Picture identification with independent confirmation.
(b) No active warrants, not active to Probation, Parole or PRCS (In the event that the suspect does have an active warrant or is active to probation or PRCS, approval from the Watch Commander shall be obtained prior to releasing the subject per the terms of this policy.
(c) The suspect has provided a permanent address.
(d) The suspect is not under the influence of drugs or alcohol. (e) The suspect is cooperative.
(f) The suspect is not in possession of any drug, contraband, weapon, identification or credit card(s) in the name of someone else, or any false identification.
If the person has no confirmed identification an officer will respond and determine the person’s identity using CAL photo or CRIMS. Once their identity is confirmed the same procedure will be followed to determine if the person is eligible for the program. The officer must ensure that security personnel are reminded to document in their narrative the officer's name and how the subject's identity was verified (i.e. booking photo, CALPhoto, etc.) Communications will advise store personnel if the subject is eligible for the program. If the subject is not eligible for release, an officer will be dispatched to the business. If the person is eligible for the program, Communications will provide the security personnel with a report number and corresponding court date and time. Store personnel will complete a loss report pursuant to their company policy. The report shall include a detailed account of the event including the elements of the crime and the amount of loss/recovery. Security personnel should obtain a brief written statement from the person detained. Security personnel will complete the Emeryville Police Department Merchant Shoplift Arraignment Notice and Emeryville Police Department Merchant Report forms. A right thumbprint of the person will be taken and placed in the appropriate boxes and a photograph of the person will be taken and attached to the report. Security personnel will Emeryville Police Department
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assign a court date provided by the Emeryville Police Department Communications Dispatcher.
The person will receive a copy of this form before being released.
Juveniles will be handled as listed above. An RMS check will be conducted to locate any arrests with a disposition of NTA, reprimand and release, or booked into Juvenile Hall. If one of the preceding dispositions is present, the juvenile subject will not be eligible to participate in the program and an officer will respond. If the juvenile is eligible for release, store personnel shall contact a parent or guardian. Juveniles will not be issued court dates. The report will be forwarded to the Emeryville Police Department and the disposition will be referred to Youth Diversion. In the event no parent or guardian can be contacted, the juvenile will not be eligible to participate in the program and an officer will respond. Security personnel may release the Juvenile taking into consideration the time of day, available transportation, safety of the individual, and wishes of the parent or guardian contacted.
In the event the Juvenile does have a prior arrest documented in RMS and the responding officer determines it is in the best interest to release the Juvenile, approval from the Watch Commander shall be obtained prior to releasing the Juvenile per the terms of this policy.
The security personnel will route the reports to the Emeryville Police Department marked, "Attention Records Section." Reports shall be hand delivered to the front counter of the Emeryville Police Department, and should be delivered within ten (10) days of the arrest. Security personnel must be available to testify at any court proceeding or hearing regarding any reported arrest.
The Emeryville Police Department will conduct training with all participating businesses to assure successful application of this program.
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Anti-Reproductive Rights Crimes Reporting
334.1 PURPOSE AND SCOPE
This policy shall establish a procedure for the mandated reporting of Anti-Reproductive Rights Crimes (ARRC) to the Attorney General pursuant to the Reproductive Rights Law Enforcement Act (Penal Code § 13775 et seq.).
334.2 DEFINITIONS
Penal Code § 423.2 provides that the following acts shall be considered Anti-Reproductive Rights Crimes (ARRC) when committed by any person, except a parent or guardian acting towards his or her minor child or ward:
(a) By force, threat of force, or physical obstruction that is a crime of violence, intentionally injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with any person or entity because that person or entity is a reproductive health services client, provider, or assistant, or in order to intimidate any person or entity, or any class of persons or entities, from becoming or remaining a reproductive health services client, provider, or assistant
(b) By non-violent physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, any person or entity because that person or entity is a reproductive health services client, provider, or assistant, or in order to intimidate any person or entity, or any class of persons or entities, from becoming or remaining a reproductive health services client, provider or assistant (c) Intentionally damages or destroys the property of a person, entity, or facility, or attempts to do so, because the person, entity, or facility is a reproductive health services client, provider, assistant, or facility
334.3 REPORTING REQUIREMENTS TO THE ATTORNEY GENERAL
(a) Upon the receipt of the report of an ARRC, it shall be the responsibility of the employee taking such a report to also complete an ARRC Data Collection Worksheet (BCIA 8371) in accordance with the instructions contained on such forms. (b) The ARRC Data Collection Worksheet shall be processed with all related reports and forwarded to the Records and Communications Section.
(c) By the tenth day of each month, it shall be the responsibility of the Police Records Manager to insure that a Summary Worksheet (BCIA 8370) is submitted to the Department of Justice Criminal Justice Statistics Center.
1. In the event that no ARRC(s) were reported during the previous month, a Summary Worksheet shall be submitted to Department of Justice with an indication that no such crimes were reported.
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2. Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a copy of the related Data Collection Worksheet(s).
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Limited English Proficiency Services
335.1 PURPOSE AND SCOPE
This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d).
335.1.1 DEFINITIONS
Definitions related to this policy include:
Authorized interpreter - A person who has been screened and authorized by the Department to act as an interpreter and/or translator for others.
Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning.
Limited English proficient (LEP) - Any individual whose primary language is not English and who has a limited ability to read, write, speak or understand English. These individuals may be competent in certain types of communication (e.g., speaking or understanding) but still be LEP for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an individual may possess sufficient English language skills to function in one setting but these skills may be insufficient in other situations.
Qualified bilingual member - A member of the Emeryville Police Department, designated by the Department, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual members may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another.
Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language).
335.2 POLICY
It is the policy of the Emeryville Police Department to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens on its members.
The Department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right. 335.3 LEP COORDINATOR
The Chief of Policeshould delegate certain responsibilities to an LEP Coordinator. The LEP Coordinator shall be appointed by, and directly responsible to, the Professional Services Division Captain or the authorized designee.
The responsibilities of the LEP Coordinator include, but are not limited to:
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(a) Coordinating and implementing all aspects of the Emeryville Police Department's LEP services to LEP individuals.
(b) Developing procedures that will enable members to access LEP services, including telephonic interpreters, and ensuring the procedures are available to all members. (c) Ensuring that a list of all qualified bilingual members and authorized interpreters is maintained and available to each Watch Commander and Police Service Manager.
The list should include information regarding the following:
1. Languages spoken
2. Contact information
3. Availability
(d) Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages.
(e) Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated.
(f) Annually assessing demographic data and other resources, including contracted language services utilization data and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation. (g) Identifying standards and assessments to be used by the Department to qualify individuals as qualified bilingual members or authorized interpreters. (h) Periodically reviewing efforts of the Department in providing meaningful access to LEP individuals, and, as appropriate, developing reports, new procedures or recommending modifications to this policy.
(i) Receiving and responding to complaints regarding department LEP services. (j) Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities.
335.3.1 FAMILY AND FRIENDS OF LEP INDIVIDUAL
While family and friends of an LEP individual may frequently offer to assist with interpretation, officers should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in emergency or critical situations. Further, the nature of the contact and relationship between the LEP individual and the individual offering services must be carefully considered (e.g., victim/suspect). 335.4 FOUR-FACTOR ANALYSIS
Since there are many different languages that members could encounter, the Department will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that law Emeryville Police Department
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enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of four factors, which are:
(a) The number or proportion of LEP individuals eligible to be served or likely to be encountered by department members, or who may benefit from programs or services within the jurisdiction of the Department or a particular geographic area. (b) The frequency with which LEP individuals are likely to come in contact with department members, programs or services.
(c) The nature and importance of the contact, program, information or service provided. (d) The cost of providing LEP assistance and the resources available. 335.5 TYPES OF LEP ASSISTANCE AVAILABLE
Emeryville Police Department members should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services.
The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language.
LEP individuals may choose to accept department-provided LEP services at no cost or they may choose to provide their own.
Department-provided LEP services may include, but are not limited to, the assistance methods described in this policy.
335.6 WRITTEN FORMS AND GUIDELINES
Vital documents or those that are frequently used should be translated into languages most likely to be encountered. The LEP Coordinator will arrange to make these translated documents available to members and other appropriate individuals, as necessary. 335.7 AUDIO RECORDINGS
The Department may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served.
335.8 QUALIFIED BILINGUAL MEMBERS
Bilingual members may be qualified to provide LEP services when they have demonstrated a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Members utilized for LEP services must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit.
Additionally, bilingual members must be able to communicate technical and law enforcement Emeryville Police Department
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terminology, and be sufficiently proficient in the non-English language to perform complicated tasks, such as conducting interrogations, taking statements, collecting evidence or conveying rights or responsibilities.
When a qualified bilingual member from this department is not available, personnel from other City departments, who have been identified by the Department as having the requisite skills and competence, may be requested.
335.9 AUTHORIZED INTERPRETERS
Any person designated by the Department to act as an authorized interpreter and/or translator must have demonstrated competence in both English and the involved non-English language, must have an understanding of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the department case or investigation involving the LEP individual. A person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation in a court proceeding.
Authorized interpreters should pass a screening process established by the LEP Coordinator which demonstrates that their skills and abilities include:
(a) The competence and ability to communicate information accurately in both English and in the target language.
(b) Knowledge, in both languages, of any specialized terms or concepts peculiar to this department and of any particularized vocabulary or phraseology used by the LEP individual.
(c) The ability to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
(d) Knowledge of the ethical issues involved when acting as a language conduit. 335.9.1 SOURCES OF AUTHORIZED INTERPRETERS
The Department may contract with authorized interpreters who are available over the telephone.
Members may use these services with the approval of a supervisor and in compliance with established procedures.
Other sources may include:
• Qualified bilingual members of this department or personnel from other City departments.
• Individuals employed exclusively to perform interpretation services. • Contracted in-person interpreters, such as state or federal court interpreters, among others.
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• Interpreters from other agencies who have been qualified as interpreters by this department, and with whom the Department has a resource-sharing or other arrangement that they will interpret according to department guidelines. 335.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE
ASSISTANCE
Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the Department to communicate with LEP individuals.
Where qualified bilingual members or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance.
While family or friends of an LEP individual may offer to assist with communication or interpretation, members should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations.
335.10 CONTACT AND REPORTING
While all law enforcement contacts, services and individual rights are important, this department will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular law enforcement activity involved.
Whenever any member of this department is required to complete a report or other documentation, and interpretation services are provided to any involved LEP individual, such services should be noted in the related report. Members should document the type of interpretation services utilized and whether the individual elected to use services provided by the Department or some other identified source.
335.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The Emeryville Police Department will take reasonable steps and will work with the Human Resources Department to develop in-house language capacity by hiring or appointing qualified members proficient in languages representative of the community being served. 335.11.1 EMERGENCY CALLS TO 9-1-1
Department members will make every reasonable effort to promptly accommodate LEP individuals utilizing 9-1-1 lines. When a 9-1-1 call-taker receives a call and determines that the caller is an LEP individual, the call-taker shall quickly determine whether sufficient information can be obtained to initiate an appropriate emergency response. If language assistance is still needed, the language Emeryville Police Department
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is known and a qualified bilingual member is available in the Communications Center, the call shall immediately be handled by the qualified bilingual member.
If a qualified bilingual member is not available or the call-taker is unable to identify the caller's language, the call-taker will contact the contracted telephone interpretation service and establish a three-way call between the call-taker, the LEP individual and the interpreter.
Dispatchers will make every reasonable effort to dispatch a qualified bilingual member to the assignment, if available and appropriate.
While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to accommodate LEP individuals seeking routine access to services and information by utilizing the resources listed in this policy.
335.12 FIELD ENFORCEMENT
Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary.
Members and/or supervisors must assess each situation to determine the need and availability of language assistance to all involved LEP individuals and utilize the methods outlined in this policy to provide such assistance.
Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to request consent to search if the officer is unable to effectively communicate with an LEP individual.
Department staff does not need to be LEP qualified bilingual to obtain preliminary investigative information from a person with limited English proficiency. However, for information gathering other thant preliminary investigative information, department staff should use the approved translation services provided.
335.13 INVESTIGATIVE FIELD INTERVIEWS
In any situation where an interview may reveal information that could be used as the basis for arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or lacks the skills to directly communicate with the LEP individual, an authorized interpreter should be used. This includes interviews conducted during an investigation with victims, witnesses and suspects. In such situations, audio recordings of the interviews should be made when reasonably possible. Identification and contact information for the interpreter (e.g., name, address) should be documented so that the person can be subpoenaed for trial if necessary.
If an authorized interpreter is needed, officers should consider calling for an authorized interpreter in the following order:
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• An authorized telephone interpreter
• Any other authorized interpreter
Any Miranda warnings shall be provided to suspects in their primary language by an authorized interpreter or, if the suspect is literate, by providing a translated Miranda warning card.
The use of an LEP individual's bilingual friends, family members, children, neighbors or bystanders may be used only when a qualified bilingual member or authorized interpreter is unavailable and there is an immediate need to interview an LEP individual. 335.14 CUSTODIAL INTERROGATIONS
Miscommunication during custodial interrogations may have a substantial impact on the evidence presented in a criminal prosecution. Only qualified bilingual members or, if none is available or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda warnings shall be provided to suspects in their primary language by the qualified bilingual member or an authorized interpreter.
In order to ensure that translations during custodial interrogations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible.
See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 335.15 BOOKINGS
When gathering information during the booking process, members should remain alert to the impediments that language barriers can create. In the interest of the arrestee's health and welfare, the safety and security of the facility, and to protect individual rights, it is important that accurate medical screening and booking information be obtained. Members should seek the assistance of a qualified bilingual member whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by an LEP individual. 335.16 COMPLAINTS
The Department shall ensure that LEP individuals who wish to file a complaint regarding members of this department are able to do so. The Department may provide an authorized interpreter or translated forms, as appropriate. Complaints will be referred to the LEP Coordinator.
Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Authorized interpreters used for any interview with an LEP individual during an investigation should not be members of this department.
Any notice required to be sent to an LEP individual as a complaining party pursuant to the Personnel Complaints Policy should be translated or otherwise communicated in a languageaccessible manner.
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335.17 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this department are important to the ultimate success of more traditional law enforcement duties. This department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services.
335.18 TRAINING
To ensure that all members who may have contact with LEP individuals are properly trained, the Department will provide periodic training on this policy and related procedures, including how to access department-authorized telephonic and in-person interpreters and other available resources.
The Professional Services Officer shall be responsible for ensuring new members receive LEP training. Those who may have contact with LEP individuals should receive refresher training at least once every two years thereafter. The Professional Services Officer shall maintain records of all LEP training provided, and will retain a copy in each member's training file in accordance with established records retention schedules.
335.18.1 TRAINING FOR AUTHORIZED INTERPRETERS
All members on the authorized interpreter list must successfully complete prescribed interpreter training. To complete interpreter training successfully, an interpreter must demonstrate proficiency in and ability to communicate information accurately in both English and in the target language, demonstrate knowledge in both languages of any specialized terms or phraseology, and understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
Members on the authorized interpreter list must receive refresher training annually or they will be removed from the authorized interpreter list. This annual training should include language skills competency (including specialized terminology) and ethical considerations.
The Professional Services Officer shall be responsible for coordinating the annual refresher training and will maintain a record of all training the interpreters have received.
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Communications with Persons with Disabilities
336.1 PURPOSE AND SCOPE
This policy provides guidance to members when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind. 336.1.1 DEFINITIONS
Definitions related to this policy include:
Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They include, but are not limited to, the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter.
Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the disabled person uses assistive or adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102).
Qualified interpreter - A person who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, translators, sign language interpreters and intermediary interpreters.
336.2 POLICY
It is the policy of the Emeryville Police Department to reasonably ensure that people with disabilities, including victims, witnesses, suspects and arrestees have equal access to law enforcement services, programs and activities. Members must make efforts to communicate effectively with individuals with disabilities.
The Department will not discriminate against or deny any individual access to services, rights or programs based upon disabilities.
336.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR
The Chief of Policeshould delegate certain responsibilities to an ADA Coordinator (28 CFR
35.107). The ADA Coordinator shall be appointed by, and directly responsible, to the Professional Services Division Captain or the authorized designee.
The responsibilities of the ADA Coordinator shall include, but not be limited to:
(a) Working with the City ADA coordinator regarding the Emeryville Police Department's efforts to ensure equal access to services, programs and activities. (b) Developing reports, new procedures, or recommending modifications to this policy.
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(c) Acting as a liaison with local disability advocacy groups or other disability groups regarding access to department services, programs and activities. (d) Ensuring that a list of qualified interpreter services is maintained and available to each Watch Commander and Police Service Manager. The list should include information regarding the following:
1. Contact information
2. Availability
(e) Developing procedures that will enable members to access auxiliary aids or services, including qualified interpreters, and ensure the procedures are available to all members.
(f) Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are available free of charge to people with disabilities.
(g) Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities.
336.4 FACTORS TO CONSIDER
Because the nature of any law enforcement contact may vary substantially from one situation to the next, members of this department should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs and activities. These factors may include, but are not limited to:
(a) Members should not always assume that effective communication is being achieved.
The fact that an individual appears to be nodding in agreement does not always mean he/she completely understands the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate their understanding.
(b) The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low vision).
(c) The nature of the law enforcement contact (e.g., emergency vs. non-emergency, custodial vs. consensual contact).
(d) The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used.
336.5 INITIAL AND IMMEDIATE CONSIDERATIONS
Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems.
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Members should exercise special care in the use of all gestures, and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities.
In a non-emergency situation, when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary aid or service.
The individual’s preferred communication method must be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160).
Factors to consider when determining whether an alternative method is effective include:
(a) The methods of communication usually used by the individual. (b) The nature, length and complexity of the communication involved. (c) The context of the communication.
In emergency situations involving an imminent threat to the safety or welfare of any person, members may use whatever auxiliary aids and services that reasonably appear effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate auxiliary aid or service. Once the emergency has ended, the continued method of communication should be reconsidered. The member should inquire as to the individual's preference and give primary consideration to that preference.
If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in the custody of the Emeryville Police Department, consideration should be given, safety permitting, to placing the handcuffs in the front of the body to facilitate communication using sign language or writing.
336.6 TYPES OF ASSISTANCE AVAILABLE
Emeryville Police Department members shall never refuse to assist an individual with disabilities who is requesting assistance. The Department will not charge anyone to receive auxiliary aids, nor shall they require anyone to furnish their own auxiliary aid or service as a condition for receiving assistance. The Department will make every reasonable effort to provide equal access and timely assistance to individuals who are disabled through a variety of services.
A person who is disabled may choose to accept department-provided auxiliary aids or services or they may choose to provide their own.
Department-provided auxiliary aids or services may include, but are not limited to, the assistance methods described in this policy.
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336.7 AUDIO RECORDINGS AND ENLARGED PRINT
The Department may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, members may read aloud from the appropriate form, for example a personnel complaint form, or provide forms with enlarged print.
336.8 QUALIFIED INTERPRETERS
A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a victim, witness, suspect or arrestee), if the individual to be interviewed normally relies on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the case or investigation involving the disabled individual. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a court proceeding.
Qualified interpreters should be:
(a) Available within a reasonable amount of time but in no event longer than one hour if requested.
(b) Experienced in providing interpretation services related to law enforcement matters. (c) Familiar with the use of VRS and/or video remote interpreting services. (d) Certified in either American Sign Language (ASL) or Signed English (SE). (e) Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
(f) Knowledgeable of the ethical issues involved when providing interpreter services.
Members should use department-approved procedures to request a qualified interpreter at the earliest reasonable opportunity, and generally not more than 15 minutes after a request for an interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160). 336.9 TTY AND RELAY SERVICES
In situations where an individual without a disability would have access to a telephone (e.g., booking or attorney contacts), members must also provide those who are deaf, hard of hearing or have impaired speech the opportunity to place calls using an available TTY (also known as a telecommunications device for deaf people, or TDD). Members shall provide additional time, as needed, for effective communication due to the slower nature of TTY and TDD communications.
The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and received via a telecommunications relay service (28 CFR 35.162).
Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller.
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336.10 COMMUNITY VOLUNTEERS
Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the Department to provide interpreter services.
Where qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the individual with the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance.
336.11 FAMILY AND FRIENDS
While family or friends may offer to assist with interpretation, members should carefully consider the circumstances before relying on such individuals. The nature of the contact and relationship between the individual with the disability and the person offering services must be carefully considered (e.g., victim/suspect).
Children shall not be relied upon except in emergency or critical situations when there is no qualified interpreter reasonably available.
Adults may be relied upon when (28 CFR 35.160):
(a) There is an emergency or critical situation and there is no qualified interpreter reasonably available.
(b) The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances. 336.12 REPORTING
Whenever any member of this department is required to complete a report or other documentation, and communication assistance has been provided, such services should be noted in the related report. Members should document the type of communication services utilized and whether the individual elected to use services provided by the Department or some other identified source.
If the individual’s express preference is not honored, the member must document why another method of communication was used.
All written communications exchanged in a criminal case shall be attached to the report or placed into evidence.
336.13 FIELD ENFORCEMENT
Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve individuals with disabilities. The scope and nature of these activities and contacts will inevitably vary.
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The Department recognizes that it would be virtually impossible to provide immediate access to complete communication services to every member of this department. Members and/or supervisors must assess each situation and consider the length, complexity and importance of the communication, as well as the individual’s preferred method of communication, when determining the type of resources to use and whether a qualified interpreter is needed.
Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to verbally request consent to search if the officer is unable to effectively communicate with an individual who is deaf or hard of hearing and requires communications assistance.
If available, officers should obtain the assistance of a qualified interpreter before placing an individual with a disability under arrest. Individuals who are arrested and are assisted by service animals should be permitted to make arrangements for the care of such animals prior to transport. 336.13.1 FIELD RESOURCES
Examples of methods that may be sufficient for transactions, such as checking a license or giving directions to a location or for urgent situations such as responding to a violent crime in progress, may, depending on the circumstances, include such simple things as:
(a) Hand gestures or visual aids with an individual who is deaf, hard of hearing or has impaired speech.
(b) Exchange of written notes or communications.
(c) Verbal communication with an individual who can speechread by facing the individual and speaking slowly and clearly.
(d) Use of computer, word processing, personal communication device or similar device to exchange texts or notes.
(e) Slowly and clearly speaking or reading simple terms to individuals who have a visual or mental impairment.
Members should be aware that these techniques may not provide effective communication as required by law and this policy depending on the circumstances. 336.14 CUSTODIAL INTERROGATIONS
In an effort to ensure that the rights of individuals who are deaf, hard of hearing or have speech impairment are protected during a custodial interrogation, this department will provide interpreter services before beginning an interrogation, unless exigent circumstances exist or the individual has made a clear indication that he/she understands the process and desires to proceed without an interpreter. The use of a video remote interpreting service should be considered, where appropriate, if a live interpreter is not available. Miranda warnings shall be provided to suspects who are deaf or hard of hearing by a qualified interpreter or by providing a written Miranda warning card.
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In order to ensure that communications during custodial investigations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible.
See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 336.15 ARREST AND BOOKINGS
If an individual with speech or hearing disabilities is arrested, the arresting officer shall use department-approved procedures to provide a qualified interpreter at the place of arrest or booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a different auxiliary aid or service or the officer reasonably determines another effective method of communication exists under the circumstances.
When gathering information during the booking process, members should remain alert to the impediments that often exist when communicating with those who are deaf, hard of hearing, who have impaired speech or vision, are blind, or have other disabilities. In the interest of the arrestee’s health and welfare, the safety and security of the facility and to protect individual rights, it is important that accurate medical screening and booking information be obtained. If necessary, members should seek the assistance of a qualified interpreter whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by the individual.
Individuals who require and possess personally owned communication aids (e.g., hearing aids, cochlear processors) should be permitted to retain them while in custody. 336.16 COMPLAINTS
The Department shall ensure that individuals with disabilities who wish to file a complaint regarding members of this department are able to do so. The Department may provide a qualified interpreter or forms in enlarged print, as appropriate. Complaints will be referred to the department ADA Coordinator.
Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Qualified interpreters used during the investigation of a complaint should not be members of this Department.
336.17 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this department are important to the ultimate success of more traditional law enforcement duties. This department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services.
336.18 TRAINING
To ensure that all members who may have contact with individuals who are disabled are properly trained, the Department will provide periodic training that should include:
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(a) Awareness and understanding of this policy and related procedures, related forms and available resources.
(b) Procedures for accessing qualified interpreters and other available resources. (c) Working with in-person and telephone interpreters and related equipment.
The Professional Services Section shall be responsible for ensuring new members receive training related to interacting with individuals who have disabilities, including individuals who are deaf, hard of hearing, who have impaired speech or vision, or are blind. Those who may have contact with such individuals should receive refresher training at least once every two years thereafter.
The Professional Services Section shall maintain records of all training provided, and will retain a copy in each member’s training file in accordance with established records retention schedules. 336.18.1 CALL-TAKER TRAINING
Emergency call-takers shall be trained in the use of TTY equipment protocols for communicating with individuals who are deaf, hard of hearing or who have speech impairments. Such training and information should include:
(a) The requirements of the ADA and Section 504 of the Rehabilitation Act for telephone emergency service providers.
(b) ASL syntax and accepted abbreviations.
(c) Practical instruction on identifying and processing TTY or TDD calls, including the importance of recognizing silent TTY or TDD calls, using proper syntax, abbreviations and protocol when responding to TTY or TDD calls.
(d) Hands-on experience in TTY and TDD communications, including identification of TTY or TDD tones.
Training should be mandatory for all the Communications Center members who may have contact with individuals from the public who are deaf, hard of hearing or have impaired speech. Refresher training should occur every six months.
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Mandatory Employer Notification
337.1 PURPOSE AND SCOPE
The purpose of this policy is to describe the requirements and procedures to follow when a public or private school employee (teacher and non-teacher) has been arrested under certain circumstances.
337.2 MANDATORY SCHOOL EMPLOYEE ARREST REPORTING
In the event a school employee is arrested for any offense enumerated below, the Chief of Police or his/her designee is required to report the arrest as follows. 337.2.1 ARREST OF PUBLIC SCHOOL TEACHER
In the event a public school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11591 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a), or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the teacher and to immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed (Health and Safety Code § 11591; Penal Code § 291). 337.2.2 ARREST OF PUBLIC SCHOOL NON-TEACHER EMPLOYEE
In the event a public school non-teacher employee is arrested for any controlled substance offense enumerated in Health and Safety Code § 11591 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a), or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the non-teacher and to immediately give written notice of the arrest to the governing board of the school district employing the person (Health and Safety Code § 11591; Penal Code § 291).
337.2.3 ARREST OF PRIVATE SCHOOL TEACHER
In the event a private school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11591 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290 or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the private school authority employing the teacher and to immediately give written notice of the arrest to the private school authority employing the teacher (Health and Safety Code § 11591; Penal Code § 291.1).
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337.2.4 ARREST OF COMMUNITY COLLEGE INSTRUCTOR
In the event a teacher or instructor employed in a community college district school is arrested for any controlled substance offense enumerated in Health and Safety Code § 11591.5 or Health and Safety § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(9), or for any of the offenses enumerated in Penal Code § 290 or in Penal Code § 261(a)(1), the Chief of Police or the authorized designee is mandated to immediately notify by telephone the superintendent of the community college district employing the person, and shall immediately give written notice of the arrest to the California Community Colleges Chancellor’s Office (Health and Safety Code § 11591.5; Penal Code § 291.5).
337.3 POLICY
The Emeryville Police Department will meet the reporting requirements of California law to minimize the risks to children and others.
337.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES In the event an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential therapeutic program or a foster family agency is arrested for child abuse (as defined in Penal Code § 11165.6) and the employee is free to return to work where children are present, the investigating member shall notify the licensee of the charge of abuse (Health and Safety Code § 1522.2).
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Biological Samples
338.1 PURPOSE AND SCOPE
This policy provides guidelines for the collection of biological samples from those individuals required to provide samples upon conviction or arrest for certain offenses. This policy does not apply to biological samples collected at a crime scene or taken from a person in conjunction with a criminal investigation. Nor does it apply to biological samples from those required to register, for example, sex offenders.
338.2 POLICY
The Emeryville Police Department will assist in the expeditious collection of required biological samples from offenders in accordance with the laws of this state and with as little reliance on force as practicable.
338.3 PERSONS SUBJECT TO DNA COLLECTION
Those who must submit a biological sample include (Penal Code § 296):
(a) A person, including a juvenile, upon conviction or other adjudication of any felony offense.
(b) A person, including a juvenile, upon conviction or other adjudication of any offense if the person has a prior felony on record.
(c) An adult arrested or charged with any felony.
338.4 PROCEDURE
When an individual is required to provide a biological sample, a trained employee shall obtain the sample in accordance with this policy.
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Chaplains
339.1 PURPOSE AND SCOPE
This policy establishes the guidelines for Emeryville Police Department chaplains to provide counseling or emotional support to members of the Department, their families and members of the public.
339.2 POLICY
The Emeryville Police Department shall ensure that department chaplains are properly appointed, trained and supervised to carry out their responsibilities without financial compensation. 339.3 ELIGIBILITY
Requirements for participation as a chaplain for the Department may include, but are not limited to:
(a) Being above reproach, temperate, prudent, respectable, hospitable, able to teach, be free from addiction to alcohol or other drugs, and excessive debt. (b) Managing their households, families and personal affairs well. (c) Having a good reputation in the community.
(d) Successful completion of an appropriate-level background investigation. (e) A minimum of five years of successful counseling experience. (f) Possession of a valid driver license.
The Chief of Police may apply exceptions for eligibility based on organizational needs and the qualifications of the individual.
339.4 RECRUITMENT, SELECTION AND APPOINTMENT
The Emeryville Police Department shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral and professional standards set forth by this department.
All applicants shall be required to meet and pass the same pre-employment procedures as department personnel before appointment.
339.4.1 SELECTION AND APPOINTMENT
Chaplain candidates shall successfully complete the following process prior to appointment as a chaplain:
(a) Submit the appropriate written application.
(b) Include a recommendation from employers or volunteer programs. (c) Interview with the Chief of Police and the chaplain coordinator. (d) Successfully complete an appropriate-level background investigation. (e) Complete an appropriate probationary period as designated by the Chief of Police.
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Chaplains are volunteers and serve at the discretion of the Chief of Police. Chaplains shall have no property interest in continued appointment. However, if a chaplain is removed for alleged misconduct, the chaplain will be afforded an opportunity solely to clear his/her name through a liberty interest hearing, which shall be limited to a single appearance before the Chief of Police or the authorized designee.
339.5 IDENTIFICATION AND UNIFORMS
As representatives of the Department, chaplains are responsible for presenting a professional image to the community. Chaplains shall dress appropriately for the conditions and performance of their duties. Uniforms and necessary safety equipment will be provided for each chaplain.
Identification symbols worn by chaplains shall be different and distinct from those worn by officers through the inclusion of "Chaplain" on the uniform and not reflect any religious affiliation.
Chaplains will be issued Emeryville Police Department identification cards, which must be carried at all times while on-duty. The identification cards will be the standard Emeryville Police Department identification cards, with the exception that “Chaplain” will be indicated on the cards.
Chaplains shall be required to return any issued uniforms or department property at the termination of service.
Chaplains shall conform to all uniform regulations and appearance standards of this department. 339.6 CHAPLAIN COORDINATOR
The Chief of Police shall delegate certain responsibilities to a chaplain coordinator. The coordinator shall be appointed by and directly responsible to the Field Services Captain or the authorized designee.
The chaplain coordinator shall serve as the liaison between the chaplains and the Chief of Police. The function of the coordinator is to provide a central coordinating point for effective chaplain management within the Department, and to direct and assist efforts to jointly provide more productive chaplain services. Under the general direction of the Chief of Police or the authorized designee, chaplains shall report to the chaplain coordinator and/or Watch Commander.
The chaplain coordinator may appoint a senior chaplain or other designee to assist in the coordination of chaplains and their activities.
The responsibilities of the coordinator or the authorized designee include, but are not limited to:
(a) Recruiting, selecting and training qualified chaplains. (b) Conducting chaplain meetings.
(c) Establishing and maintaining a chaplain callout roster. (d) Maintaining records for each chaplain.
(e) Tracking and evaluating the contribution of chaplains. (f) Maintaining a record of chaplain schedules and work hours.
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(g) Completing and disseminating, as appropriate, all necessary paperwork and information.
(h) Planning periodic recognition events.
(i) Maintaining liaison with other agency chaplain coordinators.
An evaluation of the overall use of chaplains will be conducted on an annual basis by the coordinator.
339.7 DUTIES AND RESPONSIBILITIES
Chaplains assist the Department, its members and the community, as needed. Assignments of chaplains will usually be to augment the Field Services Division . Chaplains may be assigned to other areas within the Department as needed. Chaplains should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department.
All chaplains will be assigned to duties by the chaplain coordinator or the authorized designee.
Chaplains may not proselytize or attempt to recruit members of the Department or the public into a religious affiliation while representing themselves as chaplains with this department. If there is any question as to the receiving person’s intent, chaplains should verify that the person is desirous of spiritual counseling or guidance before engaging in such discussion.
Chaplains may not accept gratuities for any service or any subsequent actions or follow-up contacts that were provided while functioning as a chaplain for the Emeryville Police Department. 339.7.1 COMPLIANCE
Chaplains are volunteer members of this department, and except as otherwise specified within this policy, are required to comply with the Volunteer Program Policy and other applicable policies. 339.7.2 OPERATIONAL GUIDELINES
(a) Generally, each chaplain will serve with Emeryville Police Department personnel as needed.
(b) Chaplains shall be permitted to ride with officers during any shift and observe Emeryville Police Department operations, provided the Watch Commander has been notified and has approved the activity.
(c) Chaplains shall not be evaluators of members of the Department. (d) In responding to incidents, a chaplain shall never function as an officer. (e) When responding to in-progress calls for service, chaplains may be required to standby in a secure area until the situation has been deemed safe. (f) Chaplains shall serve only within the jurisdiction of the Emeryville Police Department unless otherwise authorized by the Chief of Police or the authorized designee.
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(g) Each chaplain shall have access to current department member rosters, addresses, telephone numbers, duty assignments and other information that may assist in his/ her duties. Such information will be considered confidential and each chaplain will exercise appropriate security measures to prevent distribution of the data. 339.7.3 ASSISTING THE DEPARTMENT
The responsibilities of a chaplain related to this department include, but are not limited to:
(a) Assisting members in the diffusion of a conflict or incident, when requested. (b) Responding to natural and accidental deaths, suicides and attempted suicides, family disturbances and any other incident that in the judgment of the Watch Commander or supervisor aids in accomplishing the mission of the Department. (c) Responding to all major disasters, such as natural disasters, bombings and similar critical incidents.
(d) Being on-call and, if possible, on-duty during major demonstrations or any public function that requires the presence of a large number of department members. (e) Attending department and academy graduations, ceremonies and social events and offering invocations and benedictions, as requested.
(f) Participating in in-service training classes.
(g) Willingness to train others to enhance the effectiveness of the Department. 339.7.4 ASSISTING THE COMMUNITY
The duties of a chaplain related to the community include, but are not limited to:
(a) Fostering familiarity with the role of law enforcement in the community. (b) Providing an additional link between the community, other chaplain coordinators and the Department.
(c) Providing liaison with various civic, business and religious organizations. (d) Promptly facilitating requests for representatives or leaders of various denominations. (e) Assisting the community in any other function as needed or requested. (f) Making referrals in cases where specialized attention is needed or in cases that are beyond the chaplain's ability to assist.
339.7.5 CHAPLAIN MEETINGS
All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily explained to the chaplain coordinator.
339.7.6 ASSISTING DEPARTMENT MEMBERS
The responsibilities of a chaplain related to department members include, but are not limited to:
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(a) Assisting in making notification to families of members who have been seriously injured or killed and, after notification, responding to the hospital or home of the member.
(b) Visiting sick or injured members in the hospital or at home. (c) Attending and participating, when requested, in funerals of active or retired members. (d) Serving as a resource for members when dealing with the public in incidents, such as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol abuse and other such situations that may arise.
(e) Providing counseling and support for members and their families. (f) Being alert to the needs of members and their families. 339.8 PRIVILEGED COMMUNICATIONS
No person who provides chaplain services to members of the Department may work or volunteer for the Emeryville Police Department in any capacity other than that of chaplain.
Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits of the clergy-penitent, psychotherapist-patient and other potentially applicable privileges and shall inform members when it appears reasonably likely that the member is discussing matters that are not subject to privileged communications. In such cases, the chaplain should consider referring the member to a non-department counseling resource.
No chaplain shall provide counsel to or receive confidential communications from any Emeryville Police Department member concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain.
339.9 TRAINING
The Department will establish a minimum number of training hours and standards for department chaplain training will include successfully completing the POST Certified Chaplains Course. The training, as approved by the Professioonal Services Section, may include:
• Stress management
• Death notifications
• Symptoms of post-traumatic stress
• Burnout for members of law enforcement and chaplains
• Legal liability and confidentiality
• Ethics
• Responding to crisis situations
• The law enforcement family
• Substance abuse
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• Suicide
• Officer injury or death
• Sensitivity and diversity
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Public Safety Video Surveillance System
340.1 PURPOSE AND SCOPE
This policy provides guidance for the placement and monitoring of department public safety video surveillance, as well as the storage and release of the captured images.
This policy only applies to overt, marked public safety video surveillance systems operated by the Department. It does not apply to mobile audio/video systems, covert audio/video systems or any other image-capturing devices used by the Department. 340.2 POLICY
The Emeryville Police Department operates a public safety video surveillance system to complement its anti-crime strategy, to effectively allocate and deploy personnel, and to enhance public safety and security in public areas. Cameras may be placed in strategic locations throughout the City to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man-made disasters and to assist City officials in providing services to the community.
Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy.
340.3 OPERATIONAL GUIDELINES
Only department-approved video surveillance equipment shall be utilized. Members authorized to monitor video surveillance equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The Chief of Police or the authorized designee shall approve all proposed locations for the use of video surveillance technology and should consult with and be guided by legal counsel as necessary in making such determinations. 340.3.1 PLACEMENT AND MONITORING
Camera placement will be guided by the underlying purpose or strategy associated with the overall video surveillance plan. As appropriate, the Chief of Police should confer with other affected City divisions and designated community groups when evaluating camera placement. Environmental factors, including lighting, location of buildings, presence of vegetation, or other obstructions, should also be evaluated when determining placement.
The cameras shall only record video images and not sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity around highvalue or high-threat areas. The public video surveillance system may be useful for the following purposes:
(a) To prevent, deter, and identify criminal activity.
(b) To target identified areas of gang and narcotics complaints or activity. (c) To respond to critical incidents.
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(d) To assist in identifying, apprehending, and prosecuting offenders. (e) To document officer and offender conduct during interactions to safeguard the rights of the public and officers.
(f) To augment resources in a cost-effective manner.
(g) To monitor pedestrian and vehicle traffic activity.
Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. Images should be transmitted to monitors installed in the Watch Commander’s office and the Communications Center. When activity warranting further investigation is reported or detected at any camera location, the available information should be provided to responding officers in a timely manner. The Watch Commander or trained personnel in the Communications Center are authorized to adjust the cameras to more effectively view a particular area for any legitimate public safety purpose.
The Chief of Police may authorize video feeds from the public safety video surveillance system to be forwarded to a specified location for monitoring by other than police personnel, such as allied government agencies, road or traffic crews, or fire or emergency operations personnel.
Unauthorized recording, viewing, reproduction, dissemination, or retention is prohibited. 340.3.2 CAMERA MARKINGS
All public areas monitored by public safety surveillance equipment shall be marked in a conspicuous manner with appropriate signs to inform the public that the area is under police surveillance. Signs should be well lit, placed appropriately and without obstruction to ensure visibility.
340.3.3 INTEGRATION WITH OTHER TECHNOLOGY
The Department may elect to integrate its public safety video surveillance system with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, license plate recognition, facial recognition and other video-based analytical systems may be considered based upon availability and the nature of department strategy.
The Department should evaluate the availability and propriety of networking or otherwise collaborating with appropriate private sector entities and should evaluate whether the use of certain camera systems, such as pan-tilt-zoom systems and video enhancement or other analytical technology, requires additional safeguards.
340.4 VIDEO SUPERVISION
Supervisors should monitor video surveillance access and usage to ensure members are within department policy and applicable laws. Supervisors should ensure such use and access is appropriately documented.
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340.4.1 PROHIBITED ACTIVITY
Public safety video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists.
Public safety video surveillance equipment shall not be used in an unequal or discriminatory manner and shall not target individuals or groups based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.
Video surveillance equipment shall not be used to harass, intimidate, or discriminate against any individual or group.
