Alameda City Council
September 1, 2026

100: Law Enforcement Authority
100.1: PURPOSE AND SCOPE
The purpose of this policy is to affirm the authority of the members of the Alameda Police Department to perform their functions based on established legal authority. 100.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.2.1, 1.2.5 100.2: PEACE OFFICER POWERS
Sworn members of this department are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.1 et seq.). 100.2.1: DELIVERY TO NEAREST MAGISTRATE
When an officer makes an arrest pursuant to a warrant with bail set, and the warrant was issued in a county other than where the person was arrested, the officer shall inform the person in writing of the right to be taken before a magistrate in the county where the arrest occurred (Penal Code § 821; Penal Code § 822).
100.2.2: ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE [agencyName] The arrest authority outside the jurisdiction of the Alameda Police Department includes (Penal Code § 830.1; Penal Code § 836):
a. When the officer has probable cause to believe the person committed a felony. b. When the officer has probable cause to believe the person has committed a misdemeanor in the presence of the officer and the officer reasonably believes there is immediate danger to person or property or of escape. c. When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized even if not committed in the presence of the officer such as certain domestic violence offenses and there is immediate danger to person or property or of escape or the arrest is mandated by statute.
d. When authorized by a cross jurisdictional agreement with the jurisdiction in which the arrest is made.
e. In compliance with an arrest warrant.

On-duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed within the City, or while assisting another agency.

Note: Text in the highlighted
boxes are not part of the policy
updates. This is from the
standard fill in fields on the form.

Exhibit 1

On-duty officers who discover criminal activity outside the jurisdiction of the City should when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest.

100.2.3: ARREST AUTHORITY INSIDE THE JURISDICTION OF THE [agencyName] The arrest authority within the jurisdiction of the Alameda Police Department includes (Penal Code § 830.1; Penal Code § 836):
a. When the officer has probable cause to believe the person has committed a felony, whether or not committed in the presence of the officer. b. When the officer has probable cause to believe the person has committed a misdemeanor in this jurisdiction and in the presence of the officer. c. When the officer has probable cause to believe the person has committed a public offense outside this jurisdiction, in the presence of the officer and the officer reasonably believes there is an immediate danger to person or property, or of escape.
d. When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized or required by statute even though the offense has not been committed in the presence of the officer such as certain domestic violence offenses.
e. In compliance with an arrest warrant.
100.2.4: TIME OF MISDEMEANOR ARRESTS
Officers shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day and 6:00 a.m. of the next day unless (Penal Code § 840):

1. The arrest is made without a warrant pursuant to Penal Code § 836 which includes:

1. A misdemeanor committed in the presence of the officer.

2. Misdemeanor domestic violence offenses (See the Domestic Violence Policy).

2. The arrest is made in a public place.

3. The arrest is made with the person in custody pursuant to another lawful arrest.

4. The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night.

Exhibit 1

100.2.5: OREGON AUTHORITY
Sworn members of this department who enter the state of Oregon in order to provide or attempt to provide law enforcement assistance have Oregon peace officer authority within 50 miles from the California-Oregon border (ORS 133.405). Such authority shall only apply when officers are acting:
a. In response to a request for law enforcement assistance initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.
b. In response to a reasonable belief that emergency law enforcement assistance is necessary to preserve life, and circumstances make it impractical for Oregon law enforcement officials to formally request assistance.
c. For the purpose of assisting Oregon law enforcement officials with emergency assistance in response to criminal activity, traffic accidents, emergency incidents or other similar public safety situations, regardless of whether an Oregon law enforcement official is present at the scene of the incident.

Alameda Police Department officers have no authority to enforce Oregon traffic or motor vehicle laws.

Whenever practicable, officers should seek permission from a department supervisor before entering Oregon to provide law enforcement services. As soon as practicable, officers exercising law enforcement authority in Oregon shall submit any appropriate written reports concerning the incident to the Oregon agency having primary jurisdiction over the area in which the incident occurred.

100.3: AUTHORITY OF ORGANIZATION
Authority of Organization - The Alameda Police Department is organized under authority of Article II, Section 2-3 of the City Charter and reads:

"The City Council shall establish by ordinance offices for the administration of Departments of the City and the incumbents thereof shall be appointed by and hold office at the pleasure of the City Manager. Once established those offices may be changed, deleted or new ones added by vote of a majority of the Council."

100.3.1: AUTHORITY OF SWORN PERSONNEL
Alameda Police Officers are sworn peace officers per Section 830.1 of the California Penal Code, which establishes "any police officer of a city" as a peace officer. The authority of any such peace officer extends to any place in the State of California:
• "As to any public offense committed or which there is probable cause to believe has been committed within the political subdivision which employs him/her; or Exhibit 1

• Where he/she has the prior consent of the Chief of Police, or person authorized by him/her to give such consent, if the place is within a city or of the sheriff, or person authorized by him/her to give such consent, if the place is within a county; or • As to any public offense committed or which there is probable cause to believe has been committed in his/her presence, and with respect to which there is immediate danger to person or property or of the escape of the perpetrator of such offense". • All current written directives in conflict with these policies are hereby replaced. All written directives not in conflict with these policies shall have the same authority as these policies.
• Written directives shall not be issued, amended, or canceled without approval of the Chief of Police, or, in his/her absence, such person designated as Acting Chief of Police.
100.4: POLICY
It is the policy of the Alameda Police Department to limit its members to only exercise the authority granted to them by law.

While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate the abuse of law enforcement authority.

100.5: INTERSTATE PEACE OFFICER POWERS
Peace officer powers may be extended to other states:
a. As applicable under interstate compacts, memorandums of understanding or mutual aid agreements in compliance with the laws of each state. b. When an officer enters an adjoining state in close or fresh pursuit of a person believed to have committed a felony (ARS § 13-3832; NRS 171.158; ORS 133.430).

The person arrested out of state must be taken without unnecessary delay before a magistrate of the county in which the arrest was made (ARS § 13-3833; NRS 171.158; ORS 133.440).

100.6: CONSTITUTIONAL REQUIREMENTS
All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions.

Exhibit 1

200: Organizational Structure and Responsibility

200.1: PURPOSE AND SCOPE
The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public.

200.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 11.1.1, 11.3.1, 12.1.1, 12.1.2, 12.1.3,

15.2.1 200.2: POLICY
The Alameda Police Department will implement and maintain an organizational structure that provides clear and identifiable roles for command, control, and guidance of the Alameda Police Department. Each position and assignment should have clearly identified responsibilities and a defined chain of command.

200.3: DEFINITIONS
The following words, phrases and terms relate to the organization of the Department.

These definitions include the basic principles applicable to the organizational structure of the Department.
• Department - The Alameda Police Department.
• Bureau - The first subordinate organization unit within the Department. • Division - A unit with jurisdiction-wide coverage and immediately subordinate to a bureau.
• Section - A functional unit which may be a sub-unit of a Bureau or Division or under the immediate direction of the Chief of Police. It may be commanded by any rank, depending on its size and the nature and importance of its function. • Unit - Any number of members and/or employees of the Department regularly grouped together under on head to accomplish a police purpose. • Detail - A subdivision of a division, section, or unit, the personnel of which are assigned to a specialized activity.
• Team - A subset of the patrol division composed of sworn officers grouped by shift or schedule.
• Sector - A geographical area of variable size to which one or more officers are specifically assigned to accomplish policing responsibilities. • Unity of Command - The principle of unity of command is that an employee should be under the direct control of one, and only one, immediate supervisor. Additionally, only one supervisor should have charge of any organizational unit, operation or incident. Conflicting orders by several superiors become confused, inefficient, and irresponsible. It is the policy of the Department that the principle of unity of command shall, whenever possible, be practiced in all organizational components of the Department.

Exhibit 1

• Lines of Authority or Chains of Command - Chains of command equate in meaning with lines of authority, which should be as clear and direct as possible. The Chief of Police has separate chains of command for each of the elements reporting to him/her as does each of his/her principal subordinate officers. Though flowing downward, there are several interlocking chains of command, yet there is only a single one going upward from any point in the organizational structure. The chain of command provides for a logical flow of policy, orders, reports, and information. The direction, up or down, is determined by the nature of the communication. All employees shall abide by the lines of authority or chain of command except in cases of emergency.
• The Line Function - That portion of the Department's total activity that is directly concerned with the accomplishment of the Department's objectives in field operations. They are responsible for the primary task of protecting of life and property and render such services required by the public. • Staff and Staff Function - That portion of the Department's total activity that assists the line organization in the accomplishment of Department objectives. • Exercise of Authority - All officers holding any command or supervisory rank within the Department have authority over all officers and employees of the Department of any subordinate rank. Command, or supervision, will ordinarily be exercised only within the scope of the officer's assignment. In an emergency, or when the good of the Department requires it, any command or supervisory officer may direct or correct the activities of any subordinate officer or employee. However, when an officer has directed or corrected an activity of a subordinate officer or employee outside of the normal scope of his/her assignment, he/she shall be held fully responsible for his/her actions.
• Acting - Means the assignment of a person to a position temporarily vacant to act on the part of an employee normally filling such position. • Full Authority in Acting Capacity - Any officer assigned the status "Acting in Command" for any command or supervisory position in the Department shall have full responsibility of the command or supervisory position he/she is occupying. • Staff or Functional Supervision - Staff supervision is supervision by a superior of the performance of subordinates for the purpose of guiding them in the accomplishment of their task when such superior is acting in a supervisory capacity outside the regular chain of command and responsibility and without direct control of the subordinates. He/she may discuss matters with such subordinates and point out mistakes and suggest improvements but shall lack authority to take disciplinary action or to give a command except in cases involving actions by subordinates that may jeopardize the purpose or reputation of the Department. • Span of Control - Span of control includes both span of management and span of supervision. Span of control refers simply to the number of subordinates, of whatever rank, who directly report to one person. Due to the nature of police duties and the variety of law enforcement functions, it is almost impossible to fix a uniform limit to the number of employees one supervisor can effectively control. Each bureau of the Department must meet different demands for levels of service.

However, under normal conditions, a ratio of one supervisor to eight employees is considered acceptable.

Exhibit 1

• Authority and Responsibility - It is the policy of the Department that authority shall be commensurate with responsibility. No responsibility shall be assigned to a person unless they have been delegated the authority necessary to fulfill it. In addition, each employee is accountable for his/her use of delegated authority.

Inherent with delegated authority is the latitude to make decisions and take the necessary actions to satisfy the requirements of each assigned position.

Commensurate with the authority, each employee will accept the responsibility for the use, misuse, or failure to use that authority.
• Accountability of Command - Command and supervisory personnel are accountable for the performance of the employees under their immediate control.

While supervisors may delegate to subordinates the authority to perform certain tasks, and may hold those subordinates responsible for the successful conclusion of those tasks, the supervisor remains accountable for the final accomplishment of the delegated task.
200.3.1: PERSONNEL DEFINITIONS
EMPLOYEE When used alone shall mean both peace officers and civilian employees of the Department collectively and a section reading "employee shall" refers to both classifications.
• Member - Any person appointed to the Department as a full-time, regularly salaried peace officer.
• Officer - Shall have the same meaning as "Member".
• Commanding Officer - An officer appointed to the rank of Lieutenant or higher or assigned by the Chief of Police to act in such rank.
• Supervisor - Members or employees of the Department assigned to positions requiring the exercise of immediate supervision over the activities of other members and employees.
• Officer in Charge - Any member below the rank of Lieutenant in charge of an organizational unit.
• Superior Officer - A person holding a high supervisory or command rank or position.
• Civilian - An employee without peace officer status.
• Seniority - Seniority in the Department is established first by rank and secondly by time served in rank. Where conflict occurs because of identical service or dates of appointment, seniority is determined by order of appointment. In situations requiring decision or control where the officers are of equal rank, the senior officer will make the decision and exercise control unless otherwise directed by a superior officer.

Precedence For the purposes of seniority, the following is the precedence of ranks in descending order:
• Chief of Police
• Assistant Chief of Police
Exhibit 1

• Police Captain
• Police Lieutenant
• Police Sergeant
• Police Officer
• Police Professional Staff
• Professional Staff Employee
200.4: ORGANIZATIONAL CHART
The Chief of Police or the authorized designee is responsible for developing and maintaining an organizational chart which shall be accessible to all members. The organizational chart shall be reviewed and updated annually and whenever structural changes occur.

200.5: BUREAUS
The Chief of Police is responsible for administering and managing the Alameda Police Department. There are threetwo bureaus in the Police Department as follows:
• Bureau of Field ServicesOperations
• Bureau of Support Services
• Bureau of Professional Standards
Each bureau is to formulate and annually update written goals and objectives. Established goals and objectives will be made available to all agency personnel.

200.5.1: BUREAU OF SUPPORT SERVICES
The Bureau of Support Services is commanded by a Captain. The Bureau of Support Services consists of Administrative Services, Communications Center, Investigations DivisionCommunity Oriented Policing and Problem Solving Unit, Personnel & Training Unit, Property & Evidence Unit, Records Division, and Technical Services, and the Traffic Unit.

200.5.2: BUREAU OF FIELD SERVICESOPERATIONS
The Bureau of Field ServicesOperations is commanded by a Captain. The Bureau of Field ServicesOperations consists of Animal Control Services, Canine Unit, Critical Incident Response Team, Investigations Division, Marine Unit, and the Patrol Division, and the Traffic Unit.

200.5.3: BUREAU OF PROFESSIONAL STANDARDS
The Bureau of Professional Standards is commanded by a Captain. The Bureau of Professional Standards consists of the Community Oriented Policing and Problem Solving Unit, Inspectional Services Division, Personnel & Training Unit, Property & Evidence Unit, and the Records Division.

200.6: COMMAND AND SUPERVISORY AUTHORITY AND RESPONSIBILITIES Command protocol in situations involving personnel of different offices or sections engaging in a single operation is as follows:

Exhibit 1

1. The command structure always follows the chain of command.

2. Whenever the command structure is not easily distinguishable by rank, responsibility of command remains with the command officer having primary functional responsibility.

3. Whenever command structure is easily distinguishable by rank but the command officer having primary functional responsibility is of lower rank, the responsibility of command remains with the highest ranking officer.

4. Primary functional responsibility means matters that fall within the officer's normal responsibilities and duties.
200.6.1: CHIEF OF POLICE
Authority - The Chief of Police is the chief executive officer of the Department and the final Department authority in all matters of policy, operations, and discipline. The Chief of Police exercises all lawful powers of the office and issues such lawful orders as are necessary to assure the effective performance of the Department.

Responsibilities - Through the Chief of Police, the Department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. The Chief of Police is responsible for planning, directing, coordinating, controlling and staffing all activities of the Department, for its continued and efficient operation, for the enforcement of rules and regulations within the Department, for the completion and forwarding of such reports as may be required by competent authority, and for the Department's relations with the citizens of Alameda, the City government and other agencies.

200.6.2: ASSISTANT CHIEF OF POLICE
Authority - In the absence of the Chief of Police, the Assistant Chief of Police serves as the chief executive officer of the Department and the final Department authority in all matters of policy, operations, and discipline. The Assistant Chief of Police exercises all lawful powers of the office and issues such lawful orders as are necessary to assure the effective performance of the Department.

Responsibilities - Through the Assistant Chief of Police, the Department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. The Assistant Chief of Police is responsible for planning, directing, coordinating, controlling and staffing all activities of the Department, for its continued and efficient operation, for the enforcement of rules and regulations within the Department, for the completion and forwarding of such reports as may be required by competent authority, and for the Department's relations with the citizens of Alameda, the City government and other agencies.

Exhibit 1

200.6.3: POLICE CAPTAIN
Authority - Subject to the authority of the Chief of Police, a Police Captain shall use such primary directives as may be necessary to promote the effective operations of all activities within his/her command.

Responsibilities - Members appointed to the rank of Police Captain ordinarily are assigned to command a bureau of the Department, but may be assigned additional duties by the Chief of Police. A Police Captain shall be responsible for planning, directing, controlling and coordinating all activities within his/her command. A Police Captain will report personally to the Chief of Police as may be required and shall submit such reports relating to his/her command as may be required. The Chief of Police may designate a Police Captain to act as Chief of Police when the former is absent from the City. While acting as Chief of Police, he/she shall possess the powers of the Chief of Police in the conduct of the business of the Department and in carrying out the orders and policies of the Office of the Chief. He/she shall not alter, revise, or countermand such orders or policies except in the case of emergencies.

200.6.4: POLICE LIEUTENANT
The Police Lieutenant may be assigned as a Command Officer in charge of a Division of the Department or a Command Officer in charge of a Platoon or may be assigned such other duties as detailed by the Chief of Police.

200.6.5: COMMAND OFFICER
Authority and Responsibility
Subject to direction from higher command, a commanding officer has direct control over all members and employees within his/her command. In addition to the general and individual responsibilities of all members and employees and supervisory officers, a commanding officer is responsible for the following:
a. Command - The inspection, direction, and control of personnel under his/her command to assure the proper performance of duties and adherence to established rules, regulations, policies and procedures. Providing for continuation of command and/or supervision in his/her absence.
b. Loyalty and Esprit De Corps - The development and maintenance of esprit de corps and loyalty to the Department.
c. Discipline and Morale - The maintenance of discipline and morale within the command and the investigation of personnel complaints not assigned elsewhere. d. Inter-Divisional Action - The promotion of harmony and cooperation with other units of the Department. Initiation of proper action in cases not regularly assigned to his/her command when delay necessary to inform the proper unit might result in a failure to perform a police duty.

Exhibit 1

e. Grievance Resolution - The resolution of personnel grievances in accordance with the provisions of Department directives and current Memorandum of Understanding.
f. Organization and Assignment - Proper organization and assignment of duties within his/her unit to assure proper performance of Department functions and those of his/her command.
g. Reports and Records - Preparation of required correspondence, reports, and maintenance of records relating to the activities of his/her command. Assurance that information is communicated up and down the chain of command as required. h. Maintenance - Assurance that quarters, equipment, supplies and material assigned to his/her command are correctly used and maintained.

