(es'), and suspect's(s') name(s); 2. Details of the incident; 3. Injuries sustained to the complainant and/or suspect; 4 . Medical treatment received by complainant or suspect; and 5. Photographs of the complainant's (s') or suspect's (s') injuries. In the event the officer/jail guard receives medical treatment, that officer/jail guard signs a medical release form for the District Attorney's Office. The medical release can be signed at the night detective's office or the Homicide Unit's office . 301 I. A field supervisor is dispatched on all Aggravated Assaults on Peace Officer /Jail Guard where an arrest is made. The supervisor writes the proper on-/off-duty injured officer report forms and the Workman's Compensation Form. A copy of the Workman's Compensation Form is forwarded to Homicide Unit to be Included with the case for filing in the District Attorney's Office. 302 • .~ • • • • • .01 .02 .03 llllllllllllllll!lllll l llllf 1111111!1,11111!1 INTRODUCTION This procedure establishes a process to provide for the investigation of motor vehicle accidents. DISCUSSION A. Accident investigation provides statistical information necessary for the development of accident prevention programs to gather evidence to support prosecution of criminal violations and to properly obtain and document facts so those individuals involved can properly exercise their rights under civil law. B. POLICY It is the responsibility of officers assigned to thoroughly investigate traffic accidents in order to provide a complete and accurate accident report. Officers of the San Antonio Police Department respond to and investigate all motor vehicle accidents occurring within the corporate limits of the City of San Antonio regardless of the severity of the accident. .04 RESPONSE A. B. Officers dispatched to an accident scene proceed to the scene as quickly and safely as possible. Should an officer encounter another incident requiring police action while en route, he stops and evaluates the situation and notifies the dispatcher. 1. The dispatcher decides whether the officer proceeds to the original call or handles the incident he encountered . 2. If the officer is directed to the original call, he advises the persons involved in the incident encountered that another officer will be dispatched . . 05 DUTIES AT SCENE A. Upon arrival, the officer parks his vehicle in a manner, utilizing emergency lights and flashers, to provide warning of the accidentto approaching vehicles, to protect persons from bodily injury, and to provide other emergency vehicles access to the scene. B. The initial concern is to determine if persons are injured and request emergency medical service and/or fire rescue units, if necessary . C. When the accident involves a death or the probability of death, a member of the Traffic Investigation Unit and an evidence technician are requested to respond to the scene. D. E. The necessary actions are taken to facilitate and expedite the safe flow of traffic around the accident scene. This includes the use of flares, moving vehicles from the roadway, requesting additional officers for traffic or crowd control, wreckers, sand trucks, public works, and fire units. Locate and identify all drivers, passengers, and witnesses. Interview each separately and distribute S.A.P.D. Form 12-DAR, "Accident Information," to each driver with instructions to complete and exchange the form with other drivers involved . 303 F. Issue drivers S.A.P.D. Form No. 12-D, "Information Card / Charge Filing/ and inform drivers that they may go to municipal court and file charges against the other for traffic violations that were committed which may have caused the accident. Advising them that the filing of charges for traffic violations has no bearing on the civil outcome of the accident. Officers refer to Subsection .12, "Citations and Arrest, .. of this procedure and Procedure 506.00, "Arrest of Traffic Violators,• for guidance in arrests arising from traffic accident investigations. G. Identify and record all Information necessary to complete the accident report. This information includes, but is not limited to, skid marks, traffic signs or signals, vehicle and driver information, insurance information, statements, widths of roadways, weather conditions, and diagram. Diagrams are drawn with a ruler or template. H. Impound vehicles in accordance with Procedure 607.00, .. Impounding Vehicles. 11 I. If a wrecker is called, the wrecker driver clears the street of all debris. If no wrecker is called, it is the officer's responsibility for clearing the debris. irn%%fi __ ,1a1•1•,1111illlltl llJlfflil~~ !S !tJJt!I!lfill-111:if fll~t~!illfim!WllWJ&l{ !lf[ ~ij!!;l§I!filR!gfjj'~@BBfs~lmll!ffl g ;;wr@rn;ii•B\talll llill11 M JW@rnr1111111rillll1 IAY, l.1lfllllllllllltfl .06 FOLLOW UP A. B. In cases where an accident victim is taken to a hospital and information is needed from the victim or the victim's identity needs to be established, the officer assigned the call goes to the hospital. Upon arrival at the hospital the officer contacts the hospital personnel for the identity of the victim and requests to speak with the victim if the victim has information the officer needs for his report. If the victim is at a military hospital, the officer notifies the military police at the installation prior to contacting the victim. The officer assigned the call is responsible for notifying the next of kin in cases where a death is involved. C. The officer assigned the call notifies the San Antonio Police Department PBX Operator of the identity of traffic fatalities and other persons who incur serious debilitating injuries. D . Disposition of prisoners and property is handled in accordance with their respective procedures. . 07 HAZARDOUS MATERIALS A. Accidents involving hazardous materials present circumstances unique to the substance involved and require specific procedures. B. Officers encountering a motor vehicle accident involving a vehicle transporting hazardous materials are directed to the Department of Transportation "Emergency Response Guidebook" for the identification and method of handling the material. 304 • ·~ • l f • r. r f I ~ l • • ~ • • • • • • C. D. E. F. The officer requests a supervisor and response from the San Antonio Fire Department. The San Antonio Fire Department, upon arrival at the scene, takes charge of the scene. The police supervisor provides any assistance requested by the fire department and refers to Procedure 806.00, ·unusual Occurrence Plan,• for guidance . The officer assigned the call maintains the responsibility for the accident and related police reports . . 08 HIT-AND-RUN INVESTIGATION A. B. The duties at the scene of a hit-and-run accident are the same as those for other accidents, except that the following additional duties are required. 1. 2 . A description of the vehicle and driver, the direction of travel, and time lapse are obtained and broadcast as soon as possible; A member of the Traffic Investigation Unit and an evidence technician is requested when a fatality or Failure to Stop and Render Aid is involved; 3. Information needed to complete the Hit-and-Run Supplement is obtained; 4. The complainant is advised to contact the Traffic Investigation Unit for inquiries relating to the follow-up investigation; and 5. Impound and hold hit-and-run vehicles found abandoned in a public place in accordance with Procedure 607.12E, "Impounding Vehicles.• When leaving the scene, the officer assigned the report responsibility drives around the area in an attempt to locate the hit-and-run vehicle . .09 PRIVATE PROPERTY ACCIDENTS A. An officer assigned to investigate a private property accident responds and conducts the investigation in the same manner as accidents occurring on public streets . B. C. D. The accident information is reported on an incident report, except in cases involving a fatality or Failure to Stop and Render Aid. Private property accidents resulting in a fatality are classified as an "Apparent Accidental Death· and reported on an offense report. Private property accidents constituting Failure to Stop and Render Aid are handled in the same manner as other private property accidents except the details are reported on an offense report. E. Persons involved in private property accidents are advised that the department conducts no follow up investigation on private property accidents except Failure to Stop and Render Aid and fatalities . F. The city ordinances governing wrecker service at accidents do not apply to private property accidents and the vehicles may be removed by any means the driver or owner chooses . 305 .10 .11 ACCIDENTS INVOLVING CITY VEHICLES A. When city vehicles, excluding vehicles belonging to the City Public Service Board, City Water Board, and VIA Metropolitan Transit are involved in an accident, the accident is handled in the same manner as other accidents, with the following exceptions. 1. An evidence technician Is dispatched to photograph the scene; 2. A member of Risk Management Is notified to make the scene of all accidents involving city vehicles; 3. The •Report of Accident Involving City Vehicle• form is completed by the evidence technician, except that a police supervisor · completes the report for accidents involving police vehicles; 4. City vehicles, exclusive of fire and police vehicles, are towed to the nearest service center for inspection of any defect claimed by the driver of the vehicle which may have contributed to the accident; and 5. Fire Department vehicles are towed to their vehicle repair shop for inspection of defects claimed by the driver which may have contributed to the accident. B. Drivers of vehicles involved in accidents with a city vehicle are advised the city is self-insured. If they wish to file a claim against the city they must contact the City Clerk's Office. ACCIDENTS INVOLVING POLICE VEHICLES A. Accidents involving police vehicles are handled in the same manner as other city vehicle accidents, with the following exceptions. B. C. 1. An officer, other than the officer involved, is dispatched to handle the report; and 2. A supervisory officer is dispatched to supervise the investigation and obtain the information necessary for his completion of the "Accident Involving City Vehicle• report. In the event the accident renders the police vehicle inoperable and the vehicle is removed from service, the supervisor ensures any portable equipment is removed from the vehicle and property stored. This equipment includes, but is not limited to, the shotgun, radio, and radar equipment. The driver of the police vehicle involved in the accident completes the "Vehicle Accident Report or Loss Notice" and his actions are reviewed by the Advisory Action Board for any potential violation of established Rules and Regulations or Procedure. S fi[W£[•1i --11w,1 B.IJrdlllff-WYI 306 • • • • • , ,; l• t r• ~ . I' ~ . t ~ - ~ I· • � r ~ - " ,. I I r [ • I I r ~ - I l ~ - r • .12 CITATIONS AND ARRESTS A. B. An officer may Issue a traffic citation for traffic violations he witnesses, provided: 1. · The case number of the accident report Is Included In the remarks section of the citation; and 2. A copy of the front page of the accident report Is attached to the original copy of traffic citations Issued for registration, Insurance, and equipment violations. Arrests during the course of an accident investigation are governed by the applicable procedure(s). 307 II ( - [ • , .. ,, . t [ e ~ .. .01 .02 INTRODUCTION A. B. C. This procedure assigns responsibility for the follow-up Investigation, disposition of major offenses, and provides for the immediate notification of follow-up detectives for major offenses reported to the San Antonio Police Department. Information received by officers pertaining to these offenses or suspected offenses is routed to the units Indicated. Information on offenses not listed Is referred to the Crime Analysis Unit . FOLLOW-UP UNIT PENAL CODE OFFENSE PENALTY Fa.LON-lF lNT 22.041 Abandoning or Endangering Child M-A/F-3 /F-2 Youth Services 42.10 Abuse 9f Corpse M-A Burglary Accidental Shooting Homicide 25.031 Agreement to Abduct from Custody F-3 Youth Services 22.02 Aggravated Assault F-1/F-2 Homicide 22.021 Aggravated Sexual Assault F-1 Homicide 20.04 Aggravated Kidnapping F-1/F-2 Homicide 29.03 Aggravated Robbery F-1 Robbery 22.08 Aiding Suicide M-C/F-3 Homicide 28.02 Arson F-1/F-2 Arson 22.01 Assault M-C/M-B/M-A/F-3 Homicide 32.50 Automatic Teller Machine F-3 Forgery 38.11 Bail Jumping/Failure To Appear M-C /M-A/F-3 * 25.01 Bigamy F-3 Homicide 33.02 Breach of Computer Security M-A Theft 30.03 Burglary of Coin-Operated Machine M-A Theft 30.02 Burglary Habitation/Building F-2/F-1 Burglary 30.04 Burglary of a Box Car F-3 Burglary 30.04 Burglary of a Vehicle F-3 Theft 19.03 Capital Murder F-C Homicide 25.03 Interference w / Child Custody F-3 Youth Services 31.03 Concealment/Receiving Stolen Property M-C /M-B /M-A Burglary 32.31 Credit Card Abuse F-3 Forgery 28.03 Criminal Mischief M-C /M-B /M-A/F-3 Burglary 19.07 Criminally Negligent Homicide M-A Homicide 19.07 Criminally Negligent Homicide w /Vehicle M-A Traffcl~ 25.05 Criminal Nonsupport M-A/F-3 Youth Services 32.22 Criminal Simulation M-A Theft 30.05 Criminal Trespass M-A/M-B Burglary 42.11 Cruelty to Animals M-A Burglary City Ord. Curfew Violation M-C Youth Services Dangerous Drugs Act M/F Narcotics 22.03 Deadly Assault on Law Enforcement Officer F-1 Homicide 32.50 Debit Card Abuse F-3 Forgery 32.42 Deceptive Business Practices M-C/M-A Theft 42.09 Desecration of a Venerated Object M-A Burglary 42.01 Disorderly Conduct M-C/M-B Homicide 309 • 42.05 Disrupting a Meeting/Procession M-B Intelligence 42.111 Dog Fighting M-C /M-B /F-3 Burglary 43.251 Employment Harmful to Minors M-A Vice 32.48 Pyramid Scheme M-B Theft 25.04 Enticing a Child M-B Youth Services 38.07 Escape M-A/F-2/F-3 * • 38.10 Escape/Implements for F-2/F-3 * 38.08 Aiding an Escape M-A/F-3 * 38.04 Evading Arrest M-B/M-A/F-3 Traffblrnestig31m 31.03 Extortion M-C /M-B /M-A/F-3 /F-2 Robbery 6701-d (MV-Laws)Sectlon 186 Fleeing or Attempting to Elude M-C Traffbl~ 38.02 Failure to Identify /Witness M-C * • 38.02 Failure to Identify /Fugitive M-B /M-A/F-3 /F-2 * 42.06 Fraudulent Report of Bombs M-A/F-3 Bomb Squad 42.06 Fraudulent Report of Fire M-A/F-3 Fire Department 42.06 Fraudulent Report Other M-A/F-3 Robbery 20.02 False Imprisonment M-B/F-3 Homicide 37.08 False Report to a Peace Officer M-B * • 32.32 False Statement to Obtain Property or Credit M-A Theft 37.12 False Identification as Peace Officer M-B Robbery 32.21 Forgery M-A/F-2/F-3 Forgery 32.36 Fraudulent Transfer of a Motor Vehicle M-B/F-3/F-2 Auto Theft Found Property Burglary 47.02/03 Gambling M-C/M-A Vice 25.07 Harboring a Runaway Child M-A Youth Services 33.03 Harmful Access t, o Computers M-B /M-A/F-3 Theft 42.07 Harassment/Obscene Telephone Call M-B Homicide 38.05 Hindering Apprehension/Prosecution M-A * 38.13 Hindering Proceedings by Disorderty Conduct M-A Intelligence 46.09 Hoax Bomb M-A Bomb Squad 21.06 Homosexual Conduct M-C Homicide 16.021 Illegal Interception M-A Intelligence 37.11 Impersonating Public Servant/Peace Officer M-A/F-3 Robbery 25.02 Incest F-3 Homicide 21.11 Indecency with a Child F-2/F-3 Homicide 21.08 Indecent Exposure M-B Homicide 25.03 Interference with Child Custody F-3 Youth Services 38.16 Interference with Duties of Public Servants M-B Homicide 38.16 Injury to or Interference with Animal Under Control by Peace Officer M-A Burglary 22.012 Intentionally Exposing Another to Aids or HIV F-3 Homicide 28.07 Interference with Railroad Property M-B /M-A/F-3 /F-2 Burglary • 19.05 Involuntary Manslaughter F-3 Homicide 19.05 Involuntary Manslaughter /Vehicle F-3 Traffblrnestig31m 32.41 Issuance of Bad Checks M-C Theft 20.03 Kidnapping F-3 Homicide 42.12 Keeping Vicious Dog M-B Homicide 22.10 Leaving a Child in a Vehicle M-C Youth Services • Lost Property Burglary 31.13 Manufacture, Sale, or Distribution of Television Decoding or Descrambling Device M-A Theft Missing Persons Youth Services 19.02 Murder F-1 Homicide 43.23 Obscenity M-A/F-3 Vice • 43.22 Obscene Display or Distribution M-C Vice 42.03 Obstructing Highway /Passageway M-B Intelligence 37.02/03 Perjury M-A * 46.02 Places Weapons Prohibited F-3 Robbery 310 • r . "' 43.26 Possession or Promotion of Child Pornography F-3 Vice 46.02/03/04/05 Prohibited Weapons M-A/F-3 Robbery 43.02 Prostitution M-B/M-A Vice 43.03 Prostitution/Promotion of M-A/F-3 Vice 43.05 Prostitution/Compelling F-2 Vice ~ - 21.07 Public Lewdness M-A Homicide 31.03 Purse Snatching (No Violence or Injury) F-3 Theft 31 .03 Purse Snatching r,tv /Violence or Injury) F-3 Robbery 31.03 Receiving/Concealment of Stolen Property F-2/F-3 Burglary 22.05 Reckless Conduct M-B Homicide 28.04 Reckless Damage M-C Burglary 1 · 38.03 Resisting Arrest/Search M-A/F-3 * 36.06 Retaliation F-3 * r 32.44 Rigging Publicly Exhibited Contest M-A/F-3 Vice 42.02 Riot M-B Intelligence 29.02 Robbery F-2 Robbery i• 43.24 Sale, Distribution, or Display of Harmful Material to a Minor M-A Vice 25.11 Sale or Purchase of a Child F-3 Youth Services 22.011 Sexual Assault F-2 Homicide 43.25 Sexual Performance by a Child F-2/F-3 Homicide 42.061 Silent or Abusive Calls to 911 M-B/M-A Homicide I• 25.06 Solicitation of a Child F-3 Homicide 38.16 Taking or Attempting to Take Weapon from a Peace Officer F-3 Homicide ,, [ 22.09 Tampering with Consumer Products F-3/F-1 Homicide 37.10 Tampering with Devices Designed to Prevent D.W.I. M-B Traffic lnvestigalb, 37.15 Tampering with Governmental Record M-A/F-3 Forgery • 37.09 Tampering with Physical Evidence M-A * 31.11 Tampering with Identification Numbers M-A/F-3 Theft 31.03 Theft M-C /M-B /M-A/F-2/F-3 Theft 31 .03 Theft of Vehicle/Boat or Trailer F-3/F-2 Auto Theft 31.03 Theft from Person (SEE PURSE SNATCHINGS) F-3 Theft 31.04 Theft of Service M-C/M-B/M-C/F-3/F-2 Theft • 22.07 Terroristic Threats M-B /M-A/F-3 Homicide Texas Alcohol Beverage Commission Violations M /F Vice 31 .12 Unauthorized Use of Television Decoding/ Interception Devices/Cable Descrambling Device M-B/M-A Theft 31.07 Unauthorized Use of a Vehicle F-3 Auto Theft • 46.02 Unlawful Carrying Weapon M-A/F-3 Robbery 16.02 Unlawful Interception/Disclosure of Wire or Oral Communication F-2 Intelligence 46.05 Unlawful Possession of Firearm by Felon F-3 Robbery 16.01 Unlawful Use of Criminal Instrument M/F-3 * TCSA • Violation of Texas Control Substance Act M/F Narcotics 25.08 Violation of Court Order M-B Homicide City Ord. Article 44 76-13 Spray Paint Inhalation M-B Narcotics 19.04 Voluntary Manslaughter F-2 Homicide l · 311 • .03 IMMEDIATE NOTIFICATION ON CERTAIN OFFENSES A. Immediate notification of the follow-up detectives that an offense has occurred takes place in the following situations: 1. Murder; • 2. Criminal Attempt to Commit Murder; 3. Robbery; 4. Sexual Assault; • 5. Sex Offenses involving juvenile victims; l 6. Thefts over $2,000.00; 7. Burglaries over $5,000.00; 8. Safe Burglaries; 9. Confidence Operations; and 10. Any felony investigation in which an arrest has been made. • 8. If the investigation of any offense listed above occurs between the hours of 0745 hours to 1745 hours, the reporting officer is to complete the offense report field notes as soon as possible, return the field notes to headquarters, make a photocopy of field notes, and deliver that copy to the office of the respective follow-up unit. During other hours, he contacts the detective on duty handling that • type of offense, in person or by phone, and relays essential information. * This indicates that the follow-up unit assigned to handle the case is the unit assigned the primary offense. In the event an arrest is made where no follow-up unit is designated, the report is routed to the Crime Analysis Unit. • • • 312 • .01 .02 ~ - • l . r ~ · i' ie .. ~ ' C ' ~ - l INTRODUCTION The San Antonio Police Department and its members must constantly remain at the forefront of Integrity and trust. A perception of iicket fixing" by members can greatly harm the public's view of the department. The practice in any form of misdemeanor or traffic ticket dismissals by members is prohibited, unless it falls within the exceptions provided within this procedure. Members are reminded of Rule and Regulation 3.24 which states in part that members "shall not ... seek the continuance or dismissal of any case on behalf of the defendant in court for any reason." This procedure authorizes dismissal of Class C misdemeanor citations (to include Misdemeanor citations, Traffic tickets, or Parking tickets) only for the purpose of furthering a law enforcement mission, as in the case of "Confidential Informants." PROCEDURE A. Member B. C. 1. Provides a complete report, listing current or previous cases ( case numbers required) that· the informant has supplied information on; and 2. Hand- carries the. original report and- citations to the Unit Commander for approval or disapproval. 3. Any request for informant citation dismissals that is disapproved may not be appealed to a higher authority. Unit Commander 1. Reviews all reports for value and completeness, before submitting to the Section Commander; 2. Upon approval, signs his name, rank, badge number, unit of assignment, and the current date to the report; and 3. Causes the original report and citations to be hand carried to the Section Commander. Section Commander 1. 2. 3. 4. Reviews all requests for value and completeness before forwarding to the Division Commander for final approval; Approves or disapproves request for dismissal; Upon approval signs his name, rank, badge number, section assignment, and the current date to the report; and Causes the original report and citations to be hand carried to the Division Commander. 313 D. Division Commander 1. Maintains a log of all requests for misdemeanor ticket dismissals received by his office; 2. Approves or disapproves all requests for citation dismissals; 3. Signs his name, badge number, rank, office designation, and the current date to the original report; 4. Maintains a copy of the report and tickets; and 5. Causes the original report and tickets to be hand carried to the Chief Prosecutor of Municipal Court for final disposition . . 03 LIMITATION FOR MISDEMEANOR CITATION DISMISSAL A. Dismissal of an informant's citation that is related to the member (spouse, offspring by any manner, or related in any manner by the whole or half blood) is prohibited. B. Members dismissing misdemeanor citations other than as prescribed by this procedure are subject to disciplinary action. 