Sgt test 2015 OPD

SEARCHES/HANDCUFFING

All arrestees should first be handcuffed to the rear and then searched. Consideration may be given to the arrestee's physical condition or disability and mental incapacity with regard to the officer's decision to use handcuffs. An arrestee found to be in possession of a firearm shall immediately be handcuffed to the rear. If the arresting officer transfers the arrestee to another officer or to another agency for transport, it shall be the responsibility of the transporting officer to also conduct a search of the arrestee prior to transport. (29.02)

TRUANCY

All juveniles are subject to compulsory school attendance through the age of 15, unless the child turns 16 during the school term. If this happens, the 16-year-old is subject to compulsory school attendance for the entire school term, unless he or she files a formal declaration of intent to terminate school enrollment.

NOTICE TO APPEAR AFFIDAVIT

Members ARE ENCOURAGED TO issue a Notice to Appear affidavit to all arrestees 18 years of age and over who have violated a State misdemeanor or local ordinance except traffic violators. The arrestee must have an address and be identified. If the officer has offered the suspect the option of paying a fine, and the suspect indicates a willingness to pay the fine instead of going to court, the officer will assist the suspect in filling out the bottom of the Notice to Appear form designating the plea entered by the suspect and ensuring that it is properly completed and signed by the suspect.

REPORT REQUIRED missing person

Missing person reports shall be taken when the subject is: a. A full-time resident of the City of Orlando, even if the missing person was last known to have been seen in another jurisdiction. b. Last seen within the city limits of Orlando regardless of the subject's place of residency. A missing person traveling to Orlando, whose arrival is not confirmed, shall be reported to the jurisdiction in which the subject was last seen. There are no time restrictions for reporting a person missing, but the individual making the report must sign an OPD Missing Person Affidavit.

TOWING OF VEHICLES PURSUANT TO A DHSMV-GENERATED "HIT" IN ACCORDANCE WITH §322.34, FLORIDA STATUTES

The officer MUST indicate on the vehicle disposition form under "Reason For Tow" (line one of the form), "DWLS per DHSMV hit." Failure to do so may result in liability for the City and/or the towing company, and could result in the improper or untimely release of a vehicle to a driver who, by law, is not entitled to the vehicle.

TOWING OF RECOVERED STOLEN VEHICLES

11.1 STOLEN VEHICLE, OCSO AUTHORITY, RECOVERED IN THE CITY OF ORLANDO BY OPD 11.1.1 NO ARREST - NO SPECIAL INSTRUCTIONS IN TELETYPE OPD recovers the stolen vehicle and the following shall be adhered to: a. OPD contacts the OPD contract wrecker service to remove the vehicle. b. Process the vehicle. c. No hold is placed on vehicle. d. Vehicle Disposition form is completed by OPD and given to the wrecker driver. e. Incident report reference recovery is completed by OPD. f. OCSO is notified of the recovery by Teletype. g. OCSO is responsible for notification of the legal owner or custodian. h. OPD will attempt to contact legal owner or custodian i. Vehicle may be released to the legal owner or custodian, if present. 11.1.2 ARREST BY OPD If an arrest has been made by OPD and the vehicle is linked to a major offense being investigated by OCSO (murder, robbery, sexual battery, etc. - as reflected in the Teletype message) contact OCSO for instructions. All other vehicles will be towed by the OPD custody wrecker service when necessary. a. OPD does processing when necessary for OPD investigations. If a vehicle is to be held for processing, the towing officer must complete a Vehicle Processing Request and CSI Report Form and submit it by the end of the tour of duty. b. OCSO is notified of recovery by Teletype. c. OPD will complete the Vehicle Disposition form and turn the form and vehicle over to the wrecker driver. d. OCSO is responsible for notification of the legal owner or custodian. e. OPD will attempt to notify legal owner or custodian. f. Vehicle may be released to the legal owner or custodian, if present. 11.2 STOLEN VEHICLE, OPD AUTHORITY, RECOVERED BY OCSO 11.2.1 NO ARREST - NO SPECIAL INSTRUCTIONS IN TELETYPE OCSO contacts their contract wrecker service to remove the vehicle. a. OCSO will process the vehicle. b. No hold is placed on the vehicle. c. Vehicle Disposition form is completed by OCSO. d. Incident Report reference recovery is completed by OCSO. e. OPD is notified of the recovery by Teletype. f. Vehicle may be released to the legal owner or custodian, if present. g. OPD is responsible for the notification of the recovery to the legal owner or custodian. 11.2.2 ARREST BY OCSO When processing cannot be completed at scene or the vehicle is needed for further investigation, OCSO uses OCSO custody wrecker service to tow the vehicle to the desired location. Otherwise, the OPD custody wrecker service will be used. a. OCSO will process the vehicle. b. OPD is notified of recovery by Teletype. c. OCSO will complete the Vehicle Disposition form and turn the form and vehicle over to the wrecker driver. d. OPD is responsible for notification of the legal owner or custodian. e. Incident Report reference recovery is completed by OCSO. f. Vehicle may be released to the legal owner or custodian, if present.

Child

A child is described, for the purposes of this policy, as 12 years of age or less. The child is considered lost or missing if his or her whereabouts is unknown and the disappearance is out of character. Note: The State of Florida considers a child to be any person younger than 18 years of age.

Juvenile

A juvenile is described as 13 through 17 years of age.

DISPOSITION OF CERTAIN TYPES OF PROPERTY

A weapon used in the commission of a crime for which the defendant has been found guilty of a felony shall be authorized for release to the sheriff only.

JUVENILE INTERVIEW ROOM

An officer will personally contact the juvenile at intervals of not more than 15 minutes.

Supervisor responsibilities for profiling complaints

An on-duty sergeant or higher-ranking officer shall promptly respond when advised that a person is making a complaint alleging illegal profiling. (17.03) The sergeant or higher-ranking officer shall discuss the incident with the complainant, complete the Profiling Complaint. Form (Attachment A), and comply with Section 5, Complaint Procedures. Supervisors shall be particularly alert to any pattern or practice of possible discriminatory treatment by individual officers or squads and take appropriate action. Supervisors shall review profiling complaints and respond at random to observe officers on vehicle and person stops.

follow vehicle

Cases where an officer "follows" a suspect vehicle, but does not or has not engaged in apprehension efforts, do not constitute "pursuits." The officer must adhere to traffic laws and traffic control devices. Following a suspect vehicle for more than 15 minutes requires supervisory notification.

CURRENCY Monies that have been or are actually employed as an instrumentality in the commission of, or in aiding and abetting the commission of, any felony, are subject to seizure and forfeiture.

Currency used in violation of the drug laws found in Chapter 893, Florida Statutes, is subject to seizure and forfeiture. The mere presence of a large quantity of currency alone is not sufficient to justify forfeiture seizure. There must be evidence sufficient to establish probable cause to believe the currency was used, or was attempted to be used, or was intended for use, in furtherance of a drug transaction. The following factors may be considered: the proximity of the currency to illegal drugs; the quantity, denomination, and packaging of the currency; residue on the currency; a "hit" by a drug dog for the presence of a controlled substance on the currency. Whether probable cause exists depends on the totality of the circumstances; rarely will one factor alone be enough. For example, a large sum of currency plus a drug dog "hit" alone is not sufficient to justify seizure. A large sum of money, found with one piece of crack cocaine, is not subject to forfeiture absent additional factors. If a subject has a large amount of unexplained currency upon which a drug dog has "hit" and the subject possesses individually wrapped pieces of crack cocaine that seem to be packaged for sale, the money is subject to forfeiture seizure. It is critical to look for and record all available factors.

MISDEMEANOR SHOPLIFTING CASES

In misdemeanor shoplifting cases, the property will be returned to the merchant who will be advised to hold it until the case is adjudicated, in the event that it may be needed for trial. Prior to releasing the property the officer should obtain a picture of the property, a sworn statement, and receipt showing value of property (if possible).

ADULT BOOKING PROCEDURES

Officers must immediately notify BRC personnel of any enhancement to an arrestee's bond. 3.1 OUT OF-STATE MISDEMEANOR TELETYPE HITS Officers receiving out-of-state misdemeanor Teletype hits shall make an arrest on the warrant if the initiating agency is willing to extradite the subject. If an officer receives a "hit" and the initiating agency is not willing to extradite for any reason, the officer shall: a. Complete a Field Interview Report (FIR) listing all information required on the FIR with the addition of the person's driver's license number and state, if available. b. Write across the top of the FIR that the subject is wanted for a misdemeanor warrant in another state, which will not extradite. c. Note on the top of the FIR the specific unit to direct the FIR to (Robbery, Property, etc.). d. Place the FIR in the appropriate box in Patrol. If the charge is a misdemeanor, the officer must ensure that the initiating agency has acknowledged that they will extradite the subject before the officer completes the Warrant Arrest Affidavit. If the initiating agency does not choose to extradite, follow the procedures previously outlined in this policy. Officers shall make note of the warrant's existence in the narrative portion of the affidavit, and notify Orange County Corrections personnel of the existing warrant. Corrections personnel will place any appropriate holds on the arrestee. 3.2 LOCAL CHARGES AND OUT-OF-STATE MISDEMEANOR OR FELONY TELETYPE HITS When an OPD officer arrests a person on local charges, either felony or misdemeanor, and receives information that an out-of-state agency warrant exists for the subject, the subject will be booked on OPD's charges. Teletype will notify the initiating agency that the subject has been arrested on local charges. Teletype will advise the agency of the specific local charges and where the subject is located. Additionally, Teletype will send a copy of the "hit" to the BRC via teletype or fax. Officers will complete a Charging Affidavit on the local charges and a Warrant Arrest Affidavit on the teletype hit. When filling out the Warrant Arrest Affidavit, officers should not check the box that states that they read the capias or warrant to the arrestee, as state statute mandates that only a Deputy Sheriff can read the capias or warrant to the arrestee. 3.3 LOCAL CHARGES AND OUT-OF-COUNTY TELETYPE HITS When an officer has local charges on a subject and determines that an out-of-county, but within the state of Florida, warrant exists, the officer shall complete the Charging Affidavit on the local charges. The officer shall include the warrant information in the narrative portion of the Charging Affidavit. The officer shall notify BRC personnel of the existing warrant and booking personnel will be responsible for placing a hold on the subject. Teletype will make notification of the subject's arrest on local charges and will send a copy of the "hit" to the BRC for the officer to attach to the Charging Affidavit. Officers can pick up this copy from BRC personnel. 3.4 LOCAL CHARGES AND LOCAL (IN COUNTY) TELETYPE HITS OR WRITS OF ATTACHMENT/COLLECTIONS When an officer has local charges on a subject and determines there is a local (in county) warrant or Writ of Attachment/Collections on the subject, the officer shall complete a Charging Affidavit on the local charges and a Warrant Arrest Affidavit on the warrant or Writ of Attachment/Collections. Teletype will notify the originating agency of the arrest. Teletype will forward a copy of the hit to the BRC which the officer will attach to the Warrant Arrest Affidavit. Officers shall contact the Orange County Warrants Section reference the arrest once Teletype has received confirmation. The Warrants Section will then fax a copy of the warrant or writ to the BRC. The arresting officer shall retrieve this copy and attach it to the warrant so an Orange County deputy can serve it. 3.5 TELETYPE HITS FOR FELONY PAROLE OR PROBATION VIOLATIONS Out-of-state felony parole or probation violations should be handled in the same manner as out-of-state warrants (see Section 3.2). If an officer arrests a person for a Florida felony charge and learns through Teletype the person is on felony parole or probation in Florida, Teletype shall make notification to Parole/Probation for the purposes of verifying that the warrant is active and advising of the subject's arrest. The Teletype hit will have a telephone number if contact with a representative of the Probation/Parole Commission is necessary when the person is arrested. The officer will accept verbal confirmation from the Probation and Parole officer that the warrant is active. The Probation and Parole officer will give the OPD officer a completed Department of Corrections Confirmation of Warrant form. The officer will record the OPD case number for the arrest in the comment section of the form, sign the form, and obtain a copy to attach to the Warrant Arrest Affidavit.