340.4.2 VIDEO LOG
A log should be maintained at all locations where video surveillance monitors are located. The log should be used to document all persons not assigned to the monitoring locations who have been given access to view or monitor images provided by the video surveillance cameras. The logs should, at a minimum, record the:
(a) Date and time access was given.
(b) Name and agency of the person being given access to the images. (c) Name of person authorizing access.
(d) Identifiable portion of images viewed.
340.5 STORAGE AND RETENTION OF MEDIA
All downloaded media shall be stored in a secure area with access restricted to authorized persons. A recording needed as evidence shall be copied to a suitable medium and booked into evidence in accordance with established evidence procedures. All actions taken with respect to retention of media shall be appropriately documented.
The type of video surveillance technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings should be stored and retained in accordance with the established records retention schedule and for a minimum of one year. Prior to destruction, written consent shall be obtained from the City Attorney. If recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved (Government Code § 34090.6).
Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures. 340.5.1 EVIDENTIARY INTEGRITY
All downloaded and retained media shall be treated in the same manner as other evidence.
Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as appropriate to preserve Emeryville Police Department
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individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
340.6 RELEASE OF VIDEO IMAGES
All recorded video images gathered by the public safety video surveillance equipment are for the official use of the Emeryville Police Department.
Requests for recorded video images from the public or the media shall be processed in the same manner as requests for department public records.
Requests for recorded images from other law enforcement agencies shall be referred to the Watch Commander for release in accordance with a specific and legitimate law enforcement purpose.
Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process. 340.7 TRAINING
All department members authorized to operate or access public video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, interaction with dispatch and patrol operations and a review regarding relevant policies and procedures, including this policy. Training should also address state and federal law related to the use of video surveillance equipment and privacy.
340.8 VIDEO SURVEILLANCE AUDIT
The Chief of Police or the authorized designee will conduct an annual review of the public safety video surveillance system. The review should include an analysis of the cost, benefit and effectiveness of the system, including any public safety issues that were effectively addressed or any significant prosecutions that resulted, and any systemic operational or administrative issues that were identified, including those related to training, discipline or policy.
The results of each review shall be appropriately documented and maintained by the Chief of Police or the authorized designee and other applicable advisory bodies. Any recommendations for training or policy should be promptly addressed.
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Child and Dependent Adult Safety
341.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that children and dependent adults are not left without appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from providing care due to actions taken by members of this department (Penal Code § 833.2(a)).
This policy does not address the actions to be taken during the course of a child abuse or dependent adult investigation. These are covered in the Child Abuse and Senior and Disability Victimization policies.
341.2 POLICY
It is the policy of this department to mitigate, to the extent reasonably possible, the stressful experience individuals may have when their parent or caregiver is arrested. The Emeryville Police Department will endeavor to create a strong, cooperative relationship with local, state and community-based social services to ensure an effective, collaborative response that addresses the needs of those affected, including call-out availability and follow-up responsibilities. 341.3 PROCEDURES DURING AN ARREST
When encountering an arrest or prolonged detention situation, officers should make reasonable attempts to determine if the arrestee is responsible for children or dependent adults. In some cases this may be obvious, such as when children or dependent adults are present. However, officers should inquire if the arrestee has caregiver responsibilities for any children or dependent adults who are without appropriate supervision. The following steps should be taken (Penal Code § 13517.7(b)(1)):
(a) Inquire about and confirm the location of any children or dependent adults. (b) Look for evidence of children and dependent adults. Officers should be mindful that some arrestees may conceal the fact that they have a dependent for fear the individual may be taken from them.
(c) Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to whether the person is responsible for a child or dependent adult.
Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing children or dependent adults from the scene in advance of the arrest will generally ensure the best outcome for the individual.
Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent or caregiver suggests this conversation would be non-productive, the officer at the scene should explain the reason for the arrest in age-appropriate language and offer reassurance to the child or dependent adult that he/she will receive appropriate care.
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341.3.1 AFTER AN ARREST
Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of the arrestee’s disclosed or discovered children or dependent adults.
Officers should allow the arrestee reasonable time to arrange for care of children and dependent adults. Temporary placement with family or friends may be appropriate. However, any decision should give priority to a care solution that is in the best interest of the child or dependent adult. In such cases the following guidelines should be followed:
(a) Allow the person reasonable time to arrange for the care of children and dependent adults with a responsible party, as appropriate.
1. Officers should consider allowing the person to use his/her cell phone to facilitate arrangements through access to contact phone numbers, and to lessen the likelihood of call screening by the recipients due to calls from unknown sources. (b) Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe environment), officers should respect the parent or caregiver’s judgment regarding arrangements for care. It is generally best if the child or dependent adult remains with relatives or family friends that he/she knows and trusts because familiarity with surroundings and consideration for comfort, emotional state and safety are important.
1. Except when a court order exists limiting contact, the officer should attempt to locate and place children or dependent adults with the non-arrested parent, guardian or caregiver.
(c) Provide for the immediate supervision of children or dependent adults until an appropriate caregiver arrives.
(d) Notify Child Protective Services or the Division of Aging and Adult Services, if appropriate.
(e) Notify the field supervisor or Watch Commander of the disposition of children or dependent adults.
If children or dependent adults are at school or another known location outside the household at the time of arrest, the arresting officer should attempt to contact the school or other known location and inform the principal or appropriate responsible adult of the caregiver’s arrest and of the arrangements being made for the care of the arrestee’s dependent. The result of such actions should be documented in the associated report.
341.3.2 DURING THE BOOKING PROCESS
During the booking process the arrestee shall be allowed to make additional telephone calls to relatives or other responsible individuals as is reasonably necessary to arrange for the care of any child or dependent adult. These telephone calls should be given as soon as practicable and are in addition to any other telephone calls allowed by law (Penal Code § 851.5(c)).
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If an arrestee is unable to resolve the care of any child or dependent adult through this process, a supervisor should be contacted to determine the appropriate steps to arrange for care. These steps may include additional telephone calls or contacting a local, county or state services agency. 341.3.3 REPORTING
(a) For all arrests where children are present or living in the household, the reporting member will document the following information:
(a) Name
(b) Sex
(c) Age
(d) Special needs (e.g., medical, mental health)
(e) How, where and with whom or which agency the child was placed (f) Identities and contact information for other potential caregivers (g) Notifications made to other adults (e.g., schools, relatives) (b) For all arrests where dependent adults are present or living in the household, the reporting member will document the following information:
1. Name
2. Sex
3. Age
4. Whether he/she reasonably appears able to care for him/herself
5. Disposition or placement information if he/she is unable to care for him/herself 341.3.4 SUPPORT AND COUNSELING REFERRAL
If, in the judgment of the handling officers, the child or dependent adult would benefit from additional assistance, such as counseling services, contact with a victim advocate or a crisis telephone number, the appropriate referral information may be provided. 341.4 DEPENDENT WELFARE SERVICES
Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child or dependent adult, the handling officer should contact the appropriate welfare service or other department-approved social service to determine whether protective custody is appropriate (Welfare and Institutions Code § 305).
Only when other reasonable options are exhausted should a child or dependent adult be transported to the police facility, transported in a marked patrol car, or taken into formal protective custody.
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Under no circumstances should a child or dependent adult be left unattended or without appropriate care.
341.5 TRAINING
The Professional Standards Section is responsible to ensure that all personnel of this department who may be involved in arrests affecting children or dependent adults receive approved POSTapproved training on effective safety measures when a parent, guardian or caregiver is arrested (Penal Code § 13517.7).
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Service Animals
342.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to ensure the rights of individuals who use service animals to assist with disabilities are protected in accordance with Title II of the Americans with Disabilities Act of 1990 (ADA).
342.1.1 DEFINITIONS
Definitions related to this policy include:
Service animal - A dog that is trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.
The work or tasks performed by a service animal must be directly related to the individual's disability (28 CFR 35.104; Health and Safety Code § 113903).
Service animal also includes a miniature horse if the horse is trained to do work or perform tasks for people with disabilities, provided the horse is housebroken, is under the handler’s control, the facility can accommodate the horse’s type, size and weight, and the horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR
35.136(i)).
342.2 POLICY
It is the policy of the Emeryville Police Department to provide services and access to persons with service animals in the same manner as those without service animals. Department members shall protect the rights of persons assisted by service animals in accordance with state and federal law. 342.3 IDENTIFICATION AND USE OF SERVICE ANIMALS
Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness or collar.
Service animals may be used in a number of ways to provide assistance, including:
• Guiding people who are blind or have low vision.
• Alerting people who are deaf or hard of hearing.
• Retrieving or picking up items, opening doors or flipping switches for people who have limited use of their hands, arms or legs.
• Pulling wheelchairs.
• Providing physical support and assisting with stability and balance. • Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities or psychiatric disabilities, such as reminding a person with depression to take medication.
• Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with Emeryville Police Department
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schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines. 342.4 MEMBER RESPONSIBILITIES
Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the general public is allowed. Department members are expected to treat individuals with service animals with the same courtesy and respect that the Emeryville Police Department affords to all members of the public (28 CFR 35.136). 342.4.1 INQUIRY
If it is apparent or if a member is aware that an animal is a service animal, the individual generally should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the member should ask the individual only the following questions (28 CFR 35.136(f)):
• Is the animal required because of a disability?
• What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal’s status should be asked. The individual should not be questioned about his/her disability nor should the person be asked to provide any license, certification or identification card for the service animal.
342.4.2 CONTACT
Service animals are not pets. Department members should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal.
342.4.3 REMOVAL
If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, an officer may direct the handler to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the service animal (28 CFR 35.136(b)).
Each incident must be considered individually and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities. Members of this department are expected to provide all services as are reasonably available to an individual with a disability, with or without a service animal. 342.4.4 COMPLAINTS
When handling calls of a complaint regarding a service animal, members of this department should remain neutral and should be prepared to explain the ADA requirements concerning service Emeryville Police Department
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animals to the concerned parties. Businesses are required to allow service animals to accompany their handlers into the same areas that other customers or members of the public are allowed (28 CFR 36.302).
Absent a violation of law independent of the ADA, officers should take no enforcement action beyond keeping the peace. Individuals who believe they have been discriminated against as a result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice (DOJ).
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Volunteer Program
343.1 PURPOSE AND SCOPE
It is the policy of this department to use qualified volunteers for specified tasks and duties in order to create efficiencies for the Department and improve services to the community. Volunteers are intended to supplement and support, rather than supplant, sworn officers and professional personnel. Volunteers can be an important part of any organization and are proven to be a valuable asset to law enforcement agencies. Volunteers help to increase departmental responsiveness, delivery of services and information input, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the Department and prompt new enthusiasm. 343.1.1 DEFINITION OF VOLUNTEER
An individual who performs a service for the Department without promise, expectation or receipt of compensation for services rendered. This may include unpaid chaplains, unpaid reserve officers, interns, persons providing administrative support and youth involved in a law enforcement Explorer Post, among others.
343.2 VOLUNTEER MANAGEMENT
343.2.1 VOLUNTEER COORDINATOR
The Volunteer Coordinator shall be appointed by the Professional Services Division Captain.The function of the Volunteer Coordinator is to provide a central coordinating point for effective volunteer management within the Department, and to direct and assist staff and volunteer efforts to jointly provide more productive services. The Volunteer Coordinator should work with other Department staff on an ongoing basis to assist in the development and implementation of volunteer-staffed positions.
The Volunteer Coordinator, or his/her designee, shall be responsible for the following:
(a) Recruiting, selecting and training qualified volunteers for various positions. (b) Facilitating the implementation of new volunteer activities and assignments. (c) Maintaining records for each volunteer.
(d) Tracking and evaluating the contribution of volunteers. (e) Maintaining the volunteer handbook and outlining expectations, policies and responsibilities for all volunteers.
(f) Maintaining a record of volunteer schedules and work hours. (g) Completion and dissemination as appropriate of all necessary paperwork and information.
(h) Planning periodic recognition events.
(i) Administering discipline when warranted.
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(j) Maintaining liaison with other volunteer-utilizing programs in the community and assisting in community-wide efforts to recognize and promote volunteering. 343.2.2 RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis consistent with department policy on equal opportunity nondiscriminatory employment. A primary qualification for participation in the application process should be an interest in, and an ability to assist the Department in serving the public. Additionally, all volunteers must have successfully completed the Department's Community Academy.
343.2.3 SCREENING
All prospective volunteers should complete the volunteer application form. The Volunteer Coordinator or designee should conduct a face-to-face interview with an applicant under consideration.
A documented background investigation shall be completed on each volunteer applicant and shall include, but not necessarily be limited to, the following:
(a) Traffic and criminal background check. Fingerprints shall be obtained from all applicants and processed through the California Criminal Information Index. (b) Employment
(c) References
(d) Credit check
A polygraph exam may be required of each applicant depending on the type of assignment. 343.2.4 SELECTION AND PLACEMENT
Service as a volunteer with the Department shall begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the Department, who will normally be the Volunteer Coordinator. No volunteer should begin any assignment until they have been officially accepted for that position and completed all required screening and paperwork. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of their position description and agreement of service with the Department. All volunteers shall receive a copy of the volunteer handbook and shall be required to sign a volunteer agreement.
Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department. 343.2.5 TRAINING
Volunteers will be provided with an orientation program to acquaint them with the Department, personnel, policies and procedures that have a direct impact on their work assignment.
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Volunteers should receive position-specific training to ensure they have adequate knowledge and skills to complete tasks required by the position and should receive periodic ongoing training as deemed appropriate by their supervisor or the Volunteer Coordinator.
Training should reinforce to volunteers that they may not intentionally represent themselves as, or by omission infer that they are sworn officers or other full-time members of the Department. They shall always represent themselves as volunteers.
All volunteers shall comply with the rules of conduct and with all orders and directives, either oral or written, issued by the Department.
343.2.6 FITNESS FOR DUTY
No volunteer shall report to work or be on-duty when his/her judgment or physical condition has been impaired by alcohol, medication, other substances, illness or injury.
Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill their duties. This includes, but is not limited to, the following:
(a) Driver license
(b) Medical condition
(c) Arrests
(d) Criminal investigations
All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol use.
343.2.7 DRESS CODE
As representatives of the Department, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their duties.
Volunteers shall conform to department-approved dress consistent with their duty assignment.
Uniforms authorized for volunteers should be readily distinguishable from those worn by sworn officers. The uniform or identifiable parts of the uniform shall not be worn while off-duty except volunteers may choose to wear the uniform while in transit to or from official department assignments or functions provided an outer garment is worn over the uniform shirt so as not to bring attention to the volunteer while he/she is off duty.
Volunteers shall be required to return any issued uniform or department property at the termination of service.
343.3 SUPERVISION OF VOLUNTEERS
Each volunteer who is accepted to a position with the Department must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor will be Emeryville Police Department
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responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance.
A volunteer may be assigned as and act as a supervisor of other volunteers provided that the supervising volunteer is under the direct supervision of a paid staff member.
Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit where the volunteer is assigned. Following are some considerations to keep in mind while supervising volunteers:
(a) Take the time to introduce volunteers to employees on all levels. (b) Ensure volunteers have work space and necessary office supplies. (c) Make sure the work is challenging. Do not hesitate to give them an assignment or task that will tap these valuable resources.
343.4 CONFIDENTIALITY
With appropriate security clearance, volunteers may have access to confidential information such as criminal histories or investigative files. Unless otherwise directed by a supervisor or departmental policy, all information shall be considered confidential. Only that information specifically identified and approved by authorized personnel shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by departmental policy and supervisory personnel.
Each volunteer will be required to sign a nondisclosure agreement before being given an assignment with the Department. Subsequent unauthorized disclosure of any confidential information, verbally, in writing or by any other means, by the volunteer is grounds for immediate dismissal and possible criminal prosecution.
Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to a newspaper or other periodical, release or divulge any information concerning the activities of the Department, or maintain that they represent the Department in such matters without permission from the Chief of Police. 343.5 PROPERTY AND EQUIPMENT
Volunteers will be issued an identification card that must be worn at all times while on-duty. Any fixed and portable equipment issued by the Department shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the Department and shall be returned at the termination of service.
343.5.1 VEHICLE USE
Volunteers assigned to duties such as vacation house checks or other assignments that require the use of a vehicle must first complete the following:
(a) A driving safety briefing and department approved driver safety course.
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(b) Verification that the volunteer possesses a valid California Driver License. (c) Verification that the volunteer carries current vehicle insurance.
The Volunteer Coordinator should insure that all volunteers receive safety briefing updates and license and insurance verification at least once a year.
When operating a Department vehicle, volunteers shall obey all rules of the road, including seat belt requirements. Smoking is prohibited in all Department vehicles.
Volunteers should not operate a marked patrol car unless there is a prominently placed sign indicating that it is out of service and are not authorized to operate a Department vehicle Code-3. 343.5.2 RADIO AND MDC USAGE
Volunteers shall successfully complete CLETS and radio procedures training prior to using the police radio or MDC and comply with all related provisions. The Volunteer Coordinator should ensure that radio and CLETS training is provided for volunteers whenever necessary. 343.6 DISCIPLINARY PROCEDURES/TERMINATION
A volunteer may be removed from the volunteer program at the discretion of the Chief of Police.
Volunteers shall have no property interests in their continued appointment. However, if a volunteer is removed for alleged misconduct, the volunteer will be afforded an opportunity solely to clear his/ her name through a liberty interest hearing which shall be limited to a single appearance before the Chief of Police or authorized designee.
Volunteers may resign from volunteer service with the Department at any time. It is requested that volunteers who intend to resign provide advance notice of their departure and a reason for their decision.
343.6.1 EXIT INTERVIEWS
Exit interviews, where possible, should be conducted with volunteers who are leaving their positions. The interview should ascertain why the volunteer is leaving the position and solicit the volunteer's suggestions on improving the position. When appropriate, the interview should also include a discussion on the possibility of involvement in some other capacity with the Department. 343.7 EVALUATION
An evaluation of the overall volunteer program will be conducted on an annual basis by the Volunteer Coordinator. Regular evaluations should be conducted with volunteers to ensure the best use of human resources available, to ensure personnel problems can be identified and dealt with promptly and fairly, and to ensure optimum satisfaction on the part of volunteers.
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Off-Duty Law Enforcement Actions
344.1 PURPOSE AND SCOPE
The decision to become involved in a law enforcement action when off-duty can place an officer as well as others at great risk and must be done with careful consideration. This policy is intended to provide guidelines for officers of the Emeryville Police Department with respect to taking law enforcement action while off-duty.
344.2 POLICY
Initiating law enforcement action while off-duty is generally discouraged. Officers should not attempt to initiate enforcement action when witnessing minor crimes, such as suspected intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly reported to the appropriate law enforcement agency.
Officers are not expected to place themselves in unreasonable peril. However, any sworn member of this department who becomes aware of an incident or circumstance that he/she reasonably believes poses an imminent threat of serious bodily injury or death, or significant property damage may take reasonable action to minimize the threat.
When public safety or the prevention of major property damage requires immediate action, officers should first consider reporting and monitoring the activity and only take direct action as a last resort.
344.3 FIREARMS
Officers of this department may carry firearms while off-duty in accordance with federal and State regulations and department policy. All firearms and ammunition must meet guidelines as described in the department Firearms Policy. When carrying firearms while off-duty officers shall also carry their department-issued identification.
Officers should refrain from carrying firearms when the consumption of alcohol is likely or when the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried by any officer who has consumed an amount of an alcoholic beverage or taken any drugs that would tend to adversely affect the officer's senses or judgment. 344.4 DECISION TO INTERVENE
There is no legal requirement for off-duty officers to take law enforcement action. However, should officers decide to intervene, they must evaluate whether the action is necessary or desirable, and should take into consideration the following:
(a) The tactical disadvantage of being alone and the fact there may be multiple or hidden suspects.
(b) The inability to communicate with responding units. (c) The lack of equipment, such as handcuffs, OC or baton.
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(d) The lack of cover.
(e) The potential for increased risk to bystanders if the off-duty officer were to intervene. (f) Unfamiliarity with the surroundings.
(g) The potential for the off-duty officer to be misidentified by other peace officers or members of the public.
Officers should consider waiting for on-duty uniformed officers to arrive, and gather as much accurate intelligence as possible instead of immediately intervening. 344.4.1 INTERVENTION PROCEDURE
If involvement is reasonably necessary the officer should attempt to call or have someone else call 9-1-1 to request immediate assistance. The dispatcher should be informed that an off-duty officer is on-scene and should be provided a description of the officer if possible.
Whenever practicable, the officer should loudly and repeatedly identify him/herself as an Emeryville Police Department officer until acknowledged. Official identification should also be displayed.
344.4.2 INCIDENTS OF PERSONAL INTEREST
Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor disputes) and should remain neutral. In such circumstances officers should call the responsible agency to handle the matter.
344.4.3 PROFESSIONAL STAFF'S RESPONSIBILITIES
Civilian personnel should not become involved in any law enforcement actions while off-duty except to notify the local law enforcement authority and remain at the scene, if safe and practicable. 344.4.4 OTHER CONSIDERATIONS
When encountering a non-uniformed officer in public, uniformed officers should wait for acknowledgement by the non-uniformed officer in case he/she needs to maintain an undercover capability.
344.5 REPORTING
Any off-duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall notify the Watch Commander as soon as practicable, but no less than 24 hours after the incident.
The employee shall also submit a memorandum to the Chief of Police, via Chain of Command, summarizing the incident upon their next shift on-duty. The Watch Commander shall determine whether a report should be filed by the employee.
Officers should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate.
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Native American Graves Protection and
Repatriation
345.1 PURPOSE AND SCOPE
This policy is intended ensure the protection and security of ancient or historic grave sites, including notification of personnel responsible for cultural items, in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.). 345.1.1 DEFINITIONS
Definitions related to this policy include (43 CFR 10.2):
Funerary objects and associated funerary objects - Objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains, or that were made exclusively for burial purposes or to contain human remains.
Native American human remains - The physical remains of the body of a person of Native American ancestry.
Objects of cultural patrimony - Objects having ongoing historical, traditional or cultural importance that is central to the Native American group or culture itself and therefore cannot be appropriated or conveyed by any individual, including members of the Native American group or Native Hawaiian organization. Such objects must have been considered inalienable by the Native American group at the time the object was separated from the group.
Sacred objects - Specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions. 345.2 POLICY
It is the policy of the Emeryville Police Department that the protection of Native American human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony is the responsibility of all members. Such protection includes minimizing destruction, contamination, inadvertent disruption or complicated custody transfer processes. 345.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND
REPATRIATION ACT
Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave, human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony are exposed or otherwise unsecured, members shall secure the site in the same manner as a crime scene. All activity at the scene other than scene preservation activity must cease (43 CFR 10.4).
No photography or video recording may be permitted by the media or any group or individual who may wish to exhibit the remains.
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Without delay, the appropriate agency or group shall be notified to respond and take control of the scene. These include the following (43 CFR 10.4):
• Federal land - Appropriate agency at the U.S. Department of the Interior or U.S.
Department of Agriculture
• State land/Private land - Coroner, when appropriate (Health and Safety Code § 7050.5)
• Tribal land - Responsible Indian tribal official
345.4 EVIDENCE AND PROPERTY
If the location has been investigated as a possible homicide scene prior to identification as a NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure the proper transfer and repatriation of any material collected. Members shall ensure that any remains or artifacts located at the site are expediently processed (43 CFR 10.6).
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Department Use of Social Media
346.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that any use of social media on behalf of the Department is consistent with the department mission.
This policy does not address all aspects of social media use. Specifically, it does not address:
• Personal use of social media by department members (see the Employee Speech, Expression and Social Networking Policy).
• Use of social media in personnel processes (see the Recruitment and Selection Policy).
• Use of social media as part of a criminal investigation, other than disseminating information to the public on behalf of this department (see the Investigation and Prosecution Policy).
346.1.1 DEFINITIONS
Definitions related to this policy include:
Social media - Any of a wide array of Internet-based tools and platforms that allow for the sharing of information, such as the department website or social networking services 346.2 POLICY
The Emeryville Police Department may use social media as a method of effectively informing the public about department services, issues, investigations and other relevant events.
Department members shall ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.
346.3 AUTHORIZED USERS
Only members authorized by the Chief of Police or the authorized designee may utilize social media on behalf of the Department. Authorized members shall use only department-approved equipment during the normal course of duties to post and monitor department-related social media, unless they are specifically authorized to do otherwise by their supervisors.
The Chief of Police may develop specific guidelines identifying the type of content that may be posted. Any content that does not strictly conform to the guidelines should be approved by a supervisor prior to posting.
Requests to post information over department social media by members who are not authorized to post should be made through the member’s chain of command. 346.4 AUTHORIZED CONTENT
Only content that is appropriate for public release, that supports the department mission and conforms to all department policies regarding the release of information may be posted.
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Examples of appropriate content include:
(a) Announcements.
(b) Tips and information related to crime prevention.
(c) Investigative requests for information.
(d) Requests that ask the community to engage in projects that are relevant to the department mission.
(e) Real-time safety information that is related to in-progress crimes, geographical warnings or disaster information.
(f) Traffic information.
(g) Press releases.
(h) Recruitment of personnel.
346.4.1 INCIDENT-SPECIFIC USE
In instances of active incidents where speed, accuracy and frequent updates are paramount (e.g., crime alerts, public safety information, traffic issues), the Press Information Officer or the authorized designee will be responsible for the compilation of information to be released, subject to the approval of the Incident Commander.
346.5 PROHIBITED CONTENT
Content that is prohibited from posting includes, but is not limited to:
(a) Content that is abusive, discriminatory, inflammatory or sexually explicit. (b) Any information that violates individual rights, including confidentiality and/or privacy rights and those provided under state, federal or local laws. (c) Any information that could compromise an ongoing investigation. (d) Any information that could tend to compromise or damage the mission, function, reputation or professionalism of the Emeryville Police Department or its members. (e) Any information that could compromise the safety and security of department operations, members of the Department, victims, suspects or the public. (f) Any content posted for personal use.
(g) Any content that has not been properly authorized by this policy or a supervisor.
Any member who becomes aware of content on this department’s social media site that he/she believes is unauthorized or inappropriate should promptly report such content to a supervisor. The supervisor will ensure its removal from public view and investigate the cause of the entry. 346.5.1 PUBLIC POSTING PROHIBITED
Department social media sites shall be designed and maintained to prevent posting of content by the public.
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The Department may provide a method for members of the public to contact department members directly.
346.6 MONITORING CONTENT
The Chief of Police will appoint a supervisor to review, at least annually, the use of department social media and report back on, at a minimum, the resources being used, the effectiveness of the content, any unauthorized or inappropriate content, and the resolution of any issues.
Department members who observe social media posts, comments, or tags alleging officer misconduct or discriminatory language/content should notify their supervisor as soon as practical.
Removal of posts will be the discretion of the on-duty Watch Commander. If a post is removed the Watch Commander shall make a notification, via the Chain of Command.
Social media posts/comments requiring immediate action shall follow the Major Incident Notification policy guidelines.
346.7 RETENTION OF RECORDS
The Professional Services and Standards Captain should work with the Records Manager to establish a method of ensuring that public records generated in the process of social media use are retained in accordance with established records retention schedules. 346.8 TRAINING
Authorized members should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination and retention of information posted on department sites.
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Notification to Victims per 293 PC
347.1 PURPOSE AND SCOPE
The purpose of this policy is to establish policy and procedure for compliance with 293 PC, which mandates specific notification be made to victims of specific crimes, to wit: 220, 261, 261.5, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, 422.75, 649.9 and sexually motivated 647.6 P.C. (264, 264.1 and 422.7 PC are punishment sections) 347.2 PROCEDURE
Inform victims of the following crimes that their name, address and age will become a matter of public records unless withholding the information is speciifcally requested per 293 P.C.:
(a) Assault with intent to commit mayhem or specified sex offenses (220 PC) (b) Rape (261 PC)
(c) Unlawful sexual intercourse (261.5 PC)
(d) Spousal rape (262 PC)
(e) Great bodily harm to a child or endangerment (273a PC) (f) Corporal punishment or injury on child resulting in traumatic condition (273d PC) (g) Infliction of injury on spouse, cohabitee, or parent of child (273.5 PC) (h) Sodomy (286 PC)
(i) Lewd or lascivious acts involving children (288 PC) (j) Oral copulation (288a PC)
(k) Penetration with a foreign object (289 PC)
(l) Injury or threat or intimidation of same because of beliefs or characteristics (422.6 and 422.7 PC)
(m) Stalking )646.9 PC)
(n) Sexually motivated annoying or molesting children (647. 6 PC) The victim's response shall be recorded on the "Notification to Victims" form.This form shall only be used for victims of crimes specified in 293 PC.
347.3 RESPONSIBILTIES
347.3.1 INVESTIGATING OFFICER
The investigating officer shall advise victims of their right to confidentiality.The victim's response shall be recorded on the report.
(a) No victim information shall appear on the face sheet of the report.Instead the reporting officer shall write a line through the victim information box on the face sheet of the report and write "Confidential".
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(b) Throughout the narrative portion of the report, the victim shall be referred to as (V). (c) The victim shall be referred to as (V) on all follow-up reports, evidence sheets, and related documents.
(d) All miscellaneous documents bearing the victim's name shall be clipped together by the reporting officer and the victim's name and identifying information shall be underlined for ease in redacting victim information.
(e) In the event of mutual arrest or complaint request, list both parties as V1 and V2 on the face sheet and proceed as specified above.Both parties shall also have their names and identifying information listed on page 2 in the suspect/arrest section.Throughout the body of the report they shall be referred to as V/S 1 and V/S2. 347.3.2 DISPATCHER
Incident Log entries for all such victims, whether or not they request confidentiality, shall display three sets of asterisks (***) wherever the victim's name appears.When the log is printed, the dispatcher shall blackout the the victim's name, age, and address information on the public copy of the Incident Log.
347.3.3 RECORDS
When the victim elects confidentiality, Records personnel will do the following:
(a) DA routing: A copy of the original 293 Notification form, along with the back containing the victim information shall be stamped with the controlled document stamp and enclosed in an envelope stamped "Confidential per 293 PC".Write the report number on the envelope.Attach it with the disposition sheet.
(b) Copy side 1 of the 293 Notification form for the department report and route with all copies of the report.Route side 2 only as indicated in "A" above. (c) The original 293 Notification form shall be placed in an envelope stamped "Confidential per 293".It shall be stapled, immediately following the face sheet, in the original department report.Write the case number on the envelope. (d) When Department personnel require copies of the report and need victim information, use the procedure outlined in "A" above.
(e) When the report is first processed (routed), review the report for documents which may contain the victim's name: i.e.; an Emergency Protective Order, hospital forms, DOJ SS872 and SS8583, etc.The reporting officers should have identified these documents per the guidelines of this policy. Copy these documents before routing the report and and redact the victim's name and identifying information on the copies:Route the redacted copies with the report, Keep the redacted copies within the Department report, enclose the documents containing the victim name in the Department envelope marked "Confidential per 293 PC".
(f) Copies of incident entries released to the public shall have the victim's name, age and address redacted before release.
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(g) When requesting information per 6254 (f) GC, the victim of the crime will be provided a copy of the "Notification to Victims" and the supplement containing victim information.Stamp victim's copy with the "controlled Document" stamp. (h) Release of victim's name, age, and address information shall be limited to the prosecutor or other persons or agencies authorized by law, 293 (c) and 293(d) PC). (i) Whenever the Department receives a request for a copy of a report where the victim has requested confidentiality under 293 PC, the release must be approved by the Police Services Manager or the Professional Services Captain. (j) Requests for victim information, via Subpoena Duces Tecum, are NOT sufficient.A Court Order shall be required for release of the victim's information.
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Gun Violence Restraining Orders
348.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for petitioning and serving gun violence restraining orders and accounting for the firearms obtained pursuant to those orders (Penal Code § 18108).
348.1.1 DEFINITIONS
Definitions related to this policy include:
Gun violence restraining order - Civil restraining order prohibiting a named person from controlling, owning, purchasing, possessing, receiving, or otherwise having custody of any firearms or ammunition, including an ammunition magazine (Penal Code § 18100). 348.2 POLICY
It is the policy of the Emeryville Police Department to petition for and serve gun violence restraining orders in compliance with state law and to properly account for firearms and ammunition obtained by the Department pursuant to such orders.
348.3 GUN VIOLENCE RESTRAINING ORDERS
An officer who reasonably believes a person is a present danger to self or another person by controlling, owning, purchasing, possessing, receiving, or otherwise having custody of a firearm may request permission from the officer's supervisor to petition the court for a gun violence restraining order.
Officers petitioning the court should use the forms established by the Judicial Council (Penal Code § 18105). The petition should describe the number, types, and locations of any firearms and ammunition that the officer believes to be possessed or controlled by the person (Penal Code § 18107). The petition should also describe why less-restrictive alternatives are ineffective or inadequate for the circumstances (Penal Code § 18125; Penal Code § 18150; Penal Code § 18175).
If it is not practical under the circumstances to submit a written petition, an officer may submit the petition electronically or orally request a temporary order (Penal Code § 18122; Penal Code § 18140).
348.3.1 ADDITIONAL CONSIDERATIONS
Officers should also consider requesting permission to petition the court for a gun violence restraining order (Penal Code § 18108):
(a) When responding to a domestic disturbance where the residence is associated with a firearm registration or record.
(b) When responding to any call or incident when a firearm is present or when one of the involved parties owns or possesses a firearm.
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(c) During a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions if that person owns or possesses a firearm.
Officers should consider obtaining a mental health evaluation if the encounter involves a situation where there is a reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themselves or another person by having custody or control of a firearm (see the Mental Illness Commitments Policy) (Penal Code § 18108). 348.4 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS
An officer serving any gun violence restraining order shall:
(a) Verbally ask the subject of the order if he/she has any firearm, ammunition, or magazine in his/her possession or under his/her custody or control (Penal Code § 18160).
(b) Request that any firearms or ammunition be immediately surrendered and issue a receipt for the surrendered items (Penal Code § 18120). (c) Take into temporary custody any firearm or other deadly weapon discovered in plain view or pursuant to consent or other lawful search (Penal Code § 18250). (d) Inform the restrained person of any scheduled hearing regarding the order (Penal Code § 18160).
(e) Transmit the original proof of service form to the issuing court as soon as practicable but within one business day (Penal Code § 18115).
(f) As soon as practicable, but by the end of his/her shift, submit proof of service to the Police Services Manager for prompt entry into the California Restraining and Protective Order System (Penal Code § 18115).
The officer should also inform the restrained person that he/she is required, within 24 hours, to surrender to a law enforcement agency any other firearms and ammunition he/she owns or that are in his/her custody or control or sell them to a firearms dealer. This notification should be documented.
All firearms and ammunition collected shall be handled and booked in accordance with the Property and Evidence Policy.
348.4.1 TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDERS An officer requesting a temporary emergency gun violence restraining order shall (Penal Code § 18140):
(a) For oral requests, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.
(b) Serve the order on the restrained person if the person can be reasonably located. (c) Forward a copy of the order to the Police Services Manager for filing with the court and appropriate databases.
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348.5 SEARCH WARRANTS
If a person who has been served with a gun violence restraining order refuses to surrender any firearm or ammunition, the officer should consider whether to seek a search warrant. If a search warrant is to be obtained, the preparation and service of the search warrant shall be done in accordance with the Warrant Service Policy. Additionally, (Penal Code § 1542.5):
(a) The officer serving the warrant shall take custody of any firearm or ammunition that is controlled, possessed or owned by the person who is the subject of the gun violence restraining order, including any discovered pursuant to the warrant, a consensual search or other lawful search.
(b) If the location being searched is jointly occupied and the firearm or ammunition is owned by a person other than the restrained person, the firearm or ammunition should not be seized if the following conditions are met:
1. The firearm or ammunition can be stored in a manner that does not allow the restrained person to have control or access.
2. There is no evidence that the owner unlawfully possesses the firearm or ammunition.
(c) If a locked gun safe belonging to someone other than the subject of a gun violence restraining order is discovered, the officer shall not search the contents of the safe unless the owner consents or there is a valid search warrant for the safe. Any search of the safe must be done in the owner’s presence.
348.6 POLICE SERVICES MANAGER RESPONSIBILITIES
The Police Services Manager is responsible for ensuring:
(a) Proof of service of any gun violence restraining order served by an officer or received from the clerk of the court is entered in the computer database system for protective and restraining orders maintained by the Department of Justice within one business day of service if served by an officer, or within one business day of receipt of proof of service if served by a person other than a law enforcement officer (Penal Code § 18115).
(b) Temporary orders are entered into the California Restraining and Protective Order System (Penal Code § 18140).
(c) Copies of temporary orders are filed with the court as soon as practicable, but no later than three court days, after issuance (Penal Code § 18140). (d) Copies of receipts of surrendered firearms or ammunition issued by other agencies for gun violence restraining orders issued by the Department are properly maintained (Penal Code § 18120).
(e) Any relinquishment of firearm rights form received from the court is entered into the California Restraining and Protective Order System within one business day of receipt (Penal Code § 18115).
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348.7 COURT-ORDERED FIREARMS AND AMMUNITION SURRENDERS
Authorized members shall accept firearms and ammunition from any individual who is the subject of a gun violence restraining order. The member receiving any firearm or ammunition shall:
(a) Record the individual’s name, address and telephone number. (b) Record the serial number of the firearm.
(c) Prepare an incident report and property report.
(d) Provide a property receipt to the individual who surrendered the firearms and ammunition.
(e) Package and submit the firearms and ammunition in accordance with the Property and Evidence Policy.
348.8 RELEASE OF FIREARMS AND AMMUNITION
Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with Penal Code § 18120 and the Property and Evidence Policy. 348.9 GUN VIOLENCE RESTRAINING ORDER COORDINATOR
The Chief of Police will appoint a gun violence restraining order coordinator. The responsibilities of the coordinator include:
(a) Developing and maintaining procedures for the filing of a petition for an order or a renewal of an order by department members, also including procedures for requesting and serving (Penal Code § 18108):
1. A temporary emergency gun violence restraining order.
2. An ex parte gun violence restraining order.
3. A gun violence restraining order issued after notice and hearing. (b) Developing and maintaining factors to consider when assessing the need to seek an order, including:
1. Whether threats have been made, and if so, whether the threats are credible and specific.
2. Whether the potential victim is within close proximity.
3. Whether the person has expressed suicidal tendencies.
4. Whether the person has access to firearms.
5. The criminal history of the person, in particular any history of criminal violence, including whether the person is currently on parole, probation, or monitored release.
6. The mental health history of the person, in particular whether the person has any history of mental illness or has ever been detained for being a danger to themselves or others.
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7. Any upcoming holidays, anniversaries, or other dates of significance that may serve as a trigger for the person, such as the death of a family member.
8. Whether the person has any history of drug or alcohol abuse. (c) Developing and maintaining procedures for the receipt and service of orders consistent with the requirements of Penal Code § 18115; Penal Code § 18120; Penal Code § 18135; Penal Code § 18140; and Penal Code § 18160. Procedures should include:
1. Evaluation of an order to determine appropriate service and necessary precautions (see the Warrant Service Policy and the Operations Planning and Deconfliction Policy).
2. Forwarding orders to the Police Services Manager for recording in appropriate databases and required notice to the court, as applicable.
3. Preparing or obtaining a search warrant prior to attempting service of an order, when appropriate (Penal Code § 18108).
4. Seizure procedures of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order.
5. Verification procedures for the removal of firearms and ammunition from the subject of a gun violence restraining order.
(d) Coordinating with the Professional Services Officer to provide officers who may be involved in petitioning for or serving orders with training on such orders. Training should include determining when a petition is appropriate, the process for seeking an order, and the service of such orders.
(e) Reviewing each petition and any associated court documents for an order prepared by members, for compliance with this policy, department procedures, and state law. (f) Developing and maintaining procedures for members to accept voluntarily surrendered prohibited items at times other than when an order is being served by the Department.
1. Procedures should include preparing and providing a receipt identifying all prohibited items to the person surrendering the items.
(g) Coordinating review of notices of court hearings and providing notice to the appropriate officer of the hearing date and the responsibility to appear (Penal Code § 18108). 348.10 RENEWAL OF GUN VIOLENCE RESTRAINING ORDERS
The Criminal Investigations Section supervisor is responsible for the review of a gun violence restraining order obtained by the Department to determine if renewal should be requested within the time prescribed by law (Penal Code § 18190).
348.11 POLICY AVAILABILITY
The Chief of Police or the authorized designee shall be responsible for making this policy available to the public upon request (Penal Code § 18108).
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348.12 TRAINING
The Professional Services Officer should ensure that members receive periodic training on the requirements of this policy (Penal Code § 18108).
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Community Relations
349.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for community relationship-building.