314 • ~ I r - I I ~ · .01 .02 INTRODUCTION The purpose of this procedure is to establish a process for officers to follow when handling Aggravated Assaults on Peace Officers/Jail Guards. This procedure assists the officer in gathering evidence that is necessary for the successful prosecution of the suspect(s). PROCEDURE A. When an officer has established that an Aggravated Assault on a Peace Officer has occurred and the actor(s) are going to be arrested or filed on for a felony aggravated assault on a peace officer /jail guard, the following guidelines are followed. B. C. D. E. F. G. H. An attempt should be made to contact a follow-up homicide detectives or night detectives when available. If available, the detective may request that all witnesses, suspects, and complainant(s) be transported to Headquarters for statements and photos. Should follow-up detectives not be available, a copy of all reports are routed to the Homicide Unit. All juveniles fifteen (15) years of age or older who are being arrested for a felony charge of Aggravated Assault on a Peace Officer/ Jail Guard are photographed in the photo room at Headquarters. If latent fingerprints are involved in the investigation, and the officer has reasonable suspicion to believe that latent prints developed in the investigation are those of a particular juvenile, he may fingerprint the juvenile, regardless of the age. Officers' injuries are photographed as soon as possible. Should an officer be transported to a hospital for medical treatment and a photograph cannot be taken, the officer is advised to contact the Homicide Unit to make arrangements for photographs. Officers, who are complainants, do not write their own offense report. Another officer with jurisdiction is assigned the reporting responsibilities. Officers who are complainants write supplementary reports on the Incident Report Form. Other officers who are witnesses, or who were involved in any part of the incident, write -a supplementary report on the Incident Report. The offense report documents the following information: 1. Complainant's(s'), witness'(es'), and suspect's(s') name(s); 2. Details of the incident; 3. Injuries sustained to the complainant and/or suspect; 4. 5. Medical treatment received by complainant or suspect; and Photographs of the complainant's (s') or suspect's (s') injuries. In the event the officer /jail guard receives medical treatment, that officer /jail guard signs a medical release form for the District Attorney's Office. The medical release can be signed at the night detective's office or the Homicide Unit's office. 301 I. A field supervisor is dispatched on all Aggravated Assaults on Peace Officer /Jail Guard where an arrest is made. The supervisor writes the proper on-/off-duty injured officer report forms and the Workman's Compensation Form. A copy of the Workman's Compensation Form is forwarded to Homicide Unit to be Included with the case for filing in the District Attorney's Office. 302 • • • .01 .02 .03 .04 .05 llf l!llllilillll'illlltll• IIIIIIIIIIIIIIIIIIII INTRODUCTION This procedure establishes a process to provide for the investigation of motor vehicle accidents. DISCUSSION A. Accident investigation provides statistical information necessary for the development of accident prevention programs to gather evidence to support prosecution of criminal violations and to properly obtain and document facts so those individuals involved can properly exercise their rights under civil law. B. It is the responsibility of officers assigned to thoroughly investigate traffic accidents in order to provide a complete and accurate accident report. POLICY Officers of the San Antonio Police Department respond to and investigate all motor vehicle accidents occurring within the corporate limits of the City of San Antonio regardless of the severity of the accident. RESPONSE A. B. Officers dispatched to an accident scene proceed to the scene as quickly and safely as possible. Should an officer encounter another incident requiring police action while en route, he stops and evaluates the situation and notifies the dispatcher. 1. The dispatcher decides whether the officer proceeds to the original call or handles the incident he encountered. 2. If the officer is directed to the original call, he advises the persons involved in the incident encountered that another officer will be dispatched. DUTIES AT SCENE A. Upon arrival, the officer parks his vehicle in a manner, utilizing emergency lights and flashers, to provide warning of the accidentto approaching vehicles, to protect persons from bodily injury, and to provide other emergency vehicles access to the scene. B. The initial concern is to determine if persons are injured and request emergency medical service and/or fire rescue units, if necessary. C. D. E. When the accident involves a death or the probability of death, a member of the Traffic Investigation Unit and an evidence technician are requested to respond to the scene. The necessary actions are taken to facilitate and expedite the safe flow of traffic around the accident scene. This includes the use of flares, moving vehicles from the roadway, requesting additional officers for traffic or crowd control, wreckers, sand trucks, public works, and fire units. Locate and identify all drivers, passengers, and witnesses. Interview each separately and distribute S.A.P.D. Form 12-DAR, •Accident Information; to each driver with instructions to complete and exchange the form with other drivers involved. 303 F. Issue drivers S.A.P.D. Form No. 12-D, "Information Card / Charge Filing," and inform drivers that they may go to municipal court and file charges against the other for traffic violations that were committed which may have caused the accident. Advising them that the filing of charges for traffic violations has no bearing on the civil outcome of the accident. Officers refer to Subsection .12, "Citations and Arrest," of this procedure and Procedure 506.00, "Arrest of Traffic Violators,• for guidance in arrests arising from traffic accident investigations. G. Identify and record all Information necessary to complete the accident report. This information includes, but is not limited to, skid marks, traffic signs or signals, vehicle and driver information, insurance information, statements, widths of roadways, weather conditions, and diagram. Diagrams are drawn with a ruler or template. H. Impound vehicles in accordance with Procedure 607.00, "Impounding Vehicles." I. If a wrecker is called, the wrecker driver clears the street of all debris. If no wrecker is called, it is the officer's responsibility for clearing the debris. [@jfilH{lllll.Wl•1-,1-t1"1Y. i-rllffil j§mffiffl 1 1111t1Ji111n,,a,t1 a,•; @11ifl!11nm1m:I§iJPj[~filii!i!.tm1E,-.meemf!!111 !fffl Mi lU!I@illll.11.llllllidlll411111illlllll I& .06 FOLLOW UP A. B. In cases where an accident victim is taken to a hospital and information is needed from the victim or the victim's identity needs to be established, the officer assigned the call goes to the hospital. Upon arrival at the hospital the officer contacts the hospital personnel for the identity of the victim and requests to speak with the victim if the victim has information the officer needs for his report. If the victim is at a military hospital, the officer notifies the military police at the installation prior to contacting the victim. The officer assigned the call is responsible for notifying the next of kin in cases where a death is involved. C. The officer assigned the call notifies the San Antonio Police Department PBX Operator of the identity of traffic fatalities and other persons who incur serious debilitating injuries. D . Disposition of prisoners and property Is handled In accordance with their respective procedures. . 07 HAZARDOUS MATERIALS A. Accidents involving hazardous materials present circumstances unique to the substance involved and require specific procedures. B. Officers encountering a motor vehicle accident involving a vehicle transporting hazardous materials are directed to the Department of Transportation "Emergency Response Guidebook" for the identification and method of handling the material. 304 • ~ · ~ - ~ - a t • ' \ . ~ , C. The officer requests a supervisor and response from the San Antonio Fire Department. D. The San Antonio Fire Department, upon arrival at the scene, takes charge of the scene. E. The police supervisor provides any assistance requested by the fire department and refers to Procedure 806.00, ·unusual Occurrence Plan,· for guidance. F. The officer assigned the call maintains the responsibility for the accident and related police reports . . 08 HIT-AND-RUN INVESTIGATION .09 A. B. The duties at the scene of a hit-and-run accident are the same as those for other accidents, except that the following additional duties are required. 1. 2. 3 . 4. 5. A description of the vehicle and driver, the direction of travel, and time lapse are obtained and broadcast as soon as possible; A member of the Traffic Investigation Unit and an evidence technician is requested when a fatality or Failure to Stop and Render Aid is involved; Information needed to complete the Hit-and-Run Supplement is obtained; The complainant is advised to contact the Traffic Investigation Unit for inquiries relating to the follow-up investigation; and Impound and hold hit-and-run vehicles found abandoned in a public place in accordance with Procedure 607.12E, "Impounding Vehicles." When leaving the scene, the officer assigned the report responsibility drives around the area in an attempt to locate the hit-and-run vehicle. PRIVATE PROPERTY ACCIDENTS A. An officer assigned to investigate a private property accident responds and conducts the investigation in the same manner as accidents occurring on public streets. B. The accident information is reported on an incident report, except in cases involving a fatality or Failure to Stop and Render Aid. C. Private property accidents resulting in a fatality are classified as an "Apparent Accidental Death· and reported on an offense report. D. Private property accidents constituting Failure to Stop and Render Aid are handled in the same manner as other private property accidents except the details are reported on an offense report. E. Persons involved in private property accidents are advised that the department conducts no follow up investigation on private property accidents except Failure to Stop and Render Aid and fatalities. F. The city ordinances governing wrecker service at accidents do not apply to private property accidents and the vehicles may be removed by any means the driver or owner chooses. 305 .10 ACCIDENTS INVOLVING CITY VEHICLES A. When city vehicles, excluding vehicles belonging to the City Public Service Board, City Water Board, and VIA Metropolitan Transit are involved in an accident, the accident is handled in the same manner as other accidents, with the following exceptions. 1. An evidence technician Is dispatched to photograph the scene; 2. A member of Risk Management Is notified to make the scene of all accidents Involving city vehicles; 3. The •Report of Accident Involving City Vehicle• form is completed by the evidence technician, except that a police supervisor · completes the report for accidents involving police vehicles; 4. City vehicles, exclusive of fire and police vehicles, are towed to the nearest service center for inspection of any defect claimed by the driver of the vehicle which may have contributed to the accident; and 5. Fire Department vehicles are towed to their vehicle repair shop for inspection of defects claimed by the driver which may have contributed to the accident. 8. Drivers of vehicles involved in accidents with a city vehicle are advised the city is self-insured. If they wish to file a claim against the city they must contact the City Clerk's Office . . 11 ACCIDENTS INVOLVING POLICE VEHICLES A. Accidents involving police vehicles are handled in the same manner as other city vehicle accidents, with the following exceptions. 8. C. 1. An officer, other than the officer involved, is dispatched to handle the report; and 2. A supervisory officer is dispatched to supervise the investigation and obtain the information necessary for his completion of the "Accident Involving City Vehicle• report. In the event the accident renders the police vehicle inoperable and the vehicle is removed from service, the supervisor ensures any portable equipment is removed from the vehicle and property stored. This equipment includes, but is not limited to, the shotgun, radio, and radar equipment. The driver of the police vehicle involved in the accident completes the "Vehicle Accident Report or Loss Notice" and his actions are reviewed by the Advisory Action Board for any potential violation of established Rules and Regulations or Procedure. ! f.ffi:lt.ttt•1r•1•--,, 1l 1 lll1tlll•11111 306 • l .1 ! • • • • ~ t : • • l .12 CITATIONS AND ARRESTS A. An officer may Issue a traffic citation for traffic violations he witnesses, provided: 1. 2. · The case number of the accident report Is Included in the remarks section of the citation; and A copy of the front page of the accident report is attached to the original copy of traffic citations Issued for registration, Insurance, and equipment violations. B. Arrests during the course of an accident investigation are governed by the applicable procedure(s) . 307 • ~ - t ( . ~ I ' ~ I • ... I .01 .02 INTRODUCTION A. This procedure assigns responsibility for the follow-up investigation, disposition of major offenses, and provides for the immediate notification of follow-up detectives for major offenses reported to the San Antonio Police Department. B. Information received by officers pertaining to these offenses or suspected offenses is routed to the units Indicated. C. Information on offenses not listed is referred to the Crime Analysis Unit. FOLLOW-UP UNIT PENAL CODE OFFENSE PENALTY Fa.LON-LP lNT 22.041 Abandoning or Endangering Child M-A/F-3 /F-2 Youth Services 42.10 Abuse c;>f Corpse M-A Burglary Accidental Shooting Homicide 25.031 Agreement to Abduct from Custody F-3 Youth Services 22.02 Aggravated Assault F-1/F-2 Homicide 22.021 Aggravated Sexual Assault F-1 Homicide 20.04 Aggravated Kidnapping F-1/F-2 Homicide 29.03 Aggravated Robbery F-1 Robbery 22.08 Aiding Suicide M-C/F-3 Homicide 28.02 Arson F-1/F-2 Arson 22.01 Assault M-C /M-B /M-A/F-3 Homicide 32.50 Automatic Teller Machine F-3 Forgery 38.11 Bail Jumping/Failure To Appear M-C /M-A/F-3 * 25.01 Bigamy F-3 Homicide 33.02 Breach of Computer Security M-A Theft 30.03 Burglary of Coin-Operated Machine M-A Theft 30.02 Burglary Habitation/Building F-2/F-1 Burglary 30.04 Burglary of a Box Car F-3 Burglary 30.04 Burglary of a Vehicle F-3 Theft 19.03 Capital Murder F-C Homicide 25.03 Interference w / Child Custody F-3 Youth Services 31.03 Concealment/Receiving Stolen Property M-C /M-B /M-A Burglary 32.31 Credit Card Abuse F-3 Forgery 28.03 Criminal Mischief M-C /M-B /M-A/F-3 Burglary 19.07 Criminally Negligent Homicide M-A Homicide 19.07 Criminally Negligent Homicide w /Vehicle M-A TraffclrtJeStgatb, 25.05 Criminal Nonsupport M-A/F-3 Youth Services 32.22 Criminal Simulation M-A Theft 30.05 Criminal Trespass M-A/M-B Burglary 42.11 Cruelty to Animals M-A Burglary City Ord. Curfew Violation M-C Youth Services Dangerous Drugs Act M/F Narcotics 22.03 Deadly Assault on Law Enforcement Officer F-1 Homicide 32.50 Debit Card Abuse F-3 Forgery 32.42 Deceptive Business Practices M-C/M-A Theft 42.09 Desecration of a Venerated Object M-A Burglary 42.01 Disorderty Conduct M-C/M-B Homicide 309 • 42.05 Disrupting a Meeting/Procession M-B Intelligence 42.111 Dog Fighting M-C /M-B /F-3 Burglary 43.251 Employment Harmful to Minors M-A Vice 32.48 Pyramid Scheme M-B Theft 25.04 Enticing a Child M-B Youth Services 38.07 Escape M-A/F-2/F-3 * • 38.10 Escape/Implements for F-2/F-3 * 38.08 Aiding an Escape M-A/F-3 * 38.04 Evading Arrest M-B /M-A/F-3 Traffic I~ 31.03 Extortion M-C /M-B /M-A/F-3 /F-2 Robbery 6701-d (MV-Laws)Section 186 Fleeing or Attempting to Elude M-C Traffic I~ 38.02 Failure to Identify /Witness M-C * 38.02 Failure to Identify /Fugitive M-B/M-A/F-3/F-2 * 42.06 Fraudulent Report of Bombs M-A/F-3 Bomb Squad 42.06 Fraudulent Report of Fire M-A/F-3 Fire Department 42.06 Fraudulent Report Other M-A/F-3 Robbery 20.02 False Imprisonment M-B/F-3 Homicide 37.08 False Report to a Peace Officer M-B * 32.32 False Statement to Obtain Property or Credit M-A Theft 37.12 False Identification as Peace Officer M-B Robbery 32.21 Forgery M-A/F-2/F-3 Forgery 32.36 Fraudulent Transfer of a Motor Vehicle M-B/F-3/F-2 Auto Theft Found Property Burglary 47.02/03 Gambling M-C/M-A Vice 25.07 Harboring a Runaway Child M-A Youth Services 33.03 Harmful Access t. o Computers M-B /M-A/F-3 Theft 42.07 Harassment/Obscene Telephone Call M-B Homicide 38.05 Hindering Apprehension/Prosecution M-A * 38.13 Hindering Proceedings by Disorderly Conduct M-A Intelligence 46.09 Hoax Bomb M-A Bomb Squad 21.06 Homosexual Conduct M-C Homicide 16.021 Illegal Interception M-A Intelligence 37.11 Impersonating Public Servant/Peace Officer M-A/F-3 Robbery 25.02 lncesf F-3 Homicide 21.11 Indecency with a Child F-2/F-3 Homicide 21.08 Indecent Exposure M-B Homicide 25.03 Interference with Child Custody F-3 Youth Services 38.16 Interference with Duties of Public Servants M-B Homicide 38.16 Injury to or Interference with Animal Under Control by Peace Officer M-A Burglary 22.012 Intentionally Exposing Another to Aids or HIV F-3 Homicide 28.07 Interference with Railroad Property M-8 /M-A/F-3 /F-2 Burglary 19.05 Involuntary Manslaughter F-3 Homicide 19.05 Involuntary Manslaughter /Vehicle F-3 Traffic I~ 32.41 Issuance of Bad Checks M-C Theft 20.03 Kidnapping F-3 Homicide 42.12 Keeping Vicious Dog M-B Homicide 22.10 Leaving a Child in a Vehicle M-C Youth Services Lost Property Burglary 31.13 Manufacture, Sale, or Distribution of Television Decoding or Descrambling Device M-A Theft Missing Persons Youth Services 19.02 Murder F-1 Homicide 43.23 Obscenity M-A/F-3 Vice • 43.22 Obscene Display or Distribution M-C Vice 42.03 Obstructing Highway /Passageway M-8 Intelligence 37.02/03 Perjury M-A * 46.02 Places Weapons Prohibited F-3 Robbery 310 • I ~ ~ . � ' ~ . • ' r ~ · ~ · " 43.26 Possession or Promotion of Child Pornography F-3 46.02/03/04/05 Prohibited Weapons M-A/F-3 43.02 Prostitution M-B /M-A 43.03 Prostitution/Promotion of M-A/F-3 43.05 Prostitution/Compelling F-2 21.07 Public Lewdness M-A 31.03 Purse Snatching (No Violence or Injury) F-3 31.03 Purse Snatching (Yv /Violence or Injury) F-3 31.03 Receiving/Concealment of Stolen Property F-2/F-3 22.05 Reckless Conduct M-B 28.04 Reckless Damage M-C 38.03 Resisting Arrest/Search M-A/F-3 36.06 Retaliation F-3 32.44 Rigging Publicly Exhibited Contest M-A/F-3 42.02 Riot M-B 29.02 Robbery F-2 43.24 Sale, Distribution, or Display of Harmful 25.11 22.011 43.25 42.061 25.06 38.16 22.09 37.10 Material to a Minor Sale or Purchase of a Child Sexual Assault Sexual Performance by a Child Silent or Abusive Calls to 911 Solicitation of a Child Taking or Attempting to Take Weapon from a Peace Officer Tampering with Consumer Products Tampering with Devices Designed M-A F-3 F-2 F-2/F-3 M-B/M-A F-3 F-3 F-3/F-1 Vice Robbery Vice Vice Vice Homicide Theft Robbery Burglary Homicide Burglary * * Vice Intelligence Robbery Vice Youth Services Homicide Homicide Homicide Homicide Homicide Homicide to Prevent D.W.I. M-B Traffic lnvestigatm 37.15 37.09 31.11 31.03 31.03 31 .03 31.04 22.07 31.12 31 .07 46.02 16.02 46.05 16.01 TCSA 25.08 City Ord. Tampering with Governmental Record M-A/F-3 Forgery Tampering with Physical Evidence M-A * Tampering with Identification Numbers M-A/F-3 Theft Theft M-C/M-B/M-A/F-2/F-3 Theft Theft of Vehicle/Boat or Trailer F-3/F-2 Auto Theft Theft from Person {SEE PURSE SNATCHINGS) F-3 Theft Theft of Service M-C /M-B /M-C /F-3 /F-2 Theft Terroristic Threats M-B/M-A/F-3 Homicide Texas Alcohol Beverage Commission Violations M /F Vice Unauthorized Use of Television Decoding/ Interception Devices/Cable Descrambling Device Unauthorized Use of a Vehicle Unlawful Carrying Weapon Unlawful Interception/Disclosure of Wire or Oral Communication Unlawful Possession of Firearm by Felon Unlawful Use of Criminal Instrument · Violation of Texas Control Substance Act Violation of Court Order M-B/M-A F-3 M-A/F-3 F-2 F-3 M/F-3 M/F M-B Theft Auto Theft Robbery Intelligence Robbery * Narcotics Homicide Article 4476-13 Spray Paint Inhalation M-B F-2 Narcotics Homicide 19.04 Voluntary Manslaughter 311 . 03 IMMEDIATE NOTIFICATION ON CERTAIN OFFENSES A. B. * Immediate notification of the follow-up detectives that an offense has occurred takes place in the following situations: 1. Murder; 2. Criminal Attempt to Commit Murder; 3. Robbery; 4. Sexual Assault; 5. Sex Offenses involving juvenile victims; 6. Thefts over $2,000.00; 7. Burglaries over $5,000.00; 8. Safe Burglaries; 9. Confidence Operations; and 10. Any felony investigation in which an arrest has been made. If the investigation of any offense listed above occurs between the hours of 07 45 hours to 17 45 hours, the reporting officer is to complete the offense report field notes as soon as possible, return the field notes to headquarters, make a photocopy of field notes, and deliver that copy to the office of the respective follow-up unit. During other hours, he contacts the detective on duty handling that type of offense, in person or by phone, and relays essential information. This indicates that the follow-up unit assigned to handle the case is the unit assigned the primary offense. In the event an arrest is made where no follow-up unit is designated, the report is routed to the Crime Analysis Unit. 312 • • • ' ~ - · ' • • ~ · · • .. l r :e t ~ - ! r t ~ r e t i '- .01 .02 INTRODUCTION The San Antonio Police Department and its members must constantly remain at the forefront of Integrity and trust. A perception of iicket fixing" by members can greatly harm the public's view of the department. The practice in any form of misdemeanor or traffic ticket dismissals by members is prohibited, unless it falls within the exceptions provided within this procedure. Members are reminded of Rule and Regulation 3.24 which states in part that members "shall not ... seek the continuance or dismissal of any case on behalf of the defendant in court for any reason." This procedure authorizes dismissal of Class C misdemeanor citations (to include Misdemeanor citations, Traffic tickets, or Parking tickets) only for the purpose of furthering a law enforcement mission, as in the case of "Confidential Informants." PROCEDURE A. Member 1 . 