STRIP OR BODY SEARCHES

Strip searches are prohibited in misdemeanors, traffic offenses, regulatory violations, and civil matters (such as contempt) unless: a. The misdemeanor, traffic, or ordinance offense is violent in nature, or b. The misdemeanor, traffic, or ordinance offense involves a weapon or a controlled substance, or c. There is independent probable cause to believe the person is in possession of a controlled substance, a weapon, or stolen property. Written authorization is not a requirement for strip searches conducted outside our facilities (e.g., at the scene of the arrest), but all other statutory requirements apply

RESPONSIBILITIES AT INCIDENT SCENES

The field supervisor shall: a. Determine if CID investigation is needed and follow the criteria set forth in the current issue of P&P 1103, Call-Out Procedures. If a detective is responding, CSIs will not begin processing the scene until the detective arrives and takes charge. Exterior scene photography may occur prior to the detective's arrival with permission from the investigative supervisor. b. Determine if a CSI is needed and follow the criteria set forth in Attachment D, Crime Scene Investigator Response Guidelines. The supervisor will, if at all possible, make an on-scene assessment prior to approving a request for CSI assistance. A sworn officer shall remain with a CSI at all times while the scene is being processed. c. Ensure protection of the crime scene by: 1. Ensuring adequate security for the scene and the personnel involved in processing the scene. Coordinate with oncoming supervisors to ensure that security is provided as long as needed. 2. Ensuring adequate personnel and resources are provided for crowd control. 3. Providing assistance for CSIs, as requested. 4. Providing assistance to the assigned detectives, as requested.

RELEASE OF JUVENILE INFORMATION

The identity, address, and photograph of any juvenile taken into custody for a felony may be released by a law enforcement agency, regardless of the age of the juvenile. Additionally, the identity, address, and photograph of any child taken into custody for any offense may be released if the juvenile has been found by a court to have committed at least three or more misdemeanor offenses (whether or not adjudication of delinquency was withheld).

ORLANDO POLICE LOCATIONS TRESPASS

Trespass Warnings may only be given by a person who exercises control over the premises in question or one who has been authorized to issue these warnings. Police officers are not generally empowered to issue those warnings on public property. The Chief of Police is administratively in charge of the Orlando Police Headquarters (OPH) building. The Chief of Police has designated all watch commanders to authorize the issuance of Trespass Warnings and other property leased, owned, or otherwise controlled by the Orlando Police Department, including all community offices, and other OPD-controlled premises throughout the City. Accordingly, only a watch commander or the Chief of Police may authorize the issuance of Trespass Warnings at Orlando Police Department sites.

RESPONSIBILITIES OF FIELD SUPERVISORS for call out procedures

When a request for a detective, technician, or other employee of the Department is made by an officer, the patrol supervisor shall make a full assessment of the situation and determine the need for a call-out. In all cases, as soon as practically possible, the patrol supervisor shall respond to the scene. (17.03)

extraordinary police incident

a. A natural disaster b. A major labor demonstration c. A civil disturbance

When a lost or missing juvenile is recovered

a. Complete a supplement report documenting the recovery by end of shift. Include detailed information on where and when child was located, child's condition, circumstances, others present, who was notified, who child was released to, and what operator removed the child from NCIC/FCIC. b. Complete an OPD Post-Locate Interview of the Runaway Juvenile (Attachment B). c. Authorize Teletype to cancel the NCIC/FCIC entry and include the Teletype operator's employee number in the supplement report. d. Attempt to contact the responsible adult party for the juvenile and make arrangements for the juvenile to be picked up. When no contact is made, the juvenile should be taken to Great Oaks Village by a sworn officer for processing unless the child is from out of state (see procedures below). e. If the missing juvenile is arrested and taken to the Juvenile Assessment Center (JAC), have Teletype fax the hit to the JAC at 407.836.8871 and attach to the paperwork. This will make the JAC aware of the fact the juvenile is missing and minimize the juvenile being released to a non-relative, thus increasing the risk that he or she become missing again. Attempt to contact the complainant listed in the report to notify him or her of the juvenile's location and indicate this information in the recovery report. 4.1.1 OUT OF STATE RUNAWAY Any non-delinquent, out-of-state runaway is to be transported to SECURE DETENTION at the Juvenile Assessment Center per the Interstate Compact on Juveniles found at §985.502, Fla. Stat. You will be required to submit a copy of the NCIC/FCIC hit and complete a Warrant Arrest Affidavit. Write "Non-Criminal" on top of the affidavit and for charges write "None." Under narrative you may state: "No charges/non-criminal out-of-state runaway. Hold in secure facility per National Rules and Regulations Rule #5-102. Runaway status confirmed through Teletype." The Juvenile Assessment Center staff will, in turn, contact The Department of Juvenile Justice Interstate Compact Office, 850.488.3795/Suncom 850.278.3795, to arrange for transportation home. The officer shall remove juvenile from NCIC/FCIC, complete Post-Locate Interview (Attachment B), complete recovery supplement by end of shift, and attempt to notify parent/guardian. If the juvenile is a walk-in recovery at the OPH Information Desk, Communications will be contacted to dispatch an officer to complete an OPD Post-Locate Interview of the Runaway Juvenile form. Between 0630 and 2230 hours, Great Oaks Village (GOV) personnel will call the OPD Information Desk to report missing juveniles and recovered juveniles from GOV. These reports will go to the Report Review and Information Unit. Great Oaks personnel shall initiate an OPD Missing Person Affidavit notarized by someone on their staff and an OPD Missing Child/Juvenile Checklist, and fax the affidavit to OPD Teletype. When GOV does not have a notary on duty, a sworn officer must respond to sign/witness the affidavit. Additionally, an officer must go to the GOV office once during each shift to pick up original affidavits and checklists and deliver them to OPD Headquarters. Officers must continue to respond to GOV and take reports between 2230 and 0630 hours.

call out procedures for drug investigations

a. Whenever an officer makes an arrest for trafficking in a controlled substance or recovers a trafficking amount of a controlled substance with a known suspect. b. Whenever $5,000 or more in U.S. currency is found in a drug area or in a motor vehicle, or is recovered pursuant to a drug arrest. c. Whenever a vehicle with secret compartments is discovered. d. Whenever at least 200 grams of cannabis is recovered with a known suspect. e. Whenever someone is detained for shoplifting any amount of pseudoephedrine or other cold medicine; in possession of a combination of iodine, multiple matchbooks, acetone (paint thinner), red devil lye (or any lye product), plastic or rubber tubing, and different types of glassware such as beakers, single or double necked flasks; or in possession of a trafficking amount of methamphetamine. f. When any detainee/arrestee indicates his or her willingness to assist in any drug investigation. g. Any home-invasion robbery involving controlled substances. h. If a Drug Enforcement sergeant/detective is not requested to respond, or if the suspect/arrestee has invoked his or her Miranda Rights, the above notifications should be made via email, voicemail, or through written communications.

TRESPASS

Trespass is a general intent crime that usually requires no evidence that the defendant intended to commit the offense. The mere act of entering or remaining in a place without legal authority, or after being warned not to do so, is sufficient to establish guilt. There are two general categories of Trespass After Warning crimes: a. Trespass in a Structure or Conveyance §810.08, Fla. Stat.: (examples include: unauthorized entry into any place that might be considered a structure, such as a closed business, restricted area within a business; unauthorized entry into a vehicle, train, bus, etc.); and b. Trespass in Other than a Structure or Conveyance §810.09, Fla. Stat.: (examples include: unauthorized entry onto restricted parcels of land; remaining on property after being told to leave; being in certain places after closing hours, such as parks or schools; trespass in parking lots, etc.) A warning to leave the premises is not required to arrest an unauthorized subject found inside a closed business, or in other structures or conveyances for which the unauthorized presence is obvious.

RESPONSIBILITIES AT INCIDENT SCENES SUSPECT INTERVIEW AND ARREST

When a suspect has been identified and the responding officer will be investigating the case, the officer should determine whether or not conducting an interview at that time is in the best interest of the case. If the suspect is in custody, the suspect will be advised of his or her Constitutional rights (i.e., Miranda) prior to any questioning. Noncustodial interviews do not require advising the suspect of Constitutional rights. Follow current Department policy on transporting and interviewing suspects. Refer to the current issue of P&P 1204, Juvenile Procedures, and the current issue of P&P 1201, Adult Booking Procedures. (18.04e) 6.2 INVESTIGATION BY CID When it has been determined that CID will be investigating the case, the field officer will not interview the suspect and the suspect will not be advised of his or her Constitutional rights. The officers will complete a sworn report or statement as to any spontaneous statements made by the suspect. In exigent circumstances the field officer may be asked by a CID supervisor to advise the suspect of his or her Constitutional rights (if in custody) and conduct an interview. (18.04e)

EMERGENCY/INVOLUNTARY EXAMINATION PROCEDURES FOR TRANSPORTATION

When a person is to be transported and an emergency situation demands immediate transportation in a Department vehicle, Department units will be employed with the following priority: a. Marked units. b. Marked units without cage or divider, if available. c. Unmarked units, if available. If, in the opinion of the transporting officer, a person indicates he or she is likely to injure him- or herself or others, all necessary means may be employed for his or her protection and that of other persons, specifically including Department members. If it is determined that the person requires handcuffing, it will be the transporting or assisting officer's responsibility to remove the handcuffs upon arrival at the mental health receiving facility. When transportation is to be by a Department unit, the on-scene officer will advise the Communications Division, which will attempt to dispatch a unit for transportation according to the above priorities.

