PCSO LEO Sergeant's Exam

Illegal Search and Seizure

"a consent to search, given after illegal police conduct, is presumptively tainted and is deemed involuntary absent clear and convincing proof of an unequivocal break in thhe chain of official illegal action."

Evaluation of Suggestions

*If duplicate suggestions are received, the first one received will be eligible. *If a group suggestion is approved, the award is divided equally among the members.

Graham v. Conner 1989 U.S. Supreme Court

*In some situations, the use of deadly force is reasonable within the meaning of the Fourth Amendment. *Deadly force does not mean force that necessarily results in the death of the suspect, but rather a level of force that is reasonably likely to cause death or serious bodily injury. The U.S. Supreme Court has described the circumstances under which the use of deadly force may be reasonably for purposes of Fourth Amendment analysis, and therefore permissible.

Providing False Information to LEO

*Knowingly and willfully providing false information to a law enforcement officer conducting a missing persons or felony criminal investigation with intent to mislead the officer or impede the investigation is a misdemeanor of the first degree. F.S.837.055

Use of Annual or Sick Leave during FMLA

A member who takes FMLA leave shall be required to use accrued leave during the FMLA period. However, the member's accrued leave bank shall not be depleted below an 80 hour accumulated reserve, unless requested by the member. A member shall be entitled to accumulation of all benefits under the appropriate paid leave status while on Family Medical Leave. (G.O.6-18.8 A)

Aggressive Resistance

A subject's attacking movements toward a deputy that may cause injury but are not likely to cause death or great bodily harm to the deputy or others. Example: include a subject balling up his fists as he approaches the deputy, a subject pushing the deputy back as the deputy tries to take the subject into custody or the subject grabs any part of the deputy's body.

Procedure for Recognition Awards Program

All nominations for a Recognition Award shall be submitted on an agency Recognition Nomination Form. The nominees for no more than one incident shall be submitted per form. The full name of each nominee will be listed on the form, no nicknames.

Property / Evidence Submission Labels

All property, with the exception of drugs, shall be listed on a Property and Evidence Label to include make, model and serial number where applicable. All drug evidence shall be listed on a Drug Evidence Label to include special instructions such as hold, analyze or destroy. (G.O.7-2.2 (B)1-2)

Personal Information Form

Annually, at the time of the member's annual performance appraisal, supervisors shall ensure each member update their information which is maintained by the Human Resources Division. (G.O.4-12.4 A)

False Complaint of Sexual Harassment

Any employee who knowingly files a false complaint of sexual harassment against another employee is also subject to disciplinary action. Agencies shall not tolerate retaliation against any person who has in good faith filed a complaint, opposed a complaint, or participated in any manner in an investigation or proceeding, involving allegations of sexual harassment.

Level Three Violation - Refusal to Testify

Any member appearing as a witness before an official investigative body, judicial tribunal, hearing board, or person authorized to take testimony shall cooperate fully. 3-1.3 3.25

Eligible Member for FMLA

Any member provided they have been employed by the Sheriff's Office for at least 12 months and have worked at least 1,250 hours during the 12 months preceding their leave. (G.O.6-18 C)

Found Property with identified owner

Any property which does have an identified owner and does not have evidentiaryvalue. Case agents will attempt to notify the owner. Property will be disposed of if not claimed within 90 days. (G.O.7-2 E)

Lost Property - no identified owner

Any property which does not have an identified owner or evidentiary value. This property will be disposed of by the Property and Evidence Division after 90 days. (G.O.7-2 G)

Safekeeping Property

Any property which has a known owner and does not have evidentiary value. Case agents shall notify the owner(s) that their property will be disposed of after 60 days. (G.O.7-2 N)

Contaminated Agency Vehicles Requiring Cleaning

Disinfecting from potentially infectious materials shall be deadlined at the Fleet Services Division. The Fleet Services Division will contact Crime Scene Clean-Up to provide decontamination of the vehicle. (G.O.4-18.8 G)

Annual Evaluation of the System

Each January, the Inspections Bureau shall evaluate the Personnel Intervention System to determine if it is providing the data necessary to enable the agency to provide timely information for supervisors and commanders and appropriate intervention for the members on whom a review was initiated. (G.O.4-19.4)

Probable-Cause Standard

Is incapable of precise definition or quantification into percentages because it deals with probabilities and depends on the totality of the circumstances.

Referral to a Drug/Alcohol Dependency Program

Members participating in an Employee Assistance Program, whether voluntary or involuntarily, will not have their employment or job security interrupted or jeopardized solely due to participation in assessment, drug screening, treatment or outpatient counseling. (G.O.4-19a.20E)

Member Returning to Work After Treatment

Members returning from mandatory treatment may be required to sign an Agreement of Recovery, if deemed appropriate by the Sheriff. The Sheriff may also require the member to participate in additional training, if deemed appropriate. (G.O.4-19a.4)

Surrender of Departmental Property

Members separating employment from the agency, voluntarily or involuntarily, are required to surrender all issued property prior to receiving their final paycheck. Issued property includes: uniforms, weapons and related equipment, identification cards, metal badges and wallet ID holder. Members may be charged for lost or damaged items. Prior to the employment separation date, the member must complete an Exit Clearance Form found in Agency Forms on the Sheriff's Office Network (SONET). **The exit clearance process starts with the member's immediate supervisor. The member is responsible for visiting each applicable clearing section on the form and obtaining the signature of each clearing authority, ending with the Payroll Section in the Fiscal Affairs Office. After the Payroll Section completes the form, two copies of the completed form will be made with the original retained by the member. One copy will be forwarded to the Human R. esources Division to be place in the member's personnel file and one copy will be retained by the Payroll Section. (G.O.6-16.2 A-C)

Level Three Violation - Consumption of Intoxicants

Members shall not consume intoxicants while off duty to the extent that evidence of such consumption is apparent when reporting for duty, or to the extent that ability to perform duty is impaired. 3-1.3 3.35

Peace Officer

Peace Officer making an arrest by warrant may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be, after the peace officer has announced his or her authority and purpose and fails to gain admittance. Under F.S. 901.19

Personal Leave

Personal leave hours must be used during the calendar year for any time off from work before a member may use either vacation leave or compensatory time. (G.O.6-10.3B)

Who is Authorized to Serve Papers

Persons authorized to serve papers include the sheriff or deputies in the county where the person to be served is located or any competent person appointed by the Court.

Electronic Surveillance

Use of binoculars to confirm defendant's growing of marijuana did not constitute a search. However, police cannot use a device which is not in general public use to explore details of the home that would previously have been unkowable without physical intrusion without first obtaining a warrant.

Use of Tobacco Products

Use of tobacco products is prohibited in ANY agency vehicle. (G.O. 15-1.1(D))

Level Five Violations - Oath of Office

All certified personnel must take and adhere to an oath of office to support, protect and defend the Constitution of the United States and the State of Florida. 3-1.1 5.1

Members who wish to present a grievance must file

A written grievance with the Director of the Human Resources Division within 5 calendar days of the time perceive the alleged inequity. 3-5.2A

Business Related Electronic Mail

Business related electronic mail (e-mail) messages are public records and are subject to disclosure to the public pursuant to Chapter 119, Florida Statutes. Therefore, members should not send any e-mail message that could not be sent in written format by inter-office or US Mail. 2-10.3B

Member's Advisory Council

Determines the grievance does have merit, the Council shall present the grievance to the Sheriff for consideration on behalf of the member filing the grievance, at the next regularly scheduled meeting of the Council. 3-5.3A2

Ethics Training

Both sworn and support members of the agency will receive training that concerns their position dilemmas, temptations, responsibilities and duties. Ethics training for all agency members will be conducted at least every two years. 3-2.3

Formal Inspections Schedule

Formal inspections are scheduled annually to allow supervisory staff assigned to each organization component to specifically examine the status of law enforcement /support personnel, equipment and facilities within their own components. 2-11.2B

Informal Inspections

Informal inspections should be performed routinely on a daily basis by supervisors at every level in the agency as part of the normal course of daily business. 2-11.2A.1

Juvenile Traffic Records

Juvenile traffic records shall be kept in the same manner as adult traffic records.

Level One Violation - Meal Breaks

Meals shall be taken as authorized. Members are subject to recall at any time during a meal break. Meals shall be eaten with reasonable dispatch. 3-1.5 1.4

Level One Violation - Agency Mailing Address

Members shall not use the agency's mailing address for personal reasons, to include but not limited to, drivers' licenses and personal vehicle registrations. 3-1.5 1.7

Prohibited Activities

The following activities are expressly prohibited: A. Any act that would constitute discrimination as defined above. B. Any act by a member(s) towards another person that would constitute sexual harassment as defined above. C. Any act by a member(s) towards another member(s) that would constitute a hostile work environment as defined above. 3-4.1

Core Value

We value ethical behavior at all times. Our conduct is based upon a commitment of trust, integrity, accountability and respect. 3-2.4

Level Three Violation - Use of Force Reporting Procedures

Whenever a member. either on or off-duty, is required to use physical force against another person, the member shall immediately notify a supervisor of the action taken and complete the neccessary documentation for review. 3-1.3 3.20

Notice of Appeal of Discipline

A non-probationary member seeking an appeal may obtain a hearing before the Civil Service Board by filing a written Notice of Appeal with the Sheriff or designee. Filing shall be effected by delivery of the notice in person or by U.S. Mail, registered return receipt requested. Such Notice of Appeal shall be filed and received by the agency no later than 1700 hours on the fifth (5th) calendar day of receipt of the notice of the discriplinary action being appealed. Please note that the 5th day could fall on the weekend day or holiday. Failure to file the notice within five calendar days shall constitute a volunteer waiver of the right to appeal.

Active Resistance

A subject's use of physically evasive movements directed toward the deputy such as bracing, tensing, pushing, or pulling to prevent the deputy from establishing control over the subject. Examples include a subject physically anchors himself to a person or object to prevent himself from being removed, the subject braces or pulls away from the deputy when the deputy grips the suspect's arm, or the subject attempts to run when the deputy touches or attempts to grab the subject's arm or shoulder.

Request a member provide proof of illness

A supervisor has discretion and may request a member provide proof of illness for absences over three days or for questionable absences. This proof must be in writing, signed by a medical provider or representative of the provider's office and specify the date(s) the members was under the provider's care or unable to work. (G.O.6-10.4F)

Hostile Work Environment

A workplace permeated with discriminatory intimidation, ridicule and insult that are sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. Unwelcome conduct is unsolicited or uninvited conduct regarded as undesirable or offensive which behavior has the purpose or effect of unreasonably interfering with the members' workplace, creating an intimidating, hostile or offensive work environment. Factors may include, but are not limited to; frequency and severity of the discriminatory act and whether act is physically threatening or humiliating. 3-4B

Agenda for meetings shall include

All bureau, division and section level staff meetings shall follow an agenda which shall include, when applicable: 1. A recap of information discussed at the most recent executive staff meeting. 2. A discussion of administrative and operational issues specifically affecting the component where the staff meeting is being held, including a review of old and new business affecting the component. 3. Presentation of new training materials, including newly developed and revised policies and procedures. 4. Distribution of items related to shared personnel matters. 2-3.1D

Public Records Law

All document files, e-mails and any other type of file created on a personally-owned computer being used for the Sheriff's Office busines is subject to the Public Records Law and the member who owns the computer must make it and its contents available for inspection in accordance with the law at any time it is requested. 2-10.6G

Live Plants

All live plants are required to be dried and then packaged in paper bags. Live plants will always be packaged in appropriate sized paper bag. PED has a drying room available with secure cages for the plants to dry.

Level Two Violation - Training Attendance

All members shall attend training as scheduled. 3-1.4 2.2

Level Four Violation - Response to Emergency Call-Ups

All memberss shall take appropriate steps to respond to emergency call-ups as directed. Failure to respond or provide proper notification will result in discipline. Appropriate notication may include a doctor's notice for sickness or injury, for the period of absence. 3-1.2 4-11

Sexual Harassment

All unwelcome or unwanted advances; including sexual advances or unwanted sexual attention, whether between person(s) of the opposite or same sex. This includes, but is not limited to leering, touching, patting, brushing against, hugging, kissing, fondling, any other similar physical contact, or quid pro quo arrangements (i.e. A situation in which an employee is forced to engage in unwelcome sexual conduct in order to protect or advance his/her job). 3-4C

Drugs weighing one pound or more

Any amount of drugs (excluding plant material) weighing one pound or more shall be taken directly to PED for submission.

Discrimination

Any and all slurs, insults, ridicule, epithets, anecdotes, or jokes, whether verbal, by gesture, or written pertaining to religion, race, national origin, gender, age, pregnancy, disability, sexual orientation, marital, or other protected status whether made in the course of general conversation or specifically directed at one or more members. 3-4A

Valuables/Currency worth or amount of $5,000.00

Any valuables estimated to be worth $5,000.00 / Currency in the amount of $5,000.00 or more must be taken to PED. Lesser amounts may be put in the drop locker locations. Narcotics Division may secure currency up to $50,000.00 and any amount of valuables in their safe until PED is open for business.

Driver of Vehicle was arrested, and is not the Owner

Any vehicle in which the driver has been arrested and is not the owner of the vehicle, if the owner cannot be contacted or if after contact has not arrived within 30 minutes, the contract towing company servicing that zone shall be summoned to impound the vehicle. Deputies shall not summon the towing company prior to the expiration of 30 minutes.

Line Inspections

Are designed to ensure personnel are adhering to written directives, properly maintaining agency owned equipment on a continuing basis and performing to estiblished expectations. 2-11.1A

Daily Observations will consist of:

Assessing the status of all law enforcement /support personnel to ensure they are suitably attired, properly equipped and physically/mentally prepared to execute their duties and responsibilities. 2-11.2A.2

Certified & Civilian's Staff Meeting

Certified and civilian commanders at the bureau, division and section levels shall hold staff meetings at a minimum of once a month. 2-3.1C

Copyright and Licensing Agreements

Copying of computer software owned by the Sheriff's Office shall be governed by the copyright agreement of the registered owner of the software. Copies may be made for backups if such is allowed by the licensing agreement provided with the software. Copies of software may not be made for personal use. 2-10.2A

Impounding Vehicle In Good Faith

Deputies are required to provide an alternative to impounding a vehicle if they act in good faith. Good faith requires that a deputy not impound a vehicle solely because he/she is expecting to find contraband in a vehicle. Deputies should be able to show that vehicles are consistently impounded in similar circumstances and for similar offenses.

Transitory Messages

E-mail messages have been classified by the Florida Department of State, State Library and Archives of Florida as "transitory messages". So long as the message does not set policy, establish guidelines or procedures, certify a transaction or become a receipt, these messages must only be retained until such time as they become obsolete, superseded or lose their administrative value. 2-10.3E1

Executive Staff Meetings Chaired by

Executive staff meetings will be chaired by the SHERIFF, Chief Deputy or their designee and shall include all commanders who ordinarily report directly to the Sheriff and Chief Deputy. When the need arises, other personnel from within the agency or individuals may also be invited to attend. 2-3.1B

Physical Force

Is force in excess of mere touching or grabbing of an individual. Physical control is achieving compliance or custody through the use of empty-handed or leverage-enhanced techniques. Example include: use of defensive equipment, pain compliance, transporters, restraint devices, takedowns and striking techniques. Note: Handcuffing an individual generally does not constitute the use of physical force as defined above.

Electronic Communications System

Is primarily to be used for business purposes. However, it may be used for personal e-mails by members on their personal time. The electronic communications system is the property of the Pinellas County Sheriff's Office. Messages composed, sent, or received via electronic communications, are and remain the property of the Pinellas County Sheriff's Office. Electronic communications are not private property of any member and no member should have any expectations of privacy in such messages. 2-10.3D

Loose Pills

Loose pills, unlabeled pills or expired pills or containers with more than one type of pill will require the owner to obtain a court order for the return of the pills. Any report in which the owner is advised to get a court order "Motion for Return of Property," the General Counsel's Office will be advised by the PED.