2. 3. Provides a complete report, listing current or previous cases (case numbers required) that the informant has supplied information on; and Hand carries the. original report and citations to the Unit Commander for approval or disapproval. Any request for informant citation dismissals that is disapproved may not be appealed to a higher authority. B. Unit Commander C. 1. Reviews all reports for value and completeness, before submitting to the Section Commander; 2. Upon approval, signs his name, rank, badge number, unit of assignment, and the current date to the report; and 3. Causes the original report and citations to be hand carried to the Section Commander. Section Commander 1. 2. 3. Reviews all requests for value and completeness before forwarding to the Division Commander for final approval; Approves or disapproves request for dismissal; Upon approval signs his name, rank, badge number, section assignment, and the current date to the report; and 4. Causes the original report and citations to be hand carried to the Division Commander. 313 .03 D. Division Commander 1. Maintains a log of all requests for misdemeanor ticket dismissals received by his office; 2. Approves or disapproves all requests for citation dismissals; 3. Signs his name, badge number, rank, office designation, and the current date to the original report; 4. Maintains a copy of the report and tickets; and 5. Causes the original report and tickets to be hand carried to the Chief Prosecutor of Municipal Court for final disposition. LIMITATION FOR MISDEMEANOR CITATION DISMISSAL A. B. Dismissal of an informant's citation that is related to the member (spouse, offspring by any manner, or related in any manner by the whole or half blood) Is prohibited. Members dismissing misdemeanor citations other than as prescribed by this procedure are subject to disciplinary action. 314 • • .l j • ' t ~ - , ~ - ~ ' ~ t • • i' • .,) I i i r . .01 .02 INTRODUCTION The purpose of this procedure is to establish a process for the preliminary identification of suspected controlled substances. DEFINITIONS A. B. C. "Probable Cause Identification" means the preliminary identification of a substance as a controlled substance by means of a reagent test or visual comparison for the purpose of determining if a criminal offense has been committed. "Controlled Substance" means a substance, including a drug and an immediate precursor, listed in Schedules I through V or Penalty Groups 1 through 4 of Title 6, Subtitle C, Chapter 481, Subchapter Band D, of the Texas Health and Safety Code. "Trained Member'', as used in this procedure, means an employee of the San Antonio Police Department who has successfully completed a course of instruction in the identification of controlled substances by means of reagent and/or visual comparison test(s) . . 03 PROBABLE CAUSE IDENTIFICATION OF SUSPECTED CONTROLLED SUBSTANCES A. B. C. D. E. Officers, who suspect a substance contains or consists of a controlled substance and require a probable cause identification of the substance to establish probable cause for an offense under the Texas Controlled Substances Act, shall request a trained member of the Narcotics Unit, Repeat Offenders Program, or Evidence Unit to conduct a preliminary identification of the substance. The probable cause identification of suspected controlled substances shall take place at the location where the suspect was stopped, unless the suspect is under arrest for another offense, in which case the probable cause identification may take place at the location of the stop, a police department facility, or the detention facility. The preliminary identification of the substance and any subsequent criminal charge shall be based on the determination of the trained member's findings. In the event the probable cause identification is inconclusive or there is no trained member available to perform the probable cause identification: 1. 2. The suspect is not booked for the suspected offense; The substance is placed in the property room for laboratory testing by the Regional Crime Laboratory; 3. The officer prepares an Incident Report with the details of the stop, a description of the suspected substance, his disposition of the substance, the identification and disposition of the suspected person, and the findings of any preliminary identification; and 4. In the event the substance is later identified as a controlled substance, a criminal charge and Offense Report is prepared by the Narcotics Unit with the suspect at large. All substances identified as a controlled substance as a result of a preliminary identification are submitted to the Regional Crime Laboratory for confirmatory testing. 315 t ___________ _ .04 F. Trained members who perform a probable cause Identification of a suspected controlled substance, prepare and submit a supplemental report detailing their findings and determination. A copy of the · supplemental report is routed to the Narcotics Unit. TRAINING AND AVAILABILITY OF EVIDENCE TECHNICIANS AND DETECTIVES A. Individual unit commanders assigned to the Evidence, Narcotics and R.O.P. Units are responsible for ensuring that members assigned to their respective units successfully complete a course of instruction in the preliminary identification of controlled substances. B. C. The commander of the Evidence Unit shall ensure a sufficient number of trained evidence technicians are assigned and deployed to each shift to allow for the availability of a trained member on a twenty-four (24) hour basis. Individual unit commanders assigned to the Evidence, Narcotics and R.0.P. Units are responsible for ensuring that the necessary supplies and documents are procured and available in sufficient quantity to trained members for the accomplishment of this task. 316 • • • • • • • • • • • • • • :e l , . t � men 3m (1) 0 ... -I (Q - (1) 0 ::::J z C, '< (X) oo -c 0 (1) --c Q) ,.. -· 0 ::J ti) • • i r ~ - i : • t i' ~ t I · ,,. t •' i- .01 INTRODUCTION .02 .03 A. B. C. This plan is designed to provide guidance for police response during an unusual occurrence. It can be applied to a variety of incidents and command personnel may find the need to deviate from it to address obstacles arising during the occurrence. Additionally, this procedure allows for the command of an unusual occurrence by one of the Deputy Chiefs assigned to the Patrol or Traffic Divisions with minimal disruption to the command of patrol, support, and investigative services. This plan is designed to augment the Critical Incident, Bomb Incident, Crowd Control / Event Management, and Mobilization Procedures. D. All Division Commanders, Night and Weekend Commanders, and Executive Officers are responsible for maintaining a current and revised copy of the Emergency Operations Plan for the City of San Antonio, familiarizing themselves and their subordinates with the Police Department's role in the plan, and being prepared to operate within the scope of the plan. DEFINITIONS A. 8. C. D. E. "Unusual Occurrence" means an emergency situation that is of such a significant magnitude so as to compel the recall of personnel, or support from other agencies in order to protect life and property, prevent escalation, and restore order. Unusual Occurrences include Critical Incidents, Civil Disturbances, and Natural and Manmade Disasters. "Critical Incident" means a high risk situation that imminently pose a continuing threat of death or serious bodily injury to any person, by any person, and includes Hostage Incidents, Barricaded Individuals, Terrorist Actions, Sniper Incidents, Bomb Incidents, and High Risk Suicide Situations. "Civil Disturbance" means any domestic emergency such as a demonstration, strike, riot, and/or public panic which has the potential of causing casualties or major damage to property. "Natural Disaster'' means the damaging effects of hurricanes, tornadoes, windstorms, thunderstorms, floods, earthquakes, or other natural phenomena. "Manmade Disaster'' means the threat to public safety created by fire, conventional or nuclear explosion, air crash, accidents involving hazardous materials, train mishaps, and/or utility outages or shortages. INITIAL RESPONSE A. Patrol officers, as the initial responders to Unusual Occurrences, have several important functions that are essential to the effective management and control of the event. The major tasks that must be performed are as follows: 1. 2. 3. Assessing and reporting the approximate nature, size, and location of the occurrence; Identifying and controlling the inner and outer perimeters of the scene; Defining entrance and exit routes for emergency vehicles and personnel; 317 .04 4. Determining the location of any injured or dead persons; 5. Assisting the Fire Department with rescue efforts; 6. Coordinating any evacuation efforts with the Fire Department; 7. Mobilizing sufficient resources to control the situation; 8. Preventing the loss of life and property; and 9. Preserving the scene for identification and evidence. B. The first arriving officer on the scene makes a situation report to the dispatcher. The dispatcher directs responding units to the location, maintaining radio liaison with the field supervisor, to establish crowd and traffic control. C. D. Responding officers request assignment positions from the officer at the scene. In other than life saving efforts, these assignments are directed towards establishing control of the situation. Arriving officers park their vehicles to allow rescue and other emergency vehicles unrestricted entrance and exit routes to the scene. The first arriving supervisor assumes command of the police activity, assesses the situation, reports the manpower and equipment needs, establishes a field command post, and requests the notification of the appropriate response teams and command personnel. E. The first arriving supervisor remains in control of the scene until he is relieved by a supervisor of a higher rank. When relieved, he briefs the higher ranking supervisor of the situation and his preceding actions. He requests assignment to another position within the field command. SCENE ASSESSMENT A. The nature and extent of the occurrence must be identified as soon as possible to determine the appropriate level of response. This includes the type and location of any: B. 1. Fires; 2. Structural Damage; 3. Damaged Utilities; 4. Hazardous Chemicals or Materials; 5. Terrorist Activity; 6. Hostage Situation; 7. Explosions; or 8. Riotous or Unruly Crowds. As accurately as possible the perimeter boundaries and the number of personnel required to control access to the scene must be made. Additionally, an assessment of the availability of on-duty personnel and any need for special response teams must be accomplished, with the required response teams notified. If more personnel are needed than can be utilized from the on-duty shifts, Procedure 806.00, "Mobilization," may be implemented. 318 • • • • • • • • • • • ' ~ t f ~ · l r • • l ~ t .05 .06 EVACUATIONS A. In the event there is a necessity for evacuation of any area, the Incident Commander: 1. Assigns an officer of supervisory rank to maintain liaison with other agencies involved; 2. 3. a. The efforts of the Police and Fire Departments are closely coordinated. b. The American Red Cross may be contacted to set up evacuation centers and provide assistance to displaced persons. Determines if the evacuation is voluntary or mandatory: a. Voluntary Evacuation means a warning is given to persons within the defined area that a threat to life and property exists. Individuals issued this warning are not required to evacuate. b. Mandatory Evacuation means a warning is given to persons within the defined area that an imminent threat to life and property exists. Individuals issued this warning must evacuate in accordance with the directives of the Incident Commander. c. Regardless of the type of evacuation the warning should include: (1 ). (2). (3). The best route out of the area; The location of evacuation centers; The anticipated duration of the emergency; and (4). The amount of time remaining before the situation becomes critical. Divides the area into sections, assigning units to evacuate specific sections, working from the incident outward; 4. Establishes and maintains the inner perimeter, prohibiting unauthorized persons from entering; 5. Assigns the necessary personnel for inner perimeter patrol, to safeguard the properties vacated; and 6. Establishes a limited access area, allowing residents, press, owners, and managers of business-limited entrance. B. Evacuation units should record the names, addresses, and ages of persons evacuated and of persons who choose to remain in their homes or businesses during voluntary evacuations. C. In some instances it may better serve the public safety to have persons remain isolated within their homes or businesses in lieu of evacuating them. D. The Incident Commander may request radio and television stations to broadcast the evacuation information. HAZARDOUS MATERIAL INCIDENTS A. Hazardous materials present unique circumstances and require specialized instruction. The Fire Department has principal responsibility for determining the necessary course of action. The Police Department's role during these situations consists of perimeter control, security, and support of the Fire Department's operations. 319 B. The following instructions are provided to ensure restricted access to defined areas. 1. A hot zone (inner perimeter) surrounds the contaminated area. It is established and access irito this zone is controlled by the Fire Department. Access is restricted to one point and to essential personnel · for activity related ~o mitigating the incident. 2. A warm zone (outer perimeter) is the area which may become endangered if the contamination emergency is not quick1y controlled or if the wind shifts direction. This zone is defined by the Fire Department, with entry limited to personnel authorized by the Fire Department through one point. .07 FIELD COMMAND POST ACTIVATION A A field command post is established for all unusual occurrences and critical incidents which require a major commitment of departmental resources for an extended period of time. A field command post may be established by the Incident Commander for any event or occurrence regardless of the size of the operation. B. C. A field command post preforms the vital tasks of commanding the operation, maintaining a system of communications, acquiring additional personnel and equipment, accumulating, utilizing and disseminating intelligence information, and coordinating efforts with other agencies. Once a field command post is established, it remains operational until the situation has stabilized· and order is restored. The deactivation of the command post is by the Incident Commander. D. In the event the City of San Antonio Emergency Operations Center is activated, the EOC becomes the principal command center and the field command post becomes a subordinate command . . 08 FIELD COMMAND POST SITE SELECTION A The location for a field command post is selected by the Incident Commander. It should be in the vicinity of the occurrence with consideration of the following factors: 1. A location strategic to the incident; 2. A site readily located and accessible to responding personnel; 3. Sufficient space to accommodate personnel and their vehicles; 4. Availability of public services (i.e., telephone, electrical, water, and restroom facilities); and 5. Security and defense. B. In events requiring a large number of personnel or those which continue for an extended period of time, it may be necessary to establish a staging area separate from the field command post. This allows the command operations to remain free from disruption . . 09 TACTICAL COMMAND POST A In critical incidents, tactical command posts are established to exercise direct control over the inner perimeter and special operations personnel. The tactical command post is at all times under the direction of the field command post. B. The tactical command post may be co-established with the field command post, or separated to provide a more strategic location to the incident. 320 • • • • • • • • t le t ~ - l r ~ · ' r , l ~ · ! · • i : • l .10 ORGANIZATION A. Field command posts include the following command and staff personnel as the situation's requirements dictate. 1. Incident Commander is the ranking officer who is notified and responds to the unusual occurrence in accordance with Procedure 314.00, •command Notification." The Incident Commander is responsible for: a. The implementation or recommendation for implementation of Mobilization Phases according to Procedure 806.00, "Mobilization;" and b. The overall operation and direction of individual units assigned to the event or occurrence, including all Special Operation Units (tactical, negotiations, bomb squad, etc.) deployed. 2. Tactical Commander is the ranking officer assigned to the Special Operations Unit. The Tactical Commander is responsible for: 3. 4. 5. 6. a. The direction and control of the personnel assigned to the inner perimeter, containment, assault, and search and rescue teams; and b. . The briefing and debriefing of these personnel. Traffic Commander is a supervisory or command officer assigned to direct and control the personnel assigned to the outer perimeter. The Traffic Commander additionally is responsible for: a. Establishing and regulating emergency vehicle ingress and egress routes; and b. Controlling the vehicle and pedestrian flow in and out of the incident location. Personnel/Staging Officer is supervisory officer assigned the responsibility for: a. Establishing the necessary staging areas at the command post, or elsewhere; b. Maintaining status records of arriving personnel; and c. Coordinating Mobilization Phase implementation. Communications/ Journal Officer is assigned by the Incident Commander and is responsible for: a. Establishing liaison with the Communications Unit, for the assignment of dedicated radio frequencies; b. Establishing the necessary telephone communications; c. d. e. Maintaining a chronological journal of significant decisions, orders, and events; Preparing a situation report, containing all pertinent information describing the current status of the occurrence, every four (4) hours or as otherwise directed; and Preparing a summary report, containing all pertinent information regarding the unusual occurrence. Logistics Officer is a supervisory officer assigned the responsibility to procure and control the necessary equipment and supplies to support the police operation. 321 B. 7. Public Information Officer is assigned to provide the media with information relative to the incident. 8. An Intelligence Officer: a. Obtains information relative to the unusual occurrence; b. Verifies, analyzes, and disseminates pertinent information; and c. Determines if any property or persons near the incident need additional protection. In large operations or when a operation increases in size, tasks should be further divided with an increase in the number of staff personnel. An increase in staff should include: 1. A Support Commander to manage the activities and personnel assigned to the command post. This officer is responsible for: a. Administrating the command post and the coordination of the command post staff; b. Maintaining communication with subordinate unit commanders; c. Assuring the directives of the Incident Commander are executed; and d. Conducting briefings of the Public Information Officer, liaison with other agency personnel and operations. 2. A Security Commander responsible for: a. Security at the scene, all staging areas, and public facilities; and b. Initiating a Pass Control System: (1 ). During the initial stages of the incident medical, fire, public officials, and certain authorized civilian personnel are not required to obtain passes. (2). Once the situation has stabilized and fire-rescue efforts have been completed, a pass system to identify all nonuniformed persons entering the incident site should be implemented. 3. An Investigation Commander is assigned for occurrences that involve multiple deaths or injuries. The Investigations Commander Is responsible for: a. Coordinating the identification of the dead or injured; b. Coordinating the collection and preservation of personal property and evidence; and c. Establishing liaison with the Medical Examiner's Office, federal, and state investigative and identification personnel. C. The Internal Audit Unit may be called on to: 1. Monitor the police department's response during emergency operations and provide a critique of the incident for the Police Chief's review; and 2. Make recommendations for revision of this plan based upon the findings of their review process. 322 • • • • • • • • ' . t ~ - • .. · • t ~ - ' • .. l re I ~ ~ t t • .11 SCOPE AND LOCATION OF THE EMERGENCY OPERATIONS CENTER A. The Emergency Operations Center is activated upon order of the City Manager or Mayor, in accordance with the provisions of the Emergency Operations Plan for the City of San Antonio. 8. The City Manager, under the direction of the Mayor, Is responsible for the function of City Staff in an emergency situation. Existing departments and agencies perform emergency actions related to their normal activities. For this purpose the Emergency Operations Center has been established to coordinate all operations within the City, including the maintenance of law and order. In the event of an unusual occurrence, the Mayor and the City Manager require immediate support of an "Emergency Operations Group" composed of the following: C. D . 1. Chief of the Police Department; 2. 3. 