MUTUAL AID

2.3 VOLUNTARY COOPERATION OPD may request and render voluntary cooperation and assistance across jurisdictional lines for matters of a routine law enforcement nature in order to investigate violations of law such as: homicides; sex offenses; robberies; assaults; burglaries; larcenies; gambling; motor vehicle thefts; drug offenses; and also in order to engage in joint task force investigations or operations. 2.3.1 AUTHORIZED ACTIVITIES The Mutual Aid Agreement with OCSO allows OPD officers to engage in the following law enforcement activities in unincorporated Orange County without the need for prior approval: a. If a forcible felony occurs in the officer's presence. b. When taking action on a forcible felony and another misdemeanor occurs in the officer's presence. c. If an officer witnesses a crime of violence against a person. d. If an officer witnesses a driver driving under the influence. e. In order to provide back-up for OCSO deputies. Any other law enforcement action within unincorporated Orange County requires that an OPD officer first notify OCSO and obtain permission prior to acting. 2.3.2 UNAUTHORIZED ACTIVITIES The Mutual Aid Agreement does not authorize the following activities: a. Routine patrol. b. Issuance of non-criminal traffic infractions. c. Participation in off-duty details unless approved by a deputy chief. d. Acceptance of reduced rent or free apartments offered to law enforcement officers in exchange for "law enforcement duties" (see the current issue of 1117, Extra-Duty and Outside Employment). (This limitation does not extend to positions in which the job description does not call for a sworn officer or for law enforcement action but only for "eyes and ears," securing the property, posting eviction notices, etc. Mutual aid is not required for those positions in which the officer is acting with the same authority as a civilian citizen). e. Recovery of stolen vehicles located in the unincorporated areas of Orange County. 2.4 NOTIFICATION OF PARTIES An OPD officer who takes enforcement action in unincorporated Orange County, whether on or off duty, shall immediately notify his/her supervisor and ask OPD Communications to notify Orange County Communications. OPD personnel shall ensure that all paperwork is completed, including a Request to Take Law Enforcement Action in Orange County (Attachment A, available in PowerDMS), and shall be responsible for ensuring transport of any arrestees to the Orange County Booking and Release Center. Additionally, an OPD Incident Offense Report will be completed.

PERSONS AUTHORIZED TO ADMIT PERSONS FOR EMERGENCY/INVOLUNTARY EXAMINATION

3.1 A JUDGE (COURT ORDER) A judge may issue an ex-parte order requiring the delivery of a person to a receiving facility for an involuntary examination. Citizens inquiring about the procedure for having a person admitted by a court should be referred to Florida Statutes, Chapter 394, and to Lakeside Behavioral Healthcare. 3.2 A MENTAL HEALTH PROFESSIONAL Mental health professionals include physicians, licensed psychologists, psychiatric nurses, or licensed clinical social workers. Mental health professionals may execute a certificate stating that they have examined a person within the last 48 hours and that the person meets the criteria for involuntary examination. 3.3 A LAW ENFORCEMENT OFFICER A law enforcement officer may take a person who appears to meet the criteria for emergency examination into custody and deliver him or her to the CRC for examination and possible treatment. Although persons who meet Baker Act criteria are not under arrest, officers may use reasonable force to detain the individual for purposes of delivering the person to a receiving facility. If the officer believes that the person will be violent when transported, the receiving facility should be notified prior to arrival. Reasonable force may also be used to enter the home of a suspected Baker Act person where the officer has a reasonable belief that the person meets Baker Act criteria and a reasonable belief that the person is in the house. All other policies involving barricaded suspects, etc., will be adhered to.

FILING CRIMINAL CASES TIMELINES

A CHECKLIST SHALL BE COMPLETED ON ALL PACKAGES (FELONY/MISDEMEANORS/AT LARGE/ADULT/JUVENILE). Officers will submit packages to their supervisor within the following deadlines: Adult Felony - within 7 calendar days, including date of arrest. Juvenile arrests - within 24 hours of the time of arrest. Adult Misdemeanor - within 3 calendar days, including date of arrest. At-large packages - within 7 calendar days of established PC. Warrant Packages - within 7 calendar days from the date court case number obtained. Supervisors will review and submit packages within the following deadlines: Adult Felony - within 10 calendar days, including date of arrest. Juvenile arrests - within 24 hours of the time of arrest. Misdemeanor - within 5 calendar days, including date of arrest. At-large packages - within 10 calendar days of established PC. Warrant Packages - within 10 calendar days from the date court case number obtained.

juvenile runaway

A juvenile is described as 13 through 17 years of age. The juvenile is considered missing or a runaway if his or her disappearance is unexplained and the whereabouts is unknown. A juvenile runaway who possesses mental deficiencies or medical complications, and is over 12 years of age, may fall under the provisions of a lost or missing child. The watch commander shall make this determination.

DETENTION OF JUVENILES IN ADULT JAIL

A juvenile will be housed at an adult booking facility (Orange County BRC) only when: (19.01a) a. The juvenile has been indicted by a grand jury for a felony offense. (The indictment must be submitted to BRC with the arrest affidavit.) b. The juvenile has been waived by the Juvenile Court to the adult court system for a violation of law. (The transfer order must be submitted with the arrest affidavit.) c. The juvenile has been direct filed by the State Attorney's Office. (The certificate of filing a direct information must accompany the arrest affidavit.) d. The juvenile has previously been found to have committed an offense in adult court and adult sanctions were imposed.

INVESTIGATION OF DOMESTIC VIOLENCE CASES

All severe domestic violence cases, occurring when children are present in the home, should be called in to the Department of Children and Families. Officers are reminded that per state statute they are Mandated Reporters. The Department of Children and Families Hotline is 1.800.96ABUSE. Severe domestic violence cases include injuries requiring medical attention or hospitalization, the infliction of emotional trauma upon a victim and/or child, or any domestic situation in which the investigating officer/detective feels that DCF's intervention is necessary for the welfare of a child. The notification of DCF shall be documented in the Incident Offense Report or investigative supplement. (18.11e) If probable cause has been established that an act of domestic or dating violence has occurred and the perpetrator is located, an arrest will be made. All allegations of domestic violence or dating violence will be documented on an Incident Offense Report. The narrative portions of the Incident Offense Report and the Charging Affidavit will contain pertinent information including the case disposition. All reports will include a description of injuries observed, the reasons why an arrest was not made (if applicable), the reasons why two or more persons were arrested (if applicable), the Domestic/Dating Violence Worksheet (Attachment A) and the Domestic Violence Assessment Checklist (Attachment B) were completed and a statement that the legal rights and remedies pamphlet was given to the victim.

SUBMISSION OF REPORTS

An Incident Offense Report MUST be submitted prior to the employee going back in service for all missing/recovered persons and property crimes which would require teletype entries (i.e., recovered/stolen vehicles, stolen tags, thefts where a serial number is known), unless supervisory approval or exigent circumstances exist. An Incident Report must be submitted by the end of the shift (including supplemental reports) for the following: a. All felony crimes. b. All cases where a vehicle was towed and held. c. Any fraud or forgery case (Economic Crime Unit) in which a suspect is known (not AKAs). d. Missing/recovered persons. e. Home invasions. f. All occupied residential burglaries. g. Sexual batteries. h. Lewd acts. i. Exposure cases. j. Elderly abuse. k. Child abuse. l. Homicide. m. Robberies. n. Assault and batteries. o. Domestic violence or Dating Violence. p. Stalking. q. Kidnapping. r. Arson. s. All misdemeanor at-large (PC) affidavits. t. Newsworthy incidents, e.g., public figures. u. Incidents requiring a Response to Resistance investigation, with the exception of misdemeanor incidents where chemical agent is the sole response to resistance and there are no injuries, claimed or evident. All other reports must be completed within 24 hours, with supervisory approval. The employee must notify his or her supervisor and get permission to hold a report to the next day. Under no circumstance will a report be held if the employee is not working the next day. All reports requiring entry into Teletype (i.e., missing persons, stolen vehicles, or property) will be forwarded to Teletype by the reporting employee. Teletype will route a copy of the entry of missing persons, stolen vehicles, and guns to the Criminal Investigations Division (CID).

TRANSPORTING ARRESTEES FOR INVESTIGATIVE PURPOSES

Arrestees may be transported by detectives in an unmarked vehicle without a cage providing the arrestee meets the following criteria: a. Offers no known risk to the personal safety of the transporting officer. b. Offered no resistance at the time of arrest. c. Has been cooperative and, in the opinion of the transporting officer, is not likely to become resistant. d. Offers no known risk of escape. e. Is being transported for investigative purposes. In these instances, the arrestee will be handcuffed with hands to the rear and placed in the right rear seat of the unmarked vehicle with the seat belt securely fastened. A second officer must ride in the rear seat next to the arrestee.

JUVENILE PROCEDURES

Arresting officers shall attempt timely efforts (as soon as reasonably possible, not to exceed six hours) toward notification of the juvenile's parent, legal guardian, or adult relative, to advise them of the juvenile's arrest, location, and where release can be arranged. (19.03b) There are other times when juveniles may meet mandatory detention criteria at JAC (e.g., juvenile is a runaway risk, lives out of state, or is a danger to witnesses, etc.).

AT-LARGE ARREST AND PAPERWORK

At-large arrest paperwork should be completed only when the wanted subject cannot be located at the time the probable cause is established This process should not be used in serious felony offenses or in other felony cases where the victim could be in danger of further criminal activity. Before an officer makes an arrest on the authority of at-large felony arrest paperwork, it is imperative the officer read the information contained in the affidavit and attached documentation and determines that sufficient probable cause exists to arrest the defendant.