Component Commanders

May direct structured informal inspections within their component at their own discretion. In such instances, the commander of the affected component may require a written report of the inspection be prepared and use these reports for managerial purposes. The component commander is not required to submit such reports to a higher authority for review. 2-11.2A.4

Level Five Violation - Loyalty

Me,bears shall maintain their loyalty to the Sheriff's Office and its members as is consistent with law and professional ethics as established in General Order 3-2. Code of Ethic 3-1.1 5.2

Social Networking

Members are prohibited from posting on any social networking platform, either on their own sites or any other sites, news media or other information exchange forums the following: a. Any text, photograhp(s), audio, video or any other multimedia file(s) related to any investigation, incident or action taken by the agency and obtained while acting in his or her official capacity without the express permission of the Sheriff or his designee. b. Any photographs of crime scenes, crash scenes, evidence, suspects, victims, witnesses or any other images captured or any confidential information obtained in accordance with Chapter 119 of the Florida Statutes, while acting in their official capacity without the express permission of the Sheriff or his designee. 2-10.4B2a&b

Level Four Violation - Personal Transactions

Members are prohibited from receiving, buying, selling or bartering for anything of value from or to any complainant, suspect, witness, defendant, prisoner or other person whom has come to their attention or which arose out of their agency employment except as may be specifically authorized by the Sheriff or his designee. 3-1.2 4.4

Level Three Violation - Care, Custody, and Control of Property / Evidence

Members charged with receiving, storing and releasing property and evidence are required to handle such items in accordance with estiblished procedures. 3-1.3 3.19

Level Two Violation - Handling of Cash Transactions

Members charged with receiving, storing, and releasing cash are required to handle such cash in accordance with established procedures. 3-1.4 2.16

Level Three Violation - Availability for Duty

Members on duty shall not conceal themselves except for an authorized law enforcement purpose. Members shall be immediately and regularly subject to calls for service at any time. Certified and non-certified agency members on duty shall be at their assignment or available for assignment. 3-1.3 3.22

Personal Leave Granted Each Calendar Year

Members shall be granted 24 hours of personal leave each calendar year. These hours will be accrued and received by each member in the first paycheck of the calendar year. **The hours must be used within the calendar year or forfeited at the end of the year; no hours will be carried over to the following calendar year. Members who are out on a leave of absence without pay at the beginningof the calendar year will receive a prorated amount of personal leave hous based upon their return to work date. (G.O.6-10A)

Level Five Violation - Compromising Agency Investigations

Members shall not intentionally or by gross negligence compromise any agency investigation. Members on or off duty shall exercise care when recognizing deputies in plain clothes. 3-1. 5.20

Level One Violation - Inappropriate Release of Protected Health Information (PHI)

Members shall not release PHI, except in the performance of official duties, and only in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements. 3-1.5 1.9

All Inspections

Must be conducted in a fair and impartial manner with the goal of the inspection process being to improve the overall efficiency and effectiveness of the agency. 2-11.1B

Law Enforcement Code of Ethics

My fundamental duty as a Law Enforcement Officer is to serve mankind, to safeguard lives and property, to protect the innocent against deception, to protect the weak against opposition or intimidation, to protect the peaceful against violence or disorder and to respect the Constitutional Rights of all people to liberty, equality and justice. 3-2.2

Level Five Violation - Sexual Harassment and Discrimination

No member of this agency or member of the public shall be subjected to unsolicited and unwelcome conduct by another member which includes references to that member's religion, color, race, national origin, age, disability, gender, pregnancy, sexual orientation, marital or any protected status. The Pinellas County Sheriff's Office prohibits any offensive physical, written or spoken conduct regarding any of these items including conduct of a sexual nature. Additionally, no member shall engage in or knowingly being a party to the creation of, or continuation of a hostile work environment, as defined in General Order 3-4. 5.16

Repairs, Installations or Modification of Computer Hardware

No member or any person other than members of the Information Systems and Analysis Division or Technical Services Division shall perform any repairs, installations, modifications, removl or relocation of any computer hardware, peripherals and associated components. 2-10.5I

Supervisory/Support Staff Meetings

Once each month, the Sheriff and/or Chief Deputy shall meet separately with the supervisory staff of law enforcement operations, detention operations and members of the civilian support staff to discuss administrative and operational matters. 2-3.2A

Operators / Owners of vehicles involved in crashes or requiring towing

Operator / owners of vehicles involved in crashes or requiring routine service have the right to call the towing company of their choice. If no preference is stated or the towing company designated by the operator / owner is unavailable, the contract towing company servicing that zone will be called if in the unincorporated area of Pinellas County. If the crash or rountine service occurs within a contract city and no preference is stated or the towing company designated by the owner is unavailable, then the Tow Rotation List located in the Communications Division for that city will be used.

Guidance Fails to Foster Improvement

Or a deficiency appears to be so severe it requires immediate action, then supervisors may order affected members to take corrective action within a time period specified by the invovled supervisor. 2-11.2C1b

Plant Material

Plant material weighing five pounds or more shall be taken directly to PED for submission.

Level Two Violation - Securing and Transporting Prisoners

Prisoners shall be secured and transported in accordance with estiblished procedures. 3-1.4 2.8

Acceptable Activities

Professional, courteous, mutual respectful, pleasant, non- coercive interactions between employees, including persons of the same or different gender that are acceptable to and are welcomed by both parties are not considered harassment, including sexual harassment. 3-4.2

Firearm Cannot be Unloaded and Rendered Safe

Render safe by means of zip ties, the submitting Deputy / Officer will contact the agency armorer during normal business hours.

Prison Rape Elimination Act of 2003 (PREA) and Florida Statute 944.35

The PInellas County Sheriff's Office has a zero tolerance policy for all forms of sexual abuse and sexual harassment of any inmate and is committed to upholding the Eighth Amendment Rights of inmates as required by the Prison Rape Elimination Act of 2003. Sexual acts of any kind between staff (including contractors and volunteers) and inmates or detainees amounts to sexual abuse and is against the law and is strictly prohibited. All allegations of sexual abuse, sexual threats and retaliation concerning an incident of sexual abuse will be thoroughly investigated and shall be subject to administrative and/or criminal prosecution. 3-4

Mission Statement

The Pinellas County Sheriff's Office is committed to: * Leading the way in providing the best public safety services; * Enhancing the quality of life for all people through innovation technology and community partnerships; * Providing professional law enforcement, detention, judicial and diversified services. 3-2.4

There are three exceptions to the rule which requires issuance of an arrest warrant before an arrest can be made inside a home:

(1) A police officer can make a warrantless entry where a suspect has committed a violent crime, and he or she is inside the premises and armed and there is a likelihood that he or she will escape; or the suspect(s) poses a serious danger to the police and or citizens. *(2) if an officer obtains a consent to enter the premises from an owner or lessor, an arrest warrant is not required to enter the premises. Note: The officer should establish prior to entering the premises that the person giving consent has authority to do so. (3) "Hot Pursuit" of a fleeing felon . Note: Hot Pursuit of a fleeing misdemeanor is permissible where the misdemeanor is punishable by a jail sentence. Moreover, a suspect cannot avoid a lawful warrantless public arrest already set in motion by retreating into his or her home. *Officers in hot pursuit of a fleeing suspect need not comply with the knock and announce requirement.

An Arrest Warrant When issued shall:

(1) be in writing and in the name of State of Florida (2) set forth substantially the nature of the offense (3) command that the person against whom the complaint was made be arrested and brought before a judge (4) specify the name of the person to be arrested or, if the name is unknown to the judge, designate the person by any name or description by which the person can be identified with reasonable certainty (5) state the date when issued and the county where issued (6) be signed by the judge with the title of the office; and (7) in all offenses bailable as of right, be endorsed with the amount of bail and tthe return date

Separation from the Agency

**Any member wishing to leave the agency in good standing shall file with the Sheriff, via chain of command, a completed Notice of Separation from Employment form stating the date and reason(s) for leaving. The separation form should be submitted at least two weeks before the last date of employment. Failure to comply with this procedure may be cause for denying the member future employment with the agency. **Unauthorized absences from work for a period of three working days, including the failure to return from any paid or unpaid leave of absences, may be considered by the Sheriff as the member's voluntary resignation, except in a situation wherein failure to notify the Sheriff, and report to work was due to circumstances verified as being beyond the control of the member and are deemed acceptable by the Sheriff. (G.O.6-16.1 A-B)

Exit Interview

**Prior to the employment separation date, the member should complete a voluntary and confidential exit interview. This exit interview is available to the member electronically as noted on the Notice of Separation from Employment Form or it can be found in the Agency Forms folder on SONET. The Human Resources Director, or designee, will conduct the exit interview if the member chooses to complete the paper document instead of the electronic exit interview. (G.O.6-16.3)

Transformed into a Detention

*A consensual encounter is transformed into a detention if a pat-down search is conducted. Caldwell v. State (Fla. 2nd DCA 2008)

Landlord Consent to Search

*A landlord generally cannot consent to a search of a tenant's apartment (unless the tenant has vacated the property). Similarly, a hotel manager cannot consent to a search of a guest's room. To be valid, consent must be given voluntarily.

Justifiable Use of Force - F.S. 776.05

*A law enforcement officer, or any person whom he or she has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. *The law enforcement officer is justified in the use of any force: (1) which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest; (2) when necessary committed in retaking felons who have escaped; or (3) when necessary committed in arresting felons fleeing from justice.

Defensive Deadly Force

*A person using defensive deadly force is presumed to have a reasonable fear of imminent death of great bodily harm if: (i) the person against whom force is used was unlawfully and forcefully entering a dwelling, residence, or occupied vehicle, or was removing another person from the same against their will, and (ii) the person using deadly force knew or had reason to believe an unlawful and forcible entry or unlawful and forcible act was occurring. This presumption does not apply if: (i) the person against whom force was used had a lawful right to be in the residence or vehicle, and there was no injunction or court order against him or her, (ii) the person being removed was a child, grandchild, or otherwise in the lawful custody of the person against whom force was used; (iii) the person using deadly force was engaged in an unlawful act; or (iv) the person against who deadly force was used was a law enforcement officer engaged in the performance of official duties, and the officer identified himself or herself or the person using force should have recognized him or her as an officer.

Citizen Informant

*A tip by a citczen informant, as opposed to an anonymous tipstter, is entitled to a presumption of reliability and does not require further corroboration.

Imminent Breach of the Peace

*An officer must be able to articulate specific facts showing an imminent breach of the peace or threat to public safety. "Williams v. State, 674 So.2d885(Fla.2nd DCA 1996). *All elements of the misdemeanor offense of loitering and prowling have to occur in the presence of the ARRESTING officer for the arrest to constitute a legal arrest.

Hand-to-Hand Movements

*Be aware that an officer's observation of hand-to-hand movements between persons in an area known for narcotics transactions, without more, does not provide a founded suspicion of criminal activity.

Reasonable Suspicion

*Factors to weigh in determining if reasonable suspicion exists include the following: the time of day or night; the day of the week; the location; the appearance of the suspect, the appearance and operation of any vehicle involved; and anything incongruous or unusual in the situation as interpreted in light of the officer's knowledge.

Civil Action for the Wrongful use of deadly force

*However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and: (a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or (b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threaten infliction of serious physical harm to another person.

Medical Records for Exposure

*Medical records for individuals with an exposure must be kept for the duration of a member's employment, plus 30 anniversary years in accordance with GS1-SL, State and Local Records Retention Schedule. In accordance with GS2 Law Enforcement Records Retention Schedule, training records must be maintained for as long as the personnel record, which is 25 years after separation or retirement. (G.O.4-18.13 B-C)

Diligent Search

*Note also that a failure to make a diligent search when acting on a warrant can invalidate an arrest. The Court in McNeil v. State(Fla.3d DCA 1996) , held that the delay in serving a capias for defendant in a noncapital nonlife felony (grand theft) may be determined in light of the defendant's effort to elude arrest, but where the state offered no evidence of a diligent effort to locate the defendant (use of the phone book, etc.) the search is not diligent under F.S.775.15(5).

Time and Method of Service

*Service on Sunday is NOT VALID unless the Court specifically authorizes such service. *Failure to serve a party within 120 days after the filing of a civil action will result in a dismissal of the action. *Service is made by delivering a copy of the summons and complaint and other papers attached personally to the person being served, or by leaving the papers at his usual place of abode with any person residing there fifteen years of age or older and informing that person of the contents.

Speedy Time

*The speedy time period for misdemeanors is 90 days. *The time period for felonies is 175 days. If a felony and misdemeanor are consolidated for hearing in circuit court the time period is 175 days from arrest.

Juvenile Miranda Warnings

*There is no constitutional requirement that police notify a juvenile's parents prior to questioning the juvenile. *Nevertheless, if the juvenile indicates to police that he or she does not wish to speak to them until he or she has had an opportunity to speak with parents, the questioning MUST CEASE.

Foreign Nationals

*When a foreign national (including an illegal alien or alien with a "green card") is arrested or detained, he or she must be informed without delay of the right to have the consular officials of his or her home country notified and the right to communicate with those consular officials. *Brief, routine detentions, such as for a traffic violation or accident investigation, do not trigger this requirement. *These countries include: Under no circumstances should any information indicating that a foreign national may have applied for asylum in the United States or elsewhere be disclosed to that person's government.

Confidential Informants Must:

*inform each person who is requested to serve as a confidential informant that the agency cannot promise inducements such as a grant of immunity, dropped or reduced charges, or reduced sentences or placement on probation in exchange for serving as a confidential in-formant *inform each person who is requested to serve as a confidential informant that the value of his or her assistance as a confidential informant and any effect that assistance may have on pending crininal matters can be determined only by the appropriate legal authority *provide a person who is requested to serve as a confidential informant with an opportunity to consult with legal counsel upon request before the person agrees to perform any activities as a confidential informant *ensure that all personnel who are involved in the use or recruitment of confidential in-formants are trained in the law enforcement agency's policies and procedures (keeping documentation demonstrating the date of such training); and *adopt policies and procedures that assign the highest priority in operational decisions and actions to the preservation of the safety of confidential informants, law enforcement personnel, target offenders, and the public. A law enforcement agency that uses confidential informants shall establish policies and procedures addressing the recruitment, control, and use of confidential informants. The policies and procedures must state the: * information that the law enforcement agency shall maintain concerning each confidential informant; * general guidelines for handling confidential informants; * process to advise a confidential informant of conditions, restrictions, and procedures associated with participating in the agency's investigative or intelligence gathering activities; * designated supervisory or command level review and oversight in the use of a confidential informant; * limits or restrictions on off duty association or social relationships by agency personnel involved in investigative or intelligence gathering with confidential informants; * guidelines to deactivate confidential informants, including guidelines for deactivating communications with confidential informants

Packaging of Drugs and Drug-related Evidence

1. All evidentiary drugs and drugs related paraphernalia will be submitted in a heat sealed drug bag with a Drug Evidence Label whenever possible and practical. (Exception: for packaging and submission of live plants see live plant policy) 2. Do not mix drugs; when two or more different drugs are found together, a separate heat sealed bag shall be used to package each item. This includes separate packaging of k2 / spice by type. 3. Only one item of paraphernalia per defendant will be accepted by the lab for analysis. Package one item into a heat sealed drug bag and all other items can be packaged together in a separated sealed drug bag. 4. All drug submissions must be weighed. This includes plant material, powders, liquids, pills and capules. Weight information pertaining to each submission shall be included included on the Drug Evidence Label and in the Incident / Offense Report. Any amount of drugs (excluding plant material) weighing one pound or more shall be taken directly to PED for submission. *Plant material weighing five pounds or more shall be taken directly to PED for submission. If after hours, agency members will have access to the PED property room drop location. *Drug evidence of any weight can be secured in the lockers designated for "Patrol". NOTE: Do not place drug items into lockers specified for "Forensics". *Prior to heat sealing the bag, the submitting member shall place their initials, payroll number and date on the inside of the drug bag to ensure positive identification. Case agents are responsible for verifying their bags are sealed. Evidence bags found not sealed will require the return of the case agent to the Property and Evidence Division to properly seal the bag(s). Unsealed includes gaps or seals that can be pulled away. All liquid drug evidence is to be secured in an uncontaminated glass vial or plastic container adequate to prevent leakage. Syrringes must be packed into a syringe tube inside a heat sealed drug bag. (G.O.7-2.2(F)1-4)

General Information

1. Florida Statute 943.135 and the Rules of the Florida Criminal Justice Standards and Training Commission, (CJSTC) require certified officers receive 40 hours of commission-approved continuing training every four years. 3. The inability of any certified member to attend and satisfactorily complete the following training shall subject the member to the requirements of this General Order. a. In-service training. b. Physical abilities test. c. Firearms training. 5. No member shall continue in an active service capacity in less than full duty status, or be absent from duty due to a disability status resulting from a work-related injury or illness, for a period in excess of 270 calendar days in any 12 month period, due to a physician-certified medical condition. a. The Sheriff, as the appointing authority, may allow an extension of the time frame provided herein. 6. No member shall continue in an active service capacity in less than full duty status or be absent from duty due to a disability status resulting from a NON-WORK injury or illness, for a period in excess of 150 calendar days in any 12 month period, due to a physician certified medical condition. (G.O.4-14.1 B1-6)

Final Determination

1. The awards recommendations by the Recognition Awards Review Board will be submitted to the Sheriff for review. A copy of his decision will be sent to the involved member, along with notice of when the award will be presented. 2. When an award is conferred, a copy will be forwarded to the agency's Human Resources Division. The Human Resources Division shall place the copy in "Dection C" of the member's personnel file. (G.O.4-9.1 D)

Miranda Warnings

A law enforcement officer's obligation to administer Miranda Warnings attaches only where there has been such a restriction on a person's freedom as to render him or her "in custody". A person's Miranda rights are not triggered by virtue of the fact that he or she has become the focus of an officer's suspicions.

Submission and Handling of Special Property

1. Valuables - All valuables must be itemized and secured in clear, sealed plastic bags a. Valuable must be packaged separately from currency. b. Valuables estimated to be worth$5,000 or more must be taken to the PED. Lesser amounts may be put in the drop locker locations. The Narcotics Division may secure any amount of valuables in their safe until the PED is open for business at which time the Narcotics Division will transport the valuables to the PED. 2. Currency - Currency in the amount of $5,000 or more must be taken to the PED. Any amount of currency may be submitted in the PED property room if lockers for "Patrol" are available. If the PED is closed, the Communications Division shall be notified and the on-call PED personnel will be alerted for a possible call-out. Currency in amounts less than $5,000 may be put in the drop locker locations. The Narcotics Division may secure currency up to $50,000 in their safe until the PED is open for business at which time the Narcotics Division will transport the currency to the PED. a. Foreign currency must be separated from U.S. currency and packaged separately. b. Anytime currency is submitted to the PED, two members are required to count the currency. The identities of the member(s) and /or property clerk shall be noted on the packaging and in the respective Incident/Offense Report. The total amount shall be indicated on the label (i.e. $257.52 US Currency). c. A calculator tape or Cash Breakdon Form shall be packaged with the currency. Two members shall sign the calculator tape or Cash Breakdown Form using their proper name and payroll number. All signatures and total amount shall be visible once inside the evidence package. (G.O.7-2.2 (G)

Application For Outside Business or Employment

4-7.3 B - The request will then be forwarded, via chain of command, to the Administrative Investigations Division for review and evaluation.

Recognition Awards Program

4-9 - The Recognition Awards Program will commend a member or a citizen for outstanding accomplishments by bestowing upon the individual a Sheriff's Office Recognition Award. These awards will be in the form of a citation bar, a certificate, and a medal, if specified. The Suggestion Awards Program enables the member to receive a cash award and/or a certificate of recognition for an outstanding idea. The member must submit a suggestion which will improve the productivity, quality, safety of cost effectiveness of Sheriff's Office operations of services.