200.6.6: OFFICER-IN-CHARGE
Authority and Responsibilities
The Officer-in-Charge, during his/her tour of duty, exercises the same authority and has the same responsibilities as the commanding officer, subject to orders of the Bureau Commander, or higher authority. In the absence of the Commanding Officer, the highest ranking officer on duty becomes the Officer-in-Charge unless otherwise provided. In addition to the general and individual responsibilities of all members and employees, the Officer-in-Charge is specifically responsible for the following:
a. Good Order - The general good order of his/her command during his/her tour of duty to include proper discipline, conduct, welfare, field training and efficiency. b. Roll Call - Conduct of prescribed roll calls, communication of all orders or other information at roll call and inspection and correction of his/her command, as necessary.
c. Reporting - Reporting as required by the Division Commander. Maintenance of such records as specified by higher authority.
d. Personnel Complaints - Inquiry into personnel complaints against members and employees under his/her command in accordance with the appropriate Department directive.

200.6.7: POLICE SERGEANT
The Police Sergeant is a supervisory officer who may be assigned in charge of a watch, platoon, section, or unit of the Department. The Sergeant shall be responsible for officers and employees assigned to his/her watch, platoon, station or unit. A Sergeant may be assigned to field, staff or investigate duties.

200.6.8: SUPERVISORS

AUTHORITY AND RESPONSIBILITIES
In addition to the general and individual responsibilities of all members and employees, each supervisor is specifically responsible for the following:

Exhibit 1

a. Supervision - A supervisor may be assigned to field or staff duties. During his/her tour of duty, he/she must closely supervise the activities of subordinates, making corrections where necessary and commending where appropriate. b. Leadership - Effective supervision demands leadership. Provision of leadership shall include on-the-job training as needed for efficient operation and coordination of effort when more than one member or employee is involved. c. Direction - Supervisors must exercise direct command in a manner that assures the good order, conduct, discipline and efficiency of subordinates. Exercise of command may extend to subordinates outside his/her usual sphere of supervision if the police objective or reputation of the Department so requires and if no other provision is made for personnel temporarily unsupervised. This authority shall not be exercised unnecessarily. If a supervisor requires a subordinate other than his/her own to leave a regular assignment, the supervisor so directing will inform the subordinate's own supervisor as soon as possible.
d. Enforcement of Rules - Supervisors must enforce Department rules and regulations and ensure compliance with Department policies and procedures. e. Inspection - Supervisors are responsible for inspection of activities, personnel and equipment under their supervision and initiation of suitable action in the event of a failure, error, violation, misconduct, or neglect of duty by a subordinate. f. Assisting Subordinates - Supervisors shall have a working knowledge of the duties and responsibilities of their subordinates. They shall observe contacts made with the public by subordinates, be available for assistance or instruction as may be required and take active charge when necessary.
g. Grievance Resolution - The resolution of personnel grievances in accordance with the provisions of Department directives and Memorandum of Understanding. h. Investigative Assignments - A Sergeant when assigned to investigative duties, functions in a supervisory capacity only in those situations when the matter is an investigative assignment; otherwise he/she has staff or functional supervision.

200.6.9: POLICE OFFICER
Police Officers are ordinarily assigned as sector officers. They may be assigned to other related duties or special assignment by Platoon or Division Commanders subject to the approval of the Chief of Police.
a. A Police Officer is responsible for general law enforcement duties and shall be held strictly accountable for the sector or special detail to which he/she is assigned.

He/she shall hold himself/herself in readiness to accept the calls and obey the orders of his/her superiors.
b. A Police Officer assigned as a specialist shall be held strictly accountable for proper and efficient performance of the duties of such special assignment. c. A Police Officer shall work such hours as may be designated by the Platoon or Division Commander, subject to the approval of the Chief of Police.

Exhibit 1

d. A Police Officer assigned to the Patrol Division shall diligently patrol his/her sector in accordance with prescribed patrol practice and procedures. e. A Police Officer shall give immediate attention to calls for assistance, complaints, or other emergencies. He/she shall render such assistance as may be required in an efficient manner, returning to his/her regular duties as soon as practical. He/she shall make an appropriate report to his/her superior, written or oral, as required, as soon as practical upon completion of the service rendered. f. A Police Officer shall stay informed on information concerning the City of Alameda, its public buildings, courts, churches, transportation, boundaries, recreation facilities, county, state and federal offices within the City. He/she shall be available to the public to provide accurate and intelligent assistance to them. 200.6.10: PROFESSIONAL STAFF POLICE EMPLOYEES
A professional staff police employee performs a variety of police related services in the station and in the field.

Station duties may include care and control of property, operation of jail facilities, fingerprinting, identification, photography, radio dispatching, handling bail and monetary transactions, bookkeeping, preparation and control of physical evidence, maintenance of statistical records, preparing written reports, as well as answering questions at a public counter and over the phone.

Field duties may include abandoned vehicle investigation, parking violation enforcement, transportation of prisoners with sworn personnel, animal bite reports, lost and found reports, as well as other police related nonemergency duties.

Professional staff police employees shall work such hours as may be designated by their Platoon or Division Commander, subject to the approval of the Chief of Police.

A professional staff police employee is subject to all Department rules and regulations in the same manner as are officers and other employees of the Department.

200.7: REQUIREMENT TO OBEY LAWFUL ORDERS
Employees must promptly obey any lawful orders, or directives of a supervisor. This includes orders or directives from a superior that an employee of the same or lesser rank relays. If an employee receives a conflicting order or directive, the employee must respectfully call the conflict to the attention of the supervisor giving the last order. If the supervisor giving the last order does not change the order, the employee must obey the last order and is not responsible for disobedience of the first order.

200.7.1: UNLAWFUL ORDERS
Employees must never obey any order that they know or should know would require them to commit any illegal act. If in doubt as to the legality of an order, employees must request Exhibit 1

the issuer to clarify the order or to confer with higher authority. Any employee who disobeys or disregards a supervisor's lawful order or directive, verbal or written, is subject to disciplinary action.

Exhibit 1

204: Emergency Management Plan

204.1: PURPOSE AND SCOPE
The City has prepared an Emergency Management Plan for use by all employees in the event of a major disaster or other emergency event. The plan provides for a strategic response by all employees and assigns specific responsibilities in the event that the plan is activated (Government Code § 8610).

204.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 41.2.4, 46.1.2

204.2: ACTIVATING THE EMERGENCY PLAN
The Emergency Management Plan can be activated in a number of ways. Foron the Police Department,order of the Chiefofficial ofdesignated Policeby orlocal the highest ranking official on duty may activate the Emergency Management Plan in response to a major emergencyordinance.

204.2.1: RECALL OF PERSONNEL
In the event that the Emergency Management Plan is activated, all employees of the Alameda Police Department are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized designee.

Failure to promptly respond to an order to report for duty may result in discipline.

204.3: LOCATION OF THE PLAN
The Emergency Management Plan is available in Administration and the Watch Commander's office. All supervisors should familiarize themselves with the Emergency Management Plan. The Administration supervisor should ensure that department personnel are familiar with the roles police personnel will play when the plan is implemented.

204.4: UPDATING OF MANUALS
The Chief of Police or designee shall review the Emergency Management Plan Manual at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) and should appropriately address any needed revisions.

204.5: DISASTER PREPAREDNESS

204.5.1: PURPOSE
The purpose of this order is to enhance the ability of the Department to manage a major disaster incident.

Exhibit 1

204.5.2: POLICY
Government Code Section 3100 states, "All public employees are declared to be disaster service workers subject to such civil defense activities as may be assigned to them by their superior or by law." It is the policy of the Department that all employees comply with the provision of this general order as well as with Government Code Section 3100 and City of Alameda Administrative Instruction #20.

204.5.3: DEFINITION
For purposes of this policy, and according to the Robert T Stafford Disaster Relief and Emergency Assistance Act of October, 2000, a "major disaster" is defined as any natural catastrophe (including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm or drought) or, regardless of cause, any fire, flood, or explosion.

According to the City of Alameda's Emergency Operations Plan, September, 2001, an emergency that may strike Alameda also includes, but not limited to, a hazardous spill or leak, an industrial or transportation accident, an airplane crash, environmental response or civil unrest.

204.5.4: PROCEDURE
The seriousness of world tensions, terrorist's threats, chemicals hazards and natural disasters cannot be ignored. Therefore, it is the goal of the Department to prepare for, respond to and recover from major disasters and other catastrophic emergencies. In order to prepare for a response to a major disaster, all personnel with a direct role in emergency preparedness, incident management or response shall become familiar with the Department's Incident Command System (ICS), which is predicated on California's Standardized Emergency Management System (SEMS).

Personnel shall become familiar with the National Incident Management System (NIMS), which is mandated through the President's Homeland Security Presidential Directive- 5,Management of Domestic Incidents, and Homeland Security Presidential Directive-8, National Preparedness Goal.

NIMS governs Federal assistance to local governments in the event of a major disaster. All personnel with a direct role in emergency preparedness, incident management or response must complete the National Incident Management System Internet courses, IS-700 and IS- 800, in order for the Department to be within full compliance of the Presidential Directives.

A. Initial Response
a. In the event of a major disaster, the following considerations shall be the responsibility of the first responder:
i. Notification of the Fire Department
Exhibit 1

ii. Stabilize any injured party and request appropriate medical assistance.
iii. Scene isolation. The first responder shall attempt to control the scene to prevent people from further exposure to the disaster. It shall be his/her responsibility to safely direct other officers or emergency personnel into an affected area.
iv. Notification of an APD supervisor
v. Supervisor to notify appropriate Command Staff, (Duty Watch Commander), Bureau of Operations Captain, and Chief of Police vi. Evacuation
vii. Communications
viii. Office of Emergency Services
ix. Department Command Staff shall immediately notify the California and Alameda County Offices of Emergency Services. Upon such notification they will take the necessary action to assure skills, resources, and technical assistance are provided as rapidly as possible.
x. For mass casualty incidents, the on-scene supervisor or Incident Commander shall notify the Chief or Assistant Chief of Inspectors at the Alameda County District Attorney's Office to utilize their assistance with investigation of the incident and/or providing victim services. Contact can be made via the Alameda County Sheriff's Office Emergency Services Dispatch.
204.5.5: EMERGENCY OPERATIONS CENTER
The Emergency Operations Center (EOC) serves as the center of the City's emergency operations. The primary EOC is located at 1809 Grand St., adjacent to Fire Station No. 3. If necessary, the secondary EOC is located within the basement of the Police Administration Building (PAB). Refer to the City's Emergency Operations Plan, September 2001, for complete EOC operating instructions within the PAB.

In the event of a major disaster requiring a full commitment of the Department's personnel and resources, all sworn members of the Department shall make themselves available for mobilization to help carry out the department's responsibilities.

When a major disaster impacts the City of Alameda, all on-duty members shall remain in an active status to fulfill the department's responsibilities.

Exhibit 1

204.6: [DivisionOperations] [DivisionCommander] RESPONSIBILITIES The [DivisionOperations] [DivisionCommander], or the authorized designee, is responsible for:
a. Planning, developing, and maintaining the [departmentoffice]'s response to major disasters or other emergency events in accordance with the Emergency Management Plan. b. Ensuring equipment designated for use during major disasters and other emergency events is inspected at least twice annually to ensure operational readiness.

Exhibit 1

302: Handcuffing and Restraints

302.1: PURPOSE AND SCOPE
This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests.

302.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 70.1.6, 70.2.1

302.2: POLICY
The Alameda Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy, the Transporting Persons in Custody Policy, and department training. Restraint devices shall not be used to punish, to display authority, or as a show of force.

302.3: USE OF RESTRAINTS
Only members who have successfully completed Alameda Police Department-approved training on the use of restraint devices described in this policy are authorized to use these devices.

When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include but are not limited to:
• The circumstances or crime leading to the arrest.
• The demeanor and behavior of the arrested person.
• The age and health of the person.
• Whether the person is known to be pregnant.
• Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes.
• Whether the person has any other apparent disability. 302.3.1: RESTRAINT OF DETAINEES
Situations may arise where it may be reasonable to restrain a person who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to ensure the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee.

302.3.2: RESTRAINT OF PREGNANT PERSONS
Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Leg restraints, waist chains, or handcuffs behind the body Exhibit 1

should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure themself or others, or damage property.

No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the detainee, officers, or others (Penal Code § 3407; Penal Code § 6030). See the Transporting Persons in Custody Policy for guidelines relating to transporting pregnant persons.

302.3.3: RESTRAINT OF JUVENILES
A juvenile under 14 years of age should not be restrained unless they is suspected of a dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist, attempt escape, injure themselves, injure the officer, or damage property.

302.4: APPLICATION OF HANDCUFFS OR PLASTIC CUFFS
Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's hands to ensure officer safety.

Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the Alameda Police Department. Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint.

However, officers should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances.

In most situations, handcuffs should be applied with the hands behind the person's back.

When feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists.

In situations where one pair of handcuffs does not appear sufficient to restrain the person or may cause unreasonable discomfort due to the person's size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs.

When a situation arises where officers are not able to overcome resistance to handcuff a person who has been placed in a prone position, officers shall consider other force options, including, but not limited to, the use of other authorized tactics and techniques, de- escalation, tactical repositioning, or disengaging. Any placement of body weight upon an individual shall be transitory. See the Use of Force Policy for additional guidelines.

Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility.

302.5: APPLICATION OF SPIT HOODS
Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others.

Exhibit 1

Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport.

Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and so that the restrained person can breathe normally. Officers should provide assistance during the movement of a restrained person due to the potential for impairing or distorting that person's vision. Officers should avoid comingling those wearing spit hoods with other detainees.

Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly decontaminated, including hair, head, and clothing, prior to application of a spit hood.

Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use.

302.6: APPLICATION OF AUXILIARY RESTRAINT DEVICES
Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg restraints, and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort, and mobility.

Only department-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary.

302.7: APPLICATION OF LEG RESTRAINT DEVICES
Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint devices approved by the Department shall be used.

The approved device is the legRestraintDevice manufactured by Safe Restraints, Inc., Park City, Utah. It is the only restraint authorized by this department. Officers shall only use the legRestraintDevice supplied by the department.

In determining whether to use the leg restraint, officers should consider:

Exhibit 1

a. Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a person.
b. Whether it is reasonably necessary to protect the person from their own actions (e.g., hitting their head against the interior of the patrol vehicle, running away from the arresting officer while handcuffed, kicking at objects or officers). c. Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol vehicle).

302.7.1: GUIDELINES FOR USE OF LEG RESTRAINTS
When applying leg restraints, the following guidelines should be followed:
a. If practicable, officers shall notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device.
b. Officers shall be mindful of the weight placed on a subject while they are in a prone position.
c. Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat.
d. Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on their stomach for an extended period, as this could reduce the person's ability to breathe.
e. The restrained person should be continually monitored by an officer while in the leg restraint. The officer shall ensure that the person does not roll onto and remain on their stomach.
f. The officershould look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. g. When transported by emergency medical services, officers shall describe to medical personnel any unusual behaviors or other circumstances the officer reasonably believes would be potential safety or medical risks to the person (e.g., prolonged struggle, extreme agitation, impaired respiration).
302.8: REQUIRED DOCUMENTATION
If a person is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints.

Exhibit 1

If a person is arrested, the use of handcuffs or other restraints shall be documented in the related report.

Officers should document the following information in reports, as appropriate, when restraints other than handcuffs are used on a person:
a. The factors that led to the decision to use restraints. b. Supervisor notification and approval of restraint use. c. The types of restraint used.
d. The amount of time the person was restrained.
e. How the person was transported and the position of the person during transport. f. Observations of the person’s behavior and any signs of physiological problems. g. Any known or suspected drug use or other medical problems. 302.9: TRAINING
The Training Sergeant should ensure that officers receive periodic training on the proper use of handcuffs and other restraints, including:
a. Proper placement and fit of handcuffs and other restraint devices approved for use by the Alameda Police Department.
b. Response to complaints of pain by restrained persons. c. Options for restraining those who may be pregnant without the use of leg restaints, waist chains, or handcuffs behind the body.
d. Options for restraining amputees or those with medical conditions or other physical conditions that may be aggravated by being restrained.
e. Proper placement of safely secured persons into an upright or seated position to avoid placement on the stomach for an extended period, as this could reduce the person's ability to breathe.

Exhibit 1

305: Firearms
305.1: 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.

305.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 4.1.3, 4.2.1, 4.3.1, 4.3.2, 4.3.3, 4.3.4,

70.1.6 305.2: 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 Alameda Police Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow.

305.3: AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the Alameda Police 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 Alameda Police 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.

305.3.1: HANDGUNS
MAKE/MANUFACTURER:

The authorized department-issued handgun for uniformed personnel is the Glock Model 17, chambered in9mm.

MODELS:
*Must be chambered in either 9mm.

Exhibit 1

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.

Non-patrol personnel are approved to carry any smaller-framed Glock handgun chambered in 9mm. On-duty personnel shall not carry a magazine that holds more than 17 cartridges.

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.

305.3.2: 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.

305.3.3: SWAT TEAM WEAPONS
Members of the Special Weapons and Tactics Team are authorized to carry the following:
a. Glock Gen 5 G17 9mm handgun,
Exhibit 1

b. Remington 870 12-gauge shotgun,
c. AR-15 5.56mm, semi-automatic rifle,
d. FN 303 Launcher,
e. 40mm Launcher, and
f. Other specialized weapons as authorized by the Critical Incident Response Team Commander or Team Leader.

Additionally, members of the SWAT Sniper Team are authorized to carry a .308 caliber rifle.

305.3.4: 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:

1. The member may use his/her duty firearm or may use a personally owned firearm that is carried and inspected in accordance with the Personally Owned Duty Firearms requirements in this policy. A member carrying his/her duty firearm will be deemed to have complied with (c), (d) and (e) of this section.

1. The purchase of the personally owned firearm and ammunition shall be the responsibility of the member.

2. The firearm shall be carried concealed at all times and in such a manner as to prevent accidental unintentional cocking, discharge or loss of physical control.

3. It will be the responsibility of the member to submit the firearm to the Rangemaster, or designee, for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the Rangemaster, or designee.

4. Prior to carrying any off-duty firearm, the member shall demonstrate to the Rangemaster, or designee, that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner.

5. The member will successfully qualify with the firearm prior to it being carried.

6. Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Rangemaster, or designee, who will maintain a list of the information.