VICTIM ASSISTANCE AND NOTIFICATION

BROCHURE DISTRIBUTION a. Members shall provide every victim of a crime with a Victims' Rights brochure. Members shall complete the first page of the Victims' Rights brochure. Victims include family members who are related to victims of homicides or other serious violent crimes. The brochure may be given to witnesses where the member believes it is appropriate. Members shall indicate in the incident report that the Victims' Rights brochure was provided. b. In addition, victims of domestic violence, repeat violence, sexual violence or stalking will also be given a domestic violence brochure: "Notice of Legal Rights and Remedies for Victims of Domestic Violence, Repeat Violence, Sexual Violence, Stalking." §794.29, Fla. Stat. c. Victims of sexual battery will also be given a sexual battery brochure: "Sexual Battery Victim's Rights and Services." §794.052, Fla. Stat. d. Officers are required to give Victim Information and Notification Everyday (VINE) pamphlets (available in the Supply Unit) to victims whenever victims will automatically be registered with VINE for crimes listed in Section 3 (when a victim notification card will be turned in). Officers must complete a victim notification card (Attachment A) when an arrest is made, when filing at-large paperwork, or securing an arrest warrant for the following crimes per Florida Statutes: (17.05) a. Homicides, pursuant to Florida Statutes, Chapter 782. b. Sexual Offenses, pursuant to Florida Statutes, Chapter 794. c. Attempted Murder or Attempted Sexual Battery, pursuant to Florida Statutes, Chapter 777. d. Stalking, pursuant to §784.048, Fla. Stat. e. Domestic Violence, pursuant to §25.385, Fla. Stat. (The victim notification card must be completed in addition to the required domestic violence case handling paperwork and procedures.)

ARRESTS FOR TRESPASS AFTER WARNING

Before an officer makes an arrest for trespass, he/she should allow the suspect to dispel the officer's concerns by explaining the reasons for being there. If it becomes apparent that the suspect may have received authorization from the owner or lessee to enter the property, the officer should contact the owner or lessee and make this determination before making an arrest.

EMERGENCY/INVOLUNTARY EXAMINATION

CRITERIA FOR ADMISSION The following criteria should be used to determine when a person should be taken to the CRC for adults and to the nearest receiving facility for individuals under age 18. A person may be taken to a receiving facility for involuntary examination if the person is mentally ill, and because of the mental illness: a. The person has refused voluntary examination after sufficient and conscientious explanation and disclosure of the purpose of examination, OR b. The person is unable to determine on their own whether examination is necessary. In addition, the officer shall determine that: a. Without care or treatment the person is likely to suffer from neglect or refuse care for him- or herself and such neglect or refusal poses a real and present threat of substantial harm to his her well-being, and it is not apparent that such harm may be avoided through the help of willing and responsible family members or friends, or the provision of other services; OR b. There is substantial likelihood that without care or treatment, the person will cause serious bodily harm to him- or herself or others in the near future as evidenced by recent behavior. All available, less restrictive treatment alternatives that would offer an opportunity for improvement of the person's condition must also have been judged to be inappropriate, or unavailable. 2.2 ON-SCENE PROCEDURES FOR A BAKER ACT When Department personnel arrive on the scene and observe conduct that meets the above criteria, they will notify their immediate supervisor. When possible, a Crisis Intervention Team (CIT) officer shall be dispatched to calls or incidents involving a confirmed or suspected mentally ill person in crisis. A crisis could consist of a person having delusions, refusing to take prescribed medications, erratic behavior, talking to themself, or other activity or behavior that causes alarm or concern to the average person.

DEADLY FORCE RESISTANCE The subject's actions are likely to cause imminent danger of death or great bodily harm to the employee or another person

DEADLY FORCE Employee's actions may result in death or great bodily harm to the subject. • The application of deadly force is not limited to the use of a firearm and may include application of other techniques and/or weapons

DEPENDENCY PROCESSING PROCEDURES

Dependent Child: A child who: a. Has been abandoned by his or her parents or custodian. b. For any reason is destitute or homeless. c. Has no proper parental support, maintenance, care, or guardianship. d. Because of neglect by parents or guardian, is deprived of education as required by law, or of medical, psychiatric, psychological, or other care necessary for well being. e. Is living in conditions or in an environment that may injure or endanger his or her welfare. f. Is living in a home that is unfit by reason of neglect, cruelty, depravity, or other adverse condition of a parent or other person in whose care the child may be. g. Is surrendered to the Department of Children and Families or a licensed child-placing agency for the purpose of adoption.

WITHDRAWING EVIDENCE

Detectives assigned to fraudulent document cases may, with supervisory approval, withdraw documentary evidence for use in an investigation for a period of up to 30 days in accordance with the current Property and Evidence "Temporary Out" system.

COURTHOUSE SECURITY AND PROCEDURES

During and after business hours, OPD shall handle emergency and non-emergency incidents and parking enforcement in the following areas: a. The following specified parking areas: (1) the multi-story parking garages north of the Courthouse complex (2) the loop/drop-off area to the west of the Courthouse complex and adjacent to Orange Avenue. After business hours, OPD shall handle emergency and non-emergency incidents occurring within the Orange County Court Complex, including but not limited to Special Weapons and Tactics (SWAT) operations and in-progress events. (31.01a,e,g) During business hours, OCSO shall handle emergency and non-emergency incidents including, but not limited to, Special Weapons and Tactics ("SWAT") operations and in-progress events occurring within the Orange County Court Complex: a. Building A, which houses the Public Defender's Office; b. Building B, which houses the State Attorney's Office; c. Building C, which houses the courts of the Ninth Judicial Circuit Courthouse; d. Plaza; e. The following specified parking areas: (1) the law enforcement parking lot at the rear of the courthouse (2) the dock area which receives deliveries If an on-duty OPD officer or OCSO deputy is involved in a shooting at the Orange County Court Complex in the course and scope of his/her employment, the following protocol shall apply: a. The OPD officer shall be considered to be working under the exclusive control and authority of OPD, not the OCSO. OPD shall be responsible for conducting the applicable criminal investigation. b. The OCSO deputy shall be considered to be working under the exclusive control and authority of OCSO, not the OPD. OCSO shall be responsible for conducting the applicable criminal investigation. c. If law enforcement officers from both agencies are involved in such a shooting, they shall be considered to be working under the exclusive control and authority of their respective agencies. OPD and OCSO shall be responsible for jointly conducting the applicable criminal investigation, in partnership with any other law enforcement agency requested by either OPD or OCSO.

TRANSPORTING ARRESTEES ESCAPES DURING TRANSPORT

ESCAPES DURING TRANSPORT In the event of an escape, the transporting officer shall immediately take the following actions: (29.04a,c) a. Attempt to recapture the escapee, if possible. b. Notify headquarters by radio, or other suitable means, of the situation and request immediate assistance and broadcast a description of the arrestee. c. Establish a cordon (or other organized plan) designed to effect the recapture of the arrestee. Call for any assistance available to assist in the search. d. Advise headquarters, as soon as practical, of the original criminal charges for which the escapee was being transported and all new criminal charges associated with the events of the escape. e. Notify the field supervisor and/or the transporting officer's immediate supervisor as soon as practical

EMERGENCY/INVOLUNTARY EXAMINATION CRIMINAL CONDUCT

FELONY CONDUCT When a person has committed a nonviolent felony and, in the opinion of the arresting officer, the prisoner meets Baker Act criteria, the prisoner shall be taken to the CRC for involuntary examination. Officers will do at-large paperwork in these cases if the officer believes the suspect has sufficient ties to the community (job, family, etc.) to be located after he or she is released from the receiving facility. If there are insufficient ties to the community, the officer will place a police hold on the suspect. Upon notification of release, probable cause paperwork and the prisoner will be transported to central booking by an on-duty unit. If the prisoner is not admitted at the receiving facility, he or she will be returned to the booking facility for full processing. When an officer has arrested a person for a felony involving a crime of violence against another person, such person should be processed in the same manner as any other criminal suspect, notwithstanding the fact that the arresting officer has reasonable grounds for believing the person's behavior meets statutory guidelines for involuntary examination pursuant to the Baker Act. When the officer has arrested a person for a felony involving a crime of violence against another person and it appears the person meets statutory guidelines for involuntary examination or involuntary placement, the officer shall also notify the Orange County Jail booking officer. The officer should record that the suspect appeared to meet the Baker Act criteria and that the personnel at the booking facility were so advised on the arrest affidavit or incident report. 4.2 MISDEMEANOR CONDUCT If the conduct of an adult constitutes a misdemeanor or municipal ordinance violation, and the violation appears to be the result of a mental/emotional disturbance meeting the requirements for involuntary examination and is observed by the on-scene officer, the officer shall transfer the subject to the CRC (unless under 18) for admission. In these cases, a "police hold" should not be placed into effect. If the subject is admitted under the Baker Act, then the officer will: a. Issue a Notice to Appear, where qualified under the guidelines of the Notice to Appear procedures, or b. Complete the paperwork for filing charges at large, or c. Complete the paperwork to secure an arrest warrant. The officer must indicate the location of the subject in the Notice to Appear, police report, or warrant.

NOTIFICATION TO SUPERINTENDENT OF CERTAIN CHARGES AGAINST OR CONVICTIONS OF STUDENTS OR EMPLOYEES

FSS 1012.797 provides that a law enforcement agency must notify within 48 hours the appropriate superintendent of schools of the name and address of any employee of the school district who is charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance FSS 985.04(4) requires that the arresting agency immediately notify the district school superintendent (or his or her designee) of any child who is charged with a delinquent act or violation of law which would be a felony if committed by an adult or involves a crime of violence

FILING CRIMINAL CASES

Filing packages will be completed on all felony and misdemeanor arrests. This will include all warrants, at-large affidavits, and notices to appear with the exception of misdemeanor traffic arrests. All cases must be filed within the prescribed time limits regardless of availability of items on the checklist. The State Attorney must disclose to the defense all relevant evidence known to law enforcement; it is particularly important that the State disclose all statements made by a defendant, including any oral statements made by the defendant

ACTIVE RESISTANCE The subject's actions are intended to facilitate an escape or prevent an arrest. The action is not likely to cause injury.

HARD CONTROL The employee applies techniques that could result in greater injury to the subject, if the subject resists their application by the employee• Forearm and knee strikes • Open and closed hand strikes • Baton strikes • Kicks • Takedowns • Impact Weapons • Tire Deflation Devices • Electronic Control Devices (TASER) • K-9 Apprehension *See Appendix B for Hard Control Techniques target areas.

AGGRESSIVE RESISTANCE The subject has battered, or is about to batter a person/employee and the subject's action is likely to cause injury.

INTENSIFIED TECHNIQUES Those techniques necessary to overcome the actions of the subject, short of deadly force. If the subject resists or continues to resist these techniques there is a strong probability of injury being incurred by the subject. • Techniques necessary to overcome actions of a subject short of deadly force. * Intensified techniques may target shaded areas indicated in Appendix B.

JUVENILE MISDEMEANOR ARREST PROCESSING

If a juvenile does not meet JAC mandatory detention criteria, arrangements shall be made to field release the juvenile to a parent, responsible adult relative, or an adult approved by the court. The releasing officer shall verify the adult's identity and do a records check on any person to whom the juvenile is being released. Any adult (other than a parent, guardian, or legal custodian) who has a prior felony conviction for child abuse, drug trafficking, or prostitution is not considered a responsible adult for purposes of release When field-released by the officer on a misdemeanor charge, a juvenile release agreement shall be completed.