Use of Force in a Terry Stop

A Florida Court has ruled that law enforcement officers may use drawn weapons in a Terry Stop (Terry v. Ohio, 392 U.S. 1(1968)) when they reasonably believe that the use of weapons is necessary to protect the officers or prevent a suspect's ability to flee.

Sexual Abuse Victim Examination (SAVE) Kits

A SAVE kitsshould not be placed in plastic bags. The Property/Evidence Label should be placed directly onto the SAVE kit ENVELOPE. The Property/Evidence Label shall be itemized according to the doctor's list of the contents of the kit. When entering SAVE kits certain items must be packaged separately from other items as these items are sent to different departments at the Florida Department of Law Enforcement (FDLE) laboratory and/or the Pinellas County Forensics Laboratory.

Alcohol/Drug Dependency

A compulsive or uncontrolled addiction to alcohol or drugs which generally results in a chronic, progressive and potentially fatal disease. (G.O.4-19a B)

Drug/Alcohol Dependency Intervention Program

A confidential program designed to assist members who are dealing with drugs/alcohol abuse or dependency problems. This program managed by the Human Resources Division, includes but is not limited to; assessment, drugs screening, treatment and outpatient counseling. (G.O.4-19a D)

Consensual Encounters

A consensual encounter is a mere contact and involves no coercion, no detention and therefore no arrest or seizure (i.e.,the citizen has consented to the encounter), "Law enforcement officer do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, asking that person if he or she is willing to answer some questions, putting questions to him or her if the person is willing tp listen, or offering in evidence in a criminal prosecution such person's voluntary answers to such questions" (Florida v. Royer, 460 U.S. 491 (1983)).

Formal Answer to Complaint

A defendant has a deadline of twenty days after service to file a formal answer to a complaint.

Process by Whom Served

A deputy sheriff serves the civil process, makes the contacts, signs the returns and performs all the functions of the service. Summonses, subpoenas and other process in civil actions run throughout the state. All processes, except subpoenas, shall be directed to all and singular sheriffs of the state. Witness subpoenas may be served by any person who is not a party and who is not less than 18 years of age. (G.O.16-2.1(A & C))

Stop vehicle - can't read temporary tag

A deputy stopped the defendant because he could not read the temporary tag in the defendant's rear window. However, as he approached the vehicle, he was able to clearly read the tag, which was valid. He nevertheless asked the defendant for his driver's license, which prove to be suspended. The Court found this request improper. Once the deputy determined that the tag was valid, he should have allowed the defendant to go on his way. (had the officer requested the license before determining the validity of the tag, the request would have been proper).

Issuing A Trespass Warning on behalf of a Private Owner

A detention for the purpose of issuing a trespass warning on behalf of a private owner, absent other circumstances giving rise to a reasonable suspicion of other criminal activity, is a consensual encounter.

Gratuitous Guest

A gratuitous guest occupies and uses the premises without any sort of agreement (either oral or written) and without providing anything in return for the right to remain. *A gratuitous guest may be removed for any reason by the owner or possessor of the property.

Paramour

A member who is engaged in a sexual or romantic relationship with another Pinellas County Sheriff's Office Member. (G.O.3-7)

Transfer to Inactive, Non-certified or Other Service

A member who, due to a work-related injury or illness, has been absent from duty or unable to completely perform the duties and responsibilities of his / her classification for a period of 270 calendar days in any 12 month period or unable to take the physical abilities test or in-service training or firearms training for 270 calendar days in any 12 month period as determined by the Training Division, shall be subject to the transfer options detailed below. (G.O.4-14.4A)

Sanctions for Refusal or Participation Failure

A member will be subject to due process and disciplinary procedures like any other member with a similar evaluation rating and may result in personnel actions including termination, if they. A. Refuse mandatory referral for assessment, counseling or treatment. B. Undergo treatment and relapse and whose performance is evaluated to need improvement or is unsatisfactory. (G.O.4-19a.3

Member Will Not Earn Vacation Leave

A member will not earn vacation leave while in any non-pay status such as leave of absence without pay, suspension without pay, or while assigned to Inactive Service. Should a member use his vacation leave i conjunction with his resignation, the member will not earn vacation leave during the leave period. (G.O.6-10.2 C3)

Secondary Employment Request Form

A notarized contract that includes information about the date, time, location and duration of the job, the type of job and expected attendance, nature of duties to be performed by law enforcement certified or specialized support members, and justification of need for law enforcement certified member and any anticipated problems. (G.O.4-6K)

Warrantless Arrest

A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer's authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity to inform the person or when giving the information will imperil the arrest. F.S. 901.17 Note: An arrest is valid as long as there was objective probable cause, even if the officer had a different subjective motivation for making the arrest. Arkansas v Sullivan

Enter a Citizen's Home without Search Warrant

A peace officer may also enter a citizen's home without a search warrant to prevent the imminent use of a dangerous weapon, or to prevent the potential destruction of evidence. This exception is known as the "exigent circumstances" exception and the officer must be prepared to show that the evidence (i.e., weapons or drugs) were likely to be removed or destroyed before a warrant could be obtained.

Use of Force in Defense of Person (F.S.776.012)

A person is justified in the use of force, except deadly force (that force which is likely to cause death or great bodily harm including the firing of a firearm (F.S.776.06), against another, when and to the extent that he or she reasonably believes that such conduct is necessary to defend himself, herself, or another against such other's imminent use of unlawful force. *The use of deadly force is justified if such force is reasonably believed to be necessary to prevent imminent death or great bodily harm.

Use of Force in Resisting an Arrest (F.S.776.051)

A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known or reasonably appears to be a law enforcement officer. However, the law enforcement officer is not justified in the use of force if the arrest is unlawful and known to the officer as being unlawful.

Failure to Respond

A person who fails to respond to subpoena for criminal proceeding or administrative hearing may be cited for contempt of court and have sanctions imposed. A defendant who fails to respond to a subpoena may have an order of default entered against him/her. A plaintiff who fails to respond may have an order of dismissal entered against him/her.

Search of Automobile

A police officer can search an automobile for a variety of reasons. (1) A warrantless, valid search may be made of a car and any containers within, when there is probable cause to believe that the automobile contains contraband, a weapon, or evidence of a crime. Under these circumstances a search may be made of the entire vehicle, including the trunk, locked or unlocked containers and locked glove compartment.

Missing Children

A police report that a child is missing may be filed with the law enforcement agency having jurisdiction in the county or municipality in which the child was last seen prior to the filing of the report, wwithout regard to whether the child resides in or has any signigicant contacts with that county or municipality. *Upon the filing of a police report that a child is missing by a parent or guardian, the law enforcement agency receiving the report must immediately inform all on duty officers of the existence of the report , communicate the report to every other law enforcement agency having jurisdiction in the county, and transmit the report for inclusion within the Florida Crime Information.

School Resource Officer

A school official asking a school resource officer (a police officer assigned to a public school) to pat down a student for weapons, where the school official has a reasonable suspicion that a student is armed, is valid. The Court stated "if a school official has a reasonable suspicion that a student is carrying a dangerous weapon on his or her person, that official may request any police officer to perform the pat-down search for weapon without fear that the involvement of the police will somehow violate the student's Fourth Amendment rights or require probable cause for such a search.

Arrest by Surety (Bail Bond Agents) - F.S.903.22

A surety may arrest aa defendant before a forfeiture of the bond for the purpose of surrendering him or her. A surety may be a bail bond agent or runner or anyone who has put up the security for the bail bond. The surety may authorize a peace officer to make the arrest by endorsing the authorization on a certified copy of the bond. *Although this arrest by a peace officer is not for a felony or a misdemeanor committed in the peace officer's presence, this is a case where a peace officer may make a warrantless arrest. Under F.S.903.29 a principal may be arrested by his surety within 2 years from the date of forfeiture of the bond.

Warrant Language Must Be Specific

A warrant must specify the exact premises to be searched. Thus, a warrant to search a "building" is invalid if there are several apartments in the building. A warrant to search a building does not authorize a search of a vehicle. A warrant to search a vehicle does not authorize a search of a building.

Reporting Exposure Incidents

A. *As soon as a suspected occupational exposure to bloodborne pathogens or an infectious disease occurs, the member shall report the incident to his/her immediate supervisor and seek medical treatment from an approved health care facility. B. *The member's supervisor shall ensure the member receives immediate access to medical care as quickly as possible and reports the incident to the Healthcare Infection Control Nurse. * The supervisor shall also ensure the affected member completes and forwards a Notice of Injury Form to the Human Resources Division and fills out an inter-office memorandum which shall be forwarded to the Healthcare Infection Control Nurse via chain of command. *The following elements shall be included in documentation related to an exposure incident. 1. Engineering controls, in place at the time of the exposure incident. 2. Work practice controls in place at the time of the incident. 3. Personnel protective equipment and clothing utilized at the time of the incident. (G.O.4-18.10 A-B)

Applying for FMLA Leave

A. A member can specifically request leave by providing verbal or ritten notice to his / her supervisor and / or to the Human Resources Division; OR 1. The Human Resources Division may receive a Notice of Injury Form that suggests a serious health condition; OR 2. A supervisor may have a member who is out for more than three consecutive work days; OR B. If the leave is foreseeable, the member shall give verbal notice to his / her supervisor at least 30 days in advance of the need for leave. Failure to provide 30 days' notice may result in delay of the leave. C. If the leave is unforeseeable, the member shall give verbal notice to his / her supervisor as soon as the member knows of the need for leave. D. The member's supervisor shall notify the Human Resources Division after a member has been absent for more than three consecutive work days, when family medical leave (FML) is specifically requested by the member or when the supervisor believes the member may be experiencing a situation that qualifies for FML. E. Once a request is received, the Human Resources Division shall determin if the member meets the eligibility criteria for FMLA leave. Once the determination has been made, Human Resources Division shall send the member a Notice of Eligibility and Rights and Responsibilities form and advise the member whether a Certification of Health Care Provider must be submitted in order for the leave to be approved. The completed Certification Health Care Provider signed by the physician (if needed), shall be returned to the Human Resources Division within 15 calendar days from the date it was provided to the employee. F. On the 15th day, if the paperwork has not been returned to Human Resources Division, a follow-up notice will be sent via email to the member. This notice will give the member an additional seven calendar days to return the required paperwork. Human Resources will notify the member's timekeeper and immediate supervisor whether the absence qualifies for FML. If the medicial leave was for the member's own serious health condition, the member shall submit a Return to Work Certification form stating their fitness for duty prior to returning to work. The member shall be notified of this requirement on the Designation Notice. (G.O.6-18.2 A - H)

Funeral Policy

A. Active PCSO deputy non-duty related death (including suicide) or retired PCSO deputy (within the Tampa Bay Area). 1. Upon notificaion of a non-duty death of an active deputy, the affected Division Commander or on-duty Shift Commander will notify the Casualty Assistance Coordinator. a. Upon notification of the death of a retired deputy, the Sheriff will be contacted and will be responsible for prompt notification of agency members. The Casualty Assistance Coordinator will assign a supervisor as the Family Liaison Officer. The supervisor will follow the appropriate sections of the Casualty Assistance Plan and also act the Funeral Liaison Officer Coordinator. d. In the case of a deceased retired deputy, there will not be a "radio call" or 21-gun salute option. 2. A the discretion of the Sheriff, the agency may provide a complete uniform of the rank attained by the deceased and deliver it to the funeral home, if the family so desires. The agency will supply one casket-size 5 x 9.5 ft. National flag. If the deceased is a veteran, the US Department of Veterans Affairs will suppy the flag. (G.O.4-12.3)

Initiation of an Intervention Review

A. An Intervention Review shall be initiated whenever a member: 1. Is the focus of three administrative investigations of misconduct within 12 months. 2. Receives three counseling forms within a six-month period. 3. Receive two reprimands or suspension within a six-month period. 4. Is the subject of two use of deadly force or shooting incident investigations within 12 months. 5. Is determined to be at fault in three preventable vehicle collisions within 12 months. 6. Uses more than 144 hours of six leave and/or leave without pay (other than FMLA or Workers' Compensation) within 12 months and the leave cannot be explained by an abvious reason such as a major illness, pregnancy, or military leave. 7. Is involved in any combination of three of the items included in 4-19.s, A, within a 12 month period. D. The initiation of a review shall not be construed as misconduct and shall be utilized solely for the purpose of identifying potential problems facing the member under review. (G.O.4-19.2 A & D)

Funeral / Bereavement Leave

A. Any permanent or probationary member, will be granted up to three work days of leave with pay for bereavement in the event of the death of any person residing in the member's household or any member of the immediate family of either the member or the member's spouse. B. The immediate family is defined as spouse, child, parent, foster parents, sister, sister-in-law, brother, brother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepchildren, stepbrother, stepsister, half-brother, half-sister, grandparents and grandchildren. C. Members may also use bereavement leave for attending the funeral of a member of the immediate family of either the member or the member's spouse, who is killed in combat while serving in the U.S. military or who is killed in the line of duty while serving as a law enforcement or corrections officer. For purposes of this provision only, aunts, uncles, cousins, nieces and nephews are included in the definition of immediate family, as well as those other individuals previously listed. D. Five work days with pay may be granted for attendance at an out-of-state funeral. At the discretion of the Sheriff, members may be granted additional time charged to the member's accrued or compensatory leave bank. E. Any full-time member may be granted up to four hours of administrative leave to attend the funeral service of a deceased agency member or former member. The administrative leave will be granted at the discretion of the bureau commander. (G.O.6-10.13 A-E)

Line of Duty Death Procedures

A. It is vital for the family to receive an official. IN PERSON death notification before hearing of the death from the news media, concerned officers or other sources. B. The agency's goal is to make a death notification with the highest ranking deputy who is immediately available. When available, this will be the member's bureau commander. In the event the bureau commander is not available, the on-duty shift commander will conduct the notification. (G.O.4-12.1 A-B)

Sick Leave Conversioning

A. Members hired in a position classified as temporary or in an emergency capacity are not eligible for the attendance award. The payroll year for conversion purposes is defined as any day of the pay period paid which is paid or after January 1st and continuing through the last day of the pay period paid on or before December 31st each year. 1. Standard Conversion. Members who use less than 48 hours of sick leave, or the pro-rated equivalent for members during their first payroll year of employment, will have the portion they do not use converted on an hourly basis to accrued vacation leave or compensatory time, to include exempt salaried members, according to the following 'STANDARD" table. (48 hours minus sicktime used = conversion amount) 2. Optional Conversion. Members who have a sick leave accrual balance of 320 hours (Sick Suspense Bank included) or more may elect to convert the optional amount of 96 hours of sick leave. Members who choose this option and who use less than 96 hours of sick leave will have the portion they do not use converted on an hourly basis to vacation leave or compensatory time or aa combination of both. 3. Waiver of Conversion. A member may request to waive the conversion and not have any sick leave converted to vacation leave or compensatory time. B. If a member elects to use the Optional Conversion (96), or if a member elects to Waive Conversion, he or she must submit a Sick Leave Conversion Option Selection form to the Payroll Section. 1. Thi form must be received by the Payroll Section prior to December 10th of each calendar year. If December 10th falls on a Saturday or Sunday, Fiscal Affairs will notify members of the date the form will be due. 3. If a member does not submit a Sick Leave Conversion Option Selection form, the Standard Conversion will occur. (G.O.6-10.5 A-B)

Supervisory Referrals

A. Preparation 1. Document absences, poor job performance and other pertinent incidents (be specific) and have this information available during the discussion with the member. 2. Be aware of the standards of performance. 3. Be consistent. B. Confront and Support the Subordinate While supervisors do counsel members on work performance issues, the supervisor should not try to analyze the cause of the member's performance problem. C. Discuss Issue with Subordinate 1. Ensure absolute privacy in discussing issues of this nature with the member. 2. Preface the discussion of performance deficiencies by emphasizing to the member that the Sheriff's Office recognizes his/her value to the agency. 3. Be straightforward; discuss with the member the specific deficiencies of performance. 4. The supervisor should base the discussion on the member's job performance - not the person. D. Making the Referral 1. If the member blames performance on an off-the-job problem, avoid personal involvement in the problem. If the member appeals to the supervisor for advice, the supervisor shall refer the member to the EAP. 2. If the member is being referred to attend EAP (as compared to voluntary participation), contact the Human Resources Division Director or designee to arrange for the referral. Provide the Human Resources Division with all documentation regarding why such a referral is necessary. E. Referral Follow Through 1. The supervisor's role remains the same after the member completes the program. Monitor the performance. Give credit when due; identify errors and omissions. 2. If supervisors encounter any problems or have any questions, they should contavt the Human Resources Division Director or designee. (G.O.4-16.5 A-E)

Identification and Training of Personnel at Risk of Occupational Exposure to Bloodborne Pathogens and/or Infections Diseases

A. The Healthcare Infection Control Nurse and the Healthcare Program Administrator, in conjunction with Human Resources, shall be responsible for identifying, reviewing annually and maintaining a list of all job classifications and the tasks performed in those positions which pose the risk of exposure to bloodborne pathogens and/or infectious diseases. B. The Training Division shall be responsible for implementing and facilitating the delivery of training programs to members who could be affected by occupational exposure to bloodborne pathogens or other potentially infectious materials. Bloodborne pathogen training lesson plans shall be reviewed by the Healthcare Infection Control Nurse annually. C. Deputy training shall be provided at the time of a member's initial assignment. Support staff identified as at risk for exposure shall contact the Healthcare Infection Control Nurse within two days of their Human Resource Division orientation to receive their initial bloodborne pathogen training and initial immunizations. Retraining shall be accomplished whenever changes to tasks or procedures affect conditions of occupational exposure. Annual training is required for all members at risk for occupational exposure. The Training Division shall be responsible for monitoring annual training. (G.O.4-18.2 A-C)

Data Collection and Monitoring

A. The Inspections Bureau shall be responsible to maintain information regarding complaints of misconduct, disciplinary actions, member counseling forms, shooting review board findings and use of force incidents by the certified law enforcement and certified detention members of the agency. B. The Human Resources Division shall be responsible to collect and maintain information regarding performance evaluations and workers' compensations claims. Records of these matters shall be made available to the Administrative Investigations Division when requested. (G.O.4-19.1 A-B)

Remedial Action

A. The bureau commander, or designee, shall discuss the incidents with the involved member and review available intervention options. The member's immediate supervisor, if not present during this discussion, shall be informed of the discussion content and results. B. Intervention options include, but are not limited to: 1. Remedial training. 2. Counseling through the Employee Assistance Program (EAP) for such issues as marital and family problems, financial problems, alcoholism, substance abuse, or any other personal problem which seriously and repeatedly interferes with job performance or health. For further information on the EAP see General Order 4-16 3. Occupational safety instruction. 4. Individualized goal-setting and accountability requirements. (G.O.4-19.3 A-B)

Abandoned Property

Abandoned property can be searched without a warrant.