Exhibit 1

7. If a member desires to use more than one firearm while off-duty, he/she may do so, as long as all requirements set forth in this policy for each firearm are met.

8. Members shall only carry department-authorized ammunition.

9. When armed, officers shall carry their badges and/or Alameda Police Department identification cards under circumstances requiring possession of such identification.
305.3.5: 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.

Members carrying personally owned authorized firearms of a caliber different from the department-issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above at their own expense.

The SWAT Team Commander will issue appropriate commercially manufactured ammunition for SWAT duty use: 12-gauge shotgun breaching rounds, 40mm launcher munitions,.308 caliber field ammunition, 5.56mm/.223 caliber special purpose ammunition, and 12-gauge shotgun gas or less lethal munitions.

The following is the approved list of ammunition for each type of weapon in the department's inventory:
- Handgun: 9mm
- AR-15 Rifle: 5.56mm/.223 caliber
- Sniper Rifle: .308 caliber
- Shotgun: Ballistic fiber bag
- FN 303 Launcher: FM 303 munition
- 40mm Launcher: 40mm direct impact marking round

305.4: DEPLOYMENT OF PATROL RIFLES
Officers may deploy patrol rifles in any circumstance where the officer 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:

Exhibit 1

 When an officer reasonably anticipates an armed encounter.  When an officer is faced with a situation that may require the delivery of accurate and effective fire at long distances.
 When an officer reasonably expects the need to meet or exceed a suspect's firepower.
 When an officer reasonably believes there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage.
 When an officer reasonably believes a suspect may be wearing body armor.  When authorized or requested by a supervisor.
 When needed to euthanize an animal.
305.5: PATROL RIFLE READY CONDITION
Any qualified officer carrying a patrol rifle in the field shall maintain the weapon in the patrol ready status until deployed. A rifle is considered patrol ready when it has been inspected by the officer and meets the following conditions:
 The weapon is toggled to safe
 The chamber is empty
 The rifle bolt is forward
 There is a loaded magazine in the rifle with no more than 28 rounds  The dust cover is closed
 The rifle is secured in the patrol vehicle's rifle rack If any of these conditions are not met, the weapon shall be removed from the vehicle and corrected.

305.6: 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 are the responsibility of the individual member.

305.6.1: REPAIRS OR MODIFICATIONS
Each member shall be responsible for promptly reporting any damage or malfunction of theiran assigned firearm to a supervisor or the Rangemaster.

Firearms that are the property of the Alameda Police Department or personally owned 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.

Exhibit 1

305.6.2: 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.

305.6.3: TACTICAL LIGHTS
Uniformed personnel shall only use department-issued tactical lights.Tactical lights may only be installed on a firearm carried by non-uniformed personnelon- 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.

305.6.4: 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.

305.7: 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.

Exhibit 1

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 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.
305.7.1: 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 handguns 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. Rifles are to be stored in the rifle racks with the magazine removed, bolt open, and bore flag in the chamber.

305.7.2: ADDITIONAL GUIDELINES FOR 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 custody or 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 departmentAlameda Police Department to do so. Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Penal Code § 17060; Penal Code § 25100; Penal Code § 25105; Penal Code § 25145).

305.7.3: 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.

305.7.4: ADDITIONAL GUIDELINES FOR STORAGE IN VEHICLES
Exhibit 1

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).

305.8: 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 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.

Officers shall not carry or utilize the patrol rifle unless they have successfully completed department training. Officers shall thereafter be required to successfully complete quarterly training and qualifications conducted by a patrol rifle instructor.

Any officer who fails to qualify or fails to successfully complete two or more department sanctioned training/qualification sessions within a calendar year will no longer be authorized to carry the patrol rifle without successfully re-taking the initial patrol officer user's course and qualification.

305.8.1: 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:

1. Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency.

Exhibit 1

2. Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training.

3. 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.

305.9: 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 incident reports shall be made as follows:
a. If on-duty at the time of the incident and no property damage occurred, the member shall provide basic information to his/her supervisor. The supervisor shall document the incident in the Risk Management Reporting Portal 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 in the Risk Management Reporting Portal 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. 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 in the Risk Management Reporting Portal 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 in the Risk Management Reporting Portal entry prior to the end of their shift, unless otherwise directed.

Exhibit 1

305.9.1: 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.

305.9.2: 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).

305.9.3: 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 shall not be used.

305.10: [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 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 Alameda Police 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 Exhibit 1

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 inspections, 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 department-issued or 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 Alameda Police 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._

305.10.1: 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.

305.10.2: 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.

305.11: 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):

Exhibit 1

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 Alameda Police 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 Alameda Police 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.

Exhibit 1

j. Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft.
305.12: 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.

Exhibit 1

308: Canines

308.1: PURPOSE AND SCOPE
The Canine Program was established to augment police services to the community. Highly skilled and trained teams of handlers and canines have evolved from the program and are used to supplement police operations to locate individuals, contraband and to apprehend criminal offenders.

308.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 41.1.45, 84.1.4

308.2: ASSIGNMENT
Canine teams should be assigned to assist and supplement the Field Services Bureau to function primarily in assist or cover assignments. However, they may be assigned by the Watch Commander to other functions, such as routine calls for service, based on the current operational needs. The canine teams are assigned to the patrol division, and will choose their shift based on seniority in the unit from the choices identified by the staffing lieutenant. Canine teams may be assigned to normal patrol duties as a beat officer as needed due to operational or staffing requirements.

308.3: CANINE SUPERVISOR
The Canine Supervisor shall be appointed by the Canine Commander, with the approval of the Bureau of Field Services Captain and the Chief of Police. The Canine Supervisor shall be a sergeant who has supervisory responsibility for the Canine Program.

The responsibilities of the Canine Supervisor include, but are not limited to:
a. Verifying deployment, vehicle mileage and training logs are being completed accurately.
b. Conducting periodic reviews of the handler's equipment and canine to verify their care and condition.
c. Attending canine training quarterly to verify the training's suitability and quality. d. Scheduling canine related activities.
e. Scheduling periodic in-house canine training to increase patrol familiarity with the canines.
f. Conducting an initial review of all canine deployments to verify compliance with policy/training/guidelines.

Exhibit 1

308.4: CANINE COMMANDER
The Canine Commander shall be appointed by and directly responsible to the Bureau of Field Services Captain or the authorized designee. The Canine Commander shall be a lieutenant who has command responsibility of the Canine Program.

The responsibilities of the Canine Commander include, but are not limited to:
a. Reviewing all canine deployments to ensure compliance with policy and to identify training issues and other needs of the program.
b. Maintaining a liaison with the training vendor.
c. Maintaining a liaison with command staff and functional supervisors. d. Maintaining a liaison with other agency canine coordinators. e. Maintaining accurate records to document canine activities. f. Recommending and overseeing the procurement of equipment and services for the teams of handlers and canines
g. Verifying the canine teams are scheduled for regular training to maximize their capabilities.
308.5: REQUESTS FOR CANINE TEAMS
Field Services Bureau members are encouraged to request the use of a canine. Requests for a canine team from department units outside of the Field Services Bureau shall be reviewed by the on duty Watch Commander.

308.5.1: OUTSIDE AGENCY REQUEST
All requests for canine assistance from outside agencies must be approved by the on duty/on call commander and are subject to the following:
a. Canine teams shall not be used for any assignment that is not consistent with this policy.
b. The canine handler shall have the authority to decline a request for any specific assignment that he/she deems unsuitable.
c. Calling out off-duty canine teams is discouraged, but may be authorized at the discretion of the on duty watch commander.
d. It shall be the responsibility of the canine handler to coordinate operations with agency personnel in order to minimize the risk of unintended injury.

Exhibit 1

e. Canine teams deploying to an outside agency for a call involving a potential suspect apprehension will be accompanied by at least one other uniformed officer and a supervisor. If a supervisor is unavailable to respond, the request shall be declined. f. It shall be the responsibility of the canine handler to complete all necessary reports or as directed.
308.5.2: PUBLIC DEMONSTRATION
All public requests for a canine team shall be reviewed and, if appropriate, approved by the Canine Commander prior to making any resource commitment. The Canine Commander is responsible for obtaining resources and coordinating involvement in the demonstration to include proper safety protocols. Canine handlers shall not demonstrate any apprehension work unless authorized to do so by the Canine Commander.

308.6: APPREHENSION GUIDELINES
A canine may be used to locate and apprehend a suspect, with supervisor and/or commander approval, if the canine handler reasonably believes that the individual has either committed, is committing or threatening to commit any armed violent felony criminal offense and if any of the following conditions exist:

A. There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officer or the handler.

B. The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance.

C. The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public.

In a situation where a suspect is wanted for an armed violent felony warrant, a mere advisement of a potential felony warrant alone does not justify a canine apprehension deployment. The warrant's validity and criminal offense must be verified prior to deploying the canine, absent an exigent circumstance (i.e. deployment in the defense of the canine handler's life).

A canine may be used to locate and apprehend a suspect, with supervisor or commander approval, if the canine handler reasonably believes that the individual has either committed, is committing or threatening to commit any felony criminal offense or violent misdemeanor offense, when there are specific articulable facts to indicate the suspect is armed and if any of the following conditions exist:

A. There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officer or the handler.

Exhibit 1

B. The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance.

C. The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public.

For the purposes of this section, "armed" is defined as the suspect is armed with, or threatening that they are armed with, any weapon or object that has the potential to cause serious bodily injury or death.

It is recognized that situations may arise that do not fall within the provisions set forth in this policy. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine. Absent exigent circumstances, all deployments of a canine team for apprehension require supervisor and/or commander approval.

Absent a reasonable belief that a suspect has committed, is committing or is threatening to commit an armed violent felony offense, mere flight from a pursuing officer, without any of the above conditions, shall not serve as the basis for the use of a canine to apprehend a suspect.

All canines teams shall be equipped with an electronic collar. The canine teams shall be trained on the use of the electronic collar and the canine shall be equipped with a functional electronic collar when performing apprehension work. The electronic collar shall be tested for functionality prior to deploying the canine, absent an exigent circumstance. Whenever possible, the canine teams shall utilize on-leash tactics or the electronic collar to conduct controlled systematic searches with the canine. Canine teams are discouraged from conducting off leash searches where the canine is out of the handlers visual/auditory range, unless it presents an unnecessary risk to the safety of the involved officers. The specific articulable facts justifying the necessity of an off lead, or off electronic collar, search shall be documented in the report for the deployment.

In all applications, once the suspect has been located and no longer reasonably appears to present a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably practicable.

If the canine has apprehended the suspect with a secure bite, and the handler believes that the suspect no longer poses a threat, the handler should promptly command the canine to release the suspect. After the canine has secured a bite on the suspect, the handler shall continually reassess the threat level of the suspect. Once the handler believes the suspect no longer poses a threat, the canine will be commanded to release the bite.

308.6.1: PREPARATION FOR DEPLOYMENT
Prior to the use of a canine to search for or apprehend any suspect, the canine handler and Exhibit 1

the supervisor on-scene should carefully consider all pertinent information reasonably available at the time. The information should include but is not limited to:
a. The nature and seriousness of the offense meet the guidelines for an apprehension deployment listed in 318.6 above.
b. Whether violence or weapons were used or are anticipated. c. The degree of resistance or threatened resistance, if any, the suspect has shown. d. The suspect's known or perceived age.
e. The potential for injury to officers or the public caused by the suspect if the canine is not utilized.
f. Any potential danger to the public and/or other officers at the scene if the canine is released.
g. The potential for the suspect to escape or flee, and be a threat to the safety of the public, if the canine is not utilized.

As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved members to minimize the risk of unintended injury.

It is the canine handler's responsibility to evaluate each situation and determine whether the use of a canine is appropriate and reasonable. It is the supervisor's responsibility to assess the totality of the circumstances with the canine handler, and approve the use of the canine based on the factors listed above. The canine handler shall recommend to the supervisor that the canine not be used whenever he/she deems deployment is unsuitable.

A supervisor or commander who is sufficiently apprised of the situation may prohibit deploying the canine.

Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine.

308.6.2: WARNINGS AND ANNOUNCEMENTS
Unless it would greatly increase the risk of injury, a clearly audible warning announcing that a canine will be used if the suspect does not surrender should be made prior to releasing a canine. The handler should also include an advisement that if the canine finds the suspect the canine may bite the suspect. The handler should allow a reasonable time for a suspect to surrender and should quiet the canine momentarily to listen for any verbal response to the warning. If feasible, other members should be in a location opposite the warning to verify that the announcement could be heard. Those hearing the announcement at the opposite location shall advise via the radio that the announcement could be heard Exhibit 1

from their location, and have their BWC active to capture the announcements. If available, warnings given in other languages should be used as necessary. If the structure or area is large enough that it is possible the initial announcement could not be heard, the canine handler should pause the search in a safe location, and give additional announcements and opportunities to surrender.

If a warning is not to be given, the canine handler, absent an exigent circumstance, shall receive approval from the supervisor or commander of his/her decision before releasing the canine. In the event of an apprehension, the handler shall document in any related report how the warning was given and, if none was given, the reasons why.

308.6.3: REPORTING DEPLOYMENTS, BITES AND INJURIES
Whenever a canine deployment results in a bite or causes injury to an intended suspect, a supervisor should be promptly notified and the injuries documented in the appropriate police report. All deployments shall be logged in the canine training and use tracking software. The injured person shall be promptly treated by Emergency Medical Services personnel and, if appropriate, transported to an appropriate medical facility for further treatment. The deployment and injuries should also be included in any related incident or arrest report.

Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly reported to the Canine Commander. Unintended bites or injuries caused by a canine should be documented in an administrative report if off duty (memorandum explaining the circumstances), or a miscellaneous police report if they occur on duty.

If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both the individual's injured and uninjured areas shall be photographed as soon as practicable after first tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current department evidence procedures.

The photographs shall be retained until the criminal proceeding is completed and the time for any related civil proceeding has expired.

Canines used by law enforcement agencies are generally exempt from impoundment and reporting requirements. However, the canine shall be made available for examination at any reasonable time if requested by the local health department. The canine handler shall also notify the local health department if the canine exhibits any abnormal behavior after a bite (Health and Safety Code § 121685).

308.7: NON-APPREHENSION GUIDELINES
Properly trained canines may be used to track or search for non-criminals (e.g., lost children, individuals who may be disoriented or in need of medical attention) with supervisor and/or commander approval. The canine handler is responsible for determining the canine's suitability for such assignments based on the conditions and the particular abilities of the canine. When the canine is deployed in a search or other non-apprehension operation, the following guidelines apply:

Exhibit 1

a. Absent a change in circumstances that presents an imminent threat to officers, the canine, or the public, such applications should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual, if located.
b. Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. c. Throughout the deployment, the handler should periodically give verbal assurances that the canine will not bite or hurt the individual and encourage the individual to make him/herself known.
d. Once the individual has been located, the handler should place the canine in a down- stay or otherwise secure it as soon as reasonably practicable. 308.7.1: ARTICLE DETECTION
A canine trained to find objects or property related to a person or crime may be used to locate or identify articles. A canine search shall be conducted on lead or electronic collar and in a manner that minimizes the likelihood of unintended bites or injuries.

308.7.2: NARCOTICS DETECTION
A canine trained in narcotics detection may be used in accordance with current law and under certain circumstances, including:
a. The search of vehicles, buildings, bags and other articles. b. Assisting in the search for narcotics during a search warrant service. c. Obtaining a search warrant by using the narcotics-detection trained canine in support of probable cause.

A narcotics-detection trained canine will not be used to search a person for narcotics. A canine narcotics search shall be conducted on lead or electronic collar and in a manner that minimizes the likelihood of unintended bites or injuries.

308.7.3: BOMB/EXPLOSIVE DETECTION
Because of the high risk of danger to the public and officers when a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection may be considered. When available, an explosive-detection canine team may be used in accordance with current law and under certain circumstances, including:
a. Assisting in the search of a building, structure, area, vehicle, or article where an actual or suspected explosive device has been reported or located.

Exhibit 1

b. Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes, trains).
c. Preventive searches at special events, VIP visits, official buildings, and other restricted areas. Searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives. d. Assisting in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected.

At no time will an explosive-detection trained canine be used to render a suspected device safe or clear.

308.8: CANINE SELECTION
The agency utilizes a contracted vendor for the selection and evaluation of police service canines. Selection criteria include, but are not limited to, canine demeanor, age, medical status, and breed.

308.9: HANDLER SELECTION
The minimum qualifications for the assignment of canine handler include:
a. An officer who is currently off probation.
b. Residing in an adequately fenced, single-family residence (minimum 5-foot high fence with locking gates).
c. Sufficient skill, critical thinking ability and maturity to handle the assignment. This should be assessed via an interview with the Canine Commander and an examination of past ratings.
d. Agreeing to be assigned to the position for a minimum of two years. e. A recommendation for a year-to-year extension will be forwarded by the Canine Commander to the Chief of Police for approval.
308.10: HANDLER RESPONSIBILITIES
The canine handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection and living conditions.

The canine handler will be responsible for the following:
a. Except as required during appropriate deployment, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm.

