Alameda City Council
March 4, 2025

Policy
300
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 1 Use of Force
300.1 PURPOSE AND SCOPE
This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code § 7286).

In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques and Conducted Energy Device policies.

Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation Policy.
300.1.1 DEFINITIONS
Definitions related to this policy include:

Active Resistance
– Imminent threat(s) through verbal statement(s) and/or physical action(s) by an individual who has the intent, means, opportunity, and ability to:
1) resist arrest/custody through violence and/or
2) flee from arrest/custody.

Compliant Subject - An individual who is cooperative, responsive to lawful commands, and offers no active resistance.

Control Hold - Any Department-approved method or hold, designed to control the movement of an individual by manually applying pressure to a particular part of their body (such as bent wrist control hold, twist lock, rear wrist lock, finger lock, etc.). A control hold can be applied without implementing pain.

Control Techniques
- Movements/manipulation of an engaged individual by an officer which could include pushing, pulling, guiding, and/or the use of control holds.

Deadly/Lethal Force - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Penal Code § 835a).

De-escalation
- The process of using strategies and techniques intended to decrease the need to use force and/or reducing or ending the application of force.

Disengagement
- A de-escalation tactic designed to avoid or minimize the need to use force, or otherwise unsafe outcomes for both the individual being contacted and/or the officer.

Disengagement may be a viable option for individuals who pose no additional threats to others, there is no crime, or for individuals who may later be apprehended under safer conditions.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 2 Emergency Medical Treatment – Treatment for significant injuries where an individual requires life-saving intervention and/or treatment at a hospital.

Exigent Circumstances – Circumstances where a reasonable person would believe that certain action(s) and/or response(s) were necessary to prevent harm.

Feasible
- Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person (Government Code § 7286(a)).

Force - The application of physical techniques/tactics, chemical agents, or weapons upon another person to:
(a) Defend against an assault, and/or
(b) Overcome resistance to arrest/custody, and/or
(c) Overcome flight from arrest/custody.

It is not a use of force when a person allows themselves to be searched, escorted, handcuffed, or restrained.

Imminent Threat - A threat which, based on the totality of the circumstances and clear articulable facts, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or injury to the officer or another person. An officer's subjective fear of future harm alone is insufficient as an imminent threat. Imminent threat is one that from appearances must be immediately addressed. (Penal Code 835a).

Intercede
- Includes, but is not limited to, verbally and/or physically stopping the excessive use of force.

Less-Lethal Force
- Any use of force, other than deadly force, which by design presents less potential for causing death or serious injury than conventional lethal force options.

Medical Treatment – Treatment for injuries not requiring lifesaving intervention. This includes first aid in the field or treatment at a medical facility.

Necessary Force
- Force where objectively reasonable alternatives were not available and/or practical and the force used was reasonable based on the Department's policy and training to effect the lawful purpose intended.

Objectively Reasonable – An assessment of reasonableness based on a specific set of facts and a totality of circumstances where an officer's conduct is evaluated based on the reasonable officer standard. This evaluation is used to determine whether the officer's actions were justified given the situation they faced at that time.

Pain Compliance Technique - Involves either the manipulation of a person's joints or activating certain pressure points intended to create sufficient pain for the purpose of motivating a person to comply with verbal commands.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 3 Passive Resistance - Resistance where an individual does not follow the lawful verbal commands of an officer and does not engage in acts of violence and/or physical resistance in any way.

Examples: A person who goes completely limp, sits down, and refuses to stand or walk, or who may stand with arms at their sides without attempting to strike at or physically resist officers.

Personal Body Weapons - An officer's use of their body part, including but not limited to hand, foot, knee, elbow, shoulder, hip, arm, leg, or head by means of kinetic energy transfer (impact) to gain control of a subject.

Pre-Event Conduct
- The actions of police personnel, to include the process of gathering and assessing all of the information and resources available to officers prior to an event.

Restrained Person
– A person who has fully been placed into any authorized restraint device such as handcuffs, leg restraints, or a WRAP Restraint Device.

Serious Bodily Injury
- A serious impairment of physical condition, including but not limited to the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement (Penal Code § 243(f)(4)).

Tactical Repositioning
- A tactic considered when circumstances reasonably appear to be conducive and advantageous to physically move or change an officer's location. The intent is to seize opportunities to gain additional time, distance, and cover in a manner that supports safety for members of the community, officers, and the subject. When appropriate, the objective is to consider tactical repositioning as an option in support of de-escalation techniques and to increase an officer's reaction time and tactical options. Tactical repositioning is not considered a "retreat" as outlined in PC 835a(d) and should be included as another option for officers to consider when attempting an arrest.

Takedown Technique
– A method designed to physically take a subject to the ground with the intent of gaining control of the subject.

Totality of the Circumstances - All facts known to the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code § 835a). 300.2 POLICY
The Alameda Police Department's highest priority is safeguarding the life, dignity, and liberty of all persons. Officers shall demonstrate this principle in their daily interactions with the community they are sworn to protect and serve. The Department is committed to accomplishing this mission with respect and minimal reliance on the use of force by using rapport-building communication, crisis intervention, and de-escalation tactics before resorting to force. Officers must respect the sanctity of human life, act in all possible respects to preserve human life, and minimize the force that is used, while still protecting themselves and the public.

In all cases where physical force is used and no other options were practical, officers shall use a minimum amount of force to accomplish a legitimate law enforcement objective that is objectively reasonable and proportional to effectively and safely overcome resistance.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 4 The United States Supreme Court in Graham v. Connor, 490 U.S. 386 (1989), held that, in order to comply with the U.S. Constitution, an officer's use of force must be objectively reasonable under the totality of circumstances known to the officer at the time. Additionally, Penal Code section 835(a) imposes further restrictions on an officer's use of force.

The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties.

Officers must have an understanding of, and true appreciation for, their authority and limitations.

This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties.

The Alameda Police Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE
Any officer present and observing another law enforcement officer or an employee using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, shall, when in a position to do so, intercede (as defined by Government Code § 7286) to prevent the use of unreasonable force.

When observing force used by a law enforcement officer, each officer should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject (Government Code § 7286(b)). 300.2.2 FAIR AND UNBIASED USE OF FORCE
Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)). Any application of force that is solely rooted in bias against a person's race, ethnicity, national origin, religion, disability, gender identity or expression, sexual orientation, or any other protected class/characteristic is strictly prohibited.

Officers engaged in such action will be subject to termination. See the Bias-Based Policing Policy. 300.2.3 DUTY TO REPORT EXCESSIVE FORCE
Any officer who observes a law enforcement officer or an employee use force that potentially exceeds what the officer reasonably believes to be necessary shall immediately report these observations to a supervisor (Government Code § 7286(b)).

As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 300.2.4 FAILURE TO INTERCEDE
An officer who has received the required training on the duty to intercede and then fails to act to intercede when required by law, may be disciplined in the same manner as the officer who used force beyond that which is necessary (Government Code § 7286(b)).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 5 300.3 USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a).

The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving.

Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. Officers may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)).

It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the approved or authorized tools, weapons, or methods provided by the Alameda Police Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose.

While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. Officers should consider re-positioning or disengaging. 300.3.1 USE OF FORCE TO EFFECT AN ARREST
Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape, or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an officer be deemed the aggressor or lose their right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal Code § 835a).
300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit (Government Code § 7286(b)). These factors include but are not limited to:
(a) The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 6 (b) The conduct of the individual being confronted, as reasonably perceived by the officer at the time (Penal Code § 835a).
(c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d) The conduct of the involved officer leading up to the use of force (Penal Code § 835a). (e) The effects of suspected drugs or alcohol.
(f) The individual's apparent mental state or capacity (Penal Code § 835a). (g) The individual's apparent ability to understand and comply with officer commands (Penal Code § 835a).
(h) Proximity of weapons or dangerous improvised devices. (i) The degree to which the subject has been effectively restrained and their ability to resist despite being restrained.
(j) The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a).
(k) Seriousness of the suspected offense or reason for contact with the individual prior to and at the time force is used.
(l) Training and experience of the officer.
(m) Potential for injury to officers, suspects, bystanders, and others. (n) Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer.
(o) The risk and reasonably foreseeable consequences of escape. (p) The apparent need for immediate control of the subject or a prompt resolution of the situation.
(q) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others.
(r) Prior contacts with the subject or awareness of any propensity for violence. (s) Any other exigent circumstances.
300.3.3 PAIN COMPLIANCE TECHNIQUES
Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider:
(a) The degree to which the application of the technique may be controlled given the level of resistance.
(b) Whether the person can comply with the direction or orders of the officer. (c) Whether the person has been given sufficient opportunity to comply.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 7 The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved.
300.3.4 USE OF FORCE TO SEIZE EVIDENCE
In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. Officers are encouraged to use techniques and methods taught by the Alameda Police Department for this specific purpose.
300.3.5 ALTERNATIVE TACTICS - DE-ESCALATION
De-escalation and Force Minimization: Every officer's goal, throughout an encounter with a member of the public, shall be to de-escalate, wherever possible, and resolve the encounter without resorting to the use of force. Wherever possible, officers shall employ de-escalation techniques to increase the likelihood of voluntary compliance with law enforcement requests or directives and, thereby, decrease the likelihood that a use of force will become necessary during an incident. Further, in any encounters that do call for applying force, officers must always use a minimal amount of force that is objectively reasonable to safely achieve their legitimate law enforcement objective.

Proportionality: When determining the appropriate level of force, officers shall balance the severity of the offense committed and the level of resistance based on the totality of the circumstances known to or perceived by the officer at the time. It is particularly important that officers apply proportionality and critical decision making when encountering a subject who is unarmed or armed with a weapon other than a firearm.

Minimizing the Use of Deadly Force: Deadly force may only be used when it is objectively reasonable that such action is necessary to protect the officer or another person from imminent danger of death or serious bodily harm. Officers shall not use deadly force if it is objectively reasonable that alternative techniques will eliminate the imminent danger and ultimately achieve the law enforcement purpose with less risk of harm to the officer or to other persons.

Vulnerable Populations: Officers should be particularly sensitive when considering the use of force against vulnerable populations, including children, elderly persons, pregnant women, people with physical and mental disabilities, people experiencing mental health crises, and people with limited English proficiency.

Foster Strong Community Relationships: The Alameda Police Department understands that uses of force, even if lawful and proper, can have a damaging effect on the public's perception of the Department and the Department's relationship with the community. The Department is committed to fostering strong community relations by building on its historic tradition of progressive policing, ensuring accountability and transparency, and striving to increase trust with our community.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 8 De-escalation tactics and techniques are actions used by officers which seek to minimize the need to use force during an incident. Such tactics and techniques may increase the likelihood of voluntary compliance when employed and shall be used when it is safe to do so. De-escalation tactics emphasize slowing down an incident to allow time, distance, and flexibility for the situation to resolve. Officers shall continually assess the dynamics of a situation and modulate their response and actions appropriately. Officers may be justified in using force at one moment, but not justified in using force the next due to a change in dynamics. The application of these tactics is intended to increase the potential for resolution with a minimal reliance on the use of force, or without using force at all.

As time and circumstances reasonably permit, and when community and officer safety would not be compromised, officers should consider actions that may increase officer safety and may decrease the need for using force:
(a) Summoning additional resources that are able to respond in a reasonably timely manner.
(b) Formulating a plan with responding officers before entering an unstable situation that does not reasonably appear to require immediate intervention. (c) Employing other tactics that do not unreasonably increase officer jeopardy.

In addition, when reasonable, officers should evaluate the totality of circumstances presented at the time in each situation and, when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation before applying force (Government Code § 7286(b)). Such alternatives may include but are not limited to:
(a) Attempts to de-escalate a situation.
(b) If reasonably available, the use of crisis intervention techniques by properly trained personnel.
(c) Maintaining a safe distance.
(d) Using available cover and concealment and identifying escape routes. (e) Staging other relevant emergency personnel such as the Alameda Fire Department. (f) Controlling vehicle and pedestrian traffic.
(g) Establishing communication, preferably with one officer. (h) Creating an emergency plan and a deliberate plan with contingencies. (i) Making a tactical approach to the scene.
(j) Gathering intelligence concerning the incident and/or the involved person(s) from available sources.
(k) Evaluating if the person has any of the following conditions which may prevent or delay effective de-escalation:

1. Physical disability
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 9

2. Mental health disability

3. Developmental disability

4. Intellectual disability

5. Under the influence of drugs (prescribed or otherwise) or alcohol, or both (l) Using available cover and concealment, as appropriate. (m) Utilizing distance and space to maximize non-confrontational contact and dialogue. (n) Communicating with the person in a calm, slow, non-threatening manner and tone:

1. Provide clear, concise directions or commands

2. Allow person(s) to express themselves verbally; allow the person to "vent"

3. Ask open-ended questions

4. Recognize the importance of verbal and non-verbal communication being in sync
(o) Deploying less-lethal resources.
(p) Tactical repositioning of resources and personnel.
(q) Disengagement.
300.3.6 RESTRICTIONS ON THE USE OF A CHOKE HOLD
Officers of this department are not authorized to use a choke hold. A choke hold means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe (Government Code § 7286.5).
300.3.7 ADDITIONAL RESTRICTIONS
Officers are not authorized to use any restraint or transportation method which would create substantial risk of positional asphyxia as defined by Government Code § 7286.5 and/or unreasonably impair an individual's breathing or respiratory capacity. Once controlled, the individual shall be placed into a recovery position (e.g., supine or seated) and officers shall promptly check and continuously monitor the individual's condition for signs of medical distress (Government Code § 7286.5).

Pressure on the head, neck, and/or spine shall be avoided unless necessary to protect the safety of the officer(s) or other person(s).

Any pressure applied on the back shall be transitory.

Department policy further requires restrained individuals shall be placed into the recovery position immediately.

If a decision is made to place a restrained individual into a leg restraint device, officers shall comply with Policy 306.7.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 10 300.4 DEADLY FORCE APPLICATIONS
Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to identify themself as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts (Penal Code § 835a).

If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers shall evaluate and use other reasonably available resources and techniques when determining whether to use deadly force. To the extent that it is reasonably practical, officers should consider their surroundings and any potential risks to bystanders prior to discharging a firearm (Government Code § 7286(b)).

The use of deadly force is only justified when the officer reasonably believes it is necessary in the following circumstances (Penal Code § 835a):
(a) An officer may use deadly force to protect themself or others from what the officer reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person.
(b) An officer may use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.

Officers shall not use deadly force against a person based on the danger that person poses to themself, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a).

Additionally, an officer should
shall not use deadly force against a person whose actions are a threat solely to property unless the person poses an imminent danger of death or serious physical injury to the officer or others in close proximity.

An "imminent" threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An officer's subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant attention (Penal Code § 835a).
300.4.1 SHOOTING AT OR FROM MOVING VEHICLES
Shots fired at or from a moving vehicle are rarely effective and involve considerations and risks in addition to the justification for the use of deadly force. When feasible, officers should take reasonable steps to move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others (Government Code § 7286(b)).

Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 11 300.4.2 DISPLAYING OF FIREARMS
Given that individuals might perceive the display of a firearm as a potential application of force, officers should carefully evaluate each tactical situation and use sound discretion when drawing a firearm in public by considering the following guidelines (Government Code § 7286(b)):
(a) If the officer does not initially perceive a threat but reasonably believes that the potential for such threat exists, firearms should generally be kept in the low-ready or other position not directed toward an individual.
(b) If the officer reasonably believes that a threat exists based on the totality of circumstances presented at the time (e.g., high-risk stop, tactical entry, armed encounter), firearms may be directed toward such threat until the officer no longer perceives such threat.

Once it is reasonably safe to do so, officers should carefully secure all firearms. 300.5 REPORTING THE USE OF FORCE
Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why they believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Alameda Police Department may require the completion of additional report forms, as specified in department policy, procedure or law.
300.5.1 NOTIFICATION TO SUPERVISORS
Any use of force by an officer shall be reported immediately to a supervisor, including but not limited to the following circumstances (Penal Code § 832.13):
(a) The application caused a visible injury.
(b) The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
(c) The individual subjected to the force complained of injury or continuing pain. (d) The individual indicates intent to pursue litigation. (e) Any application of a conducted energy device or control device. (f) Any application of a restraint device other than handcuffs, shackles, or belly chains. (g) The individual subjected to the force was rendered unconscious. (h) An individual was struck or kicked.
(i) An individual alleges unreasonable force was used or that any of the above has occurred.

As used in this subsection, "immediately" means as soon as it is safe and feasible to do so.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 12 300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE Statistical data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. See the Records Division Policy. 300.5.3 REPORT RESTRICTIONS
Officers shall not use the term "excited delirium" to describe an individual in an incident report.

Officers may describe the characteristics of an individual's conduct, but shall not generally describe the individual's demeanor, conduct, or physical and mental condition at issue as "excited delirium" (Health and Safety Code § 24402).
300.6 MEDICAL CONSIDERATIONS
Once it is reasonably safe to do so, properly trained officers should promptly provide or procure medical assistance for any person injured or claiming to have been injured in a use of force incident (Government Code § 7286(b)).

Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until the individual can be medically assessed.

Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible.

The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).

Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain, or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate.

See the Medical Aid and Response Policy for additional guidelines.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 13 300.7 SUPERVISOR RESPONSIBILITY
A supervisor should respond to any reported use of force, if reasonably available. The responding supervisor is expected to (Government Code § 7286(b)):
(a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties.
(b) Ensure that any injured parties are examined and treated. (c) When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived theirMiranda rights, the following shall apply:

1. The content of the interview should not be summarized or included in any related criminal charges.

2. The fact that a recorded interview was conducted should be documented in a property or other report.

3. The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired.
(d) Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. (e) Identify any witnesses not already included in related reports. (f) Review and approve all related reports.
(g) Determine if there is any indication that the subject may pursue civil litigation.

1. If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. (h) Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate.

In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit.
300.7.1 WATCH COMMANDER RESPONSIBILITY
The Watch Commander shall review each use of force by any personnel within their command to ensure compliance with this policy and to address any training issues. 300.8 TRAINING
Officers, investigators, and supervisors will receive annual training on this policy and demonstrate their knowledge and understanding (Government Code § 7286(b)).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 14 300.8.1 TRAINING REQUIREMENTS
Required annual training shall include:
(a) Legal updates.
(b) De-escalation tactics, including alternatives to force. (c) The duty to intercede.
(d) The duty to request and/or render medical aid.
(e) Warning shots (see the Firearms Policy).
(f) All other subjects covered in this policy (e.g., use of deadly force, chokeholds and carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings). (g) Training courses required by and consistent with POST guidelines set forth in Penal Code § 13519.10.

