Alameda City Council
March 7, 2023

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Temporary Custody of Juveniles
324.1 PURPOSE AND SCOPE
This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Alameda Police Department (34 USC § 11133).

Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child Abuse Policy.

324.1.1 DEFINITIONS
Definitions related to this policy include:

Juvenile non-offender - An abused, neglected, dependent, or alien juvenile who may be legally held for his/her own the juvenile's own safety or welfare. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was taken into custody for his/her protection the juvenile's protection or for purposes of reuniting the juvenile with a parent, guardian, or other responsible person. Juveniles 11 years of age or younger are considered juvenile non-offenders even if they have committed an offense that would subject an adult to arrest.

Juvenile offender - A juvenile 12 to 17 years of age who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense) (Welfare and Institutions Code § 602).

It also includes an offense under Penal Code § 29610 for underage possession of a handgun or concealable firearm (28 CFR 31.303).

Non-secure custody - When a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication is maintained.

Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1; 15 CCR 1150).

Safety checks - Direct, visual observation personally by a member of this department performed at random intervals within time frames prescribed in this policy to provide for the health and welfare of juveniles in temporary custody.

Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell.

Secure custody also includes being physically secured to a stationary object (15 CCR 1146).

Examples of secure custody include:
(a) A juvenile left alone in an unlocked room within the secure perimeter of the adult temporary holding area.
(b) A juvenile handcuffed to a r ail.

Policy
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(c) A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds.
(d) A juvenile being processed in a secure booking area when a non-secure booking area is available.
(e) A juvenile left alone in a secure booking area after being photographed and fingerprinted.
(f) A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked.
(g) A juvenile placed in a room that is capable of being locked or contains a fixed object designed for cuffing or restricting movement.

Sight and sound separation - Located or arranged to prevent physical, visual, or auditory contact that is more than brief or inadvertent.

Status offender - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation, and truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender. This includes the habitually disobedient or truant juvenile under Welfare and Institutions Code § 601 and any juvenile suspected of an offense that would not subject an adult to arrest (e.g., fine-only offense).

324.2 POLICY
The Alameda Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and keeping juveniles safe while they are in temporary custody at the Alameda Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release.

324.3 JUVENILES WHO SHOULD NOT BE HELD
Juveniles who exhibit any of the following conditions should not be held at the Alameda Police Department:
(a) Unconscious
(b) Seriously injured
(c) A known suicide risk or obviously severely emotionally disturbed (d) Significantly intoxicated except when approved by the Watch Commander. A medical clearance shall be obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves (15 CCR 1151).
(e) Extremely violent or continuously violent
Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151).
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These juveniles should not be held at the Alameda Police Department unless they have been evaluated by a qualified medical and/or mental health professional (15 CCR 1142).

If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile shall be under continuous direct supervision until evaluation, release, or a transfer is completed (15 CCR 1142).

324.3.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY
When emergency medical attention is required for a juvenile, medical assistance will be called immediately. The Watch Commander shall be notified of the need for medical attention for the juvenile. Alameda Police Department members should administer first aid as applicable (15 CCR 1142).

324.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY
Alameda Police Department members should be alert to potential symptoms based upon exhibited behavior that may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to communicate, verbally threatening to kill him/herself themself, or any unusual behavior which may indicate the juvenile may harm him/herself themself while in either secure or non- secure custody (15 CCR 1142).

324.4 CUSTODY OF JUVENILES
Officers should take custody of a juvenile and temporarily hold the juvenile at the Alameda Police Department when there is no other lawful and practicable alternative to temporary custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is suspected of being a victim.

No juvenile should be held in temporary custody at the Alameda Police Department without authorization of the arresting officer's supervisor or the Watch Commander. Juveniles taken into custody shall be held in non-secure custody unless otherwise authorized by this policy.

Any juvenile taken into custody shall be released to the care of the juvenile’s juvenile's parent or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable and in no event shall a juvenile be held beyond six hours from the time of his/her entry the juvenile's entry into the Alameda Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1).

324.4.1 CUSTODY OF JUVENILE NON-OFFENDERS
Non-offenders taken into protective custody in compliance with the Child Abuse Policy should generally not be held at the Alameda Police Department. Custodial arrangements should be made for non-offenders as soon as reasonably possible. Juvenile non-offenders shall not be held in secure custody (34 USC § 11133; Welfare and Institutions Code § 206).

Juveniles 11 years of age or younger who have committed an offense that would subject an adult to arrest may be held in non-secure custody for the offenses listed in Welfare and Institutions 3 Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.

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Code § 602(b) (murder and the sexual assault offenses) and should be referred to a probation officer for a placement determination (Welfare and Institutions Code § 602.1).

324.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS
Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Juvenile status offenders shall not be held in secure custody (34 USC § 11133).

324.4.3 CUSTODY OF JUVENILE OFFENDERS
Juvenile offenders should be held in non-secure custody while at the Alameda Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances.

Generally, a juvenile offender may be taken into custody when authorized by a court order or when there is probable cause to believe the juvenile has committed an offense that would subject an adult to arrest (Welfare and Institutions Code § 625).

A juvenile offender who is 14 years of age or older and taken into custody for committing or attempting to commit a felony with a firearm shall not be released and be transported to a juvenile facility (Welfare and Institutions Code § 625.3).

A ju venile offender suspected of committing murder, a sex offense described in Welfare and Institutions Code § 602(b) that may subject the juvenile to criminal jurisdiction under Welfare and Institutions Code § 707, or a serious or violent felony should be referred to a probation officer for a decision on further detention.

In all other cases the juvenile offender may be:
(a) Released upon warning or citation.
(b) Released to a parent or other responsible adult after processing at the Alameda Police Department.
(c) Referred to a probation officer for a decision regarding whether to transport the juvenile offender to a juvenile facility.
(d) Transported to his/her home the juvenile offender's home or to the place where the juvenile offender was taken into custody (Welfare and Institutions Code § 207.2).

In determining which disposition is appropriate, the investigating officer or supervisor shall prefer the alternative that least restricts the juvenile’s juvenile's freedom of movement, provided that alternative is compatible with the best interests of the juvenile and the community (Welfare and Institutions Code § 626).