TRESPASS SCENARIOS

If an individual is trespassed from one business that is located in a larger complex of businesses, like a mall, shopping center, or office complex, the trespassed individual usually retains the right to enter the common areas and other establishments within the complex. Non-tenants may be trespassed by the landlord or the landlord's agent only if all lease agreements reserve that specific right to the landlord (e.g., "Tenant agrees that Landlord reserves the right to trespass any non-tenant from the leased premises or common areas"). Officers are authorized to issue Trespass Warnings without a Park Service Specialist's authorization in the following circumstances: a. To persons who have specifically been prohibited from coming onto a City park and/or park facility by an agent of the City of Orlando's FPR Department, whether identified in person, by name, or by photograph. b. To persons who commit any violation of a state statute or municipal ordinance while in a City park and/or park facility. c. To persons detained pursuant to a lawful Terry stop when the officer's suspicions are not dispelled. Trespass Warnings issued hereunder for parks shall be for a maximum of one year unless noted otherwise on the form. Persons who commit any offense (state statute or municipal ordinance) in a City park and/or park facility which involves sexual misconduct shall be issued a Trespass Warning for an INDEFINITE period of time Note: Trespassed persons may reenter a City park and/or park facility only for the purpose of engaging in First Amendment activities so long as an agent of the City of Orlando FPR Department is first notified. However, an officer may issue a Trespass Warning to an subject exercising his/her First Amendment rights if the subject is also engaged in prohibited conduct (e.g., violating state law or municipal ordinance, blocking ingress/egress from a building or blocking people's paths on sidewalks, being in an area in the park which has been exclusively rented for use by a group and a member of the group requests that person be removed from the rented area, or being in the park after hours). 3.7 CITY HALL Because of the public nature of City Hall, Trespass Warnings should only be issued in the most extreme cases and only with the prior approval of a watch commander

INVESTIGATION OF DOMESTIC VIOLENCE CASES LACK OF PROBABLE CAUSE

If probable cause cannot be established due to conflicting statements, insufficient evidence, lack of independent witnesses, etc., this information will be documented on the Incident Offense Report. Officers shall not threaten, suggest, or otherwise indicate the possible arrest of all parties, or the removal of the children from the home with the intent of discouraging requests for intervention by law enforcement by any party. If there is a lack of probable cause, the victim shall be so informed. Victims and persons alleging domestic violence or dating violence will receive a pamphlet explaining legal rights and remedies and will be advised of the availability of shelters. Also, efforts to assure future safety will be made (i.e., transportation to shelter).

EVIDENCE MAKING NECESSARY CONTACTS

If the found property belongs to an individual who is arrested and incarcerated, the arresting officer must advise the owner that he/she has 90 days to retrieve their property or it will be destroyed.

MISSING PERSONS WITH DEMENTIA OR ALZHEIMER'S SUPERVISORY RESPONSIBILITIES

If the missing person with dementia is not located within 30 minutes of the arrival of the primary officer, the officer's supervisor shall respond to the scene to assume command of the operation. The on-call Violent Crimes Supervisor shall be notified and will determine if a detective will respond and assist. The sector supervisor assuming command shall coordinate the searching parties, secure additional units and, if needed, establish a command post. The supervisor should complete the Missing Persons/Code 10 Information Sheet (Attachment E). If the missing person with dementia is not located within one hour of the arrival of the primary officer, the sector supervisor will notify the watch commander.

REPORTED AND RECOVERED STOLEN VEHICLES

If the tag comes back "Not on File," the officer should request Teletype to send an administrative message to the Department of Highway Safety and Motor Vehicles (DHSMV) and note this in the Incident Report. If the owner can respond to the scene within 30 minutes, the vehicle shall be processed and released at the scene. If the owner cannot respond to the scene, the officer shall process the vehicle and contact the City's contracted wrecker service for towing. Except when located at a wrecker company lot, never leave a recovered stolen vehicle at the recovery scene.

INCIDENTS INVOLVING IMMUNE PERSONS AND FOREIGN NATIONALS

In the event an officer encounters a foreign diplomat or other immune person, in connection with a violation of the law, and the status of the immune person has been determined, refer to the table in Attachment C to determine whether the individual may be detained or arrested if the offense so requires. May be Issued a Traffic Citation YES May not be compelled to sign citation or arrested for failure to sign

VEHICLE PURSUITS

No more than three units will engage in the pursuit, not including a supervisor and/or StarChase operator. These are the primary unit and the assigned backup. The third unit will be a K-9 unit or third marked vehicle for apprehension purposes or for the application of a felony stop. If appropriate, a supervisory unit may also engage in the pursuit if in a marked vehicle. (17.06d) Unmarked vehicles equipped with emergency equipment (lights and siren) may initiate or engage in vehicle pursuits when marked units are not readily available but only until a marked unit becomes available. Once a marked vehicle arrives, the unmarked vehicle must immediately disengage from the pursuit. (17.06d) Unmarked vehicles equipped with StarChase may engage in a vehicle pursuit for the purpose of StarChase deployment. The field supervisor shall respond to the scene to assess the situation and provide information for the commander.

RESPONSE TO CALLS/TRAFFIC STOPS BY UNMARKED POLICE VEHICLES

No police vehicle responding to a call in a 10-18 status is authorized to proceed through a red light or stop-sign intersection without first stopping. After stopping, a police vehicle can proceed through an intersection, against a red signal or stop sign, only after the officer has ascertained that all other traffic has stopped. The police vehicle must be flashing its blue lights and sounding its siren or horn. Unmarked vehicles equipped and operating with blue light and siren shall, for the purpose of this policy, be considered authorized emergency vehicles. Officers operating unmarked authorized emergency vehicles may, when necessary, make routine traffic stops but only if the officer in the unmarked vehicle is in one of the following uniforms: Patrol Class A or B, Bike or NPU, Lake Nona, Motors, Mounted, K-9, SWAT, ERT, Uniform Drug Standard Uniform, Marine Patrol, or Training.

TOWING OF VEHICLES PURSUANT TO ARRESTS; OPTIONS OF OWNER/CUSTODIAN

Officers may at their discretion give the legal owner or custodian of a vehicle, who has been arrested, the following four options for towing the vehicle: a. The vehicle may remain in its current location if it is not in violation of any state or local laws. The vehicle should not be parked on private residential property without permission of the property owner. b. A licensed and sober passenger may remove the vehicle. c. Someone may be contacted to take charge of the vehicle. This person must be able to respond within 30 minutes. d. The vehicle may be removed by a wrecker service of the legal owner or custodian's choice. If the arrestee opts to either leave the vehicle legally parked at the location of the arrest, have the vehicle towed and stored by the wrecker service of the arrestee's choice, or release the vehicle to the person of the arrestee's choice, the officer must complete the "Release of Liability" portion of the Vehicle Disposition form (Attachment D) available in the Supply Unit) and have it signed by the legal owner or custodian. If the arrestee refuses to sign the form, the officer should write "signature refused" on the form and have the vehicle towed. 3.1 WHEN OPTIONS APPLY The four options apply only if: a. The legal owner or custodian is present at the scene, and b. The legal owner or custodian is capable of making a sound decision. If the option chosen by the legal owner or custodian is not accomplished within 30 minutes, and the vehicle is creating a traffic hazard, or is illegally parked in a tow-away zone, the vehicle shall be towed. 3.2 WHEN OPTIONS DO NOT APPLY A vehicle shall be impounded without giving options if it is: a. Evidence of or an instrumentality to a crime, or b. Being confiscated for forfeiture, or c. Required to be impounded pursuant to a DHSMV "hit" in accordance with §322.34, Fla. Stat. Unusual circumstances may arise which dictate the need for flexibility. In these instances sworn members shall contact their supervisors for direction.

USE OF POLICE CANINES

Prior to searching buildings, the initial responding officer will attempt to contact a representative having control over the property to obtain a verbal indication that no one is authorized to be in or on the premises and prosecution is desired. (NOTE: This is to ensure the safety of persons who may rightfully be in the search area and is not intended to seek permission for the deployment of police-trained canines.) Police-trained canines will not normally be used to search a structure known to contain a barricaded gunman, but may be deployed to assist SWAT Team members at the direction of the SWAT Team Commander The police-trained canine will be released only in cases involving a suspected felony

SEIZING PERSONAL PROPERTY

Supervisory personnel must authorize both vehicle and currency seizures. Officers may seize personal property for forfeiture if there is probable cause to believe that the property is subject to forfeiture as outlined above, or as otherwise authorized by other statutes permitting forfeiture in accordance with the FCFA. The FCFA permits seizure of the contraband article at the time of the violation, or subsequent to the violation. Whenever possible, the seizure should occur at the time of the violation.

HATE CRIMES

RESPONSIBILITIES OF FIELD SUPERVISORS Florida Statutes and case law require that: a. The perpetrator must demonstrate prejudice or bias; b. This bias must be evidenced in the commission of the crime; c. The bias must be based on one or more of the personal characteristics of the victim; and d. The perpetrator perceived, knew, or had reasonable grounds to know or perceive, that the victim was within the group delineated by statute. RESPONSIBILITIES OF FIELD SUPERVISORS a. Respond immediately to the scene of all incidents. b. Ensure that the crime scene is protected. c. Notify the on-call CID personnel (Assault and Battery Unit) as deemed appropriate by the supervisor. d. Notify the Watch Commander. e. Ensure that the scene is properly processed and evidence gathered. f. Notify the PIO as soon as possible, as needed, or per the current issue of P&P 1119. g. If appropriate, the watch commander shall arrange for an immediate increase of patrols throughout the affected area. h. If, in the judgment of the patrol supervisor, the potential for further acts of violence still exists, a unit should be specifically assigned to the location in a fixed post position. i. Ensure that all physical remains of the incident are removed after processing is completed. j. If the remains cannot be removed (e.g., paint on walls), the supervisor shall attempt to impress upon building or property owners the need for complete restoration as soon as possible. k. Ensure that the report is appropriately classified as a hate crime and that the report contains all necessary information, including the clear identification of the incident as a hate crime, full data on the materials used (e.g., cross, literature, or paint), size or construction of wrappings or messages, the method of removal, and the disposition of the remains.