See the Training Policy for restrictions relating to officers who are the subject of a sustained use of force complaint.
300.8.2 STATE-SPECIFIC TRAINING REQUIREMENTS
Required state-specific training shall include guidelines regarding vulnerable populations, including but not limited to children, elderly persons, pregnant individuals, and individuals with physical, mental, and developmental disabilities (Government Code § 7286(b)). 300.9 USE OF FORCE ANALYSIS
At least annually, the Field Services Bureau Commander should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include:
(a) The identification of any trends in the use of force by members. (b) Training needs recommendations.
(c) Equipment needs recommendations.
(d) Policy revision recommendations.
300.10 USE OF FORCE COMPLAINTS
The receipt, processing, and investigation of civilian complaints involving use of force incidents should be handled in accordance with the Personnel Complaints Policy (Government Code § 7286(b)).
300.11 POLICY REVIEW
The Chief of Police or the authorized designee should regularly review and update this policy to reflect developing practices and procedures (Government Code § 7286(b)).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Use of Force
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Use of Force - 15 300.12 POLICY AVAILABILITY
The Chief of Police or the authorized designee should ensure this policy is accessible to the public (Government Code § 7286(c)).
300.13 PUBLIC RECORDS REQUESTS
Requests for public records involving an officer’s personnel records shall be processed in accordance with Penal Code § 832.7 and the Personnel Records and Records Maintenance and Release policies (Government Code § 7286(b)).

Exhibit 1

Policy
310
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 1 Officer-Involved Shootings and Deaths
310.1 PURPOSE AND SCOPE
The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of another action of an officer.

In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy.
310.2 POLICY
The policy of the Alameda Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 310.3 TYPES OF INVESTIGATIONS
Officer-involved shootings and deaths involve several separate investigations. The investigations may include:
• A criminal investigation of the suspect’s actions.
• A criminal investigation of the involved officer’s actions. • An administrative investigation as to policy compliance by involved officers. • A civil investigation to determine potential liability. 310.3.1 ALAMEDA POLICE DEPARTMENT OFFICER WITHIN JURISDICTION The Alameda Police Department is responsible for the criminal investigation of the suspect's actions, the civil investigation, and the administrative investigation. The criminal investigation of the officer-involved shooting will be conducted by the District Attorney's Office. 310.3.2 ALLIED AGENCY'S OFFICER WITHIN THIS JURISDICTION The Alameda Police Department is responsible for the criminal investigation of the suspect's actions. The criminal investigation of the officer-involved shooting will be conducted by the District Attorney's Office. The officer's employing agency will be responsible for any civil and/or administrative investigation(s).
310.3.3 ALAMEDA POLICE DEPARTMENT OFFICER IN ANOTHER JURISDICTION The agency where the incident occurred has criminal jurisdiction and is responsible for the criminal investigation of the incident. That agency may relinquish its criminal investigation of the suspect(s) to another agency. The Alameda Police Department will conduct timely civil and/or administrative investigations.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 2 310.3.4 INVESTIGATION CHART
Criminal
Investigation
of Suspect(s)
Criminal
Investigation
of Officer(s)
Civil Investigation Administrative
Investigation
APD Officer in
This Jurisdiction
APD Investigators District
Attorney's Office
APD Civil
Liability Team
APD Inspectional
Services
Allied Agency's
Officer in This
Jurisdiction
APD Investigators District
Attorney's Office
Involved Officer's
Department
Involved Officer's
Department
APD Officer
In Another
Jurisdiction
Agency where
incident occurred
Decision made
by agency where
incident occurred
APD Civil
Liability Team
APD Inspectional
Services
310.4 INVESTIGATION PROCESS
The following procedures are guidelines used in the investigation of an officer-involved shooting or death.
310.4.1 UNINVOLVED OFFICER RESPONSIBILITIES
Upon arrival at the scene of an officer-involved shooting, the first uninvolved APD officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved.

This officer should, as appropriate:
(a) Secure the scene and identify and eliminate hazards for all those involved. (b) Take reasonable steps to obtain emergency medical attention for injured individuals. (c) Request additional resources from the Department or other agencies. (d) Coordinate a perimeter or pursuit of suspects.
(e) Check for injured persons and evacuate as needed.
(f) Brief the supervisor upon arrival.
310.4.2 WATCH COMMANDER RESPONSIBILITIES
Upon learning of an officer-involved shooting or death, the Watch Commander shall be responsible for coordinating all aspects of the incident until he/she is relieved by the Chief of Police or a Bureau Commander.

All outside inquiries about the incident shall be directed to the Watch Commander. 310.4.3 NOTIFICATIONS
The following person(s) shall be notified as soon as practicable:
• Chief of Police
• Bureau Commander
• OIS Protocol rollout team
• Outside agency investigator (if appropriate)
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 3 • Professional Standards Unit supervisor
• Civil liability response team
• Psychological/peer support personnel
• Chaplain
• Coroner (if necessary)
• Involved officer's agency representative (if requested) • Public Information Officer
310.4.4 SUPERVISOR RESPONSIBILITIES
Upon arrival at the scene, the first uninvolved APD supervisor should ensure completion of the duties as outlined above, plus:
(a) Attempt to obtain a brief overview of the situation from any uninvolved officers.

1. In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer.
(b) If necessary, the supervisor may administratively order any APD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects.

1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information.

2. The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. (c) Provide all available information to the Watch Commander and the Communications Center. If feasible, sensitive information should be communicated over secure networks.
(d) Take command of and secure the incident scene with additional APD members until properly relieved by another supervisor or other assigned personnel or investigator. (e) As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction.

1. Each involved APD officer should be given an administrative order not to discuss the incident with other involved officers or APD members pending further direction from a supervisor.

2. When an involved officer’s weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 4 310.4.5 INVOLVED OFFICERS
The following shall be considered for the involved officer:
(a) Any request for legal or union representation will be accommodated.

1. Involved APD officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report.

2. Requests from involved non-APD officers should be referred to their employing agency.
(b) Discussions with licensed attorneys will be considered privileged as attorney-client communications.
(c) Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information (Government Code § 3303(i)). (d) A licensed psychotherapist shall be provided by the Alameda Police Department to each involved APD officer. A licensed psychotherapist may also be provided to any other affected APD members, upon request.

1. Interviews with a licensed psychotherapist will be considered privileged.

2. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report.

3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy).
(e) Communications between the involved officer and a peer support member are addressed in the Wellness Program Policy.

Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it.

Each involved APD officer shall be given reasonable paid administrative leave following an officer- involved shooting or death. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave.
310.4.6 NOTIFICATION TO DEPARTMENT OF JUSTICE
The California Department of Justice (DOJ) is required to investigate an officer-involved shooting resulting in the death of an unarmed civilian. The Watch Commander should promptly notify the DOJ in all incidents involving an officer-involved shooting resulting in the death of an unarmed civilian, including where it is undetermined if the civilian was unarmed.

For purposes of notification, “unarmed civilian” means anyone who is not in possession of a deadly weapon (Government Code § 12525.3).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 5 310.5 CRIMINAL INVESTIGATION
The District Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death.

If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in related criminal investigations.

Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews.

The following shall be considered for the involved officer:
(a) APD supervisors and Professional Standards Unit personnel should not participate directly in any voluntary interview of APD officers. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry. (b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of the officer's choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer's statement, involved officers shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed. (c) If any involved officer is physically, emotionally, or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview.
(d) Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents.
310.5.1 REPORTS BY INVOLVED APD OFFICERS
In the event that suspects remain outstanding or subject to prosecution for related offenses, this Department shall retain the authority to require involved APD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)).

While the involved APD officer may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview all involved officers as victims/ witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved officers in other reports.

Nothing in this section shall be construed to deprive an involved APD officer of the right to consult with legal counsel prior to completing any such criminal report.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 6 Reports related to the prosecution of criminal suspects will be processed according to normal procedures but should also be included for reference in the investigation of the officer-involved shooting or death.
310.5.2 WITNESS IDENTIFICATION AND INTERVIEWS
Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following:
(a) Identification of all persons present at the scene and in the immediate area.

1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred.

2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Department.

1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. (c) Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident.
310.5.3 INVESTIGATIVE PERSONNEL
Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Investigations Commander to assign appropriate investigative personnel to handle the investigation of related crimes. Department investigators will be assigned to work with investigators from the District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the District Attorney's Office.

All related department reports, except administrative and/or privileged reports, will be forwarded to the designated Investigations supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate Bureau Commander.
310.6 ADMINISTRATIVE INVESTIGATION
In addition to all other investigations associated with an officer-involved shooting or death, this Department will conduct an internal administrative investigation of APD officers to determine Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 7 conformance with Department policy. The investigation will be conducted under the supervision of the Professional Standards Unit and will be considered a confidential officer personnel file.

Interviews of members shall be subject to Department policies and applicable laws (see the Personnel Complaints Policy).
(a) Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency.
(b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer.

1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews.
(c) In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information.

1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer’s physical and psychological needs have been addressed before commencing the interview.

2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed (Government Code § 3303(i)).

3. Administrative interviews should be recorded by the investigator. The officer may also record the interview (Government Code § 3303(g)).

4. The officer shall be informed of the nature of the investigation. If an officer refuses to answer questions, he/she should be given his/ her Lybarger or Garrity rights and ordered to provide full and truthful answers to all questions. The officer shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally.

5. The Professional Standards Unit shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies.

6. Regardless of whether the use of force is an issue in the case, the completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 8

7. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures.
310.7 AUDIO AND VIDEO RECORDINGS
Any officer involved in a shooting or death may be permitted to review available Mobile Audio/ Video (MAV), body-worn video, or other video or audio recordings captured on their assigned devices prior to providing a recorded statement or completing reports.

Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, body-worn video, or other video or audio recordings with approval of assigned investigators or a supervisor.

Any MAV, body-worn and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or City Attorney's Office, as appropriate.
310.8 ADMINISTRATIVE RESPONSIBILITIES
Any officer involved in a deadly force incident which results in serious bodily injury or death shall be placed on "Administrative Leave" upon completion of a preliminary report of the incident. This leave shall be without loss of pay or benefits, pending the results of the investigation. The assignment to Administrative Leave shall not be interpreted to imply or indicate that the officer's actions were improper.

While on Administrative Leave the officer shall remain available during the normal business day for official Department interviews and statements regarding the incident, and shall be subject to recall to duty at any time.

In all cases where any person has been seriously injured or killed as a result of actions by a police officer, the involved officer will be required to undergo a debriefing with a professional counselor supplied by the City, as soon as possible. The purpose of this debriefing is to allow the officer to express his/her feeling and to deal with the moral, ethical and/or psychological after effects of the incident. The debriefing session will remain protected by the privileged physician-patient relationship.
310.9 REPORTING
If the death of an individual occurs in the Alameda
Alameda Police Department jurisdiction
and qualifies to be reported to the state as a justifiable homicide or an in-custody death , the Field Services Bureau Commander Field Services Bureau Commander will ensure that the Records Supervisor Records Supervisor is provided with enough information to meet the reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 9 310.10 MEDIA RELATIONS
Any media release shall be prepared with input and concurrence from the supervisor and Department representative responsible for each phase of the investigation. Releases will be available to the Watch Commander, Criminal Investigations Bureau Commander and Public Information Officer in the event of inquiries from the media.

The Department shall not subject any involved APD officer to visits by the media (Government Code § 3303(e)). No involved APD officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Bureau Commander. Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation.
310.11 DEBRIEFING
Following an officer-involved shooting or death, the Alameda Police Department should conduct both a Critical Incident Stress Debriefing and a tactical debriefing. See the Wellness Program Policy for guidance on Critical Incident Stress Debriefings. 310.11.1 TACTICAL DEBRIEFING
A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators.
310.12 CIVIL LIABILITY RESPONSE
A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Alameda Police Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation.

All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations.

Exhibit 1

Policy
312
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Firearms - 1 Firearms
312.1 PURPOSE AND SCOPE
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training.

This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer-Involved Shootings and Deaths policies.

This policy only applies to those members who are authorized to carry firearms. 312.2 POLICY
The Alameda Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well-armed persons. The department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow.
312.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the department and have been thoroughly inspected by the Rangemaster. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized department range.

All other weapons not provided by the department, including but not limited to edged weapons, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their official duties without the express written authorization of the member's Bureau Commander. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law.
312.3.1 HANDGUNS
MAKE/MANUFACTURER:

The authorized department issued handgun for uniformed personnel is the Glock 17, chambered in 9mm.

MODELS:
* Must be chambered in either 9mm.

On-duty handguns for plain-clothes/detective use may have a barrel of less than 3.5 inches, providing the weapon meets all other criteria outlined in this section, and Rangemaster approval.
* Must have a magazine capacity of at least 7 cartridges. On-duty personnel shall not carry a magazine that holds more than 17 cartridges.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Firearms
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Firearms - 2 * Handgun finish must be parkerized, black, blue, or stainless steel. * Grips must be wood (brown/natural in color) or plastic/rubber (black or brown).

No mechanical modifications, other than grips, sights, or approved handgun-mounted illumination devices shall be made to any duty handgun.All modifications must meet Rangemaster approval. 312.3.2 PATROL RIFLES
The authorized department-issued patrol rifle is the Colt AR-15.

Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
(a) Situations where the member reasonably anticipates an armed encounter. (b) When a member is faced with a situation that may require accurate and effective fire at long range.
(c) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
(d) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(e) When a member reasonably believes that a suspect may be wearing body armor. (f) When authorized or requested by a supervisor.
(g) When needed to euthanize an animal.

When not deployed, the patrol rifle shall be properly secured consistent with department training in a locking weapons rack in the patrol vehicle.
312.3.3 AUTHORIZED OFF-DUTY FIREARMS
The carrying of firearms by members while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as peace officers, will be required to meet the following guidelines:
(a) The weapon shall be of good quality and
workmanship (e.g. Colt, Smith & Wesson, Browning, Sig Sauer, etc.). In addition to the calibers authorized for on-duty use, .38/.357revolvers are also authorized for off-duty carry. (b) The purchase of the weapon shall be the responsibility of the officer. (c) The weapon shall be carried out of sight at all times, in a holster approved by the Rangemaster or designated Firearms Instructor, and in such a manner as to prevent accidental cocking, discharge, or loss of physical control. The weapon shall be carried at all times in a manner which ensures positive control of the firearm.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Firearms
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Firearms - 3 (d) It will be the responsibility of the officer to submit the weapon to the Rangemaster or designated Firearms Instructor for inspection prior to being carried off-duty. The Rangemaster or designated Firearms Instructor shall assure that the officer is proficient in handling and firing that weapon and it will be carried in a safe manner. The weapon shall be subject to inspection whenever deemed necessary. The officer will successfully qualify with the weapon prior to it being carried and thereafter once annually. The range qualification dates will be specified by the Rangemaster. (e) A complete description of the weapon(s) shall be contained on the qualification record approved by the Rangemaster.
(f) Only department approved ammunition is authorized for use in off-duty carry, in either 9mm, .45 ACP, .380 ACP, or .38/.357.
(g) If any member desires to own more than one weapon utilized while off-duty, he/she may do so, as long as the officer meets all the requirements set forth in this policy for each weapon used. (h) When armed, whether on or off-duty, officers shall carry their department identification and/ or badge when practical.
312.3.4 AMMUNITION
Members shall carry only department-authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department-issued firearms during the member’s firearms qualification. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Rangemaster or designated Firearms Instructor when needed, in accordance with established policy.
312.4 EQUIPMENT
Firearms carried on or off-duty shall be maintained in a clean, serviceable condition. Repair of department issued firearms will be the responsibility of the Rangemaster.. Maintenance and repair of authorized personally owned firearms is the responsibility of the individual member. 312.4.1 REPAIRS OR MODIFICATIONS
Each member shall be responsible for promptly reporting any damage or malfunction of their firearm to a supervisor or the Rangemaster.

Firearms that are approved for department use may be repaired or modified only by a person who is department-approved and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or repair must be authorized in advance by the Rangemaster.

Any repairs or modifications to the member's personally owned firearm shall be done at his/her expense and must be approved by the Rangemaster.
312.4.2 HOLSTERS
Only department-approved holsters shall be used and worn by members. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Firearms
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Firearms - 4 312.4.3 TACTICAL LIGHTS
Uniformed personnel shall only use department issued tactical lights. Tactical lights may only be installed on a firearm carried by non-uniformed personnel or off-duty after they have been examined and approved by the Rangemaster. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 312.4.4 OPTICS
Optics may only be installed on a firearm carried on or off-duty after they have been examined and approved by the Rangemaster. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it.

Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 312.5 SAFE HANDLING, INSPECTION AND STORAGE
Members shall maintain the highest level of safety when handling firearms and shall consider the following:
(a) Members shall not unnecessarily display or handle any firearm. (b) Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Rangemaster. Members shall not dry fire or practice quick draws except as instructed by the Rangemaster or other firearms training staff.
(c) Members shall not clean, repair, load or unload a firearm anywhere in the Alameda Police Department, except where clearing barrels are present. (d) Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded in the parking lot and outside of the vehicle, using clearing barrels.
(e) Members shall not place or store any firearm or other weapon on department premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing an arrestee, but shall place all firearms in a secured location. Members providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section.
(f) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor. (g) Any firearm authorized by the Alameda Police Department to be carried on- or off-duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Alameda Police Department or a Rangemaster approved by the Alameda Police Department for inspection and repair. Any firearm deemed in need of repair or service by the Rangemaster will be Exhibit 1

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Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 5 immediately removed from service. If the firearm is the member’s primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 312.5.1 INSPECTION AND STORAGE
Handguns shall be inspected regularly and upon access or possession by another person.

Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels.

Department issued and personally owned firearms may be safely stored in lockers at the end of the shift. Alameda Police Department-owned firearms shall be stored in the appropriate equipment storage room. Handguns may remain loaded if they are secured in an appropriate holster.

Shotguns and rifles shall be unloaded in a safe manner outside the building and then stored in the appropriate equipment storage room.
312.5.2 STORAGE AT HOME
Members shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department-issued firearms to be handled by anyone not authorized by the department to do so.

Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Penal Code § 25100).
312.5.3 ALCOHOL AND DRUGS
Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount of an alcoholic beverage, taken any drugs or medication, or has taken any combination thereof that would tend to adversely affect the member’s senses or judgment. 312.5.4 STORAGE IN VEHICLES
When leaving a handgun in an unattended vehicle, members shall ensure that it is locked in the trunk, or in a locked container that is placed out of view, or in a locked container that is permanently affixed to the vehicle's interior and not in plain view, or in a locked toolbox or utility box permanently affixed to the vehicle (Penal Code § 25140; Penal Code § 25452).