Whenever a juvenile offender under the age of 14 is taken into custody, the officer should take reasonable steps to verify and document the child's ability to differentiate between right and wrong, particularly in relation to the alleged offense (Penal Code § 26). 4 Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.

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324.5 ADVISEMENTS
Officers shall take immediate steps to notify the juvenile’s juvenile's parent, guardian, or a responsible relative that the juvenile is in custody, the location where the juvenile is being held, and the intended disposition (Welfare and Institutions Code § 627).

Whenever a juvenile (under 18 years of age) is taken into custody, Officers shall contact the Alameda County Public Defender’s Office and allow the minor to speak with the on -call Public Defender. Prior to the call ending and with the Public Defender still on the line, the juvenile shall be given the Miranda rights advisement regardless of whether questioning is intended. If the Officer experiences difficulty contacting the Public Defender, they should contact the Alameda County Juvenile Hall intake division and request assistance contacting the on -call Public Defender. This does not apply to juvenile non -offenders taken into temporary custody for their safety or welfare (Welfare and Institutions Code § 625) Whenever a juvenile is taken into temporary custody, he/she shall be given the Miranda rights advisement regardless of whether questioning is intended. This does not apply to juvenile non- offenders taken into temporary custody for their safety or welfare (Welfare and Institutions Code § 625).

Anytime a juvenile offender is placed in secure custody, he/she shall the juvenile offender shall be informed of the purpose of the secure custody, the length of time the secure custody is expected to last, and of the maximum six-hour limitation (Welfare and Institutions Code § 207.1).

Juveniles taken into custody for an offense shall immediately be advised (or at least within one hour from being taken into custody, if possible) that they may make three telephone calls: one call completed to his/her parent their parent or guardian; one to a responsible relative or his/ her employer their employer; and another call completed to an attorney. The calls shall be at no expense to the juvenile when completed to telephone numbers within the local calling area.

Juveniles should be asked whether they are a caregiver and provided two more phone calls in the same manner as provided to adults in the Temporary Custody of Adults Policy (Welfare and Institutions Code § 627; Penal Code § 851.5).

324.6 JUVENILE CUSTODY LOGS
Any time a juvenile is held in custody at the Alameda Police Department, the custody shall be promptly and properly documented in the juvenile custody log, including:
(a) Identifying information about the juvenile.
(b) Date and time of arrival and release from the Alameda Police Department (15 CCR 1150).
(c) Watch Commander notification and approval to temporarily hold the juvenile. (d) Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender, or non-offender.
(e) Any changes in status (e.g., emergency situations, unusual incidents). (f) Time of all safety checks.
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(g) Any medical and other screening requested and completed (15 CCR 1142). (h) Circumstances that justify any secure custody (Welfare and Institutions Code § 207.1; 15 CCR 1145).
(i) Any other information that may be required by other authorities, such as compliance inspectors or a local juvenile court authority.

The Watch Commander shall initial the log to approve the custody, including any secure custody, and shall also initial the log when the juvenile is released. 6 Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.

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324.7 NO-CONTACT REQUIREMENTS
Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Alameda Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1; Welfare and Institutions Code § 208; 15 CCR 1144). There should also be sight and sound separation between non-offenders and juvenile and status offenders.

In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the Alameda Police Department (trained in the supervision of persons in custody) shall maintain a constant, immediate, side-by- side presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact (15 CCR 1144).

324.8 TEMPORARY CUSTODY REQUIREMENTS
Members and supervisors assigned to monitor or process any juvenile at the Alameda Police Department shall ensure the following:
(a) The Watch Commander should be notified if it is anticipated that a juvenile may need to remain at the Alameda Police Department more than four hours. This will enable the Watch Commander to ensure no juvenile is held at the Alameda Police Department more than six hours.
(b) A staff member of the same sex shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy.
(c) P ersonal safety checks and significant incidents/activities shall be noted on the log. (d) Juveniles in custody are informed that they will be monitored at all times, except when using the toilet.

1. There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile is not aware.

2. This does not apply to surreptitious and legally obtained recorded interrogations. (e) Juveniles shall have reasonable access to toilets and wash basins (15 CCR 1143). (f) Juveniles shall be provided sanitary napkins, panty liners, and tampons as requested (15 CCR 1143).
(g) Food shall be provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment, including any special diet required for the health of the juvenile (15 CCR 1143).
(h) Juveniles shall have reasonable access to a drinking fountain or water (15 CCR 1143). (i) Juveniles shall have reasonable opportunities to stand and stretch, particularly if handcuffed or restrained in any way.
(j) Juveniles shall have privacy during family, guardian, and/or lawyer visits (15 CCR 1143).
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(k) Juveniles shall be permitted to remain in their personal clothing unless the clothing is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody (15 CCR 1143).
(l) Blankets shall be provided as reasonably necessary (15 CCR 1143).

1. The supervisor should ensure that there is an adequate supply of clean blankets. (m) Adequate shelter, heat, light, and ventilation should be provided without compromising security or enabling escape.
(n) Juveniles shall have adequate furnishings, including suitable chairs or benches. (o) Juveniles shall have the right to the same number of telephone calls as an adult in temporary custody.
(p) Juveniles shall have access to language services (15 CCR 1143). (q) Juveniles shall have access to disability services (15 CCR 1143). (r) No discipline may be administered to any juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse (15 CCR 1142).

While held in temporary custody, juveniles shall be informed in writing of what is available to them pursuant to 15 CCR 1143 and it shall be posted in at least one conspicuous place to which they have access (15 CCR 1143).

324.9 USE OF RESTRAINT DEVICES
Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Alameda Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening (15 CCR 1142).

Other restraints shall only be used after less restrictive measures have failed and with the approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others (15 CCR 1142).

Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse (15 CCR 1142).

324.10 PERSONAL PROPERTY
The officer taking custody of a juvenile offender or status offender at the Alameda Police Department shall ensure a thorough search of the juvenile’s property is made and all property is removed from the juvenile, especially those items that could compromise safety, such as pens, pencils, and belts.

The personal property of a juvenile should be placed in a property bag. The property should be inventoried in the juvenile’s presence and sealed into the bag. The property should be kept in a monitored or secure location until the juvenile is released from the custody of the Alameda Police Department.
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324.11 SECURE CUSTODY
Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before placing a juvenile offender in secure custody.