Exhibit 1

b. The handler shall maintain all department equipment under his/her control in a clean and serviceable condition.
c. The canine handler will be provided high-quality dog food for his/her assigned canine.
d. Each canine team shall be provided a complement of canine equipment to ensure the proper handling and safekeeping of the canine.
e. Handlers shall permit the Canine Commander or Supervisor to conduct spontaneous on-site inspections of affected areas of their homes as well as their canine vehicles to verify that conditions and equipment conform to this policy. f. Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the Canine Commander as soon as possible.
g. When off-duty, the canine shall be in a kennel provided by the City at the home of the handler. When a canine is kenneled at the handler's home, the gate shall be secured with a lock. When off-duty, the canine may be let out of the kennel while under the direct control of the handler.
h. The canine should be permitted to socialize in the home with the handler's family for short periods of time and under the direct supervision of the handler. At no time can anyone other than the handler allow the canine out of the kennel, or enter the kennel without the handler's direct supervision.
i. Under no circumstances will the canine be lodged at another location unless approved by the Canine Commander or Watch Commander.
j. When off-duty, the handler shall not involve the canine in any law enforcement activity or official conduct (absent an exigent circumstance such as the handler being the victim of a violent crime while with the canine) unless approved in advance by the Canine Commander or on duty/on call commander. k. Whenever a canine handler is off-duty for an extended number of days, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the Canine Commander so that appropriate arrangements can be made. If and when commercial boarding is necessary for the safekeeping of the canine in the handler's absence, it shall be at the expense of the department. l. All items assigned to the handler shall be returned to the unit at the end of his/her assignment, except those items which may be purchased by the handler with department approval, should the handler elect to purchase them. Some items, such as the kennel and shelter provided for the canine, have a service life similar in Exhibit 1

length to the assignment. The handler will have the option of keeping those items at the termination of the contract.
m. The canine handler shall be provided with critical incident specific safety and communications equipment appropriate to the assigned tactical mission in the event that a canine team is used for a CIRT operation.
n. Vehicles assigned to the Canine Unit shall be equipped with safety features including automatic door pops, air conditioning, interior temperature monitoring, and rubber rear mats.
o. All canine related expense receipts, including food, temporary shelter, equipment, and miscellaneous supplies, shall be routed through the Canine Commander for approval before being submitted for reimbursement or payment by the City. 308.10.1: CANINE IN PUBLIC AREAS
The canine should be kept on a leash when in areas that allow access to the public.

Exceptions to this rule would include specific law enforcement operations for which the canine is trained.
a. A canine shall not be left unattended in any area to which the public may have access.
b. When the canine vehicle is left unattended, all windows and doors shall be secured in such a manner as to prevent unauthorized access to the canine. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine.This standard of care shall also apply to any privately owned vehicle in which the canine is stored or transported.
308.11: TRAINING
Before assignment in the field, each canine team shall be trained and certified to meet current POST guidelines or other recognized and approved certification standards. Cross- trained canine teams or those canine teams trained exclusively for the detection of narcotics and/or explosives also shall be trained and certified to meet current nationally recognized standards or other recognized and approved certification standards established for their particular skills.

The canine coordinator shall be responsible for scheduling periodic training for all department members in order to familiarize them with how to conduct themselves in the presence of department canines. Because canines may be exposed to dangerous substances such as opioids, as resources are available, the canine coordinator should also schedule periodic training for the canine handlers about the risks of exposure and treatment for it.

Exhibit 1

All canine training shall be conducted while on-duty unless otherwise approved by the canine coordinator or Watch Commander. Each police canine team will receive monthly in- service training that is monitored by a certified trainer.

308.11.1: CONTINUED TRAINING
Each canine team shall thereafter be recertified to meet POST standards and a current nationally recognized standard or other recognized and approved certification standards on an annual basis. Additional training considerations are as follows:
a. Canine teams should receive training as defined in the current contract with the Alameda Police Department canine training provider. b. Canine handlers are encouraged to engage in additional training with approval of the canine coordinator.
c. To ensure that all training is consistent, no handler, trainer, or outside vendor is authorized to train to a standard that is not reviewed and approved by the Alameda Police Department.
308.11.2: FAILURE TO SUCCESSFULLY COMPLETE TRAINING
Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks the team is not certified to perform until graduation or certification is achieved.

When reasonably practicable, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties.

308.11.3: TRAINING RECORDS
All canine training records shall be maintained in the canine handler's and the canine's training file. Canine specific performance, training and duties shall be considered and included in the handler's performance evaluations. The Professional Standards/Training Unit shall also have access to K9 training records.

308.11.4: TRAINING AIDS
Training aids are required to effectively train and maintain the skills of canines.

Officers possessing, using or transporting controlled substances or explosives for canine training purposes must comply with federal and state requirements. Alternatively, the Alameda Police Department may work with outside trainers with the applicable licenses or permits.

308.11.5: CONTROLLED SUBSTANCE TRAINING AIDS
Officers acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics-detection canine training in compliance with state and federal laws (Health & Safety Code § 11367.5; 21 USC § 823(g)).

The Chief of Police or the authorized designee may authorize a member to seek a court order to allow controlled substances seized by the Alameda Police Department to be Exhibit 1

possessed by the member or a narcotics-detection canine trainer who is working under the direction of this department for training purposes, provided the controlled substances are no longer needed as criminal evidence.

As an alternative, the Chief of Police or the authorized designee may request narcotics training aids from the Drug Enforcement Administration (DEA).

These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics.

308.11.6: CONTROLLED SUBSTANCE PROCEDURES
Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of the canine's accidental ingestion of these controlled substances, the following procedures shall be strictly followed:
a. All controlled substance training samples shall be weighed and tested prior to dispensing to the individual canine handler or trainer. b. The weight and test results shall be recorded and maintained by this department. c. Any person possessing controlled substance training samples pursuant to court order or DEA registration shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances.
d. All controlled substance training samples will be inspected, weighed and tested quarterly. The results of the quarterly testing shall be recorded and maintained by the canine coordinator with a copy forwarded to the dispensing agency and the Program Watch Commander. The Canine Commander, along with the Professional Standards Sergeant, will also audit the training aids annually (if applicable) when the Property audit is conducted as required by Lexipol 804.8. e. All controlled substance training samples will be stored in locked, airtight and watertight cases at all times, except during training. The locked cases shall be secured in the trunk of the canine handler's assigned patrol vehicle during transport and stored in an appropriate locked container. There are no exceptions to this procedure.
f. The Canine Commander shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action. g. Any unusable controlled substance training samples shall be returned to the Property and Evidence Unit or to the dispensing agency.

Exhibit 1

h. All controlled substance training samples shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency. 308.11.7: IMMUNITY
All duly authorized peace officers acting in the performance of their official duties and any person working under their immediate direction, supervision or instruction are immune from prosecution under the Uniform Controlled Substance Act while providing substance abuse training or canine drug detection training (Health & Safety Code § 11367.5(b)).

308.11.8: EXPLOSIVE TRAINING AIDS
Officers may possess, transport, store, or use explosives or destructive devices in compliance with state and federal laws (Penal Code § 18800; 18 USC § 842; 27 CFR 555.41).

Explosive training aids designed specifically for canine teams should be used whenever feasible. Due to the safety concerns in the handling and transportation of explosives, inert or non-hazardous training aids should be employed whenever feasible. The use of explosives or destructive devices for training aids by canine teams is subject to the following:
a. All explosive training aids, when not in use, shall be properly stored in a secure facility appropriate for the type of materials.
b. An inventory ledger shall be maintained to document the type and quantity of explosive training aids that are stored.
c. The Canine Commander shall be responsible for verifying the explosive training aids on hand against the inventory ledger once each quarter. d. Only members of the canine team shall have access to the explosive training aids storage facility.
e. A primary and secondary custodian will be designated to minimize the possibility of loss of explosive training aids during and after the training. Generally, the handler will be designated as the primary custodian while the trainer or authorized second person on-scene will be designated as the secondary custodian. f. Any lost or damaged explosive training aids shall be promptly reported to the canine coordinator, who will determine if any further action will be necessary. Any loss of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
308.12: HANDLER COMPENSATION
The canine handler shall be available for call-out under conditions specified by the Canine Commander.

Exhibit 1

The canine handler shall be compensated for time spent in the care, feeding, grooming, and other needs of the canine in accordance with the Fair Labor Standards Act (FLSA), and according to the terms of the collective bargaining agreement (29 USC § 207).

308.13: CANINE CARE AND EQUIPMENT
The handler shall be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection, and living conditions. The handler will be responsible for the following:
a. Unless required by a particular application, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm.
b. The handler shall maintain all Department equipment under their control in a clean and serviceable condition.
c. Handlers shall permit the Canine Unit Manager or Supervisor to conduct spontaneous on-site inspections of affected areas of their residence as well as the canine unit to verify that conditions and equipment conform to this policy. d. Any changes in the living status of the handler which may affect the lodging or environment of the canine shall be reported to the Canine Unit Supervisor as soon as possible.
e. When off-duty, canines shall be maintained in kennels, provided by the City, at the homes of their handlers. When a canine is kenneled at the handler's home, the gate shall be secured with a lock. When off-duty, canines may be let out of their kennels while under the direct control of their handlers.
f. The canine should be permitted to socialize in the home with the handler's family for short periods of time and under the direct supervision of the handler. g. When off-duty, handlers shall not involve their canines in any activity or conduct unless approved in advance by the Canine Unit Supervisor or Watch Commander.

In the event that a canine is injured, or there is an indication that the canine is not in good physical condition, the injury or condition will be reported to the canine coordinator or Watch Commander as soon as practicable and appropriately documented.

All medical attention shall be rendered by the designated canine veterinarian, except during an emergency where treatment should be obtained from the nearest available veterinarian. All records of medical treatment shall be maintained in the handler's personnel file.

The list of required canine equipment is as follows:
a. Spill proof water bowl
Exhibit 1

b. Electronic collar
c. Short lead (four feet to six feet)
d. Long tracking lead (20 feet to 30 feet)
e. Tracking/patrol harness
f. Flat collar with ID patches
g. K9 first aid kit
h. "Pinch" collar
i. K9 patrol vehicle with temperature monitored software j. K9 travel create
k. K9 kennel
308.14: Canine Vehicles
Effective upon approval of the Chief of Police, all Canine Handlers will be assigned an "Exclusive Use" City vehicle in accordance with Administrative Policies and Procedures regarding "Vehicle and Equipment Use Maintenance Policy." The use of these vehicles includes necessary service, maintenance, and City gasoline for City business use subject to City and Department policies and practices.

The handlers will comply with the City's Vehicle Use Policy and the Department's Lexipol Policy.

The Lexipol Policy and Handler Contract will reflect the following points:

1. The vehicles will be used exclusively for official City business.

2. Handler's issued vehicles will keep a mileage log that shall be audited by the Canine Supervisor and Canine Commander quarterly.

3. Handlers will park the vehicle in a locked garage. If the vehicle is not secured in a locked garage, the vehicle shall be parked off-street at the member's residence and the AR-15 shall be secured at the Police Administration Building prior to driving home.

4. The Canine Supervisor will make a duty roster where one canine handler will be assigned duty each week. The duty handler will be responsible for responding to any request for a canine that has been approved by a watch commander.

Exhibit 1

5. An unexcused violation of the Vehicle Us e Policy or related Lexipol Policy will be a terminable offense.

Exhibit 1

311: Search and Seizure

311.1: PURPOSE AND SCOPE
Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Alameda Police Department personnel to consider when dealing with search and seizure issues.

311.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.2.4, 1.2.5

311.2: POLICY
It is the policy of the Alameda Police Department to respect the fundamental privacy rights of individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this department will comply with relevant federal and state law governing the seizure of persons and property.

The Alameda Police Department will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate.

311.3: SEARCHES
The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions that permit a warrantless search.

Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following:
• Valid consent
• Incident to a lawful arrest
• Legitimate community caretaking interests
• Vehicle searches under certain circumstances
• Exigent circumstances
• Authorization under the terms or conditions of probation or parole supervision Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property, and observations of activities and property located on open public areas.

Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and their familiarity with clearly established rights as determined by case law.

Exhibit 1

Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action.

311.4: SEARCH PROTOCOL
Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit:

A. Members of this department will strive to conduct searches with dignity and courtesy.

B. Officers should explain to the person being searched the reason for the search and how the search will be conducted.

C. Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre-search condition.

D. In order to minimize the need for forcible entry, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated.

E. When the person to be searched is of the opposite sex as the searching officer, a reasonable effort should be made to summon an officer of the same sex as the subject to conduct the search. When it is not practicable to summon an officer of the same sex as the subject, the following guidelines should be followed:
a. Another officer or a supervisor should witness the search. b. The officer should not search areas of the body covered by tight-fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon.
311.5: DOCUMENTATION
Officers are responsible to document any search and to ensure that any required reports are sufficient including, at minimum, documentation of the following:
• Reason for the search
• Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys)
• What, if any, injuries or damage occurred
• All steps taken to secure property
• The results of the search, including a description of any property or contraband seized
Exhibit 1

• If the person searched is the opposite sex, any efforts to summon an officer of the same sex as the person being searched and the identification of any witness officer Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented and that current legal requirements and department policy have been met.

Exhibit 1

313: Temporary Custody of Juveniles

313.1: 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.

313.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 44.2.1, 44.2.2, 44.2.3, 71.1.1, 71.1.2,

71.2.2, 71.3.1, 71.3.2, 71.4.1

313.1.2: 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 as well as escape prevention.

Exhibit 1

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.

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).

313.2: 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.

Exhibit 1

313.3: 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).

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).

313.3.1: 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).

313.3.2: 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).

313.4: 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 Exhibit 1

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).

313.4.1: 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 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).

313.4.2: 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).

313.4.3: 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).

Exhibit 1

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).

313.5: 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).

Exhibit 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).

313.6: 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).
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.

313.7: 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.

Exhibit 1

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).

313.8: 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).
i. Juveniles shall have reasonable opportunities to stand and stretch, particularly if handcuffed or restrained in any way.

Exhibit 1

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).

313.9: 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).

Exhibit 1

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

The personal property of a juvenile should be placed in a property bag. The property should be inventoried in the juvenile’s presence and sealed into the bag. The property should be kept in a monitored or secure location until the juvenile is released from the custody of the Alameda Police Department.

313.11: 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.

Exhibit 1

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).

313.11.1: LOCKED ENCLOSURES
A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure. A second inspection shall be conducted after removing the juvenile. Any damage noted to the room should be photographed and documented in the crime report.

The following requirements shall apply to a juvenile offender who is held inside a locked enclosure:
a. The juvenile shall constantly be monitored by an audio/video system during the entire custody.
b. Juveniles shall have constant auditory access to department members (15 CCR 1147).
c. Initial placement into and removal from a locked enclosure shall be logged (Welfare and Institutions Code § 207.1).
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.
313.12: SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Watch Commander will ensure procedures are in place to address the suicide attempt, Exhibit 1

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 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.
313.12.1: 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.

313.13: 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).

Exhibit 1

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. a. The questions are limited to what is reasonably necessary to obtain the information relating to the threat.
313.13.1: MANDATORY RECORDINGS OF JUVENILES
Any interrogation of an individual under 18 years of age who is in custody and suspected of committing murder shall be audio and video recorded when the interview takes place at a department facility, jail, detention facility, or other fixed place of detention. The recording shall include the entire interview and a Miranda advisement preceding the interrogation (Penal Code § 859.5).

This recording is not mandatory when (Penal Code § 859.5):

A. Recording is not feasible because of exigent circumstances that are later documented in a report.

B. The individual refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded.

C. The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5.

D. The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder.

E. 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.

Exhibit 1

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).

313.14: 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 Division 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
313.15: 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 Division supervisors to ensure that personnel of those bureaus act within legal guidelines.

313.16: 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).

Exhibit 1

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

313.18: TRAINING
Alameda Police Department members should be trained on and familiar with this policy and any supplemental procedures.

All department personnel who detain or process juveniles shall:
 Receive initial training on policy and procedures for the use of designated temporary detention rooms or areas,
 Review this policy annually, and
 Receive in-service training on the procedures for the use of temporary detention rooms and areas every four years or when modifications have been made to the facility equipment or procedures.

Exhibit 1

316: Child Abuse

316.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Alameda Police Department members are required to notify the county Child Protective Services (CPS) of suspected child abuse.

316.1.1: Accreditation Standards
This policy pertains to the following CALEA Standards: 44.2.1, 44.2.2

316.1.2: DEFINITIONS
Definitions related to this policy include:

Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years.

Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child’s care or any other act that would mandate notification to a social service agency or law enforcement (Penal Code § 11165.9; Penal Code § 11166).

316.2: POLICY
The Alameda Police Department will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law.

316.3: MANDATORY NOTIFICATION
The child protection agency shall be notified when (Penal Code § 11166):
a. There is a known or suspected instance of child abuse or neglect reported, which is alleged to have occurred as a result of the action of a person responsible for the child's welfare, or
b. A person responsible for the child's welfare fails to adequately protect the child from abuse when the person knew or reasonably should have known that the child was in danger of abuse.

The District Attorney’s office shall be notified in all instances of known or suspected child abuse or neglect reported to this department. Notification of the District Attorney is not required for reports only involving neglect by a person, who has the care or custody of a child, to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred (Penal Code § 11166).

Exhibit 1

When the abuse or neglect occurs at a licensed facility or is alleged to have resulted from the actions of a person who is required to have a state license (e.g., foster homes, group homes, day care), notification shall also be made to the California Department of Social Services or other applicable licensing authority. When the alleged abuse or neglect involves a child of a minor parent or a dependent adult, notification shall also be made to the attorney of the minor or the dependent adult within 36 hours (Penal Code 11166.1; Penal Code 11166.2).

For purposes of notification, the abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person; sexual abuse (Penal Code § 11165.1); neglect (Penal Code § 11165.2); the willful harming or injuring of a child or the endangering of the person or health of a child (Penal Code § 11165.3); and unlawful corporal punishment or injury (Penal Code § 11165.4). Child abuse or neglect does not include a mutual affray between minors, nor does it include an injury caused by the reasonable and necessary force used by a peace officer acting within the course and scope of the peace officer's employment as a peace officer.

316.3.1: NOTIFICATION PROCEDURE
Notification should occur as follows (Penal Code § 11166):
a. Notification shall be made immediately, or as soon as practicable, by telephone, fax or electronic transmission.
b. A written follow-up report should be forwarded within 36 hours of receiving the information concerning the incident.

316.4: QUALIFIED INVESTIGATORS
Qualified investigators should be available for child abuse investigations. These investigators should:
a. Conduct interviews in child appropriate interview facilities. b. Be familiar with forensic interview techniques specific to child abuse investigations. c. Present all cases of alleged child abuse to the prosecutor for review. d. Coordinate with other enforcement agencies, social service agencies and school administrators as needed.
e. Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate.
f. Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 18961.7).

316.5: INVESTIGATIONS AND REPORTING
In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated.

Exhibit 1

Investigations and reports related to suspected cases of child 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 child abuse victim was contacted. b. The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian.
c. Any relevant statements the child may have made and to whom he/she made the statements.
d. If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. e. Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable. f. Whether the child victim was transported for medical treatment or a medical examination.
g. Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence. h. Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known.
i. Previous addresses of the victim and suspect.
j. Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment.