If the vehicle does not have a trunk or a locked container, then the firearm should be locked within the center utility console that can be locked with a padlock, keylock, combination lock, or other similar locking device (Penal Code § 25140).

Officers are exempt from these requirements during circumstances requiring immediate aid or action in the course of official duties (Penal Code § 25140). 312.6 FIREARMS TRAINING AND QUALIFICATIONS
All sworn personnel are required to qualify quarterly with their duty weapon and annually with their off-duty weapon(s) on an approved range course.The Rangemaster shall keep accurate Exhibit 1

Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 6 records of quarterly qualifications, repairs, maintenance, training or as directed by the Inspectional Services and Training Sergeant.In addition to regular qualification schedules, the Rangemaster or designated Firearms Instructor shall be responsible for providing all sworn personnel with annual practical training designed to simulate field situations.At least annually, all personnel carrying a firearm will receive training on the department Use of Force policy and Body Worn Camera (BWC) activation practice and should demonstrate their knowledge and understanding. 312.6.1 NON-CERTIFICATION OR NON-QUALIFICATION
If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that member shall submit a memorandum to his/her immediate supervisor prior to the end of the required training or qualification period.

Those who fail to meet minimum standards or qualify on their first shooting attempt shall be provided remedial training and will be subject to the following requirements:
(a) Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency.
(b) Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c) No range credit will be given for the following:

1. Unauthorized range make-up

2. Failure to meet minimum standards or qualify after remedial training Members who repeatedly fail to meet minimum standards will be removed from field assignment and may be subject to disciplinary action.
312.7 FIREARM DISCHARGE
Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer-Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy.

In all other cases, documentation of the incidentreports shall be made as follows:
(a) If on-duty at the time of the incidentand no property damage occurred, the member shall provide basic information to his/her supervisor. The supervisor shall document the incident with a Blue Team entry prior to the end of shift, unless otherwise directed. (b) If on-duty at the time of the incident and property damage occurred, the member shall provide basic information to his/her supervisor. The supervisor shall document the incident with a Blue Team entry prior to the end of their shift, unless otherwise directed.

A miscellaneous report will be completed by an un-involved officer to document the property damage.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Firearms
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Firearms - 7 (c) If off-duty and within the city of Alameda at the time of the incident, the member shall provide basic information to responding officers and a miscellaneous report shall be completed. A supervisor shall document the incident with a Blue Team entry prior to the end of their shift, unless otherwise directed.
(d) If off-duty and outside the city limits of Alameda at the time of the incident, the member shall cooperate with the investigating agency. The member shall provide basic information to his/her supervisor as soon as circumstances permit. The supervisor shall document the incident with a Blue Team entry prior to the end of their shift, unless otherwise directed.
312.7.1 DESTRUCTION OF ANIMALS
Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective.

In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, conducted energy device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed, becomes impractical, or if the animal reasonably appears to pose an imminent threat to human safety. 312.7.2 INJURED ANIMALS
With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical.

Stray or abandoned injured animals that may be moved or taken to an available veterinarian should not be euthanized. With supervisor approval, abandoned injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable search to locate the owner has been made. Injured dogs and cats found without their owners shall be taken to an appropriate veterinarian for determination of whether they should be treated or humanely destroyed (Penal Code § 597.1).
312.7.3 WARNING AND OTHER SHOTS
Generally, shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective, and reasonably safe.

Warning shots
should shall not be used.
312.8 RANGEMASTER DUTIES
The range will be under the exclusive control of the Rangemaster. All members attending will follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members Exhibit 1

Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 8 attending the range and will submit the roster to the Training Sergeant after each range date.

Failure of any member to sign in and out with the Rangemaster may result in non-qualification.

The range shall remain operational and accessible to Department members during hours established by the Department. The ONLY ammunition authorized in the Alameda Police Department indoor range will be lead free, non-toxic based ammunition and must be approved by the Rangemaster and the Personnel and Training Sergeant. All duty ammunition and practice ammunition that is lead based must be stored in a locked and secured location within the Police Administration Building (PAB). This designated location within the PAB will be determined by the Services Bureau Captain, the Rangemaster, and the Personnel and Training Sergeant.

The Rangemaster has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this department to verify proper operation. The Rangemaster has the authority to deem any personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm and it will not be returned to service until inspected by the Rangemaster.

The Rangemaster has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry.

The Rangemaster shall complete and submit to the Training Sergeant documentation of the training courses provided. Documentation shall include the qualifications of each instructor who provides the training, a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training. The Rangemaster should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Sergeant.
312.8.1 ASSISTANT RANGEMASTER
The Assistant Rangemaster will fall under direct supervision of the Rangemaster and will assist the Rangemaster with his/her primary responsibilities.

In the absence of the Rangemaster, the Assistant Rangemaster will become the designated Rangemaster.
312.8.2 FIREARMS INSTRUCTOR
Firearms Instructors will fall under the direct supervision of the Rangemaster. They are responsible for conducting quarterly qualifications, preparing training outlines, performing weapon maintenance, maintaining department owned weaponry, conducting ammunition/weaponry inventories, conducting range maintenance, conducting weapon inspections, and any other assignment/responsibility delegated by the Rangemaster or Assistant Rangemaster.

Firearm Instructors will report directly to the Rangemaster or the Assistant Rangemaster in his/ her absence.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 9 312.9 FLYING WHILE ARMED
The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to Officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219):
(a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the department based on the law and published TSA rules. (b) Officers must carry their Alameda Police Department identification card, bearing the officer's name, a full-face photograph, identification number, the officer's signature and the signature of the Chief of Police or the official seal of the department and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver license, passport).
(c) The Alameda Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer's travel. If approved, TSA will send the Alameda Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d) An official letter signed by the Chief of Police authorizing armed travel may also accompany the officer. The letter should outline the officer's need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSA training for a law enforcement officer flying while armed. (e) Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department-appointed instructor.
(f) It is the officer's responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check-in at the carrier's check-in counter.
(g) Any officer flying while armed should discreetly contact the flight crew prior to take-off and notify them of his/her assigned seat.
(h) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times.

Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment.
(i) Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier.
(j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Firearms
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Firearms - 10 312.10 CARRYING FIREARMS OUT OF STATE
Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B):
(a) The officer shall carry his/her Alameda Police Department identification card whenever carrying such firearm.
(b) The officer is not the subject of any current disciplinary action. (c) The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug.
(d) The officer will remain subject to this and all other department policies (including qualifying and training).

Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas.

Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B.
312.11 FIREARM SECURITY IN VEHICLES
Members are responsible for knowing the location of firearm(s) under their care and control; and ensuring those firearm(s) are secure at all times, whether on or off duty.

When members are in public and in possession of a firearm, they should maintain the firearm secured on their person at all times.

However, should it become necessary to secure a firearm inside an unatteneded vehicle (excludes shotguns/patrol rifles already secured), a member shall adhere to the following guidelines:
* Members shall not secure firearms in the glove box or other similar storage compartment within any vehicle.
* If a member is faced with a situation that requires a firearm be stored in an unattended vehicle for a short period of time, the firearm shall be secured inside the locked trunk of the vehicle. The firearm is to be placed in the trunk out of public view. * If the vehicle design does not include a trunk (truck, SUV, etc.), the firearm shall be secured in a locked metal container affixed to the vehicle in a location within the passenger compartment not visible from the exterior of the vehicle. The firearm is to be placed in the locked metal container out of public view.

If a member is unable to secure a firearm in a vehicle as described above, the member shall not leave a firearm in an unattended vehicle.

Under no circumstances shall any firearm be left unattended in a vehicle overnight.

Exhibit 1

Policy
320
Alameda Police Department
Alameda Police Department Policy Manual
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Published with permission by Alameda Police Department ***DRAFT*** Domestic Violence - 1 Domestic Violence
320.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of this department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence.
320.1.1 DEFINITIONS
Definitions related to this policy include:

Court order - All forms of orders related to domestic violence that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. 320.2 POLICY
The Alameda Police Department’s response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this department to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources whenever feasible.
320.3 OFFICER SAFETY
The investigation of domestic violence cases often places officers in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved.
320.4 INVESTIGATIONS
The following guidelines should be followed by officers when investigating domestic violence cases:
(a) Calls of reported, threatened, imminent, or ongoing domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 9-1-1 calls. (b) When practicable, officers should obtain and document statements from the victim, the suspect, and any witnesses, including children, in or around the household or location of occurrence.

1. A lethality assessment should be administered to victims of domestic violence to assess the level of danger and/or the severity of the situation and attached to the appropriate report.
(c) Officers should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other Exhibit 1

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Published with permission by Alameda Police Department ***DRAFT*** Domestic Violence - 2 children who may not have been in the house at that particular time should also be obtained for follow-up.
(d) When practicable and legally permitted, video or audio record all significant statements and observations.
(e) All injuries should be photographed, regardless of severity, taking care to preserve the victim’s victim's personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Investigations in the event that the injuries later become visible.
(f) Officers should request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. (g) If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement, and make an arrest or seek an arrest warrant if appropriate. (h) Seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. If the domestic violence involved threats of bodily harm, any firearm discovered in plain view or pursuant to consent or other lawful search must be taken into temporary custody (Penal Code § 18250). (i) When completing an incident or arrest report for violation of a court order, officers should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order, and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting officer should attach a copy of the order to the incident or arrest report.
(j) Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include:

1. Whether the suspect lives on the premises with the victim.

2. Claims by the suspect that the victim provoked or perpetuated the violence.

3. The potential financial or child custody consequences of arrest.

4. The physical or emotional state of either party.

5. Use of drugs or alcohol by either party.

6. Denial that the abuse occurred where evidence indicates otherwise.

7. A request by the victim not to arrest the suspect.

8. Location of the incident (public/private).

9. Speculation that the complainant may not follow through with the prosecution.

10. Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or marital status of the victim or suspect.

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Alameda Police Department
Alameda Police Department Policy Manual
Domestic Violence
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Published with permission by Alameda Police Department ***DRAFT*** Domestic Violence - 3

11. The social status, community status, or professional position of the victim or suspect.
320.4.1 IF A SUSPECT IS ARRESTED
If a suspect is arrested, officers should:
(a) Advise the victim that there is no guarantee the suspect will remain in custody. (b) Provide the victim’s contact information to the jail staff to enable notification of the victim upon the suspect’s release from jail.
(c) Advise the victim whether any type of court order will be in effect when the suspect is released from jail.
320.4.2 IF NO ARREST IS MADE
If no arrest is made, the officer should:
(a) Advise the parties of any options, including but not limited to:

1. Voluntary separation of the parties.

2. Appropriate resource referrals (e.g., counselors, friends, relatives, shelter homes, victim witness unit).
(b) Document the resolution in a report.
320.4.3 ARRESTING [OFFICERS_DEPUTIES]' RESPONSIBILITIES REGARDING

FIREARMS
If a suspect is arrested, officers shall (Penal Code § 273.76):
(a) Query the Automated Firearms System through the California Law Enforcement Telecommunications System (CLETS) for any firearms owned or possessed by the arrestee.

1. The investigating or filing officer shall include a copy of the Automated Firearms System report when filing the case with the district attorney or prosecuting city attorney.
(b) Ask the arrestee, victim, and any other household members, if applicable, about any firearms owned or possessed by the arrestee.
(c) Ensure that any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search is taken into temporary custody pursuant to Penal Code § 18250.
(d) Document in the arrest report the detailed actions taken required by Penal Code § 273.76.
320.5 VICTIM ASSISTANCE
Because victims may be traumatized or confused, officers should be aware that a victim's behavior and actions may be affected:
(a) Victims should be provided with the department's domestic violence information handout, even if the incident may not rise to the level of a crime.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Domestic Violence
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Published with permission by Alameda Police Department ***DRAFT*** Domestic Violence - 4 (b) Victims should also be alerted to any available victim advocates, shelters, and community resources.
(c) When an involved person requests law enforcement assistance while removing essential items of personal property, officers should stand by for a reasonable amount of time.
(d) If the victim has sustained injury or complaints of pain, officers should seek medical assistance as soon as practicable.
(e) Officers should ask the victim whether the victim has a safe place to stay and assist in arranging transportation to an alternate shelter if the victim expresses a concern for the victim's safety or if the officer determines that a need exists. (f) Officers should make reasonable efforts to ensure that children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. (g) If appropriate, officers should seek or assist the victim in obtaining an emergency order if appropriate.

An officer shall advise an individual protected by a Canadian domestic violence protection order of available local victim services (Family Code § 6452). 320.6 DISPATCH ASSISTANCE
All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as practicable.

Dispatchers are not required to verify the validity of a court order before responding to a request for assistance. Officers should request that dispatchers check whether any of the involved persons are subject to the terms of a court order.
320.7 FOREIGN COURT ORDERS
Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe, or territory shall be enforced by officers as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court or foreign order shall be enforced, regardless of whether the order has been properly registered with this state (Family Code § 6403).

Canadian domestic violence protection orders shall also be enforced in the same manner as if issued in this state (Family Code § 6452).
320.8 VERIFICATION OF COURT ORDERS
Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and where appropriate and practicable:

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Domestic Violence - 5 (a) Ask the subject of the order about his/her notice or receipt of the order, his/her knowledge of its terms and efforts to respond to the order.

1. If a determination is made that a valid foreign order cannot be enforced because the subject has not been notified or served the order, the officer shall inform the subject of the order, make a reasonable effort to serve the order upon the subject, and allow the subject a reasonable opportunity to comply with the order before enforcing the order. Verbal notice of the terms of the order is sufficient notice (Family Code § 6403).
(b) Check available records or databases that may show the status or conditions of the order.

1. Registration or filing of an order in California is not required for the enforcement of a valid foreign order (Family Code § 6403).
(c) Contact the issuing court to verify the validity of the order. (d) Contact a law enforcement official from the jurisdiction where the order was issued to verify information.

Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed.
320.9 STANDARDS FOR ARRESTS
Officers investigating a domestic violence report should consider the following:
(a) An arrest should be made when there is probable cause to believe that a felony or misdemeanor domestic violence offense has been committed (Penal Code § 13701).

Any decision to not arrest an adult when there is probable cause to do so requires supervisor approval.

1. Officers are only authorized to make an arrest without a warrant for a misdemeanor domestic violence offense if the officer makes the arrest as soon as probable cause arises (Penal Code § 836).
(b) An officer responding to a domestic violence call who cannot make an arrest will advise the victim of the victim's right to make a private person's arrest. The advisement should be made out of the presence of the suspect and shall include advising the victim how to safely execute the arrest. Officers shall not dissuade victims from making a lawful private person's arrest. Officers should refer to the provisions in the Private Persons Arrests Policy for options regarding the disposition of private person's arrests (Penal Code § 836(b)).
(c) Officers shall not cite and release a person for the following offenses (Penal Code § 853.6(a)(3)):

1. Penal Code § 243(e)(1) (battery against spouse, cohabitant)

2. Penal Code § 273.5 (corporal injury on spouse, cohabitant, fiancé/fiancée, person of a previous dating or engagement relationship, mother/father of the offender's child)
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Domestic Violence - 6

3. Penal Code § 273.6 (violation of protective order) if violence or threats of violence have occurred or the suspect has gone to the workplace or residence of the protected party

4. Penal Code § 646.9 (stalking)

5. Other serious or violent felonies specified in Penal Code § 1270.1 (d) In responding to domestic violence incidents, including mutual protective order violations, officers should generally be reluctant to make dual arrests. Officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person who has been determined to be the most significant, rather than the first, aggressor (Penal Code § 13701). In identifying the dominant aggressor, an officer shall consider:

1. The intent of the law to protect victims of domestic violence from continuing abuse.

2. The threats creating fear of physical injury.

3. The history of domestic violence between the persons involved.

4. Whether either person acted in self-defense.
(e) An arrest shall be made when there is probable cause to believe that a violation of a domestic violence court order has been committed (Penal Code § 13701; Penal Code § 836), regardless of whether the offense was committed in the officer's presence.

After arrest, the officer shall confirm that a copy of the order has been registered, unless the victim provides a copy (Penal Code § 836).
320.10 REPORTS AND RECORDS
(a) A written report shall be completed on all incidents of domestic violence. All such reports should be documented on the appropriate form, which includes information and notations specific to domestic violence incidents as required by Penal Code § 13730.
(b) Reporting officers should provide the victim with the case number of the report. The case number may be placed in the space provided on the domestic violence victim information handout provided to the victim. If the case number is not immediately available, an explanation should be given regarding how the victim can obtain the information at a later time.
(c) Officers who seize any firearm, ammunition, or other deadly weapon in a domestic violence incident shall issue the individual possessing such weapon a receipt that includes the name and residential mailing address of the owner or person who possessed the weapon and notice of where the weapon may be recovered, along with the applicable time limit for recovery (Penal Code § 18250; Penal Code § 18255; Penal Code § 33800; Family Code § 6389(c)).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Domestic Violence - 7 320.11 RECORD-KEEPING AND DATA COLLECTION
This department shall maintain records of court orders related to domestic violence and the service status of each (Penal Code § 13710), as well as records on the number of domestic violence related calls reported to the Alameda Police Department, including whether weapons were used in the incident or whether the incident involved strangulation or suffocation (Penal Code § 13730).

This information is to be reported to the Attorney General monthly. It shall be the responsibility of the Records Supervisor to maintain and report this information as required. 320.12 SERVICE OF COURT ORDERS
(a) An officer who obtains an emergency protective order from the court shall serve it on the restrained person if the person can be reasonably located and shall provide the person protected or the person's parent/guardian with a copy of the order. The officer shall file a copy with the court as soon as practicable and shall have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice (Family Code § 6271; Penal Code § 646.91). (b) A temporary restraining order, emergency protective order, or an order issued after a hearing shall, at the request of the petitioner, be served on the restrained person by an officer who is present at the scene of a reported domestic violence incident or when the officer receives a request from the petitioner to provide service of the order (Family Code § 6383; Penal Code § 13710).
(c) Any officer serving a protective order that indicates that the respondent possesses weapons or ammunition shall request that the firearm/ammunition be immediately surrendered (Family Code § 6389(c)).
(d) During the service of a protective order any firearm discovered in plain view or pursuant to consent or other lawful search shall be taken into temporary custody (Penal Code § 18250).