PASSIVE RESISTANCE The subject fails to obey verbal direction preventing the employee from taking lawful action

SOFT CONTROL The employee applies techniques that have a minimal potential for injury to the subject, if the subject resists the technique.• Pressure Points • Wrist Locks • Arm Bars • Compression Techniques • Chemical Agents • Diversionary Device

LOST OR MISSING CHILD SUPERVISORY RESPONSIBILITIES

SUPERVISORY RESPONSIBILITIES If the child is not located within 30 minutes of the arrival of the primary officer, the officer's supervisor and the CID supervisor shall be notified. The Patrol supervisor shall respond to the scene to assume command of the operation. The CID supervisor will determine if a detective will respond and assist. The sector supervisor assuming command shall coordinate the searching parties, secure additional units and, if needed, establish a command post. (21.01c) The supervisor should complete the Missing Persons/Code 10 Information Sheet (Attachment E). If the missing child is not located within one hour of the arrival of the primary officer, the sector supervisor will notify the watch commander.

HANDLING INVESTIGATIONS ON UNAUTHORIZED USE (PERMISSION GRANTED FOR USE)

Technically, there is no Florida Statute violated when a vehicle loaned to an individual is not returned within a specified time period, even if this period was agreed upon at the time of loan. The individual who borrowed the vehicle may or may not have the intent of stealing it. Therefore, this situation is not initially considered a violation under current Florida Statutes. The person making this report shall be informed that the individual in possession of the vehicle has legal possession granted by the victim/complainant. The reporting person will be informed that, under current policy, the vehicle will not be entered into Teletype as a stolen vehicle, and that he or she should contact the Auto Theft detective if the vehicle has not been recovered after ten days.

INTERVIEW/PROCESSING ROOMS ADULTS

The Orlando Police Department provides interview/processing rooms at Orlando Police Headquarters, Southeast Community Police Office, Northwest Community Police Office, Southwest Community Police Office, Drug Enforcement Division, Airport Division, Parramore Heritage Police Office, and the Downtown Bike Office for only sworn law enforcement to utilize. Under no circumstance will a suspect, detainee, or prisoner be held in a holding area in excess of eight hours. Under no circumstances will a male and female suspect, detainee, or prisoner (juvenile or adult) be placed together in an interview room. (39.01c)

TASER

The TASER probes shall not be intentionally aimed at a person's head, neck, chest (above the nipples), or groin unless intensified techniques or deadly force is warranted. The TASER "drive stun" technique is approved in all areas except the head, neck and groin as hard control for active resistance. The Taser shall not be used on a subject who is holding illegal drugs in his/her mouth when the sole method of their resistance is the refusal to spit the illegal drugs out of their mouth. The TASER shall not be used on subjects operating bicycles or motor vehicles except in cases of aggressive resistance. In cases where a subject is struck with a probe in the face, throat, groin, female breast, or male nipple area, OFD must respond to the scene to treat the injury. (4.09) However, OFD will not be responsible for removing probes. The subject, when struck in any of these areas, must be transported to a hospital for probe removal. Only members certified to use a TASER are authorized to remove probes that have struck the subject in any area other than those listed above. In the event of an accidental discharge where there are no reported injuries, a Response to Resistance Form will not be needed; however, a supervisor must be notified of an accidental discharge and ensure that the Incident Report is completed.

PROPERTY OF ARRESTEES INCLUDING FIREARMS AND/OR EVIDENCE

The arrestee's valuables (money, cell phone, wallet, credit cards, jewelry, prescription medication, etc.) shall be inventoried, placed into a tamper-proof Orlando Police Department property bag, and documented on the Receipt for Prisoner's Personal Property form (Attachment A). The arrestee will sign the property receipt form acknowledging the contents of the bag.

BURDEN OF PROOF AND EVIDENCE REQUIRED

The burden of proof in a forfeiture case is "clear and convincing." This burden is more than preponderance, but less than beyond a reasonable doubt. The evidence must be of such weight that the jury or judge has a firm belief or conviction as to the truth of the allegations. A seizing officer must keep this heightened standard of proof in mind when determining whether the facts support a forfeiture seizure.

STOP STICKS

The deployment of Stop Sticks will be based on the following: a. Felony vehicles - the decision to deploy Stop Sticks will be at the discretion of any member who can safely deploy the device, excluding the sole charge of felony "Fleeing and Eluding." b. Misdemeanor vehicles - Stop Stick deployment requires the approval of a supervisor or manager. As a reminder, once the driver of a subject vehicle that has been "Stop Sticked" takes evasive action in an effort to distance him- or herself from the police, the member shall immediately discontinue following the vehicle unless it meets the criteria for a vehicle pursuit as described in the current issue of OPD P&P 1120, Vehicle Pursuits. Furthermore, any subsequent use of Stop Sticks after the first attempt to stop the vehicle with this device must be approved by a supervisor, except in a situation that meets vehicle pursuit criteria.

DYNAMIC VEHICLE TAKEDOWN

The dynamic vehicle takedown, or any modified version of this technique, shall only be used by members who have been trained and who receive continuous training in this technique and are assigned to DED, Patrol TAC, MBI, FIU, the Gang Unit and SWAT. Blocking may not be used on moving vehicles

FAILURE TO REDELIVER A HIRED (RENTAL) VEHICLE

The rental car company shall complete a Police Action Request Form (Attachment A) and a Rental Car Company Checklist (Attachment B). These documents, along with copies of the signed lease or rental agreement, copy of the vehicle registration, copy of the demand letter, copy of proof of delivery or non-delivery of demand letter, stolen vehicle affidavit, and sworn Statement, will be forwarded to the Auto Theft Unit. The rental company must show proof of actual attempts or contact with the renter, demanding return of the vehicle. The preferred method is by certified letter with a return receipt request.

PRISONER TRANSPORT DETAIL

The transport van detail will not be used for: a. Transporting injured prisoners b. Baker Act patients c. Preserving crime scenes d. Guarding prisoners at hospitals Any prisoner who requires hospitalization after being transported to the BRC shall be transported as soon as possible to Florida South Hospital. On-duty patrol units will be assigned to transport and guard the arrestee. The arresting and transporting officers are responsible for the proper searching of all arrestees. All policies regarding the handling, searching, and transporting of prisoners will be followed by the transport detail officer. Due to the two separate compartments in the prisoner transport van, which allows prisoners to be transported out of sight and sound of each other, males and females or adults and juveniles may be transported at the same time in the separate compartments. A single officer may only transport a maximum of three prisoners at one time. For four or more prisoners, a second officer is required for safety. The second officer may be an on-duty patrol officer following the transport van in his marked patrol vehicle. The transport van may transport a maximum of ten prisoners. Any prisoner in a four-point restraint or combative arrestee will require an additional officer to constantly monitor the prisoner during transit.

DROPPING CHARGES/UNARRESTS

The watch commander shall ensure that the arrestee is immediately released and transported back to the location where he or she was arrested. Officers should ensure that positive identification of the prisoner/detainee is made upon release and that personal property is returned. The watch commander shall direct the arresting officer to initiate a police Incident Report concerning the circumstances of the incident. A copy of the report documenting the unarrest shall be immediately forwarded to the Police Legal Advisor. If a subject has been arrested, the booking process has been completed, and information comes to the officer that indicates the original probable cause no longer exists to support the charges, the officer shall immediately notify the Police Legal Advisor, his or her supervisor, and the watch commander. At this point, only the State Attorney or the courts have authority to drop charges. The Police Legal Advisor will facilitate the release of the arrested subject through the State Attorney's Office or the courts.

UNRULY ARRESTEES

Those persons who are violent or otherwise unmanageable, while being relieved of all property, searched, photographed, and screened by the nurse, will remain handcuffed to the rear and placed in restraints, if necessary, by Orange County Corrections officers. (29.06b) If accepted, the individual will immediately be controlled by corrections personnel. The arresting officer will then proceed with the paperwork. If necessary, traffic citations should be annotated on the violator's signature line, "too intoxicated to sign" or "unable to sign" or "refused." If an OPD officer is transporting an arrestee to the booking facility and during transportation or booking is resisted (with or without violence), battered, assaulted, or observes the arrestee destroying evidence, an arrest on those additional charges may be made by the arresting or transporting OPD officer. If during the booking process an OPD arrestee assaults, or batters, or commits any other crime against a person other than the arresting/transporting officer, the incident should be handled one of two ways. If the crime is of a minor nature or is the same or lower level as the original offense, there would be no need to have a physical arrest made as the individual charge could be noted in the narrative of the Charging Affidavit by the original arresting law enforcement officer as an additional charge. If, however, the situation presents itself where a physical arrest needs to take place, the crime should be treated as a separate incident and a separate affidavit should be completed under the mutual aid agreement. (29.01d)

ORLANDO HOUSING AUTHORITY PROPERTIES

Trespass rules for OHA properties are slightly different than those for privately owned apartment complexes, due to the public purpose served by OHA properties, and agreements between the governing bodies. Agents or managers of Orlando Housing Authority (OHA) properties may exclude non-tenants from the common areas of properties owned or controlled by OHA. Residents within OHA properties may exclude persons from their own units. City Council has also adopted a resolution authorizing officers on behalf of OHA to issue Trespass Warnings in the following circumstances: a. To persons who have specifically been prohibited by an OHA agent from coming onto OHA property by an OHA agent, whether identified in person, by name, or by photograph; b. To persons who have previously been arrested two or more times within the last three years for any of the following offenses: any felony, any drug offense, any crime of violence, or any crime committed on or against property owned or controlled by OHA. (NOTE: The person need not be convicted but only be charged with the offenses listed.) Officers must verify the existence of these past charges/arrests prior to issuing the Trespass Warning; or c. To persons whom the officer has a legal right to detain pursuant to a Terry stop and who do not dispel the officer's suspicions. Trespass Warnings issued hereunder shall be for an INDEFINITE period of time unless noted otherwise on the Trespass Warning form or unless requested for a shorter period by an OHA agent/manager. Trespass Warnings issued at one OHA property are effective for all OHA properties. If the trespasser lives in one OHA property but is trespassed from another, the Trespass Warning will be good for all OHA properties except the one where the trespasser resides. Officers should use the Orlando Housing Authority Properties Trespass Warning form (Attachment C) when issuing a Trespass Warning for OHA properties. The OHA manager's signature may be obtained after the warning has been issued and will serve to document notification of OHA management. Persons who are trespassed, but who are specifically reinvited to enter by a tenant have the right to be on the property for the express purpose of visiting the tenant, and must do so by the most direct route. Officers shall observe such trespassed persons for a period of at least five minutes to assist in determining whether the trespassed person is approaching or departing a specific unit by a direct route. However, trespassed persons may not be in common areas, even if a tenant invites them onto the property.