Veteran's Preference

Active duty military members can participate and are eligible to take both the written examination and/or assessment center examination (whichever is applicable) up to 90 days after the last written examination. (G.O.6-3.6 C)

Compensation For Unused Leave

Active service members transferred to the inactive service will be paid for unused compensatory, sick and vacation leave in accordance with the applicable General Orders governing such payments upon separation. A member returning to active service will have the unpaid sick leave balance restored to his / her sick leave account. (G.O.4-14.4 E4)

Administrative Leave

Administrative leave due to an agency required psychological evaluation to determine a member's fitness for duty shall not exceed the number of days necessary to schedule the evaluation with the agency's psychologist and obtain the results. Absences beyond that date will be charged against a member's accrued leave, except in cases involving shooting or other critical incidents wherein the Sheriff may extend the administrative leave. In no event, will the leave etend beyond 30 calendar days. (G.O.6-10.6D)

Prompt Review of all Complaints

Agencies must initiate prompt review of all complaints, and take steps to protect the privacy of those invovled during the review and any related investigation.

Agency Vehicles

Agency vehicles shall be driven only within the geographic limits of Pinellas County, except when in "hot pursuit", in the discharge of official duties or as approved by a supervisor or competent authority or when permitted due to residency established outside of Pinellas County. (G.O. 15-1.1(E))

Firearms - PED

All firearms submitted to PED shall be described by make, model, caliber, and serial number on the Property/Evidence Label. The owner should be specified on the Property/Evidence Label. There is no Finder's Claim on Firearms.

General Statement on Property

All found, abandoned, recovered or evidentiary property, excluding vehicles (autos, kayaks, mopeds, boats, airplanes, jet skis, go carts, canoes, golf carts, etc.) and property acquired in civil proceedings, obtained by a member of the Sheriff's Office during the performance of official duties, shall be submitted to the Property and Evidence Division before the member ends his / her tour of duty. (G.O.7-2.1 A)

Performance Review Frequency

All full-time members who have reached permanent status, as well as part-time deputies and Criminal Justice Specialists (CJS) positions will receive an evaluation at least annually. **The following are excluded from this requirement: certified positions in law enforcement and corrections with the rank of Captain and above and all other temporary members, positions listed in the agency's Civil Service Act contained in Section 2, sub-section 1, jail physicians, dentists, psychiatrists, members considered as Classified Service and the Inmate Healthcare Program Administrator. The review period covers the time since the last evaluation was completed to the time the new evaluation is completed. Members, who have transferred from one bureau, division or section to another bureau, division or section and who serve four months or more in the new assignment prior to the scheduled evaluation, will be evaluated by the receiving supervisor. **Members who serve less than four months in the new assignment will be evaluated by the supervisor in the previous assignment. (G.O.6-12.1 A)

Search Warrants - FSS 933

All requests for search warrants must conform to Florida State Statute Chapter 933 and Florida Legal Guidelines. Search warrants can be a valuable investigative tool and should not be taken lightly. The Pinellas County Sheriff's Office, in conjunction with the Pinellas/Pasco State Attorney's Office, will ensure issued search warrants shall be based upon probable cause and shall not intentionally violate any person's constitutional rights to freedom from unlawful searches and / or seizures. Any sworn member of the Sheriff's Office may make a request for a subpoena. All requests for investigative subpoenas must be made in conjunction with active, documented investigation and through the State Attorney's Office. (G.O. 16-4)

Selection of an Applicant

All transfers between bureaus must be approved bt the Sheriff and are at the descretion of the Sheriff. All transfers, covered by this General Order, conducted solely within a bureau must be approved by the Bureau Commander and the Sheriff. (G.O.4-13.5 D-E)

Trick or Deceptive Technique

Although a police may use a trick or deceptive technique to convince an individual to leave his or her home, the arrest will only be valid if the person voluntarily leaves the home. However, an officer cannot deceive a person in order to gain entry into a home. An arrest without a warrant under those circumstances will be invalid. *Normally an officer can make a valid arrest inside a place of business, which is not a dwelling, without an arrest warrant.

The Exclusionary Rule

Although most states had adopted laws of their own prohibiting illegal searches and seizures. The rule adopted in Mapp was called the "Exclusionary Rule". Until Mapp, states often gave what would not have been admissible evidence under Federal guidelines to federal authorities and federal authorities often gave the state law enforcement agencies evidence which may not have been admissible under state law.

Exit Clearance Form

An Exit Clearance Form will be initiated by the member's immediate supervisor. The heading will be completed by the member who will be responsible for visiting each applicable clearing section on the form and obtaining the clearing authority's signature. After the Payroll Section completes the form, two copies of the completed form will be made and the original retained by the member, one copy will be forwarded to Human Resources for inclusion in the member's personnel file and one copy will be retained by Payroll. (G.O.4-14.4 E5b)

Objective Probable Cause with Different Subjective Motivation

An arrest is valid as long as there was objective probable cause, even if the officer has a different subjective motivation for making the arrest. (arrest for driving without registration or proof of insurance and carrying a weapon valid when supported by probable cause, even if the officer's "true" purpose for making the arrest was to search defendant's car for drugs). *An arrest is valid even if the criminal offense for which probable cause actually exists is not "closely related" to the offense stated by the officer at the time of arrest.

Arrest May be made bt officer without a warrant

An arrest may be made by an officer without a warrant in the following instances: (1) If a felony or misdemeanor or violation of a municipal or county ordinance is committed in the presence of the officer (an arrest for the commission of a misdemeanor or the violation of a municipal or county ordinance shall be made immediately or in fresh pursuit); (2) if a felony has been committed, not within the officer's presence, and the officer "reasonably believes" the offender committed it; (3) if the officer "reasonably believes" that a felony has been or is being committed and that the person to be arrested has committed or is committing it; (4) a warrant for arrest has been issued and is held by another peace officer for execution; (5) a violation of Chapter 316 (State Uniform Traffic Control) laws has been committed in the presence of the officer (see in particular arrest under F.S. 316.193 for driving under the influence); (6) there is probable cause to believe that: (a) the person has knowingly committed a criminal act (see F.S. 790.233, F.S. 741.31, and F.S. 784.047) in violation of an injunction for protection entered pursuant to F.S. 741.30 or F.S. 784.046; *(b) the person has committed a battery as defined 784.03 (d) the person has committed an act of retail or farm theftas defined F.S. 812.015; (c) the person has committed an act of domestic violence as defined 741.28; (e) the person, as the driver of a vehicle involved in a crash; (f) the person is carring a concealed weapon; (g) the person is guilty of disorderly conduct on the premises of an establishment; (h) the person has stolen personal property of a public lodging establishment or public food sevice establishment; (i) the person has committed the offense of trespass upon the grounds of a school facility; (j) the person has in his or her possession an amount of cannabis less than 20 grams; *(k) the person has committed the offense of stalking; (l) the person has committed the offense of transit fare evasion; (m) the person has committed child abuse, relating to luring or enticing a child for unlawful purposes; (n) the person has committed the offense of criminal mischief or graffiti - related offenses; (o) the person has, in his or her possession, a firearm or ammunition when the person is subject to an injunction against committing acts of domestic violence; (p) the person has trespassed, in any retail establishment, farm land or mass transit vehicle; (q) a misdemeanor has been committed, based upon assigned affidavit provided to the officer by a law enforcement officer of the United States government; (r) a felony was committed on state military property or a misdemeanor was committed in the presence of a law enforcement officer of the Florida National Guard

Indictment

An indictment is returned by a grand jury after the grand juryconvenes to hear evidence against the defendant. *An indictment is mandatory in all capital crimes and discretionary for any other crime. A grand jury may indict for any offense.

Detaining Persons

An officer can also detain persons on the premises during the execution of a search warrant where officers have a reasonable basis to detain. Officers may detain anyone found in the residence, regardless of whether or not the occupant is a suspect named in the warrant, and may use reasonable force in detaining the occupants.

Reasonable Suspicion Citizen Stop

An officer can stop a citizen when he or she reasonably suspects that the citizen has committed or is about to commit a crime. F.S.901.151. This "stop" is an intrusive procedure and must be bases on "reasonable suspicion"

Presence At Scene of the Crime

An officer cannot frisk a suspect merely because that individual is present at the scene of a crime. Officer arrested a person who they knew was only visiting a house when drug paraphernalia was found. The court held that there was nothing to show a factual basis for the officers to "have reasonably believed that the defendant was in constructive possession of drug paraphernalia in the house they knew she was visiting, and held the arrest invalid. Nor can an officer frisk a motorist who is only stopped for a violation or traffic infraction. *Probable cause is required to search the vehicle".

Service of Foreign Process

An officer may make service of papers issued by another state court on any person in this state in the same manner as service is made in this state.

Entry by Force

An officer may use reasonable force to gain entry only after he or she announces his or her purpose, exhibits the warrant upon request, and is then refused entry.

Agency Must Discipline on Sexual Harassment

Any supervisory or managerial employee who has knowledge of sexual harassment shall immediately report the matter directly to the person the agency has designated to receive complaints of sexual harassment. *Failure to do so subjects the employee to disciplinary action. *Agencies shall develop and implement procedures to investigate and resolve complaints of sexual harassment. *Complaints shall be reduced to writing, signed by the complainant, and contain at least the following information: (i) the name, business address, and telephone number of the person filing the complaint; (ii) the name of the person who allegedly committed the act of sexual harassment and the alleged victim; and (iii) a clear and concise statement of the facts, including pertinent dates, locations, witnesses and other evidence in support of the complaint.

Probable Cause

As a general rule, once probable cause to arrest is established, a law enforcement officer cannot be held liable for false arrest under state laws or deprivation of civil rights under this statute. Any collateral bad motive or intent on the part of the arresting officer is immaterial.

Fraternization definition for Family Members

As regards to G.O.3-7 only, any individual who is related to a member as father, mother, son, daughter, sister, brother, husband, wife, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister.

Final Detention Order

At the hearing, the prosecution has the burden of showing beyond a reasonable doubt the need for pretrial detention

Attendance Protocol for Funeral

Attendance protocol for a law enforcement or detention officer's funeral. 1. Uniform of the day - Class A uniform for sworn members. a. No audible patrol radios b. Proper hat c. Badge appropriately covered by mourning band/mourning pin. 2. Cruisers a. Clean - same make / model (if possible) b. Instructions on Emergency Equipment c. Ensure proper operation 3. Briefing on Funeral Protocol a. Hand salute b. Commands c. Formations d. Inspection (officer in charge should conduct an inspection of Items #1 & 2 prior to assignment).

Outside Employment

B. Work permit - authorization by the Sheriff to engage in outside business or employment. 4-7.1 B - Member shall also submit a memorandum to the Chief Deputy explaining what specific duties and responsibilities they will be preforming during their outside business or employment.

Wearing Citation Bars and Medals

Bars will be worn on the right side above the nameplate in ascending order of significance (e.g. Excellent Service Award directly above the nameplate: Medal of Honor Award above all others). (G.O.4-9.1 E1)

Cellphone is a Container

Because a cellphone is a container like a briefcase or a notebook, police MAY search the contents of an arrestee's cellphone - for example, text messages on the phone - as part of a search incident to arrest. (Fla. 5th DCA 2012). Note: The distinction here from previous cellphone case highlighted earlier.

Reliable Informant's Information

Before the courts willfind probable cause based on the informant's information, *the officer must be sure that the information is both "RELIABLE" and that he or she has a "BASIS OF KNOWLEDGE" in order to establish "reliability", an officer should determine any of the following: (1) Did the informant come forward in the past with accurate information? (2) Is he or she making a declaration against his or her penal interest? (3) Can the officer confirm details of the informant's story? In order to establish an informant's basis of knowledge, the officer must consider rhe following: (1) Did the informant speak from personal knowledge? (2) Did the officer observe conduct directly involving the criminal activity about which the informant gave information?

Biohazardous Labeling

Biohazardous labeling MUST BE FLUORESCENT ORANGE or ORANGE-RED in color with letters and symbols in contrast color, bear the universally recognized biohazard symbol, the word "biohazard" and include enough space to describe the particular hazard associated with the object. (G.O.4-18)

Grievance Process for Veteran's

Candidates claiming Veteran's Preference who were not selected for promotion will be notified in writing by the Human Resources Division. (G.O.6-3.10 C)

Disability Status

Disability status includes all of the following conditions or causes for which a member is unable to perform the essential duties of his / her job classification: 1. Workers' Compensation injuries. 2. Long Term Disability Leave. 3. Family Medical Leave. 4. Light Duty status. (G.O.4-14.1 A)

Law Enforcement Lieutenant & Detention Lieutenant Eligibility

Candidates must have at least two consecutive years experience as a Sergeant with the agency as of November 1 of the year the member wishes to participate in the promotional process. Candidates must have earned and been awarded an Associate's Degree prior to November 1 of the year the member wishes to participate in the promotional process. Assessment Centers - Candidates must pass timed assessment center exercises. Objective criteria will be used to evaluate and quantify the exercise responses from the candidates, utilizing a standardized scoring format. Minimum passing score is 70%. (G.O.6-3.4)

Compensation and Deployment

Compensation for Secondary Employment services will be charged at the same level of the duty performed by the member. Sergeants working Secondary Employment jobs requiring a deputy (no supervisory details) will be compensated at the deputy rate. At the discretion of the SSU Supervisor or designee, if a sergeant's position is not filled by a sergeant, a corporal may be assigned and compensated at the sergeant's rate. (B) When for or more deputy sheriffs are required for a Secondary Employment assignment, one sergeant will be employed. (C) The employer may be assessed the three-hour minimum rate for cancelled or postponed assignments unless the SSU Supervisor or designee, the Special Operations Division Secretary, the Secondary Employment Clerk(s) or the Communications Center is notified a minimum of twenty-four hours prior to the specified starting time. (E) If conditions arise that require a member to work in excess of the contracted hours without the employer's request, the member shall be compensated for this overtime through standard agency overtime procedures. For example, if an employer has contracted for a four-hour detail and the CYA software system and submit a standard Request for Overtime Compensation for the additional hour worked. (G.O.4-6.7 G)

Service of a Subpoena - Criminal Cases

Compulsory Process: provides the right of the accused to compulsory process of witnesses.

Inferred Consent

Consent may be rendered verbally, or inferred from the conduct or actions of the person from whom the police seek consent.

Criminal Liability of Law Enforcement Officer

Conspiracy Against Rights Under 18 USC 241, a law enforcement officer may be held criminally liable if he or she enters into a conspiracy to deprove any citizen of any right or privilege guaranteed by the constitution. The statute reads as follows: "If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him or her bt the Constitution or laws of the United States, or because of his having so exercised the same; or "if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured; "They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life."

Court Processing Section

Court Processing Section is responsible for maintaining all warrants that are directed to the Sheriff of Pinellas County. These warrants are accessible for verification on a 34-hour basis by a member assigned to the Court Processing Section. (G.O.16-1)

Arizona v. Gant (2009)

Court substantially rewrote this doctrine. Now, when an officer arrests the driver of or a passenger in a vehicle, the officer may search the passenger compartment of the vehicle incident to the arrest only if: (1) the arrestee is within "reaching distance" of the passenger compartment at the time of the search, or (2) it is reasonable to believe the vehicle contains evidence of the offense of arrest.

General Order 4-9 Definitions B

Degrees of Award and Description - The following awards are included in the Recognition Awards Program, and are listed in the order from the "highest" to be "lowest" award received within the agency. 1. Medal of Honor Awards: Citation Bar - solid green with gold star the risk involved.s and medal. a. Awarded for an act of extraordinary heroism by members who gave their life in the preformance of duty or distinguish themselves by the performance of a courageous act involving imminent danger to their own life. While knowing of the risk involved. b. The act must have been performed for the purpose of saving or protecting human life. There may be no margin of doubt or possibility of error in awarding this honor. Members must render themselves conspicuous by an act so outstanding that it clearly distinguishes that courage. 2. Combat Cross Award: Citation bar - all green with gold star and medal. Awarded for an act of exceptional heroism while engaged in combat with an adversary armed with a deadly weapon. 3. Purple Heart Award: Citation bar - all purple with gold heart, and medal. Awarded to members who, in the line of duty sustain personal injuries inflicted by criminal means. 4. Exceptional Service Award: Citation bar - green , white, blue with gold star. a. Awarded for an act of heroism at imminent danger to a member and with knowledge of the risk of grave personal danger. b. Regarding the element of "grave personal danger", officer-safety principles should be weighed against the apparent urgency of the situation. 5. Meritorious Service Award: Citation bar or pin - green, white, blue. Awarded for an act of outstanding bravery while attempting to save a life. 6. Excellent Service Award: Citation bar - green, white, green. Awarded for an innovative self-initiated act materially contributing to a valuable law enforcement accomplishment, i.e., outstanding arrest. 7. Unit Achievement Award: Certificate. Awarded for excellence in a group effort in an investigation, arrest, or other group achievement that brings recognition to the Sheriff's Office. The unit award nomination can only be submitted by the Bureau Commander or Director. Members nominated for the Unit Achievement Award are nominated as a group, and should not receive individual awards for their performance in the same incident as the unit, with the exception of an individual Medal of Honor. Combat Cross or Purple Heart earned while performing with the unit. 8. Gold Star Award: A gold certificate and citation bar or pin. Awarded for an exemplary act or outstanding performance that brings recognition to the Sheriff's Office, or when a member attempts to save a life in a non-threatening situation. 9. Certificate of Professionalism: Awarded for dedication and professionalism exhibited in the performance of duty. This certificate is intended to recognize members for superior performances, bringing credit to themselves and to the Sheriff's Office. This award may be bestowed for individual acts (e.g. - an important arrest), for development of an innovative and important program, or for professional management of a specific endeavor.