1. An officer should ensure that the Communication Center is notified of any firearm obtained for entry into the Automated Firearms System (Family Code § 6383) (see the Records Division Policy for additional guidance). (e) If a valid Canadian order cannot be enforced because the person subject to the order has not been notified or served with the order, the officer shall notify the protected individual that reasonable efforts shall be made to contact the person subject to the order. The officer shall make a reasonable effort to inform the person subject to the order of the existence and terms of the order and provide the person with a record of the order, if available, and shall allow the person a reasonable opportunity to comply with the order before taking enforcement action (Family Code § 6452). 320.13 PUBLIC ACCESS TO POLICY
A copy of this domestic violence policy will be provided to members of the public upon request (Penal Code § 13701).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Domestic Violence - 8 320.14 DECLARATION IN SUPPORT OF BAIL INCREASE
Any officer who makes a warrantless arrest for a felony or misdemeanor violation of a domestic violence restraining order shall evaluate the totality of the circumstances to determine whether reasonable cause exists to seek an increased bail amount. If there is reasonable cause to believe that the scheduled bail amount is insufficient to assure the arrestee's appearance or to protect the victim or family member of a victim, the officer shall prepare a declaration in support of increased bail (Penal Code § 1269c).
320.15 DOMESTIC VIOLENCE DEATH REVIEW TEAM
This department should cooperate with any interagency domestic violence death review team investigation. Written and oral information relating to a domestic violence death that would otherwise be subject to release restrictions may be disclosed to the domestic violence death review team upon written request and approval of a supervisor (Penal Code § 11163.3).

Exhibit 1

Policy
324
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 1 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 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 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 rail.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 2 (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).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 3 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 themself, or any unusual behavior which may indicate the juvenile may harm 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 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 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 Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 4 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 juvenile 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 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 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).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 5 324.5 ADVISEMENTS
Officers shall take immediate steps to notify the 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)
Anytime a juvenile offender is placed in secure custody, 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 their parent or guardian; one to a responsible relative or 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.
(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).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 6 (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. 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) Personal 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).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 7 (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).
(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.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 8 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.
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 themselves or others. Factors to be considered when determining if the juvenile offender presents a serious security risk to 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 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 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.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 9 (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).
(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 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) 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 (BSCC)
within the same time frame
(15 CCR 1046).
(h) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR 1046.

1. A copy of the review report shall be provided to BSCC within 60 days of the death (15 CCR 1046).
(i) Evidence preservation.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 10 324.12.1 IN-CUSTODY DEATH PUBLICATION
The Chief of Police or the authorized designee should ensure that specified information relating to an in-custody death of a juvenile is posted on the department website as prescribed and within the time frames provided in Penal Code § 10008.
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, or by video conference. The consultation may not be waived by the juvenile (Welfare and Institutions Code § 625.6).

Threats, physical harm, deception, or psychologically manipulative interrogation tactics shall not be used by an officer during a custodial interrogation of a juvenile (Welfare and Institutions Code § 625.7).

The requirements to consult with legal counsel or to refrain from the use of prohibited interrogation techniques do not apply when (Welfare and Institutions Code § 625.6; Welfare and Institutions Code § 625.7):
(a) Information is necessary to protect life or property from an imminent threat.

1. 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 Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 11 custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder. (e) The 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). 324.14 FORMAL BOOKING
No juvenile offender shall be formally booked without the authorization of the arresting officer's supervisor, or in 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.

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.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Temporary Custody of Juveniles
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Temporary Custody of Juveniles - 12 324.16 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.

Exhibit 1

Policy
326
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 1 Senior and Disability Victimization
326.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation and reporting of suspected abuse of certain adults who may be more vulnerable than others. This policy also addresses mandatory notification for Alameda Police Department members as required by law (Penal Code § 368.6).

The Alameda Police Department is committed to providing equal protection and demonstrating respect for all persons regardless of age or disabilities, and to conscientiously enforcing all criminal laws protecting elders, and adults and children with disabilities, regardless of whether these crimes also carry civil penalties (Penal Code § 368.6) (see Child Abuse Policy for child abuse investigations and reporting).
326.1.1 DEFINITIONS
Definitions related to this policy include:

Abuse of an elder (age 65 or older) or dependent adult - Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect includes self-neglect (Welfare and Institutions Code § 15610.05 et seq.; Penal Code § 368.5).

Alameda Police Department protocols (or protocols) - A procedure adopted by a local law enforcement agency consistent with the agency’s
agency's organizational structure and stated
in a policy adopted pursuant to this section, to effectively and accountably carry out a particular agency responsibility.

Dependent adult
- An individual, regardless of whether the individual lives independently, between 18 and 64 years of age who has physical or mental limitations that restrict his/her their ability to carry out normal activities or to protect his/her their rights, including but not limited to persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. This also includes those admitted as inpatients to a 24-hour health facility, as defined in state law (Penal Code § 368; Welfare and Institutions Code § 15610.23).

Elder and dependent adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult’s adult's care,
or any other act that would mandate reporting or notification to a social service agency or law enforcement (Penal Code § 368).

Senior and disability victimization
- Means any of the following (Penal Code § 368.6):
(a) Elder and dependent adult abuse
(b) Unlawful interference with a mandated report
(c) Homicide of an elder, dependent adult, or other adult or child with a disability Exhibit 1

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Senior and Disability Victimization
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Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 2 (d) Sex crimes against elders, dependent adults, or other adults and children with disabilities
(e) Child abuse of children with disabilities
(f) Violation of relevant protective orders
(g) Hate crimes against persons with actual or perceived disabilities, including but not limited to disabilities caused by advanced age, or those associated with them (h) Domestic violence against elders, dependent adults, and adults and children with disabilities, including disabilities caused by advanced age 326.2 POLICY
The Alameda Police Department will investigate all reported incidents of alleged elder and dependent adult abuse and ensure proper reporting and notification as required by law. 326.2.1 ARREST POLICY
It is the department policy to make arrests or to seek arrest warrants for elder and dependent adult abuse in accordance with Penal Code § 836 and, in the case of domestic violence, as allowed by Penal Code § 13701 (Penal Code § 368.6) (see Law Enforcement Authority and Domestic Violence policies for additional guidance).
326.2.2 ADHERENCE TO POLICY
All officers are required to be familiar with the policy and carry out the policy at all times, except in the case of an unusual compelling circumstance as determined and approved by a supervisor (Penal Code § 368.6).

Any supervisor who determines and approves an officer’s deviation from this policy shall provide a written report to the Chief of Police that states the unusual compelling circumstances regarding the deviation. A copy of this report will be made available to the alleged victim and reporting party pursuant to department protocols (Penal Code § 368.6(c)(27)).

The Chief of Police shall retain the report for a minimum of five years and shall make it available to the state protection and advocacy agency upon request (Penal Code § 368.6(c)(27)). 326.3 INVESTIGATIONS AND REPORTING
All reported or suspected cases of elder and dependent adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated (Penal Code § 368.6).

Investigations and reports related to suspected cases of elder and dependent adult abuse should address, as applicable:
(a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected elder and dependent adult abuse victim is contacted.
(b) Any relevant statements the victim may have made and to whom he/she made the statements.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 3 (c) If a person is taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (d) Documentation of any visible injuries or any injuries identified by the victim. This should include photographs of such injuries, if practicable.
(e) Whether the victim was transported for medical treatment or a medical examination. (f) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other potential victims or witnesses who may reside in the residence.
(g) Identification of any prior related reports or allegations of abuse, including other jurisdictions, as reasonably known.
(h) Previous addresses of the victim and suspect.
(i) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment.
(j) Witness and suspect statements if available.
(k) Review of all portable audio/video recorders, devices, and other available video. (l) Call history related to the elder or dependent adult including calls from mandated reporters or other individuals.
(m) Whether the abuse is related to a disability-bias hate crime and related bias motivations (Penal Code § 368.6) (see the Hate Crimes Policy for additional guidance). (n) Results of investigations shall be provided to those agencies (Adult Protective Services (APS), long-term ombudsman) that referred or reported the elder or dependent adult abuse (Welfare and Institutions Code § 15640(f)). (o) Whether a death involved the End of Life Option Act:

1. Whether or not assistance was provided to the person beyond that allowed by law (Health and Safety Code § 443.14).

2. Whether an individual knowingly altered or forged a request for an aid-in- dying drug to end a person’s life without his/her authorization, or concealed or destroyed a withdrawal or rescission of a request for an aid-in-dying drug (Health and Safety Code § 443.17).

3. Whether coercion or undue influence was exerted on the person to request or ingest an aid-in-dying drug or to destroy a withdrawal or rescission of a request for such medication (Health and Safety Code § 443.17).

4. Whether an aid-in-dying drug was administered to a person without his/her knowledge or consent (Health and Safety Code § 443.17).

Any unexplained death of an adult who was in the care of a guardian or caretaker should be considered as potential elder or dependent adult abuse and investigated similarly.

An unexplained or suspicious death of an elder, dependent adult, or other adult or child with a disability should be treated as a potential homicide until a complete investigation including an Exhibit 1

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Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 4 autopsy is completed, and it should not be assumed that the death of an elder or person with a disability is natural simply because of the age or disability of the deceased (Penal Code § 368.6(c) (18)).
326.3.1 ADDITIONAL INVESTIGATIVE CONSIDERATIONS
The following factors as provided in Penal Code § 368.6 should be considered when investigating incidents of elder and dependent adult abuse:
(a) Elder and dependent adult abuse, sex crimes, child abuse, domestic violence, and any other criminal act, when committed in whole or in part because of the victim’s actual or perceived disability, including disability caused by advanced age, is also a hate crime (Penal Code § 368.6) (see the Hate Crimes Policy for additional guidance). (b) Senior and disability victimization crimes are also domestic violence subject to the mandatory arrest requirements of Penal Code § 836 if they meet the elements described in Penal Code § 273.5, including but not limited to a violation by a caretaker or other person who is or was a cohabitant of the victim, regardless of whether the cohabitant is or was a relative of, or in an intimate personal relationship with, the victim (Penal Code § 368.6(c)(10)).
(c) Many victims of sexual assault and other sex crimes delay disclosing the crimes for reasons including but not limited to shame, embarrassment, self-doubt, fear of being disbelieved, and fear of retaliation by the perpetrator or others (Penal Code § 368.6(c) (11)).
(d) Victims and witnesses with disabilities, including cognitive and communication disabilities, can be highly credible witnesses when interviewed appropriately by trained officers or other trained persons (Penal Code § 368.6(c)(14)). 326.4 QUALIFIED INVESTIGATORS
Qualified investigators should be available to investigate cases of elder and dependent adult abuse. These investigators should:
(a) Conduct interviews in appropriate interview facilities. (b) Be familiar with forensic interview techniques specific to elder and dependent adult abuse investigations.
(c) Present all cases of alleged elder and dependent adult abuse to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies, and facility administrators as needed (Welfare and Institutions Code § 15650). (e) Provide referrals to therapy services, victim advocates, guardians, and support for the victim and family as appropriate (see the Victim and Witness Assistance Policy for additional guidance).

1. Ensure victims of sex crimes know their right to have a support person of their choice present at all times during an interview or contact (Penal Code § 368.6) (see the Sexual Assault Investigations Policy for additional guidance).

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Alameda Police Department Policy Manual
Senior and Disability Victimization
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Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 5

2. Referrals to the crime victim liaison as appropriate for victims requiring further assistance or information regarding benefits from crime victim resources. (f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 15610.55).
(g) Make reasonable efforts to determine whether any person committed unlawful interference in a mandated report.
326.5 MANDATORY NOTIFICATION
Members of the Alameda Police Department shall notify the local office of the California Department of Social Services (CDSS) APS agency of known, suspected, or alleged instances of abuse when they reasonably suspect, have observed, or have knowledge of an incident that reasonably appears to be abuse of an elder or dependent adult, or are told by an elder or dependent adult that the person has experienced abuse (Welfare and Institutions Code § 15630(b)).

Notification shall be made by telephone or through a confidential internet reporting tool as soon as practicable. If notification is made by telephone, a written report shall be sent or internet report shall be made through the confidential internet reporting tool within two working days, as provided in Welfare and Institutions Code § 15630(b).

Notification shall also be made to the following agencies as soon as practicable or as provided below (Welfare and Institutions Code § 15630):
(a) If the abuse occurred in a long-term care facility (not a state mental health hospital or a state developmental center), notification shall be made as follows (Welfare and Institutions Code § 15630(b)(1)):

1. If there is serious bodily injury, notification shall be made by telephone and, within two hours, a written report shall be made to the local ombudsman and the corresponding licensing agency.

2. If the abuse is allegedly caused by a resident with dementia and there is no serious bodily injury, notification shall be made by a written report to the local ombudsman within 24 hours.

3. If there is any other abuse in a long-term care facility (not a state mental health or a state developmental center), a written report shall be made to the local ombudsman and corresponding state licensing agency within 24 hours. (b) The California Department of Public Health (DPH) shall be notified of all known or suspected abuse in a long-term care facility.
(c) The CDSS shall be notified of all known or suspected abuse occurring in a residential care facility for the elderly or in an adult day program. (d) If the abuse occurred in an adult day health care center, DPH and the California Department of Aging shall be notified.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 6 (e) The Division of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that constitutes criminal activity in a long-term care facility. (f) The District Attorney's office shall be notified of all cases of physical abuse and financial abuse in a long-term care facility.
(g) If the abuse occurred at a state mental hospital or a state developmental center, notification shall be made to the designated investigators of the California Department of State Hospitals or the California Department of Developmental Services as soon as practicable but no later than two hours after law enforcement becomes aware of the abuse (Welfare and Institutions Code § 15630(b)).

1. When a report of abuse is received by the Alameda Police Department, investigation efforts shall be coordinated with the designated investigators of the California Department of State Hospitals or the California Department of Developmental Services (Welfare and Institutions Code § 15630(b)). (h) If during an investigation it is determined that the elder or dependent adult abuse is being committed by a licensed health practitioner as identified in Welfare and Institutions Code § 15640(b), the appropriate licensing agency shall be immediately notified (Welfare and Institutions Code 15640(b)).
(i) When the Alameda Police Department receives a report of abuse, neglect, or abandonment of an elder or dependent adult alleged to have occurred in a long-term care facility, the licensing agency shall be notified by telephone as soon as practicable (Welfare and Institutions Code § 15640(e)).

The Investigations supervisor is responsible for ensuring that proper notifications have occurred to the District Attorney's Office and any other regulatory agency that may be applicable based upon where the abuse took place (e.g., care facility, hospital) per Welfare and Institutions Code § 15630(b).

Notification is not required for a person who was merely present when a person self-administered a prescribed aid-in-dying drug or a person prepared an aid-in-dying drug so long as the person did not assist the individual in ingesting the aid-in-dying drug (Health and Safety Code § 443.14; Health and Safety Code § 443.18).

Failure to report or impeding or inhibiting a report of abuse of an elder or dependent adult is a misdemeanor (Welfare and Institutions Code §15630(h)).
326.5.1 NOTIFICATION PROCEDURE
Notification should include the following information, if known (Welfare and Institutions Code § 15630(e)):
(a) The name of the person making the report.
(b) The name and age of the elder or dependent adult.
(c) The present location of the elder or dependent adult. (d) The names and addresses of family members or any other adult responsible for the care of the elder or dependent adult.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 7 (e) The nature and extent of the condition of the elder or dependent adult. (f) The date of incident.
(g) Any other information, including information that led the person to suspect elder or dependent adult abuse.
326.6 PROTECTIVE CUSTODY
Before taking an elder or dependent adult abuse victim into protective custody when facts indicate the adult may not be able to care for him/herself, the officer should make reasonable attempts to contact APS. Generally, removal of an adult abuse victim from his/her family, guardian, or other responsible adult should be left to the welfare authorities when they are present or have become involved in an investigation.

Generally, members of this department should remove an elder or dependent adult abuse victim from his/her family or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the victim.

Prior to taking an elder or dependent adult abuse victim into protective custody, the officer should take reasonable steps to deliver the adult to another qualified legal guardian, unless it reasonably appears that the release would endanger the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the adult is delivered to APS.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking an elder or dependent adult abuse victim into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking the adult into protective custody.

When elder or dependent adult abuse victims are under state control, have a state-appointed guardian, or there are other legal holdings for guardianship, it may be necessary or reasonable to seek a court order on behalf of the adult victim to either remove the adult from a dangerous environment (protective custody) or restrain a person from contact with the adult. 326.6.1 EMERGENCY PROTECTIVE ORDERS
In any situation which an officer reasonably believes that an elder or dependent adult is in immediate and present danger of abuse based on an allegation of a recent incident of abuse or threat of abuse (other than financial abuse alone), the officer may seek an emergency protective order against the person alleged to have committed or threatened such abuse (Family Code § 6250(d)).
326.6.2 VERIFICATION OF PROTECTIVE ORDER
Whenever an officer verifies that a relevant protective order has been issued, the officer shall make reasonable efforts to determine if the order prohibits the person from possession of firearms or requires the relinquishment of firearms, and if the order does so, the officer shall make reasonable efforts to (Penal Code § 368.6(c)(19)):
(a) Inquire whether the restrained person possesses firearms. The officer should make this effort by asking the restrained person and the protected person.

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Alameda Police Department
Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 8 (b) Query the California Law Enforcement Telecommunications System to determine if any firearms are registered to the restrained person.
(c) Receive or seize prohibited firearms located in plain view or pursuant to a consensual or other lawful search in compliance with Penal Code § 18250 et seq. and in accordance with department procedures.
326.7 INTERVIEWS
326.7.1 PRELIMINARY INTERVIEWS
Absent extenuating circumstances or impracticality, officers should audio record the preliminary interview with a suspected elder or dependent adult abuse victim. Officers should avoid multiple interviews with the victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available.
326.7.2 DETAINING VICTIMS FOR INTERVIEWS
An officer should not detain an adult involuntarily who is suspected of being a victim of abuse solely for the purpose of an interview or physical exam without his/her consent or the consent of a guardian unless one of the following applies:
(a) Exigent circumstances exist, such as:

1. A reasonable belief that medical issues of the adult need to be addressed immediately.

2. A reasonable belief that the adult is or will be in danger of harm if the interview or physical exam is not immediately completed.

3. The alleged offender is a family member or guardian and there is reason to believe the adult may be in continued danger.
(b) A court order or warrant has been issued.
326.7.3 INTERVIEWS WITH A PERSON WITH DEAFNESS OR HEARING LOSS An officer who is interviewing a victim or witness who reports or demonstrates deafness or hearing loss should secure the services of a qualified interpreter (as defined by Evidence Code § 754) prior to the start of the interview (Penal Code § 368.6) (see the Communications with Persons with Disabilities Policy for additional guidance).
326.8 MEDICAL EXAMINATIONS
When an elder or dependent adult abuse investigation requires a medical examination, the investigating officer should obtain consent for such examination from the victim, guardian, agency, or entity having legal custody of the adult. The officer should also arrange for the adult’s transportation to the appropriate medical facility.