All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant).

316.5.1: EXTRA JURISDICTIONAL REPORTS
If a report of known or suspected child abuse or neglect that is alleged to have occurred outside this jurisdiction is received, department members shall ensure that the caller is immediately transferred to the agency with proper jurisdiction for the investigation of the case. If the caller cannot be successfully transferred to the appropriate agency, a report shall be taken and immediately referred by telephone, fax, or electronic transfer to the agency with proper jurisdiction (Penal Code § 11165.9).

316.5.2: INITIAL REPORTS OF ABUSE FROM A NONMANDATED REPORTER Members who receive a report of child abuse or neglect shall request the following information from the reporter (Penal Code § 11167):
a. Name and telephone number
b. Information and the source of information that gives rise to the knowledge or reasonable suspicion of child abuse or neglect
If the reporter refuses to provide their name and telephone number, the member should make a reasonable effort to determine the basis for the refusal and inform them that their information will remain confidential.

Exhibit 1

316.6: PROTECTIVE CUSTODY
Before taking any child into protective custody, the officer should make reasonable attempts to contact CPS. Generally, removal of a child from the child's family, guardian, or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation.

Generally, members of this department should remove a child from the child's parent or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the child. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian, unless it reasonably appears that the release would endanger the child or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is delivered to CPS.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody.

Children may only be removed from a parent or guardian in the following situations when a court order cannot reasonably be obtained in a timely manner (Welfare and Institutions Code § 305):
a. The officer reasonably believes the child is a person described in Welfare and Institutions Code § 300, and further has good cause to believe that any of the following conditions exist:

1. The child has an immediate need for medical care.

2. The child is in immediate danger of physical or sexual abuse.

3. The physical environment or the fact that the child is left unattended poses an immediate threat to the child's health or safety. In the case of a child left unattended, the officer shall first attempt to locate and determine if a responsible parent or guardian is available and capable of assuming custody before taking the child into protective custody.
b. The officer reasonably believes the child requires protective custody under the provisions of Penal Code § 279.6, in one of the following circumstances:

1. It reasonably appears to the officer that a person is likely to conceal the child, flee the jurisdiction with the child or, by flight or concealment, evade the authority of the court.

Exhibit 1

2. There is no lawful custodian available to take custody of the child.

3. There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the child.

4. The child is an abducted child.
c. The child is in the company of, or under the control of, a person arrested for Penal Code § 278 (Detainment or concealment of child from legal custodian) or Penal Code § 278.5 (Deprivation of custody of a child or right to visitation) (Penal Code § 279.6).

A child taken into protective custody shall be delivered to CPS unless otherwise directed by court order.

316.6.1: CALIFORNIA SAFELY SURRENDERED BABY LAW
An individual having lawful custody of an infant less than 72 hours old is not guilty of abandonment if the individual voluntarily surrenders physical custody of the infant to personnel on-duty at a safe-surrender site, such as a hospital or fire department (Penal Code § 271.5). The law requires the surrender site to notify CPS.

316.6.2: NEWBORNS TESTING POSITIVE FOR DRUGS
Under certain circumstances, officers can be prohibited from taking a newborn who is the subject of a proposed adoption into protective custody, even when the newborn has tested positive for illegal drugs or the birth mother tested positive for illegal drugs.

Officers shall instead follow the provisions of Welfare and Institutions Code § 305.6 to ensure that the newborn is placed with the adoptive parents when it is appropriate.

316.7: INTERVIEWS

316.7.1: PRELIMINARY INTERVIEWS
Absent extenuating circumstances or impracticality, officers should record the preliminary interview with suspected child abuse victims. Officers should avoid multiple interviews with a child 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. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred.

316.7.2: DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN

INTERVIEW
An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies:

Exhibit 1

a. Exigent circumstances exist, such as:

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

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

3. The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger.
b. A court order or warrant has been issued.

316.7.3: INTERVIEWS AT A SCHOOL
Any student at school who is a suspected victim of child abuse shall be afforded the option of being interviewed in private or selecting any qualified available adult member of the school staff to be present. The purpose of the staff member’s presence is to provide comfort and support. The staff member shall not participate in the interview. The selection of a staff member should be such that it does not burden the school with costs or hardship (Penal Code § 11174.3).

316.8: MEDICAL EXAMINATIONS
If the child has been the victim of abuse that requires a medical examination, the investigating officer should obtain consent for such examination from the appropriate parent, guardian or agency having legal custody of the child. The officer should also arrange for the child’s transportation to the appropriate medical facility.

In cases where the alleged offender is the custodial parent or guardian and is refusing 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 for officers to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination.

316.9: DRUG-ENDANGERED CHILDREN
A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of children exposed to the manufacturing, trafficking or use of narcotics.

316.9.1: SUPERVISOR RESPONSIBILITIES
The Investigations Division supervisor should:
a. Work with professionals from the appropriate agencies, including CPS, other law enforcement agencies, medical service providers and local prosecutors to develop community specific procedures for responding to situations where there are children 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 Division supervisor that the officer has responded to a drug lab or Exhibit 1

other narcotics crime scene where a child is present or where evidence indicates that a child lives there.
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 child.

316.9.2: [Officer_Deputy] RESPONSIBILITIES
Officers responding to a drug lab or other narcotics crime scene where a child is present or where there is evidence that a child lives should:
a. Document the environmental, medical, social and other conditions of the child using photography as appropriate and the checklist or form developed for this purpose. b. Notify the Investigations Division supervisor so an interagency response can begin.

316.10: STATE MANDATES AND OTHER RELEVANT LAWS
California requires or permits the following:

316.10.1: RELEASE OF REPORTS
Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (Penal Code § 841.5; Penal Code § 11167.5).

316.10.2: REQUESTS FOR REMOVAL FROM THE CHILD ABUSE CENTRAL

INDEX (CACI)
Any person whose name has been forwarded to the California Department of Justice (DOJ) for placement in California’s CACI, as a result of an investigation, may request that his/her name be removed from the CACI list. Requests shall not qualify for consideration if there is an active case, ongoing investigation or pending prosecution that precipitated the entry to CACI (Penal Code § 11169). All requests for removal shall be submitted in writing by the requesting person and promptly routed to the CACI hearing officer.

316.10.3: CACI HEARING OFFICER
The Investigations Division supervisor will normally serve as the hearing officer but must not be actively connected with the case that resulted in the person’s name being submitted to CACI. Upon receiving a qualified request for removal, the hearing officer shall promptly schedule a hearing to take place during normal business hours and provide written notification of the time and place of the hearing to the requesting party.

316.10.4: CACI HEARING PROCEDURES
The hearing is an informal process where the person requesting removal from the CACI list will be permitted to present relevant evidence (e.g., certified copy of an acquittal, factual finding of innocence) as to why his/her name should be removed. The person requesting the hearing may record the hearing at his/her own expense.

Exhibit 1

Formal rules of evidence will not apply and the hearing officer may consider, in addition to evidence submitted by the person requesting the hearing, any relevant information including, but not limited to, the following:
a. Case reports including any supplemental reports
b. Statements by investigators
c. Statements from representatives of the District Attorney’s Office d. Statements by representatives of a child protective agency who may be familiar with the case
After considering all information presented, the hearing officer shall make a determination as to whether the requesting party’s name should be removed from the CACI list. Such determination shall be based on a finding that the allegations in the investigation are not substantiated (Penal Code § 11169).

If, after considering the evidence, the hearing officer finds that the allegations are not substantiated, he/she shall cause a request to be completed and forwarded to the DOJ that the person’s name be removed from the CACI list. A copy of the hearing results and the request for removal will be attached to the case reports.

The findings of the hearing officer shall be considered final and binding.

316.10.5: CHILD DEATH REVIEW TEAM
This department should cooperate with any interagency child death review team investigation. Written and oral information relating to the death of a child that would otherwise be subject to release restrictions may be disclosed to the child death review team upon written request and approval of a supervisor (Penal Code § 11174.32).

316.11: TRAINING
The Alameda Police Department should provide training on best practices in child abuse investigations to members tasked with investigating these cases. The training should include:
a. Participating in multidisciplinary investigations, as appropriate. b. Conducting forensic interviews.
c. Availability of therapy services for children and families. d. Availability of specialized forensic medical exams.
e. Cultural competence (including interpretive services) related to child abuse investigations.
f. Availability of victim advocate or guardian ad litem support.

Exhibit 1

318: Public Alerts
318.1: 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.

318.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 41.2.5, 41.2.6, 46.1.10, 81.2.10

318.2: 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.

318.3: RESPONSIBILITIES

318.3.1: MEMBER RESPONSIBILITIES
Members of the Alameda Police Department should notify their supervisor, Watch Commander, or Investigations Division 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.

318.3.2: 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

Exhibit 1

318.4: AMBER ALERTS
The AMBER Alert™ Program is a voluntary pa rtnership between law enforcement agencies, broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in child abduction cases.

318.4.1: CRITERIA FOR AMBER ALERT
The following conditions must be met before activating an AMBER Alert (Government Code § 8594(a)):
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.

318.4.2: 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.

Exhibit 1

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) 318.5: 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.

318.5.1: 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.
318.5.2: 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 Exhibit 1

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
318.6: 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).

318.6.1: 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.

318.6.2: PROCEDURE FOR SILVER ALERT
Requests for a Silver Alert shall be made through the California Highway Patrol (Government Code § 8594.10).

Exhibit 1

318.7: 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).

318.7.1: 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 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.
318.7.2: PROCEDURE FOR YELLOW ALERT
Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15).

318.8: FEATHER ALERT
A Feather Alert may be issued when an Indigenous person is reported missing. 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).

318.8.1: CRITERIA FOR FEATHER 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 Exhibit 1

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 person.
b. The Alameda Police Department has utilized local and tribal resources. c. The investigating officer has determined the person is missing. d. The investigating officer or supervisor believes that the person is in danger 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, 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.
318.8.2: PROCEDURE FOR FEATHER ALERT
Requests for a Feather Alert shall be made through the California Highway Patrol (Government Code § 8594.13).

318.9: 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).

318.9.1: PROCEDURE
Public safety emergency alerts should be activated by following the guidelines issued by the Office of Emergency Services (Government Code § 8593.7).

318.9.2: 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.

Exhibit 1

d. HazMat incidents.
318.11: 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).

318.11.1: 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.
318.11.2: PROCEDURE FOR ENDANGERED MISSING ADVISORIES
Requests for an endangered missing advisory shall be made through the California Highway Patrol (Government Code § 8594.11).

318.12: 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).

318.12.1: 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.

Exhibit 1

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.
318.12.2: PROCEDURE FOR EBONY ALERT
Requests for an Ebony Alert shall be made through the California Highway Patrol (Government Code § 8594.14).

318.13: 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.

318.14: EMERGENCY MESSAGES
Citizens, businesses, emergency providers, hospital personnel, and other law enforcement agencies may request an emergency message be delivered regarding an emergency situation.

Emergency messages require supervisor approval and may include, but are not limited to:
a. Serious illness of a family member
b. Injury as a result of an accident or crime
c. Death notification (when ACSO is unavailable)
d. Hospital staff neeing to speak to a family member
e. Law enforcement agency needing to speak to a family member f. Other requests, as approved.

Exhibit 1

All emergency message requests will be entered as a call for service in CAD and dispatched to the appropriate sector officer. The CAD incident will include:
a. As much information from the requesting party as necessary to answer questions that may be asked by the person being notified.
b. The name and telephone number of the person that the party being notified should contact for additional information.

Exhibit 1

321: Standards of Conduct

321.1: PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of the Alameda Police Department and are expected of all department members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this department or a member's supervisors.

The purpose of this directive is to establish a fair and transparent disciplinary system that upholds the integrity of the Alameda Police Department, ensures consistent enforcement of rules, and promotes high standards of employee conduct. This system seeks to correct inappropriate behavior constructively while maintaining employee morale, motivation, and respect for due process.

321.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.1.2, 26.1.4, 26.1.7

321.2: POLICY
The continued employment or appointment of every member of the Alameda Police Department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action.

321.3: GUIDING PRINCIPLES
Fairness and Objectivity: Disciplinary measures shall be based on factual evidence, evaluated objectively, and applied consistently across all levels of the organization.

Due Process: Employees have the right to be informed of allegations, respond to accusations, and appeal disciplinary decisions through a defined grievance procedure.

Training First: Training is encouraged as a proactive and corrective tool to address knowledge or skill deficiencies.

Counseling Before Discipline: Counseling is a key tool in changing negative behavior through respectful dialogue, coaching, and clarity of expectations.

Progressive Discipline: The disciplinary system shall follow a progressive model whenever appropriate, with increasing levels of response based on the severity and/or frequency of the misconduct.

Exhibit 1

Consistency and Proportionality in Discipline: Disciplinary actions will reflect the nature and severity of the employee's conduct. Although a progressive approach is encouraged, disciplinary steps do not require a strict sequence when serious misconduct occurs.

Positive Reinforcement: The disciplinary system is designed not only to correct misconduct but also to reinforce positive behavior and strengthen employee commitment to agency values.

Respect for Due Process: Employees are entitled to notice of alleged misconduct, an opportunity to respond, and access to an appeals process in accordance with agency procedures.

The agency adopts a progressive approach to employee development, which may include:
a. Coaching and Mentorship: Informal guidance provided by supervisors or mentors to reinforce positive behavior and redirect performance challenges. b. Targeted Training and Development: Assignment to job-specific training programs, workshops, continuing education, or other learning resources to build skills and address deficiencies.
c. Performance Improvement Plan (PIP): A structured plan with clearly defined objectives, timelines, and training resources aimed at helping the employee meet established expectations.

Employee Training and Development
• Supervisors shall routinely identify and recommend training programs to assist employees in meeting job requirements and professional standards. • Employees are encouraged to take initiative in pursuing relevant training opportunities and to actively participate in development plans. • The agency shall provide access to internal or external training programs as part of its commitment to workforce development.

Roles and Responsibilities
• Supervisors/Managers shall identify performance issues early, encourage training as a first response, and ensure documentation of all efforts. • Human Resources shall support employee development, coordinate training opportunities, and ensure consistency and fairness in all actions. • Employees are responsible for engaging in training, cooperating with improvement efforts, and contributing to a positive workplace culture. 321.4: GENERAL STANDARDS
Members shall conduct themselves, whether on- or off-duty, in accordance with the United Exhibit 1

States and California constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority.

Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty.

Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct.

321.5: DIRECTIVES AND ORDERS
Members shall comply with lawful directives and orders from any department supervisor or person in a position of authority, absent a reasonable and bona fide justification.

321.5.1: UNLAWFUL OR CONFLICTING ORDERS
Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law or department policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order.

No member is required to obey any order that appears to be in direct conflict with any federal law, state law or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or shall confer with a higher authority. The responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal.

Unless it would jeopardize the safety of any individual, members who are presented with a lawful order that is in conflict with a previous lawful order, department policy or other directive shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order or directive that was initially issued.

The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason.

321.5.2: SUPERVISOR RESPONSIBILITIES
Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for:

Exhibit 1

a. Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control.
b. Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by policy.
c. Directing a subordinate to violate a policy or directive, acquiesce to such a violation, or are indifferent to any such violation by a subordinate. d. The unequal or disparate exercise of authority on the part of a supervisor toward any member for malicious or other improper purpose.
321.6: CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient department service.

321.6.1: LAWS, RULES AND ORDERS
a. Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, requirement or failure to follow instructions contained in department or City manuals.
b. Disobedience of any legal directive or order issued by any department member of a higher rank.
c. Violation of federal, state, local or administrative laws, rules or regulations. 321.6.2: ETHICS
a. Using or disclosing one’s status as a member of the Alameda Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for nondepartment business or activity.
b. The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. c. The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted).
d. Acceptance of fees, gifts or money contrary to the rules of this department and/or laws of the state.

Exhibit 1

e. Offer or acceptance of a bribe or gratuity.
f. Misappropriation or misuse of public funds, property, personnel or services. g. Any other failure to abide by the standards of ethical conduct. 321.6.3: INTOXICANTS
a. Reporting for work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal.
b. Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on- duty performance.
c. Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug or non-prescribed medication to any work site. 321.6.4: SAFETY
a. Failure to observe or violating department safety standards or safe working practices.
b. Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver license, first aid).
c. Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties.
d. Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off- duty.
e. Carrying, while on the premises of the work place, any firearm or other lethal weapon that is not authorized by the member’s appointing authority. f. Unsafe or improper driving habits or actions in the course of employment or appointment.
g. Any personal action contributing to a preventable traffic collision. h. Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours.

Exhibit 1

321.6.5: CONDUCT
a. Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law enforcement agency or that may result in criminal prosecution or discipline under this policy.
b. Unreasonable and unwarranted force to a person encountered or a person under arrest.
c. Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct.
d. Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another.
e. Engaging in horseplay that reasonably could result in injury or property damage. f. Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City.
g. Use of obscene, indecent, profane or derogatory language while onduty or in uniform.
h. Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this department. i. Unauthorized possession of, loss of, or damage to department property or the property of others, or endangering it through carelessness or maliciousness. j. Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person.
k. Activity that is incompatible with a member’s conditions of employment or appointment as established by law or that violates a provision of any memorandum of understanding or contract to include fraud in securing the appointment or hire. l. Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Chief of Police of such action.
m. Any other on or offduty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, Exhibit 1

efficiency or morale, or tends to reflect unfavorably upon this department or its members.
321.6.6: PERFORMANCE

1. Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any workrelated investigation.

2. The falsification of any work-related records, making misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any department record, public record, book, paper or document.

3. Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department related business.

4. Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members.

5. Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members.

6. Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions:

1. While on department premises.

2. At any work site, while onduty or while in uniform, or while using any department equipment or system.

3. Gambling activity undertaken as part of an officer official duties and with the express knowledge and permission of a direct supervisor is exempt from this prohibition.

7. Improper political activity including:

1. Unauthorized attendance while onduty at official legislative or political sessions.

Exhibit 1

2. Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while onduty or,
on department property except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police.

8. Engaging in political activities during assigned working hours except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police.