Accrue Vacation

Eligible members accrue vacation leave based on years of completed service as follows: 1. Members on exempt salary status accumulate vacation leave on the basis of 6.2 hours biweekly up to 160 hours a year regardless of length of service. 2. Members must be cognizant of vacation leave accrual as leave accrued above the maximum is FORFEITED. Additionally, the conversion of unused sick leave contributes to the overall accumulation of vacation leave. It is the agency's policy that leave be granted to members liberally so a member does not forfeit accrued vacation vacation leave. (G.O.6-10.2 C1-2)

Vacation (Annual) Leave

Eligible members are entitled to accumulate and utilize vacation leave. Leave requests are approved at the discretion of the member's supervisor and approved by the respective Bureau Commander. Members hired in a position classified as temporary or in an emergency capacity are not eligible for vacation leave. (G.O.6-10.2 A)

Educational Asstance Program Approval Procedures

Eligible members will be reimbursed up to $1,500.00 per fiscal year (October 1 through September 30) for job related educational expenses that generally include cost of tuition, books and course-related fees. Approval for courses must be obtained prior to the course start date. If an approved course has been cancelled by the college or university for lack of participation (or other reasons) and the member wishes to substitute a course for the one cancelled, a memorandum of explanation and a new request for educational assistance must be submitted to the Human Resources Division within 10 days. *Failure to comply with this within the 10 working days will result in the member losing educational assistance eligibility for the remainder of the current fiscal year and through the next fiscal year. (G.O.4-3)

Other Employment While on FMLA Leave

Except for FMLA leave for the birth, adoption or foster care placement of a child, a member who is on FMLA leave or other extended medical leave shall not work at any other employment while on such leave, including outside employment for another private or public entry or secondary employment conducted through the agency. (G.O.6-18.9)

Motor Vehicle Repairs

F.S.559.917 Provides for the vehicle owner, who refuses to pay the repair bill to take possession of his or her vehicle by posting a bond with the clerk of the court. Once the vehicle owner has posted a bond in the amount of the repair invoice (including storage), the clerk would then issue a certificate directing the repair shop to release the vehicle. *The refusal of a repair shop to release the vehicle once the certificate is issued is a 2nd degree misdemeanor.

Family and Medical Leave Act of 1993 (FMLA)

FMLA, was passed by the 103rd United States Congress and subsequently signed into law on August 5, 1993. The Family and Medical Leave Act is a labor law requiring larger employers to provide their employees with job-protected unpaid leave due to a serious health condition that makesthe employee unable to perform his or her job or to care for a sick family member or to care for a new child (including by birth, adoption or foster care). The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor. (G.O.6-18)

Fraudulent Practices

Florida Statutes 817.38 (Simulated Process) provides that: "It is unlawful for any person, firm or corporation to send or deliver, or cause to be sent or delivered any letter paper, document, notice of intent to bring suit, or other notice or demand, which simulates a summons, complaint, writ, or other court process, or any letter, paper, or document which simulates the seal of the state or the stationary of any state agency. "Violation of this section is a second degree misdemeanor.

Search of a Person

Florida Statutes 901.21(1) provides for the search of a person and the area within the person's control when a lawful arrest is effected to: (a) protect the officer from attack; (b) prevent the person from escaping; or (c) discover the fruits of the crime.

Florida's Civil Forfeiture Statute

Florida Statutes 932.701 through 932.707 are known as the "florida Contraband Forfeiture Act". *Regarding drug and RICO forfeitures. Note also the "innocent victim" defense provided by Florida Statutes where, for instance, a spouse having no knowledge or involvement in the criminal activity cannot be penalized by forfeiture of his or her interest in the property.

Warrant Purge

Following the verification process and subsequent arrest, deputies shall ensure the person taken into custody is delivered to the appropriate facility. If the subject is taken to the Pinellas County Jail, the Booking Deputy will notify the Court Processing Section to have the warrant PURGED. Only law enforcement certified deputies shall serve an arrest warrant. (G.O. 16-1 (E-F))

Time for Filing Charges

For defendants in custody, formal charges must be filed within 30 days from the arrest date or from the date of service of a capias for arrest. If no charges are filed, on the 30th day shall order: (1) the automatic release of the defendant on the 33rd day; or (2) with a showing of good cause by the state , order release on the 40th day A defendant shall not remain in custody beyond 40 days without being formally charged. For defendant not held in custody, provides that the prosecutor shall file charges within 30 days. If the prosecutor fails to file, the cause shall be dismissed.

Fresh Pursuit

For fresh pursuit to apply, (i) the police must act without unnecessary delay, (ii) the pursuit be continuous and uninterrupted, and (iii) there be a close temporal relationship between the commission of the offense and the commencement of the pursuit and apprehension of the suspect.

Forcible Felony

Forcible Felony means treason; murder; manslaughter, sexual battery; carjacking; home-invasion nrobbery' robbery; burglary; arson; kidnapping; aggravated assualt; aggravated battery; aggravated stalking; aircraft piracy; un

Furtive Movement

Furtive movements may be sufficient to establish reasonable suspicion justifying a pat-down search for weapons. Defendant was a passenger in car stopped for erratic driving in a high grime and drug area. During the stop, while another passenger was "jumping around", defendant ducked down, possibly reaching underneath the passenger seat as if to place or retrieve something from under the seat. The Court concluded that a pat-down search of defendant was justified.

Visitor Arrives on oremises during warrant

However, a visitor who arrives at the premises while the warrant is being served may not be searched unless there is sufficient evidence to connect the visitor to the criminal activities at the residence.

Canine Searches

However, the common areas of a hotel outside the rooms, such as a hallway, receive no Fourth Amendment protection. *Therefore, no warrant was required when police allowed a drug dog to sniff all the room doors in a hotel.

Holidays

If Christmas or New Year's Day falls on Tuesday or Thursday, the preceding Monday or following Friday will also be recognized as a holiday. If any of the recognized holidays fall on Saturday, the preceding Friday will be observed as a holiday. If the recognized holiday falls on a Sunday, the following Monday will be observed as a holiday. (G.O.6-10.1 B & C)

Fellow Officer Rule

If a law enforcement officer has information amounting to probable cause, he or she can communicate that probable cause to an officer who lacks that knowledge for purposes of the second officer making an arrest. The directing officer's knowledge is imputed to the arresting officer. This rule is applicable whether the communication is from a superior or fellow officer or between officers of different agencies.

Failure to Report to Secondary Employment Assignments

If a member fails to appear or is late arriving for a Secondary Employment Job Assignment he/she will immediately write a memo outling the circumstances by which they missed all or part the assignment. This memo will be submitted within three woring days and sent via chain of command to the SSU Supervisor or designee. Members must also directly email the SSU Supervisor or designee a copy of the memo. In the interim, the member may continue to work jobs already assigned; however, the member is not permitted to select any new jobs until the member is notified if he/she will be suspended from the Secondary Employment System. (A) Only reasons which would exempt a member from their regular duty assignment will be considered valid for not working a Secondary Employment assignment. (G.O.4-6.9 E)

Failure To Return

If a member fails to return to work at the expiration of their approved medical leave, he or she may be treated as having voluntarily resigned after three days unless an extension is requested. (G..O.6-18.6)

Administrative Referral for the Member

If a supervisor believes job performance problems are serious enough to jeopardize a member's employment, he/she can refer members to the EAP as a resource for improving performance. The basis of a referral to the EAP by a supervisor or bureau commander normally will be: 1. Continued work performance problems documented in the member's performance evaluation of any part of a member's job after being counseled by a supervisor. 2. A series of incidents which indicate the possible presence of a personal problem; or 3. A violation of the Sheriff's Office General Order 0-3, Drug Free Workplace and any other applicable agency directives. Supervisors shall discuss job performance problems with members and put in writing suggestions for improvement, including participation in the EAP. (G.O.4-16.3 A-B)

Bulge

If an officer observes the outline of a gun through a bulge, he or she can conduct a frisk. If the officer cannot identify a weapon and the bulge is in the waist area, he or she can conduct a frisk if there is some other indication of criminal activity (radio run, officer's own observations, etc.). If the unidentifiable bulge is in some other area (pants pocket, jacket pocket, coat pocket, groin area, ankle area), a frisk is only authorized if the officer is responding to a report of a crime involving a weapon.

Intervention

If intervention is deemed to be unnecessary, the bureau commander, or designee, shall document such, including the reason(s) why intervention is not needed, and will send the documentation to the Inspections Bureau to be filed. If intervention is initiated, the bureau commander or designee shall send a follow-up memorandum documenting the member's progress toward completion of the intervention every 30 days. If the intervention is being conducted through the EAP, the Director of the Human Resources Division shall provide the 30-days progress reports to the Inspections Bureau. 1. Input from the member's immediate supervisor regarding his/her observations of the member's efforts to complete intervention shall be included in the memorandum. 2. These memorandums will be required until the member completes the intervention or until it has been determined the member has failed to complete the intervention options within the specified time frame. (G.O.4-19.3 D & E)

The Edwards Rule

If the accused indicates in any manner, and at any stage of the interrogation that he or she wishes to consult with an attorney before speaking, or that he or she does not wish to be interrogated, questioning must cease immediately. The fact that the accused has previously answered some questions does not prevent him or her from terminating the interrogation.

Offense which the judge is empowered

If the offense is for an offense which the judge is empowered to try summarily, he or she shall issue a summons instead of a warrant, unless the judge reasonably believes that the person against whom the complaint was made will not appear upon a summons, in which event the judge shall issue a warrant (F.S.901.09). Arrest by Warrant

Frisking

In a addition to stopping a citizen, an officer can frisk an individual when the officer reasonably suspects that he or she is in danger of physical injury. The frisk can be used to feel for any weapons and it essentially is a "pat-down" of the suspect. The officer can also pat-down a citizen's bag or container if that officer has a right to frisk the individual. Frisk is not a full-blown search. *It is only a self protective procedure which is utilized to feel for weapons.

Family Medical Leave Act of 1993

In accordance with the Family and Medical Leave Act of 1993, related Federal regulations and the provisions of this General Order, family and medicial leave will be granted, up to a total of 12 weeks during any rolling 12 month period to eligible members for the reasons stated below. A. The birth of the member's child and in order to care for the child (this includes leave for a pregnant member who becomes unable to work and leave for prenatal care). B. The placement of a child with the member for adoption or foster care in order to care for the child. Entitlement to leave for the birth / placement of a child, for adoption or foster care, will expire 12 months from the date of the birth or placement. NOTE: If both parents work for the Sheriff's Office, their combined leave is 12 weeks. C. To care for a spouse, child or parent who has a serious health condition. D. A serious health condition that renders the member incapable of performing the essential functions of his/her job. E. A chronic, episodic or serious health condition that requires continuing treatment and / or recovery treatment by a health care provider (e.g., worker's compensation, asthma, diabetes). F. Any "qualifying exigency" arising out of the service member's current tour of active duty or because the service member is notified of an impending call to duty in support of a contingency operation. G. Care-giver leave for an injured service member. Twenty-six weeks of FMLA leave during rolling 12 month period for the spouse, son, daughter, parent or nearest blood relative caring for a recovering service member. (G.O.6-18.1 A-G)

Capital with Specific Justifications

In accordance with the budget schedule issued by the Fiscal Affairs Office, agency components will submit all requests for new personnel and capital with specific justifications to support these requests. 2-2.4

Procedures for Psychological Assessment in Cases Involving Death or Great Bodily Harm

In all cases where a member uses deadly force or the use of force results in great bodily harm against a person, the involved member shall be required to attend a consultation with a psychological professional of the Sheriff's choosing within three days of the incident, unless there are extenuating circumstances. * All consultations with the psychological professional will be arranged through the Inspections Bureau at agency expense. (G.O.4-14.2 A & C)

Service of Process In Action for Possession of Residential Premises

In an action for possession of residential premises under F.S.83.59, if the tenant cannot be found in the county or there is no person 15 years of age or older residing at the tenant's usual place of abode in the county, after at least two attempts to obtain service as provided in this subsection, the summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons. The minimum time delay between the two attempts to obtain service shall be six hours. (G.O. 16-2.12)

Eyewitness Lineups

In general, the Fifth Amendment protection that "no person shall be compelled in any criminal case to be a witness against himself", does not protect a suspect from being compelled by the State to provide "real or physical evidence." Certain acts, although incriminating, have been held not to be within the Fifth Amendment protection. For example, a suspect may be compelled to furnish a blood sample, to provide a hand writing exemplar, or a voice exemplar, to stand in a lineup, and to wear particular clothing.

"Return to Work"

In order to be considered as having "returned to work" the member must return to the workplace for at least 30 calendar days. If the member fails to return to work after the expiration of the leave, the member may be required to reimburse the Sheriff's Office for its payment of insurance premiums during the leave, unless the member's failure to return is due to his / her own serious health condition or circumstances beyond his / her control. (G.O.6-18.4 B-C)

Benefits during Leave on FMLA

In order to be considered as having "returned to work", the member must return to the workplace foe at least 30 calendar days. If the member fails to return to work after the expiration of the leave. The member may be required to reimburse the Sheriff's Office for its payment of insurance premiums during the leave, unless the member's failure to return is due to his / her own serious health condition or circumstances beyond his / her control. (G.O.6-18.4 A-B)

Employer Requests and Member Assignment

In the event a job requiring at least a minimum of four deputies plus a sergeant is not filled by the Secondary Employment Clerk, it shall be the responsibility of the SSU Supervisor, or designee, to inform the Patrol Operations Shift Commander of the time and location of the event. (G.O.4-6.4 L)

Officer's Hunch

It cannot be based on an officer's "hunch" that an individual was doing something wrong. If the officer is acting on a hunch then the officer can only resort to a consensual encounter. The officer will be required to give specific facts which justified his or her actions.

Tampering with Evidence

It is a felony of the third degree to alter, destroy, conceal, or remove evidence. (F.S.918.13) * Placing drugs in one's mouth and swallowing them constitutes tampering with evidence.

Sexual Harassment

It is the policy of the state that sexual harassment is a form of discrimination. *Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature from any person directed towards or in the presence of an employee or applicant when. (i) Sumission to such conduct is either explicitly or implicitly a term or condiction of an individual's employment; (ii) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environments.

Loitering or Prowling F.S. 856.021

It is unlawful fo any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. *Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that (1) the person takes flight upon appearance of a law enforcement officer, (2) refuses to identify himself, or (3) manifestly endeavors to conceal himself or any object.

General Property

Items which do not require special locations, climate controlled or vault locations. Excluded from general property are: guns, ammunition, casings, projectiles, valuables, currency, narcotics pomographic material, recorded media and biological item requiring refrigeration. (G.O.7-2 F)

Application by Law Enforcement Certified, Corrections Certified or Specialized Support Members

Law Enforcement certified, corrections certified or specialized support members who wish to participate in Secondary Employment shall have their immediate supervisor email [email protected] providing members name, payroll number, contact phone numbers and Radar/Laser certification . Upon receipt of the email, the Secondary Employment Office will grant the member access to the SEMs software enabling the member to sign up for off-duty jobs. The member will have their immediate supervisor email [email protected] at the following designated times: (1) After successfully completing the Field Training Program. (2) Requesting re-instatement after completing a CYA suspension. (3) Requesting re-instatement after completing a disciplinary suspension. (G.O.4-6.2 A-B)

Career Counseling

Law enforcement certified and corrections certified members respectively will be counseled by a member of at least the rank of lieutenant and shall not be the member's immediate supervisor. (G.O.6-12.3 C)

Florida's Residential Landlord and Tenant Laws

Law enforcement officers are frequently called upon to settle disturbances arising out of landlord-tenant disputes. It is important to note the following in regard to such disputes. *Landlord and tenant laws are civil in nature. They do not concern criminal laws unless the disute escalates into a criminal matter.

Child Custody Disputes

Law enforcement officers are sometimes called upon to settle child custody dispute. Pursuant to F.S.744.301, a married mother and father are jointly natural guardians of their own minor children and their adopted minor children. *If the marriage is dissolved, natural guardianship belongs to the parent to whom custody is awarded; if joint custody is given, both shall continue as natural guardians.