Additional guidance on community relations and outreach is provided in other policies, including the:
• Hate Crimes Policy.
• Limited English Proficiency Services Policy.
• Communications with Persons with Disabilities Policy. • Chaplains Policy.
• Patrol Function Policy.
• Suspicious Activity Reporting Policy.
349.2 POLICY
It is the policy of the Emeryville Police Department to promote positive relationships between members of the department and the community by treating community members with dignity and respect and engaging them in public safety strategy development and relationship-building activities, and by making relevant policy and operations information available to the community in a transparent manner.
349.3 MEMBER RESPONSIBILITIES
Officers should, as time and circumstances reasonably permit:
(a) Make casual and consensual contacts with community members to promote positive community relationships (see the Detentions and Photographing Detainees Policy). (b) Become reasonably familiar with the schools, businesses and community groups in their assigned jurisdictional areas.
(c) Work with community members and the department community relations coordinator to identify issues and solve problems related to community relations and public safety. (d) Conduct daily foot patrols of their assigned areas to facilitate interaction with community members. Officers carrying out foot patrols should notify the Communications Center of their status (i.e., on foot patrol) and location before beginning and upon completion of the foot patrol. They should also periodically inform the Communications Center of their location and status during the foot patrol. 349.4 COMMUNITY RELATIONS COORDINATOR
The Chief of Police or the authorized designee should designate a member of the Department to serve as the community relations coordinator when department staffing levels permit such an Emeryville Police Department
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assignment. He/she should report directly to the Chief of Police or authorized designee and is responsible for:
(a) Obtaining department-approved training related to his/her responsibilities. (b) Responding to requests from department members and the community for assistance in identifying issues and solving problems related to community relations and public safety.
(c) Organizing surveys to measure the condition of the department’s relationship with the community.
(d) Working with community groups, department members and other community resources to:
1. Identify and solve public safety problems within the community.
2. Organize programs and activities that help build positive relationships between department members and the community and provide community members with an improved understanding of department operations.
(e) Working with the Field Services Division Captain to develop patrol deployment plans that allow officers the time to participate in community engagement and problemsolving activities. (f) Recognizing department and community members for exceptional work or performance in community relations efforts.
(g) Attending City council and other community meetings to obtain information on community relations needs.
(h) Assisting with the department’s response to events that may affect community relations, such as an incident where the conduct of a department member is called into public question.
(i) Informing the Chief of Police and others of developments and needs related to the furtherance of the department’s community relations goals, as appropriate. 349.5 SURVEYS
The community relations coordinator should arrange for a survey of community members and department members to be conducted at least annually to assess the condition of the relationship between the Department and the community. Survey questions should be designed to evaluate perceptions of the following:
(a) Overall performance of the Department
(b) Overall competence of department members
(c) Attitude and behavior of department members
(d) Level of community trust in the Department
(e) Safety, security or other concerns
A written summary of the compiled results of the survey should be provided to the Chief of Police.
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349.6 COMMUNITY AND YOUTH ACTIVITIES AND PROGRAMS
The community relations coordinator should organize or assist with programs and activities that create opportunities for department members and community members, especially youth, to interact in a positive setting. Examples of such programs and events include:
(a) Department-sponsored athletic programs (e.g., baseball, basketball, soccer, bowling). (b) Police-community get-togethers (e.g., cookouts, meals, charity events). (c) Youth leadership and life skills mentoring.
(d) School resource program.
(e) Neighborhood Watch, Circle of Council, Town Hall meetings, and crime prevention programs.
349.7 INFORMATION SHARING
The community relations coordinator should work with the Captain of Services or the Captain of Operations to develop methods and procedures for the convenient sharing of information (e.g., major incident notifications, significant changes in department operations, comments, feedback, positive events) between the Department and community members. Examples of informationsharing methods include:
(a) Community meetings.
(b) Social media (see the Department Use of Social Media Policy). (c) Department website postings.
Information should be regularly refreshed, to inform and engage community members continuously.
349.8 LAW ENFORCEMENT OPERATIONS EDUCATION
The community relations coordinator should develop methods to educate community members on general law enforcement operations so they may understand the work that officers do to keep the community safe. Examples of educational methods include:
(a) Development and distribution of informational cards/flyers. (b) Department website postings.
(c) Presentations to driver education classes.
(d) Instruction in schools when requested.
(e) Department ride-alongs (see the Ride-Along Policy). (f) Scenario/Simulation exercises with community member participation. (g) Youth internships at the Department.
(h) Community and Youth academies.
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Instructional information should include direction on what community members can expect when interacting with the police during enforcement or investigative contacts and how community members can make a complaint to the department regarding alleged misconduct or inappropriate job performance by department members.
349.9 SAFETY AND OTHER CONSIDERATIONS
Department members responsible for community relations activities should consider the safety of the community participants and, as much as reasonably practicable, not allow them to be present in any location or situation that would jeopardize their safety.
Department members in charge of community relations events should ensure that participating community members have completed waiver forms before participation, if appropriate. A parent or guardian must complete the waiver form if the participating community member has not reached 18 years of age.
Community members are subject to a criminal history check before approval for participation in certain activities, such as citizen academies.
349.10 COMMUNITY ADVISORY COMMITTEE
The Chief of Police should establish a committee of volunteers consisting of community members, community leaders and other community stakeholders (e.g., representatives from schools, churches, businesses, social service organizations). The makeup of the committee should reflect the demographics of the community as much as practicable.
The committee should convene regularly to:
(a) Provide a public forum for gathering information about public safety concerns in the community.
(b) Work with the Department to develop strategies to solve public safety problems. (c) Generate plans for improving the relationship between the Department and the community.
(d) Participate in community outreach to solicit input from community members, including youth from the community.
The Professional Services Officer should arrange for initial and ongoing training for committee members on topics relevant to their responsibilities.
The Chief of Police may include the committee in the evaluation and development of department policies and procedures and may ask them to provide recommendations regarding supervisory, training or other operational issues as appropriate.
349.10.1 LEGAL CONSIDERATIONS
The Chief of Police and the community relations coordinator should work with the City Attorney as appropriate to ensure the committee complies with any legal requirements such as public notices, records maintenance and any other associated obligations or procedures.
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349.11 TRANSPARENCY
The Department should periodically publish statistical data and analysis regarding the department’s operations. The reports should not contain the names of officers, suspects or case numbers. The community relations coordinator should work with the community advisory committee to identify information that may increase transparency regarding department operations. The Community Relations Coordinator should provide statistical information to the monthly City of Emeryville, Public Safety Committee.
349.12 TRAINING
Subject to available resources, members should receive training related to this policy, including training on topics such as:
(a) Effective social interaction and communication skills. (b) Cultural, racial and ethnic diversity and relations. (c) Building community partnerships.
(d) Community policing and problem-solving principles.
(e) Enforcement actions and their effects on community relations.
Where practicable and appropriate, community members, especially those with relevant expertise, should be involved in the training to provide input from a community perspective.
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Chapter 4 - Patrol Operations
Policy
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Patrol Function
400.1 PURPOSE AND SCOPE
The purpose of this policy is to define the patrol function and address intraorganizational cooperation and information sharing. 400.1.1 TERROISM
It is the goal of the Emeryville Police Department to make every reasonable effort to accurately and appropriately gather and report any information that may relate to either foreign or domestic terroism.Officers should advise a supervisor as soon as practicable of any activity believed to be terroism related and should document such incidents with a written report or Field Interview card (FI).The supervisor should ensure that all terrorism related reports and FIs are forwarded to the Investigations Section Sergeant in a timely fashion. 400.2 INFORMATION SHARING
To the extent feasible, all information relevant to the mission of the Department should be shared among all divisions and specialized units on a timely basis. Members should be provided with opportunities on a regular basis to share information during the daily line-ups and to attend lineups of other divisions or specialized units.
Additionally, information should be shared with outside agencies and the public in conformance with department policies and applicable laws. Members are encouraged to share information with other units and divisions.
400.3 CROWDS, EVENTS AND GATHERINGS
Officers may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention.
Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action.
Generally, officers should consider seeking compliance through advisements and warnings for minor violations and should reserve greater enforcement options for more serious violations or when voluntary compliance with the law is not achieved.
Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns.
Officers should consider enforcement of applicable state and local laws, such as Penal Code 602.1 (obstructing or intimidating business operators), when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved.
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400.4 POLICY
The Emeryville Police Department provides patrol services 24 hours a day, seven days a week and will prioritize responses to requests for emergency services using available resources to enhance the safety of the public and department members.
400.5 FUNCTION
Patrol will generally be conducted by uniformed officers in clearly marked law enforcement vehicles in assigned jurisdictional areas of Emeryville. The function of patrol is to respond to calls for assistance and reports of criminal activity, act as a deterrent to crime, enforce state and local laws, identify community needs, provide support and assistance to the community and respond to emergencies.
Patrol services include, but are not limited to:
(a) Responding to emergency calls for service.
(b) Apprehending criminal offenders.
(c) Providing mutual aid and assistance to other agencies for emergency and law enforcement-related activities.
(d) Preventing criminal acts, traffic violations and collisions, maintaining public order and discovering hazardous situations or conditions.
(e) Responding to reports of criminal and non-criminal acts. (f) Responding to routine calls for service, such as public assistance or public safety. (g) Carrying out crime prevention activities such as residential inspections, business inspections and community presentations.
(h) Carrying out community oriented policing and problem-solving activities including the application of resources to improve or resolve specific problems or situations and contacting or assisting members of the public in a positive way. (i) Directing and controlling traffic.
Policy
401
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Bias-Based Policing
401.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Emeryville Police Department's commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships). 401.1.1 DEFINITIONS
Definitions related to this policy include:
Bias-based policing - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code § 13519.4).
401.2 POLICY
The Emeryville Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group. 401.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes.
401.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3).
Members shall not assist federal government authorities (Government Code § 8310.3):
(a) In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity.
(b) By investigating, enforcing or assisting with the investigation or enforcement of any requirement that a person register with the federal government based on religious belief, practice, or affiliation, or national origin or ethnicity.
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401.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform their duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member.
401.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual.
To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 401.4.2 REPORTING TRAFFIC STOPS
Each time an officer makes a traffic stop, the officer shall notify dispatch of the location of the stop and the license number of the vehicle being stopped. Dispatch will open a CAD event documenting the stop. Effective July 1, 2021,, when the officer concludes the stop the officer will complete the RIPA entry and submit it to DOJ, per sub-section 401.9. 401.4.3 REPORTING OF STOPS
Unless an exception applies under 11 CCR 999.227, an officer conducting a stop of a person shall collect the data elements required by 11 CCR 999.226 for every person stopped and prepare a stop data report. When multiple officers conduct a stop, the officer with the highest level of engagement with the person shall collect the data elements and prepare the report (11 CCR 999.227).
If multiple agencies are involved in a stop and the Emeryville Police Department is the primary agency, the Emeryville Police Department officer shall collect the data elements and prepare the stop data report (11 CCR 999.227).
The stop data report should be completed by the end of the officer’s shift or as soon as practicable (11 CCR 999.227).
Refer to sub-section 401.9 for additional reporting requirements. 401.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy.
(a) Supervisors should discuss any issues with the involved officer and their supervisor in a timely manner.
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1. Supervisors should document these discussions, in the prescribed manner. (b) Supervisors should periodically review MAV recordings, portable audio/video recordings, Mobile Digital Computer (MDC) data and any other available resource used to document contact between officers and the public to ensure compliance with the policy.
1. Supervisors should document these periodic reviews.
2. Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (c) Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d) Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing.
401.6 ADMINISTRATION
Each year, the Field Services Division Captain should review the efforts of the department to provide fair and objective policing and submit an annual report, including public concerns and complaints, to the Chief of Police.
The annual report should not contain any identifying information about any specific complaint, member of the public or officers. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service.
Supervisors should review the annual report and discuss the results with those they are assigned to supervise.
401.7 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed by the Professional Services Section.
(a) All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of bias-based policing.
(b) Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community. (c) Each sworn member of this department who received initial bias-based policing training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity and cultural trends (Penal Code § 13519.4(i)). 401.8 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The IA investigator Manager shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and provided to the Emeryville Police Department
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Police Services Manager for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the Records Section Policy.
Supervisors should ensure that data stop reports are provided to the Police Services Manager for required annual reporting to the DOJ (Government Code § 12525.5) (See Records Bureau Policy). 401.9 RACIAL AND IDENTITY PROFILING ACT
It shall be the policy of the Emeryville Police Department to collect and report racial profiling data to the California Department of Justice, in accordance with AB953: Racial and Identity Profiling Act of 2015 (RIPA). Only sworn staff are required to complete DOJ entry forms. All entries will be made directly to DOJ, via the DOJ web-based portal. The following will apply:
a. Complete a RIPA entry for every individual detained and/or searched b. Complete all entries by end of shift
1. If an entry cannot be completed prior to the end of shift, the officer should obtain supervisor approval and will be required to complete the entry at the start of the following shift
c. No personal identifying information (PII) shall be included with a RIPA entry d. The officer/supervisor who initiates a detention/search will be responsible for submitting the RIPA entry
e. No paper RIPA entries will be accepted (electronic DOJ web submissions only) Policy
402
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Line Up Training
402.1 PURPOSE AND SCOPE
Line-up training is generally conducted at the beginning of the officer’s assigned shift. Line-up provides an opportunity for important exchange between employees and supervisors. A supervisor generally will conduct Line-up; however officers may conduct Line-up for training purposes with supervisor approval.
Line-up should accomplish, at a minimum, the following basic tasks:
(a) Briefing officers with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles, and major investigations
(b) Notifying officers of changes in schedules and assignments (c) Notifying officers of new Special Orders or changes in Special Orders (d) Reviewing recent incidents for training purposes
(e) Providing training on a variety of subjects
402.2 PREPARATION OF MATERIALS
The supervisor conducting line-up is responsible for preparation of the materials necessary for a constructive briefing. Supervisors may delegate this responsibility to a subordinate officer in his or her absence or for training purposes. All line-up training shall be documented by the supervisor on the Department's LineUp Training Form and forwarded through the chain of command to the Professional Services Section.
Policy
403
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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. 403.2 POLICY
It is the policy of the Emeryville 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.
(h) Secure an outer perimeter.
(i) Identify potential witnesses.
(j) Start a chronological log noting critical times and personnel allowed access.
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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 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).
Policy
404
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Ride-Along Policy
404.1 PURPOSE AND SCOPE
The Ride-Along Program provides an opportunity for members of the community to experience the law enforcement function first hand. This policy provides the requirements, approval process, and hours of operation for the Ride-Along Program.
404.1.1 ELIGIBILITY
The Emeryville Police Department Ride-Along Program is offered to residents, students and those employed within the City. Every attempt will be made to accommodate interested persons however any applicant may be disqualified without cause.
The following factors may be considered in disqualifying an applicant and are not limited to:
• Being under 15 years of age
• Prior criminal history
• Pending criminal action
• Pending lawsuit against the Department
• Denial by any supervisor
404.1.2 AVAILABILITY
The Ride-Along Program is available any day of the week, with certain exceptions. The ridealongs may be scheduled at any time of the day with prior approval from the Watch Commander.
Exceptions to this schedule may be made as approved by the Chief of Police, Divison Captain or Watch Commander.
404.2 PROCEDURE TO REQUEST A RIDE-ALONG
Generally, ride-along requests will be scheduled by the Watch Commander. The participant will complete a ride-along waiver form. Information requested will include a valid ID or California driver’s license, address, and telephone number. If the participant is under 18 years of age, a parent/guardian must be present to complete the Ride-Along Form.
The Watch Commander will schedule a date, based on availability, at least one week after the date of application. If approved, a copy will be forwarded to the respective Watch Commander as soon as possible for his/her scheduling considerations.
If the ride-along is denied after the request has been made, a representative of the Department will contact the applicant and advise him/her of the denial.
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404.2.1 PROGRAM REQUIREMENTS
Once approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply to the following: Cadets, Explorers, Chaplains, Reserves, police applicants, and all others with approval of the Watch Commander.
An effort will be made to ensure that no more than one member of the community will participate in a ride-along during any given time period. Normally, no more than one ride-along will be allowed in the officer's vehicle at a given time.
Ride-along requirements for police cadets are covered in the Police Cadets Policy.
All ride-alongs will sign in and complete the ride-along waver form, which will be maintained in the Watch Commander's office.The purpose of the log is to maintain a record of ride-alongs.The log shall reflect the rider's name and age, the date and time of the ride-along, and the name of the officer with whom the ride took place.
404.2.2 SUITABLE ATTIRE
Any person approved to ride along is required to be suitably dressed in a collared shirt, blouse or jacket, jeans or slacks and close toe shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not permitted. Hats and ball caps will not be worn in the police vehicle. The Watch Commander may refuse a ride along to anyone not properly dressed. 404.2.3 PEACE OFFICER RIDE-ALONGS
Off-duty members of this department or any other law enforcement agency will not be permitted to ride-along with on-duty officers without the expressed consent of the Watch Commander. In the event that such a ride-along is permitted, the off-duty employee shall not be considered onduty and shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require. 404.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK
All Ride-along applicants are subject to a criminal history check. The criminal history check may include a local records check and a Department of Justice Automated Criminal History System check through CLETS prior to their approval as a ride-along with a law enforcement officer (provided that the ride-along is not an employee of the Emeryville Police Department) (CLETS Policies, Practices and Procedures Manual § 1.6.1.F.2.). 404.2.5 OFFICER REQUESTS
Specific requests from officers for permission to allow a spouse, relative, or close friend to ridealong, need only be approved by the Watch Commander.These riders must sign the Ride-Along waiver form which will be maintained in the Watch Commanders office. 404.2.6 POLICE DEPARTMENT APPLICANTS
Persons who are:
(a) Currently enrolled in a police academy and are testing for a position with the Emeryville Police Department; or
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(b) Currently involved in a testing process with the Emeryville Police Department, may ride with the permission of the Watch Commander.
These persons must sign the Ride-Along waiver form and be logged into the Ride-Along log. 404.3 OFFICER’S RESPONSIBILITY
The officer shall advise the dispatcher that a ride-along is present in the vehicle before going into service. Officers shall consider the safety of the ride-along at all times. Officers should use sound discretion when encountering a potentially dangerous situation, and if feasible, let the participant out of the vehicle in a well-lighted place of safety. The dispatcher will be advised of the situation and as soon as practical have another police unit respond to pick up the participant at that location.
The ride-along may be continued or terminated at this time.
The Watch Commander is responsible for maintaining and scheduling ride-alongs. Upon completion of the ride-along, the Ride-Along Release and Waiver of Claim form shall be returned to the Watch Commander with any comments which may be offered by the officer. 404.4 CONTROL OF RIDE-ALONG
The assigned employee shall maintain control over the ride-along at all times and instruct him/her in the conditions that necessarily limit their participation. These instructions should include:
(a) The ride-along will follow the directions of the officer. (b) The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any police equipment. (c) The ride-along may be terminated at any time and the officer may return the observer to their home or to the station if the ride-along interferes with the performance of the officer’s duties.
(d) Ride-alongs may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety. (e) Officers will not allow any ride-alongs to be present in any residences or situations that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other member of the community.
(f) Under no circumstance shall a civilian ride-along be permitted to enter a private residence with an officer without the expressed consent of the resident or other authorized person.
Policy
405
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Hazardous Material Response
405.1 PURPOSE AND SCOPE
Hazardous materials present a potential harm to employees resulting from their exposure. To comply with Title 8, California Code of Regulations, § 5194, the following is to be the policy of this department.
405.1.1 HAZARDOUS MATERIAL DEFINED
A hazardous material is a substance which by its nature, containment and 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.
405.2 HAZARDOUS MATERIAL RESPONSE
Employees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill or fire. When employees 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. (Identification can be determined by placard, driver's manifest or statements from the person transporting). (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 § 25354.5).
405.3 REPORTING EXPOSURE(S)
Department personnel 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 employee in an employee memorandum that shall be forwarded via chain of command to the Field Services Captain. Should the affected employee be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the memorandum.
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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.
405.3.1 SUPERVISOR RESPONSIBILITY
When a supervisor has been informed that an employee has been exposed to a hazardous material, he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure. Additionally, the Watch Commander will document the incident, including injuries to Department personnel, on a Department Unusual Incident Report.
To ensure the safety of employees, safety equipment is available through supervisory personnel.
Safety items not maintained by the Department will be obtained through the Fire Department.
Policy
406
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Hostage and Barricade Incidents
406.1 PURPOSE AND SCOPE
The_purpose of this policy is to provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage.
The scope of this policy is not intended to address all variables that officers encounter during their initial response or when a hostage or barricade situation has developed. This policy does not require or purport to recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event.
406.1.1 DEFINITIONS
Definitions related to this policy include:
Barricade situation - An incident where a person maintains a position of cover or concealment and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is armed with a dangerous or deadly weapon.
Hostage situation - An incident where it is reasonable to believe a person is:
(a) Unlawfully held by a hostage-taker as security so that specified terms or conditions will be met.
(b) Unlawfully held against his/her will under threat or actual use of force. 406.2 POLICY
It is the policy of the Emeryville Police Department to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence. 406.3 COMMUNICATION
When circumstances permit, initial responding officers should try to establish and maintain lines of communication with a barricaded person or hostage-taker. Officers should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time-sensitive demands or conditions and obtain the suspect’s surrender.
When available, department-authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators are permitted to exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions or demands and the available resources.
406.3.1 EMERGENCY COMMUNICATIONS
Only an officer who has been designated by the District Attorney or Attorney General may use or authorize the use of an electronic amplifying or recording device to eavesdrop on or record, Emeryville Police Department
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or both, oral communication in response to an emergency situation involving a hostage or the barricading of a location, and only when (Penal Code § 633.8(b)):
(a) The officer reasonably determines an emergency situation exists that involves the immediate danger of death or serious physical injury to any person within the meaning of 18 USC § 2518(7)(a)(i),
(b) The officer reasonably determines that the emergency situation requires that eavesdropping on oral communication occur immediately, and (c) There are grounds upon which an order could be obtained pursuant to 18 USC § 2516(2).
(d) An application for an order approving the eavesdropping and complying with the requirements of Penal Code § 629.50 is made within 48 hours of the beginning of the eavesdropping.
(e) The contents of any oral communications overheard are recorded on tape or other comparable device.
406.4 FIRST RESPONDER CONSIDERATIONS
First responding officers should promptly and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation.
The first responding officer should immediately request a supervisor’s response as soon as it is determined that a hostage or barricade situation exists. The first responding officer shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer shall continually evaluate the situation, including the level of risk to officers, to the persons involved and to bystanders, and the resources currently available.
The handling officer should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas.
406.4.1 BARRICADE SITUATION
Unless circumstances require otherwise, officers handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators.
During the interim the following options, while not all-inclusive or in any particular order, should be considered:
(a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance.
(b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving.
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(c) Request additional personnel, resources and equipment as needed (e.g., canine team, air support).
(d) Provide responding emergency personnel with a safe arrival route to the location. (e) Evacuate uninjured persons in the immediate threat area if it is reasonably safe to do so.
(f) Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries.
(g) Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access.
(h) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information.
(i) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Press Information Officer (PIO). (j) If necessary and available, establish a tactical or exclusive radio frequency for the incident.
(k) Establish a command post.
406.4.2 HOSTAGE SITUATION
Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that officers react quickly to developing or changing threats. The following options, while not all-inclusive or in any particular order, should be considered:
(a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance.
(b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving.
(c) Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy). (d) Assist hostages or potential hostages to escape if it is reasonably safe to do so.
Hostages should be kept separated if practicable pending further interview. (e) Request additional personnel, resources and equipment as needed (e.g., canine team, air support).
(f) Provide responding emergency personnel with a safe arrival route to the location. (g) Evacuate uninjured persons in the immediate threat area if it is reasonably safe to do so.
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(h) Coordinate pursuit or surveillance vehicles and control of travel routes. (i) Attempt to obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information. (j) Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access.
(k) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information.
(l) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the PIO.
(m) If necessary and available, establish a tactical or exclusive radio frequency for the incident.
406.5 SUPERVISOR RESPONSIBILITIES
Upon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting a tactical/negotiations team for mutual aid respond if appropriate and apprising the incoming Tactical Team Commander of the circumstances. In addition, the following options should be considered:
(a) Ensure injured persons are evacuated and treated by medical personnel. (b) Ensure the completion of necessary first responder responsibilities or assignments. (c) Request crisis negotiators, specialized units, additional personnel, resources or equipment as appropriate.
(d) Establish a command post location as resources and circumstances permit. (e) Designate assistants who can help with intelligence information and documentation of the incident.
(f) If it is practicable to do so, arrange for video documentation of the operation. (g) Consider contacting utility and communication providers to restrict such services (e.g., restricting electric power, gas, telephone service).
1. When considering restricting communication services, a supervisor should make the determination that there is reason to believe an emergency situation exists involving immediate danger of death or great bodily harm and that an interruption to communication services is necessary to protect public safety (Penal Code § 11471). The supervisor must ensure the Department obtains a court order, in accordance with Penal Code § 11472, prior to requesting the interruption. In the case of an extreme emergency when there is insufficient time to obtain an order prior to the request, application for the order must be submitted within six hours after initiating the interruption. If six hours is not possible, then the application for the court order shall be made at the first reasonably available opportunity, but no later than 24 hours in accordance with Penal Code § 11475.
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(h) Ensure adequate law enforcement coverage for the remainder of the City during the incident. The supervisor should direct non-essential personnel away from the scene unless they have been summoned by the supervisor or the Communications Center. (i) Identify a media staging area outside the outer perimeter and have the department Press Information Officer or a designated temporary media representative provide media access in accordance with the Media Relations Policy. (j) Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration.
(k) Debrief personnel and review documentation as appropriate. 406.6 REPORTING
Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the scene is responsible for completion and/or coordination of incident reports.
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Response to Bomb Calls
407.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to assist members of the Emeryville Police Department in their initial response to incidents involving explosives, explosive devices, explosion/ bombing incidents or threats of such incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety should always be the primary consideration. 407.2 POLICY
It is the policy of the Emeryville Police Department to place a higher priority on the safety of persons and the public over damage or destruction to public or private property. 407.3 RECEIPT OF BOMB THREAT
Department members receiving a bomb threat should obtain as much information from the individual as reasonably possible, including the type, placement and alleged detonation time of the device.
If the bomb threat is received on a recorded line, reasonable steps should be taken to ensure that the recording is preserved in accordance with established department evidence procedures.
The member receiving the bomb threat should ensure that the Watch Commander is immediately advised and informed of the details. This will enable the Watch Commander to ensure that the appropriate personnel are dispatched, and, as appropriate, the threatened location is given an advance warning.
407.4 GOVERNMENT FACILITY OR PROPERTY
A bomb threat targeting a government facility may require a different response based on the government agency.
407.4.1 EMERYVILLE POLICE DEPARTMENT FACILITY
If the bomb threat is against the Emeryville Police Department facility, the Watch Commander will direct and assign officers as required for coordinating a general building search or evacuation of the police department, as he/she deems appropriate.
407.4.2 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY
If the bomb threat is against a county or municipal facility within the jurisdiction of the Emeryville Police Department that is not the property of this department, the appropriate agency will be promptly informed of the threat. Assistance to the other entity may be provided as the Watch Commander deems appropriate.
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407.4.3 FEDERAL BUILDING OR PROPERTY
If the bomb threat is against a federal building or property, the Federal Protective Service should be immediately notified. The Federal Protective Service provides a uniformed law enforcement response for most facilities, which may include use of its Explosive Detector Dog teams.
If the bomb threat is against a federal government property where the Federal Protective Service is unable to provide a timely response, the appropriate facility’s security or command staff should be notified.
Bomb threats against a military installation should be reported to the military police or other military security responsible for the installation.
407.5 PRIVATE FACILITY OR PROPERTY
When a member of this department receives notification of a bomb threat at a location in the City of Emeryville, the member receiving the notification should obtain as much information as reasonably possible from the notifying individual, including:
(a) The location of the facility.
(b) The nature of the threat.
(c) Whether the type and detonation time of the device is known. (d) Whether the facility is occupied and, if so, the number of occupants currently on-scene. (e) Whether the individual is requesting police assistance at the facility. (f) Whether there are any internal facility procedures regarding bomb threats in place, such as:
1. No evacuation of personnel and no search for a device.
2. Search for a device without evacuation of personnel.
3. Evacuation of personnel without a search for a device.
4. Evacuation of personnel and a search for a device.
The member receiving the bomb threat information should ensure that the Watch Commander is immediately notified so that he/she can communicate with the person in charge of the threatened facility.
407.5.1 ASSISTANCE
The Watch Commander should be notified when police assistance is requested. The Watch Commander will make the decision whether the Department will render assistance and at what level. Information and circumstances that indicate a reasonably apparent, imminent threat to the safety of either the facility or the public may require a more active approach, including police control over the facility.
Should the Watch Commander determine that the Department will assist or control such an incident, he/she will determine:
(a) The appropriate level of assistance.
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(b) The plan for assistance.
(c) Whether to evacuate and/or search the facility.
(d) Whether to involve facility staff in the search or evacuation of the building.
1. The person in charge of the facility should be made aware of the possibility of damage to the facility as a result of a search.
2. The safety of all participants is the paramount concern. (e) The need for additional resources, including:
1. Notification and response, or standby notice, for fire and emergency medical services.
Even though a facility does not request police assistance to clear the interior of a building, based upon the circumstances and known threat, officers may be sent to the scene to evacuate other areas that could be affected by the type of threat, or for traffic and pedestrian control. 407.6 FOUND DEVICE
When handling an incident involving a suspected explosive device, the following guidelines, while not all inclusive, should be followed:
(a) No known or suspected explosive item should be considered safe regardless of its size or apparent packaging.
(b) The device should not be touched or moved except by the bomb squad or military explosive ordnance disposal team.
(c) Personnel should not transmit on any equipment that is capable of producing radio frequency energy within the evacuation area around the suspected device. This includes the following:
1. Two-way radios
2. Cell phones
3. Other personal communication devices
(d) The appropriate bomb squad or military explosive ordnance disposal team should be summoned for assistance.
(e) The largest perimeter reasonably possible should initially be established around the device based upon available personnel and the anticipated danger zone. (f) A safe access route should be provided for support personnel and equipment. (g) Search the area for secondary devices as appropriate and based upon available resources.
(h) Consider evacuation of buildings and personnel near the device or inside the danger zone and the safest exit route.
(i) Promptly relay available information to the Watch Commander including:
1. The time of discovery.
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2. The exact location of the device.
3. A full description of the device (e.g., size, shape, markings, construction).
4. The anticipated danger zone and perimeter.
5. The areas to be evacuated or cleared.
407.7 EXPLOSION/BOMBING INCIDENTS
When an explosion has occurred, there are multitudes of considerations which may confront the responding officers. As in other catastrophic events, a rapid response may help to minimize injury to victims, minimize contamination of the scene by gathering crowds, or minimize any additional damage from fires or unstable structures.
407.7.1 CONSIDERATIONS
Officers responding to explosions, whether accidental or a criminal act, should consider the following actions:
(a) Assess the scope of the incident, including the number of victims and extent of injuries. (b) Request additional personnel and resources, as appropriate. (c) Assist with first aid.
(d) Identify and take appropriate precautions to mitigate scene hazards, such as collapsed structures, bloodborne pathogens and hazardous materials. (e) Assist with the safe evacuation of victims, if possible. (f) Establish an inner perimeter to include entry points and evacuation routes. Search for additional or secondary devices.
(g) Preserve evidence.
(h) Establish an outer perimeter and evacuate if necessary. (i) Identify witnesses.
407.7.2 NOTIFICATIONS
When an explosion has occurred, the following people should be notified as appropriate:
• Fire department
• Bomb squad
• Additional department personnel, such as investigators and forensic services • Field supervisor
• Watch Commander
• Other law enforcement agencies, including local, state or federal agencies, such as the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) • Other government agencies, as appropriate
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407.7.3 CROWD CONTROL
Only authorized members with a legitimate need should be permitted access to the scene.
Spectators and other unauthorized individuals should be restricted to a safe distance as is reasonably practicable given the available resources and personnel. 407.7.4 PRESERVATION OF EVIDENCE
As in any other crime scene, steps should immediately be taken to preserve the scene. The Watch Commander should assign officers to protect the crime scene area, which could extend over a long distance. Consideration should be given to the fact that evidence may be imbedded in nearby structures or hanging in trees and bushes.
Policy
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Mental Illness Commitments
408.1 PURPOSE AND SCOPE
This policy provides guidelines for when officers may take a person into custody for psychiatric evaluation and treatment (5150 commitment) (Welfare and Institutions Code § 5150). 408.2 POLICY
It is the policy of the Emeryville Police Department to protect the public and individuals through legal and appropriate use of the 72-hour treatment and evaluation commitment (5150 commitment) process.
408.3 AUTHORITY
An officer having probable cause may take a person into custody and place the person in an approved mental health facility for 72-hour treatment and evaluation when the officer believes that, as a result of a mental disorder, the person is a danger to him/herself or others or the person is gravely disabled (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5585.50).
When determining whether to take a person into custody, officers are not limited to determining the person is an imminent danger and shall consider reasonably available information about the historical course of the person’s mental disorder, which may include evidence presented from any of the following (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05):
(a) An individual who is providing or has provided mental health treatment or related support services to the person
(b) A family member
(c) The person subject to the determination or anyone designated by the person 408.3.1 VOLUNTARY EVALUATION
If an officer encounters an individual who may qualify for a 5150 commitment, he/she may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the person so desires, the officers should:
(a) Transport the person to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to a 5150 commitment.
(b) If at any point the person changes his/her mind regarding voluntary evaluation, officers should proceed with the 5150 commitment, if appropriate. (c) Document the circumstances surrounding the individual’s desire to pursue voluntary evaluation and/or admission.
408.4 CONSIDERATIONS AND RESPONSIBILITIES
Any officer handling a call involving an individual who may qualify for a 5150 commitment should consider, as time and circumstances reasonably permit:
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(a) Available information that might assist in determining the cause and nature of the person’s action or stated intentions.
(b) Community or neighborhood mediation services.
(c) Conflict resolution and de-escalation techniques.
(d) Community or other resources available to assist in dealing with mental health issues.
While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others.
Officers should consider a 5150 commitment over arrest when mental health issues appear to be a mitigating factor for people who are suspected of committing minor crimes or creating other public safety issues.
408.4.1 SECURING OF PROPERTY
When a person is taken into custody for evaluation, or within a reasonable time thereafter, and unless a responsible relative, guardian or conservator is in possession of the person's personal property, the officer shall take reasonable precautions to safeguard the individual’s personal property in his/her possession or on the premises occupied by the person (Welfare and Institutions Code § 5150).
The officer taking the person into custody shall provide a report to the court that describes the person’s property and its disposition in the format provided in Welfare and Institutions Code § 5211, unless a responsible person took possession of the property, in which case the officer shall only include the name of the responsible person and the location of the property (Welfare and Institutions Code § 5150).
408.5 TRANSPORTATION
When transporting any individual for a 5150 commitment, the transporting officer should have the Communications Center notify the receiving facility of the estimated time of arrival, the level of cooperation of the individual and whether any special medical care is needed.
Officers may transport individuals in a patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport vehicle and the safety of any person, including the detainee, requires the presence of an officer during the transport, Watch Commander approval is required before transport commences. 408.6 TRANSFER TO APPROPRIATE FACILITY
Upon arrival at the facility, the officer will escort the individual into a treatment area designated by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should provide the staff member with the written application for a 5150 commitment and remain present to provide clarification of the grounds for detention, upon request.
Absent exigent circumstances, the transporting officer should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported Emeryville Police Department
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and delivered while restrained, the officer may assist with transferring the individual to facility restraints and will be available to assist during the admission process, if requested. Under normal circumstances, officers will not apply facility-ordered restraints. 408.7 DOCUMENTATION
The officer shall complete an application for a 72-Hour detention for evaluation and treatment, provide it to the facility staff member assigned to that patient and retain a copy of the application for inclusion in the case report.
The application shall include the circumstances for officer involvement; the probable cause to believe the person is, as a result of a mental health disorder, a danger to others or him/herself or gravely disabled; and all information used for the determination of probable cause (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05).
The officer should also provide a verbal summary to any evaluating staff member regarding the circumstances leading to the involuntary detention.
408.7.1 ADVISEMENT
The officer taking a person into custody for evaluation shall advise the person of:
(a) The officer’s name and agency.
(b) The fact that the person is not under criminal arrest but is being taken for examination by mental health professionals and the mental health staff will advise him/her of their rights.
(c) The name of the facility to which the person is being taken. (d) If the person is being taken into custody at his/her residence, he/she should also be advised that he/she may take a few personal items, which the officer must approve, and may make a telephone call or leave a note indicating where he/she is being taken. The officer should also ask if the person needs assistance turning off any appliance or water.
The advisement shall be given in a language the person understands. If the person cannot understand an oral advisement, the information shall be provided in writing (Welfare and Institutions Code § 5150).
408.8 CRIMINAL OFFENSES
Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken on a 5150 commitment should resolve the criminal matter by issuing a warning or a Notice to Appear as appropriate.
When an individual who may qualify for a 5150 commitment has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should:
(a) Arrest the individual when there is probable cause to do so.
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(b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the 5150 commitment.
(c) Facilitate the individual’s transfer to jail.
(d) Thoroughly document in the related reports the circumstances that indicate the individual may qualify for a 5150 commitment.
In the supervisor’s judgment, the individual may instead be arrested or booked and transported to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this department to regain custody of the individual, department resources (e.g., posting a guard) and other relevant factors in making this decision.
408.9 FIREARMS AND OTHER WEAPONS
Whenever a person is taken into custody for a 5150 commitment, the handling officers should seek to determine if the person owns or has access to any firearm or other deadly weapon defined in Welfare and Institutions Code § 8100. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping, evidence, consent).
Officers are cautioned that a search warrant may be needed before entering a residence or other place to search, unless lawful, warrantless entry has already been made (e.g., exigent circumstances, consent). A search warrant may also be needed before searching for or seizing weapons
The handling officers shall issue a receipt describing the deadly weapon or any firearm seized, and list any serial number or other identification that is on the firearm. Officers shall advise the person of the procedure for the return of any firearm or other weapon that has been taken into custody (Welfare and Institutions Code § 8102 (b)) (see Property and Evidence Policy). 408.9.1 PETITION FOR RETURN OF FIREARMS AND OTHER WEAPONS Whenever the handling officer has cause to believe that the future return of any confiscated weapon might endanger the person or others, the officer shall detail those facts and circumstances in a report. The report shall be forwarded to the Criminal Investigations Section, which shall be responsible for initiating a petition to the Superior Court for a hearing in accordance with Welfare and Institutions Code § 8102(c), to determine whether the weapon will be returned.
The petition to the Superior Court shall be initiated within 30 days of the release of the individual from whom such weapon has been confiscated, unless the Department makes an ex parte application to the court to extend the time to file such a petition, up to a maximum of 60 days. At the time any such petition is initiated, the Department shall send written notice to the individual informing him/her of the right to a hearing on the issue, that he/she has 30 days to confirm with the court clerk any desire for a hearing and that the failure to do so will result in the forfeiture of any confiscated weapon.
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408.10 TRAINING
This department will endeavor to provide Peace Officer Standards and Training (POST)-approved advanced officer training on interaction with persons with mental disabilities, 5150 commitments and crisis intervention.
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Confiscation of Weapons and Tarasoff Warnings
409.1 PURPOSE AND SCOPE
The purpose of this order is to establish policy and procedures regarding the confiscation of deadly weapons from subjects detained on a mental heath commitment, per 8102 W & I, and for submitting reports to DOJ from psychotherapists (Tarasoff Warning). 409.2 POLICY
It is the policy of the Emeryville Police Department to confiscate deadly weapons from subjects who are detained for examination of their mental condition under the authority of California Welfare and Institutions Code Section 5150 and/or upon receipt of a report from a licensed psychotherapist, that a serious threat of physical violence has been made against a reasonable identifiable victim.In either case, a Crime/Incident Report shall be completed which shall include DOJ Form BCII 4074.
409.3 CONFISCATION PROCEDURE
Officer Initial Responsibility:
(a) The Notice of Confiscation of Firearm(s) or Deadly Weapon(s) property form is to be completed by the reporting officer upon confiscation of the weapon and detainment of the subject.The original copy of the form will be retained with the case and a copy will be given to the detainee by the officer.Section 8102(B) W&I requires that both the detaining officer and the person in charge of the mental health facility notify the detainee of the procedure for the return of the firearm or other deadly weapon which have been confiscated.Two copies will be left at the mental health facility, one for their file and the other to be given to the detainee upon release. (b) The officer will initiate a case classified as follows: W&I 5150-Mental Commitment/ W&I 8102-Confiscation of Deadly Weapon.