9. Any act on or offduty that brings discredit to this department. 321.6.7: EFFICIENCY
a. Neglect of duty.
b. Unsatisfactory work performance including but not limited to failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work assignments, or the instructions of supervisors without a reasonable and bona fide excuse.
c. Concealing, attempting to conceal, removing, or destroying defective or incompetent work.
d. Unauthorized sleeping during on-duty time or assignments. e. Failure to notify the Alameda Police Department within 24 hours of any change in residence address or contact numbers.
f. Failure to notify the Department of Human Resources of changes in relevant personal information (e.g., information associated with benefits determination) in a timely fashion.
321.6.8: UNAUTHORIZED ACCESS, DISCLOSURE, OR USE

1. Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the member’s position with this department.

1. Members of this department shall not disclose the name, address, or image of any victim of human trafficking except as authorized by law (Penal Code § 293).

2. Disclosing to any unauthorized person any active investigation information.

3. The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this department for personal Exhibit 1

or financial gain or without the express authorization of the Chief of Police or the authorized designee.

4. Loaning, selling, allowing unauthorized use, giving away, or appropriating any department property for personal use, personal gain, or any other improper or unauthorized use or purpose.

5. Using department resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and nonsubpoenaed records.
321.6.9: ATTENDANCE
a. Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permission and approval.
b. Unexcused or unauthorized absence or tardiness.
c. Excessive absenteeism or abuse of leave privileges.
d. Failure to report to work or to the place of assignment at the time specified and fully prepared to perform duties without reasonable excuse.
321.6.10: RELATIONSHIPS
a. Unwelcome solicitation of a personal or sexual relationship while onduty or through the use of one’s official capacity.
b. Engaging in on-duty sexual activity, including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact. c. Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect, or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. d. Associating with or joining a criminal gang, organized crime, and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this department.
e. Associating on a personal, rather than official basis with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this department.

Exhibit 1

f. Participation in a law enforcement gang as defined by Penal Code § 13670.

Participation is grounds for termination (Penal Code § 13670). 321.6.11: DISCRIMINATION, OPPRESSION, OR FAVORITISM
Unless required by law or policy, discriminating against, oppressing, or providing favoritism to any person because of actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, economic status, cultural group, veteran status, marital status, and any other classification or status protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the conduct is unlawful.

321.7: FINDINGS
One of the findings listed below will be included in the report of investigation of an alleged act of misconduct.

Unfounded: The investigation indicates that the act or acts complained of did not occur or failed to involve police personnel.

Exonerated: Acts did occur but were justified, lawful and proper.

Not Sustained: Investigation fails to discover sufficient evidence to clearly prove or disprove the allegations made in the complaint.

Sustained: The investigation disclosed sufficient evidence to clearly prove the allegations made in the complaint.

Not Involved: Investigation established that the individual indicated in the allegation was not involved in the alleged incident.

321.8: PENALTIES
Subject to the provisions of the Charter of the City of Alameda, the rules of the Civil Service Board, and when necessary, the approval of the City Manager, the following penalties may be assessed against any member or employee of the Department as disciplinary action:
• Counseling & Training
• Oral reprimand
• Written reprimand
• Suspension
• Fine
• Demotion
• Dismissal
The following factors shall be considered when determining disciplinary action:
a. Severity of the offense,
Exhibit 1

b. Frequency and pattern of prior behavior,
c. Employee's length of service and performance history, d. Impact on agency operations, safety, or reputation,
e. Intent and circumstances surrounding the misconduct, and f. Mitigating or aggravating factors.
321.8.1: COUNSELING & TRAINING
In some cases, counseling and training may be an appropriate level of discipline or included with other levels of discipline. In determining whether counseling and training is appropriate, the employee's Division Commander should consider the seriousness of the violation and whether counseling and training will assist in correcting deficiencies in employee performance. This can be accomplished by:
a. Documenting the need for training to correct deficiencies in employee performance. b. Provide the employee with appropriate training to correct deficiencies in employee performance and determine that the employee has acknowledged and benefited from the training to where it has assisted in correcting his/her performance. c. Document that the training has been provided to the employee. 321.8.2: WRITTEN REPRIMANDS
Written reprimands shall be administered by management level employees. They may include:
a. A summary of the circumstances.
b. A narrative identifying the policy violations.
c. Admonishment that future violations may result in progressive discipline.

Any employee wishing to formally appeal a written reprimand or punitive transfer must submit a written request to the Chief of Police within thirty (30) days of receipt of the written reprimand or the notice of punitive transfer (Government Code § 3306).

Absent a written stipulation to the contrary, the employee will be provided with an administrative hearing before the Chief of Police, or their designee, within ten (10) days.

The decision to sustain, modify or dismiss the written reprimand or punitive transfer shall be final and binding.

321.8.3: SUSPENSIONS
The Chief of Police, or their designee, can recommend disciplinary suspensions for employees. The procedures for a disciplinary suspension are as follows:

Exhibit 1

a. A disciplinary suspension will be scheduled as soon as practical and the date(s) of the suspension shall be scheduled according to Department staffing needs and/or limitations.
b. The date(s) shall be decided by the Chief of Police or their designee. c. At no time will the disciplined employee be allowed to work overtime during any pay period that includes suspension from duty.
321.9: APPEALS
Appeals from penalties imposed as disciplinary action measures may be taken as provided in the Charter of the City of Alameda, Rules and Regulations of the Civil Service Board, Section 3300 of the Government Code, and/or applicable Memoranda of Understanding

321.10: EMERGENCY SUSPENSION
The following personnel have the authority to impose an emergency suspension, until the next business day, against any member or employee when it appears that such action is in the best interest of the Department:
• Any Command Officer
• Any Police Sergeant
Follow-up Action on Emergency Suspension - A member or employee receiving an emergency suspension shall be required to report to the Chief of Police on the next business day at 0900 unless otherwise directed by a Commanding Officer. The command or supervisory officer imposing or recommending the suspension shall notify the Bureau Commander and complete a written report for the Chief of Police. The written report shall be completed prior to the employee meeting, and the command or supervisory officer shall report to the Chief of Police.

321.11: DISMISSAL PROCEDURE
In cases where a full-time permanent employee is dismissed from employment, the employee shall be provided with a written statement citing the effective date and the reason for dismissal. In addition, the Human Resources Department will provide the employee with a statement of the status of fringe and retirement benefits.

Exhibit 1

323: Report Preparation

323.1: PURPOSE AND SCOPE
Report preparation is a major part of each officer's job. The purpose of reports is to document sufficient information to refresh the officer’s memory and to provide sufficient information for follow-up investigation and successful prosecution. Report writing is the subject of substantial formalized training and on-the-job training.

323.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.2.5, 82.2.1, 82.2.2

323.1.2: REPORT PREPARATION
Employees should ensure that reports are sufficiently detailed for their purpose and free from errors prior to submission. It is the responsibility of the assigned employee to complete and submit all reports taken during the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held.

Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee will be required by the reviewing supervisor to promptly make corrections and resubmit the report. Employees who dictate reports shall use appropriate grammar, as content is not the responsibility of the typist. Employees who generate reports on computers are subject to all requirements of this policy.

All reports shall accurately reflect the identity of the persons involved, all pertinent information seen, heard or assimilated by any other sense, and any actions taken.

Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. Generally, the reporting employee’s opinions should not be included in reports unless specifically identified as such.

323.2: REQUIRED REPORTING
Written reports are required in all of the following situations on the appropriate department approved form unless otherwise approved by a supervisor.

323.2.1: CRIMINAL ACTIVITY
When a member responds to a call for service, or as a result of self-initiated activity becomes aware of any activity where a crime has occurred, the member shall document the incident regardless of whether a victim desires prosecution. Activity to be documented in a written report includes:

1. All arrests

2. All felony crimes
Exhibit 1

3. Non-Felony incidents involving threats or stalking behavior

4. Situations covered by separate policy. These include:

1. Use of Force Policy

2. Domestic Violence Policy

3. Child Abuse Policy

4. Senior and Disability Victimization Policy

5. Hate Crimes Policy

6. Suspicious Activity Reporting Policy

5. All misdemeanor crimes where the victim desires a report Misdemeanor crimes where the victim does not desire a report shall be documented using the department-approved alternative reporting method (e.g., dispatch log).

323.2.2: NON-CRIMINAL ACTIVITY
The following incidents shall be documented using the appropriate approved report:
a. Anytime an officer points a firearm at any person
b. Any use of force against any person by a member of this department (see the Use of Force Policy)
c. Any firearm discharge (see the Firearms Policy)
d. Anytime a person is reported missing, regardless of jurisdiction (see the Missing Persons Policy)
e. Any found property or found evidence
f. Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting Policy)
g. Suspicious incidents that may indicate a potential for crimes against children or that a child’s safety is in jeopardy
h. All protective custody detentions
i. Suspicious incidents that may place the public or others at risk Exhibit 1

j. Whenever the employee believes the circumstances should be documented or at the direction of a supervisor

323.2.3: DEATH CASES
Death investigations require specific investigation methods depending on circumstances and should be handled in accordance with the Death Investigations Policy. The handling officer should notify and apprise a supervisor of the circumstances surrounding the incident to determine how to proceed. The following cases shall be appropriately investigated and documented using the approved report:
a. Sudden or accidental deaths.
b. Suicides.
c. Homicide or suspected homicide.
d. Unattended deaths (No physician or qualified hospice care in the 20 days preceding death).
e. Found dead bodies or body parts.

323.2.4: INJURY OR DAMAGE BY [CityCounty] PERSONNEL
Reports shall be taken if an injury occurs that is a result of an act of a City employee.

Additionally, reports shall be taken involving damage to City property or City equipment.

323.2.5: MISCELLANEOUS INJURIES
Any injury that is reported to this department shall require a report when:
a. The injury is a result of drug overdose
b. Attempted suicide
c. The injury is major/serious, whereas death could result d. The circumstances surrounding the incident are suspicious in nature and it is desirable to record the event
The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an employee to document any incident he/she deems necessary.

323.2.6: MANDATORY REPORTING OF JUVENILE GUNSHOT INJURIES A report shall be taken when any incident in which a child 18 years or younger suffered an unintentional or self-inflicted gunshot wound. The Records Division shall notify the Exhibit 1

California Department of Public Health (CDPH) of the incident as required by CDPH (Penal Code § 23685).

323.2.7: ALTERNATE REPORTING FOR VICTIMS
Reports that may be submitted by the public via online or other self-completed reporting processes include:

1. Lost property.

2. Misdemeanor thefts of property, other than firearms or materials that threaten public safety, when there is no suspect information, serial number or ability to trace the item.

1. Misdemeanor thefts of cellular telephones may be reported even though they have a serial number.

3. Misdemeanor vandalism with no suspect information and no hate crime implications.

4. Vehicle burglaries with no suspect information or evidence.

5. Stolen vehicle attempts with no suspect information or evidence.

6. Annoying telephone calls with no suspect information.

7. Identity theft without an identifiable suspect.

8. Online or email fraud solicitations without an identifiable suspect and if the financial loss classifies the crime as a misdemeanor.

9. Hit-and-run vehicle collisions with no suspect or suspect vehicle.

10. Supplemental property lists.

Members at the scene of one of the above incidents should not refer the reporting party to an alternate means of reporting without authorization from a supervisor. Members may refer victims to online victim assistance programs (e.g., Federal Communications Commission (FCC) website for identity theft, Internet Crime Complaint Center (IC3) website for computer crimes).

323.2.8: ADDITIONAL REPORTING REQUIREMENTS
Agency personnel shall prepare a record or report anytime a member is dispatched to or otherwise assigned to an incident. Documenting an incident in the current Records Management System (RMS) is always acceptable; however, some incidents may be recorded as follows:

Exhibit 1

a. Computer Aided Dispatch (CAD) Event Number Reports:

1. A CAD Event Number is assigned to all calls-for-service.

2. Information is retrievable in CAD with the Event Number, address and/or date.

3. CAD Event Number Reports are limited to non-criminal calls requiring no further action.

4. CAD Event Number Reports shall include the incident location, nature of the incident, names of the involved persons, the final disposition, and may include additional notes entered by the responding Agency members.

5. When only documenting incidents with a CAD Event Number Report, serious consideration should be given to the nature of the incident, as well as what is being requested by the community member. CAD Event Number Reports are not a replacement for RMS Reports when an RMS Report is applicable. b. Citations/Summonses:

1. May be issued to document offenses such as traffic infractions and citable misdemeanor warrants with positive identification.

2. Citations/summonses issued for offenses other than infractions also require an associated RMS Report. The citation number will be referenced in the report and a copy of the citation/summons will be attached to the report. The report number will be referenced on the citation/summons. 323.3: GENERAL POLICY OF EXPEDITIOUS REPORTING
In general, all officers and supervisors shall act with promptness and efficiency in the preparation and processing of all reports. An incomplete report, unorganized reports or reports delayed without supervisory approval are not acceptable. Reports shall be processed according to established priorities or according to special priority necessary under exceptional circumstances.

323.3.1: GENERAL USE OF OTHER HANDWRITTEN FORMS
County, state and federal agency forms may be block printed as appropriate. In general, the form itself may make the requirement for typing apparent.

323.3.2: TELEPHONE REPORTS
a. PURPOSE AND SCOPE - It is the policy of the department that authorized personnel may obtain information by telephone for the purpose of completing a written report. This method of obtaining information is only acceptable when the incident being reported meets the below criteria:

Exhibit 1

1. Crimes in progress or having just occurred require a police response.

2. Phone reports will only be taken if the incident being reported is "cold" in nature and rapid response by a police unit would not aid in the apprehension of the suspect or in securing evidence at the scene.

3. Incidents with suspects or additional follow-up investigation will not be taken by telephone.
b. PROCEDURE - The following circumstances require dispatching of a field unit, even if the incident would otherwise qualify as a phone report:

1. When a crime is in progress or has just occurred, and police presence may result in the apprehension of the suspect.

2. When police presence is likely to prevent property damage or personal injury.

3. When there is need to process or collect physical evidence.

4. When the incident requires on-the-scene preliminary investigation, i.e., for serious injury, loss items of significant value or sensitivity, and when there are investigative leads requiring immediate attention.

5. When the citizen insists on the presence of an officer. c. QUALIFYING REPORTS - If the police purpose would be better served by sending an officer to the scene to investigate, one will be sent. This decision will be made by the Patrol Sergeant. The following types of incidents may qualify as phone reports, if an authorized person is available to handle:

1. Misdemeanor crimes against property.

2. Simple assaults with no or minor injuries and the suspect is not known.

3. Runaway reports with the runaway being over 15 years old and with a prior runaway report on file.

4. Harassing or annoying telephone calls, unless an officer is needed for the complainant's immediate protection.

5. Lost property.

6. Supplemental reports to existing reports on file.

7. Miscellaneous reports.

Exhibit 1

d. If in the course of the report taking an investigative lead is developed, the report taker will advise the Patrol Sergeant and the follow-up investigation will be assigned to a patrol officer to handle.
e. If after a report has been taken by telephone and an investigative lead is developed, the report will be assigned to a patrol officer for follow-up investigation until the investigation is suspended, cleared, or unfounded.
323.4: REPORT CORRECTIONS
Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor should complete the Report Correction form stating the reasons for rejection. The original report and the correction form should be returned to the reporting employee for correction as soon as practical. It shall be the responsibility of the originating officer to ensure that any report returned for correction is processed in a timely manner.

323.5: REPORT CHANGES OR ALTERATIONS
Reports that have been approved by a supervisor and submitted to the Records Division for filing and distribution shall not be modified or altered except by way of a supplemental report. Reviewed reports that have not yet been submitted to the Records Division may be corrected or modified by the authoring officer only with the knowledge and authorization of the reviewing supervisor.

Exhibit 1

332: Private Persons Arrests

332.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the handling of private person's arrests made pursuant to Penal Code § 837.

332.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.2.5

332.2: ADVISING PRIVATE PERSONS OF THE ARREST PROCESS
Penal Code § 836(b) expressly mandates that all officers shall advise victims of domestic violence of the right to make a private person's arrest, including advice on how to safely execute such an arrest. In all other situations, officers should use sound discretion in determining whether or not to advise an individual of the arrest process.

A. When advising any individual regarding the right to make a private person's arrest, officers should refrain from encouraging or dissuading any individual from making such an arrest and should instead limit advice to the legal requirements for such an arrest as listed below.

B. Private individuals should be discouraged from using force to effect a private person's arrest, and absent immediate threat to their own safety or the safety of others, private individuals should be encouraged to refer matters to law enforcement officials for further investigation or arrest. 332.3: ARRESTS BY PRIVATE PERSONS
Penal Code § 837 provides that a private person may arrest another:

A. For a public offense committed or attempted in his or her presence; B. When the person arrested has committed a felony, although not in his or her presence;
C. When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested has committed it.

Unlike peace officers, private persons may not make an arrest on suspicion that a felony has been committed - the felony must in fact have taken place.

332.4: OFFICER RESPONSIBILITIES
Any officer presented with a private person wishing to make an arrest must determine whether or not there is reasonable cause to believe that such an arrest would be lawful (Penal Code § 847).

Exhibit 1

A. Should any officer determine that there is no reasonable cause to believe that a private person's arrest is lawful, the officer should take no action to further detain or restrain the individual beyond that which reasonably appears necessary to investigate the matter, determine the lawfulness of the arrest and protect the public safety.
a. Any officer who determines that a private person's arrest appears to be unlawful should promptly release the arrested individual pursuant to Penal Code § 849(b)(1). The officer must include the basis of such a determination in a related report.
b. Absent reasonable cause to support a private person's arrest or other lawful grounds to support an independent arrest by the officer, the officer should advise the parties that no arrest will be made and that the circumstances will be documented in a related report.

B. Whenever an officer determines that there is reasonable cause to believe that a private person's arrest is lawful, the officer may exercise any of the following options:
a. Take the individual into physical custody for booking b. Release the individual pursuant to a Notice to Appear c. Release the individual pursuant to Penal Code § 849

332.5: REPORTING REQUIREMENTS
In all circumstances in which a private person is claiming to have made an arrest, the individual must complete and sign a department Private Person's Arrest form under penalty of perjury.

In addition to the Private Person's Arrest Form (and any other related documents such as citations, booking forms, etc.), officers shall complete a narrative report regarding the circumstances and disposition of the incident.