Vision Statement

Leading the Way for a Safer Pinellas

Intermittent Leave - FMLA

Leave taken in separate blocks of time due to an illness or injury. For example, leave taken a few hours at a time to visit a doctor or several days at a time over a period of months for chemotherapy. Intermittent leave is mandatory only for those situations where it is medically necessary; however, it may be granted by the Sheriff for routine care of a newborn or newly place child. (G.O.6-18 F)

Substitute Service of the Original Process

Leaving the copies of the process at his usual place of abode with any person residing therein who is 15 years of age or older and informing that person of their contents. Substitute service may be made on the spouse of the person to be served at any place in the county, if the cause of action is not an adversary proceeding between the spouse and the person to be served, if the spouse requests such service and if the spouse and person to be served are residing together in the same dwelling. (G.O. 16-2.2 (B)1-2))

Service on Minor

Legal service may be made by serving a parent or guardian of the minor. (G.O. 16-2.5(A))

Service on a Prisoner

Legal service of civil process on a state or county prisoner shall be made on the prisoner by delivery to the prisoner (personal service). (G.O.16-2.8)

Juvenile Confidential Informants

Level of supervisory approval required before a juvenile is used as a confidential informant. The agency must also establish policies and procedures to assess the suitability of using a person as a confidential informant by considering the minimum following factors: *the person's age and maturity; *the risk the person poses to adversely affect a present or potential investigation or prosecution; *the effect upon agency efforts that the disclosure of the person's cooperation in the community may have; and etc. (see legal guidelines page 14)

Live Plants for Evidence

Live plants will always be packaged in appropriate sized paper bag. All live plants are required to be dried and then packaged in paper bags. PED has a drying room available with secure cages for plants to dry. Live plants packaged and not properly dried or packaged in airtight containers such as plastic bags will rapidly deteriorate. Moldy plant material not packaged or dried properly are known to create an environment for the growth of dangerous mold spores and fungi and become a substantial health risk to all who come in contact. (1) All live plants will be packaged in paper bags. Case agents are to remove roots and not balls. (2) Live plants shall be submitted to the main PED building during normal business hours. If after hours, live plants weighing less than five pounds can be placed at the drop lockers locations. More than five pounds constitutes a call-out and the Communications Division should be contacted for a possible call-out. (G.O.7-2.2(F)7c & G1-2)

Chain and Transfer of Custody (Evidences)

Maintaining an accurate chain of custody is very important when submitting property and evidence. The chain of custody should be kept as short as possible. If any property or evidence is transferred to another member and / or location from the field prior to being submitted to the Property and Evidence Division, this transfer shall be documented in an ACISS Incident / Offense report. (G.O.7-2.2 (A)1-2)

Restrictions on Secondary Employment

Members are permitted to work a maximum of 24 hours within a seven day period. G.O.4-6.3 C)

Applications for Transfer

Members interested in applying for the vacant position shall submit a memorandum, via chain of command, to the Human Resources Division. It is the members responsibility to provide relevant information for consideration in the memorandum or as an attachment. A copy of all requests will be forwarded to the Human Resources Division by the members' current bureau commander. The request receipt will be acknowledged by the Human Resources Division and a copy placed in the member's personnel file. Any Member applying for the vacant position WILL notify the designated point of contact listed within the posting, (i.e., Supervisor / Manager) or the Human Resources Division to advise that he/she has submitted a transfer memorandum and seek answers to any related questions. After a posting has closed, the Human Resources Division or Bureau designee will contact the member(s) to advise them of their next action(s). (G.O.4-13.2 C)

Appeal Process of Performance Evaluation

Members may appeal, in writing, to the rater and the reviewing authority within 10 calendar days from the date the member signs / receives the performance evaluation. The member's appeal shall be forwarded through the chain of command to the Human Resources Division. Evaluations and appeals will be contained within the Performance Management Program. (G.O.6-12.5)

Corporal Selection Process - prior 10/2014

Members may be appointed to corporal with less than five years of service. A minimum of two years experience (exclusive of field training) with this agency is required. (G.O.6-3.8 A)

Removal from Corporal's Assignment

Members may be removed from the corporal assignment in the following ways: 1. At the member's request via memorandum to their Bureau Commander. 2. Upon transfer or promotion. 3. Failure to satisfactorily pass the sergeant's eligibility criteria. 4. Failure to be reappointed after three years. 5. At the recommendation of the Bureau Commander and with the approval of the Sheriff, when acting in the best interest of the agency. (G.O.6-3.8 G)

Obtaining Assistance

Members may obtain professional assistance through the EAP in one of the following ways: 1. Self-referral (including family referral) 2. Administrative referral. (G.O.4-16.2A)

Recognition of a Dependency

Members suspecting they may have an alcohol/drug abuse or dependency problem have the primary responsibility to immediately seek diagnosis and treatment through the assistance of the Drug/Alcohol Dependency Intervention Program or a similar agency approved intervention program. Supervisors observing unsatisfactory job performance, attendance, behavior or poor health from subordinates that they believe may be resulting from alcohol and/or drug use, should immediately and privately discuss the matter with the member to determine if such a problem exists. (G.O.4-19a.1 B)

Probationary Members Performance Review Frequency

Members who are in a probationary status for any reason, unless otherwise excluded, will be evaluated quarterly from the beginning date of probation through the end of the probationary period. Immediate supervisors of probationary members will utilize the rating and review procedure described in the Performance Review Manual to accomplish the quarterly evaluations. These evaluations will be used at the division level to determine if the probationary members are making satisfactory progress in the performance of required tasks, duties and are suitable for continued employment in the new job classification. (G.O.6-12.1 B)

Inspection and Control

Members working Secondary Employment assignment shall be subject to inspection by any supervisor. Violations of rules and regulations and / or directives for the assignment shall result in disciplinary action and / or Suspended or "inactive" status within the SEMS software system. (G.O.4-6.10 A)

Agenda for Supervisory/Support Staff Meetings

NO specific agenda for conducting supervisory/support staff meetings will be observed and attendance at these meetings will be on a voluntary basis. 2-3.2B

Defective Warrants

No arrest warrant shall be dismissed because of any defect in form. Warrants which are defective in form may be subsequently amended by the judge to remedy such defect.

Employment Practices, Familial and Interpersonal Relationships

No member shall select, influence, recommend, or otherwise advocate for the promotion or advancement of a family member or paramour, (G.O.3-7.1C)

No Member can Use Vacation Leave with less than 3 months employment

No member will be eligible to use vacation leave with pay until he or she has completed three months continuous service from the date of his or heremployment. No member is eligible to use vacation leave that has not already been earned. (G.O.6-10.2 C4)

Abated Fears

Once a frisk is completed and the officer's fears have abated, the officer cannot continue to search the suspect. Be aware that there is no automatic right to frisk a suspect during an investigatory stop as a matter of routine - the officer must be able to articulate some specific factual basis for believing that the suspect is armed before conducting a pat down. *However, an officer need not have any reasonable suspicion to frisk a person who is about to voluntarily become a passenger in that officer's vehicle.

Stale

Once a police officer has probable cause to search, he or she must QUICKLY APPLY FOR A WARRANT. If not, the officer runs the risk that the information may become "stale". Before a judge will sign a warrant he or she must believe that the property sought is currently at the designated location.

Execution of the Search Warrant

Once the judge issues the search warrant, a deputy must execute the warrant within 10 calendar days of its issuance. (G.O. 16-4.3 (A))

Cautions of Observe

One of the most common pitfalls in the area of reasonable suspicion and probable cause is the timing of an officer's arrest. In his or her zeal, an officer frequently acts prematurely and as a result nullifies what might have been a valid arrest.

Procedure

Physical Abilities Test Program or in-service training or firearms training, the member's Bureau Commander shall attempt to find a temporary light duty assignment, within the member's assigned bureau, compatible with the member's physical abilities as documented by the member's physician. The Bureau Commander should ensure the appropriate "light duty" code is recorded on the member's Form 30. The member shall obtain updated medical documentation verifying his / her continued or ongoing treatment every 30 days, unless otherwise specified by the physician's documentation or authorized by the Human Resources Division Director. Such original document shall be forwarded to the Director of the Human Resources Division via the member's chain of command. Certified members who are placed on light duty shall not perform dities requiring certified status, wear agency uniforms, or drive marked agency vehicles. Exception: Detention deputies working inside the jail may wear the uniform for identification purposes, as authorized by their division commanders, but may only work in positions that do not require direct control or custody of inmates. All members working a light-duty status, whether or not they are assigned to a different cost center, shall be record in Payroll as "LD" (regular hours - light duty) for the entire duration of their light duty status. Any member on light duty assignment may work overtime, if required, but only if medically unrestricted for the duties and responsibilities required by the overtime assignment. a. Any member on light duty assignment because of a workers' compensation injury which requires attendance at medical or physical therapy appointments may be assigned to work during daytime business hours in order to facilitate the on-duty attendance at such appointments. b. Any member on light duty assignment for non-work related injuries or illnesses may be assigned to work during dattime business hours, and shall attend all medical or physical therapy appointments by use of sick leave or compensatory leave, as approved by the division commander. A "Return to Work" authorization form must be completed by the member's treating physician stating the member may return to full duty without any restrictions. Due to the physical requirements of certain job classifications, members in those positions may also be required to obtain a completed Fitness for Duty Report form from their physicians. The agency reserves the right to request second opinions from other physicians. A membr may not return to full duty until a resolution has been made regarding other requested medical opinions. (G.O.4-14.1 C1-4)

Searching Vehicle of Arrested Subject(s) Incident to Arrest

Police may search a vehicle incident to a recent occupant's arrest under either of the following circumstances: The arrestee is within reaching distance of the passenger compartment at the time of the search. It is reasonable to believe the vehicle contains evidence of the arrest. See Arizona v. Gant, 556 U.S. 332 (2009). This law applies to search of a vehicle incident to arrest only and does not apply to other justification for searches of vehicles such as probable cause or plain view. (G.O. 16-3.4(A) 1-2)

Service on Prisoners

Process against a prisoner must be served on the prisoner.

Service on State

Process against the State of Florida shall be served on the state attorney or assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered mail or certified mail to the State Attorney General. Service may also be made to those heads of agencies or subunits to which directed. (G.O.16-2.9)

Civil Process

Process is defined as any means used by a court to acquire or exercise its jurisdiction over a person or over specific property. The word "process" for the purpose of this General Order, refers to a summons, a summon and complaint, or a writ. Service - The delivery of any item of civil process that is completed with the act of delivery and does not require the physical or legal seizure of a person or thing. (G.O. 16-2)

Service on the Registered Agent of a Business

Process on any business qualified to transact business in Florida may also be served on the registered agent and registered office. If the registered agent cannot be found, service made on any employee at the place of business.

Time Computation

Provides for the calculation & possible enlargement of time periods for the civil rules. Time periods run from the day after the act or event. The last day of this period is included in the time limit computed unless it's a Saturday, Sunday or legal holiday. Five days are added to periods where service is allowed by mail.

Return of Service

Provides that a return of service, or return of incomplete service, shall be filed with the Court by the person making service. Proof of service is made by affidavit "promptly and in any event within the time during which the person served must respond".

Qualified Immunity

Qualified immunity is an affirmative defense against 1983 claims, Its purpose is to shield public officials from undue interference with their duties and from potentially disabling threats of liability where the official acts objectively and reasonably in the good faith performance of his or her duties.

Eligibility for Trandsfer

Qualified members shall not have had any sustained formal disciplinary action(s) of a reprimand or above within the past six months from the date of posting. Qualified supervisory personnel shall be assigned or transferred to new assignments based upon the needs and best interests of the Sheriff's Office. (G.O.4-13.1 B-C)

Release

Release of the defendant is conditioned on the court's discretion in holding an accused to protect the community, assure his appearance at trial, to assure the integrity of the judicial process and other factors pertaining to the nature of the crime, weight of evidence, conduct and history of the accused. The Court may also require a monetary bond.

Service of a Subpoena - Civil Cases

Subpoenas may be issued to command appearances of witnesses at depositions and at trial. A subpoena may also be issued to include the production of documents (subpoena duces tecum). The subpoena shall be issued by the clerk of the Court under the seal of the Court and shall specify the time and place. The subpoena shall be give "reasonable notice" to appear. A subpoena can be mailed in certain instances as long as it is mailed seven days prior to the date of the witness' required appearance.

Maryland v. Dyson

The U.S. Supreme Court concluded that even if law enforcement officers have ample time to obtain a search warrant for a motor vehicle, they are not required to do so.

Submission & Release of Prescription Drugs

Safekeeping - Inmate prescriptions: Will not be accepted at PED and are to be submitted to PCJ Property Section. Loose, unlabeled pills or pills not in original bottle not accepted by the Pinellas County Jail will be accepted. Lost, found safekeeping or abandoned property must be submitted in original labeled prescription bottles if the intent is to return item(s) to the owner. The case agent is responsible for determining and verifying ownership. The PED drug control clerk or supervisor will verify if the prescription is valid, once the owner has supplied a valid copy of his/her prescription. (1) Loose pills, unlabeled pills or expired pills or containers with more than one type of pill will require the owner to obtain a court order for the return of the pills. (2) Pills submitted with correct prescription bottles will require photo identification and a valid copy of the prescription to the PED drug control clerk or supervisor for release. (3) Release of prescriptions will only be done Monday through Friday 8am to 5pm, excluding holidays, by the PED drug control clerk, shift supervisor or Division Commander.

Service By Mail

Service by mail is generally not permitted except in small claims matters $2,500 or less where registered mail with a return receipt must be used.

Service by Publication

Service by publication is allowed in very limited matters such as liens, title claims, partition, garnishment, replevin, probate and other matters not requiring personal service by law.

Service of Process

Service of process is made after the (1)issuance by the clerk or judge; (2)under the clerk or judge's signature and; (3)under seal of the court, of a summons

Service on Tenants

Service on tenants for eviction also may be made by attaching the papers to a conspicuous place on the property Only when there is no one fifteen years of age or older at the residence and WHEN the tenant cannot be located in the county and AFTER attempting personal service twice at least six hours apart.

Service on Sunday

Service or execution on Sunday of any writ, process, warrant, order or judgment is void. If an affidavit is made by the person requesting service or execution that he / she has good reason to believe that any person liable to have any such writ, process, warrant, order or judgment served on time intends to escape from this state under the protection of Sunday, any officer furnished with an order authorizing service or execution by the judge or magistrate of any incorporated town may serve or execute such writ, process, warrant, order or judgment on Sunday and it is valid as if it had been done on any other day. (G.O. 16-2.13)

Sick Leave Definition

Sick leave is provided for absences compelled by illness and / or other specified circumstances. Members hired in a position classified as temporary or in an emergency capacity are not eligible for sick leave. A member may request to utilize paid sick leave for the following circumstances: 1. For the member's own illness, surgery, pregnancy, childbirth or other serious medical conditions as well as medical and dental appointments. 2. For absences due to illness in the member's immediate family (spouse, parent, child, sister or brother of the member), a guardian or any person residing in the household if that person is related to the member by marriage or by bloodline. 3. When FMLA does not apply, the Sheriff may grant the use of sick leave for absence due to the extended serious illness of any person related to the member or the member's spouse. (G.O.6-10.4 A-B) E. Requests for unscheduled sick leave or FMLA leave are accomplished by the member personally notifying his / her immediate supervisor or any other supervisor as authorized by the member's Bureau Commander, prior to the start of the member's assigned shift (extenuating circumstances understood). If notification is made to a supervisor other than the member's immediate supervisor, that supervisor is required to make further notification as soon as possible, but no later than the next shift change. The member will be required to provide the nature of the illness or circumstance leading to the absence. F. A supervisor has discretion and may request a member provide proof of illness for absences over three days or for questionable absences. This proof must be in writing, signed by a medical provider or representative of the provider's office and specify the date(s) the member was under the provider's care or unable to work. H. A member who has exhausted all accrued leave may request to continue in a leave without pay status Continuance on leave without pay, other than FMLA leave, is subject to approval by the Sheriff. I. Members failing to notify and report to their supervisor for three consecutive work days shall be considered as having resigned. J. Members may donate accrued sick leave or vacation leave to another member for a medical condition. Such donations may take place only after all of the receiving member's accrued personal leave banks have been exhausted. 1. The affected member must request the donation of time and the request must be approved by the Sheriff prior to any announcement regarding the request being distributed within the agency. 2. Sick leave or vacation leave donated by members in a pay grade lower or higher than that of the receiving member will not be on an hour for hour basis, but will be computed on the basis of a prorated scale. 3. Sick leave donated in accordance with this policy will not reduce the amount of unused sick leave to be converted to vacation leave or compensatory time. (G.O.6-10.4 E, F, H-J)

Defendant's Cell Records

Similarly, there was no violation of the defendant's constitutional rights when police obtained records for his/her cellphone from his/her service provider which showed the numbers dailed from and received by the phone without a warrant or court order.

Permission to Search Vehicle

Similary, following a valid traffic stop, there is no requirement that an officer tell an individual that he or she is free to leave, before asking for permission to search his or her vehicle.

Personal Protective Equipment (PPE)

Specialized clothing or equipment worn to protect members from exposure to bloodborne pathogens. (NOTE: Bloodborne pathogen PPE is not to be confused with agency issued CBRN PPE also known as the "black bag".) (G.O.4-18)

Substitute Service

Substitute service may be authorized by a specific statute when a resident or nonresident conceals his location. A plaintiff must attempt personal service, or if on a partnership or corporation on the officers or partners. Certified or registered mail must then be used. If all attempts at locating the defendant fail then service, personal or by certified mail, is made upon the designated statutory or public officer. An affidavit must be filed stating that a plaintiff was diligent in attempts to locate the defendant or that the defendant is in fact hiding from service.

Time & Method of Service - Criminal Cases

Summons shall be served in ame manner as a civil complaint.

When Supervisors Should Make Referrals

Supervisors may at any time recommend the EAP, if appropriate, to subordinates in an effort to help improve their performance. The basis for such a recommendation could be; 1. A moderate decline in one or two areas of the job performance not corrected in a reasonable amount of time after a performance review; or 2. The member admits to a personal problem that has not yet affected his/her job performance. In this instance, participation by the member is voluntary. The supervisor would not receive any feedback other than what the member shares with the supervisor and information required to substantiate any absence. Supervisors may contact the Human Resources Division Director or designee to discuss the member's decline in performance and seek input on referring the member to the EAP. (G.O.4-16.4 A & D)

Fellow Officer Rule pertains to Misdemeanor Offenses

The "Fellow Officer Rule" pertains to misdemeanor offenses, as well as felony offenses. *Be aware that the "fellow officer rule" applies in cases of searches as well as arrests.

Inventory Search of the Vehicle

The *police can also perform a valid warrantless search of a car as part of an inventory search which is conducted after an arrest is made. The inventory search must be conducted in good faith pursuant to local police procedures and cannot be used as a pretext for investigating suspected ctiminal activity.

Exigent Circumstances

The Court found that exigent circumstances would have to exist and the recall had to be based soley on an independent recollection.