(c) The officer will document all the important facts of the incident and the reasons for the weapons confiscation.
1. All weapons must be accurately described and entered as evidence into the Automated Firearms System.
2. The Automated Firearms System may be accessed to determine weapons registered to the detainee.
(d) The officer will document the status of the case as 8102 W&I, Petition Requested. 409.4 MENTAL HEALTH FACILITY RESPONSIBILITY
Upon release from their facility, the mental health facility personnel will give the subject his/ her copy of the Notice of Confiscation of Firearm(s) or Other Deadly Weapon(s), and notify the Emeryville Police Department when the subject is released.
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409.5 OFFICER FOLLOW-UP
If the officer has not heard from the mental health facility after 72-hours, the officer, or his/her designate, will call for a status report.A supplemental report will be written documenting the status of the detainee.
(a) The Criminal Investigations Bureau will coordinate obtaining the petition with the District Attorney's Office.
(b) Upon release of the detainee, without judicial commitment, the District Attorney's Office has thirty (30) days, unless good cause is shown, to initiate a petition for hearing to determine whether the return of a firearm or other deadly weapon would likely endanger the detainee or others.When the petition is completed, the Deputy District Attorney who prepared the petition will notify the Criminal Investigations Bureau and advise them that the petition is ready for signature.The Criminal Investigations Sergeant will designate an officer/detective to respond to the District Attorney's Office to review and sign the petition.Once the document is signed by the officer, it will be presented to the magistrate by the Deputy District Attorney, along with a copy of the police report, for filing in Superior Court.
(c) A Notice of Petition, and Petition for Determination regarding the return of the firearm/ deadly weapon will be sent to the detainee, who has 30 days to notify the court clerk to request a hearing.Failure to notify the Court will result in a default order, requiring forfeiture of the weapon.
409.6 RECORDS RESPONSIBILITY
When the mental health facility telephones the Emeryville Police Department, the person receiving the message will notify the officer if he/she is on-duty.If the officer is off-duty then the message will be placed in the officer's shift folder, along with a CAD message to the on-duty patrol supervisor.In all cases a copy of the officer's notification will be routed to the Evidence Technician for tracking purposes.If no Notice of Confiscation of Firearm(s) or Deadly Weapon(s) form was initiated within the 30 day period after detainment, the weapon will be available for return pursuant to current DOJ release regulations.
409.6.1 ROUTING
After approval of the report, the records specialist will forward a copy of the report, along with attachments, to the District Attorney's Office.
409.7 LAW ENFORCEMENT REPORTING REQUIREMENT-TARASOFF WARNING (a) Firearms Prohibition.Pursuant to 8100(b) W&I, any person who communicates to a licensed psychotherapist, a serious threat of physical violence against a reasonably identifiable victim, is prohibited from possessing or purchasing any firearm or other deadly weapon for a period of six (6) months.
(b) Reporting Requirements.Pursuant to 8105(c) W&I, licensed psychotherapists must report threats as defined in #A above to local law enforcement agencies.Law enforcement agencies are required to immediately notify DOJ, either by teletype or upon DOJ Form #BCII 4074, "Law Enforcement Report of Firearms Prohibition".
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(c) Reporting Officer's Responsibility.Reporting officers shall complete a Crime/ Incident Report which will include DOJ Form #BCII 4074, "Law Enforcement Report of Firearms Prohibition".The report must include the subject's name, date of birth or approximate age, physical description and complete mailing address, date threat was reported to law enforcement, reporting officer's name and Department telephone number.
1. Reporting officers may elect to report via teletype to mnemonic "AUS, Attn: Firearms Program, Prohibition Reporting Unit."All information requests on the DOJ form must be included in the teletype.
2. Either the DOJ form or the teletype shall be submitted with the report. 409.7.1 RECORDS RESPONSIBILITY
Records personnel shall send the white copy of the form to DOJ and file the yellow copy with the report.If a teletype is submitted, a copy will be filed with the case.Records personnel shall also make and route one copy of the DOJ form, or teletype, to the Police Services Manager for state reimbursement per AB664.
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Cite and Release Policy
410.1 PURPOSE AND SCOPE
This policy provides guidance on when to release adults who are arrested for a criminal misdemeanor offense on a written notice to appear (citation) and when to hold for court or bail. 410.2 POLICY
It is the policy of the Emeryville Police Department to release all persons arrested on misdemeanor or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6).
If there is a reason for non-release, the Department’s mission to protect the community will be the primary consideration when determining whether to release any individual in lieu of holding for court or bail.
410.3 RELEASE BY CITATION
Except in cases where a reason for non-release as described below exists, adults arrested for a misdemeanor offense, including a private person's arrest, shall be released from custody on a citation (Penal Code § 853.6).
The citing officer shall, at the time the defendant signs the notice to appear, call attention to the time and place for appearance and take any other steps they deem necessary to ensure that the defendant understands their written promise to appear.
410.3.1 FIELD CITATIONS
In most cases an adult arrested for a misdemeanor offense may be released in the field on a citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately required provided the individual can be satisfactorily identified, there is no outstanding arrest warrant for the individual and none of the below described disqualifying circumstances are present (Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting officer should check the booking required box on the citation form to indicate that the person will be photographed and fingerprinted at a later time when ordered by the court.
When a booking photo or fingerprints are needed for the furtherance of any investigation, the person should be released on citation after booking instead of on a field citation. 410.3.2 RELEASE AFTER BOOKING
In some cases it may not be feasible or desirable to release a person in the field. The person should instead be released on citation after booking at the jail. All bookings shall be approved by the Watch Commander or the authorized designee.
410.4 NON-RELEASE
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410.4.1 DISQUALIFYING OFFENSES
An adult arrested on any of the following disqualifying charges shall not be released on citation and shall be transported to the appropriate detention facility or held for court or bail after booking (Penal Code § 1270.1):
(a) Misdemeanor domestic battery (Penal Code § 243(e)(1)) (b) Felony domestic battery (Penal Code § 273.5)
(c) Serious or violent felonies (Penal Code § 1270.1(a)(1)) (d) Felony intimidation of witnesses and victims (Penal Code § 136.1) (e) Violation of a protective order and the arrested person has made threats, used violence, or has gone to the protected person’s workplace or residence (Penal Code § 273.6)
(f) Stalking (Penal Code § 646.9)
(g) Misdemeanor violations of a protective order relating to domestic violence if there is a reasonable likelihood the offense will continue or the safety of the individuals or property would be endangered (Penal Code § 853.6)
410.4.2 REASONS FOR NON-RELEASE
A person arrested for a misdemeanor shall be released on a citation unless there is a reason for non-release. The Watch Commander may authorize a release on citation regardless of whether a reason for non-release exists when it is determined to be in the best interest of the Department and does not present an unreasonable risk to the community (e.g., release of an intoxicated or ill person to a responsible adult).
Reasons for non-release include (Penal Code § 853.6(i)):
(a) The person arrested is so intoxicated that they could be a danger to themselves or to others. Release may occur as soon as this condition no longer exists. (b) The person arrested requires medical examination or medical care or is otherwise unable to care for their own safety
1. The Emeryville Police Department shall not release an arrestee from custody for the purpose of allowing that person to seek medical care at a hospital, and then immediately re-arrest the same individual upon discharge from the hospital, unless the hospital determines this action will enable it to bill and collect from a third-party payment source (Penal Code § 4011.10).
(c) The person is arrested for one or more of the offenses listed in Vehicle Code § 40302, Vehicle Code § 40303, and Vehicle Code § 40305.
(d) There are one or more outstanding arrest warrants for the person (see Misdemeanor Warrants elsewhere in this policy).
(e) The person could not provide satisfactory evidence of personal identification.
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1. If a person released on citation does not have satisfactory identification in their possession, a right thumbprint or fingerprint should be obtained on the citation form.
(f) The prosecution of the offense or offenses for which the person was arrested or the prosecution of any other offense or offenses would be jeopardized by the immediate release of the person arrested.
(g) There is a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the person arrested.
(h) The person arrested demands to be taken before a magistrate or has refused to sign the notice to appear.
(i) There is reason to believe that the person would not appear at the time and place specified in the notice to appear. The basis for this determination shall be specifically documented. Reasons may include:
1. Previous failure to appear is on record
2. The person lacks ties to the area, such as a residence, job, or family
3. Unusual circumstances lead the officer responsible for the release of prisoners to conclude that the suspect should be held for further investigation When a person is arrested on a misdemeanor offense and is not released by criminal citation, the reason for non-release shall be noted on the booking form. This form shall be submitted to the Watch Commander for approval and included with the case file in the Records Section. 410.5 MISDEMEANOR WARRANTS
An adult arrested on a misdemeanor warrant may be released, subject to Watch Commander approval, unless any of the following conditions exist:
(a) The misdemeanor cited in the warrant involves violence. (b) The misdemeanor cited in the warrant involves a firearm. (c) The misdemeanor cited in the warrant involves resisting arrest. (d) The misdemeanor cited in the warrant involves giving false information to a peace officer.
(e) The person arrested is a danger to themselves or others due to intoxication or being under the influence of drugs or narcotics.
(f) The person requires medical examination or medical care or was otherwise unable to care for their own safety.
(g) The person has other ineligible charges pending against themselves. (h) There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the person.
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(i) The person refuses to sign the notice to appear.
(j) The person cannot provide satisfactory evidence of personal identification. (k) The warrant of arrest indicates that the person is not eligible to be released on a notice to appear.
Release under this section shall be done in accordance with the provisions of this policy. 410.6 REQUESTING CASE NUMBERS
Many cases involving a criminal citation release should be handled by requesting a case number.
Traffic situations and local code violations can be documented on the reverse side of the records copy of the citation. Most Penal Code sections will require a case number to document the incident properly in a report. This section does not preclude an officer from requesting a case number if the officer feels the situation should be documented more thoroughly in a case report.
Policy
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Juvenile Detention and Disposition After Arrest
411.1 PURPOSE AND SCOPE
The purpose of this order is to establish the procedure to identify available dispositions following a juvenile arrest.
411.2 POLICY
The policy of the Emeryville Police Department is to utilize arrest disposition which least restricts the minor's freedom of movement while remaining compatible with the safety interests of the community and complying with all legal duties.
411.3 CRIMINAL OFFENDERS (602 W & I)
When an officer takes a juvenile into custody for a criminal violation, the officer may take the following actions:
(a) Counsel and Release-This disposition would be used when there is no need for followup counseling and officer thinks the minor has learned from the incident. (b) Issuance of Juvenile Citations-When an officer thinks additional counseling is necessary due to the nature of the offense or prior contacts, the minor may be issued a Emeryville Police Department Juvenile citation.
(c) Booking at Juvenile Hall-An officer may incarcerate a juvenile in Juvenile Hall for a serious offense or if one or more of the following conditions exist:
(a) Continued detention of the juvenile is a matter of reasonable necessity for the protection of the minor, or the person or property of another. (b) The juvenile is likely to flee the jurisdiction of the court. (c) The minor has violated an order of the Juvenile Court, or violation of probation on the authority of a probation officer.
(d) On a valid request of another law enforcement agency or criminal justice jurisdiction (such as out of county runaway)
411.3.1 TEMPORARY CONFINEMENT
See Policy Manual #314 for policy and procedure.
411.4 STATUS OFFENDERS (601 W & I)
An officer may take a minor into temporary custody for violation of 601 violations including runaway, incorrigible or beyond control, curfew or truancy.The officer may take the following actions:
(a) Counsel and Release-This disposition would be used when there is no need for future follow-up counseling or professional guidance.
(b) Juvenile Refusal-If the juvenile refuses to go home, the officer should try first and resolve the immediate problem by checking to see id a responsible relative or friend Emeryville Police Department
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would house the juvenile with parental consent until an appointment could be made with a community counseling agency.
(c) Parent refusal-If a parent refuses, without lawful excuse, to accept his or her juvenile child into the home, or to provide alternate shelter upon being requested to do do by a child protective agency (Police, Probation, Welfare Department) and, after being informed of the duty imposed by Section 270.5 P.C., the parentis guilty of a misdemeanor and appropriate action may be taken and documented.Lawful excuse shall include a reasonable fear that the juvenile's presence in the home will endanger the safety of the parent(s) or other person(s) residing in the home.If a lawful excuse exists, the officer should try first and resolve the immediate problem by checking to see if a responsible relative or friend would house the juvenile with parental consent until an appointment could be made with a community counseling agency.
The following actions should be considered only after reasonable attempts to resolve the immediate problem, as listed in (b) and (c) have been exhausted.Each of the following actions should be considered the "exception" and not the "norm".The following actions are not listed in order they should be attempted as the specific problem will dictate which action is most appropriate.The appropriate agency should be contacted, depending on the resolution desired, and consulted during the investigation and prior to transport of the juvenile.Supervisor approval is required prior to actively pursuing an of the following actions:
(a) Child Family Service-In limited situations, primarily where the juvenile is neither a flight risk nor a safety risk, Child Protective Services can provide temporary housing. (b) Juvenile Housing-In limited situations, primarily where the juvenile is either a flight risk or a safety risk, Juvenile Hall can provide temporary housing.A statutory burden is placed on Juvenile Hall staff by placing a 601 W & I offender in the proximity of 602 W & I offenders, hence, this alternative should be considered as a "last resort". 411.5 DEPENDENT CHILDREN (300 W & I)
An officer may take a minor into temporary custody when:
(a) The minor is not provide with the necessities of life. (b) The minor's home is an unfit place for him/her to live. (c) The minor's home is unfit by reasons of neglect, cruelty, depravity or physical abuse by either parent or guardian.
(d) The minor is described as physically dangerous to themselves or others because of some mental or physical problem.
(e) When a minor is taken into temporary custody for one or more of the above reasons, the Department of Social Services Emergency Protection Service should be called. Note: If a juvenile is suffering from a mental disorder or abnormality, he/she may be transported to a County approved psychiatric crises unit.
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411.6 SELECTION DISPOSITIONS
Per 626 W & I, in determining a disposition, the officer shall select the disposition which least restricts the juvenile's freedom movement, providing the disposition is compatible with the best interests of the community.In choosing among possible dispositions, the following factors should be considered:
(a) The offense for which the juvenile was apprehended. (b) The past criminal records of the offender.
(c) The mental condition and attitude of the offender.
(d) The officer's impression of the amount of parental control exercised over the offender. 411.6.1 MULTIPLE ARRESTS
An officer may choose to combine dispositions on a single offense committed by a group of juveniles.
411.7 PREBOOKING MEDICAL EXAMS FOR JUVENILES
Prior to transporting to Juvenile Hall, all juveniles under the influence of alcohol and/or drugs, or with minor injuries, shall be transported to the local hospital for examination or treatment. (a) Prior to booking, a clearance should be obtained from the doctor completing the examination.
(b) Some conditions requiring medical clearance prior to booking include: visible physical injury, prior injury aggravated by the arrest, signs or complaints of pain and/ or illness, ingested dangerous or restricted substance(s), intoxicants from any substance, etc.
411.8 NOTIFICATION TO JUVENILE HALL
When a juvenile is to be transported to Juvenile Hall, the arresting officer may telephone Juvenile Hall and provide the listed information prior to transporting the juvenile.This information is designed to expedite the booking process for the arresting officer. (a) Name(s), DOB(s), and Age(s) of juveniles being booked (b) Physical description
(c) Address and telephone of parents/guardians
(d) Booking charges
(e) Combative/Non-combative
(f) If they are non-English speaking
(g) Gang affiliation
(h)
When an officer is unable to make the notification, the officer shall request the dispatcher to notify Juvenile Hall of the following:
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• ETA
• Juvenile sex and age
• Combative/Non-combative
• If they are non-English speaking
Policy
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Foreign Diplomatic and Consular
Representatives
412.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that members of the Emeryville Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law.
412.2 POLICY
The Emeryville 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. 412.3 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.
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.
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412.4 ENFORCEMENT
If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following:
(a) 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.
(b) 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.
(c) 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.
(d) 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 (e) 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.
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412.5 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.
412.6 DIPLOMATIC IMMUNITY TABLE
Reference table on diplomatic immunity:
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
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DiplomaticLevel 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
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.
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Rapid Response and Deployment
413.1 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. 413.2 POLICY
The Emeryville 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 Department in protecting themselves or others from death or serious injury. 413.3 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 multilocation 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.
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(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).
413.4 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. 413.5 PLANNING
The Field Services Division Captain should coordinate critical incident planning. Planning efforts should consider:
(a) Identification of likely critical incident target sites, such as schools, shopping centers, entertainment 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. (f) Patrol first-response training.
(g) Response coordination and resources of emergency medical and fire services. (h) Equipment needs.
(i) Mutual aid agreements with other agencies.
(j) Coordination with private security providers in critical incident target sites.
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413.6 TRAINING
The Professional Services Section 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 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).
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Active Shooter Policy
414.1 PURPOSE AND SCOPE
The purpose of this policy is to set forth procedures to be used by the Emeryville Police Department in the handling of active shooter situations and to develop techniques and tactics which are swift, decisive and organized so that these incidents may be resolved with maximum safety and as rapidly as possible, neutralizing the active threat to life. 414.2 DEFINITIONS
1. Active Shooter:
(a) 1. An "Active Shooter" is defined as one or more subjects who participate in a random or systematic shooting spree demonstrating an intent to continuously harm others. Their overriding objective appears to be mass murder rather than some other criminal conduct (i.e., robbery, hostage taking, etc.). Incidents such as Littleton, Colorado; Springfield, Oregon; or Virginia Tech are examples of an "active shooter."
2. Consider the suspect(s) an "active shooter" if, after law enforcement arrives, the suspect is still actively shooting, has access to additional potential victims, injured victims require life saving medical attention or an immediate, active response would be required to save lives.
3. "Active Shooters" may be heavily armed (i.e., explosives, booby traps and body armor).
4. "Active Shooters" may have a planned attack and be prepared for a sustained confrontation with law enforcement.
2. Immediate, Active Response:
(a) An immediate, active response is defined as, "The swift and immediate deployment of law enforcement resources to ongoing, life threatening situations where delayed deployment could otherwise result in death or great bodily injury to Innocent persons." This is not to be confused with, or substituted for conventional response tactics to a barricaded or hostage situation.
414.3 AGENCY RESPONSE TO AN ACTIVE SHOOTER
414.3.1 INITIAL OFFICER
(a) The "initial officer" is the first law enforcement officer on scene. He/she should establish an Incident Command Post. Incident Command responsibility can be delegated to another officer if desired.
(b) He/she should request all appropriate resources (additional patrol units, EOD, investigation units,etc.) while broadcasting all pertinent information.
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(c) Determine if an immediate, active response is necessary. 414.3.2 CONTACT TEAM
(a) The priority of the Contact Team is to locate and stop the deadly behavior of the "active shooter."
(b) The Contact Team(s) should attempt to limit the suspect(s)'s movement and prevent escape.
(c) Move directly toward the threat.
(d) The Contact Team(s) must continue past the victims. (e) Maintain communications with the Command Post to indicate direction of travel, victim locations, and suspect(s) location.
(f) The Contact Team should be made up of the following members:
(a) Team Leader-Officer assigned to delegate team member responsibilities, formulates and implements plans.
(b) Assistant Team Leader-Officer who communicates with the Command Post.
May be assigned the responsibility covering the team "six", that direction through which the team has already moved.
(c) Contact Officer-Officer who conducts searches or engages the suspect(s) if necessary.
(d) Cover Officer-Officer who is responsible for covering the Contact Officer.
Provides cover during entry and egress if necessary.
(e) Consider selecting officers for the Contact Team that have the experience, special training, offensive weapons, etc.
(g) Movement is made in a direction, in conjunction with other Contact Teams to shrink the perimeter and locate the suspect(s).
414.3.3 RESCUE TEAM
(a) The objective of the Rescue Team is to recover victims. (b) If multiple victims are present, the Rescue Team should ask the Command Post to increase the number of Rescue Teams.
(c) The Rescue Team may be made up with the same number of personnel as the Contact Team-dependent on the situation. Ideally it should also have a Team Leader and Assistant Team Leader.
(d) The Rescue Team should enter and/or approach the location to locate victims. (e) The Rescue Team should extract victims to a safe area, and notify the Command Post of that location.
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414.3.4 WATCH COMMANDER/SERGEANTS
(a) The Watch Commander should assume control of the Command Post. Since Contact Teams may have already been inserted, use additional law enforcement personnel to establish a perimeter.
(b) Set up an emergency response zone for fire and EMS, as well as establishing a corridor for their responses.
(c) Activate an Incident Command System (Incident Commander, Logistics Officer, Intelligence Officer, Public Information Officer, etc.) 414.3.5 DISPATCH
Once advised of an "active shooter" incident by personnel on scene or based upon information received from the public, clear a channel and advise all units of such. Notify other agencies immediately by radio or telephone.
(a) Advise all units of the location, specific threats, shots fired, suspect description, location of the reporting party, injuries and any other pertinent information. (b) Confirm that the Watch Commander/Field Supervisor is aware/en route to the scene. (c) Advise all available units to respond.
(d) Notify fire and EMS. Determine if a regional helicopter is available. (e) Notify those within your agency that need to be notified (administrative staff). (f) Maintain limited traffic on the main channel.
414.3.6 SUBSEQUENT LAW ENFORCEMENT PERSONNEL RESPONSE
(a) Respond to the Command Post so that staging, assignment, and/or deployment can be made.
(b) Radio traffic should be kept to a minimum so that dispatch and the initial officers can give out vital information.
(c) Additional officers can be used to form a perimeter, deal with the public, gather intelligence, etc..
414.3.7 ALLIED AGENCY RESPONSE
(a) Other responding agencies should coordinate with the primary agency prior to deployment by responding to the Command Post or staging area as appropriate, for assignment.
(b) Incident Command will be the responsibility of the agency that has jurisdiction.
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Reporting Police Activity Outside of Jurisdiction
415.1 PURPOSE AND SCOPE
This policy provides general guidelines for reporting police activity while on or off-duty and occurring outside the jurisdiction of the Emeryville Police Department. 415.1.1 ASSISTANCE TO AGENCIES OUTSIDE THE CITY
When an officer is on-duty and is requested by an allied agency to participate in law enforcement activity in another jurisdiction, he/she shall obtain prior approval from the Watch Commander. If the request is of an emergency nature, the officer shall notify the Communications Center before responding and thereafter notify a supervisor as soon as practical. 415.1.2 LAW ENFORCEMENT ACTIVITY OUTSIDE THE CITY
Any on-duty officer, who engages in law enforcement activities of any type outside the immediate jurisdiction of the City of Emeryville shall notify the Communications Center at the earliest possible opportunity. Any off-duty officer who engages in any law enforcement activities, regardless of jurisdiction shall notify the Watch Commander as soon as practical.
The Watch Commander shall determine if a case report or other documentation of the officer's activity is required. The report or other documentation shall be forwarded to the officer's Division Captain.
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Immigration Violations
416.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to members of the Emeryville Police Department relating to immigration and interacting with federal immigration officials. 416.1.1 DEFINITIONS
The following definitions apply to this policy (Government Code § 7284.4):
Criminal immigration violation - Any federal criminal immigration violation that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. This does not include any offense where a judicial warrant already has been issued.
Immigration enforcement - Any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in the United States.
Judicial warrant - An arrest warrant for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge.
416.2 POLICY
It is the policy of the Emeryville Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public.
Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status.
416.3 VICTIMS AND WITNESSES
To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and not in any way that would violate the United States or California constitutions.
416.4 IMMIGRATION INQUIRIES PROHIBITED
Officers shall not inquire into an individual’s immigration status for immigration enforcement purposes (Government Code § 7284.6).
416.4.1 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS) Members shall not use information transmitted through CLETS for immigration enforcement purposes except for criminal history information and only when consistent with the California Values Act (Government Code § 15160).
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Members shall not use the system to investigate immigration violations of 8 USC § 1325 (improper entry) if that violation is the only criminal history in an individual’s record (Government Code § 15160).
416.5 DETENTIONS AND ARRESTS
An officer shall not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant (Government Code § 7284.6).
An officer who has a reasonable suspicion that an individual already lawfully contacted or detained has committed a criminal violation of 8 USC § 1326(a) (unlawful reentry) that may be subject to an enhancement due to a previous conviction of an aggravated felony under 8 USC § 1326(b) (2), may detain the person for a reasonable period of time to contact federal immigration officials to verify whether the United States Attorney General has granted the individual permission for reentry and whether the violation is subject to enhancement (Government Code § 7284.6). No individual who is otherwise ready to be released should continue to be detained only because questions about the individual’s status are unresolved.
If the officer has facts that establish probable cause to believe that a person already lawfully detained has violated 8 USC § 1326(a) and the penalty may be subject to enhancement due to prior conviction for specified aggravated felonies, he/she may arrest the individual for that offense (Government Code § 7284.6).
An officer shall not detain any individual, for any length of time, for any other criminal immigration violation of federal immigration laws (Government Code § 7284.6).
An officer should notify a supervisor as soon as practicable whenever an individual is arrested for violation of 8 USC § 1326(a).
416.5.1 SUPERVISOR RESPONSIBILITIES
When notified that an officer has arrested an individual for violation of 8 USC § 1326(a) or under the authority of a judicial warrant, the supervisor should determine whether it is appropriate to:
(a) Transfer the person to federal authorities.
(b) Transfer the person to jail.
416.6 FEDERAL REQUESTS FOR ASSISTANCE
Absent an urgent issue of officer safety or other emergency circumstances, requests by federal immigration officials for assistance from this department should be directed to a supervisor. The supervisor is responsible for determining whether the requested assistance would be permitted under the California Values Act (Government Code § 7284.2 et seq.).. 416.7 INFORMATION SHARING
No member of this department will prohibit, or in any way restrict, any other member from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 USC § 1373; Government Code § 7284.6):
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(a) Sending information to, or requesting or receiving such information from federal immigration officials
(b) Maintaining such information in department records
(c) Exchanging such information with any other federal, state, or local government entity Nothing in this policy restricts sharing information that is permissible under the California Values Act.
416.7.1 IMMIGRATION DETAINERS
No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7 (Government Code § 7284.6).
Notification to a federal authority may be made prior to release of an individual who is the subject of a notification request only if the individual meets one of the following conditions (Government Code § 7282.5; Government Code § 7284.6):
(a) The individual has been arrested and had a judicial probable cause determination for a serious or violent felony identified in Penal Code § 667.5(c) or Penal Code § 1192.7(c). (b) The individual has been arrested and had a judicial probable cause determination for a felony punishable by time in a state prison.
(c) The individual has been convicted of an offense as identified in Government Code § 7282.5(a).
(d) The individual is a current registrant on the California Sex and Arson Registry. (e) The individual is identified by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant.
416.7.2 NOTICE TO INDIVIDUALS
Individuals in custody shall be given a copy of documentation received from U.S. Immigration and Customs Enforcement (ICE) regarding a hold, notification, or transfer request along with information as to whether the Emeryville Police Department intends to comply with the request (Government Code § 7283.1).
If the Emeryville Police Department provides ICE with notification that an individual is being, or will be, released on a certain date, the same notification shall be provided in writing to the individual and to his/her attorney or to one additional person who the individual may designate (Government Code § 7283.1).
416.7.3 ICE INTERVIEWS
EPD staff should not participate in any custodial interviews with ICE personnel. 416.7.4 TRANSFERS TO IMMIGRATION AUTHORITIES
Members shall not transfer an individual to immigration authorities unless one of the following circumstances exist (Government Code § 7282.5; Government Code § 7284.6):
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(a) Transfer is authorized by a judicial warrant or judicial probable cause determination. (b) The individual has been convicted of an offense as identified in Government Code § 7282.5(a).
(c) The individual is a current registrant on the California Sex and Arson Registry. (d) The individual is identified by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant.
416.7.5 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Criminal Investigations Section supervisor shall ensure that data regarding the number of transfers of an individual to immigration authorities, as permitted by Government Code § 7284.6(a) (4), and the offense that allowed for the transfer is collected and provided to the Police Services Manager for required reporting to the DOJ (Government Code § 7284.6(c)(2)(see the Records Section Policy).
416.8 U VISA AND T VISA NONIMMIGRANT STATUS
Under certain circumstances, federal law allows temporary immigration benefits, known as a U visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)).
Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (8 USC § 1101(a)(15)(T)).
Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Criminal Investigations Section supervisor assigned to oversee the handling of any related case. The Criminal Investigations Section supervisor should:
(a) Consult with the assigned investigator to determine the current status of any related case and whether further documentation is warranted.
(b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the certification or declaration has not already been completed and whether a certification or declaration is warranted.
(c) Address the request and complete the certification or declaration, if appropriate, in a timely manner.
1. The instructions for completing certification and declaration forms can be found on the U.S. Department of Homeland Security (DHS) website.
2. Form I-918 Supplement B certification shall be completed if the victim qualifies under Penal Code § 679.10 (multiple serious offenses). Form I-914 Supplement B certification shall be completed if the victim qualifies under Penal Code § 236.5 or Penal Code § 679.11 (human trafficking).
(d) Ensure that any decision to complete, or not complete, a certification or declaration form is documented in the case file and forwarded to the appropriate prosecutor.
Include a copy of any completed form in the case file.
(e) Inform the victim liaison of any requests and their status.
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416.8.1 TIME FRAMES FOR COMPLETION
Officers and their supervisors who are assigned to investigate a case of human trafficking as defined by Penal Code § 236.1 shall complete the above process and the documents needed for indicating the individual is a victim for the T visa application within 15 business days of the first encounter with the victim, regardless of whether it is requested by the victim (Penal Code § 236.5).
Officers and their supervisors shall complete the above process and the documents needed certifying victim cooperation for a U visa or T visa application pursuant to Penal Code § 679.10 and Penal Code § 679.11 within 30 days of a request from the victim, victim’s family, or authorized representative (as defined in Penal Code § 679.10 and Penal Code § 679.11) related to one of their assigned cases. If the victim is in removal proceedings, the certification shall be processed within seven days of the first business day following the day the request was received. 416.8.2 REPORTING TO LEGISLATURE
The Criminal Investigations Section supervisor or the authorized designee should ensure that certification requests are reported to the Legislature in January of each year and include the number of certifications signed and the number denied. The report shall comply with Government Code § 9795 (Penal Code § 679.10; Penal Code § 679.11). 416.8.3 POLICE REPORTS
Upon request, an officer or supervisor should provide a victim or authorized representative with a copy of the report filed by the victim within seven days of the request (Penal Code § 679.10). 416.9 TRAINING
The Professional Services Officer should ensure that all appropriate members receive training on immigration issues.
Training should include:
(a) Identifying civil versus criminal immigration violations. (b) Factors that may be considered in determining whether a criminal immigration violation has been committed.
(c) Prohibitions contained in the California Values Act (Government Code § 7284 et seq.).
Policy
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Emergency Utility Service
417.1 PURPOSE AND SCOPE
The City Public Works Department has personnel available to handle emergency calls 24 hours per day. Calls for service during non-business hours are frequently directed to the Police Department. Requests for such service received by this department should be handled in the following manner.
417.1.1 BROKEN WATER LINES
Water services in the City are provided by the East Bay Municipal Utilities Districe. Their responsibility ends at the water meter; any break or malfunction in the water system from the water meter to the citizen's residence or business is the customer's responsibility.Public Works can only turn off the valve at the meter. The citizen can normally accomplish this.
If a break occurs on the EBMUD's side of the meter, emergency personnel should be called as soon as practical by the Communications Center.
417.1.2 ELECTRICAL LINES
City Public Works does not maintain electrical lines to street light poles. When a power line poses a hazard, an officer should be dispatched to protect against personal injury or property damage that might be caused by power lines. Pacific Gas and Electric Company or Public Works should be promptly notified, as appropriate.
417.1.3 PUMPS, WELLS, ETC.
Public Works maintains the public water equipment, as well as several underpass and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency personnel should be contacted as soon as possible.
417.1.4 EMERGENCY NUMBERS
A current list of emergency personnel who are to be called for municipal utility emergencies is maintained by the Communications Center.
417.2 TRAFFIC SIGNAL MAINTENANCE
The City of Emeryville contracts with a private maintenance company to furnish maintenance for all traffic signals within the City, other than those maintained by the State of California. 417.2.1 OFFICER'S RESPONSIBILITY
Upon observing a damaged or malfunctioning signal, the officer will advise the the Communications Center of the location and problem with the signal. The dispatcher should make the necessary notification to the proper maintenance agency.
Policy
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Aircraft Accidents
418.1 PURPOSE AND SCOPE
The purpose of this policy is to provide Department members with guidelines for handling aircraft accidents.
This policy does not supersede, and is supplementary to, applicable portions of the Crime and Disaster Scene Integrity, Emergency Management Plan and Hazardous Material Response policies.
418.1.1 DEFINITIONS
Definitions related to this policy include:
Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of carrying a person or any unmanned aerial vehicle other than those intended for non-commercial recreational use.
418.2 POLICY
It is the policy of the Emeryville Police Department to provide an appropriate emergency response to aircraft accidents. This includes emergency medical care and scene management. 418.3 ARRIVAL AT SCENE
Officers or other authorized members tasked with initial scene management should establish an inner and outer perimeter to:
(a) Protect persons and property.
(b) Prevent any disturbance or further damage to the wreckage or debris, except to preserve life or rescue the injured.
(c) Preserve ground scars and marks made by the aircraft. (d) Manage the admission and access of public safety and medical personnel to the extent necessary to preserve life or to stabilize hazardous materials. (e) Maintain a record of persons who enter the accident site. (f) Consider implementation of an Incident Command System (ICS). 418.4 INJURIES AND CASUALTIES
Members should address emergency medical issues and provide care as a first priority.
Those tasked with the supervision of the scene should coordinate with the National Transportation Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor should ensure documentation of what was disturbed, including switch/control positions and instrument/gauge readings.
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418.5 NOTIFICATIONS
When an aircraft accident is reported to this Department, the responding supervisor shall ensure notification is or has been made to NTSB, the Federal Aviation Administration (FAA), and when applicable, the appropriate branch of the military.
Supervisors shall ensure other notifications are made once an aircraft accident has been reported.
The notifications will vary depending on the type of accident, extent of injuries or damage, and the type of aircraft involved. When an aircraft accident has occurred, it is generally necessary to notify the following:
(a) Fire department
(b) Appropriate airport tower
(c) Emergency medical services (EMS)
418.6 CONTROLLING ACCESS AND SCENE AUTHORITY
Prior to NTSB arrival, scene access should be limited to authorized personnel from the:
(a) FAA.
(b) Fire department, EMS or other assisting law enforcement agencies. (c) Coroner.
(d) Air Carrier/Operators investigative teams with NTSB approval. (e) Appropriate branch of the military, when applicable. (f) Other emergency services agencies (e.g., hazardous materials teams, biohazard decontamination teams, fuel recovery specialists, explosive ordnance disposal specialists).
The NTSB has primary responsibility for investigating accidents involving civil aircraft. In the case of a military aircraft accident, the appropriate branch of the military will have primary investigation responsibility.
After the NTSB or military representative arrives on-scene, the efforts of this Department will shift to a support role for those agencies.
If NTSB or a military representative determines that an aircraft or accident does not qualify under its jurisdiction, the on-scene departmentsupervisor should ensure the accident is still appropriately investigated and documented.
418.7 DANGEROUS MATERIALS
Members should be aware of potentially dangerous materials that might be present. These may include, but are not limited to:
(a) Fuel, chemicals, explosives, biological or radioactive materials and bombs or other ordnance.
(b) Pressure vessels, compressed gas bottles, accumulators and tires.
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(c) Fluids, batteries, flares and igniters.
(d) Evacuation chutes, ballistic parachute systems and composite materials. 418.8 DOCUMENTATION
All aircraft accidents occurring within the City of Emeryville shall be documented. At a minimum the documentation should include the date, time and location of the incident; any witness statements, if taken; the names of EPD members deployed to assist; other City resources that were utilized; and cross reference information to other investigating agencies. Suspected criminal activity should be documented on the appropriate crime report.
418.8.1 WRECKAGE
When reasonably safe, members should:
(a) Obtain the aircraft registration number (N number) and note the type of aircraft. (b) Attempt to ascertain the number of casualties.
(c) Obtain photographs or video of the overall wreckage, including the cockpit and damage, starting at the initial point of impact, if possible, and any ground scars or marks made by the aircraft.
1. Military aircraft may contain classified equipment and therefore shall not be photographed unless authorized by a military commanding officer (18 USC § 795).
(d) Secure, if requested by the lead authority, any electronic data or video recorders from the aircraft that became dislodged or cell phones or other recording devices that are part of the wreckage.
(e) Acquire copies of any recordings from security cameras that may have captured the incident.
418.8.2 WITNESSES
Members tasked with contacting witnesses should obtain:
(a) The location of the witness at the time of his/her observation relative to the accident site.
(b) A detailed description of what was observed or heard. (c) Any photographs or recordings of the accident witnesses may be willing to voluntarily surrender.
(d) The names of all persons reporting the accident, even if not yet interviewed. (e) Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records. 418.9 MEDIA RELATIONS
The Press Information Officer (PIO) should coordinate a response to the media, including access issues, road closures, detours and any safety information that is pertinent to the surrounding community. Any release of information regarding details of the accident itself should Emeryville Police Department
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be coordinated with the NTSB or other authority who may have assumed responsibility for the investigation.
Depending on the type of aircraft, the airline or the military may be responsible for family notifications and the release of victims’ names. The PIO should coordinate with other involved entities before the release of information.
Policy
419
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Field Training Officer Program
419.1 PURPOSE AND SCOPE
The Field Training Officer Program is intended to provide a standardized program to facilitate the officer’s transition from the academic setting to the actual performance of general law enforcement duties of the Emeryville Police Department.
It is the policy of this department to assign all new police officers to a structured Field Training Officer Program that is designed to prepare the new officer to perform in a patrol assignment, and possessing all skills needed to operate in a safe, productive, and professional manner. 419.2 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.
419.2.1 SELECTION PROCESS
FTOs will be selected based on the following requirements:
(a) Desire to be an FTO
(b) Minimum of three years of patrol experience, two of which shall be with this department, unless specifically exempted from this requirement by the Chief or his/ her designee
(c) Demonstrated ability as a positive role model
(d) Participate and pass an internal oral interview selection process (e) Evaluation by supervisors and current FTOs
(f) Possess a POST Basic certificate
419.2.2 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.
419.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR
The FTO Program supervisor should be selected from the rank of sergeant or above by the Field Services Division Captain or a designee and should possess, or be eligible to receive, a POST Supervisory Certificate.
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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 (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)). 419.4 TRAINEE DEFINED
Any entry level or lateral police officer newly appointed to the Emeryville Police Department who has successfully completed a POST approved Basic Academy. 419.5 REQUIRED TRAINING
Entry level officers shall be required to successfully complete the Field Training Program, consisting of a minimum of 10 weeks (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. 419.5.1 FIELD TRAINING MANUAL
Each new officer will be issued a Field Training Manual at the beginning of his/her Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as an officer with the Emeryville Police Department. The officer shall become knowledgeable of the subject matter as outlined. He/she 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 Emeryville Police Department.
419.6 EVALUATIONS
Evaluations are an important component of the training process and shall be completed as outlined below.
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419.6.1 FIELD TRAINING OFFICER
The FTO will be responsible for the following:
(a) Complete and submit a written evaluation on the performance of his/her assigned trainee to the FTO Coordinator on a daily basis.
(b) Review the Daily Trainee Performance Evaluations with the trainee each day. (c) Complete a detailed end-of-phase performance evaluation on his/her 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 his/her assigned trainee. 419.6.2 IMMEDIATE SUPERVISOR
The immediate supervisor shall review and approve the Daily Trainee Performance Evaluations and forward them to the Field Training Administrator.
419.6.3 FIELD TRAINING ADMINISTRATOR
The Field Training Administrator will review and approve the Daily Trainee Performance Evaluations submitted by the FTO through his/her immediate supervisor. 419.6.4 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. 419.7 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) A Certificate of Completion certifying that the trainee has successfully completed the required number of hours of field training
Policy
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Obtaining Air Support
420.1 PURPOSE AND SCOPE
The use of a police helicopter can be invaluable in certain situations. This policy specifies potential situations where the use of a helicopter may be requested and the responsibilities for making a request.
420.2 REQUEST FOR HELICOPTER ASSISTANCE
If a supervisor or officer in charge of an incident determines that the use of a helicopter would be beneficial, a request to obtain helicopter assistance may be made. 420.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY
After consideration and approval of the request for a helicopter, Dispatch will call the closest agency having helicopter support available and will apprise that agency of the specific details of the incident prompting the request.