Secure custody should only be used for juvenile offenders when there is a reasonable belief that the juvenile is a serious risk of harm to him/herself or themselves or others. Factors to be considered when determining if the juvenile offender presents a serious security risk to him/herself or themselves or others include the following (15 CCR 1145):
(a) Age, maturity, and delinquent history
(b) Severity of offense for which the juvenile was taken into custody (c) The juvenile offender’s offender's behavior
(d) Availability of staff to provide adequate supervision or protection of the juvenile offender
(e) Age, type, and number of other individuals in custody at the facility Members of this department shall not use secure custody for convenience when non-secure custody is, or later becomes, a reasonable option (15 CCR 1145).

When practicable and when no locked enclosure is available, handcuffing one hand of a juvenile offender to a fixed object while otherwise maintaining the juvenile in non-secure custody should be considered as the method of secure custody. An employee must be present at all times to ensure the juvenile’s juvenile's safety while secured to a stationary object (15 CCR 1148).

Juveniles shall not be secured to a stationary object for more than 60 minutes. Supervisor approval is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter (15 CCR 1148). Supervisor approval should be documented.

The decision for securing a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter shall be based upon the best interests of the juvenile offender (15 CCR 1148).

324.11.1 LOCKED ENCLOSURES
A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure.

A second inspection shall be conducted after removing the juvenile. Any damage noted to the room should be photographed and documented in the crime report.

The following requirements shall apply to a juvenile offender who is held inside a locked enclosure:
(a) The juvenile shall constantly be monitored by an audio/video system during the entire custody.
(b) Juveniles shall have constant auditory access to department members (15 CCR 1147). (c) Initial placement into and removal from a locked enclosure shall be logged (Welfare and Institutions Code § 207.1).
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(d) Unscheduled safety checks to provide for the health and welfare of the juvenile by a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15 CCR 1151).

1. All safety checks shall be logged.

2. The safety check should involve questioning the juvenile as to his/her well the juvenile's well-being (sleeping juveniles or apparently sleeping juveniles should be awakened).

3. Requests or concerns of the juvenile should be logged. (e) Males and females shall Juveniles of different genders shall not be placed in the same locked room (15 CCR 1147).
(f) Juvenile offenders should be separated according to severity of the crime (e.g., felony or misdemeanor).
(g) Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles.

324.12 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Watch Commander will ensure procedures are in place to address the suicide attempt, death, or serious injury of any juvenile held at the Alameda Police Department (15 CCR 1142; 15 CCR 1047). The procedures will address:
(a) Immediate notification of the on-duty supervisor, Chief of Police, and Criminal Investigations Bureau Supervisor.
(b) Notification of the parent, guardian, or person standing in loco parentis of the juvenile. (c) Notification of the appropriate prosecutor.
(d) Notification of the City attorney.
(e) Notification to the coroner.
(f) Notification of the juvenile court.
(g) In the case of a death, providing a report to the Attorney General under Government Code § 12525 within 10 calendar days of the death, and forwarding the same report to the Board of State and Community Corrections within the same time frame (15 CCR 1046).
(h) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR 1046.
(i) Evidence preservation.

324.13 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS
No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent to an interview or interrogation.

Prior to conducting a custodial interrogation, including the waiver of Miranda rights, an officer shall permit a juvenile 17 years of age or younger to consult with legal counsel in person, by telephone, 10 Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.

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or by video conference. The consultation may not be waived by the juvenile. The requirement to consult with legal counsel does not apply when (Welfare and Institutions Code § 625.6):
(a) Information is necessary to protect life or property from an imminent threat. (b) The questions are limited to what is reasonably necessary to obtain the information relating to the threat.

324.13.1 MANDATORY RECORDINGS OF JUVENILES
Any interrogation of an individual under 18 years of age who is in custody and suspected of committing murder shall be audio and video recorded when the interview takes place at a department facility, jail, detention facility, or other fixed place of detention. The recording shall include the entire interview and a Miranda advisement preceding the interrogation (Penal Code § 859.5).

This recording is not mandatory when (Penal Code § 859.5):
(a) Recording is not feasible because of exigent circumstances that are later documented in a report.
(b) The individual refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded.
(c) The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5.
(d) The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder. (e) T he interrogation would disclose the identity of a confidential informant or would jeopardize the safety of an officer, the individual being interrogated, or another individual. Such circumstances shall be documented in a report. (f) A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible.
(g) The questions are part of a routine processing or booking, and are not an interrogation. (h) The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded.

These recordings shall be retained until a conviction is final and all direct and habeas corpus appeals are exhausted, a court no longer has any jurisdiction over the individual, or the prosecution for that offense is barred (Penal Code § 859.5; Welfare and Institutions Code § 626.8). 11 Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.

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324.14 FORMAL BOOKING
No juvenile offender shall be formally booked without the authorization of the arresting officer's supervisor, or in his/her absence the supervisor's absence, the Watch Commander.

Any juvenile 14 years of age or older who is taken into custody for a felony, or any juvenile whose acts amount to a sex crime, shall be booked, fingerprinted, and photographed.

For all other acts defined as crimes, juveniles may be booked, fingerprinted, or photographed upon the approval from the Watch Commander or the Investigations supervisor, giving due consideration to the following:
(a) The gravity of the offense
(b) The past record of the offender
(c) The age of the offender

324.15 RELEASE OF INFORMATION CONCERNING JUVENILES
Court decisions and legislation have combined to carefully specify situations in which information may be given out or exchanged when a case involves a juvenile. Members of this department shall not divulge any information regarding juveniles unless they are certain of the legal authority to do so.

A copy of the current policy of the juvenile court concerning authorized release of information and appropriate acknowledgment forms shall be kept with copies of this procedure in the Alameda Police Department Policy Manual. Such releases are authorized by Welfare and Institutions Code § 827.

Welfare and Institutions Code § 828 authorizes the release of certain information to other agencies. It shall be the responsibility of the Records Supervisor and the appropriate Investigations supervisors to ensure that personnel of those bureaus act within legal guidelines.

324.16 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION The Field Services Bureau Commander shall coordinate the procedures related to the custody of juveniles held at the Alameda Police Department and ensure any required certification is maintained (Welfare and Institution Code § 210.2).