Tennessee v. Garner, 471 U.S. 1 (1985)

The Court stated "Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force. *Thus, if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the "infliction or threatened infliction of serious physical harm," the use of deadly force is permissible. If the officer does not have probable cause to believe the above, reasonable, non-deadly force must be used to effect the arrest.

Authority and Responsibility

The Director of the Human Resources Division shall be vested with the authority and responsibility for administering the agency's role in the promotion process. Information on the availability of the study materials will be provided by the Human Resources Division. (G.O.6-3.1)

Use of Handcuffs

The Florida Supreme Court has ruled that handcuffing a person while conducting a stop and frisk is reasonable when circumstances reasonably justified the use of such restraint (e.g. for officer safety or to thwart a suspect's attempt to flee). The continued use of handcuffs after the pat-down was held illegal.

Cellphone Search

The Florida Supreme Court has ruled that the data on a cellphone may not be searched incident to arrest once the phone has been removed from an arrestee's person.

FMLA Paperwork

The Human Resources Division will send FMLA paperwork to the member within 5 business days of receiving the initial leave request. (G.O.6-18.2 J(3))

Members Suggestion Awards Program

The Public Information Office will coordinate the Members Suggestion Awards Program. All classified members, using a Members Suggestion Form, are eligible to submit suggestions to the Public Information Office. Suggestions will be reviewed for eligibility and forwarded to the appropriate Bureau Commander for review. If approved, the Public Information Office, to the Recognition Awards Review Board, will submit the suggestion. (G.O.4-9.4 A)

Strategic Planning Section

The Strategic Planning Section will facilitate the updates to the strategic plan. The plan will cover a two-year period, beginning with October of the following fiscal year and serve as the foundation for a two-year budgeting process. 2-2.2B

Civil Action for Deprivation of Rights

The U.S. Supreme Court has ruled that an officer (and the department) may be sued for money damages by the victim of an unlawful arrest. *It is important to note that any action brought under this section of the United States Code for deprivation of civil rights, has to have the indispensable elements that the actions complained about were performed under (1) color of state law and (2) by one who is a state official, i.e., a police or peace officer.

After 14-days break in custody

The U.S. Supreme Court has ruled that when a suspect who has requested an attorney is re-leased from pretial custody for 14 days or more, then the Edwards rule no longer applies. After a 14-day break in custody, police may attempt to once again initiate questioning even though the suspect is not accompanied by an attorney.

Accrual Rate per hour for Vacation

The accrual rate per hour for vacation is as follows: Years of Service Accrual Rate 0 - 5 .0577 per hour 6 - 7 .0615 per hour 8 - 9 .0654 per hour 10 - 14 .0692 per hour 15 - 19 .0731 per hour Year 20+ .0769 per hour (G.O.6-10)

Budgeting/Planning Process

The agency will annually establish and update goals and objectives for each component, providing direction and unity of pupos for the entire organization. This process will enable the agency to systematically measure its performance and development. All goals and objectives are available to effected personnel within each organizational component at the bureau command level. 2-2 Discussion

Agency Planning Session

The agency's strategic plan shall be reviewed and utilized as a guide in formulating the agency and individual component's goals and objectives. 2-2.3A

Courts Examination of Four Factors for area claimed to be curtilage:

The analysis employed by courts entails an examination of four factors: (1) the proximity of the area claimed to be curtilage to the home; (2) whether the area is enclosed, for example, by a fence or hedge; (3) the types of activities for which the homeowner uses the area; (4) the measures taken by the resident to guard the area from observation by people passing by.

Curilage and Open Fields

The area around the home, often referred to as the "curtilage", enjoys the same constitutional protections as the home itself. This includes areas such as the garage, garden, or the immediate yard. However, courts have held that the area outside the curtilage is not worthy of the same protection.

Budget Packet

The budget packet will be distributed agency-wide during the first week in November. Components will be required to prepare and enter proposed budgets into the budget module of Governmental Managerial Budgetary Accounting (GMBA) system within 10 weeks. 2-2.7B

Re-evaluation

The deputy must show constant improvement at each re-evaluation until the minimum standard is met. Falling below or staying at the same level as a previous non-passing level is unacceptable and is considered as no progress, subject to the following disciplinary action: a. First failure to show improvement - Letter of Counseling. b. Second failure to show improvement - Written Reprimand. After the first two steps in the progressive discipline process, a deputy is subject to further discipline including, a change in job assignment, suspension, demotion, or dismissal. (re-test every two weeks until the test is either passed or other appropriate action is taken).

Agency's Strategic Plan

The development and revision of the agency's strategic plan is an integral part of the agency's annual budget beginning in August and submitted on or before November 15. 2-2.2B

Sheriff's Office Employee's Assistance Program

The employees Assistance Program is concerned with problems as soon as they begin to affect an individual's job performance. The problems dealt with bt thid program are identified as: 1. Stress Problems - Any adverse family situation, emotional problem, financial difficulty, legal entanglement, marital problem, vocational disenchantment, or other personal problem which seriously and repeatedly interferes with job perfotmance or health. 2. Alcoholism - An illness caused by the abuse of alcoholic beverages which interferes with job performance or health, or any violation of the Sheriff's Office General Order 0-3, Drug Free Workplace and any other applicable agency directives. 3. Substance Abuse - Use of any drug(s) which interfere with job performance or health or any violation of the Sheriff's Office General Order 0-3, Drug Free Workplace and any other applicable agency directive. (G,O,4-16.1 B)

Criminal Justice Procedure Flow Charts

The following flow charts provide an overview of the major steps of criminal justice procedure, from the commission of an offense to the trial of the defendant and disposition of the case. Stages I and II follow the steps of a perpetrator from the moment of the commission of a crime to arrest and initial appearance or arraignment in open court. Also included is a listing of the participants in a court proceeding. Stage III, Post Arraignment Procedures, follows the two paths by which a defendant may appear at a felony arraignment, either by a determination of probable cause or by a grand jury indictment. Following the arraignment, a "not guilty" plea by the defendant will lead to preparation for trial. Hearings on a variety of motions may occur at this stage. Stage IV, Trial, outlines the parts of a trial in eight steps. Stage V, Post Disposition, indicates the possible sentences a defendant may receive if he or she is found guilty.

Guidelines for Supervisors

The following is a practical guideline for implementing the EAP Program policy and procedures. The decision to refer an individual shall be based on evidence of deteriorating or unsatisfactory job performance. Job security or promotional opportunities normally will not be jeopardized solely based on an EAP referral. Focus on job behaviors: A. Observe job impairment as demonstrated by excessive absenteeism, decreased productivity or other problems. B. Documentation 1. Data which is collected should be as specific as possible and centered on job performance or any unusual behavior on the job. Recurring patterns are to be noted. Observations or documentation should go on over a period of time. 2. Collection of data enables the supervisor to make a fair and impartial assessment of job performance. 3. The supervisor assesses performance and when appropriate, refers the member to the EAP. C. Performance Problems 1. Frequent days off with vague or implausible excuses. 2. Excessive use of sick leave. 3. Chronic lateness. 4. Early departures. 5. Erratic or deteriorating production. 6. Missed deadlines. 7. Failure to follow instructions. 8. Errors in judgement. 9. Frequent absences from workplace. 10. Patterns of decreased efficiency as compared to past performance. D. Other Indications of Problems 1. Complaints from other members about a colleague who is difficult to get along with. 2. Overreaction to criticism. 3. Manipulation of others to take over job responsibilities. 4. Avoidance of co-workers or supervisor. 5. Deterioration of personal appearance. 6. Appearance of being withdrawn or preoccupied. 7. Wide mood swings during the day. 8. Complacency in supervisory duties. 9. Conflicting instructions issued to subordinates. 10. Delegation of responsibilities clearly within the member's own job description. 11. Submission of incomplete reports. E. Some of the performance problems noted may also qualify a member for assistance under the Personnel Intervention System. (G.O.4-16.4 A - E)

Guidelines of Arrest Affidavit

The following items should appear in the arrest affidavit: (1) A complete narrative of the offense including the day, time, place, lighting conditions, etc., and the name and address of the accused. All facts should be included which should be sufficient for a showing of probable cause for thr arrest. *All elements of the charged offense as required by the applicable statute or ordinance should be covered. Note: When writing the arrest affidavit, the author suggests that, in the first paragraph, the officer establish the legality of the contact with the subject (i.e., explain whether this was a consensual encounter, a Terry stop based on reasonable suspicion, or a stop based on probable cause, citing the relevant facts). (2) The correct Florida State statute number(s) for all felonies, misdemeanors or state penal violations. If the arrest is for violation of a county or city ordinance(s) then the respective county or city ordinance number(s). (3) The correct county or city enabling code number(s) for all state penal misdemeanor violations. (4) Signature of the arresting officer and if possible a witness to the officer's signature. (5) Signature by a deputy clerk of the court or a Florida Notary Public. (6) A list of all essential witnesses to the arrest including their addresses.

Capital Equipment

The justifications shall include information on how the new personnel and/or capital equipment will enhance the components performance and assist the component in addressing a specific need or attaining specific goals. 2-2.7E

Protection or Preservation of the Premises

The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances: (a) With the consent of the tenant; (b) in case of emergency; (c) When the tenant unreasonably withholds consent; or (d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments.

Reimbursement Procedures

The member must pay all costs associated with the approved course. Within 45 days after receipt of a qualifying course grade or a certified statement of satisfactory completion, the member must submit the following to the Human Resources Division. (G.O.4-3.5)

Performance Reviews

The member performance review requires supervisory personnel to evaluate the performance of members in the accomplishment of their duties and responsibilities on a regular basis. This evaluation determines how and to what extent member performance relates to the requirements of the position for which the member has been appointed. **The review is for the benefit of the member, agency, bureau and the supervisor. A clear and candid evaluation process tends to improve the performance of agency members. **It should be the goal of every supervisor to use the performance review as a means of communicating to every member where he or she has succeeded and where he or she requires improvement and then proceed with suggestions for improving the member's performance in the future. **All substantiated misconduct shall be reviewed and documented in the member's evaluation. (G.O.6-12 Discussion)

The Objective Test in a Consensual Encounters

The objective test in a consensual encounter is whether a reasonable person would think he or she were free to go. *The following are suggestions to establish a consensual encounter: Ask the citizen: "May I talk to you?" "Can I have a minute of your time?" "Do you mind if I search you for drugs?" "Would you mind showing me what's in your hand?" "May I look in your purse/luggage?" Or, simply walk up to a citizen in a public place and start a conversation. The courts will probably rule that what the officer thought was a consensual encounter was in fact a detention if any of the following occurs: *(1) The officer displays a weapon; (2) The officer uses a harsh, accusatorial tone of voice; (3) The officer orders the citizen to do something, i.e., stop , open your hands, don't move, stay right there or come over here; (4) The officer blocks an individual's path with a police vehicle or officer(s); (5) The individual is told he or she is a suspect; (6) The officer physically touches the individual; (7) The individual's property (driver's license, airline ticket or other personal property belonging to the person) is retained.

Sufficient Probable Cause

The officer can rely on the victim for sufficient probable cause to make an arrest, without having to verify the information. A police officer can also rely on a citizen, who is not the victim of a crime, to provide information which will constitute probable cause. While the courts have also found this type of citizen to be trustworthy, an officer must still verify that the citizen knows what he or she is talking about. This is known as the citizen's "basis of knowledge".

Procedure After Valid Stop

The officer cannot frisk the driver or other occupants unless he or she has a reasonable suspicion that they are armed.

Notice To Appear

The officer may take the accused in to the station for booking if the accused (i) fails or refuses to identify himself or to suppy the required information; (ii) refuses to sign the notice; (iii) the officer has reason to believe "the continued liberty of the accused constitutes an unreasonable risk of bodily injury to others"; (iv) the accused has no ties with the jurisdiction sufficient to reasonably assure an appearance or there is substantial risk the accused will refuse to respond to the notice; (v) the officer has any suspicion that the accused may be wanted in any jurisdiction; or (vi) or the person has previously failed to respond to notice.

Basis of Knowledge

The officer seeking the search warrant should also show that the informant's information is credible. The officer can show the informant's credibility by showing that the informant personally observed or participated in the criminal activity or by showing the informant's detailed description of the activity.

Removal or Towing of Vehicle Illegally Parked on Private Property

The owner or lessee of real property or any authorized person may cause any vehicle or vessel parked on their property without permission to be removed from said property without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage provided all conditions of the statute are followed. *If a person seeks the return of the vehicle or vessel while it is in the process of being towed or removed, it must be returned if the person pays a reasonable service fee (not more than half the posted rate for towing or removal service) after being given a reasonable opportunity to do so.

Who Can Be Served

The person served at the residence does not have to be a family member and can be anyone residing in the home. A process server must attempt to ascertain the identity and age of the person being served. The person served does not have to accept service or physically touch the papers. If the personruns, the papers can be left where they can be easily found by the person. If the person will not open the door, the papers can be left on the doorstep as long as the server can verify that the person is at home (talked with the person on the telephone or outside before approaching the door).

Plain Smell

The plain view doctrine has been expanded to include a "plain smell" corollary, finding that the odor of marijuana emanating from a car or a driver who recently exited his car, is sufficient probable cause to justify a search of the passenger compartment of the car.

Service of Witness Subpoenas

The service of witness subpoenas, whether in criminal cases or civil actions, is to be made as provided in 16-2.2 A and B, 1. In addition, a criminal witness subpoena may be posted by a person authorized to serve process at the witness's residence if three attempts to serve the subpoena, made at different times of the day or night on different dates, have failed. The subpoena must be posted at least five days prior to the date of the witness's required appearance. (G.O.16-2.2(C)(1))

Process Server

The sheriff may appoint a special process server to serve initial nonenforceable civil process papers, provided the special process server meets certain requirements.

Admissibility Of Testimony

The standard for the admissibility of testimoney concerning the out-of-court identification is whether or not there is a substantial "likelihood of misidentification which violates a defendant's right to due process." *The admissibility of the eye-witness identification will, in light of the totality of the circumstances, depend upon its "reliability" and "suggestiveness." The following factors will be examined to determine such reliability and suggestiveness: (a) The opportunity of the witness to view the suspect at the time of the crime (including items such as length of time viewed, lighting, whether face-to-face or side view, or, whether casual obervance or direct victim of the crime); (b) The witness' degree of attention; (c) the accuracy of the witness' prior description of the criminal; (d) The level of certainty demonstrated by the witness at the confrontation; and (e) The length of time between the crime and the confrontation. (The Court upheld a showup identification on the street which was conducted two hours after the crime was committed.

Eviction Action

The tenant has only five days to respond to a Complaint For Eviction

Agency Vehicle Use outside Business

The use of an agency vehicle for outside business or employment is not authorized. (G.O. 15-1.2(C))

Executed Warrant

The warrant may be executed in the daytime or nighttime or even on Sunday if expressly stated in the warrant by the issuing judge.

Refuse Permission to Search

There is No requirement that officers tell an individual he or she has a right to refuse permission to search. While an individual's knowledge, or lack thereof, concerning his or her right to refuse permission, is a factor to be considered i assessing the voluntariness of any consent given, it is not dispositive.

Investigatory Stops

There must be "a well-founded suspicion that criminal activity is afoot," quoting from State v. Simmons. "Hunch alone is not enough for an investigatory search. "Smith v. State" It is not enough to rely on the fact that others in the area have had weapons in the past.

Barricaded Suspect no Miranda Required

There was no need to read a suspect the Miranda Warning during a standoff when a detective spoke with the suspect while he was barricaded inside his apartment. There was no custody - the suspect, not police, created the situation by refusing to leave his apartment - and there was no interrogation, as the detective's purpose was to prevent to prevent the suspect from doing any violence to himself or others, not to elicit incrim-inating information.

Physical Abilities Test Program

This program is divided into two components. The first component is a Physical Abilities Test (PAT) designed to assess physical attributes, which reflect core enabling knowledge, skills and abilities and essential tasks required for certified deputy sheriffs. The second component is the development of a personalized fitness program including a physical exercise routine and nutritional counseling. (G.O.4-5)

Fruits of a Weapons Search

U.S. Supreme Court case Minnesota v, Dickerson, held that police do not need a warrant to seize narcotics while frisking a suspect for concealed weapons as long as the contraband is instantly recognizable by "plain feel". The search must be part of a protective pat-down for weapons justified on the basis of a reasonable suspicion that a suspect is armed and dangerous, and the contraband nature of the object must be immediately obvious to the police officer. The contraband in combonation with flight can result in probable cause.

Bonds

Unable or Fails To post bond: where a defendant is incarcerated and is unable to or fails to post bond and requests a trial by jury, the person shall be transferred within 5 days to the jail of the Court that will provide a trial by jury. If the prosecution is unable to file formal charges within three days of the transfer then the defendant shall be released under the same terms for a person released on his own recognizance or on bail.

Administrative Searches - School Searches F.S.934.23

Under F.S.232.256(2), the principal of a public school (or a school employee designated by the principal) has the authority to search a student's locker if he or she has a reasonable suspicion that a prohibited or illegally possessed substance or object is contained within the locker.

De Facto Arrest

Under certain circumstances, what an officer intends to be an investigatory stop may be transformed into a de facto arrest. For example, *when an officer handcuffed defendant, patted him down for weapons, then placed him (still handcuffed) in the back of a patrol car for 30 minutes, defendant was effectively arrested, even thought the State attempted to characterize this encounter as merely an investigatory stop.

Authorized To Serve

Under the authority provided under Chapter 901 and specifically, all law enforcement officers may make an arrest and issue a Notice to Appear in court for first or second degree misdemeanors or violation of a municipal or county ordinance.

Plain View

Under the plain view doctrine, the warrantless seizure of a piece of evidence that is in plain view is permissible when three criteria are met. First, the evidence must be seen from a lawful vantage point, i.e., the officer must have a legal justification for his place of observation. Second, it must be immediately apparent to the viewer that the object observed is incriminating evidence. In other words, the observing officer must have probable cause to believe the evidence in question is contraband or incriminating evidence and should need no further investigation of the object or item inquestion to realize its evidentiary value. Finally, the officer must have a right of lawful access to the object itself.