4. Chief of the Fire Department; Director of Public Works; Coordinator of Emergency Management; and 5. Director of the Metropolitan Health District. The Emergency Operations Center is located at 115 Auditorium Circle and shall be hereafter referred to as the EOC. The Emergency Operations Center initiates all requests for mutual aid. .12 POLICE DEPARTMENT'S ROLE IN THE EOC A. B. C. D. The Police Department Operations Section of the EOC is responsible for the direction and control of police operations throughout the city. This section must coordinate its activities with other City operations sections and the appropriate EOC staff representative and liaison personnel. The Chief of Police is responsible for the overall management of law and order activities. A senior EOC Operations Officer, appointed by the Chief of Police, directs the major field operations from the EOC. The internal and external security of the EOC is the responsibility of this department. To this end, a security position has been established in the Operations Room. Police Communications personnel are included in the Operations Group and work under the direction of the EOC Operations Officer. A direct line must be established between the police dispatcher and EOC operational personnel. E. Police EOC personnel: 1. 2 . 3. 4. 5. Are assigned to fill all police EOC operations positions and ensure field units are properly activated and deployed to duty stations; Check the availability of Damage Assessment Teams; Anticipate problems and take the appropriate remedial action; Establish "Action Priorities." Treating all situations on the basis of seriousness and deferring remedial actions to a later time in order to solve more critical problems first; Take the action relevant to prevent crimes against persons, maintain order, and provide traffic control; 323 6. Prevent looting and other illegal activities; 7. Assist in the dissemination of any warnig or alert; 8. Ensure all actions are coordinated, so that operating units have the necessary information to carry out their mission(s). Establish control points for selective access to operating or vacated areas; 9. Expedite the movement of the public to relocation sites, shelter areas, and maintain crowd control; 10. Conduct reconnaiossance missions into areas where information is inadequate; and 11. Adjust operations to compensate for the replacement and relief of personnel, and loss of equipment and/ or facilities . . 13 DE-ESCALATION PROCEDURE A. As the situation subsides and order is restored, the Incident Commander surveys the affected area and determines further need for police personnel and equipment at the scene. At the direction of the EOC, the Incident Commander diminishes the number of personnel and equipment at the scene until only the personnel directly involved in the operation remain. B. lh the event personnel were recalled through the implementation of the Mobilization Procedure, personnel are relieved as follows: Phase 1 - Phase 2 - Phase 3 - The relief of personnel begins with the relief of personnel assigned under the last Mobilization Phase implemented and continues until only Traffic Division personnel are assigned. Eight (8) hour shifts, utilizing Traffic Division personnel, is implemented. Normal operations are restored . . 14 CONCLUSION ACTIVITIES A. Upon the deactivation of subordinate units, commanders ensure that each supervisor submits a written report to: 1. Account for all equipment issued to personnel under their supervision; and 2. A record of the name, badge number, dates, times, and assignments for each member under their supervision. B. Upon conclusion of all activities related to the unusual occurrence: 1. 2. All commanders prepare an after-action report which is submitted to the Incident Commander within ten (1 O) days. The after-action report contains a complete and detailed account of the operation of subordinate units under their command during the unusual occurrence; The Incident Commander prepares a final report detailing the department's response to the unusual occurrence. This report is submitted, along with a copy of the Command Post Journal, to the Office of the Chief of Police and the Internal Audit Unit within thirty (30) days; 3. The Director of the Accounting, Budget, and Personnel Unit prepares an Operational Cost Report which is submitted to the Office of the Chief of Police; and 324 • • • ~ • • • • • , i ~ l ~ l • ~ t · ' i ~ l ~ - i ~ • .. .15 4. The Internal Audit Unit prepares an Operational Audit Report which is submitted to the Office of the Chief of Police. C. After-Action Critiques are conducted at the direction of the Chief of Police or the Incident Commander. INCIDENT STRESS A. B. Commanders and supervisors monitor the behavior of their subordinates involved in major disasters, especially those Involving mass deaths or Injuries, and remain aware of any special needs of their personnel. Psychological Services remains available for members exhibiting symptoms of stress or trauma, and for those who desire post incident counseling. 325 ~ - t , r ;. t ~ t re i · • i · • i � - l ~ • .. .01 .02 .03 INTRODUCTION A. B. The purpose of this procedure Is to establish guidelines for controlling critical incidents from decisive responsibilities, and initial responders, to special response teams and support functions. Critical Incidents present significant operational challenges to the department in terms of appropriate response and deployment, expertise and control of personnel, heightened public and media interest, impact on field operations, and resource requirements. C. The resolution of each Critical Incident is contingent on factors such as specific personnel skills and training, proper planning and preparation, strict individual discipline, adherence to procedures, and effective resource management and coordination. CLASSIFICATIONS A. B. POLICY Critical Incidents are classified as one of the following: 1. 2. Hostage incidents; Barricaded individuals; 3. Terrorist actions;· 4. 5. Sniper incidents; Bomb incidents involving extortion; and 6. High-probability suicide situations. Critical Incidents include high risk situations that imminently pose a continuing threat of death or serious bodily injury to any person, by any person. The protection of each citizen's life, welfare, and safety from threat or harm is essential to the department's primary duty of preserving peace in the community. It is the policy of the San Antonio Police Department · to resolve all Critical Incidents in a manner that minimizes the risk to life by and through a process that employs the expertise of specially trained personnel (i.e., S.W.A.T. and Negotiators) in order to maximize the prospect of resolving the situation without loss of life. The primary goal for the San Antonio Police Department in dealing with Critical Incidents involve the protection of human lives: those of the suspect(s), the hostage(s), the officers involved, and nonparticipants; through a process of techniques designed to contain, isolate, stabilize, and negotiate the matter to a nonvolatile resolution. .04 DEFINITIONS A. B. C. ustage 1 Response· means Negotiation personnel only (i.e., suicidals nonthreatening to others). "Stage 2 Response" means limited to Negotiator, S.W.A.T, or Bomb Team Coordinators as appropriate (any situation exhibiting the potential to require a Stage 3 response). "Stage 3 Response" means Negotiation and S.W.A.T personnel (i.e., suicidals threatening others, barricaded subjects, snipers, hostages, or terrorists, etc.). 327 .05 D. "Inner perimeter" means an area of containment, established by the S.W.A.T. Team Coordinator, that isolates the highest degrees of lethality. Access within this area is limited to S.W.A.T. and Negotiator personnel. This function is initially handled by Patrol officers who are relieved by Traffic officers when available. E. NOuter perimeter" means a defined outer boundary Isolating all essential police operations within a potentially lethal area, which is accessed only by authorized personnel. This perimeter is initially handled by Patrol officers who are relieved by Traffic officers when available. F. NSpecial Response TeamsN means a specially trained component of officers. DISPATCHER RESPONSIBILITIES A. The Communications Unit has the vital responsibility of facilitating and coordinating the response and activities of all field personnel on the scene of a Critical Incident. 1. The Dispatch Supervisor is immediately advised upon the reception of any information or request for service that exhibits the potential to become a Critical Incident, and monitors its progress through completion. 2. Upon the Field Supervisor's request for a Stage 1 response, the Dispatch Supervisor notifies a Negotiator Supervisor. 3. 4. Upon the Field Supervisor's request for a Stage 2 response, the Dispatch Supervisor notifies the Negotiator and S.W.A.T. Team Coordinator(s). Upon escalation to a Stage 3 Critical Incident by the Officer-in-charge (Lieutenant or above), the Dispatch Supervisor designates a tactical channel, with an experienced dispatcher, for exclusive use by Patrol and Traffic Division elements assigned to the situation. a. Patrol and Traffic Division officers assigned to the scene of a Critical Incident are required to maintain radio contact on the appropriate channel. b. Special Response Teams utilize prededicated channels which are monitored by the dispatcher. 5. The Dispatch Supervisor notifies the following entities, as appropriate: a. Negotiation Supervisor (Stage 1, 2, 3); b. S.W.A.T. Supervisor (Stage 2, 3); c. Psychological Services (Stage 2, 3); d. Special Operations Commander (Stage 3); e. The appropriate command officer in accordance with Procedure 314.00, NCommand NotificationN (Stage 3); f. Public Information Officer (Stage 3); g. Internal Affairs (Stage 3); h. On-duty Traffic Commander (when necessary); and i. Bomb Team Coordinator (when necessary). 328 • .- • • • • • • • • ~ · ~ · : • � • • • i ' r e ~ l i i' i. i ' I I ~ I 1- 1 • ~ I l · t ' ~ - � B. 6. The above personnel, upon notification, verify their response to: a. Their appropriate channel; or b. The designated Tactical Channel (if activated). The Tactical Channel dispatcher maintains a listing of all units and personnel on the scene of the Critical Incident. .06 INITIAL RESPONDERS A. B. Patrol officers, as the Initial responders to Critical Incidents, have several important functions that are essential to the successful resolution of the incident. Depending on the situation, these responsibilities include: 1. Quickly recognizing the potential or existence of a Critical Incident; 2. 3. Requesting additional support and supervisory personnel from the dispatcher (radio transmissions from a situation involving the threat or existence of explosives may trigger the device); Seeking positions of safety from where the situation may be contained within the smallest possible area; 4. Isolating nonparticipants from the threat; 5. Directing back-up units into the situation via the safest route possible; 6. Attempting to establish a dialogue with the suspect and/or witnesses to help assess the situation; a. Do not attempt to negotiate with the suspect; b. Do not use threats or intimidating gestures; and c. Maintain a calm, even disposition when conversing with the suspect. 7. Communicating and updating information to the responding units through the dispatcher (i.e., number, names, actions, and descriptions of suspect(s) and hostage(s); weapons involved, etc.); 8. Maintaining maximum firearms discipline at all times; and 9. Property documenting all pertinent information and remaining at the scene until released. The Patrol Supervisor likewise has several important functions to perform upon arrival at the scene which, depending on the circumstances, include: 1. Making an assessment of available options, upon confirmation of the officer's initial observations, and: a. Determining the form of police response needed (if any) to safely resolve the situation, either with available patrol resources or Special Response Teams; b. Notifying the ranking Patrol Commander and Dispatcher Supervisor of the determination; c. Requesting appropriate notification(s) under Stage 1 or 2 circumstances. 329 .07 2. Directing responding field units into positions that establish an area containing and isolating the threat; 3. Insuring that all nonparticipants are evacuated from threat areas: 4. Establishing a mobilization point for on-scene assignments; 5. Insuring thnt the dispatcher has notified a Negotiator or S.W.A.T. Supervisor, or Bomb Technician, as applicable; and 6. Maintaining supervisory control over the situation until properly received by command personnel. COMMAND RESPONSIBILITIES A. B. Patrol or Traffic shifts or Station Commanders serve as Incident Commander until appropriately relieved. Their functions include the following: 1. Determining if the situation is to be escalated to a Stage 3 Critical Incident and, if so, instructing the dispatcher supervisor to: a. Initiate the appropriate response from specialty units; and b. Open and isolate a tactical channel that is accessible to all Patrol and Traffic units. 2. Establishing a field Command Post that will serve as the supervisory focal point for Negotiators, S.W.A.T., inner and outer perimeter control, traffic control, and media information. 3. Insuring that the appropriate command officer is notified in accordance with Procedure 314.00, "Command Notification," and informed of the scope of the incident. 4. Briefing the Tactical and/or Incident Commander upon their arrival, and assuming the role of Field Commander to control outer perimeter activities upon being relieved. The Incident Commander is responsible for all police activities and functions upon arrival at the Critical Incident. This role is handled by the command officer who was notified and responded in accordance with Procedure 314.00, "Command Notification: The Incident Commander has the following responsibilities: 1. Assessing the need for coordination with other agencies, and supervising such coordination; 2. Determining the need for staff or advisory personnel and establishing facilities at the command post; 3. Making decisions pertaining to resource management, including relief personnel, manpower levels, logistical needs, and supplies; 4. Contacting and advising appropriate City officials in the event that the scope of the Critical Incident requires major decisions by City government; and 5. Having the final authority in decisions to assault, use controlled fire, or chemical agents to resolve a Critical Incident. 330 , .1 ~ .l • • • • • • • : • C. The Tactical Commander, upon notification, monitors the channel handling the situation, and has the following responsibilities: D. 1. Insuring appropriate call-up procedures, if necessary, upon confirmation of Critical Incident status; 2. Upon arrival, assuming responsibility for the supervision of all police functions within (and including) the inner perimeter; 3. Obtaining briefings by the Incident Commander, S.W.A.T. and Negotiator Supervisors, and the Department Psychologist, to maintain a comprehensive understanding of the situation; 4. Insuring effective interaction and communication between the negotiation and tactical teams; and 5. Acting as the direct liaison to the Incident Commander by providing current briefings and recommendations on the state of negotiations and tactical preparations. The Negotiation Team Coordinator, upon notification of the possibility of a Critical Incident, monitors the channel handling the situation, and has the following responsibilities: 1. Immediately responding to the scene, if necessary; 2. 3. 4. 5. Insuring appropriate call-up procedures, if necessary, upon confirmation of Critical Incident Status; Deploying, assigning, and supervising the Negotiation Team; Maintaining communications with the Tactical Commander and S.W.A.T. Team Coordinator by briefing both on the progress of negotiations, the emotional status and threat levels of the situation (in the absence of the Psychologist), and alternative strategies and recourses; Monitoring the negotiation process and interviews of any hostages, relatives, or others; and relaying pertinent information to the Tactical Commander and S.W.A.T. Team Coordinator; and 6. Debriefing negotiators after each incident, and insuring that necessary reports are properly filed. E. The Tactical Team Coordinator, upon notification of the possibility of a Critical Incident, monitors the channel handling the situation, and has the following responsibilities: 1. Immediately responding to the scene, if necessary; 2. Initiating call-up procedure, if necessary, upon confirmation of Critical Incident status; 3. Deploying, assigning, and supervising the S.W.A.T. Team; 4. Maintaining communications with the Tactical Commander and Negotiation Team Coordinator, by briefing both on the readiness, status, and options available to the Tactical Team; 5. Maintaining security of all tactical equipment and personnel on the scene; and 6. Debriefing S.W.A.T. Team officers and insuring that necessary reports are properly filed. 331 . 08 SPECIAL RESPONSE TEAM FUNCTIONS A. B. The S.W.A.T. Team consists of a group of specially trained and certified officers from the Special Operations Unit who respond to Stage 3 Critical Incidents, and are responsible for the preparation and exercise of all tactical functions utilized in the course of the situation. This team is composed of the following components: 1. 2. Containment Team - An element of S.W.A.T. that has responsibility for containing the situation within a the minimum possible boundary; Assault Team -An element of S.W.A.T. that has the responsibility for initiating tactical entries and apprehending or neutralizing threatening individuals: and 3. Control Team -An element of S.W.A.T. that has the responsibility for the continued physical custody and control of the actor(s) upon apprehension. The Negotiation Team is a group of specially trained and certified officers who respond to Stage 1, 2, or 3 Critical Incidents. The team is responsible for initiating and maintaining communications contact with the actor(s) with the goal of preserving life by obtaining a mutually acceptable solution to - the matter. This team is composed of the following components: 1. Primary Negotiator is responsible for direct communications with the actor; 2. Secondary Negotiator is primarily responsible for the monitoring and documentation of the negotiation process; and 3. Intelligence officer is primarily responsible for debriefing interviews, equipment management, and logistical needs of the negotiation functions and documentation. C. The Bomb Team is a group of officers, specially trained in the handling and disposition of explosive devices, who respond on request by a patrol supervisor to those incidents involving a lethal threat. The team may function as an element of the S.W.A.T. Team during Critical Incidents. D. The K-9 Team is a group of officers specially trained at handling police canines and, during Critical Incidents, may function as en element of the S.W.A.T. Team. .09 SUPPORT FUNCTIONS A. The on-call Psychologist responds to the scene of Critical Incidents and performs the following functions: 1. Providing consultation on the actor(s) emotional state, probability of aggressive action, and stress levels of the Special Response Teams to the Tactical and Operations Commanders: 2. Monitoring the negotiation process to assess the mental profile of the actor(s), and conferring alternate strategies for resolution. B. The Public Information Officer is responsible for: 1. Designating a safe and accessible press relations area for equitable information distribution; 2. Maintaining an ongoing dialogue of relevant, factual, and noncompromising information with representatives of the media; and 3. Coordinating efforts with the Tactical and Operations Commanders. C. The Perimeter group consists of officers from Patrol or Traffic who may be assigned to point control duties for traffic, crowd, and media control beyond the outer perimeter of the incident. 332 • • • • • • • : • , . : • • • ~ • • • • • t i' i. t [ . ~ I- i i· l ! · D. On occasions of Critical Incidents of extended duration, the local office of the American Red Cross responds to the scene for purposes of food provision to the officers. The marked canteen truck would be afforded access to a safe, convenient, and accessible location within the outer perimeter. 333 • t i'. ~ t ' � ~ - ~ ~ - I k I i' , . r i. 1- .01 .02 .03 INTRODUCTION The following procedure is designed to establish functions and responsibilities pertaining to hazardous incidents involving bomb threats, found explosive devices, and detonations. DEFINITIONS A. B. C. D. "Bomb threat" means an expressed intention to detonate an explosive device. "Extortion" means a threat of violence involving a demand for anything of tangible or intangible value. "Explosive Device" means any instrument constructed with dynamite, plastic explosives, gunpowder, or other rapidly burning substance capable of volatile detonation and destruction (i.e., blasting caps, pipe bombs, and military ordinance). "Detonation" means the discharge of any explosive device (other than those associated with personal sidearms and fireworks). BOMB THREATS/EXPLOSIVE DEVICES A. Dispatcher functions include: 1. 2. The Dispatch Supervisor, upon reception of any information or request for service involving explosives, monitors its progress through completion. Dispatchers are aware that officers are not able to transmit from the scene of the threat, and arrange for a telephone extension that can be utilized until the incident is concluded. B. Initial Responders have the responsibilities to: 1. 2. 3. 4. 5. Insure that radio transmitters at the scene are not keyed under any circumstances (although they may be left on for monitoring purposes), and establish the location of a telephone for all further communications purposes; Contact the reporting person to ascertain the nature of the situation, the location of the device (if known), the particulars of the call (if applicable), and the identity of the party responsible for control of the premises; In cases of threat only, solicit the following decisions from the individual responsible for the premises: a. To conduct a search; b. To evacuate the facility; and c. To allow personnel to return to facility. In cases where a search is requested or suspected device is located, initiate evacuation from the threat area, and request a Field Supervisor to the scene (should a device be located, the Bomb Squad is notified); Request notification of the Homicide Unit in the event the situation involves extortion; and 335 .04 6. Accomplish reports as necessary upon completion. C. Supervisors have the responsibilities to: 1. Respond to the scene when requested, assume command of the situation, and summon sufficient personnel as needed for search or perimeter control; 2. Coordinate police response and render the decision when to conclude operations; 3. Integrate the assistance of employees or other adults familiar with the facility; and 4. In the event the location of a suspected device is known or discovered, insure unprotected isolation for a three hundred (300) foot radius, request response from the Bomb Team, and notify the Fire Department. D. Bomb Team responsibilities include: 1. The handling, transportation, storage, and final disposition of all suspected explosive devices; 2. Exceptions to this procedure include ammunition (.50 caliber or less). EXPLOSIONS A. The first priority of officers responding to, or at the scene of, an explosion is to insure sufficient medical attention to all injured persons. 