324.17 RELIGIOUS ACCOMMODATION
Juveniles have the right to the same religious accommodation as adults in temporary custody (see the Temporary Custody of Adults Policy).

324.18 TRAINING
Alameda Police Department members should be trained on and familiar with this policy and any supplemental procedures.
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374.1 PURPOSE AND SCOPE
This policy provides guidelines for the collection of biological samples from those individuals required to provide samples upon conviction or arrest for certain offenses. This policy does not apply to biological samples collected at a crime scene or taken from a person in conjunction with a criminal investigation. Nor does it apply to biological samples from those required to register, for example, sex offenders.
374.2 POLICY
The Alameda Police Department will assist in the expeditious collection of required biological samples from offenders in accordance with the laws of this state and with as little reliance on force as practicable.
374.3 PERSONS SUBJECT TO DNA COLLECTION
Those who must submit a biological sample include (Penal Code § 296):
(a) A person, including a juvenile, upon conviction or other adjudication of any felony offense.
(b) A person, including a juvenile, upon conviction or other adjudication of any offense if the person has a prior felony on record.
(c) An adult arrested or charged with any felony.
374.4 PROCEDURE
When an individual is required to provide a biological sample, a trained employee shall obtain the sample in accordance with this policy.
374.4.1 COLLECTION
The following steps should be taken to collect a sample:
(a) Verify that the individual is required to provide a sample pursuant to Penal Code § 296; Penal Code § 296.1.
(b) Verify that a biological sample has not been previously collected from the offender by querying the
(c) individual's
criminal history record for a DNA collection flag or, during regular business hours, calling the California Department of Justice (DOJ) designated DNA laboratory.

There is no need to obtain a biological sample if one has been previously obtained. (d) Use a DNA buccal swab collection kit provided by the California DOJ to perform the collection and take steps to avoid cross contamination. 13 Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Biological Samples - 2 374.5 USE OF FORCE TO OBTAIN SAMPLES
If a person refuses to cooperate with the sample collection process, officers should attempt to identify the reason for refusal and seek voluntary compliance without resorting to using force.

Force will not be used in the collection of samples except as authorized by court order and only with the approval of a supervisor. Methods to consider when seeking voluntary compliance include contacting:
(a) The
(b) person's
parole or probation officer when applicable.
(c) The prosecuting attorney to seek additional charges against the person for failure to comply or to otherwise bring the refusal before a judge. (d) The judge at the
person’s
(a) person's next court appearance.
(b) The
(c) person's attorney.
(d) A chaplain.
(e) Another custody facility with additional resources, where an arrestee can be transferred to better facilitate sample collection.
(f) A supervisor who may be able to authorize custodial disciplinary actions to compel compliance, if any are available.

The supervisor shall review and approve any plan to use force and be present to document the process.
374.5.1 VIDEO RECORDING
A video recording should be made anytime force is used to obtain a biological sample. The recording should document all staff participating in the process, in addition to the methods and all force used during the collection. The recording should be part of the investigation file, if any, or otherwise retained in accordance with the department’s records retention schedule (15 CCR 1059).
374.5.2 CELL EXTRACTIONS
If the use of force includes a cell extraction, the extraction shall be video recorded, including audio. Video shall be directed at the cell extraction event. The video recording shall be retained by the Department
Alameda Police Department for the length of time required by statute.

Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively (15 CCR 1059).
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Published with permission by Alameda Police Department ***DRAFT*** Biological Samples - 3 374.6 LEGAL MANDATES AND RELEVANT LAWS
California law provides for the following:
374.6.1 DOCUMENTATION RELATED TO FORCE
The Watch Commander or the on-duty authorized designee shall prepare prior written authorization for the use of any force (15 CCR 1059). The written authorization shall include information that the subject was asked to provide the requisite specimen, sample , or impression and refused, as well as the related court order authorizing the force. 374.6.2 BLOOD SAMPLES
A blood sample should only be obtained under this policy when:
(a) The California DOJ requests a blood sample and the subject consents, or (b) A court orders a blood sample following a refusal.

The withdrawal of blood may only be performed in a medically approved manner by health care providers trained and qualified to draw blood. A California DOJ collection kit shall be used for this purpose (Penal Code § 298(a); Penal Code § 298(b)(2)).
374.6.3 LITIGATION
The Chief of Police or authorized designee should notify the California DOJ’s DNA Legal Unit in the event this department
department is named in a lawsuit involving the DNA Data Bank sample collection, sample use or any aspect of the state’s DNA Data Bank Program. 15 Policy
706
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706.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a system of accountability to ensure department department vehicles are used appropriately. This policy provides guidelines for on- and off- duty use of department department vehicles and shall not be construed to create or imply any contractual obligation by the City of Alameda to provide assigned take-home vehicles. 706.2 POLICY
The Alameda Alameda Police Department provides vehicles for department-related business and may assign patrol and unmarked vehicles unmarked vehicles based on a determination of operational efficiency, economic impact to the Alameda Police Department, requirements for tactical deployments, and other considerations.
706.2.1 INSPECTIONS
The interior of any vehicle that has been used to transport any person other than an employee should be inspected prior to placing another person in the vehicle and again after the person is removed. This is to ensure that unauthorized items have not been left in the vehicle. 706.3 USE OF VEHICLES
706.3.1 SHIFT ASSIGNED VEHICLES
The Patrol Sergeant
Watch Commander shall ensure a copy of the shift assignment roster indicating member assignments and vehicle numbers is completed for each shift and retained in accordance with the established records retention schedule. If a member exchanges vehicles during
his/her the member's shift, the new vehicle number shall be documented on the roster. 706.3.2 OTHER USE OF VEHICLES
Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify the Watch Commander. A notation will be made on the shift assignment roster indicating the member’s name and vehicle number.

This subsection does not apply to those who are assigned to vehicle transportation duties to and from the maintenance yard or carwash.
706.3.3 INSPECTIONS
Members
Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shifts. Any previously unreported damage, mechanical problems, unauthorized contents, or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate.

The interior of any vehicle that has been used to transport any person other than a member of this department should be inspected prior to placing another person in the vehicle and again after 16 Alameda Police Department
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When transporting any suspect, prisoner or arrestee, person in custody, the transporting member shall search all areas of the vehicle that are accessible by the person before and after that person is transported.