In cases where the alleged offender is a family member, guardian, agency, or entity having legal custody and is refusing to give consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide Exhibit 1

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Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 9 for officers to take the adult for a medical examination, the supervisor should consider other government agencies or services that may obtain a court order for such an examination. 326.9 DRUG-ENDANGERED VICTIMS
A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of an elder or dependent adult abuse victim who has been exposed to the manufacturing, trafficking, or use of narcotics. 326.9.1 OFFICER RESPONSIBILITIES
Officers responding to a drug lab or other narcotics crime scene where an elder or dependent adult abuse victim is present or where there is evidence that an elder or dependent adult abuse victim lives should:
(a) Document the environmental, medical, social, and other conditions of the adult, using photography as appropriate and the checklist or form developed for this purpose. (b) Notify the Investigations supervisor so an interagency response can begin. 326.9.2 SUPERVISOR RESPONSIBILITIES
The Investigations supervisor should:
(a) Work with professionals from the appropriate agencies, including APS, other law enforcement agencies, medical service providers, and local prosecutors, to develop community specific procedures for responding to situations where there are elder or dependent adult abuse victims endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs.
(b) Activate any available interagency response when an officer notifies the Investigations supervisor that he/she has responded to a drug lab or other narcotics crime scene where an elder or dependent adult abuse victim is present or where evidence indicates that an elder or dependent adult abuse victim lives.
(c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social, and other conditions that may affect the adult. 326.10 TRAINING
The Alameda Police Department should provide training on best practices in elder and dependent adult abuse investigations to members tasked with investigating these cases. The training should include:
(a) Participating in multidisciplinary investigations, as appropriate. (b) Conducting interviews.
(c) Availability of therapy services for adults and families. (d) Availability of specialized forensic medical exams. (e) Cultural competence (including interpretive services) related to elder and dependent adult abuse investigations.

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Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 10 (f) Availability of victim advocates or other support.
326.10.1 MANDATORY TRAINING
The Training Sergeant shall ensure that appropriate personnel receive the required training, including:
(a) Materials from POST as described in Penal Code § 368.6(c)(5)(A). (b) Advanced training on senior and disability victimization available from POST, the United States Department of Justice, the Disability and Abuse Project of the Spectrum Institute, or other sources as provided by Penal Code § 368.6(c)(16)(A).

1. Training should include the following:
(a) Information on the wide prevalence of elder and dependent adult abuse, sexual assault, other sex crimes, hate crimes, domestic violence, human trafficking, and homicide against adults and children with disabilities, including disabilities caused by advanced age, and including those crimes often committed by caretakers (Penal Code § 368.6(c)(1)). (b) Information on the history of elder and dependent adult abuse and crimes against individuals with disabilities (see the POST Senior and Disability Victimization Policy Guidelines).

The Training Sergeant shall also ensure that appropriate training is provided on this policy to dispatchers, community services officers, front desk personnel, and other civilian personnel who interact with the public (Penal Code § 368.6 (c)(7)).
326.11 RECORDS BUREAU RESPONSIBILITIES
The Records Division is responsible for:
(a) Providing a copy of the elder or dependent adult abuse report to the APS, ombudsman, or other agency as applicable within two working days or as required by law (Welfare and Institutions Code § 15630; Welfare and Institutions Code § 15640(c)). (b) Retaining the original elder or dependent adult abuse report with the initial case file. 326.12 JURISDICTION
The Alameda Police Department has concurrent jurisdiction with state law enforcement agencies when investigating elder and dependent adult abuse and all other crimes against elder victims and victims with disabilities (Penal Code § 368.5).

Adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect and may assist in criminal investigations upon request, if consistent with federal law, in such cases. However, this department will retain responsibility for the criminal investigations (Penal Code § 368.5).

Additional jurisdiction responsibilities for investigations of abuse involving various facilities and agencies may be found in Welfare and Institutions Code § 15650.

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Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 11 326.13 RELEVANT STATUTES
Penal Code § 288 (a) and Penal Code § 288 (b)(2)
(a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1 (Of Crimes and Punishments of the Penal Code) upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (b)(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.

Penal Code § 368 (c)
A person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which
his or her their person or health may be endangered, is guilty of a misdemeanor.

Penal Code § 368 (f)
A person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

Protections provided by the above Penal Code § 288 and Penal Code § 368 protect many persons with disabilities regardless of the fact they live independently.

Welfare and Institutions Code § 15610.05
"Abandonment" means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.

Welfare and Institutions Code § 15610.06
"Abduction" means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court.

Welfare and Institutions Code § 15610.30
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Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 12 (a) "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:

1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

3. Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70. (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.
(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.
(d) For purposes of this section, "representative" means a person or entity that is either of the following:

1. A conservator, trustee, or other representative of the estate of an elder or dependent adult.

2. An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

Welfare and Institutions Code § 15610.43
(a) "Isolation" means any of the following:

1. Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls.

2. Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons.

3. False imprisonment, as defined in Section 236 of the Penal Code.

4. Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 13 (b) The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not constitute isolation if they are performed pursuant to the instructions of a physician and surgeon licensed to practice. medicine in the state, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his or her medical care.
(c) The acts set forth in subdivision (a) shall not constitute isolation if they are performed in response to a reasonably perceived threat of danger to property or physical safe.

Welfare and Institutions Code § 15610.57
(a) "Neglect" means either of the following:

1. The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

2. The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise. (b) Neglect includes, but is not limited to, all of the following:

1. Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.

2. Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.

3. Failure to protect from health and safety hazards.

4. Failure to prevent malnutrition or dehydration.

5. Substantial inability or failure of an elder or dependent adult to manage personal finances.

6. Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health. (c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), inclusive, of subdivision (b).

Welfare and Institutions Code § 15610.63
"Physical abuse" means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code. (b) Battery, as defined in Section 242 of the Penal Code. (c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 14 (e) Sexual assault, that means any of the following:

1. Sexual battery, as defined in Section 243.4 of the Penal Code.

2. Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.

3. Rape in concert, as described in Section 264.1 of the Penal Code.

4. Incest, as defined in Section 285 of the Penal Code.

5. Sodomy, as defined in Section 286 of the Penal Code.

6. Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.

7. Sexual penetration, as defined in Section 289 of the Penal Code.

8. Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:

1. For punishment.

2. For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.

3. For any purpose not authorized by the physician and surgeon. 326.14 CHIEF OF POLICE RESPONSIBILITIES
The Chief of Police or the authorized designee responsibilities include but are not limited to (Penal Code § 368.6):
(a) Taking leadership within the Alameda Police Department and in the community, including by speaking out publicly in major cases of senior and disability victimization, to assure the community of department support for the victims and their families and for others in the community who are terrorized and traumatized by the crimes, and to encourage victims and witnesses to the crimes or similar past or future crimes to report those crimes to help bring the perpetrators to justice and prevent further crimes. (b) Developing and including department protocols in this policy, including but not limited to the following:

1. Protocols for seeking emergency protective orders by phone from a court at any time of day or night pursuant to Family Code § 6250(d).

2. Protocols for arrest warrants and arrests for senior and disability victimization for matters other than domestic violence and consistent with the requirements of Penal Code § 368.6(c)(9)(B) that include the following:
(a) In the case of a senior and disability victimization committed in an officer's presence, including but not limited to a violation of a relevant protective Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Senior and Disability Victimization - 15 order, the officer shall make a warrantless arrest based on probable cause when necessary or advisable to protect the safety of the victim or others. (b) In the case of a felony not committed in an officer's presence, the officer shall make a warrantless arrest based on probable cause when necessary or advisable to protect the safety of the victim or others. (c) In the case of a misdemeanor not committed in the officer's presence, including but not limited to misdemeanor unlawful interference with a mandated report or a misdemeanor violation of a relevant protective order, or when necessary or advisable to protect the safety of the victim or others, the agency shall seek an arrest warrant based on probable cause. (d) Protocol for seeking arrest warrants based on probable cause for crimes for which no arrest has been made.

3. Procedures for first responding officers to follow when interviewing persons with cognitive and communication disabilities until officers, or staff of other responsible agencies with more advanced training, are available. The procedure shall include an instruction to avoid repeated interviews whenever possible. (c) For each department protocol, include either a specific title-by-title list of officer responsibilities or a specific office or unit in the Alameda Police Department responsible for implementing the protocol.
(d) Ensuring an appendix is created and attached to this policy that describes requirements for elder and dependent adult abuse investigations consistent with Penal Code § 368.6(c)(8)(B).
(e) Ensuring a detailed checklist is created and attached to this policy regarding first responding responsibilities that includes but is not limited to the requirements of Penal Code § 368.6(c)(23).
(f) Ensuring that all members carry out their responsibilities under this policy. (g) Verifying a process is in place for transmitting and periodically retransmitting this policy and related orders to officers, including a simple and immediate way for officers to access the policy in the field when needed.
(h) Ensuring this policy is available to the Protection and Advocacy Agency upon request. 326.15 ELDER AND DEPENDENT ADULT ABUSE LIAISON
A department member appointed by the Chief of Police or the authorized designee will serve as the Elder and Dependent Adult Abuse Liaison. Responsibilities of the liaison include but are not limited to (Penal Code § 368.6):
(a) Acting as a liaison to other responsible agencies (defined by Penal Code § 368.6(b) (15)) to increase cooperation and collaboration among them while retaining the law enforcement agency’s exclusive responsibility for criminal investigations (Welfare and Institutions Code § 15650).
(b) Reaching out to the senior and disability communities and to the public to encourage prevention and reporting of senior and disability victimization.

Exhibit 1

Policy
334
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Public Alerts - 1 Public Alerts
334.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate.
334.2 POLICY
Public alerts may be employed using the Emergency Alert System (EAS), local radio, television and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system’s individual criteria. 334.3 RESPONSIBILITIES
334.3.1 MEMBER RESPONSIBILITIES
Members of the Alameda Police Department should notify their supervisor, Watch Commander, or Investigations Supervisor as soon as practicable upon learning of a situation where public notification, a warning, or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person, or gathering information. 334.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications based upon the circumstances of each situation. The supervisor shall promptly notify the Chief of Police, the appropriate Bureau Commander and the Public Information Officer when any public alert is generated.

The supervisor in charge of the investigation to which the alert relates is responsible for the following:
(a) Updating alerts
(b) Canceling alerts
(c) Ensuring all appropriate reports are completed
(d) Preparing an after-action evaluation of the investigation to be forwarded to the Bureau Commander
334.4 AMBER ALERTS
The AMBER Alert™ Program is a voluntary partnership between law enforcement agencies, broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in child abduction cases.
334.4.1 CRITERIA FOR AMBER ALERT
The following conditions must be met before activating an AMBER Alert (Government Code § 8594(a)):

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Public Alerts
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Public Alerts - 2 (a) A child has been abducted or taken by anyone, including but not limited to a custodial parent or guardian.
(b) The victim is 17 years of age or younger, or has a proven mental or physical disability. (c) The victim is in imminent danger of serious injury or death. (d) There is information available that, if provided to the public, could assist in the child’s safe recovery.
334.4.2 PROCEDURE FOR AMBER ALERT
The supervisor in charge will ensure the following:
(a) An initial press release is prepared that includes all available information that might aid in locating the child:

1. The child’s identity, age and description

2. Photograph if available

3. The suspect’s identity, age and description, if known

4. Pertinent vehicle description

5. Detail regarding location of incident, direction of travel, potential destinations, if known

6. Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison

7. A telephone number for the public to call with leads or information (b) The local California Highway Patrol communications center should be contacted to initiate a multi-regional or statewide EAS broadcast, following any policies and procedures developed by CHP (Government Code § 8594).
(c) The press release information is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies.
(d) Information regarding the missing person should be entered into the California Law Enforcement Telecommunication System (CLETS).
(e) Information regarding the missing person should be entered into the California Department of Justice Missing and Unidentified Persons System (MUPS)/National Crime Information Center (NCIC).
(f) The following resources should be considered as circumstances dictate:

1. The local FBI office

2. National Center for Missing and Exploited Children (NCMEC) 334.5 BLUE ALERTS
Blue Alerts may be issued when an officer is killed, injured or assaulted and the suspect may pose a threat to the public or other law enforcement personnel.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Public Alerts
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Public Alerts - 3 334.5.1 CRITERIA FOR BLUE ALERTS
All of the following conditions must be met before activating a Blue Alert (Government Code § 8594.5):
(a) A law enforcement officer has been killed, suffered serious bodily injury or has been assaulted with a deadly weapon, and the suspect has fled the scene of the offense. (b) The investigating law enforcement agency has determined that the suspect poses an imminent threat to the public or other law enforcement personnel. (c) A detailed description of the suspect’s vehicle or license plate is available for broadcast.
(d) Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect.
334.5.2 PROCEDURE FOR BLUE ALERT
The supervisor in charge should ensure the following:
(a) An initial press release is prepared that includes all available information that might aid in locating the suspect:

1. The license number and/or any other available description or photograph of the vehicle

2. Photograph, description and/or identification of the suspect

3. The suspect’s identity, age and description, if known

4. Detail regarding location of incident, direction of travel, potential destinations, if known

5. Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison

6. A telephone number for the public to call with leads or information (b) The local California Highway Patrol communications center is contacted to initiate a multi-regional or statewide EAS broadcast.
(c) The information in the press release is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies.
(d) The following resources should be considered as circumstances dictate:

1. Entry into the California Law Enforcement Telecommunication System (CLETS)

2. The FBI local office
334.6 SILVER ALERTS
Silver Alerts® is an emergency notification system for people who are 65 years of age or older, developmentally disabled or cognitively impaired and have been reported missing (Government Code § 8594.10).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Public Alerts
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Public Alerts - 4 334.6.1 CRITERIA FOR SILVER ALERTS
All of the following conditions must be met before activating a Silver Alert (Government Code § 8594.10):
(a) The missing person is 65 years of age or older, developmentally disabled or cognitively impaired.
(b) The department has utilized all available local resources. (c) The investigating officer or supervisor has determined that the person is missing under unexplained or suspicious circumstances.
(d) The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
(e) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
334.6.2 PROCEDURE FOR SILVER ALERT
Requests for a Silver Alert shall be made through the California Highway Patrol (Government Code § 8594.10).
334.7 YELLOW ALERT
A Yellow Alert may be issued when a person is killed due to a hit-and-run incident and the department has specified information concerning the suspect or the suspect's vehicle (Government Code § 8594.15).
334.7.1 CRITERIA FOR YELLOW ALERT
All of the following conditions must be met before activating a Yellow Alert (Government Code § 8594.15):
(a) A person has been killed due to a hit-and-run incident. (b) There is an indication that a suspect has fled the scene utilizing the state highway system or is likely to be observed by the public on the state highway system. (c) The department has additional information concerning the suspect or the suspect's vehicle including but not limited to the following:

1. The complete license plate number of the suspect's vehicle.

2. A partial license plate number and additional unique identifying characteristics, such as the make, model, and color of the suspect's vehicle, which could reasonably lead to the apprehension of a suspect.

3. The identity of a suspect.

4. Public dissemination of available information could either help avert further harm or accelerate apprehension of a suspect based on any factor, including but not Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Public Alerts
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Public Alerts - 5 limited to the time elapsed between a hit-and-run incident and the request or the likelihood that an activation would reasonably lead to the apprehension of a suspect.
334.7.2 PROCEDURE FOR YELLOW ALERT
Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15).
334.8
INDIGENOUS PERSONS ALERT (FEATHER ALERTPER CA AB 1314)
A Feather Alert is a term assigned under California Assembly Bill 1314. The Alameda Police Department will refer to this Alert as Indigenous Persons Alerts. Indigenous Persons Alerts may be issued when an indigenous Indigenous person is reported missing under unexplained or suspicious circumstances . The determination that criteria has been met for the alert shall be made within 24 hours following the initial report being made to the Alameda Police Department (Government Code § 8594.13).
334.8.1 CRITERIA FOR

INDIGENOUS PERSONS FEATHER ALERT
All of the following conditions must be met before activating an Indigenous Persons Alert The Alameda Police Department may request that a Feather Alert be activated if it is determined that the alert would be an effective tool in the investigation of missing and murdered Indigenous persons, including young women or girls. The following factors shall be considered to make that determination (Government Code § 8594.13):
(a) The missing person is an indigenous Indigenous person. (b) The Alameda Police Department has utilized local and tribal resources. (c) The investigating officer has determined the person has gone missing under unexplained or suspicious circumstances is missing.
(d) The investigating officer or supervisor believes that the person is in danger because of age, health, and missing under circumstances that indicate any of the following:

1. The missing person's physical safety may be endangered.

2. The missing person may be subject to trafficking.

3. The missing person suffers from a mental or physical disability,

4. or substance use disorder.
(e) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
334.8.2 PROCEDURE FOR INDIGENOUS PERSONS ALERT
Requests for an Indigenous Persons Alert shall be made through the California Highway Patrol (Government Code § 8594.13).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Public Alerts
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Public Alerts - 6 334.9 ADDITIONAL ALERTS FOR PUBLIC SAFETY EMERGENCIES Additional public safety emergency alerts may be authorized that utilize wireless emergency alert system (WEA) and emergency alert system (EAS) equipment for alerting and warning the public to protect lives and save property (Government Code § 8593.7). 334.9.1 PROCEDURE
Public safety emergency alerts should be activated by following the guidelines issued by the Office of Emergency Services (Government Code § 8593.7).
334.9.2 CRITERIA
Public safety emergency alerts may be issued to alert or warn the public about events including but not limited to:
(a) Evacuation orders (including evacuation routes, shelter information, key information). (b) Shelter-in-place guidance due to severe weather.
(c) Terrorist threats.
(d) HazMat incidents.
334.10 ENDANGERED MISSING ADVISORY
An Endangered Missing Advisory may be requested when a person is reported missing who is developmentally disabled, or cognitively impaired, or has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk (Government Code § 8594.11). 334.10.1 CRITERIA FOR ENDANGERED MISSING ADVISORY
All of the following conditions must be met before activating an Endangered Missing Advisory (Government Code § 8594.11):
(a) The missing person is developmentally disabled, cognitively impaired, has been abducted or is otherwise unable to care for themselves, placing their physical safety at risk.
(b) The Alameda Police Department has utilized all available local resources. (c) The investigating officer has determined the person has gone missing under unexplained or suspicious circumstances.
(d) The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
(e) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
334.10.2 PROCEDURE FOR ENDANGERED MISSING ADVISORIES
Requests for an endangered missing advisory shall be made through the California Highway Patrol (Government Code § 8594.11).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Public Alerts
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Public Alerts - 7 334.11 EBONY ALERT
An Ebony Alert may be requested when it is determined the alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl (Government Code § 8594.14).
334.11.1 CRITERIA FOR EBONY ALERT
The investigating officer may consider the following factors to make the determination that an Ebony Alert would be an effective tool (Government Code § 8594.14):
(a) The missing person is between the ages of 12 and 25 years old, inclusive. (b) The missing person is missing under circumstances that indicate their physical safety is endangered or they have been subject to trafficking. (c) The missing person suffers from a mental or physical disability. (d) Determination that the person has gone missing under unexplained or suspicious circumstances.
(e) Belief that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
(f) The Alameda Police Department has utilized all available local resources. (g) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
334.11.2 PROCEDURE FOR EBONY ALERT
Requests for an Ebony Alert shall be made through the California Highway Patrol (Government Code § 8594.14).
334.12

LANGUAGE REQUIREMENTS FOR PUBLIC EMERGENCIES
In the event of an emergency, as defined in Government Code § 7299.7, the Alameda Police Department shall provide information to the public relating to the emergency in all languages jointly spoken by the local population as provided in Government Code § 7299.7.