8. The scene of explosions is to be contained and protected in the same manner as a general crime scene. C. The Arson Investigation Unit of the San Antonio Fire Department is the primary investigative entity. D. A Field Supervisor is dispatched to the scene for: 1. Establishing a control point from which to coordinate police activities (i.e., post assignments for evidence protection, media information, perimeter control and crowd control); and 2. Ascertaining the need for command personnel in the event the situation requires additional resources as provided in Procedure 806.00, "Mobilization." 336 • • • • , l •� 1 .1 • • • • • I ' I t ~ - • .. '• , t . .01 INTRODUCTION A. B. Major spectator events are routine in a city the size of San Antonio and the existence of the various factors in large groups of people create the potential for mass disorder. This procedure is designed to provide direction in planning and Implementing the appropriate police response to effectively manage and control crowds. Additionally, this procedure provides instruction for managing crowds in those events which occur without sufficient notice to afford comprehensive planning. The crowd management and control strategies employed in response to planned events are similar to those used for spontaneous ones, the only difference being, that the procedures are implemented quicker and in a different order . . 02 DEFINITIONS .03 .04 A. B. C. "Planned events" means those activities for which permits are required, large numbers of persons may gather or attend, or unique security or traffic control efforts are required and such activity is known in advance. Examples include, but are not limited to, parades, sporting events, dignitary protection, First Amendment rights activities, cultural and civic events, religious gatherings, labor disputes, and community activities. "Spontaneous events" means those events which may create a threat to public health, safety, or order and such activity · occurs without sufficient notice to allow for comprehensive planning. Examples include, but are not limited to, unusual occurrences, crowd disorders, labor disputes, and First Amendment rights activities. "Unusual Occurrence" means an emergency situation that is of such a significant magnitude so as to compel the recall of personnel, or support from other agencies in order to protect life and property, prevent escalation, and restore order. Unusual Occurrences include Critical Incidents, Civil Disturbances, and Natural and Manmade Disasters. D. "Civil Disturbance" means any domestic emergency such as a demonstration, strike, riot, and/or public panic which has the potential of causing casualties or major damage to property. POLICY A. The San Antonio Police Department provides the necessary direction, control, and security for persons assembled to take part in civic and community functions; provided such direction, control, and security is in the best interest of the health, safety, and general order of the City. B. The Department is committed to the protection of the constitutional rights of persons and groups to conduct peaceful and lawful demonstrations. However, in those situations which threaten the lives, property, rights, health, or safety of the citizens, or the general order of the City, the Department responds immediately to establish control and restore order. The Department contends with these situations in an appropriate manner so as to minimize the potential threat. GENERAL PROCEDURES A. The Deputy Chief assigned to the Traffic Division maintains the responsibility for identifying resource needs and planning the appropriate police response for scheduled events. This Deputy Chief is hereafter referred to as the Incident Commander for all planned events. 337 B. C. The Officer-in-charge of the service area is responsible for initiating the appropriate police action in response to spontaneous events. This officer, until subsequently relieved by a higher ranking officer, is hereafter referred to as the Incident Commander. In response to planned or spontaneous events, the Incident Commander is responsible for: 1. Meeting with the sponsors to discuss the required permits and applicable laws; 2. 3. 4. 5. 6. a. In planned events the sponsors or leaders are readily identifiable allowing for scheduled informal meetings. b. In spontaneous events, contact with the formal or informal leaders is made; when practical this is a personal contact, otherwise the crowd is addressed at large by use of a loudspeaker. Identifying and acquiring the needed manpower; a. In planned events the required manpower is obtained by the utilization of the on duty members of the Traffic Division, with additional volunteers solicited when necessary. Sufficient manpower to provide for the relief of assigned personnel should be procured. b. In spontaneous events the available on-duty resources of all Patrol and Traffic· Division personell is utilized with additional manpower needs acquired through the implementation of a Mobilization Phase in accordance with Procedure 806.00. Identifying and procuring additional resource needs; a. b. In both planned and spontaneous events this includes, but is not limited to, communication equipment, assignment of radio frequencies, vehicles, barricades, and riot control equipment. Riot control equipment is stored in the armory at Headquarters. Access to the armory and issuance of equipment is detailed in Procedure 309.00, "Weapons." Establishing a Field Command Post and staging area in accordance with Procedure 801.00, "Unusual Occurrence Plan;" Conducting major operations relating to large scale civil disturbances in accordance with this procedure and Procedure 801.00, "Unusual Occurrence Plan;" Defining and establishing the inner and outer perimeters; a. b. Whether the event is planned or spontaneous the inner and outer perimeters should be defined as soon as possible. Consideration is gi~en to the size of the crowd, location of the event, and the potential for disorder in determining these perimeters. The utilization of barricades and deployment of personnel serve to identify these perimeters. In events requiring large numbers of personnel or covering a large area, the area should be divided in the quadrants or sections with each quadrant or section under the direction of a supervisory or command level officer. 338 , - ~ •� . ~ . ~ •• ~ :• t ~ · • • l ~ - t l r' , . ~ , l ~ 1 • I ' • I r r • ~ ~ .. ~ - ~ 7. 8. Defining and controlling ingress and egress points; a. The establishment and control of points of entry and exit for participants, spectators, and maintenance personnel should be identified in planned events. These points should be sufficient in number to provide for the orderly and effective entry of the anticipated number of persons. b. Emergency vehicle and emergency personnel entrances and exits should be defined. These points should be manned by officers to provide assistance in directing any required emergency vehicles or personnel. Establishment of these points must be a coordinated effort between all the emergency service agencies. Considering possible scenarios and formulating contingency plans; a. Emergency exits are established to provide for the expedient exit of persons in the event of a crisis. b. Liaison with other emergency service agencies is maintained. Information relative to the size and circumstances of the event is provided. c. A sufficient number of officers may be held in reserve or assigned to noncritical posts to provide immediate deployment or reassignment in the event of an emergency . . 05 CROWD MANAGEMENT A. B. C. D. Crowds can generally be categorized into three types: 1. Passive, 2. 3. Active, or Volatile. The first two types of crowds, passive and active, require crowd management techniques. The third type of crowd, volatile, requires crowd control strategies and/or dispersal tactics. Crowds can very rapidly turn from a self-controlled and passive to active or volatile. Officers should watch for signs that indicate that a crowd is changing character. Each category of crowds can be divided, with each having a recommended action as follows: 1. Passive: a. Tranquil - The members of a tranquil crowd are lawfully pursuing their interest with the safety of others in mind. As such, they require no police control. Example: Mall Shoppers Recommended Action: None b. Apprehensive - A sudden or unanticipated development may cause members of a crowd to become apprehensive . Example: A bomb threat Recommended Action: Provide accurate information 339 2. C. Active: Exuberant - An exuberant crowd gathers for an enjoyable event. This crowd responds to cheerleading, flag waving, and music. It is an enthusiastic crowd and follows cues. Example: Concerts and Parades Recommended Action: Monitor a. Confused - Members of a tranquil crowd who don't have sufficient information and the perplexing situation causes confusion and anxiety. Example: Stalled traffic Recommended Action: Provide accurate information b. Annoyed - Members of passive crowds experiencing confusion and a feeling of being denied information relative to a current difficulty. • • • Example: A scheduled event is delayed or postponed • Recommended Action: Provide accurate information and monitor closely. Begin planning for control strategies. c. Physically Active - Members of exuberant crowds who begin to throw objects for others to catch in the spirit of having fun. d. Example: Frisbee throwing in the arena / Aerosol string dispensers Recommended Action: Take immediate action to stop activity and prevent non active participants from becoming annoyed. Protesting - An antagonistic, often hostile crowd seeking to bring about a change in a relationship or structure. If this crowd is frustrated in its immediate efforts to achieve that change it may become volatile. Example: Labor dispute / Civil protest Recommended Action: Contact leaders and establish firm rules for crowd's behavior. • • • 3. Volatile: a. Panicked - Panic resulting from a need to get away from a situation or out of an area in preservation of life. Example: A fire in a crowded auditorium • b. Recommended Action: Provide accurate information, use control measures and provided avenues of escape. Malicious - This crowd, often a group of members within a crowd, possesses a self centered intent. It pushes and shoves others without concern. Its behavior is without concern for the safety or well-being of others and breaks laws. Example: Throwing cans, bottles, fireworks in the arena / gang members mixed in with a passive or active crowd. Recommended Action: Remove actors immediately or place under close surveillance. 340 • • • ~ t • l ~ l I, I · • i l i .06 C. Unruly - This crowd, a mob, openly and defiantly breaks the law. It is angry and destructive. While a crowd of malicious individuals may be a small group within another crowd, this crowd is composed almost entirely of lawbreakers and rioters. Example: A riot Recommended Action: Full crowd control measures CROWD CONTROL STRATEGIES A. B. C. Crowd management techniques should be utilized first; however, in situations where there is an imminent threat to public safety, control strategies should be developed simultaneous to the implementation of management procedures. The governing factor in tactical operations is one of teamwork, each individual subordinating himself to the orders and direction of the team leader. The Incident Commander must evaluate his current resources and commit the available units to the portion of the disturbance which can be controlled. A force of insufficient strength, too hastily deployed, may only aggravate a situation. Leaders must ensure that the engaged police units grasp the initiative and assume and maintain the initial advantage in street situations. The strategies employed are determined by the Incident Commander and must be relevant to the situation. Situations and circumstances involved frequently change and the police must adjust to the given or perceived threat. Therefore, the following techniques do not establish a "set" plan of action, but provide direction in formulating the methods to be utilized. 1. Show of Force: 2. a. b. The anxiety level of a crowd can occasionally be reduced by the knowledge of a substantial police presence without the actual display of the force. A show of force to disperse a crowd is best effective when the officers are assembled outside the view of the crowd and make a surprise formidable appearance. To be most effective the officers should march in formation into view, remain a reasonably safe distance from the crowd, halt, and remain in formation in view of the crowd. (1). (2). A show of force should not be utilized unless there is sufficient strength to accomplish a dispersal; and A proclamation and dispersal order should be made in conjunction with the show of force. Selective Arrests: a. b. In those situations where the overall crowd is generally peaceful and there are individuals within the crowd that hide behind the anonymity of the group to throw objects at the police or to incite or provoke the crowd, plainclothes officers (in squads) may be sent into the crowd to identify the person or persons. (1 ). The plainclothes officers should not make the arrest(s), unless the person(s) leaves the crowd and the arrest(s) can be made without jeopardizing the identity of the officers. (2). In a generally hostile crowd or when overt arrest(s) are necessary, a squad of uniformed officers should make the arrest(s). Prior to making selective arrests, a sufficient force of officers should be present to deal with the entire crowd should it become necessary. 341 3. Dispersal Orders: a. When crowd management and control measures fail to control or disperse a crowd, a proclamation and dispersal order shall be given. b. C. The Incident Commander shall designate a command level officer to give the proclamation and order the crowd to disperse. The designated officer shall address the entire crowd with a loudspeaker, stating the assembly is involved in an unlawful act and is in violation of a specific law (naming it), the assembly has been declared unlawful and it ordered to disperse (stating a specific length of time to comply), and that those individuals who fail to disperse will be arrested. d. An avenue for the crowd to depart must be provided. Notice of the dispersal order and the direction provided for departure of the crowd must be relayed to all operational units. e. Whenever possible, an audio / visual record of the dispersal order is made. .07 DISPERSAL TACTICS A. B. In the event a dispersal order has been given and the crowd fails to voluntarily disperse, the Incident Commander must employ tactics to disperse the crowd. Consideration of the existing circumstances must be given in determining the appropriate tactics utilized. The Incident Commander should determine the direction in which he intends to disperse the crowd. In determining the direction the crowd is to be directed, consideration should be given to dispersing the crowd away from business areas, where looting or arson may occur, and towards an area where the physical constraints tend to break the crowd into small groups, or into areas where minimal physical damage can occur. C. The following configurations and formations of manpower and their utilization for crowd control are limited to those areas where sufficient manpower is available to direct and disband the crowd. Before employing crowd control formations the area needs to be secure of sniper fire and minimal physical resistance anticipated. 1. Manpower configurations: a. Squad - 1 Sergeant, 13 officers. b. Platoon - 1 Lieutenant, 4 Squads. c. Company - 1 Captain, 3 Platoons. 2. Formations: a. b. A Squad Line is employed as either an offensive or defensive formation. It is basically a line of officers across a street, or open area. It is continuous without spaces along the front. The flanks of the line must be anchored by obstacles such as buildings. A Squad Echelon is used to turn a crowd away from an obstacle such as a building, or to direct its movement. It may be used to move the crowd either left or right as an offensive formation. c. A Squad Wedge is an offensive formation used to divide a crowd into smaller segments. 342 • • • • • • • • • • • ~ I I t l• t l � • t r 1 • , l , . ~ r ~ � r � • r .. ~ D. E. F. 3. 4. Offensive formations should assault two or more directions at once to be effective. However, an assault to the front and rear should not occur simultaneously, as elements of the crowd may escape to the rear of advancing units. Offensive assaults include: a. The "Pincer' method which is an assault from the front and both flanks. This method tends to drive the crowd before the frontal assault; and b. The ,.Flanking" method which Is an assault to the front and one flank. The crowd must be provided an avenue of escape and not bottled up. All officers assigned must be made aware of this route and , if possible, the crowd should be made aware of the existence and location of this route. In the event the crowd is armed with rocks, bottles, etc., consideration should be given to the use of chemical agents followed by a tactical sweep. The use of chemical agents is only authorized by order of the Incident Commander. Consideration to the direction of the wind, the size of the crowd, and geographical conditions must be made. 1. Chemical agents must be used in sufficient quantities to produce an immediate and decisive result. 2. 3. 4. 5. Officers assigned to formations which will disperse the crowd following the use of chemical agents should be issued gas masks. Notice to the officers involved and, if practical, to the crowd should be made prior to use of a chemical agent. Smoke should be used prior to the use of tear gas. The officer(s) assigned to release the agent should be positioned behind the formation of the officers assigned to assault the crowd. 6. In some instances, such as anticipated violent resistance or large crowds, it may be necessary for chemical agents to be covertly released. After a successful assault, the elements of the dispersing crowd should be followed, hurried, and prevented from reforming. 1. Agitators should be arrested. If necessary, arrest groups should be assigned to the assault teams to maintain the integrity of the formations. 2. Squads should be assigned to sweep through affected areas. When the affected area is large, it should be divided into smaller sections with the necessary squads assigned to each section. Mobile saturation patrol units consisting of four (4) officers operating a single marked vehicle should be deployed in a sufficient number to allow the officers to: 1. Handle emergency calls within the outer perimeter; 2. Act as a mobile reserve force to assist foot patrols; 3. Act on its own initiative against small groups;· 4. Patrol access routes; and 5. Enforce a curfew. 343 G. When sniper activity is reported or observed: 1. The area should be isolated; 2. Officers should not return fire unless absolutely necessary; and 3. The Incident Commander activates the S.W.A.T. Unit. .08 MULTIPLE ARREST PROCEDURES A. B. The concept of multiple arrest groups is to provide a specialized group of officers working together during large scale arrests at major events to deal with all aspects of the arrest process, from the initial arrest to the delivery of prisoners to the Detention Unit, permitting the primary line officers free to manage the event. 1. In most mass arrest situations, the Special Operations Unit (in police uniform) is utilized for making arrests. In the event this unit is not available other personnel utilized are organized according to groups prescribed in Subsection .08 D of this procedure. 2. All members of arrest groups are in complete uniform, unless otherwise directed by the Incident Commander. The Incident Commander, anticipating multiple arrest situations: 1. Coordinates the implementation of these procedures with the commanding officer of the Special Operations Unit. An estimate of the number of potential arrestees and whether they will be peaceful or violent is made to determine the number and size of arrest groups needed; and 2. Notifies the Detention Unit and Youth Services Unit supervisors of the anticipated multiple arrests. C. The Commander of the Special Operations Unit: 1. Maintains the equipment and training status of arrest groups; 2. Implements the Multiple Arrest Procedures in their entirety when directed by the Incident Commander; and 3. Designates a field detention area near the site, to allow for the preparation of prisoners for booking. D. Arrest Groups: 1. Arrest groups consist of the following personnel: a. Supervisory officer assigned as the group leader; b. Two (or more) officer arrest teams; c. Two (or more) officer support teams; and d. One or more two officer transporting teams. 344 • • • • • • • • • • • ~ r t 1 - . ~ I , • E . ~ · 2. Arrest groups maintain the following equipment: a. Numbered plastic handcuffs; b. c. One or more patrol wagons (acquired from patrol. _ as needed); Field Arrest Reports; and d. Polaroid Cameras and film. 3. Arrest groups may expand in size or number according to the number of arrests anticipated or the amount of resistance contemplated. The determinant being the ability of the group to expedite the flow of arrestees. Arrest Procedures: 1. 2. 3. 4. 5. 6. 