The following is a list of agencies which have helicopter support:
(a) Oakland Police Department
(b) California Highway Patrol
(c) East Bay Regional Parks District
420.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED
Police helicopters may be requested under any of the following conditions:
(a) When the helicopter is activated under existing mutual aid agreements (b) Whenever the safety of law enforcement personnel is in jeopardy and the presence of the helicopters may reduce such hazard
(c) When the use of the helicopters will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to the community (d) When a helicopter is needed to locate a person who has strayed or is lost and whose continued absence constitutes a serious health or safety hazard (e) Vehicle pursuits
While it is recognized that the availability of helicopter support will generally provide valuable assistance to ground personnel, the presence of a helicopter will rarely replace the need for officers on the ground.
Policy
421
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Contacts and Temporary Detentions
421.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for temporarily detaining but not arresting persons in the field, conducting field interviews (FI) and pat-down searches, and the taking and disposition of photographs.
421.1.1 DEFINITIONS
Definitions related to this policy include:
Consensual encounter - When an officer contacts an individual but does not create a detention through words, actions, or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary.
Field interview - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purpose of determining the individual's identity and resolving the officer's suspicions.
Field photographs - Posed photographs taken of a person during a contact, temporary detention, or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio Video (MAV) system, body-worn camera, or public safety camera when persons are not posed for the purpose of photographing are not considered field photographs.
Pat-down search - A type of search used by officers in the field to check an individual for dangerous weapons. It involves a thorough patting-down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee, or others.
Reasonable suspicion - When, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity.
Temporary detention - When an officer intentionally, through words, actions, or physical force, causes an individual to reasonably believe he/she is required to restrict his/her movement without an actual arrest. Temporary detentions also occur when an officer actually restrains a person’s freedom of movement.
421.2 POLICY
The Emeryville Police Department respects the right of the public to be free from unreasonable searches or seizures. Due to an unlimited variety of situations confronting the officer, the decision to temporarily detain a person and complete a field interview (FI), pat-down search, or field photograph shall be left to the officer based on the totality of the circumstances, officer safety considerations, and constitutional safeguards.
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421.3 FIELD INTERVIEWS
Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a person, and conduct an FI, when there is articulable, reasonable suspicion to do so. A person, however, shall not be detained longer than is reasonably necessary to resolve the officer’s suspicion.
Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact with consenting individuals is encouraged by the Emeryville Police Department to strengthen community involvement, community awareness, and problem identification. 421.3.1 INITIATING A FIELD INTERVIEW
When initiating the stop, the officer should be able to point to specific facts which, when considered with the totality of the circumstances, reasonably warrant the stop. Such facts include but are not limited to an individual’s:
(a) Appearance or demeanor suggesting that he/she is part of a criminal enterprise or is engaged in a criminal act
(b) Actions suggesting that he/she is engaged in a criminal activity (c) Presence in an area at an inappropriate hour of the day or night (d) Presence in a particular area is suspicious
(e) Carrying of suspicious objects or items
(f) Excessive clothes for the climate or clothes bulging in a manner that suggest he/she is carrying a dangerous weapon
(g) Location in proximate time and place to an alleged crime (h) Physical description or clothing worn that matches a suspect in a recent crime (i) Prior criminal record or involvement in criminal activity as known by the officer 421.4 PAT-DOWN SEARCHES
Once a valid stop has been made, and consistent with the officer’s training and experience, an officer may pat a subject's outer clothing for weapons if the officer has a reasonable, articulable suspicion the subject may pose a safety risk. The purpose of this limited search is not to discover evidence of a crime, but to allow the officer to pursue the investigation without fear of violence.
Circumstances that may establish justification for performing a pat-down search include but are not limited to:
(a) The type of crime suspected, particularly in crimes of violence where the use or threat of deadly weapons is involved.
(b) Where more than one subject must be handled by a single officer. (c) The hour of the day and the location or neighborhood where the stop takes place. (d) Prior knowledge of the subject's use of force and/or propensity to carry weapons. (e) The actions and demeanor of the subject.
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(f) Visual indications which suggest that the subject is carrying a firearm or other weapon.
Whenever practicable, a pat-down search should not be conducted by a lone officer. A cover officer should be positioned to ensure safety and should not be involved in the search. 421.5 FIELD PHOTOGRAPHS
All available databases (such as the RMS system and CRIMS)should be searched before photographing any field detainee. If a photograph is not located, or if an existing photograph no longer resembles the detainee, the officer should carefully consider, among other things, the factors listed below.
421.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT
Field photographs may be taken when the subject being photographed knowingly and voluntarily gives consent. When taking a consensual photograph, the officer should have the individual read and sign the appropriate form (TF-107 form) accompanying the photograph. 421.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT
Field photographs may be taken without consent only if they are taken during a detention that is based upon reasonable suspicion of criminal activity, and the photograph serves a legitimate law enforcement purpose related to the detention. The officer must be able to articulate facts that reasonably indicate that the subject was involved in or was about to become involved in criminal conduct. The subject should not be ordered to remove or lift any clothing for the purpose of taking a photograph.
If, prior to taking a photograph, the officer’s reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken.
All field photographs and related reports shall be submitted to a supervisor and retained in compliance with this policy.
421.5.3 DISPOSITION OF PHOTOGRAPHS
All detainee photographs must be adequately labeled and submitted to the Watch Commander with either an associated FI card or other documentation explaining the nature of the contact. If an individual is photographed as a suspect in a particular crime, the photograph should be submitted as an evidence item in the related case, following standard evidence procedures.
If a photograph is not associated with an investigation where a case number has been issued, the Watch Commander should review and forward the photograph to one of the following locations:
(a) If the photograph and associated FI or documentation is relevant to criminal organization/enterprise enforcement, the Watch Commander will forward the photograph and documents to the CIS supervisor.The supervisor will ensure the photograph and supporting documents are retained as prescribed in the Criminal Organizations Policy.
(b) Photographs that do not qualify for retention in a temporary information file shall be forwarded to the Records Section.
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When a photograph is taken in association with a particular case, the investigator may use such photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part of the case file. All other photographs shall be retained in accordance with the established records retention schedule.
421.5.4 SUPERVISOR RESPONSIBILITIES
While it is recognized that field photographs often become valuable investigative tools, supervisors should monitor such practices in view of the above listed considerations. This is not to imply that supervisor approval is required before each photograph is taken.
Access to, and use of, field photographs shall be strictly limited to law enforcement purposes. 421.6 WITNESS IDENTIFICATION AND INTERVIEWS
Because potential witnesses to an incident may become unavailable or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor and/or criminal investigator to utilize available members for the following:
(a) Identifying all persons present at the scene and in the immediate area.
1. When feasible, a recorded statement should be obtained from those who claim not to have witnessed the incident but who were present at the time it occurred.
2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where the investigating officer(s) may obtain a recorded statement.
Such witnesses, if willing, may be transported by Emeryville Police Department members.
1. A written, verbal, or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transport.
Policy
422
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Criminal Organizations
422.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that the Emeryville Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises.
422.1.1 DEFINITIONS
Definitions related to this policy include:
Criminal intelligence system - Any record system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates. This does not include temporary information files.
422.2 POLICY
The Emeryville Police Department recognizes that certain criminal activities, including but not limited to gang crimes and drug trafficking, often involve some degree of regular coordination and may involve a large number of participants over a broad geographical area.
It is the policy of this department to collect and share relevant information while respecting the privacy and legal rights of the public.
422.3 CRIMINAL INTELLIGENCE SYSTEMS
No department member may create, submit to or obtain information from a criminal intelligence system unless the Chief of Police has approved the system for department use.
Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20.
The Criminal Investigation Section Bureau (CIS ) Sergeant will be responsible for maintaining each criminal intelligence system that has been approved for department use. The supervisor or the authorized designee should ensure the following:
(a) Members using any such system are appropriately selected and trained. (b) Use of every criminal intelligence system is appropriately reviewed and audited. (c) Any system security issues are reasonably addressed. 422.3.1 SYSTEM ENTRIES
It is the designated supervisor’s responsibility to approve the entry of any information from a report, field interview (FI), photo or other relevant document into an authorized criminal intelligence system. If entries are made based upon information that is not on file with this department, such as open or public source documents or documents that are on file at another agency, the designated supervisor should ensure copies of those documents are retained by the Records Section. Any supporting documentation for an entry shall be retained by the Records Section in accordance Emeryville Police Department
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with the established records retention schedule and for at least as long as the entry is maintained in the system.
The designated supervisor should ensure that any documents retained by the Records Section are appropriately marked as intelligence information. The Police Services Manager may not purge such documents without the approval of the designated supervisor. 422.3.2 GANG DATABASES
The Chief of Police may approve participation by the gang unit in a shared criminal gang intelligence database, such as CALGANG®. Members must obtain the requisite training before accessing any such database (11 CCR 751.6).
It is the gang unit supervisor’s responsibility to determine whether any report or FI contains information that would qualify for entry into the database. Prior to designating any person as a suspected gang member, associate, or affiliate in a shared gang database; or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database; or otherwise identifying the person in a shared gang database, the gang unit supervisor shall provide written notice to the person and, if the person is under the age of 18, to his/her parent or guardian of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of a minor. Notice shall also describe the process to contest the designation (Penal Code § 186.34).
The person, an attorney working on his/her behalf, or his/her parent or guardian (if the person is under 18 years of age) may request, in writing, information as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by the Department, the basis for that designation, and the name of the agency that made the designation.
The Department shall respond to a valid request in writing within 30 days, and shall provide the information requested unless doing so would compromise an active investigation or compromise the health and safety of the person if he/she is under 18 years of age (Penal Code § 186.34).
The person, or his/her parent or guardian if the person is under 18 years of age, may contest the designation by submitting written documentation, which shall be reviewed by the gang unit supervisor. If it is determined that the person is not a suspected gang member, associate, or affiliate, the person shall be removed from the database. The person and the parent or guardian shall be provided written verification of the department’s decision within 30 days of receipt of the written documentation contesting the designation and shall include the reason for a denial when applicable (Penal Code § 186.34).
The gang unit supervisor should forward reports or FIs to the Records Section after appropriate database entries are made. The supervisor should clearly mark the report/FI as gang intelligence information.
It is the responsibility of the Records Section supervisor to retain reports and FIs in compliance with the database rules and any applicable end user agreement.
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Records contained in a shared gang database shall not be disclosed for employment or military screening purposes, and shall not be disclosed for the purpose of enforcing federal immigration law unless required by state or federal statute or regulation (Penal Code § 186.36). 422.4 TEMPORARY INFORMATION FILE
No member may create or keep files on individuals that are separate from the approved criminal intelligence system. However, members may maintain temporary information that is necessary to actively investigate whether a person or group qualifies for entry into the department-approved criminal intelligence system only as provided in this section. Once information qualifies for inclusion, it should be submitted to the supervisor responsible for consideration of criminal intelligence system entries.
422.4.1 FILE CONTENTS
A temporary information file may only contain information and documents that, within one year, will have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence system.
Information and documents contained in a temporary information file:
(a) Must only be included upon documented authorization of the responsible department supervisor.
(b) Should not be originals that would ordinarily be retained by the Records Section or Property and Evidence Bureau, but should be copies of, or references to, retained documents such as copies of reports, FI forms, the Communications Center records or booking forms.
(c) Shall not include opinions. No person, organization or enterprise shall be labeled as being involved in crime beyond what is already in the document or information. (d) May include information collected from publicly available sources or references to documents on file with another government agency. Attribution identifying the source should be retained with the information.
422.4.2 FILE REVIEW AND PURGING
The contents of a temporary information file shall not be retained longer than one year. At the end of one year, the contents must be purged.
The designated supervisor shall periodically review the temporary information files to verify that the contents meet the criteria for retention. Validation and purging of files is the responsibility of the supervisor.
422.5 INFORMATION RECOGNITION
Department members should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to:
(a) Gang indicia associated with a person or residence.
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(b) Information related to a drug-trafficking operation. (c) Vandalism indicating an animus for a particular group. (d) Information related to an illegal gambling operation.
Department supervisors who utilize an authorized criminal intelligence system should work with the Professional Services Section to train members to identify information that may be particularly relevant for inclusion.
422.6 RELEASE OF INFORMATION
Department members shall comply with the rules of an authorized criminal intelligence system regarding inquiries and release of information.
Information from a temporary information file may only be furnished to department members and other law enforcement agencies on a need-to-know basis and consistent with the Records Maintenance and Release Policy.
When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile's name is in a temporary information file, such information should be provided by the CIS B supervisor responsible for the temporary information file, unless there is good cause to believe that the release of such information might jeopardize an ongoing criminal investigation. 422.7 CRIMINAL STREET GANGS
The Department should ensure that there are an appropriate number of department members who can:
(a) Testify as experts on matters related to criminal street gangs, and maintain an above average familiarity with:
1. Any organization, associate or group of three or more persons that meets the definition of a criminal street gang under Penal Code § 186.22(f).
2. Identification of a person as a criminal street gang member and criminal street gang-related crimes.
3. The California Street Terrorism Enforcement and Prevention Act (Penal Code § 186.21 et seq.), associated crimes and what defines a criminal street gang (Penal Code § 186.22).
(b) Coordinate with other agencies in the region regarding criminal street gang-related crimes and information.
(c) Train other members to identify gang indicia and investigate criminal street gangrelated crimes. 422.8 TRAINING
The Professional Services Officer should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include:
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(a) The protection of civil liberties.
(b) Participation in a multiagency criminal intelligence system. (c) Submission of information into a multiagency criminal intelligence system or the receipt of information from such a system, including any governing federal and state rules and statutes.
(d) The type of information appropriate for entry into a criminal intelligence system or temporary information file.
(e) The review and purging of temporary information files. 422.8.1 SHARED GANG DATABASE TRAINING
The Professional Services Officer should ensure that members who are authorized users of a shared gang database receive the required training from the California Department of Justice (DOJ) or an instructor certified by the DOJ that includes comprehensive and standardized training on the use of shared gang databases, and any other associated training required by the Department (Penal Code § 186.36; 11 CCR 751.6).
Policy
423
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Watch Commanders
423.1 PURPOSE AND SCOPE
Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with departmental policies, procedures, practices, functions and objectives. To accomplish this goal, a Sergeant heads each watch. 423.2 DESIGNATION AS ACTING WATCH COMMANDER
When a Sergeant is unavailable for duty as Watch Commander, an acting sergeant shall be designated by the Field Services Division Captain pursuant to the requirements of the current Memorandum of Understanding with the Police Officer's Association.
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424
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Mobile Digital Computer Use
424.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper access, use and application of the Mobile Digital Computer (MDC) system in order to ensure appropriate access to confidential records from local, state and national law enforcement databases, and to ensure effective electronic communications between department members and the Communications Center. 424.2 POLICY
Emeryville Police Department members using the MDC shall comply with all appropriate federal and state rules and regulations and shall use the MDC in a professional manner, in accordance with this policy.
424.3 RESTRICTED ACCESS AND USE
MDC use is subject to the Information Technology Use and Protected Information policies.
Members shall not access the MDC system if they have not received prior authorization and the required training. Members shall immediately report unauthorized access or use of the MDC by another member to their supervisors or Watch Commanders.
Use of the MDC system to access law enforcement databases or transmit messages is restricted to official activities, business-related tasks and communications that are directly related to the business, administration or practices of the Department. In the event that a member has questions about sending a particular message or accessing a particular database, the member should seek prior approval from his/her supervisor.
Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the MDC system is prohibited and may result in discipline.
It is a violation of this policy to transmit a message or access a law enforcement database under another member’s name or to use the password of another member to log in to the MDC system unless directed to do so by a supervisor or the affected member. Members are required to log off the MDC or secure the MDC when it is unattended. This added security measure will minimize the potential for unauthorized access or misuse.
424.3.1 USE WHILE DRIVING
Use of the MDC by the vehicle operator should be limited to times when the vehicle is stopped.
Information that is required for immediate enforcement, investigative, tactical or safety needs should be transmitted over the radio.
Short transmissions, such as a license plate check, are permitted if it reasonably appears that it can be done safely. In no case shall an operator attempt to send or review lengthy messages while the vehicle is in motion.
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424.4 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to messages accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance).
424.5 DOCUMENTATION OF ACTIVITY
Except as otherwise directed by the Field Surpervisor, Watch Commander or other departmentestablished protocol, all calls for service assigned by a dispatcher should be communicated by voice over the police radio and electronically via the MDC unless security or confidentiality prevents such broadcasting.
MDC and voice transmissions are used to document the member's daily activity. To ensure accuracy:
(a) All contacts or activity shall be documented at the time of the contact. (b) Whenever the activity or contact is initiated by voice, it should be documented by a dispatcher.
(c) Whenever the activity or contact is not initiated by voice, the member shall document it via the MDC.
424.5.1 STATUS CHANGES
All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over the police radio or through the MDC system.
Members responding to in-progress calls should advise changes in status over the radio to assist other members responding to the same incident. Other changes in status can be made on the MDC when the vehicle is not in motion.
424.5.2 EMERGENCY ACTIVATION
If there is an emergency activation and the member does not respond to a request for confirmation of the need for emergency assistance or confirms the need, available resources will be sent to assist in locating the member. If the location is known, the nearest available officer should respond in accordance with the Officer Response to Calls Policy.
Members should ensure a field supervisor and the Watch Commander are notified of the incident without delay.
Officers not responding to the emergency shall refrain from transmitting on the police radio until a no-further-assistance broadcast is made or if they are also handling an emergency. 424.6 EQUIPMENT CONSIDERATIONS
424.6.1 MALFUNCTIONING MDC
Whenever possible, members will not use vehicles with malfunctioning MDCs. Whenever members must drive a vehicle in which the MDC is not working, they shall notify the Emeryville Police Department
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Communications Center. It shall be the responsibility of the dispatcher to document all information that will then be transmitted verbally over the police radio. 424.6.2 BOMB CALLS
When investigating reports of possible bombs, members should not communicate on their MDCs when in the evacuation area of a suspected explosive device. Radio frequency emitted by the MDC could cause some devices to detonate.
Policy
425
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Portable Audio/Video Recorders
425.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of portable audio/video recording devices by members of this Department while in the performance of their duties. Portable audio/video recording devices/technology include all recording systems whether body-worn video/audio (BWV) recording devices and issued personal digital audio recorders (DAR). All recordings are the property of the Emeryville Police Department and may be used for evidentiary purposes for court proceedings or testimonials and internal investigations.
This policy does not apply tointerviews or interrogations conducted at any Emeryville Police Department facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices).
425.2 POLICY
The Emeryville Police Department should provide members with access to recording technology, either audio or video or both, for use during the performance of their duties. It is the policy of the Emeryville Police Department that all personnel will effectively and responsibly utilize all department provided audio/video recording technology to enhance the mission of the Department, as a tool to collect evidence, as a safeguard for the officer and the Department against false claims of misconduct and to ensure that all personnel are performing their duties to the highest standards of professional integrity.
425.2.1 DEFINITIONS
Definitions related to this policy include:
Activate –Any process that causes the BWC device to records and store video or audio data,or any process that causes the DAR to record and store audio data.
Administrator – Sworn personnel tasked with the maintenance, auditing, configuration and reliable operation of the BWC and DAR devices and system. The Chief of Police shall designate the Administrator.
Media – For purposes of this policy, media is defined as video and audio files encoded digitally.
Recorded media - Audio-video signals recorded or digitally stored on a storage device or portable media.
Recorder – Interchangeable term used to describe a BWC or DAR device.
System – Interchangeable term used to describe the storage systems, to include applicable hardware and software components of the BWC and DAR devices. 425.3 MEMBER PRIVACY EXPECTATION
All recordings made by members on any department-issued device at any time, and any recording made while acting in an official capacity for this department, regardless of ownership of the device Emeryville Police Department
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it was made on, shall remain the property of the Department. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 425.4 MEMBER RESPONSIBILITIES
Prior to going into service, each uniformed member will properly equip himself/herself to record audio and video in the field. At the end of each shift, officers will follow the established procedures for the upload and booking of all recordings. Each officer should have adequate recording media for the entire duty assignment. In the event an officer determines their device is inoperable, they will immediately notify their supervisor in person and/or via email. Employees are to use only their assigned equipment unless assigned a replacement device by a supervisor.
At the start of each shift, officers shall test the Digital Audio Recorder and BWC device in accordance with manufacturer specifications and department operating procedures and training.
At the end of each shift officers should download the BWC to the appropriate system server.
Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable.
Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned.
Each member should receive BWC training prior to being issued a device. That training should include the use of the BWC, policy review, downloading, and practical scenario based activation of the BWC.
425.4.1 SUPERVISOR RESPONSIBILITIES
Supervisors should take custody of a portable audio/video recording device as soon as practicable when the device may have captured an incident involving the use of force, an officer-involved shooting or death or other serious incident, and ensure the data is downloaded (Penal Code § 832.18).
425.5 ACTIVATION OF THE RECORDING TECHNOLOGY
The BWC device is designed to be activated manually. The device remains on until it is turned off manually by the officer.
The DAR device is designed to activate when the member selects the record button the device.
The recording is stopped when the officer selects stop.
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425.5.1 REQUIRED ACTIVATION OF BWC
This policy is not intended to describe every possible situation in which a DAR or BWC device may be used, although there are many situations where its use is appropriate. An officer should activate the systems or devices any time the officer believes it would be appropriate or valuable to document an incident. In no way should the activation of the BWC jeopardize officer safety. The recording system that best fulfills the intent of this policy, section 450.2.1, will be selected (i.e.; The BWC activated to document a foot pursuit or the DAR to record conversations of suspects in a patrol vehicle).
In some circumstances it is not possible to capture images or video of the incident due to conditions or the location of the camera. However the audio portion can be valuable evidence and is subject to the same activation requirements as the BWC. Officers shall wear the BWC affixed to their uniform in a manner most conducive the recording both audio and video. This would typically be on the front of the uniform shirt facing forward.
Officers should make every reasonable effort to activate the BWC during any of the following situations:
(a) All field contacts involving actual or potential criminal conduct within video or audio range:
1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops)
2. Vehicle and foot pursuits
3. Suspicious vehicles
4. Arrests
5. Vehicle searches
6. Physical or verbal confrontations or use of force
7. Pedestrian contacts that have the potential for enforcement action
8. DWI/DUI investigations including field sobriety tests
9. Crimes in progress
(b) All self-initiated activity in which an officer reasonably believes recordings of evidentiary value may be obtained.
(c) Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect:
1. Domestic violence calls
2. Disturbance of peace calls
3. Offenses involving violence or weapons
(d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording.
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(e) Any other circumstance where the member believes that a recording of an incident would be appropriate.
(f) Special considerations should be taken when recording critical incidents and confidential contacts. Depending on the circumstances at hand members should consider recording or not recording the following types of contacts:
1. Child sexual assault interviews
2. Contact with confidential informants
Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording.
Request by the public to stop recording should be considered using the same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording.
425.5.2 SURREPTITIOUS USE OF RECORDING TECHNOLOGY
Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation (Penal Code § 633). Members are not required to notify members of the public the BWC has been activated.
Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 425.5.3 CESSATION OF RECORDING
Once activated, the recording technology should remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing, or other breaks from direct participation in the incident such as conversations with other officers/supervisors.
Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 425.5.4 EXPLOSIVE DEVICE
Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present.
425.5.5 WHEN ACTIVATION IS NOT REQUIRED
Activation of the a DAR or BWC device is not required during breaks, lunch periods, when not in service or actively on patrol.
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425.6 PROHIBITED USE OF PORTABLE RECORDERS
Members are prohibited from using department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while onduty or while acting in their official capacity.
Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department.
Members are prohibited from using personally owned recording devices while on-duty without the express consent of the Watch Commander. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements, and should notify the on-duty supervisor of such use as soon as reasonably practicable.
Recordings shall not be used by any member for the purpose of embarrassment, harassment or ridicule.
425.6.1 PROHIBITED USE OF BIOMETRIC SURVEILLANCE SYSTEM The installation, activation, or use of biometric surveillance systems, including facial recognition, in connection with portable recorders is prohibited (Penal Code § 832.19). 425.7 IDENTIFICATION AND PRESERVATION OF RECORDINGS
To assist with identifying and preserving BWC data and recordings, members should download, tag and/or mark these in accordance with procedure and document the existence of the recording in any related case report.
A member should transfer, tag, or mark all BWC recordings.
Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording.
425.8 REVIEW OF RECORDED MEDIA FILES
When preparing written reports, members should review their recordings as a resource (see the Officer-Involved Shootings and Deaths Policy for guidance in those cases). However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report.
Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing.
Recorded files may also be reviewed:
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(a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation.
(b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case.
(c) By media personnel with permission of the Chief of Police or the authorized designee. (d) In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy. All recordings should be reviewed by the Custodian of Records prior to public release (see the Records Maintenance and Release Policy). Recordings that unreasonably violate a person’s privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court.
(e) By department field training officers (FTOs) for the sole purpose of providing training and/or performance evaluation of their assigned police officer trainee. (f) Recordings may be shown for training purposes.If an involved member objects to showing a recording, his/her objection will be submitted to staff to determine if the training value outweighs the member's objection.
Employees desiring to view any previously uploaded or archived media recording for reasons not listed above shall submit a request to the Watch Commander.Approved requests should be forwarded to the BWC custodian for processing before the video is viewed.
In no event shall any recording be viewed, used or shown for the purpose of ridiculing or embarrassing any employee, or for mere entertainment or curiosity.
In the event an incident or conversation has been recorded which serves no law enforcement purpose and may prove to be embarrassing to the individual and/or department, an employee may petition the administrator to have the recording erased.The system administrator shall have final approval on the disposition of such recordings.
425.9 POLICY VIOLATIONS
Unauthorized access to the system, misuse of the system, unauthorized reproduction and/or distribution of video, images or audio recordings may result in disciplinary action up to and including termination.
425.10 COORDINATOR
The Chief of Police or the authorized designee shall appoint a member of the Department to coordinate the use and maintenance of audio/video recording devices and the storage of recordings, including (Penal Code § 832.18):
(a) Establishing a system for downloading, storing and security of recordings. (b) Designating persons responsible for downloading recorded data.
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(c) Establishing a maintenance system to ensure availability of operable portable audio/ video recording devices.
(d) Establishing a system for tagging and categorizing data according to the type of incident captured.
(e) Establishing a system to prevent tampering, deleting and copying recordings and ensure chain of custody integrity.
(f) Working with counsel to ensure an appropriate retention schedule is being applied to recordings and associated documentation.
(g) Maintaining logs of access and deletions of recordings. (h) Annual policy review
425.11 RETENTION OF RECORDINGS
Recordings of the following should be retained for a minimum of two years (Penal Code § 832.18):
(a) Incidents involving use of force by an officer
(b) Officer-involved shootings
(c) Incidents that lead to the detention or arrest of an individual (d) Recordings relevant to a formal or informal complaint against an officer or the Emeryville Police Department
Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (Penal Code § 832.18).
All other recordings should be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 180 days.
Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18).
425.11.1 RELEASE OF AUDIO/VIDEO RECORDINGS
Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. All media requests for audio/video recordings shall be accepted and processed in accordance with federal, state, and local statues and department policy related to media requests. The Chief of Police will have the final approval of media requests of audio/video releases. The Chief of Police shall make all reasonable/lawful efforts to preserve the privacy of community members and employees of the Emeryville Police Department. 425.12 SUPERVISOR AUDITS
The employee’s direct supervisor will audit the BWC video of each assigned personnel member once every six months. The BWC video will be viewed in its entirety to ensure compliance with the BWC policy. To maintain the employee's confidentially during the auditing process, the supervisor shall view the videos in private.
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(a) Examples of the inquire to be made during the audit include but are not limited to the following:
(a) Confirming the BWC video is consistent with the supporting police report, CAD incident, or citation for the corresponding incident?
(b) If the BWC video recording was stopped, ensuring the purpose was in accordance with the BWC policy.
(c) Ensuring there is both audio and video for the video entire recording. (d) Confirming the activation of the BWC was within policy? (e) Ensuring the BWC video includes the 30-second pre-activation recording.
If a discrepancy is observed during the supervisory review, the supervisor should have the discretion to resolve the matter with the officer as a training opportunity. If the problem is determined to be an equipment malfunction, the reviewing supervisor will take the inoperable BWC out of service and issue the employee a replacement BWC. The reviewing supervisor will document their actions in a supervisory or training note. If the discrepancy involved a violation of law or of policy, the supervisor will notify the Operations Section Lieutenant.
If a violation of law is observed or discovered during the viewing of the footage, they shall promptly notify the Chief of Police, via the Chain of Command in writing.
The BWC Audit Spreadsheet will be retained by the Body Worn Camera Coordinator in accordance with the City's retention schedule. The BWC Audit record will be exempt from California Public Records Act (PRA) and Freedom of Information Act (FOIA) disclosure pursuant to Government Code Sections 6254(c), 6254(k), and 6255.
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Medical Marijuana
426.1 PURPOSE AND SCOPE
The purpose of this policy is to provide members of this department with guidelines for investigating the acquisition, possession, transportation, delivery, production or use of marijuana under California’s medical marijuana laws.
426.1.1 DEFINITIONS
Definitions related to this policy include:
Cardholder - A person issued a current identification card.
Compassionate Use Act (CUA) (Health and Safety Code § 11362.5) - California law intended to provide protection from prosecution to those who are seriously ill and whose health would benefit from the use of marijuana in the treatment of illness for which marijuana provides relief. The CUA does not grant immunity from arrest but rather provides an affirmative defense from prosecution for possession of medical marijuana.
Identification card - A valid document issued by the California Department of Public Health to both persons authorized to engage in the medical use of marijuana and also to designated primary caregivers.
Medical marijuana - Marijuana possessed by a patient or primary caregiver for legitimate medical purposes.
Medical Marijuana Program (MMP) (Health and Safety Code § 11362.7 et seq.) - California laws passed following the CUA to facilitate the prompt identification of patients and their designated primary caregivers in order to avoid unnecessary arrests and provide needed guidance to law enforcement officers. MMP prohibits arrest for possession of medical marijuana in certain circumstances and provides a defense in others.
Patient - A person who is entitled to the protections of the CUA because he/she has received a written or oral recommendation or approval from a physician to use marijuana for medical purposes or any person issued a valid identification card.
Primary caregiver - A person designated by the patient, who has consistently assumed responsibility for the patient’s housing, health or safety, who may assist the patient with the medical use of marijuana under the CUA or the MMP (Health and Safety Code § 11362.5; Health and Safety Code § 11362.7).
Statutory amount - No more than 8 ounces of dried, mature, processed female marijuana flowers (“bud”) or the plant conversion (e.g., kief, hash, hash oil), and no more than six mature or 12 immature marijuana plants (roots, stems and stem fibers should not be considered) (Health and Safety Code § 11362.77).
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426.2 POLICY
It is the policy of the Emeryville Police Department to prioritize resources to forgo making arrests related to marijuana that the arresting officer reasonably believes would not be prosecuted by state or federal authorities.
California’s medical marijuana laws are intended to provide protection to those who are seriously ill and whose health would benefit from the use of medical marijuana.
However, California medical marijuana laws do not affect federal laws and there is no medical exception under federal law for the possession or distribution of marijuana. The Emeryville Police Department will exercise discretion to ensure laws are appropriately enforced without unreasonably burdening both those individuals protected under California law and public resources.
426.3 INVESTIGATION
Investigations involving the possession, delivery, production or use of marijuana generally fall into one of several categories:
(a) Investigations when no person makes a medicinal claim. (b) Investigations when a medicinal claim is made by a cardholder. (c) Investigations when a medicinal claim is made by a non-cardholder. 426.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM
In any investigation involving the possession, delivery, production or use of marijuana or drug paraphernalia where no person claims that the marijuana is used for medicinal purposes, the officer should proceed with a criminal investigation if the amount is greater than permitted for personal use under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1; Health and Safety Code § 11362.2). A medicinal defense may be raised at any time, so officers should document any statements and observations that may be relevant to whether the marijuana was possessed or produced for medicinal purposes. 426.3.2 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A CARDHOLDER A cardholder or designated primary caregiver in possession of an identification card shall not be arrested for possession, transportation, delivery or cultivation of medical marijuana at or below the statutory amount unless there is probable cause to believe that (Health and Safety Code § 11362.71; Health and Safety Code § 11362.78):
(a) The information contained in the card is false or falsified. (b) The card has been obtained or used by means of fraud. (c) The person is otherwise in violation of the provisions of the MMP. (d) The person possesses marijuana but not for personal medical purposes.
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Officers who reasonably believe that a person who does not have an identification card in his/her possession has been issued an identification card may treat the investigation as if the person had the card in his/her possession.
Cardholders may possess, transport, deliver or cultivate medical marijuana in amounts above the statutory amount if their doctor has concluded that the statutory amount does not meet the patient’s medical needs (Health and Safety Code § 11362.71; Health and Safety Code § 11362.77). Investigations involving cardholders with more than the statutory amount of marijuana should be addressed as provided in this policy for a case involving a medicinal claim made by a non-cardholder.
426.3.3 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A NONCARDHOLDER No patient or primary caregiver should be arrested for possession or cultivation of an amount of medical marijuana if the officer reasonably believes that marijuana is in a form and amount reasonably related to the qualified patient's current medical needs (Health and Safety Code § 11362.5). This arrest guidance also applies to sales, transportation or delivery of medical marijuana, or maintaining/renting a drug house or building that may be a nuisance if otherwise in compliance with MMP (Health and Safety Code § 11362.765).
Officers are not obligated to accept a person’s claim of having a physician’s recommendation when the claim cannot be readily verified with the physician but are expected to use their judgment to assess the validity of the person’s medical-use claim.
Officers should review any available written documentation for validity and whether it contains the recommending physician’s name, telephone number, address and medical license number for verification.
Officers should generally accept verified recommendations by a physician that statutory amounts do not meet the patient’s needs (Health and Safety Code § 11362.77). 426.3.4 ADDITIONAL CONSIDERATIONS
Officers should consider the following when investigating an incident involving marijuana possession, delivery, production, or use:
(a) Because enforcement of medical marijuana laws can be complex, time consuming, and call for resources unavailable at the time of initial investigation, officers may consider submitting a report to the prosecutor for review, in lieu of making an arrest.
This can be particularly appropriate when:
1. The suspect has been identified and can be easily located at a later time.
2. The case would benefit from review by a person with expertise in medical marijuana investigations.
3. Sufficient evidence, such as photographs or samples, has been lawfully obtained.
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4. Other relevant factors, such as available department resources and time constraints prohibit making an immediate arrest.
(b) Whenever the initial investigation reveals an amount of marijuana greater than the statutory amount, officers should consider the following when determining whether the form and amount is reasonably related to the patient’s needs:
1. The amount of marijuana recommended by a medical professional to be ingested.
2. The quality of the marijuana.
3. The method of ingestion (e.g., smoking, eating, nebulizer).
4. The timing of the possession in relation to a harvest (patient may be storing marijuana).
5. Whether the marijuana is being cultivated indoors or outdoors. (c) Before proceeding with enforcement related to collective gardens or dispensaries, officers should consider conferring with a supervisor, an applicable state regulatory agency or other member with special knowledge in this area, and/or appropriate legal counsel (Business and Professions Code § 26010; Business and Professions Code § 26060). Licensing, zoning, and other related issues can be complex. Patients, primary caregivers, and cardholders who collectively or cooperatively cultivate marijuana for medical purposes may be licensed or may have a defense in certain circumstances (Business and Professions Code § 26032; Business and Professions Code § 26033). (d) Investigating members should not order a patient to destroy marijuana plants under threat of arrest.
426.3.5 EXCEPTIONS
This policy does not apply to, and officers should consider taking enforcement action for the following:
(a) Persons who engage in illegal conduct that endangers others, such as driving under the influence of marijuana in violation of the Vehicle Code (Health and Safety Code § 11362.5).
(b) Marijuana possession in jails or other correctional facilities that prohibit such possession (Health and Safety Code § 11362.785).
(c) Smoking marijuana (Health and Safety Code § 11362.79):
1. In any place where smoking is prohibited by law.
2. In or within 1,000 feet of the grounds of a school, recreation center or youth center, unless the medical use occurs within a residence.
3. On a school bus.
4. While in a motor vehicle that is being operated.
5. While operating a boat.
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(d) Use of marijuana by a person on probation or parole, or on bail and use is prohibited by the terms of release (Health and Safety Code § 11362.795). 426.3.6 INVESTIGATIONS INVOLVING A STATE LICENSEE
No person issued a state license under the Business and Professions Code shall be arrested or cited for cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution or sale of medical cannabis or a medical cannabis product related to qualifying patients and primary caregivers when conducted lawfully. Whether conduct is lawful may involve questions of license classifications, local ordinances, specific requirements of the Business and Professions Code and adopted regulations. Officers should consider conferring with a supervisor, the applicable state agency or other member with special knowledge in this area and/ or appropriate legal counsel before taking enforcement action against a licensee or an employee or agent (Business and Professions Code § 26032).
426.4 FEDERAL LAW ENFORCEMENT
Officers should provide information regarding a marijuana investigation to federal law enforcement authorities when it is requested by federal law enforcement authorities or whenever the officer believes those authorities would have a particular interest in the information. 426.5 PROPERTY AND EVIDENCE BUREAU SUPERVISOR RESPONSIBILITIES The Property and Evidence Bureau supervisor should ensure that marijuana, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical marijuana is not destroyed pending any charges and without a court order. The Property and Evidence Bureau supervisor is not responsible for caring for live marijuana plants.
Upon the prosecutor’s decision to forgo prosecution, or the dismissal of charges or an acquittal, the Property and Evidence Bureau supervisor should, as soon as practicable, return to the person from whom it was seized any useable medical marijuana, plants, drug paraphernalia or other related property.
The Property and Evidence Bureau supervisor may release marijuana to federal law enforcement authorities upon presentation of a valid court order or by a written order of the Criminal Investigations Section supervisor.
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Bicycle Patrol Unit
427.1 PURPOSE AND SCOPE
The Emeryville Police Department has established the Bicycle Patrol Unit (BPU) for the purpose of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an effective way to increase officer visibility in congested areas and their quiet operation can provide a tactical approach to crimes in progress. The purpose of this policy is to provide guidelines for the safe and effective operation of the patrol bicycle.
427.2 POLICY
Patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control, or special events. The use of the patrol bicycle will emphasize their mobility and visibility to the community.
Bicycles may be deployed to any area at all hours of the day or night, according to Department needs and as staffing levels allow.
Requests for specific deployment of bicycle patrol officers shall be coordinated through the Bicycle Patrol Unit supervisor or the Watch Commander.
427.3 SELECTION OF PERSONNEL
Interested sworn personnel, who are off probation, shall submit a change of assignment request to their appropriate Division Captain . A copy will be forwarded to the BPU supervisor. Qualified applicants will then be invited to an oral interview. The oral board will consist of the BPU supervisor and second person to be selected by the BPU supervisor. Interested personnel shall be evaluated by the following criteria:
(a) Recognized competence and ability as evidenced by performance. (b) Special skills or training as it pertains to the assignment. (c) Good physical condition.
(d) Willingness to perform duties using the bicycle as a mode of transportation. 427.3.1 BICYCLE PATROL UNIT SUPERVISOR
The Bicycle Patrol Unit supervisor will be selected from the rank of sergeant by the Field Services Division Captain or his/her designee.
The Bicycle Patrol Unit supervisor shall have responsibility for the following:
(a) Organizing bicycle patrol training.
(b) Inspecting and maintaining inventory of patrol bicycles and program equipment. (c) Scheduling maintenance and repairs.
(d) Evaluating performance of bicycle officers.
(e) Coordinating activities with the Field Services Division.
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(f) Other activities as required to maintain the efficient operation of the Bicycle Patrol Unit. 427.4 TRAINING
Participants in the program must complete an initial Department approved bicycle-training course after acceptance into the program. Thereafter bicycle patrol officers should receive twice yearly in-service training to improve skills and refresh safety, health and operational procedures. The initial training shall minimally include the following:
• Bicycle patrol strategies.
• Bicycle safety and accident prevention.
• Operational tactics using bicycles.
Bicycle patrol officers will be required to qualify with their duty firearm while wearing bicycle safety equipment including the helmet and riding gloves.
427.5 UNIFORMS AND EQUIPMENT
Officers shall wear the department-approved uniform and safety equipment while operating the department bicycle. Safety equipment includes department-approved helmet, riding gloves, protective eyewear and approved footwear.
The bicycle patrol unit uniform consists of the standard short-sleeve uniform shirt or other department-approved shirt with department badge and patches, and department-approved bicycle patrol pants or shorts.
Optional equipment includes a radio head set and microphone, and jackets in colder weather.
Turtleneck shirts or sweaters are permitted when worn under the uniform shirt.
Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would on a regular patrol assignment.