Exhibit 1

Policy
338
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 1 Hate Crimes
338.1 PURPOSE AND SCOPE
This policy is designed to assist in identifying and handling crimes motivated by hate or other bias toward individuals and groups with legally defined protected characteristics, to define appropriate steps for assisting victims, and to provide a guide to conducting related investigations. It outlines the general policy framework for prevention, response, accessing assistance, victim assistance and follow-up, and reporting as related to law enforcement's role in handling hate crimes. It also serves as a declaration that hate crimes are taken seriously and demonstrates how the Alameda Police Department may best use its resources to investigate and solve an offense, in addition to building community trust and increasing police legitimacy (Penal Code § 13519.6; Penal Code § 422.87).
338.1.1 DEFINITION AND LAWS
In accordance with Penal Code § 422.55; Penal Code § 422.56; Penal Code § 422.6; and Penal Code § 422.87, for purposes of all other state law, unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:

Bias motivation
- Bias motivation is a pre-existing negative attitude toward actual or perceived characteristics referenced in Penal Code § 422.55. Depending on the circumstances of each case, bias motivation may include but is not limited to hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of one's "own kind," or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including but not limited to disability or gender.

Disability
- Disability includes mental disability and physical disability as defined in Government Code § 12926, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.

Disability bias - In recognizing suspected disability-bias hate crimes, officers should consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as but not limited to dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore "deserving victims," a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.

In recognizing suspected disability-bias hate crimes, officers should consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in anti-disability bias. This includes but is not limited to situations where a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons, such as inebriated persons or persons with perceived disabilities different from those of the victim. Such circumstances could be evidence that the perpetrator's Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 2 motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.

Gender - Gender means sex and includes a person's gender identity and gender expression.

Gender expression - Gender expression means a person's gender-related appearance and behavior, regardless of whether it is stereotypically associated with the person's assigned sex at birth.

Gender identity - Gender identity means each person's internal understanding of their gender, or the perception of a person's gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person's sex assigned at birth, or transgender (2 CCR § 11030).

Hate crime
- "Hate crime" includes but is not limited to a violation of Penal Code § 422.6, and means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
(a) Disability
(b) Gender
(c) Nationality
(d) Race or ethnicity
(e) Religion
(f) Sexual orientation
(g) Association with a person or group with one or more of these actual or perceived characteristics:

1. "Association with a person or group with one or more of these actual or perceived characteristics" includes advocacy for, identification with, or being on the premises owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of the characteristics listed in the definition of "hate crime" under paragraphs 1 to 6, inclusive, of Penal Code § 422.55(a).

Note: A "hate crime" need not be motivated by hate but may be motivated by any bias against a protected characteristic.

Hate incident
- A hate incident is an action or behavior motivated by hate or bias but legally protected by the First Amendment right to freedom of expression. Examples of hate incidents include:
• Name-calling
• Insults and epithets
• Distributing hate material in public places
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 3 • Displaying hate material on your own property
Hate speech - The First Amendment to the U.S. Constitution protects most speech, even when it is disagreeable, offensive, or hurtful. The following types of speech are generally not protected:
• Fighting words
• True threats
• Perjury
• Blackmail
• Incitement to lawless action
• Conspiracy
• Solicitation to commit any crime
In whole or in part - "In whole or in part because of" means that the bias motivation must be a cause in fact of the offense whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that a crime would not have been committed but for the actual or perceived characteristic.

Nationality
- Nationality means country of origin, immigration status, including citizenship, and national origin.

Race or ethnicity
- Race or ethnicity includes ancestry, color, and ethnic background.

Religion - Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.

Religious bias
- In recognizing suspected religion-bias hate crimes, officers should consider whether there were targeted attacks on, or biased references to, symbols of importance to a particular religion or articles considered of spiritual significance in a particular religion (e.g., crosses, hijabs, Stars of David, turbans, head coverings, statues of the Buddha).

Sexual orientation
- Sexual orientation means heterosexuality, homosexuality, or bisexuality.

Victim - Victim includes but is not limited to:
• Community center
• Educational facility
• Entity
• Family
• Group
• Individual
• Office
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 4 • Meeting hall
• Person
• Place of worship
• Private institution
• Public agency
• Library
• Other victim or intended victim of the offense
338.2 POLICY
It is the policy of this department to safeguard the rights of all individuals irrespective of their disability, gender, nationality, race or ethnicity, religion, sexual orientation, and/or association with a person or group with one or more of these actual or perceived characteristics. Any acts or threats of violence, property damage, harassment, intimidation, or other crimes motivated by hate or bias should be viewed very seriously and given high priority.

This department will employ reasonably available resources and vigorous law enforcement action to identify and arrest hate crime perpetrators. Also, recognizing the particular fears and distress typically suffered by victims, the potential for reprisal and escalation of violence, and the far- reaching negative consequences of these crimes on the community, this department should take all reasonable steps to attend to the security and related concerns of the immediate victims and their families as feasible.

All officers are required to be familiar with the policy and use reasonable diligence to carry out the policy unless directed by the Chief of Police or other command-level officer to whom the Chief of Police formally delegates this responsibility.
338.3 PLANNING AND PREVENTION
In order to facilitate the guidelines contained within this policy, department members will continuously work to build and strengthen relationships with the community, engage in dialogue, and provide education to the community about this policy. Alameda Police Department personnel are also encouraged to learn about the inherent issues concerning their communities in relation to hate crimes.

Although hate incidents are not criminal events, they can be indicators of, or precursors to, hate crimes. Hate incidents should be investigated and documented as part of an overall strategy to prevent hate crimes.
338.3.1 HATE CRIMES COORDINATOR
A department member appointed by the Chief of Police or the authorized designee will serve as the Hate Crimes Coordinator. The responsibilities of the Hate Crimes Coordinator should include but not be limited to (Penal Code § 422.87):

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 5 (a) Meeting with residents in target communities to allay fears; emphasizing the department's concern over hate crimes and related incidents; reducing the potential for counter-violence; and providing safety, security, and crime-prevention information.

Cultural diversity education and immersion programs (if available) could facilitate this process.
(b) Finding, evaluating, and monitoring public social media sources to identify possible suspects in reported hate crimes; to identify suspects or suspect groups in future hate crimes or hate incidents affecting individuals, groups, or communities that may be victimized; and to predict future hate-based events.
(c) Providing direct and referral assistance to the victim and the victim's family. (d) Conducting public meetings on hate crime threats and violence in general. (e) Establishing relationships with formal community-based organizations and leaders. (f) Expanding, where appropriate, preventive programs such as hate, bias, and crime- reduction seminars for students.
(g) Reviewing the Attorney General's latest opinion on hate crime statistics and targets in order to prepare and plan for future crimes, specifically for Arab/ , Middle Eastern and
Muslim , Islamic, lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ), Black, Native American, immigrant, Jewish, Asian American, and Pacific Islander communities (Penal Code § 13519.6(b)(8)).
(h) Providing orientation of and with communities of specific targeted victims such as immigrant, Muslim, Arab, LGBTQ, Black or African-American, Jewish, and Sikh persons and persons with disabilities.
(i) Coordinating with the Training Sergeant to develop a schedule of required hate-crime training and include in a training plan recognition of hate crime bias characteristics, including information on general underreporting of hate crimes. (j) Verifying a process is in place to provide this policy and related orders to officers in the field and taking reasonable steps to rectify the situation if such a process is not in place.
(k) Taking reasonable steps to ensure hate crime data is provided to the Records Division for mandated reporting to the California Department of Justice.

1. Ensure the California Department of Justice crime data is posted monthly on the department website (Penal Code § 13023).
(l) Reporting any suspected multi-mission extremist crimes to the department Terrorism Liaison Officer, the assigned designee, or other appropriate resource; and verifying that such data is transmitted to the Joint Regional Information Exchange System in accordance with the protocols of the Records Division Policy. (m) Maintaining the department's supply of up-to-date hate crimes brochures (Penal Code § 422.92; Penal Code § 422.87).
(n) Submitting required hate crime materials to the California Department of Justice in accordance with the timeline established by state law (Penal Code § 13023).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 6 (o) Annually assessing this policy, including:

1. Keeping abreast of POST model policy framework for hate crimes for revisions or additions, including definitions, responsibilities, training resources, the supplemental hate crime report, and planning and prevention methods.

2. Analysis of the department's data collection as well as the available outside data (e.g., annual California Attorney General's report on hate crime) in preparation for and response to future hate crimes.
338.3.2 RELEASE OF INFORMATION
Establishing a relationship with stakeholders, before any incident occurs, to develop a network and protocol for disclosure often assists greatly in any disclosure.

The benefit of public disclosure of hate crime incidents includes:
(a) Dissemination of correct information.
(b) Assurance to affected communities or groups that the matter is being properly and promptly investigated.
(c) The ability to request information regarding the commission of the crimes from the victimized community.

Information or records relating to hate crimes subject to public disclosure shall be released as provided by the Records Maintenance and Release Policy or as allowed by law. In accordance with the Media Relations Policy, the supervisor, public information officer, or the authorized designee should be provided with information that can be responsibly reported to the media. When appropriate, the department spokesperson should reiterate that hate crimes will not be tolerated, will be investigated seriously, and will be prosecuted to the fullest extent of the law.

The Alameda Police Department should consider the following when releasing information to the public regarding hate crimes and hate incidents that have been reported within the jurisdiction:
• Inform community organizations in a timely manner when a community group has been the target of a hate crime.
• Inform the community of the impact of these crimes on the victim, the victim’s family, and the community, and of the assistance and compensation available to victims. • Inform the community regarding hate crime law and the legal rights of, and remedies available to, victims of hate crimes.
• Provide the community with ongoing information regarding hate crimes and/or hate incidents.
338.4 RESPONSE, VICTIM ASSISTANCE, AND FOLLOW-UP
338.4.1 INITIAL RESPONSE
First responding officers should know the role of all department personnel as they relate to the department's investigation of hate crimes and/or incidents. Responding officers should evaluate Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 7 the need for additional assistance and, working with supervision and/or investigations, access needed assistance if applicable.

At the scene of a suspected hate or bias crime, officers should take preliminary actions reasonably deemed necessary, including but not limited to the following:
(a) Use agency checklist (per Penal Code § 422.87) to assist in the investigation of any hate crime (see Appendix).
(b) Stabilize the victims and request medical attention when necessary. (c) Properly protect the safety of victims, witnesses, and perpetrators.

1. Assist victims in seeking a Temporary Restraining Order (if applicable). (d) Notify other appropriate personnel in the chain of command, depending on the nature and seriousness of the offense and its potential inflammatory and related impact on the community.
(e) Properly protect, preserve, and process the crime scene, and remove all physical evidence of the incident as soon as possible after the offense is documented. If evidence of an inflammatory nature cannot be physically removed, the property owner should be contacted to facilitate removal or covering as soon as reasonably possible.

Alameda Police Department personnel should follow up with the property owner to determine if this was accomplished in a timely manner.
(f) Collect and photograph physical evidence or indicators of hate crimes such as:

1. Hate literature.

2. Spray paint cans.

3. Threatening letters.

4. Symbols used by hate groups.
(g) Identify criminal evidence on the victim.
(h) Request the assistance of translators or interpreters when needed to establish effective communication with witnesses, victims, or others as appropriate. (i) Conduct a preliminary investigation and record pertinent information including but not limited to:

1. Identity of suspected perpetrators.

2. Identity of witnesses, including those no longer at the scene.

3. The offer of victim confidentiality per Government Code § 7923.615.

4. Prior occurrences in this area or with this victim.

5. Statements made by suspects; exact wording is critical.

6. The victim's protected characteristics and determine if bias was a motivation "in whole or in part" in the commission of the crime.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 8 (j) Adhere to Penal Code § 422.93, which protects hate crime victims and witnesses from being reported to federal immigration authorities if they have not committed any crime under state law.
(k) Provide information regarding immigration remedies available to victims of crime (e.g., U-Visa, T-Visa, S-Visa).
(l) Provide the department's Hate Crimes Brochure (per Penal Code § 422.92) if asked, if necessary, or per policy.
(m) Utilize proper techniques for interviewing people with disabilities and be aware of and provide appropriate accommodations (e.g., ADA standards, Braille, visuals, translators for the deaf or hard of hearing).
(n) Document any suspected multi-mission extremist crimes. 338.4.2 INVESTIGATION
Investigators at the scene of, or performing follow-up investigation on, a suspected hate or bias crime or hate incident should take all actions deemed reasonably necessary, including but not limited to the following:
(a) Consider typologies of perpetrators of hate crimes and incidents, including but not limited to thrill, reactive/defensive, and mission (hard core). (b) Utilize investigative techniques and methods to handle hate crimes or hate incidents in a professional manner.
(c) Utilize proper techniques for interviewing people with disabilities and be aware of and provide appropriate accommodations (e.g., ADA standards, Braille, visuals, translators for the deaf or hard of hearing).
(d) Properly investigate any report of a hate crime committed under the color of authority per Penal Code § 422.6 and Penal Code § 13519.6.
(e) Document physical evidence or indicators of hate crimes, in accordance with the provisions of the Property and Evidence Policy, such as:

1. Hate literature.

2. Spray paint cans.

3. Threatening letters.

4. Symbols used by hate groups.

5. Desecration of religious symbols, objects, or buildings. (f) Request the assistance of translators or interpreters when needed to establish effective communication.
(g) Conduct a preliminary investigation and record information regarding:

1. Identity of suspected perpetrators.

2. Identity of witnesses, including those no longer at the scene.

3. Offer of victim confidentiality per Government Code § 7923.615.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 9

4. Prior occurrences, in this area or with this victim.

5. Statements made by suspects; exact wording is critical.

6. Document the victim's protected characteristics.
(h) Provide victim assistance and follow-up.
(i) Canvass the area for additional witnesses.
(j) Examine suspect's social media activity for potential evidence of bias motivation. (k) Coordinate the investigation with department, state, and regional intelligence operations. These sources can provide the investigator with an analysis of any patterns, organized hate groups, and suspects potentially involved in the offense. (l) Coordinate the investigation with the crime scene investigation unit (if applicable) or other appropriate units of the Alameda Police Department. (m) Determine if the incident should be classified as a hate crime. (n) Take reasonable steps to provide appropriate assistance to hate crime victims, including the following measures:

1. Contact victims periodically to determine whether they are receiving adequate and appropriate assistance.

2. Provide ongoing information to victims about the status of the criminal investigation.

3. Provide victims and any other interested persons the brochure on hate crimes per Penal Code § 422.92 and information on any local advocacy groups (if asked).
(o) Document any suspected multi-mission extremist crimes. (p) Coordinate with other law enforcement agencies in the area to assess patterns of hate crimes and/or hate incidents, and determine if organized hate groups are involved. 338.4.3 SUPERVISION
The supervisor shall confer with the initial responding officer and take reasonable steps to ensure that necessary preliminary actions have been taken. The supervisor shall request any appropriate personnel necessary to accomplish the following:
(a) Provide immediate assistance to the crime victim by:

1. Expressing the department's official position on the importance of these cases and the measures that will be taken to apprehend the perpetrators.

2. Expressing the department's interest in protecting victims' anonymity (confidentiality forms, Government Code § 7923.615) to the extent reasonably possible. Allow the victims to convey their immediate concerns and feelings.

3. Identifying individuals or agencies that may provide victim assistance and support. Local victim assistance resources may include family members or close acquaintances, clergy, or a department chaplain, as well as community service Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 10 agencies that provide shelter, food, clothing, child care, or other related services (per Penal Code § 422.92).
(b) Take reasonable steps to ensure that all relevant facts are documented on an incident and/or arrest report and make an initial determination as to whether the incident should be classified as a hate crime for federal and state bias-crimes reporting purposes. (c) Notify other appropriate personnel in the chain of command, depending on the nature and seriousness of the offense and its potential inflammatory and related impact on the community.
(d) In cases of large-scale hate crime waves, or in circumstances where the potential exists for subsequent hate crimes or incidents, consider directing resources to protect vulnerable sites (such as assigning an officer to specific locations that could become targets).
(e) Verify hate crimes are being properly reported, including reporting to the Department of Justice, pursuant to Penal Code § 13023.
(f) Verify adherence to Penal Code § 422.93, which protects hate crime victims and witnesses from being reported to federal immigration authorities if they have not committed any crime under state law. Supervisors should also be aware of the immigration remedies available to victims of crime (e.g., U-Visa, T-Visa, S-Visa). (g) Respond to and properly initiate an investigation of any reports of hate crimes committed under the color of authority.
(h) Provide appropriate assistance, including activating the California Department of Justice hate crime rapid response protocol if necessary. For additional information refer to the California Department of Justice website.
(i) Verify reporting of any suspected multi-mission extremist crimes to the agency Hate Crimes Coordinator.
(j) Make a final determination as to whether the incident should be classified as a hate crime and forward to the Chief of Police for approval.
338.5 TRAINING
All members of this department will receive POST-approved training on hate crime recognition and investigation
as provided by (Penal Code § 13519.6).

Training should include (Penal Code § 422.87):
(a) Recognition of bias motivators such as ranges of attitudes and perceptions toward a specific characteristic or group, including disability bias, gender bias, and religion bias. (b) Accurate reporting by officers, including information on the general underreporting of hate crimes.
(c) Distribution of hate crime brochures.
(d) When a gun violence restraining order may be appropriate for prevention of hate crimes (Penal Code § 13519.6).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Hate Crimes
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crimes - 11 338.6 APPENDIX
See attachments: _
Statutes and Legal Requirements.pdf
Hate Crime Checklist.pdf
Supplemental Hate Crime Report.pdf
Exhibit 1

Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Attachments - 12 Attachments
Exhibit 1

Attachment
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Statutes and Legal Requirements.pdf - 13 Statutes and Legal Requirements.pdf
Statutes and Legal Requirements.pdf
Exhibit 1

19 APPENDIX - STATUTES AND LEGAL REQUIREMENTS
Statutes and Legal Requirements
Items listed in this section include sections from the California Penal Code (CPC), Welfare and Institutions Code (WI) and Government Code (GC).