7. When practical an audio/ visual record is made of all arrests. The supervisor assigned as the group leader designates arrest teams to begin arresting selected participants. A support team is assigned to the arrest team as back-up as needed. Persons who offer no resistance are walked to the field detention area. In the event a person offers passive resistance in refusing to accompany the officers, the person(s) are lifted and walked or carried to the field detention area. When groups of demonstrators to be arrested lock arms, the arrest team untangles the demonstrators one at a time. A support team is assigned to serve as back-up for the arrest team as needed. Each person arrested is searched and handcuffed. Numbered plastic handcuffs are utilized to handcuff and identify persons arrested. In passive demonstrations, the Incident Commander may decide not to handcuff arrested persons in order to diminish the crowds anxiety; however, a numbered plastic handcuff is placed around the wrist of the arrested person to serve as identification. Persons arrested are taken to the field detention area by the arrest team. The assigned support team accompanies the arrest team as needed. At the field detention area: a. Any accompanying support team returns to the incident site for further assignment; b. The arrest team and the arrested person are photographed; c. d. e. f. One of the arrest team officers completes the field booking slip, recording the number of the plastic handcuff in the box labeled "Alias Names." The reverse side of the photograph contains the date and time of the arrest, the names of the arresting officers, the assignment number, and the plastic handcuffs number; The other arrest team officer completes the Offense Report, recording the plastic handcuffs number in the box labeled "Alias;" The prisoner, his property, the booking slip, photograph, and offense report are delivered to the transporting officers; and The arrest team returns to the incident site for further assignment. 345 8. At the direction of the arrest group supervisor, the transporting officers proceed to the Detention Center. Upon arrival the transporting officers: a. Release the prisoners to the Detention Center personnel; b. Make a xerox copy of the offense report, photograph, and booking slip; c. Present the booking slip and copy of the photograph to the Detention Unit personnel; d. Present the copy of the offense report to the magistrate's office and magistrate the prisoner; e. Retain the original photograph, offense report, and the copy of the booking slip (stapled together); and f. Return to the Field Detention Area for further assignment. 9. Upon completion of the arrest process or upon relief, the transporting officers submit all photographs, offense reports, and field booking slips to the supervisor of the arrest group . . 09 DE-ESCALATION PROCEDURE A. As the situation subsides and order is restored the Incident Commander surveys the affected area and determines the need for police personnel and equipment at the scene. In the event the City's Emergency Operations Center was activated, the Incident Command, at the direction of the EOC, decreases the number of personnel and equipment at the scene until only the personnel directly involved in the operation remain. B. In the event personnel were recalled through the implementation of a Mobilization Phase, relief of personnel is conducted as follows. Phase 1. Phase 2. Phase 3. . 10 CONCLUSION ACTIVITIES The relief of personnel begins with the relief of personnel assigned under the last Mobilization Phase implemented and continues until only Traffic Division personnel are assigned. Eight hour shifts, utilizing Traffic Division personnel, are implemented. Normal operations are restored . A. Upon the deactivation of subordinate units, commanders ensure that each supervisor submits a written report to: 1. Account for all equipment issued to personnel under their supervision; and 2. Record the name, badge number, dates, times, and assignments for each member under their supervision. B. Upon conclusion of all activities related to a spontaneous event: 1. All commanders prepare an after-action report which is submitted to the Incident Commander within ten (10) days. The after-action report contains a complete and detailed account of the operation of subordinate units under their command during the event. 346 • • • ~ - � : . l ' • t r t I!, · • t ~ • • t C. 2. The Incident Commander prepares a final report detailing the department's response to the event. This report is submitted, along with a copy of the Command Post Journal, to the Office of the Chief of Police and the Internal Audit Unit within thirty (30) days. 3. 4. The Director of the Accounting, Budget, and Personnel Unit prepares an Operational Cost Report which Is submitted to the Office of the Chief of Police. The Internal Audit Unit prepares an Operational Audit Report which is submitted to the Office of the Chief of Police. After-Action Critiques are conducted at the direction of the Chief of Police or the Incident Commander. 347 .. , s I , . t .01 INTRODUCTION A. The following procedure is designed to establish functions and responsibilities pertaining to aircraft accidents, which range in severity from light planes falling in isolated areas to large commercial or military transports impacting in heavily populated zones. The San Antonio Police Department must be adequately prepared to provide a response that is proportional to the situation at hand. B. The department has the following supporting role involving aircraft accidents: C. D. 1. Assisting medical providers in aiding the injured; 2. 3. 4. 5. Providing ingress and egress to emergency vehicles; Securing the impacted area in the same manner as a crime scene to preserve evidence for federal or military investigators; Restricting unauthorized personnel from rescue and medical operations areas; Identifying and retaining witness to the accident; 6. Handling crowd control responsibilities; and 7. Maintaining traffic flow on streets and freeways in the vicinity of the accident. This category of disaster normally requires a response from a wide array of municipal, county, federal and commercial agencies, and all participants in this process must understand each other's role in order to properly integrate their activities in an effective manner. All Division Commanders, Night and Weekend Commanders, and Executive Officers are responsible for maintaining a current and revised copy of the Police Department's role in the plan, and being prepared to operate within the scope of the plan . . 02 DEFINITIONS A. B. C. D. E. F. "Fallen Aircraft" means any event where an aircraft contacts an object outside its normal scope of operation which results in damage or injury. "Airport Operations Area" (AO.A) means a secured, "sterile" area of the airport limited only to the access and movement of aircraft, marked vehicles, and persons with authorized clearance. This area is distinguished by fencing surrounding the perimeter. "Alert Ill" means a declared civil on-airport emergency involving a fallen aircraft, initially activating Airport Fire Rescue, Emergency Medical Service, and Airport Police. "Military Aircraft" means any aircraft contracted with or belonging to a military service of the United States of America, or foreign country. "Air Carrier Aircraft" means any aircraft used for the pu~pose of regularly scheduled passenger or cargo transportation, with a gross weight of over twelve thousand five hundred {12,500) pounds. "Private/Commercial Aircraft" means any aircraft flown for private or commercial usage with a gross weight of twelve thousand five hundred (12,500) pounds or less. 349 G. ''Triage Area" means an area that medical personnel partition into three segments: one for any deceased or untreatable victims, one for seriously injured casualties, and one for minor or non injured persons . . 03 RESPONDING ENTITIES A. National Transportation Safety Board - By law, the N.T.S.B. has the responsibility for the investigation of causes of civil aircraft accidents involving major personal injury or substantial structural damage to the aircraft. This agency responds on a nationwide basis within twenty-four (24) hours of such accidents. B. Federal Aviation Administration - The F.A.A. is concerned with every aircraft accident, primarily investigating violations of federal aviation regulations. c. D. E. F. G. United States Military Fire Rescue - These units respond to military aircraft accidents on and within a seven (7) mile radius of the base, although assistance from local authorities may be necessary. United States Military Investigators - Accidents involving military aircraft are investigated by the responsible branch of service, although they may request assistance from the N.T.S.B. or F.A.A. San Antonio Fire Department - The first responding unit to the scene of an aircraft accident within civil airport curtilage is the Airport-based units of the S.A.F.D. Additionally, the ranking officer from the S.A.F.D. has full authority over rescue and fire fighting efforts involved in all aircraft accidents within the City, and is also responsible for directing and coordinating the activities of other agencies involved in the immediate control of the situation (excluding crowd control, traffic diversion, and site security). San Antonio Emergency Medical Service - E.M.S. has the responsibility to provide medical aid and transportation for persons injured in aircraft accidents within the City. Accidents involving mass casualties may require the establishment of secure triage and air evacuation areas. Airport Police - This unit falls under the control of the Director of the Department of Aviation, and provides the initial law enforcement response to on-airport accidents. S.A.P.D. officers may be required to supplement functions pertaining to AO.A. and crash site security in the event of an accident of major proportions. H. Airport Personnel - The Department of Aviation has an employee callback system that recalls key staff and maintenance personnel to assist in the accident response. These individuals will display identification on their persons and vehicles. I. J. Air Carrier Representatives - Commercial air-carrier aircraft accidents require company representatives or agents for purposes including press information, passenger care, baggage custody, post-crash investigation, and aircraft disposition. Bexar County Medical Examiner - The Bexar County Medical Examiner is responsible for directing and coordinating the recovery, collection, identification, and processing of the dead and their personal effects. K. Public Utility Companies - In the event the aircraft accident affects any public utilities, the proper entity will be summoned to handle the problem. 350 • • • • • • l , i l I . i r e t ~ - .. t .04 .05 ACCIDENT CLASSIFICATIONS A. Civil On-Airport Accident - Includes cases where a nonmilitary aircraft has fallen within the curtilage of a municipal airport (including all peripheral property belonging to the airport). B. C. 1 . 2. 3. 4. 5. The Director of the Department of Aviation or his designee has overall responsibility for the overall coordination and direction of on-airport operations. Airport Operations Officers Initially fulfill this responsibility until property relieved. The Airport Police Department has the primary responsibility of preserving the integrity of access to the Airport Operations Area. The F.A.A. Control Tower has control of all aircraft/vehicular and personnel traversing within aircraft movement areas beyond the ramp (aircraft parking and service areas), unless the airport is declared closed. The Facilities Maintenance Division of the Department of Aviation has the responsibility of restoring the airport to operational status. In the event of a major disaster, a ranking representative of the Police Department reports to an Emergency Operations Center established on the mezzanine level of Terminal One. Civil Off-Airport Accident - Includes cases where a nonmilitary aircraft falls outside the curtilage of an airport. 1. The ranking officer from the S.A.F.D. at the scene of all aircraft accidents occurring within the city limits is responsible for the direction of rescue and fire-fighting efforts. 2. The Police Department has the primary responsibility for crowd control, traffic diversion, and security. Military Off-Base Accident - Includes cases where a military aircraft falls outside the curtilage of a military installation. 1. The ranking officer from the S.A.F.D. at the scene of all aircraft accidents occurring within the city limits is responsible for the direction of rescue and fire-fighting efforts (excludes crowd control, traffic diversion, and security). 2. 3. If within the responding distance, military fire/rescue vehicles provide emergency services to the fallen aircraft. Due to the potential of classified material or cargo aboard a fallen military aircraft, site security will become the responsibility of the branch of service involved. D. Military On-base Accident - In cases where an aircraft falls within the curtilage of a military installation, the base normally has the resources to deal with the situation, although it may request municipal assistance when needed. Considerations such as crowd control and traffic diversion outside the perimeter of the base may be necessary. RESPONSIBILITIES A. Communications Supervisor: 1. 2. Upon any form of notification regarding a fallen aircraft, or an Alert Ill at International Airport, monitors its progress through completion; Assures that a sufficient number of available Patrol and Traffic units and a Field Supervisor are dispatched to the scene of the fallen aircraft; 351 3. Designates a channel, with an experienced dispatcher, to be dedicated to the situation, upon confirmation of a major accident involving a fallen commercial or military aircraft; and 4. Notifies the appropriate command personnel in accordance with Procedure 314.00, "Command Notification." B. Initial Responders (normally patrol officers): 1. Ensure that sufficient medical attention Is given to injured persons by: a. Rendering first aid when necessary; b. Providing emergency apparatus ingress and egress; c. Assisting medical personnel in establishing triage areas; 2. Quickly assess the magnitude of the situation and relaying pertinent information to the dispatcher; 3. Request additional support and supervisory personnel; 4. Identify the boundary or perimeter area impacted by the fallen aircraft; and 5. Protect and contain the area impacted by the fallen aircraft in the same manner as a major crime scene. C. Field Supervisors: 1. Respond to the scene when requested, assume command of the situation until relieved, and summon sufficient personnel as needed for security, spectator, media, and perimeter control; 2. Establish staging area(s) for on-scene assignments; 3. Act as the initial field coordinator and liaison to the San Antonio Fire Department, Emergency Medical Service, Bexar County Medical Examiner, military, federal, and other police entities; and 4. Brief the ranking Patrol Commander at first opportunity and ascertain the need for command personnel. D. Field Commanders: 1. 2. Establish a Field Command Post in accordance with Procedure 801.00, "Unusual Occurrence Plan;" Implement Procedure, 806.00, "Mobilization," in the event the situation requires additional resources; 3. Limit access within established perimeter to authorized personnel (off-airport); 4. Limit access within the Aircraft Operations Area to authorized personnel (on-airport), by: a. Assisting airport personnel assigned to access points; and b. Escorting emergency personnel to scene. 5. Maintain ingress and egress to impacted area by emergency vehicles and personnel; 352 • • • • • : • : • : • :e 6. Provide for the control of media and spectator groups in proximity of the incident; 7. Arrange adequate traffic flow around or deviations from accident site; and 8. Insure that the appropriate command personnel are notified and informed of the status of the incident, In accordance with Procedure 314.00, NCommand Notification.N 353 [ . I r- , t ~ - ! ~ I> ~ ! ~ - t .01 .02 .03 I1ill II I' lil;illll'llll lrl1Pri1' . i. • •••· ••·i. r. ••. 1 .·• • · i · ••· • •·lli. 1.1111111~~11 Ill ··•:• ···•:-:-:-:-• ,•,:- :- :,:- •-:,:-:-· INTRODUCTION A. In unusual occurrences, effective control depends upon the immediate activation and deployment of police manpower and resources to allow the department, in conjunction with other agencies, to quickly re-establish order. B. C. D. Supervisors at the scene of an unusual occurrence must continually assess the situation to determine the proper allocation and utilization of manpower and resources. This evaluation should not focus primarily on the present requirements, but on future needs as well. The periodic redistribution of manpower to maintain order, establish control, and accomplish law enforcement objectives is essential in a decentralized police environment. With this understanding, this procedure is designed to provide an immediate and organized recall of personnel necessary to deal with those situations which are of such magnitude that the on-duty manpower is insufficient to manage the incident. Additionally, this procedure provides for requests for support from other agencies through Mutual Aid Agreements. Although this procedure is designed for all types of unusual occurrences, it is designed to supplement, not replace, those procedures applicable to the recall of special response teams (Negotiators, S.W.A.T., Bomb Squad). DEFINITIONS A. "Unusual Occurrence" means an emergency situation that is of such a significant magnitude so as to compel the recall of personnel, or support from other agencies in order to protect life and property, prevent escalation, and restore order. Unusual Occurrences include Critical Incidents, Civil Disturbances, and Natural and Manmade Disasters. B. C. D. E. "Critical Incident" means a high risk situation that imminently poses a continuing threat of death or serious bodily injury to any person, by any person, and includes Hostage Incidents, Barricaded Individuals, Terrorist Actions, Sniper Incidents, Bomb Incidents, and High Risk Suicide Situations. "Civil Disturbance" means any domestic emergency such as a demonstration, strike, riot, and/or public panic which has the potential of causing casualties or major damage to property. "Natural Disaster' means the damaging effects of hurricanes, tornadoes, windstorms, thunderstorms, floods, earthquakes, or other natural phenomena. "Manmade Disaster' means the threat to public safety created by fire, conventional or nuclear explosion, air crash, accidents involving hazardous materials, train mishaps, and/or utility outages or shortages. MOBILIZATION PHASES A. Phases 1. Phase I is implemented for an unusual occurrence that the total manpower and resources assigned to the on-duty Patrol and Traffic shifts: a. Cannot control the occurrence; b. Cannot provide adequate coverage to other sections of the city; or 355 8. C. c. Cannot conclude the occurrence within a reasonable length of time. 2. A Field Command Post is established and the necessary radio frequencies are assigned and dedicated specifically for the unusual occurrence operations in accordance with Procedure 801.00, "Unusual Occurrences Plan." 3. Phase I recalls the necessary off-duty personnel, including their respective supervisory and command officers, assigned to the oncoming shifts, In the following order: a. Off-duty Traffic Division personnel assigned to report to the oncoming shift; b. Off-duty Patrol Division personnel assigned to report to the oncoming shift for the service area responsible for the occurrence; c. Off-duty Patrol Division personnel assigned to report to the oncoming shift for adjacent service areas; and d. Off-duty Investigations Division personnel assigned to report to the oncoming shifts. 4. Implementation of Phase I is initiated by the command officer who was notified and responded in accordance with Procedure 314.00, "Command Notification." 5. Notice of Phase I implementation is made to: a. The Deputy Chief assigned to Traffic Division; and b. The Chief of Police, or, in his absence, the Acting Chief of Police. 6. The City of San Antonio Emergency Operations Center is alerted. Phase II 1. Phase II is implemented when the occurrence has reached a condition where the total manpower and resources mobilized in Phase I are not adequate to control the situation or to adequately protect the lives and property of the citizens of San Antonio. 2. Phase II requires the recall of all departmental personnel. 3. All leave, training, and support activities are canceled (excluding injury and sick leave). 4. Mutual Aid from the Bexar County Sheriff's Office and Texas Department of Public Safety may be requested. 5. Implementation of Phase II is by the Chief of Police or, in his absence, the Acting Chief of Police. 6. Notice of Phase II implementation is made to the City Manager and Mayor. 7. The activation of the City of San Antonio Emergency Operations Center is determined and made by the City Manager or Mayor. Phase Ill 1. Phase Ill is implemented when the unusual occurrence has reached such a catastrophic condition that the situation cannot be controlled by the combined resources of the City and County law enforcement agencies. State and Federal assistance is requested. 356 • • • • • • : • - . ~ t :e • • • • 2. All requests for State or Federal Disaster Relief assistance, including the National Guard, must be made through the Office of the Chief of Police (by authority of the Mayor). This request is made to the Texas Division of Emergency Management through the Commander, Region 3, Texas Department of Public Safety . . 04 MOBILIZATION RECALL A. B. c. D. E . This section Is applicable to the recall of personnel, regardless of the Phase. The notification message shall be formatted to inform the member of the Phase status of the department, a brief description of the unusual occurrence, the required equipment, and the location and time to report for assignment. All sworn members are to report in the regulation uniform, unless instructed otherwise. Phase I 1. The Incident Commander: 2. 3. a. Determines the number of necessary personnel from the oncoming shifts to be recalled; b. . Decides if relief days, vacation, training, and support activities are canceled; and c. Notifies the on-duty Communications Unit shift supervisor of the personnel designated to recalled. The Communications Unit shift supervisor: a. Notifies: (1). The Office of the Chief of Police; and (2). The Deputy Chief assigned to Filed Operations Ill. b. Directs and supervises the notification of all command personnel assigned to the oncoming units or shifts designate to be recalled; and c. Initiates a follow-up notification of all nonsupervisory personnel assigned to the on coming units or shifts designated to be recalled, thereby ensuring notification of all effected personnel. Notified Service Area, Shift, and Unit Commanders notify their respective oncoming supervisory personnel. 