All department vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No member assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 706.3.4 MDT
Members assigned to vehicles equipped with a Mobile Data System Terminal (MDS MDT) shall
log onto the MDS MDT with the required information when going on-duty. If the vehicle is not equipped with a working MDS MDT, the member shall notify the Communication Communications Center. Use of the MDS MDT is governed by the Mobile Data System Use Policy.

The MDS has its own power management system that turns off the MDS when the vehicle battery voltage level drops below a set level. When the battery voltage drops below the set level, the MDS’s power management system will turn off the MDS to ensure the battery will have enough electricity to start the vehicle.

Patrol vehicles (2019 and newer) are now being equipped with an idle management system, where officers can leave their vehicles turned off and unoccupied, maintaining the battery at a set level. This new idle management system will keep the MDS from turning off.

For patrol vehicles equipped with this idle management system, the officer pushes the idle management button, removes the key from the ignition, and leaves and secures the vehicle. When the battery voltage drops below a prescribed level, the vehicle’s engine will start to recharge the battery. Once the battery is charged, the engine will turn off automatically. The vehicle can be locked and cannot be driven or the AR-15’s lock opened while the idle management system is engaged.

Vehicles shall not be left unattended and running with the key in the ignition in order to keep the MDS from turning off, with the exception of K-9 vehicles. These vehicles may be left running to ensure they maintain a comfortable temperature for the patrol service dog. The idle management system is disabled once the vehicle key is re-inserted into the ignition switch. Any problems with battery life or vehicles not starting shall be reported to the Services Division by a service request.

The City of Alameda is developing a comprehensive Climate Action and Resiliency Plan (CARP) to aide in the reduction of greenhouse gas emissions. This new idle management system will assist officers by keeping the MDS powered on and assist in our CARP.

In an effort to assist in the reduction of greenhouse gas emissions, we are also adding hybrid vehicles to our patrol fleet. Due to hybrid vehicles extensive battery system, an idle management system is unnecessary. These vehicles are designed to maintain all electronic equipment fully charged.
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706.3.5 VEHICLE LOCATION SYSTEM
Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system designed to track the vehicle’s location. While the system may provide vehicle location and other information, members are not relieved of their responsibility to use required communication practices to report their location and status.

Members shall not make any unauthorized modifications to the system. At the start of each shift, members shall verify that the system is on and report any malfunctions to their supervisor. If the member finds that the system is not functioning properly at any time during the shift, he/she should exchange the vehicle for one with a working system, if available.

System data may be accessed by supervisors at any time. However, access to historical data by other than supervisors will require Bureau Commander approval.

All data captured by the system shall be retained in accordance with the established records retention schedule.
706.3.6 KEYS
Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle.

Members shall not duplicate keys. The loss of a key shall be promptly reported in writing through the member’s chain of command.
706.3.7 AUTHORIZED PASSENGERS
Members operating department
department vehicles shall not permit persons other than City personnel or persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride as passengers in the vehicle, except as stated in the Ride-Along Policy. 706.3.8 ALCOHOL
Members who have consumed alcohol are prohibited from operating any department department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of assignment, members may not violate state law regarding vehicle operation while intoxicated. 706.3.9 PARKING
Except when responding to an emergency or when urgent department department-related business requires otherwise, members driving department department vehicles should obey all parking regulations at all times.

Department Alameda Police Department vehicles should be parked in assigned stalls. Members shall not park privately owned vehicles in stalls assigned to department department vehicles or in other areas of the parking lot that are not so designated unless authorized by a supervisor.

Privately owned motorcycles shall be parked in designated areas. 18 Alameda Police Department
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There shall be no modifications, additions or removal of any equipment or accessories without written permission from the assigned vehicle program manager. 706.3.11 PROFESSIONAL STAFF MEMBER USE
Professional Staff members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Professional Staff members shall prominently display the "out of service" placards or light bar covers at all times. Professional Staff members shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 706.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES
Alameda Police
Department vehicles may be assigned to individual members at the discretion of the Chief Chief of Police. Vehicles may be assigned for on-duty and/or take-home use. Assigned vehicles may be changed at any time. Permission to take home a vehicle may be withdrawn at any time.

The assignment of vehicles may be suspended when the member is unable to perform his/her the member's regular assignment.
706.4.1 ON-DUTY USE
Vehicle assignments shall be based on the nature of the member’s duties, job description and essential functions, and employment or appointment status. Vehicles may be reassigned or utilized by other department
department members at the discretion of the Chief of Police or the authorized designee.
706.4.2 UNSCHEDULED TAKE-HOME USE
Circumstances may arise where department department vehicles must be used by members to commute to and from a work assignment. Members may take home department department vehicles only with prior approval of a supervisor and shall meet the following criteria:
(a) The circumstances are unplanned and were created by the needs of the department department.
(b) Other reasonable transportation options are not available. (c) The member lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the Alameda City limits.
(d) Off-street parking will be available at the member’s residence. (e) Vehicles will be locked when not attended.
(f) All firearms, weapons and control devices will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage.
706.4.3 ASSIGNED VEHICLES
Assignment of take-home vehicles shall be based on the location of the member’s residence, the nature of the member’s duties, job description and essential functions, and employment or 19 Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Vehicle Use - 5 appointment status. Residence in the City of Alameda is a prime consideration for assignment of a take-home vehicle. Members who reside outside the City of Alameda may be required to secure the vehicle at a designated location or the Department Alameda Police Department at
the discretion of the Chief of Police. Member's assigned an "Exclusive Use" City vehicle per a Memorandum of Understanding shall follow the guidlines set forth in the agreement.Department Alameda Police Department members shall sign a take-home vehicle agreement that outlines certain standards, including, but not limited to, how the vehicle shall be used, where it shall be parked when the member is not on-duty, vehicle maintenance responsibilities and member enforcement actions.

Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member’s tax adviser.

Criteria for use of take-home vehicles include the following:
(a) Vehicles shall only be used for work-related purposes and shall not be used for personal errands or transports, unless special circumstances exist and the Chief of Police or a Bureau Commander gives authorization.
(b) Vehicles may be used to transport the member to and from the member’s residence for work-related purposes.
(c) Vehicles will not be used when off-duty except:

1. In circumstances when a member has been placed on call by the Chief of Police or Bureau Commanders and there is a high probability that the member will be called back to duty.