Officers will be responsible for obtaining the necessary forms, citation books and other department equipment needed while on bicycle patrol.
427.6 CARE AND USE OF PATROL BICYCLES
Officers will be assigned a specially marked and equipped patrol bicycle, attached gear bag, two batteries and a charger.
Bicycles utilized for uniformed bicycle patrol shall have a "POLICE" decal affixed to each side of the crossbar or the bike's saddlebag. Every such bicycle shall be equipped with front and rear reflectors front lights and a siren/horn satisfying the requirements of Vehicle Code §2800.1(b).
Bicycles utilized for uniformed bicycle patrol shall be equipped with a rear rack and/or saddle bag(s) sufficient to carry all necessary equipment to handle routine patrol calls including report writing, vehicle storage and citations.
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Each bicycle gear bag shall include a first aid kit, tire pump, repair tool, tire tubeand security lock.
These items are to remain with/on the bicycle at all times.
Each bicycle shall be equipped with a steady or flashing blue warning light that is visible from the front, sides, or rear of the bicycle. (Vehicle Code § 21201.3) Bicycle officers shall conduct an inspection of the bicycle and equipment prior to use to insure proper working order of the equipment. Officers are responsible for the routine care and maintenance of their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning).
If a needed repair is beyond the ability of the bicycle officer, a repair work order will be completed and forwarded to the program supervisor for repair by an approved technician.
Each bicycle will have scheduled maintenance twice yearly to be performed by a department approved repair shop/technician.
At the end of a bicycle assignment, the bicycle shall be returned clean and ready for the next tour of duty.
Officers shall not modify the patrol bicycle, remove, modify or add components except with the expressed approval of the bicycle supervisor, or in the event of an emergency.
Vehicle bicycle racks are available should the officer need to transport the patrol bicycle. Due to possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car pushbumper is discouraged.
Bicycles should be properly secured when not in the officer's immediate presence. 427.7 OFFICER RESPONSIBILITY
Officers must operate the bicycle in compliance with the vehicle code under normal operation.
Officers may operate the bicycle without lighting equipment during hours of darkness when such operation reasonably appears necessary for officer safety and tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment.
Officers are exempt from the rules of the road under the following conditions (Vehicle Code § 21200(b)(1)):
(a) In response to an emergency call.
(b) While engaged in rescue operations.
(c) In the immediate pursuit of an actual or suspected violator of the law.
Policy
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Foot Pursuits
428.1 PURPOSE AND SCOPE
This policy provides guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot.
428.2 POLICY
It is the policy of this department when deciding to initiate or continue a foot pursuit that officers must continuously balance the objective of apprehending the suspect with the risk and potential for injury to department personnel, the public or the suspect.
Officers are expected to act reasonably, based on the totality of the circumstances. Absent exigent circumstances, the safety of department personnel and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued.Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and department personnel.
428.3 DECISION TO PURSUE
The safety of department members and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and department members.
Officers may be justified in initiating a foot pursuit of any individual the officer reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time.
Mere flight by a person who is not suspected of criminal activity shall not serve as justification for engaging in an extended foot pursuit without the development of reasonable suspicion regarding the individual’s involvement in criminal activity or being wanted by law enforcement.
Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits may place department members and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved.
If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an officer should continuously consider reasonable alternatives to a foot pursuit based upon the circumstances and resources available, such as:
(a) Containment of the area.
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(b) Saturation of the area with law enforcement personnel, including assistance from other agencies.
(c) A canine search.
(d) Thermal imaging or other sensing technology.
(e) Air support.
(f) Apprehension at another time when the identity of the suspect is known or there is information available that would likely allow for later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the foot pursuit.
428.4 GUIDELINES FOR FOOT PURSUIT
Unless the officer reasonably believes that exigent circumstances exist (e.g. a serious threat to the safety of personnel or members of the public), officers should consider alternatives to engaging in or continuing a foot pursuit under the following conditions:
(a) When directed by a supervisor to terminate the foot pursuit. Such an order shall be considered mandatory.
(b) When the officer is acting alone.
(c) When two or more officers become separated, lose visual contact with one another, or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort.
(d) The officer is unsure of his/her location and direction of travel. (e) When pursuing multiple suspects and the pursuing officers do not reasonably believe that they would be able to control the suspect should a confrontation occur. (f) When the physical condition of the officers renders them incapable of controlling the suspect if apprehended.
(g) When the officer loses radio contact with the Communications Center or with backup officers.
(h) When the suspect enters a building, structure, confined space or a wooded or otherwise isolated area and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the pursuit and coordinating containment pending the arrival of sufficient officers. (i) The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to officers or the public. (j) The officer reasonably believes that the danger to the pursuing officers or public outweighs the objective of immediate apprehension.
(k) The officer loses possession of his/her firearm or other essential equipment.
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(l) The officer or a third party is injured during the pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance. (m) The suspect's location is no longer definitely known. (n) The identity of the suspect is established or other information exists that will allow for the suspect's apprehension at a later time, and it reasonably appears that there is no immediate threat to department personnel or the public if the suspect is not immediately apprehended.
(o) The officer's ability to safely continue the pursuit is impaired by inclement weather, darkness or other conditions.
428.5 RESPONSIBILITIES IN FOOT PURSUITS
428.5.1 INITIATING OFFICER RESPONSIBILITIES
Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for coordinating the progress of the pursuit. When acting alone and when practicable, the initiating officer should not attempt to overtake and confront the suspect but should attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect.
Early communication of available information from the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion.
Officers initiating a foot pursuit should, at a minimum, broadcast the following information as soon as it becomes practicable and available:
(a) Location and direction of travel.
(b) Call sign identifier.
(c) Reason for the foot pursuit, such as the crime classification. (d) Number of suspects and description, to include name if known. (e) Whether the suspect is known or believed to be armed with a dangerous weapon.
Officers should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated.
Absent extenuating circumstances, any officer unable to promptly and effectively broadcast this information should terminate the foot pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources.
When a foot pursuit terminates, the officer will notify the dispatcher of his/her location and the status of the pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary, to include requesting medical aid as needed for officers, suspects or members of the public.
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428.5.2 ASSISTING OFFICER RESPONSIBILITIES
Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should minimize non-essential radio traffic to permit the involved officers maximum access to the radio frequency.
428.5.3 SUPERVISOR RESPONSIBILITIES
Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever possible; the supervisor does not, however, need not be physically present to exercise control over the foot pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is conducted within established department guidelines.
The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public appears to unreasonably outweigh the objective of immediate apprehension of the suspect.
Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point to direct the post-foot pursuit activity.
428.5.4 THE COMMUNICATIONS CENTER RESPONSIBILITIES
Upon notification or becoming aware that a foot pursuit is in progress, the dispatcher is responsible for:
(a) Clearing the radio channel of non-emergency traffic. (b) Coordinating pursuit communications of the involved officers. (c) Broadcasting pursuit updates as well as other pertinent information as necessary. (d) Ensuring that a field supervisor is notified of the foot pursuit. (e) Notifying and coordinating with other involved or affected agencies as practicable. (f) Notifying the Watch Commander as soon as practicable. (g) Assigning an event number and logging all pursuit activities. 428.6 REPORTING REQUIREMENTS
The initiating officer shall complete appropriate crime/arrest reports documenting, at minimum:
(a) Date and time of the foot pursuit.
(b) Initial reason and circumstances surrounding the foot pursuit. (c) Course and approximate distance of the foot pursuit. (d) Alleged offenses.
(e) Involved vehicles and officers.
(f) Whether a suspect was apprehended as well as the means and methods used.
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1. Any use of force shall be reported and documented in compliance with the Use of Force Policy.
(g) Arrestee information, if applicable.
(h) Any injuries and/or medical treatment.
(i) Any property or equipment damage.
(j) Name of the supervisor at the scene or who handled the incident.
Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed.
The supervisor reviewing the report will make a preliminary determination that the pursuit appears to be in compliance with this policy or that additional review and/or follow-up is warranted.
In any case in which a suspect is not apprehended and there is insufficient information to support further investigation, a supervisor may authorize that the initiating officer need not complete a formal report.
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Automated License Plate Readers (ALPRs)
429.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 429.2 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Emeryville Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Professional Services and Standards Division Captain. The Professional Services and Standards Division Captain will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. 429.2.1 ALPR ADMINISTRATOR
The Professional Services and Standards Captain shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq.This includes, but is not limited to Civil Code §1798.90.51; Civil Code §1798.90.53:
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the departments website.
429.3 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business.
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(b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
429.4 DATA COLLECTION AND RETENTION
The Professional Services and Standards Division Captain is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.
All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 429.5 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.
The Emeryville Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
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(c) ALPR system audits should be conducted on a regular basis.
For security or data breaches, see the Records Release and Maintenance Policy. 429.6 POLICY
The policy of the Emeryville Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.
All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 429.7 RELEASING ALPR DATA
The ALPR data may be not be shared with other law enforcement or prosecutorial agencies.
Requests for ALPR data by law enforcement agencies, non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55) and in accordance with other Public Records Act (PRA) or Freedom of Information Act (FOIA) laws.
429.8 TRAINING
The Professional Services Officer should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
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Public Recording of Law Enforcement Activity
430.1 PURPOSE AND SCOPE
This policy provides guidelines for handling situations in which members of the public photograph or audio/video record law enforcement actions and other public activities that involve members of this department. In addition, this policy provides guidelines for situations where the recordings may be evidence.
430.2 POLICY
The Emeryville Police Department recognizes the right of persons to lawfully record members of this department who are performing their official duties. Members of this department will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence of a crime or relevant to an investigation will only be collected or seized lawfully.
Officers should exercise restraint and should not resort to highly discretionary arrests for offenses such as interference, failure to comply or disorderly conduct as a means of preventing someone from exercising the right to record members performing their official duties. 430.3 RECORDING LAW ENFORCEMENT ACTIVITY
Members of the public who wish to record law enforcement activities are limited only in certain aspects.
(a) Recordings may be made from any public place or any private property where the individual has the legal right to be present (Penal Code § 69; Penal Code § 148). (b) Beyond the act of photographing or recording, individuals may not interfere with the law enforcement activity. Examples of interference include, but are not limited to:
1. Tampering with a witness or suspect.
2. Inciting others to violate the law.
3. Being so close to the activity as to present a clear safety hazard to the officers.
4. Being so close to the activity as to interfere with an officer’s effective communication with a suspect or witness.
(c) The individual may not present an undue safety risk to the officers, him/herself or others.
430.4 OFFICER RESPONSE
Officers should promptly request that a supervisor respond to the scene whenever it appears that anyone recording activities may be interfering with an investigation or it is believed that the recording may be evidence. If practicable, officers should wait for the supervisor to arrive before taking enforcement action or seizing any cameras or recording media.
Whenever practicable, officers or supervisors should give clear and concise warnings to individuals who are conducting themselves in a manner that would cause their recording or Emeryville Police Department
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behavior to be unlawful. Accompanying the warnings should be clear directions on what an individual can do to be compliant; directions should be specific enough to allow compliance. For example, rather than directing an individual to clear the area, an officer could advise the person that he/she may continue observing and recording from the sidewalk across the street.
If an arrest or other significant enforcement activity is taken as the result of a recording that interferes with law enforcement activity, officers shall document in a report the nature and extent of the interference or other unlawful behavior and the warnings that were issued. 430.5 SUPERVISOR RESPONSIBILITIES
A supervisor should respond to the scene when requested or any time the circumstances indicate a likelihood of interference or other unlawful behavior.
The supervisor should review the situation with the officer and:
(a) Request any additional assistance as needed to ensure a safe environment. (b) Take a lead role in communicating with individuals who are observing or recording regarding any appropriate limitations on their location or behavior. When practical, the encounter should be recorded.
(c) When practicable, allow adequate time for individuals to respond to requests for a change of location or behavior.
(d) Ensure that any enforcement, seizure or other actions are consistent with this policy and constitutional and state law.
(e) Explain alternatives for individuals who wish to express concern about the conduct of Department members, such as how and where to file a complaint. 430.6 SEIZING RECORDINGS AS EVIDENCE
Officers should not seize recording devices or media unless (42 USC § 2000aa):
(a) There is probable cause to believe the person recording has committed or is committing a crime to which the recording relates, and the recording is reasonably necessary for prosecution of the person.
1. Absent exigency or consent, a warrant should be sought before seizing or viewing such recordings. Reasonable steps may be taken to prevent erasure of the recording.
(b) There is reason to believe that the immediate seizure of such recordings is necessary to prevent serious bodily injury or death of any person. (c) The person consents.
1. To ensure that the consent is voluntary, the request should not be made in a threatening or coercive manner.
2. If the original recording is provided, a copy of the recording should be provided to the recording party, if practicable. The recording party should be permitted to be present while the copy is being made, if feasible. Another way to obtain the Emeryville Police Department
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evidence is to transmit a copy of the recording from a device to a departmentowned device.
Recording devices and media that are seized will be submitted within the guidelines of the Property and Evidence Policy.
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Homeless Persons
431.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide officers during all contacts with the homeless, whether consensual or for enforcement purposes. The Emeryville Police Department recognizes that members of the homeless community are often in need of special protection and services.
The Emeryville Police Department will address these needs in balance with the overall mission of this department. Therefore, officers will consider the following when serving the homeless community.
431.2 POLICY
It is the policy of the Emeryville Police Department to provide law enforcement services to all members of the community, while protecting the rights, dignity and private property of the homeless. Homelessness is not a crime and members of this department will not use homelessness solely as a basis for detention or law enforcement action. 431.3 HOMELESS COMMUNITY LIAISON
The Chief of Police will designate a member of this department to act as the Homeless Liaison Officer. The responsibilities of the Homeless Liaison Officer include the following:
(a) Maintain and make available to all department employees a list of assistance programs and other resources that are available to the homeless. (b) Meet with social services and representatives of other organizations that render assistance to the homeless.
(c) Maintain a list of the areas within and near this jurisdiction that are used as frequent homeless encampments.
(d) Remain abreast of laws dealing with the removal and/or destruction of the personal property of the homeless. This will include:
1. Proper posting of notices of trespass and clean-up operations.
2. Proper retention of property after clean-up, to include procedures for owners to reclaim their property in accordance with the Property and Evidence Policy and other established procedures.
(e) Be present when requested and available during any clean-up operation conducted by this department involving the removal of personal property of the homeless to ensure that the rights of the homeless are not violated.
(f) Develop training to assist officers in understanding current legal and social issues relating to the homeless.
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431.4 FIELD CONTACTS
Officers are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a non-violent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest.
Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate. 431.4.1 OTHER CONSIDERATIONS
Homeless members of the community will receive the same level and quality of service provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects:
(a) Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends.
(b) Document places the homeless person may frequent.
(c) Provide homeless victims with victim/witness resources when appropriate. (d) Obtain statements from all available witnesses in the event that a homeless victim is unavailable for a court appearance.
(e) Consider whether the person may be a dependent adult or elder, and if so, proceed in accordance with the Senior and Disability Victimization Policy. (f) Arrange for transportation for investigation-related matters, such as medical exams and court appearances.
(g) Consider whether a crime should be reported and submitted for prosecution, even when a homeless victim indicates that he/she does not desire prosecution. 431.5 PERSONAL PROPERTY
The personal property of homeless persons must not be treated differently than the property of other members of the public. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person.
When a homeless person is arrested or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, the personal property should be collected for safekeeping. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a supervisor should be consulted. The property should be photographed and measures should be Emeryville Police Department
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taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the removal and safekeeping of the property.
Officers should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor or the department Homeless Liaison Officer. When practicable, requests by the public for clean-up of a homeless encampment should be referred to the Homeless Liaison Officer.
Officers who encounter unattended encampments, bedding or other personal property in public areas that reasonably appears to belong to a homeless person should not remove or destroy such property and should inform the department Homeless Liaison Officer if such property appears to involve a trespass, blight to the community or is the subject of a complaint. It will be the responsibility of the Homeless Liaison Officer to address the matter in a timely fashion. 431.6 MENTAL ILLNESS AND MENTAL IMPAIRMENT
Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall not detain a homeless person under a mental illness commitment unless facts and circumstances warrant such a detention (see the Crisis Intervention Incidents Policy).
When a mental illness hold is not warranted, the contacting officer should provide the homeless person with contact information for mental health assistance as appropriate. In these circumstances, officers may provide transportation to a mental health specialist if requested by the person and approved by a supervisor.
431.7 ECOLOGICAL ISSUES
Sometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification.
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Crisis Intervention Incidents
432.1 PURPOSE AND SCOPE
This policy provides guidelines for interacting with those who may be experiencing a mental health or emotional crisis. Interaction with such individuals has the potential for miscommunication and violence. It often requires an officer to make difficult judgments about a person’s mental state and intent in order to effectively and legally interact with the individual. 432.1.1 DEFINITIONS
Definitions related to this policy include:
Person in crisis - A person whose level of distress or mental health symptoms have exceeded the person’s internal ability to manage his/her behavior or emotions. A crisis can be precipitated by any number of things, including an increase in the symptoms of mental illness despite treatment compliance; non-compliance with treatment, including a failure to take prescribed medications appropriately; or any other circumstance or event that causes the person to engage in erratic, disruptive or dangerous behavior that may be accompanied by impaired judgment. 432.2 POLICY
The Emeryville Police Department is committed to providing a consistently high level of service to all members of the community and recognizes that persons in crisis may benefit from intervention.
The Department will collaborate, where feasible, with mental health professionals to develop an overall intervention strategy to guide its members’ interactions with those experiencing a mental health crisis. This is to ensure equitable and safe treatment of all involved. 432.3 SIGNS
Members should be alert to any of the following possible signs of mental health issues or crises:
(a) A known history of mental illness
(b) Threats of or attempted suicide
(c) Loss of memory
(d) Incoherence, disorientation or slow response
(e) Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas (f) Depression, pronounced feelings of hopelessness or uselessness, extreme sadness or guilt
(g) Social withdrawal
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Members should be aware that this list is not exhaustive. The presence or absence of any of these should not be treated as proof of the presence or absence of a mental health issue or crisis. 432.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS
The Chief of Police should designate an appropriate Division Captain to collaborate with mental health professionals to develop an education and response protocol. It should include a list of community resources, to guide department interaction with those who may be suffering from mental illness or who appear to be in a mental health crisis. 432.5 FIRST RESPONDERS
Safety is a priority for first responders. It is important to recognize that individuals under the influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a mental health crisis. These individuals may still present a serious threat to officers; such a threat should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an officer’s authority to use reasonable force when interacting with a person in crisis.
Officers are reminded that mental health issues, mental health crises and unusual behavior alone are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration.
An officer responding to a call involving a person in crisis should:
(a) Promptly assess the situation independent of reported information and make a preliminary determination regarding whether a mental health crisis may be a factor. (b) Request available backup officers and specialized resources as deemed necessary and, if it is reasonably believed that the person is in a crisis situation, use conflict resolution and de-escalation techniques to stabilize the incident as appropriate. (c) If feasible, and without compromising safety, turn off flashing lights, bright lights or sirens.
(d) Attempt to determine if weapons are present or available.
1. Prior to making contact, and whenever possible and reasonable, conduct a search of the Department of Justice Automated Firearms System via the California Law Enforcement Telecommunications System (CLETS) to determine whether the person is the registered owner of a firearm (Penal Code § 11106.4). (e) Take into account the person’s mental and emotional state and potential inability to understand commands or to appreciate the consequences of his/her action or inaction, as perceived by the officer.
(f) Secure the scene and clear the immediate area as necessary. (g) Employ tactics to preserve the safety of all participants. (h) Determine the nature of any crime.
(i) Request a supervisor, as warranted.
(j) Evaluate any available information that might assist in determining cause or motivation for the person’s actions or stated intentions.
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(k) If circumstances reasonably permit, consider and employ alternatives to force. 432.6 DE-ESCALATION
Officers should consider that taking no action or passively monitoring the situation may be the most reasonable response to a mental health crisis.
Once it is determined that a situation is a mental health crisis and immediate safety concerns have been addressed, responding members should be aware of the following considerations and should generally:
• Evaluate safety conditions.
• Introduce themselves and attempt to obtain the person’s name. • Be patient, polite, calm, courteous and avoid overreacting. • Speak and move slowly and in a non-threatening manner. • Moderate the level of direct eye contact.
• Remove distractions or disruptive people from the area. • Demonstrate active listening skills (e.g., summarize the person’s verbal communication).
• Provide for sufficient avenues of retreat or escape should the situation become volatile.
Responding officers generally should not:
• Use stances or tactics that can be interpreted as aggressive. • Allow others to interrupt or engage the person.
• Corner a person who is not believed to be armed, violent or suicidal. • Argue, speak with a raised voice or use threats to obtain compliance. 432.7 INCIDENT ORIENTATION
When responding to an incident that may involve mental illness or a mental health crisis, the officer should request that the dispatcher provide critical information as it becomes available. This includes:
(a) Whether the person relies on drugs or medication, or may have failed to take his/her medication.
(b) Whether there have been prior incidents, suicide threats/attempts, and whether there has been previous police response.
(c) Contact information for a treating physician or mental health professional.
Additional resources and a supervisor should be requested as warranted.
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432.8 SUPERVISOR RESPONSIBILITIES
A supervisor should respond to the scene of any interaction with a person in crisis. Responding supervisors should:
(a) Attempt to secure appropriate and sufficient resources. (b) Closely monitor any use of force, including the use of restraints, and ensure that those subjected to the use of force are provided with timely access to medical care (see the Handcuffing and Restraints Policy).
(c) Consider strategic disengagement. Absent an imminent threat to the public and, as circumstances dictate, this may include removing or reducing law enforcement resources or engaging in passive monitoring.
(d) Ensure that all reports are completed and that incident documentation uses appropriate terminology and language.
(e) Conduct an after-action tactical and operational debriefing, and prepare an after-action evaluation of the incident to be forwarded to the Division Captain.
Evaluate whether a critical incident stress management debriefing for involved members is warranted.
432.9 INCIDENT REPORTING
Members engaging in any oral or written communication associated with a mental health crisis should be mindful of the sensitive nature of such communications and should exercise appropriate discretion when referring to or describing persons and circumstances.
Members having contact with a person in crisis should keep related information confidential, except to the extent that revealing information is necessary to conform to department reporting procedures or other official mental health or medical proceedings. 432.9.1 DIVERSION
Individuals who are not being arrested should be processed in accordance with the Mental Illness Commitments Policy.
432.10 CIVILIAN INTERACTION WITH PEOPLE IN CRISIS
Civilian members may be required to interact with persons in crisis in an administrative capacity, such as dispatching, records request, and animal control issues. (a) Members should treat all individuals equally and with dignity and respect. (b) If a member believes that he/she is interacting with a person in crisis, he/she should proceed patiently and in a calm manner.
(c) Members should be aware and understand that the person may make unusual or bizarre claims or requests.
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may be harmful to him/herself or others, an officer should be promptly summoned to provide assistance.
432.11 EVALUATION
The Division Captaindesignated to coordinate the crisis intervention strategy for this department should ensure that a thorough review and analysis of the department response to these incidents is conducted annually. The report will not include identifying information pertaining to any involved individuals, officers or incidents and will be submitted to the Chief of Police through the chain of command.
432.12 TRAINING
In coordination with the mental health community and appropriate stakeholders, the Department will develop and provide comprehensive education and training to all department members to enable them to effectively interact with persons in crisis.
This department will endeavor to provide Peace Officer Standards and Training (POST)-approved advanced officer training on interaction with persons with mental disabilities, welfare checks and crisis intervention (Penal Code § 11106.4; Penal Code § 13515.25; Penal Code § 13515.27; Penal Code § 13515.30).
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Suspicious Activity Reporting
433.1 PURPOSE AND SCOPE
This policy provides guidelines for reporting and investigating suspicious and criminal activity. 433.1.1 DEFINITIONS
Definitions related to this policy include:
Involved party - An individual who has been observed engaging in suspicious activity, as defined in this policy, when no definitive criminal activity can be identified, thus precluding the person’s identification as a suspect.
Suspicious activity - Any reported or observed activity that a member reasonably believes may have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism.
Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability should not be considered as factors that create suspicion (although these factors may be used as specific suspect descriptions). Examples of suspicious activity may include but are not limited to:
• Suspected pre-operational surveillance or intelligence gathering (e.g., photographing security features, asking questions about sensitive security-related subjects). • Tests of security measures and response to incidents (e.g., “dry run,” creating false alarms, attempts to enter secure areas without authorization). • Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such as fertilizer, that could be used to create an explosive or other dangerous device). • An individual in possession of such things as a hoax explosive or dispersal device, sensitive materials (e.g., passwords, access codes, classified government information), or coded or ciphered literature or correspondence.
Miscellaneous Activity Report (MAR) - An incident report used to document suspicious activity. 433.2 POLICY
The Emeryville Police Department recognizes the need to protect the public from criminal conduct and acts of terrorism and shall lawfully collect, maintain and disseminate information regarding suspicious activities, while safeguarding civil liberties and privacy protections. 433.3 RESPONSIBILITIES
The Professional Services and Standards Division Captain and authorized designees will manage Miscellaneous Activity Report (MAR) activities. Authorized designees should include supervisors who are responsible for department participation in criminal intelligence systems as outlined in the Criminal Organizations Policy.
The responsibilities of the Professional Services and Standards Division Captain include, but are not limited to:
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(a) Remaining familiar with those databases available to the Department that would facilitate the purpose of this policy.
(b) Maintaining adequate training in the area of intelligence gathering to ensure no information is being maintained that would violate the law or civil rights of any individual.
(c) Ensuring a process is available that would allow members to report relevant information. The process should be designed to promote efficient and quick reporting, and should not be cumbersome, duplicative or complicated. (d) Ensuring that members are made aware of the purpose and value of documenting information regarding suspicious activity, as well as the databases and other information resources that are available to the Department. (e) Ensuring that MAR information is appropriately disseminated to members in accordance with their job responsibilities.
(f) Coordinating investigative follow-up, if appropriate. (g) Coordinating with any appropriate agency or fusion center. (h) Ensuring that, as resources are available, the Department conducts outreach that is designed to encourage members of the community to report suspicious activity and that outlines what they should look for and how they should report it (e.g., website, public service announcements).
433.4 REPORTING AND INVESTIGATION
Any department member receiving information regarding suspicious activity should take any necessary immediate and appropriate action, including a request for tactical response or immediate notification of specialized entities, when applicable. Any civilian member who receives such information should ensure that it is passed on to an officer in a timely manner.
If the suspicious activity is not directly related to a reportable crime, the member should prepare a MAR and include information about involved parties and the circumstances of the incident. If, during any investigation, an officer becomes aware of suspicious activity that is unrelated to the current investigation, the information should be documented separately in a MAR and not included in the original incident report. The report number of the original incident should be included in the MAR as a cross reference. A MAR should be processed as any other incident report. 433.5 HANDLING INFORMATION
The Records Section will forward copies of miscellaneous reports , in a timely manner, to the following:
• Criminal Investigations Section Sergeant
• Crime Analysis Unit
• Other authorized designees
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Civil Disputes
434.1 PURPOSE AND SCOPE
This policy provides members of the Emeryville Police Department with guidance for addressing conflicts between persons when no criminal investigation or enforcement action is warranted (e.g., civil matters), with the goal of minimizing any potential for violence or criminal acts.
The Domestic Violence Policy will address specific legal mandates related to domestic violence court orders. References in this policy to “court orders” apply to any order of a court that does not require arrest or enforcement by the terms of the order or by California law. 434.2 POLICY
The Emeryville Police Department recognizes that a law enforcement presence at a civil dispute can play an important role in the peace and safety of the community. Subject to available resources, members of this department will assist at the scene of civil disputes with the primary goal of safeguarding persons and property, preventing criminal activity and maintaining the peace.
When handling civil disputes, members will remain impartial, maintain a calm presence, give consideration to all sides and refrain from giving legal or inappropriate advice. 434.3 GENERAL CONSIDERATIONS
When appropriate, members handling a civil dispute should encourage the involved parties to seek the assistance of resolution services or take the matter to the civil courts. Members must not become personally involved in disputes and shall at all times remain impartial.
While not intended to be an exhaustive list, members should give considerations to the following when handling civil disputes:
(a) Civil disputes tend to be confrontational and members should be alert that they can escalate to violence very quickly. De-escalation techniques should be used when appropriate.
(b) Members should not dismiss alleged or observed criminal violations as a civil matter and should initiate the appropriate investigation and report when criminal activity is apparent.
(c) Members shall not provide legal advice, however, when appropriate, members should inform the parties when they are at risk of violating criminal laws. (d) Members are reminded that they shall not enter a residence or other non-public location without legal authority including valid consent. (e) Members should not take an unreasonable amount of time assisting in these matters and generally should contact a supervisor if it appears that peacekeeping efforts longer than 30 minutes are warranted.
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434.4 COURT ORDERS
Disputes involving court orders can be complex. Where no mandate exists for an officer to make an arrest for a violation of a court order, the matter should be addressed by documenting any apparent court order violation in a report. If there appears to be a more immediate need for enforcement action, the investigating officer should consult a supervisor prior to making any arrest.
If a person appears to be violating the terms of a court order but is disputing the validity of the order or its applicability, the investigating officer should document the following:
(a) The person’s knowledge of the court order or whether proof of service exists. (b) Any specific reason or rationale the involved person offers for not complying with the terms of the order.
A copy of the court order should be attached to the report when available. The report should be forwarded to the appropriate prosecutor.
434.4.1 STANDBY REQUESTS
Officers responding to a call for standby assistance to retrieve property should meet the person requesting assistance at a neutral location to discuss the process. The person should be advised that items that are disputed will not be allowed to be removed. The member may advise the person to seek private legal advice as to the distribution of disputed property.
Members should accompany the person to the location of the property. Members should ask if the other party will allow removal of the property or whether the other party would remove the property.
If the other party is uncooperative, the person requesting standby assistance should be instructed to seek private legal advice and obtain a court order to obtain the items. Officers should not order the other party to allow entry or the removal of any items. If there is a restraining or similar order against the person requesting standby assistance, that person should be asked to leave the scene or they may be subject to arrest for violation of the order.
If the other party is not present at the location, the member will not allow entry into the location or the removal of property from the location.
434.5 VEHICLES AND PERSONAL PROPERTY
Officers may be faced with disputes regarding possession or ownership of vehicles or other personal property. Officers may review documents provided by parties or available databases (e.g., vehicle registration), but should be aware that legal possession of vehicles or personal property can be complex. Generally, officers should not take any enforcement action unless a crime is apparent. The people and the vehicle or personal property involved should be identified and the incident documented.
434.6 REAL PROPERTY
Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should generally be handled through a person seeking a court order.
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First Amendment Assemblies
435.1 PURPOSE AND SCOPE
This policy provides guidance for responding to public assemblies or demonstrations. 435.2 POLICY
The Emeryville Police Department respects the rights of people to peaceably assemble. It is the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property. 435.3 GENERAL CONSIDERATIONS
Individuals or groups present on the public way, such as public facilities, streets or walkways, generally have the right to assemble, rally, demonstrate, protest or otherwise express their views and opinions through varying forms of communication, including the distribution of printed matter.
These rights may be limited by laws or ordinances regulating such matters as the obstruction of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and leafleting, and loitering. However, officers shall not take action or fail to take action based on the opinions being expressed.
Participant behavior during a demonstration or other public assembly can vary. This may include, but is not limited to:
• Lawful, constitutionally protected actions and speech. • Civil disobedience (typically involving minor criminal acts). • Rioting.
All of these behaviors may be present during the same event. Therefore, it is imperative that law enforcement actions are measured and appropriate for the behaviors officers may encounter. This is particularly critical if force is being used. Adaptable strategies and tactics are essential. The purpose of a law enforcement presence at the scene of public assemblies and demonstrations should be to preserve the peace, to protect life and prevent the destruction of property.
Officers should not:
(a) Engage in assembly or demonstration-related discussion with participants. (b) Harass, confront or intimidate participants.
(c) Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest.
Supervisors should continually observe department members under their commands to ensure that members’ interaction with participants and their response to crowd dynamics is appropriate.
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435.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS
Photographsand video recording, when appropriate, can serve a number of purposes, including support of criminal prosecutions by documenting criminal acts; assistance in evaluating department performance; serving as training material; recording the use of dispersal orders; and facilitating a response to allegations of improper law enforcement conduct.
Photographs and videos will not be used or retained for the sole purpose of collecting or maintaining information about the political, religious or social views of associations, or the activities of any individual, group, association, organization, corporation, business or partnership, unless such information directly relates to an investigation of criminal activities and there is reasonable suspicion that the subject of the information is involved in criminal conduct. 435.4 UNPLANNED EVENTS
When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including, but not limited to, the following:
• Location
• Number of participants
• Apparent purpose of the event
• Leadership (whether it is apparent and/or whether it is effective) • Any initial indicators of unlawful or disruptive activity • Indicators that lawful use of public facilities, streets or walkways will be impacted • Ability and/or need to continue monitoring the incident Initial assessment information should be promptly communicated to the Communications Center, and the assignment of a supervisor should be requested. Additional resources should be requested as appropriate. The responding supervisor shall assume command of the incident until command is expressly assumed by another, and the assumption of command is communicated to the involved members. A clearly defined command structure that is consistent with the Incident Command System (ICS) should be established as resources are deployed. 435.5 PLANNED EVENT PREPARATION
For planned events, comprehensive, incident-specific operational plans should be developed. The ICS should be considered for such events.
435.5.1 INFORMATION GATHERING AND ASSESSMENT
In order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted. This may include:
• Information obtained from outreach to group organizers or leaders. • Information about past and potential unlawful conduct associated with the event or similar events.
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• The potential time, duration, scope, and type of planned activities. • Any other information related to the goal of providing a balanced response to criminal activity and the protection of public safety interests.
Information should be obtained in a transparent manner, and the sources documented. Relevant information should be communicated to the appropriate parties in a timely manner.
Information will be obtained in a lawful manner and will not be based solely on the purpose or content of the assembly or demonstration, or actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability of the participants (or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject). 435.5.2 OPERATIONAL PLANS
An operational planning team with responsibility for event planning and management should be established. The planning team should develop an operational plan for the event.
The operational plan will minimally provide for:
(a) Command assignments, chain of command structure, roles and responsibilities. (b) Staffing and resource allocation.
(c) Management of criminal investigations.
(d) Designation of uniform of the day and related safety equipment (e.g., helmets, shields). (e) Deployment of specialized resources.
(f) Event communications and interoperability in a multijurisdictional event. (g) Liaison with demonstration leaders and external agencies. (h) Liaison with City government and legal staff.
(i) Media relations.
(j) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation. (k) Traffic management plans.
(l) First aid and emergency medical service provider availability. (m) Prisoner transport and detention.
(n) Review of policies regarding public assemblies and use of force in crowd control. (o) Parameters for declaring an unlawful assembly.
(p) Arrest protocol, including management of mass arrests. (q) Protocol for recording information flow and decisions. (r) Rules of engagement, including rules of conduct, protocols for field force extraction and arrests, and any authorization required for the use of force. (s) Protocol for handling complaints during the event.
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(t) Parameters for the use of body-worn cameras and other portable recording devices. 435.5.3 MUTUAL AID AND EXTERNAL RESOURCES
The magnitude and anticipated duration of an event may necessitate interagency cooperation and coordination. The assigned Incident Commander should ensure that any required memorandums of understanding or other agreements are properly executed, and that any anticipated mutual aid is requested and facilitated (see the Mutual Aid and Outside Agency Assistance Policy). 435.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS
If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event.
Should the Incident Commander make a determination that public safety is presently or is about to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisements may be communicated through established communications links with leaders and/or participants or to the group.
When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the authorized designee should make a clear standardized announcement to the gathering that the event is an unlawful assembly, and should order the dispersal of the participants. The announcement should be communicated by whatever methods are reasonably available to ensure that the content of the message is clear and that it has been heard by the participants. The announcement should be amplified, made in different languages as appropriate, made from multiple locations in the affected area and documented by audio and video. The announcement should provide information about what law enforcement actions will take place if illegal behavior continues and should identify routes for egress. A reasonable time to disperse should be allowed following a dispersal order.
435.7 USE OF FORCE
Use of force is governed by current department policy and applicable law (see the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies).
Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to comply with lawful orders, the Incident Commander shall evaluate the type of resistance and adopt a reasonable response in order to accomplish the law enforcement mission (such as dispersal or arrest of those acting in violation of the law). Control devices and Conducted Energy Devices should be considered only when the participants’ conduct reasonably appears to present the potential to harm officers, themselves or others, or will result in substantial property loss or damage (see the Control Devices and Techniques and the Conducted Energy Device policies).
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Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due to extreme circumstances, such as a riotous crowd.
Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report. The type of report required may depend on the nature of the incident.
435.8 ARRESTS
The Emeryville Police Department should respond to unlawful behavior in a manner that is consistent with the operational plan. If practicable, warnings or advisements should be communicated prior to arrest.
Mass arrests should be employed only when alternate tactics and strategies have been, or reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the order of the Incident Commander or the authorized designee. There must be probable cause for each arrest.
If employed, mass arrest protocols should fully integrate:
(a) Reasonable measures to address the safety of officers and arrestees. (b) Dedicated arrest, booking and report writing teams. (c) Timely access to medical care.
(d) Timely access to legal resources.
(e) Timely processing of arrestees.
(f) Full accountability for arrestees and evidence.
(g) Coordination and cooperation with the prosecuting authority, jail and courts (see the Cite and Release Policy).
435.9 MEDIA RELATIONS
The Press Information Officer should use all available avenues of communication, including press releases, briefings, press conferences, and social media to maintain open channels of communication with media representatives and the public about the status and progress of the event, taking all opportunities to reassure the public about the professional management of the event (see the Media Relations Policy).
435.9.1 MEDIA ACCESS
If officers close the immediate area surrounding any emergency field command post or any other command post, or establish a police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged in a protected activity pursuant to the First Amendment, officers shall comply with the requirements of Penal Code § 409.7 relating to media access (i.e., access to closed areas, obtaining information) (Penal Code § 409.7).
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435.10 DEMOBILIZATION
When appropriate, the Incident Commander or the authorized designee should implement a phased and orderly withdrawal of law enforcement resources. All relieved personnel should promptly complete any required reports, including use of force reports, and account for all issued equipment and vehicles to their supervisors prior to returning to normal operational duties. 435.11 POST EVENT
The Incident Commander should designate a member to assemble full documentation of the event, to include the following:
(a) Operational plan
(b) Any incident logs
(c) Any assignment logs
(d) Vehicle, fuel, equipment and supply records
(e) Incident, arrest, use of force, injury and property damage reports (f) Photographs, audio/video recordings, the Communications Center records/tapes (g) Media accounts (print and broadcast media)
435.11.1 AFTER-ACTION REPORTING
The Incident Commander should work with City legal counsel, as appropriate, to prepare a comprehensive after-action report of the event, explaining all incidents where force was used including the following:
(a) Date, time and description of the event
(b) Actions taken and outcomes (e.g., injuries, property damage, arrests) (c) Problems identified
(d) Significant events
(e) Recommendations for improvement; opportunities for training should be documented in a generic manner, without identifying individuals or specific incidents, facts or circumstances.
435.12 TRAINING
Department members should receive periodic training regarding this policy, as well as the dynamics of crowd control and incident management (Penal Code § 13514.5). The Department should, when practicable, train with its external and mutual aid partners.
Officers should also receive periodic training on the standards for the use of kinetic energy projectiles and chemical agents for crowd control purposes as identified in Penal Code § 13652.
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435.13 USE OF KINETIC ENERGY PROJECTILES AND CHEMICAL AGENTS FOR
CROWD CONTROL
Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including an officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (Penal Code § 13652).
435.13.1 USE SUMMARY
The Field Services Division Captain or the authorized designee should ensure that a summary of each deployment of kinetic energy projectiles or chemical agents for crowd control purposes is prepared and published on the department website within 60 days of each incident. The time frame may be extended for another 30 days where just cause is demonstrated, but no longer than 90 days from the time of the incident. The summary shall be limited to the information known to the Department at the time of the report and include the information required in Penal Code § 13652.1.
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Medical Aid and Response
436.1 PURPOSE AND SCOPE
This policy recognizes that members often encounter persons in need of medical aid and establishes a law enforcement response to such situations. 436.2 POLICY
It is the policy of the Emeryville Police Department that all officers and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response. 436.3 FIRST RESPONDING MEMBER RESPONSIBILITIES
Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g., first aid, CPR, use of an automated external defibrillator (AED)) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so.
Prior to initiating medical aid, the member should contact the Communications Center and request response by Emergency Medical Services (EMS) as the member deems appropriate.
Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy.
Members should use a barrier or bag device to perform rescue breathing.
When requesting EMS, the member should provide the Communications Center with information for relay to EMS personnel in order to enable an appropriate response, including:
(a) The location where EMS is needed.