4. Apprised supervisory personnel notify their respective oncoming subordinates. Phase II and Phase Ill 1. All relief days, vacations, training activities, support activities, and other leave (except sick and injury leave) are automatically cancelled. 2. The Incident Commander notifies: a. b. The on-duty Communications Unit shift supervisor; and The Office of the Chief of Police. 357 .05 3. 4. The Office of the Chief of Police notifies the Office of the City Manager and Mayor. The Communications Unit shift supervisor directs and supervises the: a. Notification of all Division, Section, Service Area, Shift, and Unit Commanders; and upon completion; b. Initiates a follow-up notification of all nonsupervisory members, thereby ensuring notification of all personnel. 5. Division, Section, Service Area, Shift, and Unit Commanders notify their respective supervisory personnel. 6. Subordinate commanders notify their respective subordinates. 7. The Incident Commander may request television and radio stations to assist in the recall of personnel. ASSIGNMENT OF PERSONNEL A. The Incident Commander ensures the recalled members receive specific assignments. Assignments are prioritized and given at the staging area, and may be divided into four categories: 1. Relief of on-duty members; 2. Containment at the scene or control of the perimeter surrounding the occurrence; 3. Provide service coverage to other sections of the city; and 4. Assignments involving specialized needs are coordinated with the appropriate specialized Unit Commander. B. The Incident Commander determines the need for a twelve (12) hour shift operation. The twelve (12) hours shifts are identified as follows: 1. The first shift is identified as ALPHA. 2. The second shift is identified as BRAVO . . 06 OPERATIONS • • All Police Department operations are conducted in accordance with departmental procedures relative to the occurrence and the Emergency Operations Plan for the City of San Antonio. • • • 358 • -0 CJ) CD m --co u, -I o_ • • ::J 0 iz - "tJ CD --c 0 r . 00 , C) CD C. C: --c • CD en • • • • • ~I :• ;e :e I . :. l ~ · • • .01 .02 .03 tllllllllllllllllillllllllllll 1ili1 1 IIII INTRODUCTION The purpose of this procedure is to establish guidelines for documentation involving all Accounting pay sheets, and the manner in which they are prepared. Unit Commanders are responsible for a complete and accurate accounting of all time spent by individual members and the proper disposition of holiday leave, compensatory time, bonus days, administrative leave, special assignments, partial tours of duty, and injuries received on duty. DEFINITIONS A. "Special Assignment" means any assigned duty of a member from his parent unit/shift to another unit/shift which may normally last no more than sixty (60) days. B. "Pay Sheet" means the document used to account for a member's presence or absence from duty. C. "Parent Unit" means that unit/shift in which a member is regularly assigned to perform service. D. "Pay Week" means the period from Saturday through Friday. E. "Anniversary Date" means the annual anniversary of the officer's beginning probation with the Department. PAY SHEET ABBREVIATIONS, SYMBOLS AND RESPONSIBILITIES A. The highest ranking member of any unit is responsible for the accuracy of the Pay Sheet, S.A.P.D. Form No. 17-303, although he may delegate authority for entering data to another member of the unit. B. A ranking member of the unit is responsible for reviewing and approving all overtime cards that are submitted . C. The actual work status of an individual is identical to that listed on the pay sheet. Any other representation constitutes fraud. D. E. Members assigned to functions which require them to work during hours designated by contract or Administrative Directive as hours for which a shift differential would be paid are so noted on the pay sheet. This information is recorded in the column used to summarize the total number of hours worked subject to a pay differential. All members currently assigned to each unit are listed alphabetically by rank for sworn members, with each individual's Personal Identification Number (P.I.N.) in the columns provided. Non-sworn members are listed alphabetically, below the sworn members, on the unit's pay sheet. 359 .04 F. G. All Notice of Leave forms (pink slips) and orange Compensatory Time Off cards are attached to the pay sheet at the end of the pay period. Unit commanders are responsible for ensuring that each absence listed on the pay sheet has corresponding documentation attached. (Pink slips and orange Compensatory Time Off cards are not accepted on a daily basis by the Accounting, Budget, and Personnel Unit.) The following symbols and abbreviations are used to denote an employee's work status for each day: I. ·;- means present for duty; 2. V means vacation or annual leave; 3. "H" means holiday leave, (either accrued or the actual day on which the holiday occurs); 4. "FH" means floating holiday leave; (Civilians); 5. "OF" means absence from duty due to a death in family, {the Relationship of the deceased is shown on the Pink Slip or Notice of Leave); 6. "SA" means the member is on special assignment to another unit, {the unit to which the member is assigned is shown in the remarks column of the Parent Units pay sheet); 7. "LWOP" - means leave without pay; 8. "ML" means military leave, (with proper documentation submitted prior to scheduled departure); 9. "SP" means suspension without pay; 10. "CT" means compensatory time off, {documented and submitted in advance of departure); 11. "IJ" means injured on duty leave for a sworn member; 12. "AL" means administrative leave, (i.e., travel, other leave with pay situation, etc., approved by the Chief of Police); 13. "S" sick leave; 14. "RD" relief day; 15. "B" bonus day leave; and 16. "IJOP" - means injured on duty /civilian without pay SPECIAL ASSIGNMENTS AND ADMINISTRATIVE LEAVE A. Members of the San Antonio Police Department who are placed on Special Assignment by their unit commander or Administrative Leave by the Office of the Chief of Police, are so designated on the pay sheet of the parent unit. B. The purpose and location for any Special Assignment or Administrative Leave is shown in the remarks column of the pay sheet. 360 • • • • • • • • • • ~ - C. If an employee is on Special Assignment to another unit, that unit acknowledges such Personnel by name on its pay sheet and accounts for all time, including City of San Antonio Notices of Leave (Pink Slips), until such time as the employee returns to his parent unit. D. Upon a member's return to the parent unit from any special assignment or administrative leave, a note is made In the remarks column of the pay sheet Indicating the date the member returned to the parent unit. / 9PIIIl:::i:::: : : : rM+.9Q9l :lQQN9:BI §aflQ$ @ ilitlFIMmP!if!JMtJffi9W (4):Jj§gti@t: mt.mRPiJ flffli:J §.t:fJ§®.Y.n§J]ieoo::a,tmt-J.:JUP!1. {) ffig§tj~ b.ldotUit.wil .06 .07 .08 :-:•:•:-:•:•:❖:•:-:-:-:-:-:-:-:-:,:-:-:-:-:-:-:-:-:-: 9.JtttEI:rli( R@f#:!!!lliHt: iilirrmfiltwJE imll:Yl!B ~ U §§mP!fil.lffliM EG:::ieP!>. ll if M mlil 2£Mm9.l!!l9fii ltfl:IJ!I m ::B§mffiffim::m~r:r~~gu m tf.19.fii.~oo:::§!§.§gs P tE:Etl:::tt{ mJffl:E ~ I ln@I m!lllii"!ltil: J ~U!n@I 9~Sf@if!ttffl§!M.;t]?:tlvf:U i§§rgmtt§rt:t'§\p fgy@:j/ pf.§ §qfg r N@ P!-~::nmi: ttfflllBPPn.!1:@illgp~~ PARTIAL TOURS OF DUTY A. B . C. Employees relieved from duty prior to the end of their normal tour-of-duty, are so marked on the pay sheet in the remarks column. Employees reporting for work late, or who have been excused from their assignment for a period of time during their tour-of-duty are noted on the pay sheet. Time off that is less than a full hour is marked In minutes on the pay sheet in the remarks column. The symbol entered for that day is the "/" symbol with the remarks in the appropriate column. INJURED ON DUTY A. Members requesting to be carried as injured on duty are required to seek immediate treatment- by a medical physician if they have not already done so. Before an employee is carried as injured on duty he is required to have a physician complete S.A.P.D. Form No. 172, Physician Authorization/On-Duty Officer Injury Status Report. The completed report is turned in to the employee's supervisor who ensures that the original copy is routed to the Accounting, Budget, and· Personnel Unit. B. The employee's supervisor is responsible for having S.A.P.D. Form No. 172 completed by a physician when the injury is of such a nature as to preclude the employee from doing it himself. COMPENSATORY TIME A. B. C. Officers may accrue compensatory time in place of overtime pay, when the overtime has been approved by their respective Unit/Shift Commanders. Upon retirement or termination, an officer may be paid for his total accrued compensatory time according to his current hourfy pay rate. Compensatory time has a limit of four hundred-eighty (480) hours accrual. 361 . 09 HOLIDAYS A. Officers accrue holidays according to their current work assignments. B. Upon retirement or termination, an officer may be paid for his total accrued holidays. C. Holidays have a limit of three hundred-twenty (320) hours accrual. .10 SICK LEAVE .11 A. Officers accrue sick leave on a monthly basis and with no limit on how much sick leave is accrued. 8. Upon retirement or termination an officer may be paid for his sick leave up to ninety (90) days except for sick leave that was accrued but not used from September 1, 1975 through August 31, 1977. C. Any officer who requests forty (40) hours or more of consecutive sick leave must present a certificate from a physician, which documents confirmation that the member was sick and unable to work for the Department. Non-sworn members sick leave is governed by City Directive No. 4.2. D. The Department has the authority, at any time, to order any officer to submit to a medical examination. BONUS DAYS A. Effective April 1, 1987, officers became eligible to be credited with additional leave time as compensation for perfect attendance during each quarter of a calendar year. For purposes of this policy, perfect attendance days are known as bonus days. A quarter shall extend from: 8. 1. January 1 to March 31 ; 2. April 1 to June 30; 3. July 1 to September 30; and 4. October 1 to December 31. Full vacation day, bonus day, J,oliday, and/or full day of compensatory time usage that has not been scheduled in advance (prior to the end of that officer's preceding days shift) by a supervisor disqualifies an officer from receiving a bonus day. One bonus day shall consist of eight (8) hours and is awarded for each quarter of perfect attendance for a total of four (4) potential bonus days per year provided the following criteria are met: 1. In order to receive a bonus day, officers are not to be off from duty for any of the following reasons during a quarter: a. Any time off for sick leave; b. Off-duty injury; C. Military leave in excess of (15) fifteen days in a calendar year; d. Leave without pay; e. Stress leave; f. Suspension regardless if time is lost or forfeited; 362 • • • • • • • • • • • :• , . • l • C. D. E. F. 2. g. Unscheduled compensatory leave, (for a full day); h. Unscheduled annual leave, (for a full day); or i. Unscheduled holiday leave, (for a full day). Vacation, compensatory time, or holiday leave for less than a full day, does not disqualify an officer. 3. Bonus days have a limit of three hundred-twenty (320) hours accrual. Supervisors are responsible to notify the Budget, Accounting, and Personnel Unit of any unscheduled leave taken by an officer. This notification shall be provided on the Pay Sheet or Compensatory Time Off card/record. For the purposes of this policy, unscheduled leave shall be defined as any leave taken without approval by the officer's appropriate supervisor before the officers last tour of duty before the day being requested. Unit supervisors are responsible for submitting a list of officers under their supervision who earn a bonus day for the preceding quarter. This responsibility includes any officers on special assignment to their unit at the end of the quarter. This list is turned in to the Division Commanders Office. The Division Commander sends a completed list to the Accounting, Budget, and Personnel Unit no later than thirty (30) days after the end of the quarter and shall consist of the officer's name and badge number . The Accounting, Budget, and Personnel Unit provides each section with a computer printout showing the officers assigned with the types, dates of leave used during the quarter, and if the time was unscheduled. The printout is distributed approximately two (2) weeks after the end of each quarter. Probationary police officers are eligible to receive a bonus day only after completing a full quarter upon graduation from the Training Academy . . 12 ANNUAL LEAVE A. Guidelines 1. Members of the San Antonio Police Department submitting requests for annual leave, do so no later than January 15, of each year to the appropriate Shift/Unit Commander. · 2. Shift/Unit Commanders submit completed vacation schedules to the appropriate Division Commander by February 21, of each year. 3. Annual leave may be taken in two (2) parts, of which the smaller part is at least five (5) working days. 4. Split annual leave periods require a minimum of thirty (30) days between periods. 5. Members anticipating military leave during the periods of June 1 -August 31 and November 15 - December 1 o, submit the approximate dates, (if unknown, use previous year military leave date for your unit) along with request for annual leave. Should the military leave fall during the above listed periods, the officer limits his annual leave request during the peak periods to five (5) working days. 363 B. Limitations 1. Vacations and military leave are grouped together for scheduling purposes. To insure sufficient strength in each rank throughout the year, the following limitations are in effect: a. Deputy Chiefs: A suitable schedule is worked out by the six Deputy Chiefs; b. Captains and Lieutenants: Grouped by divisions. If a total group is eight (8) or less, only one (1) may be on vacation or military leave at a time. If a total group is more than eight (8), not more than two (2) may take vacation or military leave at any one time; c. Sergeants: Grouped by section and are limited as the Captains and Lieutenants; and d. Detective Investigators and Patrol Officers: Grouped by shift/unit and are limited to twelve (12) percent of each rank on vacation and military leave at any one time. 2. During the periods of Fiesta Week, and December 20 through 31 (Christmas), the maximum number of police personnel allowed on vacation is six (6) percent per shift/unit. No officer on any leave status is allowed to work overtime for the City of San Antonio, unless ordered to return to duty by a Division Commander. 3. The vacation schedules of the sworn officers is kept by the Division Commander and a copy is submitted to the Court Liaison Officers and Municipal Court. 4. Probationary police officers are not allowed to use any vacation or sick leave during their initial thirty (30) week probationary period, (probationary officers may use their accrued holiday and/ or compensatory time instead). C. Responsibilities of Commanding Officers 1. Commanding Officers insure that annual leave lists are typed, grouped by month, listed by rank, alphabetized, and coded by badge numbers. 2. Commanding Officers determine the most practical schedule for non-sworn members employed by the department, and retain this schedule with the schedule for sworn members. D. Accruals 1. Officers accrue vacation time on the basis of the following schedule: Completed Years of Service 1 through 10 11 through 15 16 and Over 364 Vacation Time 120 working hours (15 days) 160 working hours (20 days) 200 working hours (25 days) • • • • • • • • • • • , I' I ~ · • • • •• L • • i 2. Vacation time shall be accrued and credited as follows: a. Officers having one (1) through ten (10) years of completed service shall accrue vacation time at a rate of ten (10) hours per month; b. c. On the date an officer completes ten (10) years of service and on each anniversary date thereafter, he is credited on a lump sum basis with forty (40) additional hours of vacation time; On the date an officer completes fifteen (15) years of service and on each anniversary date thereafter, he will be credited on a lump sum basis with forty (40) additional hours of vacation time for a total of eighty (80) hours; and 3. Non-sworn members accrue annual leave according to City Administrative Directive No. 4.2 . . 13 SUSPENSIONS A. 1. 2. 3. 4. 5. im•tfflitPtmtJtt!n: ]ffl!§l]M!!P:(f: @t[itggl[@f)IYW: )P[[§fW:IHtiB®l§ff:§fHffl®tMOOlf) days or more, !ffi!MMt©:mmt@mqijj§ij~ all property belonging to the City of San Antonio (i.e., firearm(s), haridcijtfa;··badge:· .. kfonilfication, etc.), to his supervisory officer serving the suspension. Supervisory officers receiving city owned property from the officer, issue a completed Property Receipt, S.A.P.D. Form No. 113, for the relinquished property and place said property in the San Antonio Police Department Property Room under a "K-Tag" as personal property and write on the tag "SUSPENSION" below the property tag number. Should a member forfeit accrued leave in lieu of a suspension, the officer is not required to relinquish property belonging to the City of San Antonio. Upon completion of the suspension, the officer reports to his commanding officer who in turn allows for the property to be released from the property room and returned to the officer. · Accountability and disposition of all property belonging to the City of San Antonio, that_ is taken from an officer, is documented on an Incident Report by the supervisory officer taking custody of said property, (Reports submitted are for Departmental use only). The original Incident Report along with the property receipt is forwarded to the Office of the Chief of Police, with copies directed to the appropriate Division Commander, Internal Affairs, Accounting, Budget, and Personnel Unit, and the Departmental Armorer. §f}llll!l§Bfii@nf.Htfi mtmt@fil§.Q]fj\§ J t&f&Wl•irt11111111r•111111111 11111 1r1,11111 Z }Mtiitl ll!Jr•l~li-1111t~1!-i1Tdlllillfl W MM!fl;llliPlllitillllllllllm1111111fliil lillfal1 365 ~ , ,,, ''l;rr;;;ij;;§;!at~•T(l~ltl)':t~ tile' l)ffl(;f:f~tl(l~;r~, !!l!!~l!!!~ irniinttiiDiilil-~f tmtoom!fflir i~m'.!9Iij§rop1i~ mAAffifteyJt@, Q W llt§l1!il'.9t~ . 14 TARDINESS A. Members who are g!:>ing to be late for duty, shall notify their respective units as soon as possible. B. Members not on scheduled leave and who fail to report for duty within one (1) hour of the commencement of their assigned duty hours are carried leave without pay for that day. C. Members failing to report for duty as scheduled, during any six (6) month period (January through June or July through December), forfeit accrued time according to the following schedule: 1. 2. 3. 4. 5. First Time Second Time - Third Time Fourth Time Fifth Time Forfeiture of accrued time equivalent to the tardy period with no punitive assessment. Forfeiture of accrued time equivalent to the tardy period with a punitive assessment of an additional two (2) hours and counseling. Forfeiture of accrued time equivalent to the tardy period with a punitive assessment of an additional four (4) hours and a written demerit. Leave without pay for the day and a written reprimand. Leave without pay for the day with additional disciplinary action recommended. D. Members shall submit a report on all tardiness occasions. E. Unit commanders: 1. Ensure that the member's explanatory report is filed in the member's unit personnel file; 2. Maintain a tardiness file for their unit and retain the file until the end of the six month period; unless disciplinary action is pending and the file is required for documentation of a member's tardiness; and 3. Submit documentation and recommendations for disciplinary action for members who have five (5) or more occasions of tardiness during a six (6) month period, to the section commander. 366 • • • .- • • • • • • • ~ ~ • !. L . :e � � L , � • • .01 .02 INTRODUCTION A. This procedure establishes a system to allow for the accurate control, tracking, and accountability of overtime, paid and compensatory. The process expands on the number of codes used to identify extra duty activities beyond the identification afforded by activity codes alone. § @!i!!H liitljll~t r~,r1111 111m11r~1~111: 1 1 ,111111t11r 1 DEFINITIONS A. 8. C. "Scheduled Overtime" means an extension of duty or return to duty for an event or activity involving more than sixteen (16) total man-hours and such event or activity is anticipated, approved, or assigned more than seventy-two (72) hours in advance. "Unscheduled Overtime" means an extension of duty or return to duty in the furtherance of assigned tasks not defined as "Scheduled Overtime." "Call Back" means the return to duty by an officer when such officer is instructed to report for duty by an appropriate supervisor or authority. 1c:r11:m=mrtneii aamrnaooeflofifniLsnrrtm a,rn1nmwmctHh.ifinemoet::was1rumonzedffo) wofkt overlime:::tiouis:Jor -:;- ;-;,;-;-;,:-:- : -::- :,:-:-:,:-:,ffi :::ri~P9rt$ff~~;:::mr:]i~{l irmrP.Vi~I9.f JivimmiI R?.:i{::!IPr~~} fqrll~ij::::irmm§~{ jj{ - .. - ·-:-:-:::-: --:- :-:-;- :;-- ;::::: :::::,::,::: - : -:: - ·.;,:::,: :l/lf l:::1w1v.Mfl~Km4-YJJl:t#@~lt~::ittln.9!hijf tn~mp~@wim~rt)ij~J J.rjltt~§P@t@p~ij]§t:~PP.tgyij!f jrjg i mrn:1111m~@IIPPrAYJns)Jmramw: m,~tmm~i@H1tt::tM.@s1mµm.W#tJmmmitn~1Ji4?mPY!mt::msn~mm~ EK:.IIIIIw!~HmtwmrJ!tifmtlhi\ JJHY!~i,mJ} J§rt~m9hI Jtffil:::mim~rI :Yt:~~\IWD9f!3~9/t.tm W:§tK::~mmi\fqffli rmnm~~=tJ9!:::mtJfeet2vir:2t: @v~n1,rmtJsijvt B~etff~: J2t:::~!F:m~m.m~r<*'~: 1 tttt::::::t:1n~:1:~iJni>.flffi ::9~i9ltitt2::~mmnmi~mei? «"mv x:1r~r gw,~@ttt~oon§!~i::f 2fijper.2~!; Jtjq ! tit:!IE?wH:@/ Jppf§y}tjg\~ffl~Mitifitm.9.~t]r@F.MWf nif ~gg; ij:)jµttjpgfj;tjg¥([ :l§.\pijj~ppfgwNt: msn~tf!tf.