2. When the member is performing a work-related function during what normally would be an off-duty period, including vehicle maintenance or travelling to or from a work-related activity or function.

3. When the member has received permission from the Chief of Police or Bureau Commanders.

4. When the vehicle is being used by the Chief of Police, Bureau Commanders or members who are in on-call administrative positions.

5. When the vehicle is being used by on-call investigators. (d) While operating the vehicle, authorized members will carry and have accessible their duty firearms and be prepared to perform any function they would be expected to perform while on-duty.
(e) The two-way communications radio, MDT and global positioning satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation. (f) Unattended vehicles are to be locked and secured at all times.

1. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging).
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2. All weapons shall be secured while the vehicle is unattended.

3. All department department identification, portable radios and equipment should be secured.
(g) Vehicles should are to be parked off-street at the member’s residence unless prior arrangements have been made with the Chief of Police or the authorized designee .

If the vehicle is not secured inside a locked garage, all firearms and kinetic impact weapons shall be removed and properly secured in the residence (see the Firearms Policy regarding safe storage of firearms at home).
(h) Vehicles are to be secured at the member’s residence or the appropriate department department facility, at the discretion of the Department Alameda Police Department when a member will be away (e.g., on vacation) for periods exceeding one week.

1. If the vehicle remains at the residence of the member, the Department Alameda Police Department shall have access to the vehicle.

2. If the member is unable to provide access to the vehicle, it shall be parked at the Department Alameda Police Department.
(i) The member is responsible for the care and maintenance of the vehicle. 706.4.4 ENFORCEMENT ACTIONS
When driving a take-home vehicle to and from work outside of the jurisdiction of the Alameda Police Department or while off-duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off-Duty Law Enforcement Actions and Law Enforcement Authority policies).

Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist).

Officers driving take-home vehicles shall be armed, appropriately attired and carry their department
department-issued identification. Officers should also ensure that department department radio communication capabilities are maintained to the extent feasible. 706.4.5 MAINTENANCE
Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Cleaning and maintenance supplies will be provided by the Alameda Police Department. Failure to adhere to these requirements may result in discipline and loss of vehicle assignment. The following should be performed as outlined below:
(a) Members shall make daily inspections of their assigned vehicles for service/ maintenance requirements and damage.
(b) It is the member’s
member's responsibility to ensure that his/her the assigned vehicle is maintained according to the established service and maintenance schedule. (c) All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the department supervisor in charge of vehicle maintenance. (d) The Alameda Police Department shall be notified of problems with the vehicle and approve any major repairs before they are performed.
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Published with permission by Alameda Police Department ***DRAFT*** Vehicle Use - 7 (e) When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. (f) All weapons shall be removed from any vehicle left for maintenance. (g) Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy.
706.5 DAMAGE, ABUSE AND MISUSE
When any department department vehicle is involved in a traffic collision or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with the agency having jurisdiction (see the Traffic Collision Reporting Policy).

Damage to any department department vehicle that was not caused by a traffic collision shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format and forwarded to the Watch Commander. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse. 706.6 TOLL ROAD USAGE
Law enforcement vehicles are not routinely exempted from incurring toll road charges.

To avoid unnecessary toll road charges, all members operating department department vehicles
on a toll road shall adhere to the following:
(a) Members operating department department vehicles for any reason other than in response to an emergency shall pay the appropriate toll charge or utilize the appropriate toll way transponder. Members may submit a request for reimbursement from the City for any toll fees incurred in the course of official business. (b) Members passing through a toll plaza or booth during a response to an emergency shall notify, in writing, the appropriate Bureau Commander within five working days explaining the circumstances.
706.7 NON EMERGENCY OPERATION
Under non-emergency conditions, police vehicles shall be operated in a manner consistent with the Vehicle Code. This includes, but is not limited to, observing speed limits, traffic control signs and signals, and other rules of the road, and operating in compliance with department policy.

Police vehicles should not be operated in "off-road" locations where vehicle damage is likely to occur, unless an emergency situation requires it.
706.8 EMERGENCY OPERATION
(a) Generally, police vehicles should be driven to alarm calls, fights, disturbances, prowler calls, non-injury traffic collisions, and similar calls for service, as described above (non emergency status) unless additional information warrants an emergency response. 22 Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Vehicle Use - 8 (b) During emergency conditions, police vehicles shall be operated in accordance with Vehicle Code section 21055 (Exemption of Authorized Emergency Vehicles).

Emergency lights (including a red lamp to the front) shall be operated continuously, and a siren will be sounded as is reasonably necessary. (c) Vehicle Code Section 21055 does not relieve an operator from the duty to drive with due regard for the safety of all persons using the highway, nor does it protect him/her from the consequences of an arbitrary exercise of the privileges granted by that section (21056 VC). A failure to adhere to the requirements of Section 21055 may result in a loss of personal liability protection from civil damages afforded under Section 17004 of the Vehicle Code.
(d) Emergency vehicle operation ("Code 3") is by its nature extremely hazardous, and shall be kept to a minimum. An emergency response may be appropriate under the following circumstances:

1. Situations involving an actual or probable immediate danger of serious injury or loss of life to a person

2. A serious crime of violence is in progress

3. While engaged in rescue operations, or when there is a serious public hazard

4. When an officer at the scene requests an emergency response

5. When in the immediate pursuit of an actual or suspected violator of the law, including a vehicular pursuit

6. Responding to a fire alarm

7. When the totality of the circumstances require an emergency response (e) Personnel driving "Code 3" while responding to an emergency shall adhere to the following regulations:

1. The vehicle's emergency warning lights and high beam headlights shall be activated continuously and the siren shall be sounded as may be reasonably necessary as a warning to other drivers and pedestrians

2. Traffic control devices such as stop signs and red signals shall be observed.

Personnel may proceed through such devices only after stopping and assuring themselves that they can safely proceed
(f) Personnel shall at all times drive defensively with due consideration for the safety of persons and property.
(g) Nothing in this policy section is intended to conflict with or supersede policy section 314 (Vehicle Pursuit Policy) of this manual.
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Published with permission by Alameda Police Department ***DRAFT*** Vehicle Use - 9 706.9 ATTIRE AND APPEARANCE
When operating any department department vehicle while off-duty, members may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public, attire and appearance, regardless of the activity, should be suitable to reflect positively upon the Department
Alameda Police Department.
24 Policy
902
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Published with permission by Alameda Police Department ***DRAFT*** Custodial Searches - 1 Custodial Searches
902.1 PURPOSE AND SCOPE
This policy provides guidance regarding searches of individuals in custody. Such searches are necessary to eliminate the introduction of contraband, intoxicants or weapons into the Alameda Police Department facility. Such items can pose a serious risk to the safety and security of department
department members, individuals in custody, contractors and the public.

Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an individual in custody.
902.1.1 DEFINITIONS
Definitions related to this policy include:

Custody search - An in-custody search of an individual and of his/her property the individual's property, shoes, and clothing, including pockets, cuffs, and folds on the clothing, to remove all weapons, dangerous items, and contraband.

Physical body cavity search - A search that includes a visual inspection and may include a physical intrusion into a body cavity. Body cavity means the stomach or , rectal cavity, or vagina of an individual, and the vagina of a female person.

Strip search - A search that requires an individual to remove or rearrange some or all of his/ her clothing the individual's clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus, or outer genitalia. This includes monitoring an individual who is changing clothes, where his/her underclothing the individual's underclothing, buttocks, genitalia, or female breasts are visible.
902.2 POLICY
All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and hygiene, and in compliance with policy and law to protect the rights of those who are subject to any search.

Searches shall not be used for intimidation, harassment, punishment or retaliation. 902.3 FIELD AND TRANSPORTATION SEARCHES
An officer should conduct a custody search of an individual immediately after his/her arrest the individual's arrest , when receiving an individual from the custody of another, and before transporting a person who is in custody in any department vehicle.

Whenever practicable, a custody search should be conducted by an officer of the same sex as the person being searched. If an officer of the same sex is not reasonably available, a witnessing officer should be present during the search.
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Published with permission by Alameda Police Department ***DRAFT*** Custodial Searches - 2 902.4 SEARCHES AT POLICE FACILITIES
Custody searches shall be conducted on all individuals in custody, upon entry to the Alameda Police Department facilities. Except in exigent circumstances, the search should be conducted by a member of the same sex as the individual being searched. If a member of the same sex is not available, a witnessing member must be present during the search.

Custody searches should also be conducted any time an individual in custody enters or re-enters a secure area, or any time it is reasonably believed that a search is necessary to maintain the safety and security of the facility.
902.4.1 PROPERTY
Members shall take reasonable care in handling the property of an individual in custody to avoid discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until the individual is released or transferred.

Some property may not be accepted by a facility or agency that is taking custody of an individual from this department
department, such as weapons or large items. These items should be retained for safekeeping in accordance with the Property and Evidence Policy.

All property shall be inventoried by objective description (this does not include an estimated value). The individual from whom it was taken shall be required to sign the completed inventory.

If the individual's signature cannot be obtained, the inventory shall be witnessed by another department
department member. The inventory should include the case number, date, time, member's Alameda Police Department identification number and information regarding how and when the property may be released.
902.4.2 VERIFICATION OF MONEY
All
All money shall be counted in front of the individual from whom it was received. When possible, the individual shall initial the dollar amount on the inventory. Additionally, all money should be placed in a separate envelope and sealed. Negotiable checks or other instruments and foreign currency should also be sealed in an envelope with the amount indicated but not added to the cash total. All envelopes should clearly indicate the contents on the front. The department member sealing it should place his/her initials
the member's initials across the sealed flap. Should any money be withdrawn or added, the member making such change shall enter the amount below the original entry and initial it. The amount of money in the envelope should always be totaled and written on the outside of the envelope.
902.5 STRIP SEARCHES
No individual in temporary custody at any detention
Alameda Police Department facility shall be
subjected to a strip search by Alameda Police Department personnel unless there is reasonable suspicion based upon specific and articulable facts to believe the individual has a health condition requiring immediate medical attention or is concealing a weapon or contraband. Factors to be considered in determining reasonable suspicion include, but are not limited to:
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Published with permission by Alameda Police Department ***DRAFT*** Custodial Searches - 3 (a) The detection of an object during a custody search that may be a weapon or contraband and cannot be safely retrieved without a strip search. (b) Circumstances of a current arrest that specifically indicate the individual may be concealing a weapon or contraband.

1. A felony arrest charge or being under the influence of a controlled substance should not suffice as reasonable suspicion absent other facts. (c) Custody history (e.g., past possession of contraband while in custody, assaults on

department
department members, escape attempts).
(d) The
individual's
individual’s actions or demeanor.
(e) Criminal history (i.e., level of experience in a custody setting).

No transgender or intersex individual shall be searched or examined for the sole purpose of determining the individual's individual’s genital status. If the individual's individual’s genital status is unknown, it may be determined during conversations with the person, by reviewing medical records, or as a result of a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115).

At specific detention facilities, Alameda Police personnel may be asked to witness strip searches.

Observing a strip search does not constitute a strip search for purposes of this policy and should be witnessed only by same-sex officers. BWC recordings should not occur while observing strip searches.
902.5.1 STRIP SEARCH PROCEDURES
Strip searches at detention Alameda Police Department facilities shall be conducted as follows (28 CFR 115.115; Penal Code § 4030):
(a) Written authorization from the Watch Commander shall be obtained prior to the strip search.
(b) All members involved with the strip search shall be of the same sex as the individual being searched, unless the search is conducted by a medical practitioner. (c) All strip searches shall be conducted in a professional manner under sanitary conditions and in a secure area of privacy so that it cannot be observed by those not participating in the search. The search shall not be reproduced through a visual or sound recording.
(d) Whenever possible, a second member of the same sex should also be present during the search, for security and as a witness to the finding of evidence. 27 Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Custodial Searches - 4 (e) Members conducting a strip search shall not touch the breasts, buttocks , or genitalia of the individual being searched.
(f) The primary member conducting the search shall prepare a written report to include:

1. The facts that led to the decision to perform a strip search.

2. The reasons less intrusive methods of searching were not used or were insufficient.

3. The written authorization for the search, obtained from the Watch Commander.

4. The name of the individual who was searched.

5. The name and sex of the members who conducted the search.

6. The name, sex,
and role of any person present during the search.

7. The time and date of the search.

8. The place at which the search was conducted.

9. A list of the items, if any, that were recovered.

10. The facts upon which the member based his/her belief the member's belief that
the individual was concealing a weapon or contraband.
(g) No member should view an individual's private underclothing, buttocks, genitalia , or female breasts while that individual is showering, performing bodily functions, or changing clothes, unless he/she otherwise qualifies for the individual would otherwise qualify for a strip search. However, if serious hygiene or health issues make it reasonably necessary to assist the individual with a shower or a change of clothes, a supervisor should be contacted to ensure reasonable steps are taken to obtain the individual's consent and/or otherwise protect his/her the individual's privacy and dignity.
(h) If the individual has been arrested for a misdemeanor or infraction offense, the written authorization from the Watch Commander shall include specific and articulable facts and circumstances upon which the reasonable suspicion determination for the search was made.
(i) A copy of the written authorization shall be retained and made available upon request to the individual or the individual's authorized representative. A record of the time, date, place of the search, the name, and sex of the person conducting the search, and a statement of the results of the search shall also be retained and made available upon request to the individual or the individual’s individual's authorized representative. 902.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES
A strip search may be conducted in the field only with Watch Commander authorization and only in exceptional circumstances, such as when:
(a) There is probable cause to believe that the individual is concealing a weapon or other dangerous item that cannot be recovered by a more limited search. 28 Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Custodial Searches - 5 (b) There is probable cause to believe that the individual is concealing controlled substances or evidence that cannot be recovered by a more limited search, and there is no reasonable alternative to ensure the individual cannot destroy or ingest the substance during transportation.

These special-circumstance field strip searches shall only be authorized and conducted under the same restrictions as the strip search procedures in this policy, except that the Watch Commander authorization does not need to be in writing.
902.6 PHYSICAL BODY CAVITY SEARCH
Physical body cavity searches shall be subject to the following (Penal Code § 4030):
(a) No individual shall be subjected to a physical body cavity search without written approval of the Watch Commander and only upon a search warrant. A copy of any search warrant and the results of the physical body cavity search shall be included with the related reports and made available, upon request, to the individual or authorized representative (except for those portions of the warrant ordered sealed by a court). (b) Only a physician, nurse practitioner, registered nurse, licensed vocational nurse or Emergency Medical Technician Level II licensed to practice in California may conduct a physical body cavity search.
(c) Except for the physician or licensed medical personnel conducting the search, persons present must be of the same sex as the individual being searched. Only the necessary department
department members needed to maintain the safety and security of the medical personnel shall be present.
(d) Privacy requirements, including restricted touching of body parts and sanitary condition requirements, are the same as required for a strip search. (e) All such searches shall be documented, including:

1. The facts that led to the decision to perform a physical body cavity search of the individual.

2. The reasons less intrusive methods of searching were not used or were insufficient.

3. The Watch Commander’s approval.

4. A copy of the search warrant.

5. The time, date and location of the search.

6. The medical personnel present.

7. The names, sex and roles of any
department department members present.

8. Any contraband or weapons discovered by the search.
29 Alameda Police Department
Alameda Police Department Policy Manual
Custodial Searches
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Custodial Searches - 6 (f) Copies of the written authorization and search warrant shall be retained and shall be provided to the individual who was searched or other authorized representative upon request. A record of the time, date, place of the search, the name and sex of the person conducting the search and a statement of the results of the search shall also be retained and made available upon request to the individual or the individual’s authorized representative.
902.7 TRAINING
The Training Sergeant shall ensure members have training that includes (28 CFR 115.115):
(a) Conducting searches of cross-gender individuals.
(b) Conducting searches of transgender and intersex individuals. (c) Conducting searches in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. 30 Policy
1022
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Seat Belts - 1 Seat Belts
1022.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of seat belts and child restraints. This policy will apply to all members operating or riding in department department vehicles (Vehicle Code § 27315.5). 1022.1.1 DEFINITIONS
Definitions related to this policy include:

Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213. 1022.2 WEARING OF SAFETY RESTRAINTS
All members shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by this department department while on- or off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall ensure that all other occupants, including non-members, are also properly restrained.

Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a seat belt would endanger the member or the public. Members must be prepared to justify any deviation from this requirement. 1022.3 TRANSPORTING

SUSPECTS, PRISONERS OR ARRESTEES PERSONS IN

CUSTODY
Suspects, prisoners and arrestees should Persons who are in custody should be in a seated position and secured in the rear seat of any department vehicle with a prisoner restraint system or, when a prisoner restraint system is not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints.

Prisoners in An incarcerated person in leg restraints shall be transported in accordance with the Handcuffing and Restraints Policy.
1022.4 INOPERABLE SEAT BELTS
Department Alameda Police Department vehicles shall not be operated when the seat belt in the driver's position is inoperable. Persons shall not be transported in a seat in which the seat belt is inoperable.

Department Alameda Police Department vehicle seat belts shall not be modified, removed, deactivated or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police.

Members who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system. 31 Alameda Police Department
Alameda Police Department Policy Manual
Seat Belts
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Seat Belts - 2 1022.5 POLICY
It is the policy of the Alameda Police Department that members use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle collision. 1022.6 TRANSPORTING CHILDREN
Children under the age of 8 shall be transported in compliance with California’s child restraint system requirements (Vehicle Code § 27360; Vehicle Code § 27363).

Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by law, children and any child restraint system may be secured in the front seat of such vehicles provided this positioning meets federal safety standards and the vehicle and child restraint system manufacturer’s design and use recommendations. In the event that a child is transported in the front seat of a vehicle, the seat should be pushed back as far as possible and the passenger- side airbag should be deactivated. If this is not possible, members should arrange alternate transportation when feasible. A child shall not be transported in a rear-facing child restraint system in the front seat in a vehicle that is equipped with an active frontal passenger airbag (Vehicle Code § 27363).
1022.7 VEHICLES MANUFACTURED WITHOUT SEAT BELTS
Vehicles manufactured and certified for use without seat belts or other restraint systems are subject to the manufacturer’s operator requirements for safe use. 1022.8 VEHICLE AIRBAGS
In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated, except when transporting children as written elsewhere in this policy. All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device. 32