Opportunity to Dispel

Unless flight by the person or other circumstance makes it impracticable, a *law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting that person to identify himself or herself and explain his or her presence and conduct. LEO Must give the person his or her Fifth Amendment rights before affording the person the opportunity to dispel any alarm. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. *Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree.

Repossession

Unless otherwise agreed, a secured party has the right, upon default, to take possession of collateral (often a vehicle) without judicial process, as long as this can be done without breach of the peace. *The recovery agent may not exert wrongful pressure, such as the threat of force, and may not wear, present, or display a badge or carry a weapon or firearm while performing a repossession.

Payment for Unused Vacation Leave Upon Separation or Death

Upon separation from the Sheriff's Office, members shall receive lump sum payment for unused vacation leave, based on the "Max Pay Out" (Years of Service 0-9 with max accrual of 500, but max pay out 400. Years of Service 10-19 with max accrual of 572, but max pay out 472. Years of Service 20+ with max accrual of 620, but max pay out of 520.), provided they have served at least 12 months continuous service immediately prior to separation. The lump sum payout for unused vacation leave for those members who qualify for the agency's Bencor IRS 401(a) qualified retirement plan shall be deposited into the Bencor plan, subject to the requirements and limitations of the plan. Such payout shall be calculated on the member's base hourly rate at the time of separation or death as set forth in the pay scale documents, exclusive of all shift differential, biweekly adjustments, salary incentive pay or any other addition beyond the base rate. No such payment shall be made to members who have served less than 12 continuous months immeditely prior to separation. (G.O.6-10.2 D1-2)

Hiring Incentive

Upon the hire of a candidate referred by an eligible member, the Human Resources Division will submit a request to the Sheriff for approval of eight hours of Administrative Leave, to be awarded to the member. Once approved, a copy will be provided to both the member who made the referral and to Fiscal. The eight hours of Administrative Leave must be scheduled and taken within six months of the date the referred candidate is hired. (G.O.6-10.7 C)

Vehicle Use

Vehicle use is authorized for traveling to and from work and performing other duties including, but not limited to: Agency related activities Court Appearances State Attorney Investigations Training courses In-service Training Educational purposes if approved by Bureau Commanders Agency authorized events Award ceremonies Meetings Secondary employment On-call "call-outs" Support of agency sanctioned charity events (Ride with the Stars, goft tournmentss, etc.) Any other agency activity specifically authorized by supervision Short, personal errands en-route to and from work, or with supervisory permission To and from the Sheriff's Office or private gymnasium / fitness center. (G.O.15-1.1(F))

Search of Probationers/Parolees

Warrantless search of a person or his /her residence by his/her parole officer can be made a condition of his/her parole. Persons in prison and on parole do not have the full constitutional protections. However, the results of the warrantless search are limited to parole proceedings and cannot be used in a criminal proceeding (Soca v. State) The Soca court clearly stated that the evidence discovered in the warrantless search may not be admitted against the probationer in a separate criminal proceeding. Unless the search meets customary search and seizure standards established under Article 1, Section 12 of the Florida Constitution. The warrantless search must be based upon a reasonable suspicion of criminal activity.

Procedure for Promotional Process

When a candidate who wishes to participate in the promotional process has met the eligibility requirements, the candidate is responsible for registering for promotional testing during open registration and must submit the following to Human Resources by the registration deadline. a. Completed application for promotion b. Resume' in a format provided by Human Resources Elements of the Examination 1. Written Examination a. Closed book, 100 questions, multiple choice written examination based on General Orders, Criminal Procedure, State Statutes and other agency resources, as determined. The scope of the exam and study material will be announced via memorandum at the beginning of the promotion process each year. Minimum passing score on the written examination is 80%. b. The test will be given in paper form c. The test will be administered to all candidates at one time. d. The written examination will be developed and validated by an outside contractor or consultant. The top ten (10) candidates for promotion to Sergeant will have an in-person meeting with the Sheriff. (G.O.6-3.3)

Motorist Under Arrest for DUI

When a law enforcement officer places a motorist under arrest for driving under the influence (F.S.316.193) or any other motor vehicle violation, and subjects the motorist (driver) to treatment which renders him or her in custody, the officer must advise the motoristof his or her Miranda rights if the officer intends to question the suspect regarding any incriminating information.

A Person Must Identify Themself

When a person is stopped based upon reasonable suspicion, the person must identify himself or herself. (See F.S.856.021(2). If the person refuses to give his or her name, he or she can be arrested. The court approved the warrantless search of a handcuffed defendant's wallet for a driver's license or similar identification document to confirm his identity.

Lawful Stop

When an officer makes a lawful "stop", he or she can detain a suspect for a brief time to investigate criminal activity. This is known as a temporary investigative detention. Again, the detention for investigative purposes must be based on a reasonable and articulable suspicion that a suspect has committed or is about to commit a crime. The officer must be careful to keep this detention as brief as possible. If the detention continues for too long a time, the officer runs the risk of turning the "stop" into an arrest. *The time period must be "BRIEF" (usually no more than 15 to 30 minutes).

Terry Stop

When an officer saw defendant standing in the hedges between two rooming houses, in the dark around 2:15am, and knew from prior contacts with defendant that he did not live in either rooming house, the officer had reasonable suspicion to believe defendant was loitering and prowling. "Lurking in the dark by residences in the wee hours of the morning is unsual for law-abiding persons. *U.S. Supreme Court upheld a Nevada Law, which the Court compared to F.S. 856.021, **making it unlawful for a suspect to refuse to disclose his or her identity in the course of a valid Terry Stop.

Procedures for Psychological Fitness Assessment When Concerns Exist Regarding a Member's Psychological Fitness for Duty

When concerns exist regarding a member's psychological fitness for duty the member's bureau commander, after obtaining the approval of the Sheriff or designee, shall relieve the member of duty. The bureau commander will e responsible for taking control of all issued vehicles and if the member is certified, advise him / her of the suspension of his / her arrest powers and authority to carry a firearm and inform the member to turn in his / her star, commission and issued firearms to his or her supervisor. The bureau commander will notify the Inspection Bureau commander of the action and request the Human Resources Director arrange a psychological fitness-for-duty evaluation of the member. Whenever a member is eing sent for a psychological fitness-for-duty evaluation, the member shall not be armed with any weapons. If, at any time, a member feels another agency member may be at risk for suicide or is a threat to others due to a mental health crisis, the member shall immediately notify an on-duty supervisor and the member's chain of command. If the psychologist determines the member is unfit for duty, the member shall be placed on leave, using his / her accrued leave (if any) and shall not be permitted to return to work until he / she is determined to be fit for duty by the psychologist selected by the Sheriff. If certified, the member's arrest powers, commission, authority to carry a firearm and authority to drive an agency vehicle shall be temporarily suspended. 1. The Human Resources Director shall notify the member's bureau commander of the psychologist's determination. 2. If the member is certified, the Inspections Bureau Commander shall advise him / her in writing of the suspension of his / her arrest powers and authority to carry a firearm. (G.O.4-14.3 A-D)

Eye-witness Identification

When making eye-witness identifications by (1) "showup" (a direct one-on-one examination of the actual person, place or object), (2) "photo lineup" (a photographic array), or the (3) "in-person lineup" (a viewing of a group of individuals), law enforcement should observe the following procedures, so that the event may be reconstructed at court: (a) make a complete record of an identification procedure; (b) record the identify of persons participating in a lineup; (c) take a picture of the lineup; (d) when a photographic array is used for eyewitness identification, a record should be made of the photographs exhibited; *(e) in-person lineups should use at least six individuals of the same sex and race as the accused having a "substantial" degree of similarity to the accused; (f) allow only one witness at a time to view the lineup; (g) do not indicate whether the witness identifies the "correct person"

Stop and Frisk - F.S.901.151

Whenever any law enforcement officer encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, he or she may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his or her presence abroad which led the officer to believe that he or she had committed, was committing, or was about to commit a criminal offense.

Informants

Where a police officer relies upon a confidental informant for information, there are certain points which the officer must keep in mind.

Good Faith Exception

Where illegally seized evidence was acquired pursuant to a defective warrant but an officer had a reasonably objective good faith belief that the warrant was valid, the evidence was admissible. This was called the Good Faith Exception to the Exclusionary Rule. The Supreme Court reinforced this exception by finding that evidence gained during an arrest made on the basis of an erroneous clerical mistake of court employees was admissible.

Seizure of Vehicles

Where police have probable cause to believe that an automobile used in connection with drug trafficking is contraband subject to civil forfeiture, the Fourth Amendment does not require that they obtain a warrant to seize the vehicle from a public place.

High-speed Car Chase don't subject LEO to Civil or Criminal Liability

Where the U.S. Supreme Court held that actions undertaken by police to terminate a dangerous high-speed car chase that threatens the lives of innocent by-standers - such as bumping the fleeing vehicle - do not subject officers to civil or criminal liability, even when such actions place the fleeing motorist at risk of death or serious bodily injury.

Exemplary Evidence

While police are permitted to take handwriting and voice samples as part of the identification process, courts have consistently held that the taking of blood samples and breath tests are searches and seizures subject to the protections of the Fourth Amendment to the U.S.Constitution

Treatment of Passengers

With respect to occupants of the vehicle other than the driver, *a police officer CAN open the passenger door and order the passengers out of the vehicle. He can also request identification from them. An officer may pat-down a passenger during a traffic stop only if there is reasonable suspicion to believe the passenger may be armed and dangerous.

First Appearance

Within 24 hours of arrest and cistody, a person must be informed of the crime for which he is being charged, provided a copy of the complaint and given his Miranda warnings at a First Appearance before a judicial officer.

Surveillance

The covert watching of, and/or listening to, persons, vehicles, and places to obtain information concerning the activities and identities of individuals.

Executive Staff Meetings

The executive staff will meet monthly to address new and old issues affecting the Sheriff's Office in general and those at the bureau level. 2-3.1A

Voluntarily Withdraw the Grievance

The grievance, at any time during the grievance process, may voluntarily withdraw the grievance. 3-5.2E

License Agreement

The license agreement shall be the ultimate rule governing the use of the software. Any act permitted by this general order, but not permitted by the license agreement of the software program shall be considered null and void. 2-10.6D

Command Level Discipline

The role of command level and first-line supervisors is crucial in the disciplinary process. Supervisors have the opportunity to detect instances when disciplinary action is warranted and necessary. Among programs having an impact on discipline are selection, training, direction, supervision, and accountability. Discipline available to Command Supervisors are as follows: Written counseling, written reprimand, and request for additional training.

Administration Investigations Division

The supervisor r other member receiving the complaint or otherwise being made aware of a situation of discrimination, sexual harassment, or hostile work environment must immediately refer all allegations, complaints or concerns in this regards to the Administration Investigations a Division. 3-4.3A.1

Discrimination

This includes comments about about national origin, race, age, body, disability or appearance where such comments go beyond mere courtesy, i.e., telling "dirty jokes" or making offensive sexually oriented comments, innuendoes, or other epithets slurs, negative stereotypes or similar statements or actions that are unwanted and considered offensive. 3-4A

Transmission of Electronic Messages

Transmission of electronic messages and information on the various electronic communications devices provided for the members of the Sheriff's Office shall be treated with the same degree of propriety and professionalism as official written correspondence. 2-10.3A

Level Three Violation - Conflicting Orders

Upon receipt of an order which conflicts with any previous order or instruction, the member affected will advise the person issuing the second order of the original order. Responsibility for countermanding the original instruction then rests with the individual issuing the second order. If so directed , the latter command shall be obeyed first. 3-1.2 3.8

Inquiry / Complaint is received by or referred to any Supervisor

When an inquiry is received by, or referred to any Supervisor, the supervisor should re-contact the person making the inquiry to reaffirm the nature of the inquiry and attempt to resolve misunderstandings of agency policy when possible. In the event the supervisor is unable to satisfy the complainant an Administrative Inquiry shall be forwarded by the supervisor to the Administrative Investigation Division via chain-of-command.

Do Not Mix Drugs During Packaging

When two or more different drugs are found together, a separate heat sealed bag shall be used to package each item. This includes separate packaging of k2 / spice by type.

Impound / Inventory

Whenever a deputy determines a vehicle will be impounded, the deputy shall: 1. Conduct a thorough inventory of all property in the vehicle including the passenger compartment and trunk in their entirety to include: (a) Glove compartment; (b) Console; (c) Briefcases, suitcases; (d) Boxes; and (e) Any other containers whether open or closed, located anywhere within or attached to the vehicle.

Utilizing the Written Directives

Which apply specifically to the component being inspected as guidelines for conducting the inspection, each inspection shall include, at a minimum, an assessment of the following elements: (1) Physical appearance. (2) Issued or required safety equipment. (3) Issued and/or authorized weapons being utilized. (4) Issued vehicle and related equipment. (5) Recent job-related performance. 2-11.2B2b

Conclusion of Appeal Hearing

Within ten (10) calendar days of the conclusion of the appeal hearing, the Civil Service Board, by majority vote, shall prepare a written conclusion that shall sustain, modify or not sustain the action being appealed.

Each Package submitted to Property and Evidence Division (PED)

each package/container submitted to the Property and Evidence Division shall be marked with the submitting member's initials and payroll number on the label and inside of the seal.

All Drug Evidence

shall be listed on a Drug Evidence Label to include special instructions such as hold, analyze or destroy.

All Property, with the exception of Drugs

shall be listed on a Property and Evidence Label to include make, model and serial number where applicable.

Evidentiary Property

should be placed into a sealed plastic bag or brown paper bag secured with evidence tape depending on the nature of the item. Staples should not be used.

Agency Philosophy

The Pinellas a County Sheriff's Office has adopted a Vision Statement, Mission Statement and Core Values which provides a pattern to follow and direction for the agency. 3-2.4

Chronic Offender

A member will be considered a chronic offender of the Rules and Regulations if he or she violates the same rule for the third time (or more) in an 18 month period and will be charged accordingly (see Level 5 Violations - 5.21) 3-1A

Password Usage

The Information Systems and Analysis Division shall regulate the requirements for password usage and automatic expiration of passwords. All members shall change, alter, or modify their passwords as required by the Information Systems and Analysis Division. 2-10.6A

Grievance

A dispute or difference giving rise to a material issue and made through the chain of command between a member and the administration involving a perceived job-related incident or happening, not to include appeal of disciplinary action, salary compensation, job classification, work assignments, performance review ratings, and the application or interpretation of the terms of labor agreement. 3-5 A

Internet Access

Accounts provided by the Sheriff's Office shall be used for official business only during a member's assigned work hours and not for any other purpose. All activity on the Internet is subject to monitoring by the Sheriff's Office. 2-10.4A

Level One Violation - Manual Maintenance

Agency components and/or members are responsible for maintaining any agency manuals issued to them. 3-1.5 1.6

Oath of Office (Sworn / Certified Members)

I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and of the state of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of [the position] on which I am now about to enter, so help me God. 3-3.2

Recognize the Badge

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of law enforcement. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...Law Enforcement. 3-2.2

Loyalty Oath (Non-certified Members

I, [name], a citizen of the State of Florida and of the United State of America, and being employed by or an officer of the Pinellas County Sheriff's Office and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. 3-3.3

Juvenile Criminal Investigation

If a criminal investigation has initiated the issue of dependency for the child, careful consideration should be given to coordinate this investigation with other agencies (i.e., law enforcement's criminal investigation and DCF civil dependency investigation

Complaint Resolutions

If any member believes he or she is being subjected to any of these forms of harassment, or believes he or she is being discriminated against because other employees are receiving favored treatment in exchange for sexual favors, as an example, the member must bring this information to the Inspections Bureau, or other member of the Sheriff's Executive Staff. However, nothing in this policy prevents a member from directly contacting the Office of Human Rights located at the Pinellas County Courthouse to file a complaint, in addition to contacting the designated personnel of the PInellas County Sheriff's Office. 3-4.3A

Level Three Violation - Association with Married Members

Sheriff's personnel, whether married or single, shall not develop an association with another member whom they know or should have known is married to another person. Married members also shall not develop an association with agency members who are single. Excluded from this age members who are separated and residing apart from their spouse, or those who have legally filed for divorce. For the purpose of this policy, "association" means, residing with, dating, or entering into any intimate relationship with. 3-1.3 3.40

Corrective Action (with regard to affected personnel & facilities)

Should initially consist of taking postive steps toward re-enforcing the high level of performance required of all personnel. If the problem is not severe, the affected member should receive verbal guidance in complying with agency expectations. Supervisors involved should continue to monitor the member until improvement has been noted or further action appears necessary. 2-11.2C1a

Owner of vehicle parked on private property arrive as vehicle is being removed

Should the owner of any vehicle parked on private property arrive as a vehicle is being removed, the vehicle should be released to the owner unless unusual circumstances exist, i.e. vehicle itself is crime scene evidence. If the towing company has hooked up to the vehcle, a partial fee of up to one half the towing charge may be required by the towing company. Deputies shall not engage in fee arbitration between the owner and the towing company.

Sick Leave

Sick leave is earned at the rate of .0462 per hour, accumulating to a maximum of 96 hours annually. There is no maximum for accrued sick leave. (G.O.6-10.4C)

Civil Service Board

The Civil Service Board shall commence a hearing on an appeal within thirty (30) calendar days from the date on which the Notice of Appeal was received by the Sheriff or designee. However, the Civil Service Board may grant a continuance of a hearing for good cause shown upon its own or a party's motion.

Loaded Firearms

will be placed in a blue colored firearm plastic bag (available only at PED) with the trigger secured by a plastic cable tie, tape of adequate strength and quantity or other safety measures to prevent accidental discharge. And it should be marked with a "Special Hazard" label and marked "LOADED FIREARM".