~ sffitl!EllJ?:¥ffR1W~1§{ ggg§J!flQQEQQfl§ A. 8. Prior to approving an "Overtime Pay Record" or "Compensatory Overtime Record, N Unit and Division Commanders shall identify the category of overtime by writing the appropriate code in the iPPt~~itft:~~: mmx!Pmt@n:::in~t Pv~ffirn@t R~v:::Bij§§@n§ t~mgrfi§.tm.t N§n 1$.s The following alphabetical codes and their descriptions are assigned to overtime. 2. "AE" is used for an extension of an assignment, authorized by a supervisor. 367 3. NAI" applies to overtime for personnel engaged in Training Academy activities as an instructor, this is exclusive of members permanently assigned to the Training Academy Section. l\!rnii!I!i:!lm l!Hll[li11 \ll&\llltjlllflll i~~miilltl&!!it!ti%tl§ffi l;~ ? ifa@[!tll!lilltrni11r,I Ill.l 1 ';l§!!!§Mffi\f&Bilflli!fi:t@t~~~ifflf1mffiffi!lijj§lifE!ffl@tll l~lltltlr@ff@lll:@P.P.lffil( !ttifti.t§ff¼.ftjfifffinffl§Yffiifitlttlti~U@fflfiqyiftJiffim!~m.!t\ 7. 9. 10. 11. 12. "BS" is used exclusively by Bomb Squad Members and refers to bomb-related incidents and training. "CC" designates overtime for attendance in County Court. "CD" identifies overtime for attendance in District Court. "CF" signifies the overtime was for attendance in Federal or Civil Court. "CM" specifies overtime for attendance in Municipal Court. : 1;;:J]l:Jt~tf!Il:~} µj~{ fgr ) Q!~: 1 : !I ii!i/~yw.j{j: ]tm!P9tnii :tni{ ~@.9.!~ : )Jflll lI;QfltEIJffi!l§§ff!lt::Jij9:J$(:f:rn.m~:::l;:::P@:!f1ittI§f)nlI Pffi§Jqjij:Jf§ri~j~ms.t etim· 15. 17. "DW' identifies the overtime was for hours worked under the D.W.I. Selective Traffic Enforcement Grant. "EC" classifies the overtime as an emergency call back; exclusive of SWAT, Negotiator, K-9, Special Operations Unit, and Bomb Squad Members. 18. "FF" identifies the overtime was for hours worked under the Fifty-Five (55) mile per hour Speed Compliance Grant. :1!/]IEIME!lil]ll#~m!f!~! :lmt@yijft!mi::W!,:::t§.r:::n§gt§t~§.rl~/I I t~Hr]ij~} ~rnrmN iQ@ltII:!FMf lilI&ifflm~: jpgi ]:raffl!m!::rl:J !{ !gt]i:§Hffitff§rRm-&~!JtiLffiitfilJjfyi:rI !imPW i1@:E1Jl1ffNMIII]qf fflm~]Bil i!Yffi!!mij/ wi.i::l!9tm§H@[::!l9!!!9l!]mfamf~l Jf!!;fiURlt¥.!!~i ggf :II1I!E91IIIHsimm~]til: J™wj!m~f wii: Jeel29ffi\ Mt2llw.J.Iltl Jti::m~l: JBRgf::§§Yim~: 23. NFS" indicates the overtime was for Fiesta-related events not otherwise assigned an individual numerical code. 24. "Fr indicates the overtime as Field Training Officer pay for Nonfield Training Officers. This category requires the "Observation Report" to be attached to the card and submitted to the F.T.O. Unit. 368 • •· • • ~ • • • • • • • . ~ .. • r 26. "GP" applies to all overtime accrued for Gran Prix-related events. 28. 29. 30. 31. 32. ·HN" is used exclusively by Hostage Negotiators for unit-related activities and training. ·HP" is used exclusively by Accounting, Budget, and Personnel Unit to identify those hours worked on holidays specified in Article XX of the Collective Bargaining Agreement by and between the City of San Antonio, Texas and the San Antonio Police Officers' Association. "IC" categorizes the overtime as involuntary nonemergency call back.(I.E., an officer is ordered by a supervisory officer to return to duty for an event, meeting, or task and such event, meeting, or task does not constitute an emergency situation). "K9" is used exclusively by K-9 Unit Members for unit-related activities and training. "LC" identifies late calls assigned by the dispatcher. ~rnt:itrnB~tittiPPUll} !~?: 1 w.J¥\ffiffl: 9\y{ §ne§yrymnt 1 ! m iml: J@:::Y~n1#.: JismtY~{ ltMEIEiitMltl:l: E:itim~!!~i ]~gµm::w2t~~@tt:JWJI MY.nie~EaY2.!!:i!Y.rrf JQftf:P:ytf \ smm§yrr@9.m ~@11tIJ1m1IiE:Jsin1m~::1n~E§vm1Hni:?~i: :12rmiHr~:::~2t1gg: JJr.tH~rJootMHn"gt~tJn!.igrwJt ar1m~, 36. "MS" applies to any overtime category not herein assigned a specific alphabetical code. ?:tlFIIIJ:N41::] [[{]i?:!mf.@i8tffirtRmt?W9.rK~If§r::!n!: Ji~rB!mmm ®.ff ttlf !R¥11 : l:IW:JJ.im1rf§!INIW\M~t!§{§jij)ffl:ll§m.t!t@: :ij$~ls.n~n@ ~ llfi}\! jf!,@}Jll'lllllll:ilil!llll f iif f:llllf 11!PijiiitAAgijjl~Sil!?!14l!Y !9{1{1It:8Alt[:Il!PWffli( ! § [IP:Yrul!m~f iiKif!§rmi]l~i R~t]!ffti1=gijt§} Pam: !lkllll!§P:!t:tF iPPU@!It#:31Wm1=m!Ui§@l)tfflr~: ::tmtffii:::~tJ~ij!(i§.tifi1i 42. "SC" applies to overtime for County Court Standby. 43. "SD" is used for overtime for District Court Standby. l!f !ili]!$i!IIIi@PPfff i:! l2::,n.t} §ff iY.bi:: ]~mmR¥ffWPUiUffl!:ii§w.i! itt: ~tq~i::im~mrts :-:•:•:•:•:•:- :•:• :•:-:-:-:·:• :•: 46. "SO" is used exclusively by Special Operations Unit Members for unit-related activities and training . 48. "SW" is used exclusively by SWAT Team Members for SWAT-related activities and training . 369 C. 49. 51. "TA" refers to overtime incurred by an individual member for training; exclusive of SWAT, Negotiator, Bomb Squad, K-9, and Special Operations Training. "UE" applies to those instances where the officer was unable to check out of service to eat. This code requires the attach'11ent of an explanatory report. 53. 'VO" is used exclusively for unsworn members' voluntary overtime. 54. 56. 'VA" codifies the overtime as voluntary return to service (i.e., volunteers are solicited for an event and there is no mandate to return for duty). "WR" identifies the overtime as being incurred by an officer authorized to work his relief days. ?t S:li:l ]]:~fflH)J§ IJi.j~/fffiri::~rnm~:=:nw.r.i:i:iemfgd§riii~RYwii/P!:Pt is.WJm:I ~§gf(i~: : : pri§(§.1§!~ f§t9.tstcPJs.mmit: Y]ft&m~$.?:mwt: M;x§rltJPt@qffgArtns'.i:1trnnir8Jt®@m Only one alphabetical code shall be affixed to the overtime card. In all instances it shall be the one most applicable. D. The Accounting, Budget; and Personnel Unit reviews the submitted and approved "Overtime Pay Record" or "Compensatory Overtime Record" to verify the correct alphabetical code is affixed. E. An "Overtime Pay Record" or "Compensatory Overtime Record" which is submitted without the appropriate alphabetical code is returned to the approving Division Commander for correction and resubmittal. :n:: :1:r:1:tt PYffllHTI~fl~yj§rnt: ;trnfflij} f#:h!f §tjij it\1!tJ!: mw~ut~tfg} gy/flII\llltlt91 g f ]::111:rn:gy~imif mYlP.!{f )!(:9:99:P"@: mmij:JJI t#!t~!fflt.tJM.fHitt:tttJ/jflttt:lP.?. ?.n:11:r:::1:Qvffll1,m1:::~rmP"@:::~tnt~i?"@rnrrffi:::@n4: @mr:tmmJ~:Jt@~t.~:::pyttttrnrn:qi :i:OO\tltlSC.HEOO.tEOAlVE=frtME/ROSTERS .;,;.;.;.:-:•:•:•:•:• : •:•:•:•:•:•:-:-:-:-:-:- :•:-:-:-:- :-:-:-:-:- :-:-:• :-:-: -:-:, :-:-:-:- :-:-:-:-:-:- :-:-:-:- :-:- :.:-:-:-:-:-:- :-:-:-:-:-:-:-:-:-:-:- : ,:-:-:-:-:,:-:-:-:-:-:-:-:-·- :-:-:-:,:-:-: -:- :-:-:-:-: m n ;;iull&IBR[tllllilli{llll1f iiii1f awi,m~~I !§tttmP!!!P§~g Rr!mt11oos ~ 1:::::11ttJ;~¢tt:m~m.pgt~t¢.Y.mm1!mt1: @vm::rnu~t)~iJtr.~MJ.mP-t~::~t@.9µiggJ~v1riin2~ti1fmijt~tt@ij]mtr.~r.~ 370 •· • • .- • • l ~ ~ � , . • ~ ' r ~ - t t lHiti'rna,1•i lllllilllllli•e~; )tm:i~~ 1 ~~ P m@@!i-•t1•1111111r11111 @!l!lt'.i!Qlffi[ Jljgp§fflpf~!mtffitm !!l(ffi@l@PPtm sI:ItttI§§ey::nl!!tJ1:11.~1,1t: ! ::peffl.r9!::nHm!ir: l.n~tel@"P.S9:!#Jtt#flM~s£2Hnmim.::§9.9.9@B1n~m~m§etm1 Ynt::mr: :tmimfflffi~: 371 .01 .02 t ,,. p I t • t • .03 l t INTRODUCTION This procedure establishes a system which provides for dynamic staffing of the Department as well as allowing professional growth and increased job knowledge among sworn members of the Department. PROVISIONS A. B. C. Provisions of this procedure govern transfers of all sworn officers. 1. The needs of the Department take precedence in all cases involving the transfer of personnel. 2. Temporary or special assignments will be for a duration of sixty (60)days or less, except with written permission of the Chief of Police. The guarantees afforded under this procedure do not apply to temporary or special assignments. 3. This procedure does not affect or limit intradivisional transfers. 4. 5. This procedure does not affect the special drafting or assignment procedures for those divisions with no transfer requests on file. Sections .06, .08, and .09 of this procedure apply to interdivisional transfers of patrolmen and sergeants within the Patrol Division. 6. The affirmative action goals of the Department are considered a factor in all transfers. There is no stigma attached, nor is there any retaliation, against an officer who chooses to use this procedure. The Chief of Police has the exclusive right to transfer employees within the Department in order to accomplish the mission and goals of the Department in the most efficient manner. SPECIAL PROVISIONS A. When an officer is promoted, all transfer requests of that officer are invalidated. B. Unless an overriding departmental need exists, all new officers are required to serve in the Patrol Division until completion of their probationary period. C. New officers are eligible for a voluntary transfer upon completion of their probationary period. D. An officer wishing to withdraw a request for transfer notifies the Career Activities Unit, in writing, through his Division Commander. E. An officer is not allowed to work under the direct supervision of a relative. F. An officer limited by physical disabilities or restrictions, who cannot be placed on full police duty assignment, may be transferred at the discretion of the Chief of Police. G. The Career Activities Unit is responsible for maintaining a records-keeping system to monitor transfer requests and officer transfers. 373 .04 REQUESTS FOR TRANSFER (PATROLMEN AND DETECTIVE-INVESTIGATORS) A. Transfer requests are submitted no earlier than thirty (30) days prior to the date an officer would be eligible for a transfer. B. In making the request to transfer, an officer indicates the division and section to which he wishes to transfer on the "Sworn Officer Transfer Request," S.A.P.D. Form No. 42-A. A unit may be specified; however, this will remove the officer from consideration by other units within a section. 1. An officer does not request more than one position on each form. Each form is considered one active transfer request. 2. Officers are limited to three (3) active transfer requests at one time. 3. Sworn officer transfer requests expire after a period of twelve (12) months. The request is then routed back to the initiating officer. 4. Should a Sworn Officer Transfer Request be resubmitted within ten (10) working days of the expiration date, the officer retains his original place on the transfer request list. If the form is resubmitted after ten (10) working days the request goes to the bottom of that specific transfer request list. C. In submitting a transfer request, an officer: D. E. 1. Completes the "Sworn Officer Transfer Request," S.A.P.D. Form No. 42-A, in duplicate; 2. Forwards the original to the Career Activities Unit through the chain of command; 3. Forwards a copy directly to the Career Activities Unit in order to ensure that the request is recorded regardless of the amount of time it takes the original request to travel through the chain of command. (This eliminates penalizing an officer whose supervisor or division commander is not immediately available to process the request); and 4. Understands that placing a request does not guarantee a transfer but ensures consideration of his request, a review of his record, and possibly an interview. The supervisor of an officer requesting a transfer has the following responsibilities. 1. Completes the appropriate section of the form, making a definitive statement about the officer's performance; 2. Rates the individual's performance as: a. Superior; b. Satisfactory; C. Satisfactory-improvements needed; or d. Unsatisfactory. 3. Forwards the original form to the Division Commander through the chain of command. The Division Commander completes the appropriate section of the form. The Division Commander recommends approval or disapproval on the transfer request form and cites the reason for his action. The transfer request form is sent to the Career Activities Unit. 374 • • • ~ · ' L • ~ , � • ' I: :e t '.. , ~ ~ ~ - F F. Should a transfer request not be approved, the original copy of the request is returned to the officer with the reason for rejection on the form. A duplicate is sent to the Career Activities Unit. .05 PATROLMEN AND DETECTIVE-INVESTIGATORS TRANSFER PROCEDURE A. B. C. D. E. When Division Commanders are authorized to fill a vacant position, they request, from the Career Activities Unit, a list of qualified individuals requesting a transfer to that position. 1. A written statement outlining any prerequisites, special needs, and prior experience requirements for the vacant position is routed to Career Activities Unit. The Career Activities Unit responds by supplying a list of qualified candidates. 2. Qualified candidates are those officers who meet the written criteria submitted by the Division Commander. An officer who does not meet the criteria is not placed on the list by the Career Activities Unit. 3. From the date that the list is requested, the Career Activities Unit does not accept further requests for transfer to that unit until the position is filled. If the request for transfer (fully processed and completed) is not in the Career Activities Unit when the request for a list is made the transfer request is not considered. Any exceptions must be approved by the Chief of Police. 4. Individual divisions, sections, and units do not maintain their own lists. Should a potential candidate be omitted from the list for any reason, he is notified in writing by the Career Activities Unit and has five (5) days to appeal to the Career Activities Unit, in person, indicating the reasons for appeal. Should the Division Commander eliminate all candidates on a list, or should no requests be pending, the Career Activities Unit advertises for additional applicants. The Career Activities Unit provides the Division Commander with a list of qualified officers requesting transfer to that division in order of the date of request. A copy of each qualified officer's transfer request accompanies the list. Division Commanders make their selection from the list of qualified candidates on the list. Division Commanders have three (3) basic choices with respect to these candidates. 1. They may select an officer; 2. They may not select an officer, and leave his name on the list for future consideration; or 3. They may reject the officer and remove his name from the list for cause. F. After the Division Commander has made a selection, a report is prepared indicating which officer was chosen for the position. 1. 2. 3. The report prepared by the Division Commander, the original list of names provided by the Career Activities Unit, and the memos to the officers not selected (specified in .05G) are sent to the Executive Officer in one package. The Executive Officer ensures the transfer procedure was complied with and directs that the proper transfer order be issued. Memos to the officers not selected are sent from the Executive Officer. 375 G. H. When the selection is made, a memorandum is prepared for each officer who was not interviewed, or interviewed but not selected, stating: 1. That he was not selected; 2. Whether he will remain on the list or be removed for cause; and 3. The name of a supervisor in the division whom the officer may contact to discuss the decision if he desires. When an officer Is contacted and Indicates that he will not accept the position at that time (regardless of reason), his name is removed from the list by the Division Commander offering the position. I. If the Executive Officer determines that this procedure was not followed, a transfer order is not issued until the problem is resolved by the Chief of Police. J. When an officer is voluntarily transferred pursuant to this procedure, all other transfer requests of that officer are invalidated. When an officer is transferred involuntarily pursuant to this procedure, all pending transfer requests remain valid and the officer is also eligible to submit transfer requests immediately with no time constraints. K. 1. Voluntary transfer means the officer· submitted a transfer request and initiated the transfer action. 2. Involuntary transfer means the officer was drafted or reassigned without submitting a transfer request and did not initiate the transfer action. The Chief of Police places the responsibility for the operation of a division on the Division Commander, whose decision regarding the selection of personnel are final. The Chief of Police does not hear appeals from individuals not selected . . 06 TRANSFER PROCEDURE FOR LIEUTENANTS AND SERGEANTS A. B. A Lieutenant or Sergeant who desires to transfer to another position may send a memorandum to ( or notify in some manner) the Executive Officer and the Division Commander where he desires to transfer. This memorandum is intended only to inform the Executive Officer and Division · Commander of the officer's interest in the position and does not ensure an interview. Division Commanders may choose any qualified officer based on his merit and the needs of the Department. Commanders notify the Career Activities Unit of their selection. The Career Activities Unit contacts the Division to which the individual is currently assigned to determine if the Division Commander concurs with the transfer. If there is an objection, the respective Division Commanders attempt to resolve it. If the situation cannot be resolved at that level, the Chief of Police makes the final decision . . 07 TRANSFER PROCEDURE FOR CAPTAINS AND DEPUTY CHIEFS A. Deputy Chiefs are assigned at the discretion of the Chief of Police. B. Captains are assigned at the discretion of the Chief of Police . . 08 REQUESTS FOR TRANSFER WITHIN THE PATROL DIVISION A. The Shift Change and Relief Day System (SCHARDS) requests are the basis from which all transfers within the Patrol Division are generated. B. Shift commanders or their designees enter all SCHARDS requests into the system. 376 • • • • • • ... r 1, • • ~ � k � ~ - ~ • • ~ t ! · � • • • C. D. Within seventy-two (72) hours of the arrival of all new personnel to a shift, or officers receiving relief day changes, the shift commander or his designee make any necessary corrections, additions, or deletions in the SCHARDS system. Copies of all updated and signed SCHARDS requests are forwarded to the Patrol Assignment Coordinator within twenty-four (24) hours of any updates . E. It remains the responsibility of the individual officer to maintain a current SCHARDS request. .09 TRANSFER PROCEDURE FOR PATROLMEN WITHIN THE PATROL DIVISION .10 A. When a vacancy occurs, shift commanders notify the Patrol Assignment Coordinator who determines if the vacancy is to be filled and the individual who, by virtue of seniority, will fill the vacancy. B. The creation of new relief days and the elimination of vacant relief days is determined by the Patrol Assignment Coordinator. C. Existing relief day and shift vacancies are filled by the Patrol Assignment Coordinator from the existing SCHARDS requests. D. The cut-off date for consideration in any transfer is the date the original transfer is developed by the Patrol Assignment Coordinator. Officers who enter relief day and/or shift change requests after this date are excluded from consideration for that particular transfer. · TRANSFER PROCEDURE FOR SERGEANTS WITHIN THE PATROL DIVISION A. The selection for the transfer of sergeants within the Patrol Division is as follows: 1. Selection for relief day changes only are on the basis of seniority from the existing SCHARDS requests; 2. Selection for shift changes within a particular service area are subject to the approval of the service area commander; and 3.. Selection for shift changes between service areas is subject to the approval of the Division Commander. B. The cut-off date for consideration in any transfer is the date the original transfer is developed by the Patrol Assignment Coordinator. Sergeants who enter relief day and/ or shift changes after this cut-off date are excluded from consideration for that particular transfer . 377 I " . . l ~ L • : • • f .01 .02 INTRODUCTION A. The purpose of this procedure is to familiarize officers with the qualifications necessary for assignment to a limited duty position. B. This procedure covers the assignment of temporarily disabled personnel suffering from an injury or disease, which limits their ability to perform "regular duty" functions. DEFINITIONS A. "Limited Duty Assignment" means a duty assigned to an officer who has some degree of physical or mental disability. B. "Injury or Personal Injury'' means damage or harm to the physical structure of the body and such diseases or infections as naturally result. C. D . E. "Occupational Injury'' means an injury as defined in the definition of "injury or personal injury," which arises out of, and occurs in the scope of, employment. "Occupational Disease" means any disease arising out of, and in the scope of, employment which causes damage or harm to the physical structure of the body and such other diseases or infections as naturally result therefrom. "Nonoccupational Conditions" means a personal injury or disease suffered or incurred by an officer causing some degree of physical or mental disability which was suffered or incurred while not in the scope of employment as a police officer for the City of San Antonio, and includes pregnancy, childbirth, or related medical conditions . . 03 SCOPE OF EMPLOYMENT A. The following are included in the category of "in the scope of employment:" 1. 2. Acts by an officer while engaged in the accomplishment of the objectives for which he is employed as a Police Officer by the City of San Antonio; and Acts, while employed by the City of San Antonio, that have been assigned lawfully by competent authority of the City of San Antonio. B. The following are excluded from the category of "in the scope of employment:" 1. Acts performed by an officer while self-employed or employed by a legal entity other than the City of San Antonio; and 2. Acts, while employed by the City of San Antonio, that have not been assigned lawfully by competent authority of the City of San Antonio . . 04 LIMITED DUTY ASSIGNMENTS A. Police officers who are temporarily disabled due to an occupational injury or disease or nonoccupational conditions, and as a result, are unable to perform their previously assigned duties; are eligible for limited duty assignments. These assignments are made on a basis of need and time application. All such limited duty assignments are subject to the following conditions. 379 B. C. D. 1. 2. S.A.P.D. Form No. 172, "Physician Authorization for On-Duty Injury Status," is required, stating that the disabled offi