Definitions
CPC 422.55 - Provides general definition of hate crimes in California.

CPC 422.56- Provides definitions of terms included in hate crimes statutes.

GC 12926- Disability-related definitions applicable to some hate crime statutes.

Felonies
Hate Crimes
CPC 422.7 - Commission of a crime for the purpose of interfering with another’s exercise of civil rights.

Related Crimes
CPC 190.2(a)(16) - Homicide penalties related to certain hate crime related acts.

CPC 190.03(a) - Homicide penalties related to certain hate crime related acts.

CPC 288(b)(2) - Sexual assault of dependent person by caretaker CPC 368(b) - Dependent adult abuse generally - may apply as disability-related hate crime.

CPC 594.3 - Vandalism of places of worship.

CPC 11412 - Causing or attempting to cause other to refrain from exercising religion by threat.

CPC 11413 - Arson or destructive device at place of worship.

Misdemeanors
Hate Crimes
CPC 422.6 - Use of force, threats, or destruction of property to interfere with another’s exercise of civil rights.

CPC 422.77 - Violation of civil order (Bane Act) protecting the exercise of civil rights Related Crimes
CPC 302 - Disorderly conduct during an assemblage of people gathered for religious worship at a tax- exempt place of worship.

CPC 538(c) - Unauthorized insertion of advertisements in newspapers and redistribution to the public.

CPC 640.2 - Placing handbill, notice of advertisement on a consumer product or product packaged without authorization.

CPC 11411 - Terrorism of owner or occupant of real property. Placement or display of sign, symbol, or other physical impression without authorization, engagement in pattern of conduct, or burning or desecration of religious symbols.

Exhibit 1

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING 20 Enhancements
CPC 190.2(a)(16) - Special circumstances imposing the Death Penalty or Life Without Possibility of Parole, if the victim was intentionally killed because of sexual orientation, gender, or disability.

CPC 190.3 - Special circumstances imposing LWOP if the victim was intentionally killed because of sexual orientation, gender, or disability.

CPC 422.75 - Penalty for felony committed because of victim’s race, color, religion, nationality, country or origin, ancestry, disability, or sexual orientation shall be enhanced one, two, or three years in prison, if the person acts alone; and two, three, or four years if the person commits the act with another.

CPC 1170.8 - Enhancement for robbery or assault at a place of worship.

CPC 1170.85(b) - Felony assault or battery enhancement due to age or disability.

Reporting
CPC 13023- Requirement for law enforcement agencies to report hate crime data to DOJ.

WI 15630 – Elder and Dependent Adult Abuse Mandated Reporting (may apply in disability-related hate crimes).

Training and Policy Requirements
CPC 422.87 - Hate crimes policy adoption and update requirements (AB 1985, Effective January 1, 2019).

CPC 13519.6 - Defines hate crime training requirements for peace officers.

CPC 13519.41 - Training requirements on sexual orientation and gender identity-related hate crimes for peace officers and dispatchers (AB 2504, Effective January 1, 2019).

Miscellaneous Provisions
CPC 422.78 - Responsibility for prosecution of stay away order violations.

CPC 422.86 - Public policy regarding hate crimes.

CPC 422.89 - Legislative intent regarding violations of civil rights and hate crimes CPC 422.92 - Hate crimes victims brochure requirement for law enforcement agencies.

CPC 422.93 - Protection of victims and witnesses from being reported to immigration authorities.

GC 6254 - Victim confidentiality.

Exhibit 1

Attachment
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Hate Crime Checklist.pdf - 14 Hate Crime Checklist.pdf
Hate Crime Checklist.pdf
Exhibit 1

HATE CRIME CHECKLIST
Page of
Victim Type:

Individual
Legal name (Last, First):

Other Names used (AKA):

School, business or organization
Name:

Type:
(e.g., non-profit, private, public school)
Address:

Faith-based organization
Name:

Faith:

Address:

Targ
et of Crime (Check all that apply):

Person Private property Public property
Other
Nature of Crime (
Check all that apply):

Bodily injury Threat of violence
Property damage
Other crime:

Property damage
- estimated value
Type of Bias
(Check all characteristics that apply):

Disability
Gender
Gender identity/expression
Sexual orientation
Race
Ethnicity
Nationality
Religion
Significant day of offense
(e.g., 9/11, holy
days)
Other:

Specify dis
ability (be specific):

Actual or Percei
ved Bias – Victim’s Statement:

Actual bias [Victim actually has the indicated characteristic(s)].

Perceived bias [Suspect believed victim had the indicated characteristic(s)].

If perceived, explain the circumstances in narrative portion of Report.

Reason for Bias:

Do you feel you were targeted based on one of these characteristics? Yes No Explain in narrative portion of Report.

Do you know what motivated the suspect to commit this crime? Yes No Explain in narrative portion of Report.

Do you feel you were targeted because you associated yourself with an individual or a group?
Yes No Explain in narrative portion of Report.

Are there indicators the suspect is affiliated with a Hate Group (i.e., literature
/tattoos)?
Yes No Describe in narrative portion of Report.

Are there Indicators the suspect is affiliated with a criminal street gang? Yes No Describe in narrative portion of Report.

Bias Indicators (Check all that apply):

Hate speech Acts/gestures Property damage Symbol used Written/electronic communication Graffiti/spray paint Other:

Describe with e
xact detail in narrative portion of Report.

Relationship Between Suspect & Victim:

Suspect known to victim? Yes No
Nature of relationship:

Length of relationship:

If Yes, describe in narrative portion of Report
Prior reported incidents with suspect? Total #
Prior unreported incidents with suspect? Total #
Restraining ord
ers? Yes No
If Yes, describe in narrative portion of Report
Type of order: Order/Case#
Weapon(s) used during incident? Yes No Type:

Weapon(s) booked as evidence? Yes No
Automated Firearms System (AFS) Inquiry attached to Report? Yes No POST 05/19 (Based on LAPD’s Hate Crime Supplemental Report, used with permission) Exhibit 1

HATE CRIME CHECKLIST
Page of
Witnesses present during incident? Yes No Statements taken? Yes No Evidence collected? Yes No
Photos taken? Yes No
Total # of photos: D#:

Taken by: Ser
ial #:

Recordings
: Video Audio Booked
Suspect identified: Field ID By photo
Known to victim
VICTIM
Tattoos
Shaking
Unresponsive
Crying
Scared
Angry
Fearful
Calm
Agitated
Nervous
Threatening
Apologetic
Other observations:

SUSPECT
Tattoos
Shaking
Unresponsive
Crying
Scared
Angry
Fearful
Calm
Agitated
Nervous
Threatening
Apologetic
Other observations:

ADDITIONAL QUESTIONS (Explain all boxes marked "Yes" in narrative portion of report):

Has suspect ever threatened you? Yes No
Has suspect ever harmed you? Yes No
Does suspect possess or have access to a firearm? Yes No Are you afraid for your safety? Yes No
Do you have any other information that may be helpful? Yes No Resources offered at scene: Yes No Type:

Victim Suspect
Declined medical treatment
Will seek own medical treatment
Received medical treatment
Authorizat
ion to Release Medical Information,
Form 05.03.00, signed? Yes No
Paramedics at scene? Yes No Unit #
Name(s)/I
D #:

Hospital:

Jail Dispensary:

Physician/Doctor:

Patient #:

Officer (Name/Rank) Date
Officer (Name/Rank) Date
Supervisor Approving (Name/Rank) Date
POST 05/19
Exhibit 1

Attachment
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department
***DRAFT*** Supplemental Hate Crime Report-Agency.pdf
- 15
Supplemental Hate Crime Report-Agency.pdf
Supplemental Hate Crime Report-Agency.pdf
Exhibit 1

SUPPLEMENTAL HATE CRIME REPORT

 Hate incident (No Crime Committed)  Hate Crime (422.6 PC, 51.7 CC, 52.1 CC) VICTIM

VICTIM TYPE
 Individual
Legal name (Last, First):
___________________________________________
Date and time of incident:
______________________________________________
Location of incident:
______________________________________________
Date and time of report:
______________________________________________
Location of report:
______________________________________________
Agency Case #:
______________________________________________
NATURE OF CALL FOR SERVICE (check all that apply)
 Crime against persons
 Crime against property
 Gang activity
 Other _____________________________________
Date of Birth Age Sex Race
 School, business or organization
Name: _____________________________________
Type: _____________________________________
(e.g., non-profit, private, public school)
 Faith-based organization
Name: _____________________________________
Faith: _____________________________________
 Other
Name: _____________________________________
Type: _____________________________________
Address: _____________________________________
BIAS

TYPE OF BIAS
(Check all characteristics that apply)
 Disability
 Gender
 Gender identity/expression
 Sexual orientation
 Race
 Ethnicity
 Nationality
 Religion
 Significant day of offense
(e.g., 9/11, holy days)
 Association with a person or group with
one or more of these characteristics
(actual or perceived)
 Other:
______________________________
ACTUAL OR PERCEIVED BIAS – VICTIM’S STATEMENT
 Actual bias [Victim has the indicated characteristic(s)].  Perceived bias [Suspect believed victim had the indicated characteristic(s)].

REASON FOR BIAS:

Do you feel you were targeted based on one of these characteristics?  Yes  No
Do you know what motivated the suspect to commit this crime?  Yes  No
Do you feel you were targeted because you associated yourself with an individual or a group?
 Yes  No
Are there indicators the suspect is affiliated with a Hate Group (i.e., literature/tattoos)?
 Yes  No
Are there Indicators the suspect is affiliated with a criminal street gang?  Yes  No
BIAS INDICATORS (CHECK ALL THAT APPLY):
 Hate speech  Acts/gestures  Property damage  Symbol used  Written/electronic communication  Graffiti/spray paint  Other: ___________________ Exhibit 1

SUPPLEMENTAL HATE CRIME REPORT

HISTORY

SUSPECT INFORMATION
Legal name (Last, First):
______________________________________________
Other Names used (AKA):
______________________________________________

RELATIONSHIP BETWEEN SUSPECT & VICTIM
Suspect known to victim:  Yes  No
Nature of relationship:
______________________________________________
Length of relationship: ____________________________
 Prior reported incidents with suspect: Total # _______ Prior unreported incidents with suspect:
 Yes  No  Unknown
Date of Birth Age Sex Race
Relationship to Victim:
______________________________________________

WEAPONS/FORCE
Weapon(s) used during incident?  Yes  No Type: ________________________________________ Force used during incident?  Yes  No Type: ________________________________________

EVIDENCE
Witnesses present during incident?  Yes  No Statements taken?  Yes  No Evidence collected?  Yes  No
Photos taken?  Yes  No
Recordings:  Video  Audio  Booked
Suspect identified:  Field ID  By photo/video  Known

RESOURCES
Resources offered at scene:  Yes  No
 Marsy’s Law Handout  Hate Crimes Brochure  Other: ________________________________________

MEDICAL
Victim Suspect
  Declined medical treatment
  Will seek own medical treatment
  Received medical treatment
  Injuries observed
Completed by Date
Name/Title/ID number
Exhibit 1

Attachment
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Supplemental Hate Crime Report.pdf - 16 Supplemental Hate Crime Report.pdf
Supplemental Hate Crime Report.pdf
Exhibit 1

State of California – Department of Justice

SUPPLEMENTAL HATE CRIME REPORT
POST 2-365 (01/2023) Page 1 of 2
Commission on
PeaceOႈcerStandardsandTraining(POST)
860StillwaterRoad,Suite100
WestSacramento,CA95605-1630•916227-3909
 Hate incident (No Crime Committed)  Hate Crime (422.6 PC, 51.7 CC, 52.1 CC) VICTIM

VICTIM TYPE
 Individual
Legalname(Last,First):
___________________________________________
Dateandtimeofincident:
______________________________________________
Locationofincident:
______________________________________________
Dateandtimeofreport:
______________________________________________
Locationofreport:
______________________________________________
AgencyCase#:
______________________________________________
NATURE OF CALL FOR SERVICE (check all that apply)
 Crime against persons
 Crimeagainstproperty
 Gangactivity
 Other _____________________________________
Date of Birth Age Sex Race
 School, business or organization
Name: _____________________________________
Type: _____________________________________
(e.g.,non-pro ￿t,private,publicschool)
 Faith-based organization
Name: _____________________________________
Faith: _____________________________________
 Other
Name: _____________________________________
Type: _____________________________________
Address: _____________________________________
BIAS

TYPE OF BIAS
(Check all characteristics that apply)
 D isability
 Gender
 Genderidentity/expression
 Sexual orientation
 Race
 Ethnicity
 Nationality
 Religion
 Signi¿cantdayofo񿿿ense
(e.g.,9/11,holydays)
 Associationwithapersonorgroupwith
one or more of these characteristics
(actualorperceived)
 Other:
______________________________
ACTUAL OR PERCEIVED BIAS – VICTIM’S STATEMENT
 Actualbias[Victimhastheindicatedcharacteristic(s)].  Perceivedbias[Suspectbelievedvictimhadtheindicated characteristic(s)].

REASON FOR BIAS:

Doyoufeelyouweretargetedbasedononeofthesecharacteristics?  Yes  No
Doyouknowwhatmotivatedthesuspecttocommitthiscrime?  Yes  No
Doyoufeelyouweretargetedbecauseyouassociatedyourselfwithan individualoragroup?
 Yes  No
ArethereindicatorsthesuspectisaႈliatedwithaHateGroup (i.e.,literature/tattoos)?
 Yes  No
ArethereIndicatorsthesuspectisaႈliatedwithacriminalstreetgang?  Yes  No
BIAS INDICATORS (CHECK ALL THAT APPLY):
 Hatespeech  Acts/gestures  Property damage  Symbolused  Written/electronic communication  Graႈti/spraypaint  Other:___________________ Exhibit 1

State of California – Department of Justice
SUPPLEMENTALHATECRIMEREPORT
POST 2-365 (01/2023) Page 2 of 2

HISTORY

SUSPECT INFORMATION
Legalname(Last,First):
______________________________________________
OtherNamesused(AKA):
______________________________________________

RELATIONSHIP BETWEEN SUSPECT & VICTIM
Suspectknowntovictim:  Yes  No
Natureofrelationship:
______________________________________________
Lengthofrelationship:____________________________
 Priorreportedincidentswithsuspect:Total#_______ Priorunreportedincidentswithsuspect:
 Yes  No  Unknown
Date of Birth Age Sex Race
RelationshiptoVictim:
______________________________________________

WEAPONS/FORCE
Weapon(s)usedduringincident?  Yes  No Type:________________________________________ Forceusedduringincident?  Yes  No Type:________________________________________

EVIDENCE
Witnessespresentduringincident?  Yes  No Statementstaken?  Yes  No Evidencecollected?  Yes  No
Photostaken?  Yes  No
Recordings:  Video  Audio  Booked
Suspectidenti¿ed:  FieldID  Byphoto/video  Known

RESOURCES
Resourceso𿿿eredatscene: Yes  No
 Marsy’sLawHandout HateCrimesBrochure Other:________________________________________

MEDICAL
Victim Suspect
  Declinedmedicaltreatment
  Willseekownmedicaltreatment
  Receivedmedicaltreatment
  Injuriesobserved
Completed by Date
Name/Title/IDnumber
Exhibit 1

Policy
360
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Death Investigation - 1 Death Investigation
360.1 PURPOSE AND SCOPE
The investigations of cases involving death include those ranging from natural cause to homicide. purpose of this policy is to provide guidelines for situations where officers initially respond to and investigate the circumstances of a deceased person.

Some causes of death may not be readily apparent, and some cases differ substantially from what they appeared to be initially. The thoroughness of death investigations cannot be emphasized enough and use of appropriate resources and evidence gathering techniques is critical. 360.2 INVESTIGATION CONSIDERATIONS
Death investigation cases require certain actions be taken. Paramedics Emergency medical services shall be called in all suspected death cases unless the death is obvious (e.g., decapitated, decomposed).

A supervisor shall be notified in all death investigations as soon as possible to assist and provide appropriate personnel and resources. The on-scene supervisor should determine whether follow-up investigation is required and notify the Criminal Investigations Bureau Commander as necessary. The Watch Commander will make notification to command staff in accordance with the Major Incident Notification Policy.
360.2.1 CORONER CORONER REQUEST
Government Code § 27491 and Health & and Safety Code § 102850 direct the Coroner to inquire into and determine the circumstances, manner, and cause of certain deaths. The Coroner shall be called in any of the following cases:
(a) Unattended deaths (No physician in attendance or during the continued absence of the attending physician. Also, This also includes all deaths outside hospitals and nursing care facilities.).
(b) Deaths where the deceased has not been attended by either a physician or a registered nurse , who is a member of a hospice care interdisciplinary team, as defined by Health and Safety Code § 1746, in the 20 days prior to death. (c) Physician Deaths where the physician is unable to state the cause of death.

Unwillingness does not apply. Includes This includes all sudden, unexpected, and unusual deaths, and fetal deaths when the underlying cause is unknown. (d) Known or suspected homicide.
(e) Known or suspected suicide .Involving (including suicide where the deceased has a history of being victimized by domestic violence)
(f) Deaths involving any criminal action or suspicion of a criminal act. Includes This includes child and dependent adult negligence and abuse.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Death Investigation
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Death Investigation - 2 (g) Related Deaths related to or following known or suspected self-induced or criminal abortion.
(h) Associated Deaths associated with a known or alleged rape or crime against nature. (i) Following Deaths following an accident or injury (primary or contributory). Deaths This includes deaths known or suspected as resulting (in whole or in part) from or related to accident or injury, either old or recent.
(j) Drowning Deaths from drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism, drug addiction, strangulation, or aspiration. (k) Accidental Deaths from accidental poisoning (e.g., food, chemical, drug, therapeutic agents).
(l) Occupational Deaths from occupational diseases or occupational hazards. (m) Known Deaths from known or suspected contagious disease and constituting a public hazard.
(n) All deaths in operating rooms and all deaths where a patient has not fully recovered from an anesthetic, whether in surgery, recovery room, or elsewhere. (o) In Deaths that occur in prison or while under sentence. Includes This includes all in- custody and police-involved deaths.
(p) All deaths of unidentified persons .
(q) All deaths of state hospital patients .
(r) Suspected Sudden Infant Death Syndrome (SIDS) deaths. (s) All deaths where the patient is comatose throughout the period of the physician’s physician's attendance. Includes This includes patients that are admitted to hospitals unresponsive and expire without regaining consciousness.

The body shall not be disturbed or moved from the position or place of death without permission of the coroner Coroner.
360.2.2 SEARCHING DEAD BODIES
(a) The Coroner or
(b) a designee is generally the only person permitted to search a body known to be dead from any of the circumstances set forth in Government Code § 27491.