(b) The nature of the incident.
(c) Any known scene hazards.
(d) Information on the person in need of EMS, such as:
1. Signs and symptoms as observed by the member.
2. Changes in apparent condition.
3. Number of patients, sex, and age, if known.
4. Whether the person is conscious, breathing, and alert, or is believed to have consumed drugs or alcohol.
5. Whether the person is showing signs or symptoms of excited delirium or other agitated chaotic behavior.
Members should stabilize the scene whenever practicable while awaiting the arrival of EMS.
Members should not direct EMS personnel whether to transport the person for treatment.
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436.4 TRANSPORTING ILL AND INJURED PERSONS
Except in extraordinary cases where alternatives are not reasonably available, members should not transport persons who are unconscious, who have serious injuries or who may be seriously ill. EMS personnel should be called to handle patient transportation.
Officers should search any person who is in custody before releasing that person to EMS for transport.
An officer should accompany any person in custody during transport in an ambulance when requested by EMS personnel, when it reasonably appears necessary to provide security, when it is necessary for investigative purposes or when so directed by a supervisor.
Members should not provide emergency escort for medical transport or civilian vehicles. 436.5 PERSONS REFUSING EMS CARE
If a person who is not in custody refuses EMS care or refuses to be transported to a medical facility, an officer shall not force that person to receive care or be transported. However, members may assist EMS personnel when EMS personnel determine the person lacks mental capacity to understand the consequences of refusing medical care or to make an informed decision and the lack of immediate medical attention may result in serious bodily injury or the death of the person.
In cases where mental illness may be a factor, the officer should consider proceeding with a 72- hour treatment and evaluation commitment (5150 commitment) process in accordance with the Mental Illness Commitments Policy.
If an officer believes that a person who is in custody requires EMS care and the person refuses, he/she should encourage the person to receive medical treatment. The officer may also consider contacting a family member to help persuade the person to agree to treatment or who may be able to authorize treatment for the person.
If the person who is in custody still refuses, the officer will require the person to be transported to the nearest medical facility. In such cases, the officer should consult with a supervisor prior to the transport.
Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for treatment.
436.6 MEDICAL ATTENTION RELATED TO USE OF FORCE
Specific guidelines for medical attention for injuries sustained from a use of force may be found in the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies.
436.7 AIR AMBULANCE
Generally, when on-scene, EMS personnel will be responsible for determining whether an air ambulance response should be requested. An air ambulance may be appropriate when there are Emeryville Police Department
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victims with life-threatening injuries or who require specialized treatment (e.g., gunshot wounds, burns, obstetrical cases), and distance or other known delays will affect the EMS response.
The Field Services Division Captain should develop guidelines for air ambulance landings or enter into local operating agreements for the use of air ambulances, as applicable. In creating those guidelines, the Department should identify:
• Responsibility and authority for designating a landing zone and determining the size of the landing zone.
• Responsibility for securing the area and maintaining that security once the landing zone is identified.
• Consideration of the air ambulance provider’s minimum standards for proximity to vertical obstructions and surface composition (e.g., dirt, gravel, pavement, concrete, grass).
• Consideration of the air ambulance provider’s minimum standards for horizontal clearance from structures, fences, power poles, antennas or roadways. • Responsibility for notifying the appropriate highway or transportation agencies if a roadway is selected as a landing zone.
• Procedures for ground personnel to communicate with flight personnel during the operation.
One department member at the scene should be designated as the air ambulance communications contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance.
Members should direct vehicle and pedestrian traffic away from the landing zone.
Members should follow these cautions when near an air ambulance:
• Never approach the aircraft until signaled by the flight crew. • Always approach the aircraft from the front.
• Avoid the aircraft’s tail rotor area.
• Wear eye protection during landing and take-off.
• Do not carry or hold items, such as IV bags, above the head. • Ensure that no one smokes near the aircraft.
436.8 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE
A member may use an AED only after receiving appropriate training from an approved public safety first aid and CPR course (22 CCR 100014; 22 CCR 100017; 22 CCR 100018). 436.8.1 AED USER RESPONSIBILITY
Members who are issued AEDs for use in department vehicles should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly will be taken out of service and given to the Professional Services Section who is responsible for ensuring appropriate maintenance.
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Following use of an AED, the device shall be cleaned and/or decontaminated as required. The electrodes and/or pads will be replaced as recommended by the AED manufacturer.
Any member who uses an AED should contact the Communications Center as soon as possible and request response by EMS.
436.8.2 AED REPORTING
Any member using an AED will complete an incident report detailing its use. 436.8.3 AED TRAINING AND MAINTENANCE
The Professional Services Section should ensure appropriate training and refresher training is provided to members authorized to use an AED. A list of authorized members and training records shall be made available for inspection by the local EMS agency (LEMSA) or EMS authority upon request (22 CCR 100021; 22 CCR 100022; 22 CCR 100029).
The Professional Services Section is responsible for ensuring AED devices are appropriately maintained and will retain records of all maintenance in accordance with the established records retention schedule (22 CCR 100021).
436.9 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION
Trained members may administer opioid overdose medication (Civil Code § 1714.22; Business and Professions Code § 4119.9).
436.9.1 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES Members who are qualified to administer opioid overdose medication, such as naloxone, should handle, store and administer the medication consistent with their training. Members should check the medication and associated administration equipment at the beginning of their shift to ensure they are serviceable and not expired. Any expired medication or unserviceable administration equipment should be removed from service and given to the Professional Services Section.
Any member who administers an opioid overdose medication should contact the Communications Center as soon as possible and request response by EMS. 436.9.2 OPIOID OVERDOSE MEDICATION REPORTING
Any member administering opioid overdose medication should detail its use in an appropriate report.
The Professional Services Section will ensure that the Police Services Manager is provided enough information to meet applicable state reporting requirements. 436.9.3 OPIOID OVERDOSE MEDICATION TRAINING
The Professional Services Section should ensure initial and refresher training is provided to members authorized to administer opioid overdose medication. Training should be coordinated with the local health department and comply with the requirements in 22 CCR 100019 and any applicable POST standards (Civil Code § 1714.22).
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436.9.4 DESTRUCTION OF OPIOID OVERDOSE MEDICATION
The Professional Services Officer shall ensure the destruction of any expired opioid overdose medication (Business and Professions Code § 4119.9). An appropriate destruction process can include depositing the expired medication in an approved medication disposal drop-off kiosk. 436.9.5 OPIOID OVERDOSE MEDICATION RECORD MANAGEMENT
Records regarding acquisition and disposition of opioid overdose medications shall be maintained and retained in accordance with the established records retention schedule and at a minimum of three years from the date the record was created (Business and Professions Code § 4119.9). 436.10 ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS
The Field Services Division Captain may authorize the acquisition of epinephrine auto-injectors for use by Department members as provided by Health and Safety Code § 1797.197a.
The Professional Services Officer shall create and maintain an operations plan for the storage, maintenance, use and disposal of epinephrine auto-injectors as required by Health and Safety Code § 1797.197a(f).
Trained members who possess valid certification may administer an epinephrine auto-injector for suspected anaphylaxis (Health and Safety Code § 1797.197a(b); 22 CCR 100019). 436.10.1 EPINEPHRINE USER RESPONSIBILITIES
Members should handle, store and administer epinephrine auto-injectors consistent with their training and the Department operations plan. Members should check the auto-injectors at the beginning of their shift to ensure the medication is not expired. Any expired medication should be removed from service in accordance with the Department Operations Plan.
Any member who administers an epinephrine auto-injector medication should contact the Communications Center as soon as possible and request response by EMS (Health and Safety Code § 1797.197a(b)).
436.10.2 EPINEPHRINE AUTO-INJECTOR REPORTING
Any member who administers an epinephrine auto-injector should detail its use in an appropriate report.
The Professional Services Officer should ensure that the Police Services Manager is provided enough information for required reporting to the EMS Authority within 30 days after each use (Health and Safety Code § 1797.197a(f)).
Records regarding the acquisition and disposition of epinephrine auto-injectors shall be maintained pursuant to the established records retention schedule but no less than three years (Business and Professions Code § 4119.4(d)).
436.10.3 EPINEPHRINE AUTO-INJECTOR TRAINING
The Professional Services Officer should ensure that members authorized to administer epinephrine auto-injectors are provided with initial and refresher training that meets the requirements of Health and Safety Code § 1797.197a(c) and 22 CCR 100019.
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436.11 SICK OR INJURED ARRESTEE
If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the officer should contact a supervisor, who will determine whether medical clearance will be obtained prior to booking.
If the jail or detention facility refuses to accept custody of an arrestee based on medical screening, the officer should note the name of the facility person refusing to accept custody and the reason for refusal, and should notify a supervisor to determine the appropriate action.
Arrestees who appear to have a serious medical issue should be transported by ambulance.
Officers shall not transport an arrestee to a hospital without a supervisor’s approval.
Nothing in this section should delay an officer from requesting EMS when an arrestee reasonably appears to be exhibiting symptoms that appear to be life threatening, including breathing problems or an altered level of consciousness, or is claiming an illness or injury that reasonably warrants an EMS response in accordance with the officer’s training. 436.12 FIRST AID TRAINING
The Professional Services Officer should ensure officers receive initial first aid training within one year of employment and refresher training every two years thereafter (22 CCR 100016; 22 CCR 100022).
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Chapter 5 - Traffic Operations
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Traffic Function and Responsibility
500.1 PURPOSE AND SCOPE
The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity records, traffic volume, and traffic conditions. This Department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations, but also in terms of traffic-related needs.
500.2 TRAFFIC OFFICER DEPLOYMENT
Several factors are considered in the development of deployment schedules for officers of the Emeryville Police Department. Information provided by the California Statewide Integrated Traffic Reporting System (SWITRS) is a valuable resource for traffic accident occurrences and therefore officer deployment. Some of the factors for analysis include:
• Location
• Time
• Day
• Violation factors
All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of occurrence. All officers will take directed enforcement action on request, and random enforcement action when appropriate against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations.
Other factors to be considered for deployment are requests from the public, construction zones or special events.
500.3 ENFORCEMENT
Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. This Department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance (Vehicle Code § 41603). The visibility and quality of an officer’s work effort will be commensurate with the philosophy of this policy. Several methods are effective in the reduction of collisions:
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500.3.1 CITATIONS
Citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum:
(a) Explanation of the violation or charge
(b) Court appearance procedure including the optional or mandatory appearance by the motorist
(c) Notice of whether the motorist can enter a plea and pay the fine by mail or at the court 500.3.2 PHYSICAL ARREST
Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code or Penal Code. These physical arrest cases usually deal with, but are not limited to:
(a) Vehicular manslaughter
(b) Felony and misdemeanor driving under the influence of alcohol/drugs (c) Felony or misdemeanor hit-and-run
(d) Refusal to sign notice to appear
(e) Any other misdemeanor at the discretion of the officer, such as reckless driving with extenuating circumstances
500.4 SUSPENDED OR REVOKED DRIVERS LICENSES
If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer may issue a traffic citation pursuant to Vehicle Code § 14601.
If a computer check of a traffic violator's license status reveals a suspended or revoked driver license and the traffic violator still has his or her license in possession, the license shall be seized by the officer. The officer shall verbally advise the traffic violator of the suspension or revocation and issue the citation. The officer will be responsible for filling out the Verbal Notice form (DMV form DL-310) and causing that form and license to be forwarded to the Department of Motor Vehicles.
500.5 HIGH-VISIBILITY VESTS
The Department has provided American National Standards Institute (ANSI) Class II high-visibility vests to increase the visibility of department members who may be exposed to hazards presented by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601; 8 CCR 1598).
Although intended primarily for use while performing traffic related assignments, high-visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the member.
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500.5.1 REQUIRED USE
Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high-visibility vests should be worn at anytime it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high-visibility vests should be worn include traffic control duties, accident investigations, lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor.
Vests maintained in the investigation units may be used any time a plainclothes officer might benefit from being readily identified as a member of law enforcement. 500.5.2 CARE AND STORAGE OF HIGH-VISIBILITY VESTS
High-visibility vests shall be maintained in the trunk of each patrol and investigation vehicle, in the side box of each police motorcycle and in the saddlebag or gear bag of each police bicycle. Each vest should be stored inside the re-sealable plastic bag provided to protect and maintain the vest in a serviceable condition. Before going into service each employee shall ensure a serviceable high-visibility vest is properly stored.
A supply of high-visibility vests will be maintained in the equipment room for replacement of damaged or unserviceable vests. The Professional Services Section should be promptly notified whenever the supply of vests in the equipment room needs replenishing.
Policy
501
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Traffic Collision Reporting
501.1 PURPOSE AND SCOPE
The Emeryville Police Department prepares traffic collision reports in compliance with the California Highway Patrol Collision Investigation Manual (CIM) and as a public service makes traffic collision reports available to the community with some exceptions. 501.2 RESPONSIBILITY
The Professional Standards Section will be responsible for distribution of the Collision Investigation Manual. The Professional Standards Section will receive all changes in the state manual and ensure conformity with this policy.
501.3 TRAFFIC COLLISION REPORTING
All traffic collision reports taken by members of this department shall be entered into the Records Management System and shall be forwarded to the Watch Commander for approval. The Records Section will be responsible for any necessary monthly and quarterly reports on traffic collision statistics to be forwarded to the Field Services Division Captain, or other persons as required. The Records Section will be responsible for completing the CHP SWITRS reports. 501.4 REPORTING SITUATIONS
501.4.1 TRAFFIC COLLISIONS INVOLVING CITY VEHICLES
Traffic collision investigation reports shall be taken when a City-owned vehicle is involved in a traffic collision upon a roadway or highway wherein any damage or injury results. A general information report may be taken in lieu of a traffic collision report (CHP 555 form) at the direction of a supervisor when the collision occurs on private property or does not involve another vehicle.
Whenever there is damage to a City vehicle, an Unusual Incident Report shall be completed and forwarded to the appropriate Division Captain.
Photographs of the collision scene involving a city-owned vehicle and of the vehicle damage shall be taken.
501.4.2 TRAFFIC COLLISIONS WITH POLICE DEPARTMENT EMPLOYEES When an employee of this department, either on-duty or off-duty, is involved in a traffic collision within the jurisdiction of the Emeryville Police Department the Watch Commander, should request the California Highway Patrol document the collision.
501.4.3 TRAFFIC COLLISIONS WITH OTHER CITY EMPLOYEES OR OFFICIALS The on-duty Watch Commander may request assistance from the California Highway Patrol for the investigation of any traffic collision involving any City official or employee where a serious injury or fatality has occurred.
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501.4.4 TRAFFIC COLLISIONS ON PRIVATE PROPERTY
At the request of the parties involved in a non-injury traffic collision that occur on private property, a traffic collision report should be taken. Private property collisions resulting in death or injury to any person involved, a felony hit and run violation, or Vehicle Code violation shall also be documented in a collision report.
501.4.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS
Traffic collision reports shall be taken when they occur on a roadway or highway within the jurisdiction of this department under any of the following circumstances:
(a) When there is a death or injury to any persons involved in the collision (b) When there is an identifiable violation of the Vehicle Code (c) When a report is requested by any involved driver
501.5 NOTIFICATION OF TRAFFIC BUREAU SUPERVISION
In the event of a serious injury or death related traffic collision, the Watch Commander shall seek assistance from the Traffic Section and shall relate the circumstances of the traffic collision to the Professional Services Lieutenant. The Watch Commander or any supervisor may assign an accident investigator or motor officer to investigate the traffic collision.
Policy
502
Emeryville Police Department
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Vehicle Towing and Release
502.1 PURPOSE AND SCOPE
This policy provides the procedures for towing a vehicle by or at the direction of the Emeryville Police Department. Nothing in this policy shall require the Department to tow a vehicle. 502.2 STORAGE AND IMPOUNDS
When circumstances permit, for example when towing a vehicle for parking or registration violations, the handling employee should, prior to having the vehicle towed, make a good faith effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be towed immediately.
The responsibilities of those employees towing, storing or impounding a vehicle are listed below. 502.2.1 VEHICLE STORAGE REPORT
Department members requesting towing, storage or impound of a vehicle shall complete CHP Form 180 and accurately record the mileage and a description of property within the vehicle (Vehicle Code § 22850). A copy of the storage report should be given to the tow truck operator and the original shall be submitted to the Records Section as soon as practicable after the vehicle is stored.
502.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES
When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the rotational list of towing companies in the Communications Center.
If the owner is incapacitated, or for any reason it is necessary for the Department to assume responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call the official towing garage for the City of Emeryville. The officer will then store the vehicle using a CHP Form 180.
502.2.3 STORAGE AT ARREST SCENES
Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions described below. The vehicle, however, shall be stored whenever it is needed for the furtherance of the investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high-crime area).
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The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition:
• Traffic-related warrant arrest.
• Situations where the vehicle was not used to further the offense for which the driver was arrested.
• Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity.
• Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene. In such cases, the owner shall be informed that the Department will not be responsible for theft or damages. 502.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS
Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator is driving without a valid driver’s license, the officer shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation.
If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to appear the name and driver’s license number of the person to whom the vehicle is released.
When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)).
When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver’s license and current vehicle registration.
502.2.5 DRIVING A NON-CITY VEHICLE
Vehicles which have been towed by or at the direction of the Department should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant, or to comply with posted signs. 502.2.6 DISPATCHER'S RESPONSIBILITIES
Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The officer shall be advised when the request has been made and the towing service has been dispatched.
When there is no preferred company requested, the dispatcher shall call the next firm in rotation from the list of approved towing companies and shall make appropriate entries on that form to ensure the following firm is called on the next request.
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502.2.7 RECORDS SECTION RESPONSIBILITY
Records personnel shall promptly enter pertinent data from the completed storage form (CHP Form 180) into the Stolen Vehicle System and return the form to the Watch Commander for approval (Vehicle Code § 22651.5(b); Vehicle Code § 22851.3(b); Vehicle Code § 22854.5).
Approved storage forms shall be promptly placed into the auto-file so that they are immediately available for release or review should inquiries be made.
Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be the responsibility of the Records Section to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all such individuals by first-class mail (Vehicle Code § 22851.3(d); Vehicle Code § 22852(a); Vehicle Code § 14602.6(a)(2)). The notice shall include the following (Vehicle Code § 22852(b)):
(a) The name, address, and telephone number of this Department. (b) The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage.
(c) The authority and purpose for the removal of the vehicle. (d) A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice.
502.3 TOWING SERVICES
The City of Emeryville periodically selects a firm to act as the official tow service and awards a contract to that firm. This firm will be used in the following situations:
(a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action.
(b) When a vehicle is being held as evidence in connection with an investigation. (c) When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal of vehicles obstructing traffic in violation of state or local regulations. 502.4 VEHICLE INVENTORY
All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed and/or locked.
Members conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to provide for the safety of officers, and to protect the Department against fraudulent claims of lost, stolen, or damaged property.
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502.5 SECURITY OF VEHICLES AND PROPERTY
Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) that are not considered evidence or contraband.
If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft, or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. 502.6 RELEASE OF VEHICLE
(a) Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of current registration is provided by the owner or person in control of the vehicle and after all applicable fees are paid (Vehicle Code §§ 22850.3 and .5). (b) Vehicles removed that require payment of parking fines or proof of valid driver's license shall only be released upon presentation of proof of compliance, proof of payment, completion of affidavit and payment of applicable fees related to the removal (Vehicle Code §§ 22651 (et seq.), 22652 (et seq.), 22850.3 and .5). (c) A vehicle removed pursuant to Vehicle Code § 14602.6(a) and impounded for 30 days shall be released at the end of the impoundment period only when the registered owner or agent presents his/her valid driver's license and proof of current vehicle registration, or upon order of a court (Vehicle Code § 14602.6(d)(2)). (d) A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the registered owner or his or her agent with proof of current registration, proof of a valid driver's license and applicable fees paid prior to the end of the 30 day impoundment period under any of the following circumstances (Vehicle Code § 14602.6(d)(1)):
1. In response to a valid order of a court.
2. When the vehicle is a stolen vehicle.
3. When the vehicle is subject to bailment and is driven by an unlicensed employee of a business establishment, including a parking service or repair garage.
4. When the license of the driver was suspended or revoked for an offense other than those included in Article 2 (commencing with Vehicle Code § 13200) of Chapter 2 of Division 6 or Article 3 (commencing with Vehicle Code § 13350) of Chapter 2 of Division 6.
5. When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
6. When the driver reinstates his or her driver's license or acquires a driver's license and proper insurance.
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7. To the legal owner when all of the following are met:
(a) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(b) The legal owner or the legal owner's agent pays all towing and storage fees related to the seizure of the vehicle.
(c) The legal owner or the legal owner's agent presents a copy of the documents specified in Vehicle Code § 14602.6(f)(3).
502.7 RELEASE OF VEHICLE
The Department will maintain a listed, 24-hour telephone number to provide information regarding impoundment of vehicles and the right of the registered owner to request a storage hearing.
Releases for towed vehicles will be made available during regular, non-emergency business hours (Vehicle Code § 14602.6).
(a) Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of current registration is provided by the owner or the person in control of the vehicle and after all applicable fees are paid (Vehicle Code § 22850.3; Vehicle Code § 22850.5). (b) Vehicles removed that require payment of parking fines or proof of valid driver’s license shall only be released upon presentation of proof of compliance, proof of payment, completion of affidavit, and payment of applicable fees related to the removal (Vehicle Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3; Vehicle Code § 22850.5).
(c) A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the registered owner or his/her agent with proof of current registration, proof of a valid driver’s license, and applicable fees paid prior to the end of the 30-day impoundment period under any of the following circumstances:
1. The vehicle was stolen.
2. If the driver reinstates his/her driver's license or acquires a license and provides proof of proper insurance.
3. Any other circumstance as set forth in Vehicle Code § 14602.6.
4. When there is no remaining community caretaking need to continue impound of the vehicle or the continued impound would not otherwise comply with the Fourth Amendment.
(d) An autonomous vehicle removed under authority of Vehicle Code § 22651(o)(1)(D) shall be released to the registered owner or person in control of the autonomous vehicle if the requirements of Vehicle Code § 22651(o)(3)(B) are met.
Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under which the vehicle was towed or impounded for any specific requirements prior to release.
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Employees who suspect that a vehicle was impounded in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle Impound Hearings Policy.
Policy
503
Emeryville Police Department
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Vehicle Impound Hearings
503.1 PURPOSE AND SCOPE
This policy establishes a procedure for the requirement to provide vehicle storage or impound hearings pursuant to Vehicle Code § 22852.
503.2 STORED OR IMPOUND HEARING
When a vehicle is stored or impounded by any member of the Emeryville Police Department, a hearing will be conducted upon the request of the registered or legal owner of the vehicle or his/ her agent (Vehicle Code § 22650(a); Vehicle Code § 22852(a)).
The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays.
The hearing officer must be a person other than the person who directed the storage or impound of the vehicle (Vehicle Code § 22852(c)).
503.2.1 HEARING PROCEDURES
The vehicle storage hearing is an informal process to evaluate the validity of an order to store or impound a vehicle. The employee who caused the storage or removal of the vehicle does not need to be present for this hearing.
All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in writing or by telephone within 10 days of the date appearing on the notice (Vehicle Code § 22852(b)). The Watch Commander will generally serve as the hearing officer. The person requesting the hearing may record the hearing at his/her own expense.
The failure of either the registered or legal owner or interested person or his/her agent to request a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of and satisfaction of the post-storage hearing requirement (Vehicle Code § 22851.3(e)(2); Vehicle Code § 22852(d)).
Any relevant evidence may be submitted and reviewed by the hearing officer to determine if reasonable grounds have been established for the storage or impound of the vehicle. The initial burden of proof established by a preponderance of the evidence that the storage/impound was based on probable cause rests with the Department.
After consideration of all information, the hearing officer shall determine the validity of the storage or impound of the vehicle in question and then render a decision. The hearing officer shall also consider any mitigating circumstances attendant to the storage that reasonably would warrant the release of the vehicle or a modification or reduction of the period the vehicle is impounded (Vehicle Code §14602.6(b); Vehicle Code § 14602.8(b)).
Aside from those mitigating circumstances enumerated in the Vehicle Code, the registered owner's lack of actual knowledge that the driver to whom the vehicle was loaned was not validly licensed may constitute a mitigating circumstance under Vehicle Code § 14602.6(b) or 14602.8(b), warranting release of the vehicle. This mitigating circumstance exception is not limited to situations Emeryville Police Department
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where the owner made a reasonable inquiry as to the licensed status of the driver before lending the vehicle.
The legislative intent and this department’s policy is to prevent unlicensed driving pursuant to Vehicle Code §14602.6. If this purpose is not furthered by the continued impoundment of a vehicle, release is most often appropriate.
(a) If a decision is made that reasonable grounds for storage or impound have been established, the hearing officer shall advise the inquiring party of the decision and that the inquiring party may pursue further civil remedies if desired.
1. If mitigating circumstances are found to be relevant, the hearing officer shall make reasonable adjustments to the impound period, storage or assessment of fees as warranted.
(b) If a decision is made that reasonable grounds for storage or impound have not been established or sufficient mitigating circumstances exist, the vehicle in storage shall be released immediately. Towing and storage fees will be paid at the Department’s expense (Vehicle Code § 22852(e)).
(c) If a decision is made that reasonable grounds for storage have not been established or sufficient mitigating circumstances exist, and the vehicle has been released with fees having been paid, the receipt for such fees will be forwarded with a letter to the appropriate Division Captain. The hearing officer will recommend to the appropriate Division Captain that the fees paid by the registered or legal owner of the vehicle in question or their agent be reimbursed by the Department.
Policy
504
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Impaired Driving
504.1 PURPOSE AND SCOPE
This policy provides guidance to those department members who play a role in the detection and investigation of driving under the influence (DUI).
504.2 POLICY
The Emeryville Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of California’s impaired driving laws. 504.3 INVESTIGATIONS
Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence.
The Watch Commander will develop and maintain, in consultation with the prosecuting attorney, report forms with appropriate checklists to assist investigating officers in documenting relevant information and maximizing efficiency. Any DUI investigation will be documented using these forms. Information documented elsewhere on the form does not need to be duplicated in the report narrative. Information that should be documented includes, at a minimum:
(a) The field sobriety tests (FSTs) administered and the results. (b) The officer’s observations that indicate impairment on the part of the individual, and the officer’s health-related inquiries that may help to identify any serious health concerns (e.g., diabetic shock).
(c) Sources of additional information (e.g., reporting party, witnesses) and their observations.
(d) Information about any audio and/or video recording of the individual’s driving or subsequent actions.
(e) The location and time frame of the individual’s vehicle operation and how this was determined.
(f) Any prior related convictions in California or another jurisdiction. 504.4 FIELD TESTS
The Watch Commander should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DUI laws. 504.5 CHEMICAL TESTS
A person implies consent to a chemical test or tests, and to providing the associated chemical sample, under any of the following (Vehicle Code § 23612):
(a) The person is arrested for driving a vehicle while under the influence, pursuant to Vehicle Code § 23152.
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(b) The person is under 21 years of age and is arrested by an officer having reasonable cause to believe that the person’s blood alcohol content is 0.05 or more (Vehicle Code § 23140).
(c) The person is under 21 years of age and detained by an officer having reasonable cause to believe that the person was driving a vehicle while having a blood alcohol content of 0.01 or more (Vehicle Code § 23136).
(d) The person was operating a vehicle while under the influence and proximately caused bodily injury to another person (Vehicle Code § 23153).
If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample.
504.5.1 CHOICE OF TESTS
Officers shall respect a viable choice of chemical test made by an arrestee, as provided for by law (e.g., breath will not be acceptable for suspected narcotics influence).
A person arrested for DUI has the choice of whether the test is of his/her blood or breath, and the officer shall advise the person that he/she has that choice. If the person arrested either is incapable, or states that he/she is incapable, of completing the chosen test, the person shall submit to the remaining test.
If the person chooses to submit to a breath test and there is reasonable cause to believe that the person is under the influence of a drug or the combined influence of alcohol and any drug, the officer may also request that the person submit to a blood test. If the person is incapable of completing a blood test, the person shall submit to and complete a urine test (Vehicle Code § 23612(a)(2)(C)).
504.5.2 BREATH SAMPLES
The Watch Commander should ensure that all devices used for the collection and analysis of breath samples are properly serviced and tested, and that a record of such service and testing is properly maintained.
Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to the Watch Commander.
When the arrested person chooses a breath test, the handling officer shall advise the person that the breath-testing equipment does not retain a sample, and the person may, if desired, provide a blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle Code § 23614).
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alcoholic beverage and any drug. Evidence of the officer’s belief shall be included in the officer’s report (Vehicle Code § 23612(a)(2)(C)).
504.5.3 BLOOD SAMPLES
Only persons authorized by law to draw blood shall collect blood samples (Vehicle Code § 23158).
The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task.
Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be collected and retained as evidence, so long as only one puncture is required.
The blood sample shall be packaged, marked, handled, stored and transported as required by the testing facility.
If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability to take a blood test should not be considered a refusal. However, that arrestee may be required to complete another available and viable test.
504.5.4 URINE SAMPLES
If a urine test will be performed, the arrestee should be promptly transported to the appropriate testing site. The officer shall follow any directions accompanying the urine evidence collection kit.
Urine samples shall be collected and witnessed by an officer or jail staff member of the same sex as the individual giving the sample. The arrestee should be allowed sufficient privacy to maintain his/her dignity, to the extent possible, while still ensuring the accuracy of the sample (Vehicle Code § 23158(i)).
The sample shall be packaged, marked, handled, stored and transported as required by the testing facility.
504.5.5 STATUTORY NOTIFICATIONS
Officers requesting that a person submit to chemical testing shall provide the person with the mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code § 23612(a)(4). 504.5.6 PRELIMINARY ALCOHOL SCREENING
Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable cause to believe a person is DUI. The officer shall advise the person that the PAS test is being requested to assist in determining whether the person is under the influence of alcohol or drugs, or a combination of the two. Unless the person is under the age of 21, he/she shall be advised that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS test does not satisfy his/her obligation to submit to a chemical test as otherwise required by law (Vehicle Code § 23612).
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504.5.7 PRELIMINARY ALCOHOL SCREENING FOR A PERSON UNDER AGE 21 If an officer lawfully detains a person under 21 years of age who is driving a motor vehicle and the officer has reasonable cause to believe that the person has a blood alcohol content of 0.01 or more, the officer shall request that the person take a PAS test to determine the presence of alcohol in the person, if a PAS test device is immediately available. If a PAS test device is not immediately available, the officer may request the person to submit to chemical testing of his/her blood, breath or urine, conducted pursuant to Vehicle Code § 23612 (Vehicle Code § 13388).
If the person refuses to take or fails to complete the PAS test or other chemical test, or if the result of either test reveals a blood alcohol content of 0.01 or more, the officer shall proceed to serve the person with a notice of order of suspension pursuant to this policy (Vehicle Code § 13388). 504.6 REFUSALS
When an arrestee refuses to provide a viable chemical sample, officers should:
(a) Advise the arrestee of the requirement to provide a sample (Vehicle Code § 23612). (b) Audio- and/or video-record the admonishment when it is practicable. (c) Document the refusal in the appropriate report.
504.6.1 BLOOD SAMPLE WITHOUT CONSENT
A blood sample may be obtained from a person who refuses a chemical test when any of the following conditions exist:
(a) A search warrant has been obtained (Penal Code § 1524). (b) The officer can articulate that exigent circumstances exist. Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency can be established by the existence of special facts such as a lengthy time delay in obtaining a blood sample due to an accident investigation or medical treatment of the person.
504.6.2 FORCED BLOOD SAMPLE
If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer shall notify a supervisor.
The supervisor should:
(a) Evaluate whether using force to obtain a blood sample is appropriate under the circumstances.
(b) Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes a viable form of testing in a timely manner. (c) Advise the person of his/her duty to provide a sample (even if this advisement was previously done by another officer) and attempt to persuade the individual to submit to such a sample without physical resistance.
(a) This dialogue should be recorded on audio and/or video if practicable.
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(d) Ensure that the blood sample is taken in a medically approved manner. (e) Ensure the forced blood draw is recorded on audio and/or video when practicable. (f) Monitor and ensure that the type and level of force applied appears reasonable under the circumstances:
1. Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods.
2. In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report.
3. In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted.
(g) Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report.
If a supervisor is unavailable, officers are expected to use sound judgment and perform as a responding supervisor, as set forth above.
504.6.3 STATUTORY NOTIFICATIONS UPON REFUSAL
Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of order of suspension upon the arrestee and take possession of any state-issued license to operate a motor vehicle that is held by that individual (Vehicle Code § 23612(e); Vehicle Code § 23612(f)).
504.7 RECORDS SECTION RESPONSIBILITIES
The Police Services Manager will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney’s office. 504.8 ADMINISTRATIVE HEARINGS
The Police Services Manager will ensure that all appropriate reports and documents related to administrative license suspensions are reviewed and forwarded to DMV. officer
An officer
504.9 TRAINING
The Professional Services Officer should ensure that officers participating in the enforcement of DUI laws receive regular training. Training should include, at minimum, current laws on impaired driving, investigative techniques and rules of evidence pertaining to DUI investigations. The Professional Services Officer should confer with the prosecuting attorney’s office and update training topics as needed.
504.10 ARREST AND INVESTIGATION
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504.10.1 WARRANTLESS ARREST
In addition to the arrest authority granted to officers pursuant to Penal Code § 836, an officer may make a warrantless arrest of a person that the officer has reasonable cause to believe has been driving under the influence of an alcoholic beverage or any drug, or under the combined influence of the same when (Vehicle Code § 40300.5):
(a) The person is involved in a traffic accident.
(b) The person is observed in or about a vehicle that is obstructing the roadway. (c) The person will not be apprehended unless immediately arrested. (d) The person may cause injury to him/herself or damage property unless immediately arrested.
(e) The person may destroy or conceal evidence of a crime unless immediately arrested. 504.10.2 OFFICER RESPONSIBILITIES
The officer serving the arrested person with a notice of an order of suspension shall immediately (Vehicle Code § 23612):
(a) Forward a copy of the completed notice of suspension or revocation form and any confiscated driver’s license to the Department of Motor Vehicles (DMV). (b) Forward a sworn report to DMV that contains the required information in Vehicle Code § 13380.
(c)
514.10.3 Chemical Sample to a Laboratory
If the arrestee submitted a blood or urine chemical test those results shall be sent to the appropriate forensic laboratory by the evidence personal or the investigations staff.
Policy
505
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Traffic Citations
505.1 PURPOSE AND SCOPE
This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction, and voiding of traffic citations.
505.2 RESPONSIBILITIES
The Watch Commander shall be responsible for the development and design of all Department traffic citations in compliance with state law and the Judicial Council.
The Records Section shall be responsible for the supply and accounting of all traffic citations issued to employees of this department.
505.3 DISMISSAL OF TRAFFIC CITATIONS
Employees of this department do not have the authority to dismiss a citation once it has been issued. Only the court has the authority to dismiss a citation that has been issued (Vehicle Code § 40500(d)). Any request from a recipient to dismiss a citation shall be referred to the Traffic Bureau Manager. Upon a review of the circumstances involving the issuance of the traffic citation, the Traffic Bureau Manager may request the Field Services Division Captain to recommend dismissal of the traffic citation. If approved, the citation will be forwarded to the appropriate court with a request for dismissal. All recipients of traffic citations whose request for the dismissal of a traffic citation has been denied shall be referred to the appropriate court.
Should an officer determine during a court proceeding that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate the officer may request the court to dismiss the citation. Upon dismissal of the traffic citation by the court, the officer shall notify his/her immediate supervisor of the circumstances surrounding the dismissal and shall complete any paperwork as directed or required. The citation dismissal shall then be forwarded to the Field Services Division Captain for review.
505.4 VOIDING TRAFFIC CITATIONS
Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed, but not issued. All copies of the citation shall be presented to a supervisor to approve the voiding of the citation. The citation and copies shall then be forwarded to the Records and Communication's Section.
505.5 CORRECTION OF TRAFFIC CITATIONS
When a traffic citation is issued and in need of correction, the officer issuing the citation shall submit the citation and a letter requesting a specific correction to his/her immediate supervisor.
The citation and letter shall then be forwarded to the Records Section. The Records Section shall forward the citation and letter of correction to the court having jurisdiction and to the recipient of the citation.
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505.6 DISPOSITION OF TRAFFIC CITATIONS
The court and file copies of all traffic citations issued by members of this department shall be forwarded to the employee’s immediate supervisor for review. The citation copies shall then be filed with the Records Section.
Upon separation from employment with this department, all employees issued traffic citation books shall return any unused citations to the Records Section. 505.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE
Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code § 40215. 505.7.1 APPEAL STAGES
Appeals may be pursued sequentially at three different levels (Vehicle Code § 40215; Vehicle Code § 40230):
(a) Administrative reviews are conducted by the Traffic Bureau who will review written/ documentary data. Requests for administrative reviews are available at the front desk or Traffic Bureau of the Emeryville Police Department. These requests are informal written statements outlining why the notice of parking violation should be dismissed.
Copies of documentation relating to the notice of parking violation and the request for dismissal must be mailed to the current mailing address of the processing agency. (b) If the appellant wishes to pursue the matter beyond administrative review, an administrative hearing may be conducted in person or by written application, at the election of the appellant. Independent referees review the existent administrative file, amendments, and/or testimonial material provided by the appellant and may conduct further investigation or follow-up on their own.
(c) If the appellant wishes to pursue the matter beyond an administrative hearing, a Superior Court review may be presented in person by the appellant after an application for review and designated filing fees have been paid to the Superior Court of California. 505.7.2 TIME REQUIREMENTS
Administrative review or appearance before a hearing examiner will not be provided if the mandated time limits are not adhered to by the violator. (a) Requests for an administrative review must be postmarked within 21 calendar days of issuance of the notice of parking violation, or within 14 calendar days of the mailing of the Notice of Delinquent Parking Violation (Vehicle Code § 40215(a)). (b) Requests for administrative hearings must be made no later than 21 calendar days following the notification mailing of the results of the administrative review (Vehicle Code § 40215(b)).
(c) An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to Vehicle Code § 40200 - 40225. The person requesting the hearing may request one continuance, not to exceed 21 calendar days (Vehicle Code § 40215).
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(d) Registered owners of vehicles may transfer responsibility for the violation via timely affidavit of non-liability when the vehicle has been transferred, rented or under certain other circumstances (Vehicle Code § 40209; Vehicle Code § 40210). 505.7.3 COSTS
(a) There is no cost for an administrative review.
(b) Appellants must deposit the full amount due for the citation before receiving an administrative hearing, unless the person is indigent, as defined in Vehicle Code § 40220, and provides satisfactory proof of inability to pay (Vehicle Code § 40215). (c) An appeal through Superior Court requires prior payment of filing costs, including applicable court charges and fees. These costs will be reimbursed to the appellant in addition to any previously paid fines if appellant's liability is overruled by the Superior Court.
505.8 JUVENILE CITATIONS
Completion of traffic citation forms for juveniles may vary slightly from the procedure for adults.
The juvenile’s age, place of residency, and the type of offense should be considered before issuing the juvenile a citation.
Policy
506
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Disabled Vehicles
506.1 PURPOSE AND SCOPE
Vehicle Code § 20018 provides that all law enforcement agencies having responsibility for traffic enforcement may develop and adopt a written policy to provide assistance to motorists in disabled vehicles within their primary jurisdiction.
506.2 OFFICER RESPONSIBILITY
When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance.
The dispatcher should then assign another available officer to respond for assistance as soon as practical.
506.3 EXTENT OF ASSISTANCE
In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by department personnel will be contingent on the time of day, the location, the availability of departmental resources, and the vulnerability of the disabled motorist. 506.3.1 MECHANICAL REPAIRS
Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair. 506.3.2 RELOCATION OF DISABLED VEHICLES
The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle.
506.3.3 RELOCATION OF DISABLED MOTORIST
The relocation of a disabled motorist should only occur with the person’s consent and should be suggested when conditions reasonably indicate that immediate movement is necessary to mitigate a potential hazard. The department member may stay with the disabled motorist or transport him/ her to a safe area to await pickup.
506.4 PUBLIC ACCESS TO THIS POLICY
This written policy is available upon request.
Policy
507
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72-Hour Parking Violations
507.1 PURPOSE AND SCOPE
This policy provides procedures for the marking, recording, and storage of vehicles parked in violation of the Emeryville City Ordinance regulating 72-hour parking violations and abandoned vehicles under the authority of Vehicle Code § 22669.
507.2 MARKING VEHICLES
Vehicles suspected of being in violation of the City of Emeryville 72-Hour Parking Ordinance shall be marked and a CAD event generated noting a description of the vehicle marked, including a license number, and the date and time the vehicle was marked. No case number is required at this time.