TOWING OF VEHICLES AS A RESULT OF PARKING VIOLATIONS OR TRAFFIC HAZARDS

Under any of the following conditions vehicles shall be towed: a. The vehicle is left unattended under any of the conditions enumerated in Section 39.29, Orlando City Code, and poses a traffic hazard. b. The vehicle has been involved in an accident and one or more of the following conditions exists: 1. The legal owner or custodian is not present or is incapacitated. 2. The vehicle poses a traffic hazard. (23.01g) 3. The vehicle cannot be secured and legally parked. (If the legal owner or custodian is not available to take charge of the vehicle, and the vehicle is not a traffic hazard and can be legally parked, the employee in charge shall secure the vehicle and leave it at the scene.) The officer must then wait six (6) hours for a limited access roadway, twenty-four (24) hours for city off-street parking / meter zone, or seventy-two (72) consecutive hours for city streets before the vehicle can be removed (towed). If during the seventy-two hour period the vehicle has been removed from the particular street for a period of at least twelve (12) consecutive hours, it may not be towed. When sworn members are asked by citizens to remove vehicles from private property, the member shall refer the citizen to §715.07, Fla. Stat. and Orlando City Code Chapter 39, Article IX, concerning the towing of vehicles parked, without authorization, on private property and further explain that the citizen may have the vehicles towed without the assistance of police. Generally, no police hold shall be placed on any vehicle except for the purpose of processing and photographing for evidence or for forfeiture (25.02j

CURRENCY CASES

When cash is taken from a claimant for forfeiture, the officer shall issue the claimant a Notice of Forfeiture and Property Receipt (Attachment C). All property and evidence procedures apply (P&P 1123, Property and Evidence). Do not place evidence holds on forfeited currency, because that prevents the Police Legal Advisor from entering into meaningful negotiations for settlement of forfeiture cases. The prosecution does not need the actual currency seized; the state may use any currency identical in amount and denomination for trial purposes. Officers may be tasked by the state to obtain such cash for trial purposes from OPD investigative funds. Prosecutors have been directed by the State Attorney's Office management not to introduce currency into evidence at trial because of the difficulties in retrieving the money later from the Clerk of Court. The state may wish to utilize the photographs or photocopies of the currency instead. Be certain to advise the prosecutor that these photographs were taken and make those pictures available to the prosecutor in a timely fashion. If money needs to be seized for evidentiary purposes, complete whatever steps are necessary for evidence handling and/or testing; and then place a forfeiture hold on the currency if it meets the statutory definition of contraband under the Florida Contraband Forfeiture Act.

RESPONSE TO RESISTANCE AND APPREHENSION TECHNIQUES

When it is necessary to utilize a four-point restraint on a subject, members shall not "cinch" down the handcuffs, flexcuffs, or Ripp-Hobble. The feet should not be brought past a 90-degree angle to the body. This ensures the safest method of utilizing this restraint technique. Two members should transport a four-point-restrained subject for member and subject safety, whenever possible. The member shall monitor the subject at all times while in a four-point restraint. Chemical munitions packs are located in the Quartermaster vault at OPH and SECPO. These packs must be signed out with the approval of the watch commander. The Patrol Services Bureau commander or designee will be responsible for chemical munitions packs. The supervisor shall notify the involved employee's section commander of the circumstances requiring the initiation of a Response to Resistance report. If the employee's section commander is not on duty and immediately available, the supervisor will notify the on-duty watch commander. Notifications shall be accomplished as soon as possible but no later than the end of their tour of duty, and the name of the manager notified shall be documented in the Response to Resistance Form (Attachment C). The supervisor shall ensure that photographs are taken of any injury, actual or claimed, by either the subject or the employee, that result from an application of force by the employee in response to a subject's resistance. If available, a CSI or forensic photographer will take the photographs of all injuries requiring hospitalization and/or treatment at a medical facility.

WEAPONS IN MENTAL HEALTH FACILITIES

When the officer arrives at the CRC with an adult Baker Act, the officer must secure his or her firearm. The officer may choose to lock the firearm in the trunk of his or her patrol vehicle or use the gun lockers located in the Sally Port entrance. If the officer is transporting a child Baker Act to Lakeside Behavioral Healthcare, the officer does not need to secure his or her firearm if only entering the reception area to complete paperwork. If the officer needs to go beyond the reception area, then his or her firearm and TASER must be secured. Florida Hospital does not require the officer to secure his or her weapon as long as the process is limited to the Emergency Room. Should the officer be required to enter the Psychiatric Ward, then the officer must secure all weapons in the trunk of the police vehicle or area designated by the hospital. Officers responding to the facility to take law enforcement action, other than delivering a Baker Act, will not be required to remove his or her firearm. Lakeside Behavioral Healthcare and the CRC have been advised that in these instances the officer's firearm is a necessary tool and will not be relinquished.

NOTIFICATION OF BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS

Whenever a firearm is recovered in the possession of a juvenile committing a crime, in a school zone, or during the commission of a violent crime, the Bureau of Alcohol, Tobacco, and Firearms shall be notified by calling ATF Communications Center at 1-800-ATF-GUNS (1.800.283.4867). ATF has requested this information to track juvenile gun-related offenses and to pursue charges against adults who violate federal firearm statutes or other criminal laws.

WITNESS/VICTIM STATEMENTS

Witness/victim statements will be obtained by the initiating employee in ALL criminal cases. Statements will be obtained on ANY case involving transient or non-local victims, whether the subject responsible for the criminal offense has been identified or not. If the victim does not desire prosecution, employees will complete the witness/victim Statement form (Attachment A) and instruct the victim to sign the declination to prosecute section or initial the intent to prosecute section for all investigations except domestic violence or dating violence investigations. For domestic violence or dating violence cases, the Statement form shall be utilized; however, officers shall not ask domestic violence or dating violence victims about prosecution nor allow them to sign the declination to prosecute section on the Statement form. A Property Section Victim Statement form should be used on all property cases that require a statement. These forms are available in the Quartermaster Unit

The SWAT team shall be activated in the following circumstances: (21.02d)

a. A contained person is holding others against their will and is threatening the lives or safety of others. b. A contained person is believed to be or claims to be armed and refuses to surrender. c. A contained person is armed and is threatening to take his or her own life, and has the apparent ability to do so, and refuses to surrender. d. A sniper or terrorist is involved in any incident. e. Any time a command officer believes a SWAT or crisis negotiation response is in the public's or the Department's best interest.

Employees will not notify the Bureau of Alcohol, Tobacco, and Firearms (ATF) if a firearm is contraband as defined by the National Firearms Act unless:

a. A large quantity of weapons is confiscated, or b. Investigative assistance is needed, or c. A firearm is recovered in the possession of a juvenile while committing a violent crime, or while committing any crime in a school zone.

NOTIFICATION OF DEATH OR ARREST OF FOREIGN NATIONALS

a. ARRESTS will include all misdemeanor and felony cases that result in a custodial arrest. b. DEATH will include homicides, traffic fatalities, accidental deaths, and those from natural causes. 2.2 HOW TO IDENTIFY A FOREIGN NATIONAL A foreign national may present a foreign passport or an alien registration document as identification. If they present a document that indicates birth outside the United States, or claim to have been born outside the United States, they may be a foreign national. Unfamiliarity with English may also indicate foreign nationality. Such indicators could be a basis for asking the person whether he/she is a foreign national. 2.3 MANDATORY NOTIFICATION OF ARREST The countries listed in Attachment A have mandatory notification clauses in their treaties with the United States requiring notification upon the arrest of a foreign national from their country. The individual foreign national cannot waive a notification required by treaty. Notification of these arrests must be documented using the form contained in Attachment B. See Section 2.8 regarding locating a current list of phone numbers of foreign consulates and/or diplomatic representatives.

The ESU shall be activated in the following circumstances:

a. Any and all "call outs" of the SWAT, CNT, and/or ERT. b. When any special team commander or operational commander requires the support capabilities of the ESU. c. Natural and man-made disasters.

SITUATIONS NOT REQUIRING AN INCIDENT REPORT

a. Any apparently natural death involving a Hospice program, VITAS, ORMC Home Health Care, Florida Hospital Home Health Care, or other licensed home healthcare agency will be treated as a medically attended death. The body may be removed without prior notification to the Medical Examiner if all the following conditions are met: 1. A licensed home healthcare nurse, attending physician, paramedic/EMT, or law enforcement officer must be present at the scene after the patient's death. 2. A physician's statement or a signed DNR order must be readily available at the patient's house indicating he or she will sign the death certificate. Verbal confirmation by the family that the patient was under the care of a hospice organization is also sufficient. If the officer has any questions as to the status of the patient, he or she shall notify the medical examiner's office. 3. Law enforcement must be notified if any indication of foul play, trauma, suspicion of suicide, or other suspicious cause of death exists, and the death must subsequently be reported to the Medical Examiner. When all conditions are met, and the death is deemed to be the result of the terminal illness, the funeral home may be contacted to make the removal without prior approval of the Medical Examiner. b. Any death at a nursing home is considered an attended death, like a hospital death, and no report is needed. c. Any unattended death that appears natural and both the Orange County Medical Examiner's Office and the on-scene officer agree that no foul play is suspected. The officer will assist the Orange County Medical Examiner's Office with the body and then obtain a case number. The officer would clear the call with a "no report required" disposition. The primary assigned officer should make every attempt to notify next-of-kin. If the officer cannot locate any next-of-kin, prior to the end of his or her tour of duty, he or she should initiate an Incident Offense Report. This report will be forwarded to the Homicide Unit for further follow up. Additionally, officers shall adhere to the procedures for Decedent's Property outlined in the current issue of P&P 1123, Property & Evidence. A report is not required for found property or drugs being placed into the Property and Evidence Section where the owner cannot be determined or the property has no identification number. A brief explanation of the find will be written on the back of the hard copy of the evidence form. A case number and evidence number will be obtained and a disposition of "ZZ, G" given.