The
(a) The only exception is that an officer is permitted to search the body of a person killed in a traffic collision for the limited purpose of locating an anatomical donor card (b) .
3).
(a) If such a donor card is located, the Coroner or a designee shall be promptly notified (b) (Government Code § 27491.3).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Death Investigation
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Death Investigation - 3 (c) The Coroner, with the permission of the Alameda Police Department, may take property, objects, or articles found on the deceased or in the immediate vicinity of the deceased that may be necessary for conducting an investigation to determine the identity of the deceased or the cause or manner of death (Government Code § 27491.3).
(d) Should exigent circumstances indicate to an officer that any other search of a known dead body is warranted prior to the arrival of the Coroner or a designee ;
(a) , the investigating officer
(b) should first obtain verbal consent from the Coroner or a designee (Government Code § 27491.2).
(c) Whenever
possible
(a) reasonably possible, a witness, preferably a relative to the deceased or a member of the household, should be requested to remain
(b) nearby the scene
with
(a) and available to the officer pending the arrival of the Coroner or a designee. The name and address of this person shall be included in the narrative of the death report. (b) Whenever personal effects are removed from the body of the deceased by the Coroner or a designee, a receipt shall be obtained. This receipt shall be attached to the death report.
360.2.3 DEATH NOTIFICATION
When practical, and if not handled by the Coroner’s Office, notification to the next-of-kin of the deceased person shall be made, in person, by the officer assigned to the incident. If the next-of- kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make the personal notification. If the relatives live outside this county, the Coroner may be requested to make the notification. The Coroner needs to know if notification has been made.

Assigned detectives may need to talk to the next-of-kin. 360.2.4 UNIDENTIFIED DEAD BODIES
If the identity of a dead body cannot be established after the Coroner arrives, the Coroner’s office will issue a “John Doe" or "Jane Doe” number for the report. 360.2.5 DEATH INVESTIGATION REPORTING
All incidents involving a death shall be documented on the appropriate form.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Death Investigation
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Death Investigation - 4 360.2.6 SUSPECTED HOMICIDE
If the initially assigned officer suspects that the death involves a homicide or other suspicious circumstances, the Investigations Bureau officer shall take steps to protect the scene. The Investigations shall be notified to determine the possible need for a detective to an investigator to respond to the scene for further immediate investigation. .

If the on-scene supervisor, through consultation with the Watch Commander or Investigations supervisor, is unable to determine the manner of death, the investigation shall proceed as though it is a homicide.

The investigator assigned to investigate a homicide or death that occurred under suspicious circumstances may, with the approval of their supervisor, request the Coroner to conduct physical examinations and tests, and to provide a report.
360.2.6 DEATHS OF VICTIMS WITH AN IDENTIFIABLE HISTORY OF VICTIMIZED

DOMESTIC VIOLENCE
Prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, investigating officers should consider factors identified in Penal Code § 679.07 (e.g., premature or untimely death, partner wanting to end relationship, scene gives appearance of death due to suicide or accident) and proceed with the investigation according to the code's requirements. 360.2.7 EMPLOYMENT-RELATED DEATHS OR INJURIES
Any member of this agency who responds to and determines that a death, serious illness, or serious injury and determines that it has occurred as a result of an accident at or in connection with the victim's employment shall ensure that the nearest office of Cal-OSHA is notified by telephone immediately or as soon as practicable with all pertinent information (8 CCR 342(b)). 360.2
POLICY
It is the policy of the Alameda Police Department to respond to, document, and investigate incidents where a person is deceased. Investigations involving the death of a person, including deaths from natural causes, accidents, workplace incidents, suicide, and homicide, shall be initiated, conducted, and properly documented.
360.4 UNIDENTIFIED DEAD BODY
If the identity of a dead body cannot be established, the handling officer will request from the Coroner a unique identifying number for the body. The number shall be included in any report. 360.5 DEATH NOTIFICATION
When reasonably practicable, and if not handled by the Coroner's Office, notification to the next- of-kin of the deceased person shall be made, in person, by the officer assigned to the incident.

If the next-of-kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make the personal notification.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Death Investigation
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Death Investigation - 5 If a deceased person has been identified as a missing person, this department shall attempt to locate family members and inform them of the death and location of the deceased missing person's remains. All efforts to locate and notify family members shall be recorded in appropriate reports.

Exhibit 1

Policy
393
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Gun Violence Restraining Orders - 1 Gun Violence Restraining Orders
393.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for petitioning and serving gun violence restraining orders and accounting for the firearms obtained pursuant to those orders (Penal Code § 18108).
393.1.1 DEFINITIONS
Definitions related to this policy include:

Gun violence restraining order - Civil restraining order prohibiting a named person from controlling, owning, purchasing, possessing, receiving, or otherwise having custody of any firearms or ammunition, including an ammunition magazine (Penal Code § 18100). 393.2 POLICY
It is the policy of the Alameda Police Department to petition for and serve gun violence restraining orders in compliance with state law and to properly account for firearms and ammunition obtained by the Alameda Police Department pursuant to such orders. 393.3 GUN VIOLENCE RESTRAINING ORDERS
An officer who reasonably believes a person is a present danger to self or another person by controlling, owning, purchasing, possessing, receiving, or otherwise having custody of a firearm may request permission from the officer's supervisor to petition the court for a gun violence restraining order.

Officers petitioning the court should use the forms established by the Judicial Council (Penal Code § 18105). The petition should describe the number, types, and locations of any firearms and ammunition that the officer believes to be possessed or controlled by the person (Penal Code § 18107). The petition should also describe why less-restrictive alternatives are ineffective or inadequate for the circumstances (Penal Code § 18125; Penal Code § 18150; Penal Code § 18175).

If it is not practical under the circumstances to submit a written petition, an officer may submit the petition electronically or orally request a temporary order (Penal Code § 18122; Penal Code § 18140).
393.3.1 ADDITIONAL CONSIDERATIONS
Officers should also consider requesting permission to petition the court for a gun violence restraining order (Penal Code § 18108):
(a) When responding to a domestic disturbance where the residence that is associated
with a firearm registration or record.
(b) When responding to any call or incident when a firearm is present or when one of the involved parties owns or possesses , possesses, or expresses an intent to acquire a firearm.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Gun Violence Restraining Orders
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Gun Violence Restraining Orders - 2 (c) During a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions, if that person owns or possesses a firearm.

Officers should consider obtaining a mental health evaluation if the encounter involves a situation where there is a reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themselves
themself or another person by having custody or
control of a firearm or expresses intent to obtain a firearm (see the Mental Illness Commitments Policy) (Penal Code § 18108).
393.4 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS
An officer serving any gun violence restraining order shall:
(a) Verbally ask the subject of the order if he/she has any firearm, ammunition, or magazine in his/her possession or under his/her custody or control (Penal Code § 18160).
(b) Request that any firearms or ammunition be immediately surrendered and issue a receipt for the surrendered items (Penal Code § 18120). (c) Take into temporary custody any firearm or other deadly weapon discovered in plain view or pursuant to consent or other lawful search (Penal Code § 18250). (d) Inform the restrained person of any scheduled hearing regarding the order (Penal Code § 18160).
(e) Transmit the original proof of service form to the issuing court as soon as practicable but within one business day (Penal Code § 18115).
(f) As soon as practicable, but by the end of his/her shift, submit proof of service to the Records Supervisor for prompt entry into the California Restraining and Protective Order System (Penal Code § 18115).

The officer should also inform the restrained person that he/she is required, within 24 hours, to surrender to a law enforcement agency any other firearms and ammunition he/she owns or that are in his/her custody or control or sell them to a firearms dealer. This notification should be documented.

All firearms and ammunition collected shall be handled and booked in accordance with the Property and Evidence Policy.
393.4.1 TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDERS An officer requesting a temporary emergency gun violence restraining order shall (Penal Code § 18140):
(a) For oral requests, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.
(b) Serve the order on the restrained person if the person can be reasonably located. (c) Forward a copy of the order to the Records Supervisor for filing with the court and appropriate databases.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Gun Violence Restraining Orders
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Gun Violence Restraining Orders - 3 393.5 SEARCH WARRANTS
If a person who has been served with a gun violence restraining order refuses to surrender any firearm or ammunition, the officer should consider whether to seek a search warrant. If a search warrant is to be obtained, the preparation and service of the search warrant shall be done in accordance with the Warrant Service Policy. Additionally, (Penal Code § 1542.5):
(a) The officer serving the warrant shall take custody of any firearm or ammunition that is controlled, possessed or owned by the person who is the subject of the gun violence restraining order, including any discovered pursuant to the warrant, a consensual search or other lawful search.
(b) If the location being searched is jointly occupied and the firearm or ammunition is owned by a person other than the restrained person, the firearm or ammunition should not be seized if the following conditions are met:

1. The firearm or ammunition can be stored in a manner that does not allow the restrained person to have control or access.

2. There is no evidence that the owner unlawfully possesses the firearm or ammunition.
(c) If a locked gun safe belonging to someone other than the subject of a gun violence restraining order is discovered, the officer shall not search the contents of the safe unless the owner consents or there is a valid search warrant for the safe. Any search of the safe must be done in the owner’s presence.
393.6 RECORDS SUPERVISOR RESPONSIBILITIES
The Records Supervisor is responsible for ensuring:
(a) Proof of service of any gun violence restraining order served by an officer or received from the clerk of the court is entered in the computer database system for protective and restraining orders maintained by the Department of Justice within one business day of service if served by an officer, or within one business day of receipt of proof of service if served by a person other than a law enforcement officer (Penal Code § 18115).
(b) Temporary orders are entered into the California Restraining and Protective Order System (Penal Code § 18140).
(c) Copies of temporary orders are filed with the court as soon as practicable, but no later than three court days, after issuance (Penal Code § 18140). (d) Copies of receipts of surrendered firearms or ammunition issued by other agencies for gun violence restraining orders issued by the Alameda Police Department are properly maintained (Penal Code § 18120).
(e) Any relinquishment of firearm rights form received from the court is entered into the California Restraining and Protective Order System within one business day of receipt (Penal Code § 18115).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Gun Violence Restraining Orders
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Gun Violence Restraining Orders - 4 393.7 COURT-ORDERED FIREARMS AND AMMUNITION SURRENDERS Authorized members shall accept firearms and ammunition from any individual who is the subject of a gun violence restraining order. The member receiving any firearm or ammunition shall:
(a) Record the individual’s name, address and telephone number. (b) Record the serial number of the firearm.
(c) Prepare an incident report and property report.
(d) Provide a property receipt to the individual who surrendered the firearms and ammunition.
(e) Package and submit the firearms and ammunition in accordance with the Property and Evidence Policy.
393.8

STORAGE AND RELEASE OF FIREARMS AND AMMUNITION
Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be stored in accordance with the Property and Evidence Policy.

Firearms and ammunition shall be returned to the restrained person upon the expiration of the order and in accordance with Penal Code § 18120 and the Property and Evidence Policy (Penal Code § 18108).
393.9 GUN VIOLENCE RESTRAINING ORDER COORDINATOR
The Chief of Police will appoint a gun violence restraining order coordinator. The responsibilities of the coordinator include:
(a) Developing and maintaining procedures for the filing of a petition for an order or a renewal of an order by department members, also including procedures for requesting and serving (Penal Code § 18108):

1. A temporary emergency gun violence restraining order.

2. An ex parte gun violence restraining order.

3. A gun violence restraining order issued after notice and hearing.

4. Renewal orders.
(b) Developing and maintaining factors to consider when assessing the need to seek an order, including (Penal Code § 18108; Penal Code § 18155):

1. Whether threats have been made, and if so, whether the threats are credible and specific.

2. Whether the potential victim is within close proximity.

3. Whether the person has expressed suicidal tendencies.

4. Whether the person has access to firearms.

5. The criminal history of the person, in particular any history of criminal violence, including whether the person is currently on parole, probation, or monitored release.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Gun Violence Restraining Orders
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Gun Violence Restraining Orders - 5

6. The mental health history of the person, in particular whether the person has any history of mental illness or has ever been detained for being a danger to themselves or others.

7. Any upcoming holidays, anniversaries, or other dates of significance that may serve as a trigger for the person, such as the death of a family member.

8. Whether the person has any history of drug or alcohol abuse. (c) Developing and maintaining procedures for the receipt and service of orders consistent with the requirements of Penal Code § 18115; Penal Code § 18120; Penal Code § 18135; Penal Code § 18140; and Penal Code § 18160. Procedures should include:

1. Evaluation of an order to determine appropriate service and necessary precautions (see the Warrant Service Policy and the Operations Planning and Deconfliction Policy).

2. Forwarding orders to the Records Supervisor for recording in appropriate databases and required notice to the court, as applicable.

3. Preparing or obtaining a search warrant prior to attempting service of an order, when appropriate (Penal Code § 18108).

4. Seizure procedures of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order.

5. Verification procedures for the removal of firearms and ammunition from the subject of a gun violence restraining order (Penal Code § 18108). (d) Coordinating with the Training Sergeant to provide officers who may be involved in petitioning for or serving orders with training on such orders. Training should include determining when a petition is appropriate, the process for seeking an order, and the service of such orders.
(e) Reviewing each petition and any associated court documents for an order prepared by members, for compliance with this policy, department procedures, and state law. (f) Developing and maintaining procedures for members to accept voluntarily surrendered prohibited items at times other than when an order is being served by the Alameda Police Department.

1. Procedures should include preparing and providing a receipt identifying all prohibited items to the person surrendering the items.
(g) Coordinating review of notices of court hearings and providing notice to the appropriate officer of the hearing date and the responsibility to appear and participate in the evidence presentation process (Penal Code § 18108).
(h) Coordinating with the Training Sergeant to ensure officers remain current with the following (Penal Code § 18108):

1. Types of evidence a court considers when determining whether grounds exist for the issuance of a gun violence restraining order as provided in Penal Code § 18155 (Grounds for gun violence restraining order; examination by court).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Gun Violence Restraining Orders
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Gun Violence Restraining Orders - 6

2. The different procedures and protections afforded by different types of firearm- prohibiting emergency protective orders that are available to law enforcement petitioners.
(i) Establishing standards and procedures for addressing violations of a gun violence restraining order (Penal Code § 18108).
(j) Establishing procedures for officers to provide information about mental health referral services during contact with persons exhibiting mental health issues (Penal Code § 18108).
393.10 RENEWAL OF GUN VIOLENCE RESTRAINING ORDERS
The Investigations supervisor is responsible for the review of a gun violence restraining order (including temporary or ex parte orders) obtained by the Alameda Police Department to determine if renewal should be requested within the time prescribed by law (Penal Code § 18190). 393.11 POLICY AVAILABILITY
The Chief of Police or the authorized designee shall be responsible for making this policy available to the public upon request (Penal Code § 18108).
393.12 TRAINING
The Training Sergeant should ensure that members receive periodic training on the requirements of this policy (Penal Code § 18108).

Exhibit 1

Policy
424
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Rapid Response and Deployment - 1 Rapid Response and Deployment
424.1 PURPOSE AND SCOPE
Violence that is committed in schools, workplaces and other locations by individuals or a group of individuals who are determined to target and kill persons and to create mass casualties presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist responding officers in situations that call for rapid response and deployment. 424.2 POLICY
The Alameda Police Department will endeavor to plan for rapid response to crisis situations, and to coordinate response planning with other emergency services as well as with those that are responsible for operating sites that may be the target of a critical incident.

Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members of the Alameda Police Department in protecting themselves or others from death or serious injury. 424.2.1 DEFINITIONS
Active Shooter - An Active Shooter is an individual who places other persons in immediate peril of death or great bodily injury by engaging in random or systematic shooting, typically with the intent to commit multiple homicides. For the purpose of this order, this term will also apply to a person who uses any deadly weapon to systematically or randomly inflict death or great bodily injury upon other persons.

Barricaded Suspect - A barricaded suspect is an individual who is hiding or holding out in a room or building, is known or believed to be armed with a dangerous weapon, and has displayed or threatened violence toward other persons. The suspect may or may not be holding hostages, but there is no indication that his or her actions are likely to result in the immediate death or great bodily injury of innocent persons.

On-Scene Incident Commander - The on-scene incident commander is the first officer to arrive at the scene of an incident of an active shooter. The officer shall assume command of the situation and coordinate the activities and operations of responding personnel consistent with the objective of this order until relieved by a higher authority.

Rescue Task Force
- Rescue Task Force (RTF) consists of police officers and firefighters. The role of the firefighter is to rescue injured people while the role of the police officer is to provide protection as the RTF enters warm zones of mass casualty incidents. 424.3 FIRST RESPONSE
If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger, first responding officers should consider reasonable options to reduce, prevent or eliminate the threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances, whether to advance on the suspect, take other actions to deal with the threat or wait for additional resources.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Rapid Response and Deployment
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Rapid Response and Deployment - 2 If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening activity toward others, officers should take immediate action, if reasonably practicable, while requesting additional assistance.

Officers should remain aware of the possibility that an incident may be part of a coordinated multi- location attack that may require some capacity to respond to other incidents at other locations.

When deciding on a course of action officers should consider:
(a) Whether to advance on or engage a suspect who is still a possible or perceived threat to others. Any advance or engagement should be based on information known or received at the time.
(b) Whether to wait for additional resources or personnel. This does not preclude an individual officer from taking immediate action.
(c) Whether individuals who are under imminent threat can be moved or evacuated with reasonable safety.
(d) Whether the suspect can be contained or denied access to victims. (e) Whether the officers have the ability to effectively communicate with other personnel or resources.
(f) Whether planned tactics can be effectively deployed. (g) The availability of rifles, shotguns, shields, breaching tools, control devices and any other appropriate tools, and whether the deployment of these tools will provide a tactical advantage.

In a case of a barricaded suspect with no hostages and no immediate threat to others, officers should consider summoning and waiting for additional assistance (special tactics and/or hostage negotiation team response).
424.3.1 RESPONSE TO SCHOOL THREATS
Upon receiving a threat or perceived threat from a school official that involves grades 6 to 12, officers shall immediately investigate and conduct a threat assessment. The investigation shall include a review of the firearm registry of the California Department of Justice. A reasonable search of the school at issue shall be conducted when the search is justified by reasonable suspicion that it would produce evidence related to the threat or perceived threat (Education Code § 49394).

For purposes of this subsection a "threat" or "perceived threat" means any writing or action of a pupil that creates a reasonable suspicion that the pupil is preparing to commit a homicidal act related to school or a school activity. This may include possession, use, or depictions of firearms, ammunition, shootings, or targets in association with infliction of physical harm, destruction, or death in a social media post, journal, class note, or other media associated with the pupil. It may also include a warning by a parent, pupil, or other individual (Education Code § 49390).

Exhibit 1