A visible chalk mark should be placed on the left rear tire sidewall with an accompanying mark on the pavement unless missing tires or other vehicle conditions prevent marking. Any markings shall be noted on the CAD event log.
If a marked vehicle has been moved or the markings have been removed during a 72-hour investigation period, the vehicle shall be marked again for the 72-hour parking violation and an update to the CAD event log completed.
Parking citations for the 72-hour parking ordinance shall be issued when the vehicle is stored for the 72-hour parking violation.
507.2.1 MARKED VEHICLE FILE
Police Service Technicians assigned to the Traffic Section are generally responsible for the follow up investigation and towing of all 72-hour parking violations noted on the CAD Event log. If a PST is unavailable, patrol staff should investigate and/or tow 72-hour parking violations. 507.2.2 VEHICLE STORAGE
Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage report (CHP form 180) shall be completed by the officer or PST authorizing the storage of the vehicle.
The storage report form shall be entered into the computer system by the officer or PST, approved by the Watch Commander and submitted to the Records Section immediately following the storage of the vehicle. It shall be the responsibility of the Records Section to immediately notify the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code § 22851.3(b)).
Notification may also be made to the National Law Enforcement Telecommunications System (NLETS)(Vehicle Code § 22854.5).
Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be the responsibility of the Records Section to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d).
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Chapter 6 - Investigation Operations
Policy
600
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Investigation and Prosecution
600.1 PURPOSE AND SCOPE
The purpose of this policy is to set guidelines and requirements pertaining to the handling and disposition of criminal investigations.
600.2 POLICY
It is the policy of the Emeryville Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor.
600.3 INITIAL INVESTIGATION
600.3.1 OFFICER RESPONSIBILITIES
An officer responsible for an initial investigation shall complete no less than the following:
(a) Make a preliminary determination of whether a crime has been committed by completing, at a minimum:
1. An initial statement from any witnesses or complainants.
2. A cursory examination for evidence.
(b) If information indicates a crime has occurred, the officer shall:
1. Preserve the scene and any evidence as required to complete the initial and follow-up investigation.
2. Determine if additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required.
3. If assistance is warranted, or if the incident is not routine, notify a supervisor or the Watch Commander.
4. Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects.
5. Collect any and all evidence related to the crime.
6. Take any appropriate law enforcement action.
7. Complete and submit the appropriate reports and documentation. (c) If the preliminary determination is that no crime occurred, determine what other action may be necessary, what other resources may be available, and advise the reporting party or complainant of this information.
600.3.2 CIVILIAN MEMBER RESPONSIBILITIES
A civilian member assigned to any preliminary investigation is responsible for all investigative steps, except making any attempt to locate, contact or interview a suspect face-to-face or take Emeryville Police Department
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any enforcement action. Should an initial investigation indicate that those steps are required, the assistance of an officer shall be requested.
600.4 CUSTODIAL INTERROGATION REQUIREMENTS
Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy.
600.4.1 AUDIO/VIDEO RECORDINGS
Any custodial interrogation of an individual who is suspected of having committed any violent felony offense should be recorded (audio or video with audio as available) in its entirety.
Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings.
Consideration should also be given to recording a custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law.
No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Criminal Investigations Section supervisor.
Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate and complete and are made only for authorized and legitimate law enforcement purposes.
Recordings should not take the place of a thorough report and investigative interviews. Written statements from suspects should continue to be obtained when applicable. 600.4.2 MANDATORY RECORDING OF ADULTS
Any custodial interrogation of an adult who is suspected of having committed any murder shall be recorded in its entirety. The recording should be video with audio if reasonably feasible (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 suspect 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.
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(e) The interrogation would disclose the identity of a confidential informant or would jeopardize the safety of an officer, the individual being interrogated or another individual. Such circumstances shall be documented in a report. (f) A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible.
(g) The questions are part of a routine processing or booking, and are not an interrogation. (h) The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded.
The Department shall maintain an original or an exact copy of the recording until a conviction relating to the interrogation is final and all appeals are exhausted or prosecution is barred by law (Penal Code § 859.5).
600.5 DISCONTINUATION OF INVESTIGATIONS
The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies:
(a) All reasonable investigative efforts have been exhausted, no reasonable belief that the person who committed the crime can be identified, and the incident has been documented appropriately.
(b) The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition.
1. In these cases, the investigator shall document that the person was warned and why prosecution was not sought.
2. Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor. (c) The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation.
(d) The case has been submitted to the appropriate prosecutor, charges have been filed, and further investigation is not reasonable, warranted, or requested, and there is no need to take the suspect into custody.
(e) Suspects have been arrested, there are no other suspects, and further investigation is either not warranted, or requested.
(f) Investigation has proven that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases).
The Domestic Violence, Child Abuse Sexual Assault Investigations, and Senior and Disability Victimization policies may also require an arrest or submittal of a case to a prosecutor.
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600.6 COMPUTERS AND DIGITAL EVIDENCE
The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, officers should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic examiner is unavailable, officers should take reasonable steps to prepare for such seizure and use the resources that are available.
600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES Use of social media and any other Internet source to access information for the purpose of criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights and civil liberties. Information gathered via the Internet should only be accessed by members while on-duty and for purposes related to the mission of this department. If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using department equipment.
Information obtained via the Internet should not be archived or stored in any manner other than department-established record keeping systems (see the Records Maintenance and Release and the Criminal Organizations policies).
600.7.1 ACCESS RESTRICTIONS
Information that can be accessed from any department computer, without the need of an account, password, email address, alias or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval.
Accessing information that requires the use of a third party’s account or online identifier requires the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report.
Information gathered from any Internet source should be evaluated for its validity, authenticity, accuracy and reliability. Corroborative evidence should be sought and documented in the related investigative report.
Any information collected in furtherance of an investigation through an Internet source should be documented in the related report. Documentation should include the source of information and the dates and times that the information was gathered.
600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION
Intercepting social media communications in real time may be subject to federal and state wiretap laws. Officers should seek legal counsel before any such interception.
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600.8 MODIFICATION OF CHARGES FILED
Any authorized request to modify the charges or to recommend dismissal of charges shall be made to the Alameda County District Attorney's Office prosecutor.
Policy
601
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Sexual Assault Investigations
601.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims.
Mandatory notifications requirements are addressed in the Child Abuse and Senior and Disability Victimization policies.
601.1.1 DEFINITIONS
Definitions related to this policy include:
Sexual assault - Any crime or attempted crime of a sexual nature, to include but not limited to offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq.
Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates; law enforcement officers; forensic medical examiners, including sexual assault forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to sexual assault victims.
601.2 POLICY
It is the policy of the Emeryville Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and protect the safety of the victims and the community.
601.3 QUALIFIED INVESTIGATORS
Qualified investigators should be available for assignment of sexual assault investigations. These investigators should:
(a) Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations. (b) Conduct follow-up interviews and investigation.
(c) Present appropriate cases of alleged sexual assault to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and medical personnel as needed.
(e) Provide referrals to therapy services, victim advocates and support for the victim. (f) Participate in or coordinate with SART.
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601.4 REPORTING
In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated.
601.5 VICTIM INTERVIEWS
The primary considerations in sexual assault investigations, which begin with the initial call to the Communications Center, should be the health and safety of the victim, the preservation of evidence, and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect.
Whenever possible, a member of SART should be included in the initial victim interviews.
An in-depth follow-up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met (e.g., change of clothes, bathing). The follow-up interview may be delayed to the following day based upon the circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator.
No opinion of whether the case is unfounded should be included in the report.
Victims shall not be asked or required to take a polygraph examination (34 USC § 10451; Penal Code § 637.4).
Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and Witness Assistance Policy.
601.5.1 VICTIM RIGHTS
Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following:
(a) Advise the victim in writing of the right to have a victim advocate and a support person of the victim's choosing present at any interview or contact by law enforcement, any other rights of a sexual assault victim pursuant to Penal Code § 680.2, and the right to have a person of the same or opposite gender present in the room during any interview with a law enforcement official unless no such person is reasonably available (Penal Code § 679.04).
(b) If the victim is transported to a hospital for any medical evidentiary or physical examination, the officer shall immediately cause the local rape victim counseling center to be notified (Penal Code § 264.2).
1. The officer shall not discourage a victim from receiving a medical evidentiary or physical examination (Penal Code § 679.04).
2. A support person may be excluded from the examination by the officer or the medical provider if his/her presence would be detrimental to the purpose of the examination (Penal Code § 264.2).
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601.5.2 VICTIM CONFIDENTIALITY
Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that his/her name will become a matter of public record unless the victim requests that his/her name not be made public. The reporting officer shall document in his/her report that the victim was properly informed and shall include any related response made by the victim, or if a minor, any response made by the victim’s parent or guardian (Penal Code § 293).
Except as authorized by law, members of this department shall not publicly disclose the name of any victim of a sex crime who has exercised his/her right to confidentiality (Penal Code § 293). 601.6 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE
Whenever possible, a SART member should be involved in the collection of forensic evidence from the victim.
When the facts of the case indicate that collection of biological evidence is warranted, it should be collected regardless of how much time has elapsed since the reported assault.
If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from the victim as soon as practicable.
Subject to requirements set forth in this policy, biological evidence from all sexual assault cases, including cases where the suspect is known by the victim, should be submitted for testing.
Victims who choose not to assist with an investigation, do not desire that the matter be investigated, or wish to remain anonymous may still consent to the collection of evidence under their control. In these circumstances, the evidence should be collected and stored appropriately. 601.6.1 COLLECTION AND TESTING REQUIREMENTS
Members investigating a sexual assault offense should take every reasonable step to ensure that DNA testing of such evidence is performed in a timely manner and within the time periods prescribed by Penal Code § 803(g). SAFE kits should be submitted to the crime lab within 20 days after being booked into evidence (Penal Code § 680).
In order to maximize the effectiveness of such testing and identify the perpetrator of any sexual assault, the assigned officer shall ensure that an information profile for the SAFE kit evidence has been created in the California Department of Justice (DOJ) SAFE-T database within 120 days of collection and should further ensure that the results of any such test have been timely entered into and checked against both the DOJ Cal-DNA database and the Combined DNA Index System (CODIS) (Penal Code § 680.3).
If the assigned officer determines that a SAFE kit submitted to a private laboratory for analysis has not been tested within 120 days after submission, the officer shall update the SAFE-T database to reflect the reason for the delay in testing. The assigned officer shall continue to update the status every 120 days thereafter until the evidence has been analyzed or the statute of limitations has run (Penal Code § 680.3).
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If, for any reason, DNA evidence in a sexual assault case in which the identity of the perpetrator is in issue and is not going to be analyzed within 18 months of the crime, the assigned officer shall notify the victim of such fact in writing no less than 60 days prior to the expiration of the 18- month period (Penal Code § 680).
Additional guidance regarding evidence retention and destruction is found in the Property and Evidence Policy.
601.6.2 DNA TEST RESULTS
A SART member should be consulted regarding the best way to deliver biological testing results to a victim so as to minimize victim trauma, especially in cases where there has been a significant delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA databank hits). Members should make reasonable efforts to assist the victim by providing available information on local assistance programs and organizations as provided in the Victim and Witness Assistance Policy.
(a) Upon receipt of a written request from a sexual assault victim or the victim’s authorized designee, members investigating sexual assault cases shall inform the victim of the status of the DNA testing of any evidence from the victim’s case (Penal Code § 680). (a) Although such information may be communicated orally, the assigned detective should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail.
(b) Absent a written request, no member of this department is required to, but may, communicate with the victim or the victim’s authorized designee regarding the status of any DNA testing.
(b) Subject to the commitment of sufficient resources to respond to requests for information, sexual assault victims shall further have the following rights (Penal Code § 680):
(a) To be informed if a DNA profile of the assailant was obtained from the testing of the SAFE kit or other crime scene evidence from their case. (b) To be informed if there is a match between the DNA profile of the assailant developed from the evidence and a DNA profile contained in the DOJ Convicted Offender DNA Database, providing that disclosure would not impede or compromise an ongoing investigation.
(c) To be informed if the DNA profile of the assailant developed from the evidence has been entered into the DOJ Databank of case evidence. (c) Provided that the sexual assault victim or the victim’s authorized designee has kept the assigned detective informed with regard to current address, telephone number, and email address (if available), any victim or the victim’s authorized designee shall, upon request, be advised of any known significant changes regarding the victim’s case (Penal Code § 680).
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(a) Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail.
(b) No officer/ detective shall be required or expected to release any information which might impede or compromise any ongoing investigation. 601.6.3 STANDARDIZED SEXUAL ASSAULT FORENSIC MEDICAL EVIDENCE KIT The Property and Evidence Bureau supervisor should make California standardized sexual assault forensic medical evidence (SAFE) kits available to members who may investigate sexual assault cases. Members investigating a sexual assault should use these SAFE kits when appropriate and follow related usage guidelines issued by the California Clinical Forensic Medical Training Center (Penal Code § 13823.14).
601.7 DISPOSITION OF CASES
If the assigned investigator has reason to believe the case is without merit, the case may be classified as unfounded only upon review and approval of the Criminal Investigations Section supervisor.
Classification of a sexual assault case as unfounded requires the Criminal Investigations Section supervisor to determine that the facts have significant irregularities with reported information and that the incident could not have happened as it was reported. When a victim has recanted his/ her original statement, there must be corroborating evidence that the allegations were false or baseless (i.e., no crime occurred) before the case should be determined as unfounded. 601.8 CASE REVIEW
The Criminal Investigations Section sergeant should ensure case dispositions are reviewed on a periodic basis, at least annually, using an identified group that is independent of the investigation process. The reviews should include an analysis of:
• Case dispositions.
• Decisions to collect biological evidence.
• Submissions of biological evidence for lab testing.
The SART and/or victim advocates should be considered for involvement in this audit. Summary reports on these reviews should be forwarded through the chain of command to the Chief of Police. 601.9 RELEASING INFORMATION TO THE PUBLIC
In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes where more than one appear to be related, consideration should be given to releasing information to the public whenever there is a reasonable likelihood that doing so may result in developing helpful investigative leads. The Criminal Investigations Section sergeant should weigh the risk of alerting the suspect to the investigation with the need to protect the victim and the public, and to prevent more crimes.
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601.10 TRAINING
Subject to available resources, periodic training should be provided to:
(a) Members who are first responders. Training should include:
1. Initial response to sexual assaults.
2. Legal issues.
3. Victim advocacy.
4. Victim’s response to trauma.
5. Proper use and handling of the California standardized SAFE kit (Penal Code § 13823.14).
(b) Qualified investigators, who should receive advanced training on additional topics.
Advanced training should include:
1. Interviewing sexual assault victims.
2. SART.
3. Medical and legal aspects of sexual assault investigations.
4. Serial crimes investigations.
5. Use of community and other federal and state investigative resources, such as the Violent Criminal Apprehension Program (ViCAP).
6. Techniques for communicating with victims to minimize trauma. 601.11
Policy
602
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Asset Forfeiture
602.1 PURPOSE AND SCOPE
This policy describes the authority and procedure for the seizure, forfeiture and liquidation of property associated with designated offenses.
602.1.1 DEFINITIONS
Definitions related to this policy include:
Fiscal agent - The person designated by the Chief of Police to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings.
This includes any time the Emeryville Police Department seizes property for forfeiture or when the Emeryville Police Department is acting as the fiscal agent pursuant to a multi-agency agreement.
Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority.
Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible for reviewing all forfeiture cases and for acting as the liaison between the Department and the assigned attorney.
Property subject to forfeiture - The following may be subject to forfeiture:
(a) Property related to a narcotics offense, which includes (Heath and Safety Code § 11470; Health and Safety Code § 11470.1):
1. Property (not including real property or vehicles) used, or intended for use, as a container for controlled substances, materials to manufacture controlled substances, etc.
2. Interest in a vehicle (car, boat, airplane, other vehicle) used to facilitate the manufacture, possession for sale or sale of specified quantities of controlled substances.
3. Money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, proceeds traceable to an exchange, etc.
4. Real property when the owner is convicted of violating Health and Safety Code § 11366, Health and Safety Code § 11366.5 or Health and Safety Code § 11366.6 (drug houses) when the property was not used as a family residence or for other lawful purposes, or property owned by two or more persons, one of whom had no knowledge of its unlawful use.
5. The expenses of seizing, eradicating, destroying or taking remedial action with respect to any controlled substance or its precursors upon conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors. (b) Property related to criminal profiteering (may include gang crimes), to include (Penal Code § 186.2; Penal Code § 186.3):
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1. Any property interest, whether tangible or intangible, acquired through a pattern of criminal profiteering activity.
2. All proceeds acquired through a pattern of criminal profiteering activity, including all things of value that may have been received in exchange for the proceeds immediately derived from the pattern of criminal profiteering activity.
Seizure - The act of law enforcement officials taking property, cash or assets that have been used in connection with or acquired by specified illegal activities. 602.2 POLICY
The Emeryville Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the potential for revenue should never compromise the effective investigation of criminal offenses, officer safety or any person’s due process rights.
It is the policy of the Emeryville Police Department that all members, including those assigned to internal or external law enforcement task force operations, shall comply with all state and federal laws pertaining to forfeiture.
602.3 ASSET SEIZURE
Property may be seized for forfeiture as provided in this policy. 602.3.1 PROPERTY SUBJECT TO SEIZURE
The following may be seized upon review and approval of a supervisor and in coordination with the forfeiture reviewer:
(a) Property subject to forfeiture authorized for seizure under the authority of a search warrant or court order.
(b) Property subject to forfeiture not authorized for seizure under the authority of a search warrant or court order when any of the following apply (Health and Safety Code § 11471; Health and Safety Code § 11488):
1. The property subject to forfeiture is legally seized incident to an arrest.
2. There is probable cause to believe that the property was used or is intended to be used in a violation of the Uniform Controlled Substances Act and the seizing officer can articulate a nexus between the property and the controlled substance offense that would lead to the item being property subject for forfeiture.
Officers aware of assets that may be forfeitable as a result of criminal profiteering or human trafficking should consider contacting the district attorney regarding a court order to protect the assets (Penal Code § 186.6; Penal Code § 236.6).
Whenever practicable, a search warrant or court order for seizure prior to making a seizure is the preferred method.
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A large amount of money standing alone is insufficient to establish the probable cause required to make a seizure.
602.3.2 PROPERTY NOT SUBJECT TO SEIZURE
The following property should not be seized for forfeiture:
(a) Cash and property that does not meet the forfeiture counsel’s current minimum forfeiture thresholds should not be seized.
(b) Real property is not subject to seizure, absent exigent circumstances, without a court order (Health and Safety Code § 11471).
(c) A vehicle which may be lawfully driven on the highway if there is a community property interest in the vehicle by a person other than the suspect and the vehicle is the sole vehicle available to the suspect’s immediate family (Health and Safety Code § 11470). (d) Vehicles, boats or airplanes owned by an “innocent owner,” such as a common carrier with no knowledge of the suspected offense (Health and Safety Code § 11490). (e) Any property when the associated activity involves the possession of marijuana or related paraphernalia that is permissible under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1). 602.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS When property or cash subject to this policy is seized, the officer making the seizure should ensure compliance with the following:
(a) Complete applicable seizure forms and present the appropriate copy to the person from whom the property is seized. If cash or property is seized from more than one person, a separate copy must be provided to each person, specifying the items seized.
When property is seized and no one claims an interest in the property, the officer must leave the copy in the place where the property was found, if it is reasonable to do so. (b) Complete and submit a report and original seizure forms within 24 hours of the seizure, if practicable.
(c) Forward the original seizure forms and related reports to the forfeiture reviewer within two days of seizure.
The officer will book seized property as evidence with the notation in the comment section of the property form, “Seized Subject to Forfeiture.” Property seized subject to forfeiture should be booked on a separate property form. No other evidence from the case should be booked on this form.
Photographs should be taken of items seized, particularly cash, jewelry and other valuable items.
Officers who suspect property may be subject to seizure but are not able to seize the property (e.g., the property is located elsewhere, the whereabouts of the property is unknown, it is real Emeryville Police Department
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estate, bank accounts, non-tangible assets) should document and forward the information in the appropriate report to the forfeiture reviewer.
602.5 MAINTAINING SEIZED PROPERTY
The Police Property and Evidence Technician is responsible for ensuring compliance with the following:
(a) All property received for forfeiture is reasonably secured and properly stored to prevent waste and preserve its condition.
(b) All property received for forfeiture is checked to determine if the property has been stolen.
(c) All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or the property is returned to the claimant or the person with an ownership interest.
(d) Property received for forfeiture is not used unless the forfeiture action has been completed.
602.6 FORFEITURE REVIEWER
The Chief of Police will appoint an officer as the forfeiture reviewer. Prior to assuming duties, or as soon as practicable thereafter, the forfeiture reviewer should attend a department-approved course on asset forfeiture.
The responsibilities of the forfeiture reviewer include:
(a) Remaining familiar with forfeiture laws, particularly Health and Safety Code § 11469 et seq. and Penal Code § 186.2 et seq. and the forfeiture policies of the forfeiture counsel.
(b) Serving as the liaison between the Department and the forfeiture counsel and ensuring prompt legal review of all seizures.
(c) Making reasonable efforts to obtain annual training that includes best practices in pursuing, seizing and tracking forfeitures.
(d) Ensuring that property seized under state law is not referred or otherwise transferred to a federal agency seeking the property for federal forfeiture as prohibited by Health and Safety Code § 11471.2.
(e) Ensuring that responsibilities, including the designation of a fiscal agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case. (f) Ensuring that seizure forms are available and appropriate for department use. These should include notice forms, a receipt form and a checklist that provides relevant guidance to officers. The forms should be available in languages appropriate for the region and should contain spaces for:
1. Names and contact information for all relevant persons and law enforcement officers involved.
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2. Information as to how ownership or other property interests may have been determined (e.g., verbal claims of ownership, titles, public records).
3. A space for the signature of the person from whom cash or property is being seized.
4. A tear-off portion or copy, which should be given to the person from whom cash or property is being seized, that includes the legal authority for the seizure, information regarding the process to contest the seizure and a detailed description of the items seized.
(g) Ensuring that officers who may be involved in asset forfeiture receive training in the proper use of the seizure forms and the forfeiture process. The training should be developed in consultation with the appropriate legal counsel and may be accomplished through traditional classroom education, electronic media, Daily Training Bulletins (DTBs) or Department Directives. The training should cover this policy and address any relevant statutory changes and court decisions.
(h) Reviewing each asset forfeiture case to ensure that:
1. Written documentation of the seizure and the items seized is in the case file.
2. Independent legal review of the circumstances and propriety of the seizure is made in a timely manner.
3. Notice of seizure has been given in a timely manner to those who hold an interest in the seized property (Health and Safety Code § 11488.4).
4. Property is promptly released to those entitled to its return (Health and Safety Code § 11488.2).
5. All changes to forfeiture status are forwarded to any supervisor who initiates a forfeiture case.
6. Any cash received is deposited with the fiscal agent.
7. Assistance with the resolution of ownership claims and the release of property to those entitled is provided.
8. Current minimum forfeiture thresholds are communicated appropriately to officers.
9. This policy and any related policies are periodically reviewed and updated to reflect current federal and state statutes and case law. (i) Ensuring that a written plan that enables the Chief of Police to address any extended absence of the forfeiture reviewer, thereby ensuring that contact information for other law enforcement officers and attorneys who may assist in these matters is available. (j) Ensuring that the process of selling or adding forfeited property to the department’s regular inventory is in accordance with all applicable laws and consistent with the department’s use and disposition of similar property.
(k) Keeping a manual that details the statutory grounds for forfeitures and department procedures related to asset forfeiture, including procedures for prompt notice to Emeryville Police Department
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interest holders, the expeditious release of seized property, where appropriate, and the prompt resolution of claims of innocent ownership (Heath and Safety Code § 11469). (l) Providing copies of seized business records to the person or business from whom such records were seized, when requested (Heath and Safety Code §11471). (m) Notifying the California Franchise Tax Board when there is reasonable cause to believe that the value of seized property exceeds $5,000.00 (Health and Safety Code § 11471.5).
Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate accounting control, with regular reviews or audits of all deposits and expenditures.
Forfeiture reporting and expenditures should be completed in the manner prescribed by the law and City financial directives (Health and Safety Code § 11495). 602.7 DISPOSITION OF FORFEITED PROPERTY
Forfeited funds distributed under Health and Safety Code § 11489 et seq. shall only be used for purposes allowed by law, but in no case shall a peace officer’s employment or salary depend upon the level of seizures or forfeitures he/she achieves (Heath and Safety Code § 11469).
The Department may request a court order so that certain uncontaminated science equipment is relinquished to a school or school district for science classroom education in lieu of destruction (Health and Safety Code § 11473; Health and Safety Code § 11473.5). 602.7.1 RECEIVING EQUITABLE SHARES
When participating in a joint investigation with a federal agency, the Emeryville Police Department shall not receive an equitable share from the federal agency of all or a portion of the forfeiture proceeds absent either a required conviction under Health and Safety Code § 11471.2 or the flight, death or willful failure to appear of the defendant. This does not apply to forfeited cash or negotiable instruments of $40,000 or more.
602.8 CLAIM INVESTIGATIONS
An investigation shall be made as to any claimant of a vehicle, boat or airplane whose right, title, interest or lien is on the record in the Department of Motor Vehicles or in an appropriate federal agency. If investigation reveals that any person, other than the registered owner, is the legal owner, and that ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, boat or airplane, notice shall be made to the legal owner at his/her address appearing on the records of the Department of Motor Vehicles or the appropriate federal agency (Health and Safety Code § 11488.4).
Policy
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Informants
603.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the use of informants. 603.1.1 DEFINITIONS
Definitions related to this policy include:
Informant - A person who covertly interacts with other individuals or suspects at the direction of, request of, or by agreement with, the Emeryville Police Department for law enforcement purposes.
This also includes a person agreeing to supply information to the Emeryville Police Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money). 603.2 POLICY
The Emeryville Police Department recognizes the value of informants to law enforcement efforts and will strive to protect the integrity of the informant process.It is the policy of this department that all funds related to informant payments will be routinely audited and that payments to informants will be made according to the criteria outlined in this policy. 603.3 INFORMANT FILES
Informant files shall be utilized as a source of background information about the informant, to enable review and evaluation of information provided by the informant, and to minimize incidents that could be used to question the integrity of department members or the reliability of the informant.
Informant files shall be maintained in a secure area within the Criminal Investigations Section.
The Criminal Investigations Section supervisor or the authorized designee shall be responsible for maintaining informant files. Access to the informant files shall be restricted to the Chief of Police, Division Captain, Criminal Investigations Section supervisor or their authorized designees.
The Professional Services and Standards Division Captain should arrange for an audit using a representative sample of randomly selected informant files on a periodic basis, but no less than one time per year. If the Criminal Investigations Section supervisor is replaced, the files will be audited before the new supervisor takes over management of the files. The purpose of the audit is to ensure compliance with file content and updating provisions of this policy. The audit should be conducted by a supervisor who does not have normal access to the informant files. 603.3.1 FILE SYSTEM PROCEDURE
A separate file shall be maintained on each informant and shall be coded with an assigned informant control number. An informant history that includes the following information shall be prepared for each file:
(a) Name and aliases
(b) Date of birth
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(c) Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos or other distinguishing features
(d) Photograph
(e) Current home address and telephone numbers
(f) Current employers, positions, addresses and telephone numbers (g) Vehicles owned and registration information
(h) Places frequented
(i) Briefs of information provided by the informant and his/her subsequent reliability
1. If an informant is determined to be unsuitable, the informant's file is to be marked "unsuitable" and notations included detailing the issues that caused this classification.
(j) Name of the officer initiating use of the informant (k) Signed informant agreement
(l) Update on active or inactive status of informant
603.4 USE OF INFORMANTS
603.4.1 INITIAL APPROVAL
Before using an individual as an informant, an officer must receive approval from his/her supervisor. The officer shall compile sufficient information through a background investigation and experience with the informant in order to determine the suitability of the individual, including age, maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility.
Members of this department should not guarantee absolute safety or confidentiality to an informant.
603.4.2 JUVENILE INFORMANTS
The use of informants under the age of 13 is prohibited.
Except for the enforcement of laws related to the commercial sale of alcohol, marijuana or tobacco products, a juvenile 13 years of age or older may only be used as an informant with the written consent of each of the following:
(a) The juvenile’s parents or legal guardians
(b) The juvenile’s attorney, if any
(c) The court in which the juvenile’s case is being handled, if applicable (Penal Code § 701.5)
(d) The Chief of Police or the authorized designee
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603.4.3 INFORMANT AGREEMENTS
All informants are required to sign and abide by the provisions of the designated department informant agreement. The officer using the informant shall discuss each of the provisions of the agreement with the informant.
Details of the agreement are to be approved in writing by a supervisor before being finalized with the informant.
603.5 INFORMANT INTEGRITY
To maintain the integrity of the informant process, the following must be adhered to:
(a) The identity of an informant acting in a confidential capacity shall not be withheld from the Chief of Police, Division Captain, Criminal Investigations Section supervisor or their authorized designees.
1. Identities of informants acting in a confidential capacity shall otherwise be kept confidential.
(b) Criminal activity by informants shall not be condoned. (c) Informants shall be told they are not acting as police officers, employees or agents of the Emeryville Police Department, and that they shall not represent themselves as such.
(d) The relationship between department members and informants shall always be ethical and professional.
1. Members shall not become intimately involved with an informant.
2. Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the Criminal Investigations Section supervisor.
3. Members shall neither solicit nor accept gratuities or engage in any private business transaction with an informant.
(e) Officers shall not meet with informants in a private place unless accompanied by at least one additional officer or with prior approval of the Criminal Investigations Section supervisor.
1. Officers may meet informants alone in an occupied public place, such as a restaurant.
(f) When contacting informants for the purpose of making payments, officers shall arrange for the presence of another officer.
(g) In all instances when department funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses.
(h) Since the decision rests with the appropriate prosecutor, officers shall not promise that the informant will receive any form of leniency or immunity from criminal prosecution.
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603.5.1 UNSUITABLE INFORMANTS
The suitability of any informant should be considered before engaging him/her in any way in a covert or other investigative process. Members who become aware that an informant may be unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a determination has been made by a supervisor, the informant should not be used by any member.
The supervisor shall determine whether the informant should be used by the Department and, if so, what conditions will be placed on his/her participation or any information the informant provides. The supervisor shall document the decision and conditions in file notes and mark the file “unsuitable” when appropriate.
Considerations for determining whether an informant is unsuitable include, but are not limited to, the following:
(a) The informant has provided untruthful or unreliable information in the past. (b) The informant behaves in a way that may endanger the safety of an officer. (c) The informant reveals to suspects the identity of an officer or the existence of an investigation.
(d) The informant appears to be using his/her affiliation with this department to further criminal objectives.
(e) The informant creates officer-safety issues by providing information to multiple law enforcement agencies simultaneously, without prior notification and approval of each agency.
(f) The informant engages in any other behavior that could jeopardize the safety of officers or the integrity of a criminal investigation.
(g) The informant commits criminal acts subsequent to entering into an informant agreement.
603.6 INFORMANT PAYMENTS
No informant will be told in advance or given an exact amount of payment for his/her service. The amount of funds to be paid to any informant will be evaluated against the following criteria:
• The extent of the informant's personal involvement in the case. • The significance, value or effect on crime.
• The value of assets seized.
• The quantity of the drugs or other contraband seized. • The informant’s previous criminal activity.
• The level of risk taken by the informant.
The Criminal Investigations Section sergeant will discuss the above factors with the Division Captain.
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603.6.1 PAYMENT PROCESS
Approved payments to an informant should be in cash using the following process:
(a) Payments of $500 and under may be paid in cash from a Criminal Investigations Section buy/expense fund.
1. The Criminal Investigations Section supervisor shall sign the voucher for cash payouts from the buy/expense fund.
(b) Payments exceeding $500 shall be made by issuance of a check. (a) The check shall list the case numbers related to and supporting the payment. (b) A written statement of the informant's involvement in the case shall be placed in the informant's file.
(c) The statement shall be signed by the informant verifying the statement as a true summary of his/her actions in the case.
(d) Authorization signatures from the Chief of Police and the City Manager are required for disbursement of the funds.
(c) To complete the payment process for any amount, the officer delivering the payment shall complete a cash transfer form.
1. The cash transfer form shall include the following:
(a) Date
(b) Payment amount
(c) Emeryville Police Department case number
(d) A statement that the informant is receiving funds in payment for information voluntarily rendered.
2. The cash transfer form shall be signed by the informant.
3. The cash transfer form will be kept in the informant's file. 603.6.2 REPORTING OF PAYMENTS
Each informant receiving a cash payment shall be advised of his/her responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such documentation or reporting may reveal the identity of the informant and by doing so jeopardize any investigation, the safety of officers or the safety of the informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued.
In such cases, the informant shall be provided a letter identifying the amount he/she must report on a tax return as “other income” and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the informant’s file.
Emeryville Police Department
Emeryville PD Policy Manual
Informants
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Published with permission by Emeryville Police Department Informants - 484
603.6.3 AUDIT OF PAYMENTS
The Criminal Investigations Section supervisor or the authorized designee shall be responsible for compliance with any audit requirements associated with grant provisions and applicable state and federal law.
At least once every six months, the Chief of Police or the authorized designee should conduct an audit of all informant funds for the purpose of accountability and security of the funds. The funds and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts and logs) will assist with the audit process.
Policy
604
Emeryville Police Department
Emeryville PD Policy Manual
Copyright Lexipol, LLC 2022/03/29, All Rights Reserved.
Published with permission by Emeryville Police Department Eyewitness Identification - 485
Eyewitness Identification
604.1 PURPOSE AND SCOPE
This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques (Penal Code § 859.7).
604.1.1 DEFINITIONS
Definitions related to the policy include:
Eyewitness identification process - Any field identification, live lineup or photographic identification.
Field identification - A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect.
Live lineup - A live presentation of individuals to a witness for the purpose of identifying or eliminating an individual as the suspect.
Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect.
604.2 POLICY
The Emeryville Police Department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent.
604.3 INTERPRETIVE SERVICES
Members should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers.
Before the interpreter is permitted to discuss any matter with the witness, the investigating member should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy.
604.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM
The Criminal Investigations Section supervisor shall be responsible for the development and maintenance of an eyewitness identification process for use by members when they are conducting eyewitness identifications.
The process should include appropriate forms or reports that provide (Penal Code § 859.7):
(a) The date, time and location of the eyewitness identification procedure. (b) The name and identifying information of the witness.
Emeryville Police Department
Emeryville PD Policy Manual
Eyewitness Identification
Copyright Lexipol, LLC 2022/03/29, All Rights Reserved.
Published with permission by Emeryville Police Department Eyewitness Identification - 486
(c) The name of the person administering the identification procedure. (d) If applicable, the names of all of the individuals present during the identification procedure.
(e) An instruction to the witness that it is as important to exclude innocent persons as it is to identify a perpetrator.
(f) An instruction to the witness that the perpetrator may or may not be among those presented and that the witness is not obligated to make an identification. (g) If the identification process is a photographic or live lineup, an instruction to the witness that the perpetrator may not appear exactly as he/she did on the date of the incident. (h) An instruction to the witness that the investigation will continue regardless of whether an identification is made by the witness.
(i) A signature line where the witness acknowledges that he/she understands the identification procedures and instructions.
(j) A statement from the witness in the witness's own words describing how certain he/ she is of the identification or non-identification. This statement should be taken at the time of the identification procedure.
(k) Any other direction to meet the requirements of Penal Code § 859.7, including direction regarding blind or blinded administrations and filler selection.
The process and related forms should be reviewed at least annually and modified when necessary. 604.5 EYEWITNESS IDENTIFICATION
Members are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case.
Members should avoid mentioning that:
• The individual was apprehended near the crime scene.
• The evidence points to the individual as the suspect. • Other witnesses have identified or failed to identify the individual as the suspect.
In order to avoid undue influence, witnesses should view suspects or a lineup individually and outside the presence of other witnesses. Witnesses should be instructed to avoid discussing details of the incident or of the identification process with other witnesses.
The eyewitness identification procedure should be audio and video recorded and the recording should be retained according to current evidence procedures. When it is not feasible to make a recording with both audio and visual representations, an audio recording should be made (Penal Code § 859.7).
604.6 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS When practicable, the member presenting the lineup should not be involved in the investigation of the case or know the identity of the suspect. When practical, in no case should the member Emeryville Police Department
Emeryville PD Policy Manual
Eyewitness Identification
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presenting a lineup to a witness know which photograph or person in the lineup is being viewed by the witness (Penal Code § 859.7). Techniques to achieve this include randomly numbering photographs, shuffling folders, or using a computer program to order the persons in the lineup.
Individuals in the lineup should reasonably match the description of the perpetrator provided by the witness and should bear similar characteristics to avoid causing any person to unreasonably stand out. In cases involving multiple suspects, a separate lineup should be conducted for each suspect.
The suspects should be placed in a different order within each lineup (Penal Code § 859.7).
The member presenting the lineup should do so sequentially (i.e., show the witness one person at a time) and not simultaneously. The witness should view all persons in the lineup.
A live lineup should only be used before criminal proceedings have been initiated against the suspect. If there is any question as to whether any criminal proceedings have begun, the investigating member should contact the appropriate prosecuting attorney before proceeding. 604.6.1 OTHER SAFEGUARDS
Witnesses should be asked for suspect descriptions as close in time to the incident as possible and before conducting an eyewitness identification. No information concerning a suspect should be given prior to obtaining a statement from the witness describing how certain he/she is of the identification or non-identification. Members should not say anything to a witness that that may validate or invalidate an eyewitness’ identification. In photographic lineups, writings or information concerning any previous arrest of a suspect shall not be visible to the witness (Penal Code § 859.7).
604.7 FIELD IDENTIFICATION CONSIDERATIONS
Field identifications, also known as field elimination show-ups or one-on-one identifications, may be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo or live lineup identifications. In such cases a live or photo lineup is the preferred course of action if eyewitness identification is contemplated.
When initiating a field identification, the member should observe the following guidelines:
(a) Obtain a complete description of the suspect from the witness. (b) Assess whether a witness should be included in a field identification process by considering:
(a) The length of time the witness observed the suspect. (b) The distance between the witness and the suspect.
(c) Whether the witness could view the suspect’s face.
(d) The quality of the lighting when the suspect was observed by the witness. (e) Whether there were distracting noises or activity during the observation. (f) Any other circumstances affecting the witness’s opportunity to observe the suspect.
Emeryville Police Department
Emeryville PD Policy Manual
Eyewitness Identification
Copyright Lexipol, LLC 2022/03/29, All Rights Reserved.
Published with permission by Emeryville Police Department Eyewitness Identification - 488
(g) The length of time that has elapsed since the witness observed the suspect. (c) If safe and practicable, the person who is the subject of the show-up should not be handcuffed or in a patrol vehicle.
(d) When feasible, members should bring the witness to the location of the subject of the show-up, rather than bring the subject of the show-up to the witness. (e) The person who is the subject of the show-up should not be shown to the same witness more than once.
(f) In cases involving multiple suspects, witnesses should only be permitted to view the subjects of the show-up one at a time.
(g) The person who is the subject of the show-up should not be required to put on clothing worn by the suspect, to speak words uttered by the suspect or to perform other actions mimicking those of the suspect.
(h) If a witness positively identifies a subject of the show-up as the suspect, members should not conduct any further field identifications with other witnesses for that suspect. In such instances members should document the contact information for any additional witnesses for follow up, if necessary.
604.8 DOCUMENTATION
A thorough description of the eyewitness process and the result of any eyewitness identification should be documented in the case report.
If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness should be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. 604.8.1 DOCUMENTATION RELATED TO RECORDINGS
The handling member shall document the reason that a video recording or any other recording of an identification was not obtained (Penal Code § 859.7). 604.8.2 DOCUMENTATION RELATED TO BLIND ADMINISTRATION
If a presentation of a lineup is not conducted using blind administration, the handling member shall document the reason (Penal Code § 859.7).
Policy
605
Emeryville Police Department
Emeryville PD Policy Manual
Copyright Lexipol, LLC 2022/03/29, All Rights Reserved.
Published with permission by Emeryville Police Department Brady Material Disclosure - 489
Brady Material Disclosure
605.1 PURPOSE AND SCOPE
This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called “Brady information”) to a prosecuting attorney. 605.2 POLICY
The Emeryville Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Emeryville Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The Department will identify and disclose to the prosecution potentially exculpatory information, as provided in this policy. 605.3 DISCLOSURE OF INVESTIGATIVE INFORMATION
Officers must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor’s office.