Exhibit 1

343: Conducted Energy Device

343.1: PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of the conducted energy device (CED).

343.1.1: ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 4.1.4, 4.1.5, 4.2.1, 4.3.1, 4.3.2, 4.3.3,

4.3.4 343.2: POLICY
The CED is used in an attempt to control a violent or potentially violent individual. The appropriate use of such a device may result in fewer serious injuries to officers and suspects.

343.3: ISSUANCE AND CARRYING CEDS
Only members who have successfully completed department-approved training may be issued and may carry the CED.

The Bureau of Support Services should keep a log of issued CED devices and the serial numbers of cartridges/magazines issued to members.

CEDs are issued for use during a member's current assignment. Those leaving a particular assignment may be required to return the device to the department inventory.

Officers shall only use the CED and cartridges/magazines that have been issued by the Alameda Police Department. Cartridges/magazines should not be used after the manufacturer's expiration date.

Uniformed officers who have been issued the CED shall wear the device in an approved holster.

Officers who carry the CED while in uniform shall carry it in a holster on the side opposite the duty weapon (Penal Code § 13660).
a. All CEDs shall be clearly distinguishable to differentiate them from the duty weapon and any other device.
b. For single-shot devices, whenever practicable, officers should carry an additional cartridge on their person when carrying the CED.
c. Officers should not hold a firearm and the CED at the same time.

Exhibit 1

Non-uniformed officers shall secure a CED on their person and under their control at all times. Any deviation from this shall be approved at a captain's level.

343.3.1: USER RESPONSIBILITIES
Officers shall be responsible for ensuring that the issued CED is properly maintained and in good working order. This includes a function test and battery life monitoring, as required by the manufacturer, and should be completed prior to the beginning of the officer's shift.

CEDs that are damaged or inoperative, or cartridges/magazines that are expired or damaged shall be returned to the Bureau of Support Services for disposition. Officers shall submit documentation stating the reason for the return and how the CED or cartridge/magazine was damaged or became inoperative, if known. 343.4: VERBAL AND VISUAL WARNINGS
A verbal warning of the intended use of the CED should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to:
a. Provide the individual with a reasonable opportunity to voluntarily comply. b. Provide other officers and individuals with a warning that the CED may be deployed.

If, after a verbal warning, an individual fails to voluntarily comply with an officer's lawful orders and it appears both reasonable and feasible under the circumstances, the officer may, but is not required to, activate any warning on the device, which may include display of the electrical arc, an audible warning, or the laser in a further attempt to gain compliance prior to the application of the CED. The laser should not be intentionally directed into anyone's eyes.

The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the CED in the related report.

343.5: USE OF THE CED
The CED has limitations and restrictions requiring consideration before its use. The CED should only be used when its operator can safely deploy the device within its operational range. Although the CED may be effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options.

If sufficient personnel are available and can be safely assigned, an officer designated as lethal cover for any officer deploying a CED may be considered for officer safety.

Exhibit 1

343.5.1: APPLICATION OF THE CED
The CED may be used, when the circumstances reasonably perceived by the officer at the time indicate that such application reasonably appears necessary to control a person who:
a. Is violent or is physically resisting.
b. Has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, themself, or others.

Mere flight from a pursuing officer, without additional circumstances or factors, is not good cause for the use of the CED to apprehend an individual.

The CED shall not be used to psychologically torment, to elicit statements, or to punish any individual.

343.5.2: SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the CED on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the potential risk of using the device. This includes:
a. Individuals who are known to be pregnant.
b. Elderly individuals or obvious juveniles.
c. Individuals with obviously low body mass.
d. Individuals who are handcuffed or otherwise restrained. e. Individuals known to have been recently sprayed with a flammable chemical agent or who are otherwise known to be in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray.
f. Individuals whose position or activity is likely to result in collateral injury (e.g., falls from height, located in water, operating vehicles).

Any CED capable of being applied in the drive-stun mode (i.e., direct contact without probes as a primary form of pain compliance) should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions.

Exhibit 1

343.5.3: TARGETING CONSIDERATIONS
Recognizing that the dynamics of a situation and movement of the subject may affect target placement of probes, when practicable, officers should attempt to target the back, lower center mass, and upper legs of the subject, and avoid intentionally targeting the head, neck, area of the heart, or genitals. If circumstances result in one or more probes inadvertently striking an area outside of the preferred target zones, the individual should be closely monitored until examined by paramedics or other medical personnel.

343.5.4: MULTIPLE APPLICATIONS OF THE CED
Once an officer has successfully deployed two probes on the subject, the officer should continually assess the subject to determine if additional probe deployments or cycles reasonably appear necessary. Additional factors officers may consider include but are not limited to:
a. Whether it is reasonable to believe that the need to control the individual outweighs the potentially increased risk posed by multiple applications. b. Whether the probes are making proper contact.
c. Whether the individual has the ability and has been given a reasonable opportunity to comply.
d. Whether verbal commands or other options or tactics may be more effective.

343.5.5: ACTIONS FOLLOWING DEPLOYMENTS
Officers should take appropriate actions to control and restrain the individual as soon as reasonably practicable to minimize the need for longer or multiple exposures to the CED.

As soon as practicable, officers shall notify a supervisor any time the CED has been discharged. If needed for evidentiary purposes, the expended cartridge, along with any probes and wire, should be submitted into evidence (including confetti tags, when equipped on the device). The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin.

343.5.6: DANGEROUS ANIMALS
The CED may be deployed against an animal if the animal reasonably appears to pose an imminent threat to human safety.

343.5.7: OFF-DUTY CONSIDERATIONS
Officers are not authorized to carry department CEDs while off-duty.

Officers shall ensure that CEDs are secured while in their homes, vehicles, or any other area under their control, in a manner that will keep the device inaccessible to others.

Exhibit 1

343.6: DOCUMENTATION
Officers shall document all CED discharges in the related arrest/crime report. Photographs should be taken of any obvious probe impact or drive-stun application sites and attached to the CED report form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, audible warning, laser activation, and arcing the device, other than for testing purposes, will also be documented on the report form. Data downloads from the CED after use on a subject should be done as soon as practicable using a department-approved process to preserve the data.

343.6.1: Risk Management Reports
As applicable based on the device type, items that shall be included in the Risk Management Report are::
a. The brand, model, and serial number of the CED and any cartridge/magazine. b. Date, time, and location of the incident.
c. Whether any warning, display, laser, or arc deterred a subject and gained compliance.
d. The number of probes deployed, CED activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications.
e. The range at which the CED was used.
f. The type of mode used (e.g., probe deployment, drive-stun). g. Location of any probe impact.
h. Location of contact in drive-stun mode.
i. Description of where missed probes went.
j. Whether medical care was provided to the subject.
k. Whether the subject sustained any injuries.
l. Whether any officers sustained any injuries.

The Training Sergeant should periodically analyze the Risk Management Reports to identify trends, including deterrence and effectiveness. The Training Sergeant should also conduct audits of CED device data downloaded to an approved location and reconcile Risk Exhibit 1

Management Reports with recorded activations. CED information and statistics, with identifying information removed, should periodically be made available to the public.

343.6.2: REPORTS
The officer should include the following in the arrest/crime report:
a. Identification of all personnel firing CEDs
b. Identification of all witnesses
c. Medical care provided to the subject
d. Observations of the subject's physical and physiological actions e. Any known or suspected drug use, intoxication, or other medical problems 343.7: MEDICAL TREATMENT
Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel or officers trained in probe removal and handling should remove CED probes from a person's body. Used CED probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately.

Universal precautions should be taken.

All persons who have been struck by CED probes or who have been subjected to the electric discharge of the device, or who sustained direct exposure of the laser to the eyes shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel:
a. The person is suspected of being under the influence of controlled substances and/or alcohol.
b. The person may be pregnant.
c. The person reasonably appears to be in need of medical attention. d. The CED probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck).
e. The person requests medical treatment.

Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully Exhibit 1

documented in related reports. If an audio/video recording is made of the contact or an interview with the individual, any refusal should be included, if possible.

The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the CED (see the Medical Aid and Response Policy).
343.8: SUPERVISOR RESPONSIBILITIES
When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CED may be used. A supervisor should respond to all incidents where the CED was activated.

A supervisor should review each incident where a person has been exposed to a CED. The device's internal logs should be downloaded by a supervisor and saved with the related arrest/crime report. The supervisor should arrange for photographs of probe sites to be taken and witnesses to be interviewed.

343.9: TRAINING
Personnel who are authorized to carry the CED shall be permitted to do so only after successfully completing the initial department-approved training. Any personnel who have not carried the CED as a part of their assignment for a period of six months or more shall be recertified by a department-approved CED instructor prior to again carrying or using the device.

Proficiency training for personnel who have been issued CEDs should occur every year. A reassessment of an officer's knowledge and/or practical skill may be required at any time if deemed appropriate by the Defensive Tactics Coordinator or Training Division. All training and proficiency for CEDs will be documented in the officer's training file. Training files will be retained in the department's database.

Command staff, supervisors and investigators should receive CED training as appropriate for the investigations they conduct and review.

Officers who do not carry CEDs should receive training that is sufficient to familiarize them with the device and with working with officers who use the device.

The Training Sergeant is responsible for ensuring that all members who carry CEDs have received initial and annual proficiency training. Periodic audits should be used for verification.

Application of CEDs during training could result in injury to personnel and should not be mandatory for certification.

The Training Sergeant should ensure that all training includes:

Exhibit 1

a. A review of this policy.
b. A review of the Use of Force Policy.
c. Performing weak-hand draws or cross-draws to reduce the possibility of unintentionally drawing and firing a firearm.
d. Target area considerations, to include techniques or options to reduce the unintentional application of probes near the head, neck, chest and groin. e. Handcuffing a subject during the application of the CED and transitioning to other force options.
f. De-escalation techniques.
g. Restraint techniques that do not impair respiration following the application of the CED.

Exhibit 1

403: Crime and Disaster Scene Integrity
403.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidance in handling a major crime or disaster.

403.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA standards: 46.1.10, 83.2.6

403.2: POLICY
It is the policy of the Alameda Police Department to secure crime or disaster scenes so that evidence is preserved, and to identify and mitigate the dangers associated with a major crime or disaster scene for the safety of the community and those required to enter or work near the scene.

403.3: SCENE RESPONSIBILITY
The first officer at the scene of a crime or major incident is generally responsible for the immediate safety of the public and preservation of the scene. Officers shall also consider officer safety and the safety of those persons entering or exiting the area, including those rendering medical aid to any injured parties. Once an officer has assumed or been assigned to maintain the integrity and security of the crime or disaster scene, the officer shall maintain the crime or disaster scene until he/she is properly relieved by a supervisor or other designated person.

403.4: FIRST RESPONDER CONSIDERATIONS
The following list generally describes the first responder’s function at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation:
a. Broadcast emergency information, including requests for additional assistance and resources.
b. Provide for the general safety of those within the immediate area by mitigating, reducing or eliminating threats or dangers.
c. Locate or identify suspects and determine whether dangerous suspects are still within the area.
d. Provide first aid to injured parties if it can be done safely. e. Evacuate the location safely as required or appropriate. f. Secure the inner perimeter.
g. Protect items of apparent evidentiary value.

Exhibit 1

h. Secure an outer perimeter.
i. Identify potential witnesses.
j. Start a chronological log noting critical times and personnel allowed access. 403.5: SEARCHES
Officers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims, and to determine if suspects are present and continue to pose a threat. Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until additional or alternate authority for the search is obtained, such as consent or a search warrant.

403.5.1: CONSENT
When possible, officers should seek written consent to search from authorized individuals.

However, in the case of serious crimes or major investigations, it may be prudent to also obtain a search warrant. Consent as an additional authorization may be sought, even in cases where a search warrant has been granted.

403.6: DOCUMENTATION
Members who process a crime scene for investigative purposes shall complete a report on the sequence of events associated with the collection of evidence. The report should contain:
a. Date of time of arrival at the scene
b. Location of occurrence
c. Victim’s name (if known)
d. Suspect’s name (if known)
e. Actions taken (e.g., photographs, videos, diagramming, etc.) f. Whether measurements were taken
g. Inventory of recovered evidence

403.7: EXECUTION OF HEALTH ORDERS
Any sworn member of this department is authorized to enforce all orders of the local health officer that have been issued for the purpose of preventing the spread of any contagious, infectious or communicable disease (Health and Safety Code § 120155).

Exhibit 1

407: Hazardous Material Response

407.1: PURPOSE AND SCOPE
Exposure to hazardous materials presents potential harm to department members and the public. This policy outlines the responsibilities of members who respond to these events and the factors that should be considered while on-scene, including the reporting of exposures and supervisor responsibilities. To comply with 8 CCR § 5194, the following is to be the policy of this department.

407.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 46.3.2

407.1.2: DEFINITIONS
Definitions related to this policy include:

Hazardous material – A substance which, by its nature, containment, or reactivity, has the capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly managed.

407.1.3: HAZARDOUS MATERIAL INCIDENT
A hazardous materials incident is a solid, liquid or gaseous product, that can cause harm to life or property, which has been spilled, vented, or otherwise released from its normal safe containment.

407.2: POLICY
It is the policy of the Alameda Police Department to respond to hazardous material emergencies with due regard for the safety of the public and those members responding to such incidents.

407.3: HAZARDOUS MATERIAL RESPONSE
Members may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill, or fire. When members come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and citizens.

The following steps should be considered at any scene involving suspected hazardous materials:
a. Attempt to identify the type of hazardous substance from a safe distance using distance-observing devices (e.g., binoculars, spotting scopes, unmanned aerial systems) if they are available. (Identification can be determined by placard:

1. Placard, drivercontainer labeling, or Safety Data Sheets.

Exhibit 1

2. Driver's manifest, or statements from the person transporting) the material.

3. Other visual or physical warnings.
b. Notify the fire department.
c. Provide first-aid for injured parties if it can be done safely and without contamination.
d. Begin evacuation of the immediate area and surrounding areas, depending on the substance. Voluntary evacuation should be considered; however, depending on the substance, mandatory evacuation may be necessary.
e. Notify the local health authority. Such notification is mandatory when a spilled or released item is a pesticide (Health and Safety Code § 105215). f. Notify the Department of Toxic Substances Control. This is mandatory when an officer comes in contact with, or is aware of, the presence of a suspected hazardous substance at a site where an illegal controlled substance is or was manufactured (Health and Safety Code § 79355).

Members should have access to the North American Emergency Response Guidebook.

407.3.1: HAZARDOUS MATERIAL SCENE MANAGEMENT
The responsibility for the scene management of all on-highway hazardous material spills rests with the Alameda Police Department. Responsibility for the management of all off- street hazardous material spills rests with the Alameda Fire Department.

If the scope of the hazardous materials incident involves multiple agencies, a large portion of the city, evacuation of a significant number of people, poses a major danger to the public or is likely to escalate to a major danger, the senior command officer, on duty, shall invoke emergency operations, provide for activating the Emergency Operations Center and implement the Incident Command System, for managing the emergency situation.

The Fire Department, regardless of whether the incident is on or off the streets, has primary responsibility for the technical aspects associated with the scene management, such as assisting in identification of the material, fire control, containment, and providing for clean up.

407.3.2: RESPONSIBILITIES
In the event of a hazardous material spill on or off a public roadway, police personnel shall be responsible for the following:
• Notification of Alameda Fire Department
• Scene management (streets)
Exhibit 1

• Scene isolation
• Evacuation
• Communications
• Public information releases
• Office of Emergency Services (OES) notification
Proper documentation including a crime or miscellaneous report if appropriate. A log should also be maintained, recording all personnel exposed to the hazard.

407.3.3: NOTIFICATIONS
When appropriate, the following organizations shall be contacted for advice and/or assistance. If a phone is available at the scene of a hazardous materials incident, it shall be the responsibility of the scene manager, or his/her designee, to make the calls. If no phone is available, the calls shall be made by Communications Center personnel, at the request of the scene manager.
• Alameda County Department of Environmental Health, Hazardous Materials Division
• California Department of Transportation (Cal-Trans) Oakland Communications • Chemical Transportation Emergency Center (CHEMTREC)
• Federal Bureau of Investigation (F.B.I.)
• National Response Center (N.R.C.)
• Officer of Emergency Services (O.E.S.)
• U.S. Coast Guard
• Alameda County District Attorney's Environmental Protection Unit • Alameda County Flood Control
• Alameda County Department of Environmental Health, Hazardous Materials Division
• Also notify Alameda County Fire Department
• Alameda County Medical Waste Program
• California Department of Fish and Game
• California Highway Patrol Environmental Crimes
• Cal OSHA
• Drug Enforcement Administration (DEA) Lab Crew
• Oakland Fire Department
• Regional Water Quality Control Board
• United States Environmental Protection Agency Spill Line 407.4: REPORTING EXPOSURE
Alameda Police Department members who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the member in an employee memorandum that shall be forwarded via chain of command to the Watch Commander as soon as practicable. Should the affected member be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the report.

Exhibit 1

Injury or illness caused or believed to be caused from exposure to hazardous materials shall be reported the same as any other on-duty injury or illness in addition to a crime report or incident report as applicable.
407.4.1: SUPERVISOR RESPONSIBILITY
When a supervisor has been informed that a member has been exposed to a hazardous material, the supervisor shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure.

To ensure the safety of members, safety equipment is available through supervisory personnel. Safety items not maintained by the Alameda Police Department will be obtained through the fire department.

407.4.2: HAZARDOUS MATERIALS COORDINATOR
The Traffic Sergeant is designated as the Department's Hazardous Materials Coordinator.

He/she is responsible for inter-agency coordination and review of hazardous materials incidents and investigations.

407.5: CRIMINAL INVESTIGATION
Many hazardous materials incidents, including traffic collisions, involve violations of criminal law. It shall be the policy of this Department to treat the scene of any hazardous materials incident as a crime scene, until it has been determined that no crime was committed.

407.6: TRAINING
The Training Sergeant shall ensure that annual hazardous materials training is provided to all officers.

Exhibit 1

415: Foreign Diplomatic and Consular
Representatives

415.1: PURPOSE AND SCOPE
This policy provides guidelines to ensure that members of the Alameda Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law.

415.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.2.5

415.2: POLICY
The Alameda Police Department respects international laws related to the special privileges and immunities afforded foreign diplomatic and consular representatives assigned to the United States.

All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them.

415.3: CLAIMS OF IMMUNITY
If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay:
a. Notify a supervisor.
b. Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person’s status. c. Request the person’s identification card, either issued by the U.S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities. d. Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free at 866-217-2089, or at another current telephone number and inform the center of the circumstances.
e. Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed.

Exhibit 1

Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state.

415.4: ENFORCEMENT
If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following:

1. Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation.

Category Arrested or
Detained
Enter
Residence
Subject to
Ordinary
Procedures
Issued
Traffic
Citation
Subpoenaed
as Witness
Prosecuted Recognized Family
Members
Diplomatic Agent No
(note (b))
No Yes No No Same as sponsor (full
immunity & inviolability)
Member of Admin
and Tech Staff
No
(note (b))
No Yes No No Same as sponsor (full
immunity & inviolability)
Service Staff Yes
(note (a))
Yes Yes Yes No for official
acts.

Yes otherwise
(note (a))
No immunity or inviolability
(note (a))
Career Consul
Officer
Yes if for a
felony and
pursuant to a
warrant
(note (a))
Yes
(note (d))
Yes No for official
acts
Testimony
may not be
compelled in
any case
No for official
acts.

Yes otherwise
(note (a))
No immunity or inviolability
Honorable Consul
Officer
Yes Yes Yes No for official
acts
Yes
otherwise.

No for official
acts
Yes otherwise
No immunity or inviolability
Consulate
Employees
Yes
(note (a))
Yes Yes No for official
acts
Yes
otherwise.

No for official
acts.

Yes otherwise
(note (a))
No immunity or inviolability
(note (a))
Int’l Org Staff
(note (b))
Yes
(note (c))
Yes
(note (c))
Yes Yes
(note (c))
No for official
acts.

Yes otherwise
(note (c))
No immunity or inviolability
Diplomatic-Level
Staff of Missions to
Int’l Org
No
(note (b))
No Yes No No Same as sponsor (full
immunity & inviolability)
Support Staff of
Missions to Int’l
Orgs
Yes Yes Yes Yes No for official
acts
Yes otherwise
No immunity or inviolability
Exhibit 1

2. All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts.

3. An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities.

1. Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled.

4. The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized:

1. Diplomatic-level staff of missions to international organizations and recognized family members

2. Diplomatic agents and recognized family members

3. Members of administrative and technical staff of a diplomatic mission and recognized family members

4. Career consular officers, unless the person is the subject of a felony warrant

5. The following persons may generally be detained and arrested:

1. International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents.

2. Support staff of missions to international organizations

3. Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries.

4. Honorary consular officers

5. Whenever an officer arrests and incarcerates, or detains for investigation for over two hours, a person with diplomatic and consular privileges and immunities, the officer shall promptly advise the person that he/she is entitled to have his/her government notified of the arrest or detention (Penal Code § 834c). If the individual wants his/her government notified, the officer shall begin the notification process.

Exhibit 1

415.5: DOCUMENTATION
All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic and consular representatives should be thoroughly documented and the related reports forwarded to DOS.

415.6: DIPLOMATIC IMMUNITY TABLE
Reference table on diplomatic immunity:

Notes for diplomatic immunity table:

A. This table presents general rules. The employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements.

B. Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or in the prevention of serious criminal acts.

C. A small number of senior officers are entitled to be treated identically to diplomatic agents.

D. Note that consul residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry.

Exhibit 1

416: Rapid Response and Deployment
416.1: 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.

416.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA standards: 46.1.10

416.2: 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.

416.2.1: 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.

Exhibit 1

416.3: 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.

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).

416.3.1: RESPONSE TO SCHOOL THREATS
Upon receiving a threat or perceived threat from a school official that involves grades 6 to Exhibit 1

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).

416.4: COMMAND RESPONSIBILITIES
As soon as practical, a supervisor or command officer shall assume the role of Incident Commander. As additional personnel arrive on scene, the Incident Commander should consider implementing the Incident Command System, which may include the assignment of a Tactical Commander. Absent compelling reasons to the contrary, the Incident Commander shall ensure the tactics described above have been initiated to contain and eliminate the immediate threat. Secondary responsibilities of the Incident Commander may include the assignment of additional duties normally associated with scene management.

Such tasks include, but are not limited to:
• The establishment of an incident command post
• Setting up inner perimeter containment and outer perimeter control • Evacuation of persons from nearby areas that could be in imminent danger • Establishing staging areas and shelter locations
• Assigning a Press Information Officer
• Ensuring that post-operation reporting requirements have been addressed • The establishment of a Rescue Task Force. This should be coordinated with the Fire Department.

If an active shooter incident develops into a long-term hostage or barricaded suspect situation, or results in a protracted crime scene investigation, the Department will attempt to meet our ongoing staffing needs without outside assistance. However, as with any mass casualty incident, the on-scene supervisor or Incident Commander shall notify the Chief or Assistant Chief of Inspectors at the Alameda County District Attorney's Office to utilize their assistance with investigation of the incident and/or providing victim services. Contact can be made via the Alameda County Sheriff's Office Emergency Services Dispatch. If additional staffing is required, a formal request for mutual aid shall be made to the Alameda County Sheriff's Office.

Incident Debriefing: It shall be the responsibility of the Incident Commander to organize and convene a debriefing session as soon as possible following an active shooter incident.

Exhibit 1

The debriefing will be available to all interested law enforcement agencies in the area and will be conducted to enhance preparedness and to increase knowledge of such incidents.

In order to remain in compliance with the Alameda County Chiefs of Police and Sheriff's Association agreement regarding a uniform response to active shooter incidents throughout the county, the Department will ensure that all sworn personnel receive the training necessary to enable them to respond to such incidents in a safe and effective manner.

The Department shall annually review procedures, training, and tactics relevant to active shooter incidents to assess their adequacy and to ensure they are current.

416.5: CONSIDERATIONS
When dealing with a crisis situation members should:
a. Assess the immediate situation and take reasonable steps to maintain operative control of the incident.
b. Obtain, explore and analyze sources of intelligence and known information regarding the circumstances, location and suspect involved in the incident. c. Attempt to attain a tactical advantage over the suspect by reducing, preventing or eliminating any known or perceived threat.
d. Attempt, if feasible and based upon the suspect’s actions and danger to others, a negotiated surrender of the suspect and release of the hostages. 416.6: PLANNING
The Field Services Bureau Commander should coordinate critical incident planning. Planning efforts should consider:
a. Identification of likely critical incident target sites, such as schools, shopping centers, entertainment venues, and sporting event venues. b. Availability of building plans and venue schematics of likely critical incident target sites.
c. Communications interoperability with other law enforcement and emergency service agencies.
d. Training opportunities in critical incident target sites, including joint training with site occupants.
e. Evacuation routes in critical incident target sites.

Exhibit 1

f. Patrol first-response training.
g. Public communication protocols.
h. Command structure using the incident command system, including unified command.
i. Response coordination and resources of emergency medical and fire services. j. Equipment needs, including provision and maintenance of necessary tactical and medical equipment.
k. Mutual aid agreements with other agencies.
l. Coordination with private security providers in critical incident target sites. m. Post-incident recovery, including victim support and after-action reviewTraining and coordination with the Fire Department regarding the Rescue Task Force. 416.7: TRAINING
The Training Sergeant should include rapid response to critical incidents in the training plan. This training should address:
a. Orientation to likely critical incident target sites, such as schools, shopping centers, entertainment venues, and sporting event venues.
b. Communications interoperability with other law enforcement and emergency service agencies.
c. Patrol first-response training, including patrol rifle, shotgun, breaching tool, and control device training.

1. This should include the POST terrorism incident training required for officers assigned to field duties (Penal Code § 13519.12). d. First aid, including gunshot trauma.
e. Reality-based scenario training (e.g., active shooter, disgruntled violent worker). 416.8: ANNUAL REVIEW
The Bureau of Professional Standards shall conduct a documented annual review of related policies and training. The report shall be submitted to the Chief of Police.

Exhibit 1

426: Field Training Officer Program

426.1: PURPOSE AND SCOPE
The Field Training Officer Program is intended to provide a standardized program to facilitate the officer’s from the academic setting to the actual performance of general law enforcement duties of the Alameda Police Department.

It is the policy of this [departmentoffice] to assign all new [police_sheriffs] [officers_deputies] to a structured Field Training Officer Program that is designed to prepare the new [officer_deputy] to perform in a patrol assignment, and possessing all skills needed to operate in a safe, productive, and professional manner. 426.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 33.4.3

426.2: PROGRAM OVERVIEW
Normally, three weeks of the program shall focus on the refinement of basic skills as learned in the basic academy as they pertain to performing the police mission in the City of Alameda. By the end of the training program, the successful trainee must demonstrate that they have the ability to adequately perform all duties required of an Alameda Police Officer.

426.2.1: PROGRAM CONTENT AND FORMAT
This program shall be modeled pursuant to the FTO program compiled by Glenn F.

Kaminsky and Dr. Michael D. Roberts, and taught in POST approved FTO seminars. The program shall consist of three (3) weeks of In-House training and sixteen (16) weeks of In- Field Training. Exceptions may be made for those in the accelerated FTO program. (I). IN-HOUSE TRAINING - This program shall consist of the following (at a minimum):
a. Introduction to the FTO Program, its objectives and procedures. b. Introduction to Police Department's organization, functions, work schedules, chain of command, overall duties and obligations, and city geography. c. Introduction to the philosophy of Community Policing relative to the Alameda Police Department.
d. Range policies and procedures including practical firearms/weapons training. e. Practical training in defensive tactics, arrest and control techniques, and impact weapons.
f. Practical training in vehicle operations traffic stops, and high risk vehicle stops.

Exhibit 1

g. Practical training in search and seizure law, search techniques, including searches of persons, buildings and vehicles, including the use of K-9's. h. Introduction to how domestic violence pertains to law enforcement and our responsibilities.
i. Introduction to different City Departments including City Hall, the Courts, the District Attorney's office, and the Fire Department.
j. Practical training in different computer systems patrol officers use during the course of their shift.
k. Practical training with the Identification/Property Bureau Section, the collection, packaging and documentation of evidence items.
l. Practical training in the area of traffic accident and driving under the influence investigations.
m. Practical training on how to identify persons under the influence of a controlled substance.
n. Practical training with tactical communications and conflict resolution. o. Scenario training providing practical training on the application of department policies and criminal and case law.

The FTO Sergeant shall insure that the most qualified instructors within the Department provide the above training and that the newly hired officer(s) receives all necessary forms and handouts required for the subsequent field training. (II). IN-FIELD TRAINING
a. Phase I shall be conducted by the primary Field Training Officer who shall, in conjunction with the FTO Sergeant and Lieutenant, determine whether the newly hired officer has corrected any discrepancies or weaknesses which affect the performance of the police patrol function.
b. Phases II and III shall be conducted by secondary FTOs. Whenever possible, the secondary FTOs shall be working on different shifts. Exceptions may be made for those in the accelerated FTO program.
c. Phase IV shall be conducted by the primary FTO who shall evaluate the trainee with respect to overall improvement and readiness in performing all aspects of the patrol officer function. During this phase, the trainee shall operate in a quasi-solo capacity.

He/she shall operate the police vehicle, prepare all reports and conduct all Exhibit 1

investigations, and fulfill all police related duties. The FTO will be in the car as an observer-evaluator, unless the need for immediate intervention arises. d. Upon completion of the final phase, the primary FTO shall prepare a comprehensive rating of the trainee which shall be presented at the final FTO meeting for the purpose of evaluating the trainee's level of success in completing the program. e. During this 16-week program, there should be at least four (4) general FTO meetings conducted at or close to the end of every four week phase, unless the trainee is in the accelerated FTO program. The purpose of these meetings is to discuss and evaluate the performance, progress, and weaknesses of the trainee as well as other topics related to the program. In the event of trainee deficiencies which indicated the possibility of failing the training program, there shall be a special FTO meeting to develop a comprehensive remedial plan to insure that every possible means of assisting the trainee has been utilized. 426.2.2: PROGRAM RESPONSIBILITY
The responsibility for the FTO program is as follows:
a. FTO Lieutenant - shall oversee the entire program to insure that it is being conducted in accordance with Departmental and program needs and objectives. The FTO Lieutenant shall have been previously awarded, or eligible for the award of a POST Supervisory Certificate, and shall successfully complete a POST-certified Field Training Supervisor/Administrator/Coordinator (SAC) Course prior to, or within 12 months of the initial promotion, appointment, or transfer to such a position. b. FTO Sergeant - shall insure that all patrol sergeants and training officers coordinate their efforts and perform all required functions relating to the training and evaluations of newly hired officers. The FTO Sergeant shall have been previously awarded or eligible for the award of a POST
Supervisory/Administrator/Coordinator (SAC) Course prior to, or within 12 months of the initial promotion, appointment, or transfer to such a position. c. Personnel and Training Sergeant - shall be responsible for scheduling appropriate training schools for those officers selected to be field training officers. The FTO sergeant shall be responsible for the proper scheduling of the in-house academy portion of the program.
d. Field Training Officer - shall conduct the actual training and evaluation process. 426.3: FIELD TRAINING OFFICER - SELECTION AND TRAINING
The Field Training Officer (FTO) is an experienced officer trained in the art of supervising, training, and evaluating entry level and lateral police officers in the application of their previously acquired knowledge and skills.

Exhibit 1

426.3.1: SELECTION PROCESS
FTOs will be selected based on the following requirements:
a. Desire to be an FTO
b. Demonstrated ability as a positive role model
c. Participate and pass an internal oral interview selection process d. Evaluation by supervisors and current FTOs
e. Possess a POST Basic certificate
426.3.2: TRAINING
An officer selected as a Field Training Officer shall successfully complete a POST certified (40-hour) Field Training Officer’s Course prior to being assigned as an FTO.

All FTOs must complete a 24-hour Field Training Officer update course every three years while assigned to the position of FTO (11 CCR 1004).

All FTOs must meet any training mandate regarding crisis intervention behavioral health training pursuant to Penal Code § 13515.28.

426.4: FIELD TRAINING OFFICER PROGRAM SUPERVISOR
The FTO Program supervisor should be selected from the rank of sergeant or above by the Field Services Bureau Commander or a designee and should possess, or be eligible to receive, a POST Supervisory Certificate.

The responsibilities of the FTO Program supervisor include the following:
a. Assignment of trainees to FTOs
b. Conduct FTO meetings
c. Maintain and ensure FTO/trainee performance evaluations are completed d. Maintain, update, and issue the Field Training Manual to each trainee e. Monitor individual FTO performance
f. Monitor overall FTO Program
g. Maintain liaison with FTO coordinators of other agencies h. Maintain liaison with academy staff on recruit performance during the academy Exhibit 1

i. Develop ongoing training for FTOs
The FTO Program supervisor will be required to successfully complete a POST-approved Field Training Administrator’s Course within one year of appointment to this position (11 CCR 1004(c)).

426.5: TRAINEE DEFINED
Any entry level or lateral police officer newly appointed to the Alameda Police Department who has successfully completed a POST approved Basic Academy.

426.6: REQUIRED TRAINING
Entry level officers shall be required to successfully complete a POST-approved Field Training Program, consisting of a minimum of 10 weeks (Penal Code § 13515.295; 11 CCR 1004; 11 CCR 1005).

The training period for a lateral officer may be modified depending on the trainee's demonstrated performance and level of experience. A lateral officer may be exempt from the Field Training Program requirement if the officer qualifies for an exemption as provided in 11 CCR 1005(a)(B).

To the extent practicable, entry level and lateral officers should be assigned to a variety of Field Training Officers, shifts, and geographical areas during their Field Training Program.

426.6.1: FIELD TRAINING MANUAL
Each new officer will be issued a Field Training Manual at the beginning of their Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as an officer with the Alameda Police Department. The officer shall become knowledgeable of the subject matter as outlined. They shall also become proficient with those skills as set forth in the manual.

The Field Training Manual will specifically cover those policies, procedures, rules, and regulations adopted by the Alameda Police Department. The Field Training Manual should include standardized evaluation guidelines used by FTOs to evaluate a new officer's performance.

426.7: EVALUATIONS
Evaluations are an important component of the training process and shall be completed as outlined below.

426.7.1: FIELD TRAINING OFFICER
The FTO will be responsible for the following:
a. Complete and submit a written evaluation on the performance of their assigned trainee to the FTO Coordinator on a daily basis.

Exhibit 1

b. Review the Daily Trainee Performance Evaluations with the trainee each day. c. Complete a detailed end-of-phase performance evaluation on their assigned trainee at the end of each phase of training.
d. Sign off all completed topics contained in the Field Training Manual, noting the method(s) of learning and evaluating the performance of their assigned trainee. 426.7.2: IMMEDIATE SUPERVISOR
The Field Training Sergeant shall review and approve the Daily Trainee Performance Evaluations.

426.7.3: FIELD TRAINING ADMINISTRATOR
The Field Training Lieutenant will periodically review the Daily Trainee Performance Evaluations submitted by the FTO to the Field Training Sergeant.

426.7.4: TRAINEE
At the completion of the Field Training Program, the trainee shall submit a confidential performance evaluation on each of their FTOs and on the Field Training Program.

426.8: DOCUMENTATION
All documentation of the Field Training Program will be retained in the officer's training files and will consist of the following:
a. Daily Trainee Performance Evaluations
b. End of phase evaluations
c. End of training meeting between FTO Lieutenant, FTO Sergeant, Primary Field Training Officer, and the recruit's new Watch Commander and sergeant d. A Certificate of Completion certifying that the trainee has successfully completed the required number of hours of field training
e. Field Training Program critique
426.9: ADMINISTRATIVE PROGRAM REVIEW
An administrative review of the Field Training Program shall be conducted by the Field Training Program Administrator annually and provide recommendations for policy or training modifications. This administrative review is to be approved by the Chief of Police.

The review should consider:
 Evaluations and attrition rates of Field Training Officers,  Retention rate of newly hired sworn officers,
Exhibit 1