CONTRABAND ARTICLES Florida Statute §932.701(2)(a) 1 - 12 defines "contraband article" as:

a. Any controlled substance as defined in Chapter 893 or any substance, device, paraphernalia, or currency or other means of exchange that was used, was attempted to be used, or was intended to be used in violation of any provision of Chapter 893, if the totality of the facts presented by the state are clearly sufficient to meet the state's burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction. b. Any gambling paraphernalia, lottery tickets, money, and currency, or other means of exchange which was used, was attempted, or intended to be used in violation of the gambling laws of the state. (The Act applies to property used in misdemeanor gambling.) c. Any equipment, liquid or solid, which was being used, is being used, was attempted to be used, or intended to be used in violation of the beverage or tobacco laws of the state. d. Any motor fuel upon which the motor fuel tax has not been paid as required by law. e. Any personal property, including, but not limited to, any vessel, aircraft, item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, books, records, research, negotiable instruments, or currency, which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony, or which is acquired by proceeds obtained as a result of a violation of the FCFA. f. Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which was used, is being used, or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, or which is acquired by proceeds obtained as a result of a violation of the FCFA. g. Any personal property, including, but not limited to, equipment, money, securities, books, records, research, negotiable instruments, currency, or any vessel, aircraft, item, object, tool, substance, device, weapon, machine, or vehicle of any kind in the possession of or belonging to any person who takes aquaculture products in violation of §812.014(2)(c). h. Any motor vehicle offered for sale in violation of §320.28. i. Any motor vehicle used during the course of committing an offense in violation of §322.34(9)(a). j. Any photograph, film, or other recorded image, including an image recorded on videotape, a compact disc, digital tape, or fixed disk, that is recorded in violation of §810.145 and is possessed for the purpose of amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person. k. Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which is acquired by proceeds obtained as a result of Medicaid fraud under §409.920 or §409.9201; any personal property, including, but not limited to, equipment, money, securities, books, records, research, negotiable instruments, or currency; or any vessel, aircraft, item, object, tool, substance, device, weapon, machine, or vehicle of any kind in the possession of or belonging to any person which is acquired by proceeds obtained as a result of Medicaid fraud under §409.920 or 409.9201. l. Any personal property, including, but not limited to, any vehicle, item, object, tool, device, weapon, machine, money, security, book, or record that is used or attempted to be used as an instrumentality in the commission of, or in aiding and abetting in the commission of, a person's third or subsequent violation of §509.144 (prohibited handbill distribution in a public lodging establishment), whether or not comprising an element of the offense.

POLICE LEGAL ADVISOR call out or on call

a. Any officer-involved shootings resulting in injury. b. Any situation where the Police Legal Advisor may be needed. c. Upon request from a Department member, Communications will provide the name and Department cell and home phone numbers of the on-call OPD Legal Advisor. Communications staff may contact the on call advisor on behalf of the member if requested to do so. The preferred method of contact is to call the Department cell phone AND send an email, calling the home phone if no response is received In the event the on-call Police Legal Advisor cannot be reached, efforts will be made to reach another advisor via cell phone and email. d. OPD personnel will consult with their supervisors in an effort to resolve issues prior to contacting the on-call Legal Advisor. This step is not necessary in situations requiring immediate legal assistance.

FIREARM PROHIBITIONS The following practices are strictly forbidden:

a. Firing into or over the heads of crowds. b. Firing warning shots. (4.04) c. Firing into buildings, enclosures, or through doors when a subject is not visible. d. Firing at a moving vehicle solely to disable the vehicle unless authorized by a commander. e. Cocking the hammer of a weapon except to improve aim immediately prior to firing. f. Firing from a moving vehicle, unless being fired upon.

The ERT shall be activated in the following circumstances: (21.02d)

a. Large demonstrations. b. Riots. c. Union disorders. d. Mass arrest situations. e. Pre-planned events that would tax on-duty resources beyond acceptable limits. f. To support Patrol Services Division mobile field force operations already in progress

Violent Forcible Felony: For the purpose of this directive, shall be when an officer has reasonable suspicion that a suspect has committed or attempted to commit:

a. Murder. b. Manslaughter. c. Armed robbery or a strong-arm robbery that results in serious or great bodily harm. d. Sexual battery. e. Arson to a structure reasonably believed to be occupied. f. Use of explosive devices to a structure reasonably believed to be occupied. g. Use of a weapon of mass destruction. h. Kidnapping. i. Armed carjacking. j. Burglary armed with a firearm. k. Aggravated assault on a law enforcement officer with a deadly weapon (firearm, edged weapon). Does not include a motor vehicle. l. Aggravated battery on a law enforcement officer resulting in serious injury. NOTE: The fact that an officer had to move from the path of a fleeing vehicle does not constitute an aggravated assault, attempted murder, attempted aggravated battery, or attempted manslaughter for the purposes of this policy.

CALL-OUT RESPONSIBILITIES

a. Officers shall only make telephone calls to on-call investigative personnel when authorized to do so by a patrol supervisor, acting patrol supervisor, or watch commander. b. If officers have information for investigative personnel and it is after 2100 hours, the officer should only make the phone call if the investigative personnel have specifically requested it. c. Calls to on-call investigative personnel (for the purpose of determining response) should not be made until a patrol supervisor, acting patrol supervisor, or watch commander has complete information to appropriately assess the situation and authorizes the call. d. In cases involving obvious natural deaths, officers shall not call investigative personnel unless specifically requested to do so by the Medical Examiner's investigator. e. If a call-out is warranted according to this policy, suspects/arrestees should only be questioned or advised of constitutional rights by patrol personnel when authorized by the responding detective or investigative supervisor. f. The initial responding officers assigned to a major crime scene shall not be released prior to the detective's arrival unless relieved by the detective or a command officer. g. Crime scenes shall be secured and cordoned as quickly as possible. In cases involving violent death or injury that is obvious, the information should be conveyed to the responding detective. At no time shall a body be touched or disturbed in any way, except to render first aid, other necessary life saving techniques, or at the specific direction of the medical examiner. h. The initial responding officers shall confer with the assigned detective prior to completion of any incident reports to ensure that sensitive investigative information is protected.

CIVIL PROPERTY DISPUTES

a. The officer must advise all parties present that the officer is there only to keep the peace and is not there to resolve property disputes in favor of any party. b. The officer should obtain a summary of the facts from the person(s) involved and evaluate the information for possible criminal allegations. c. If no criminal charges are warranted, and the parties are still in dispute, the officer should wait until all parties to the dispute are present, (up to 30 minutes if other duties permit or longer with supervisory approval). If all parties are not present, the parties present must be advised that the status quo of the property should be maintained until all parties can be present. If a significant delay is involved, the parties will be advised to call OPD back once all parties are on the scene. d. If no criminal charges are appropriate and once all parties are present, the officer must explain the following: 1. The officer will not intervene in the transfer of property in a civil dispute, determine property rights, or provide legal advice. 2. No breach of the peace or other violation of criminal law will be tolerated. 3. The person in possession of the property has a right to object to any other person removing the property, absent a court order. 4. If an agreement cannot be reached between the parties, the officer must advise the parties that they should maintain the status quo of the property, separate and disperse, and seek relief in a proper forum. The officer may refer the parties to the Citizens Dispute Settlement Program, civil court, etc. e. If the officer has questions with regard to whether the matter is civil or criminal in nature, the officer should contact the Police Legal Advisor. f. No officer shall actively engage in repossession of property or execution of liens. g. The nature of the dispute and the actions taken by the party and the officer should be documented in an incident report.

DOMESTIC PROPERTY DISPUTES

a. The officer must advise the parties that the officer is there to keep the peace and is not there to resolve property disputes in favor of any party. b. The officer should obtain a summary of the facts from the persons involved and evaluate the information for possible criminal allegations. c. In the case of an injunction or other court order, the citizen shall be permitted to retrieve only that property specified in the court document. d. In the absence of an injunction or court order, a citizen may be permitted to retrieve personal clothing, toiletries, and medications. If the citizen has physical custody of children from the household, the citizen may also be permitted to retrieve the children's clothing, toys, toiletries, and medications. The officer cannot override the objections of a party in possession of the premises and property. If there is an objection by the person in possession, the parties should seek a civil remedy. e. If all parties to the dispute are present, the citizen may retrieve such other property as the parties may mutually agree upon. The parties must be advised by the officer that the person in possession of such property has the right to object. If the parties cannot agree, officers must advise the parties that the status quo of the property should be maintained, and the parties should seek relief in a proper forum (i.e. court order, Citizens Dispute Settlement Program, small claims court, etc.). If all parties to the dispute are not present, the officer may stand by until all parties are present (up to 30 minutes, if other duties permit, or longer with supervisory approval). If a delay is involved, the officer may ask to be called back when all parties are present. The officer shall not take any action which might be construed as favoring one person's rights over another's. It is not the intent of this policy that officers provide stand by assistance while an entire household full of property is divided. Officers should complete an incident report for these calls. f. The officer shall not allow any citizen to break into a residence or domicile. No officer shall advise parties that they may break into a residence or domicile. No officer will actively engage in repossession or execution of liens. g. If the officer has questions with regard to whether the matter is civil or criminal in nature, the officer should contact the Police Legal Advisor.

Members of the Department may discharge an approved firearm only under the following circumstances:

a. When the member reasonably believes the subject poses imminent danger of death or great bodily harm to an employee or any individual. b. When the member has probable cause to believe a subject is committing or has committed a forcible felony (as outlined in this directive) and the subject's actions, to include escape, pose imminent danger of death or great bodily harm if apprehension is delayed. c. For firearm practice at an approved gun range. d. For the purposes of test firing. e. To give an alarm or to call for assistance, for an important purpose when no other means is possible and the round may be fired safely into the ground. f. To kill a dangerous animal or one that humane consideration requires release from further suffering, when no other means of disposition is available. g. Discharging a firearm at or toward a moving motor vehicle is dangerous, can be ineffective, and should only be considered as a last resort to protect the member or another from imminent danger of death or great bodily harm. Members shall not discharge a firearm at a moving vehicle without first evaluating the particular conditions as a means to assess the risk of injuring or killing person(s) against whom force is not being directed. Discharging a firearm shall be avoided when there is an unreasonable risk to the safety of persons other than the intended subject or the danger to the public outweighs the likely benefits of its use. The use of deadly force by discharging a firearm at/into moving vehicle is authorized only when: 1. The member has probable cause to believe the occupant of the vehicle poses imminent danger with a firearm or fires upon a member or another person, or 2. The member has probable cause to believe an occupant is using the vehicle in a manner that poses imminent danger of death or great bodily harm to the member or to any individual and there is no reasonable avenue of escape for the intended victim. h. Members may not use deadly force to apprehend escapees or other wanted individuals based solely on the individual's original charges or convictions.

COMPLETION AND DISTRIBUTION OF TRESPASS WARNING FORMS

during a consensual encounter, a subject cannot be charged with obstructing or resisting merely for refusing to cooperate with the officer (e.g., refusing to give identifying information, refusing to accept the Trespass Warning form, walking away, or leaving the scene before the Trespass Warning is issued.) Terry stops: In all Terry stop cases, a subject who refuses to provide identifying information may be temporarily detained on scene to be photographed or fingerprinted for identification purposes. The subject's fingerprints and/or photograph should be attached to the Trespass Warning form. A detained subject who has refused to provide identification and who then refuses or resists being fingerprinted or photographed is subject to arrest under the obstruction statute, §843.02, Fla. Stat. The commercial establishment should maintain a copy of the trespass warning form for one year past the expiration date

Criminal profiling

legitimate tool in the fight against crime. Criminal profiling is an investigative method in which an officer, through observation of activities and environment, identifies suspicious behavior by individuals and develops a legal basis, consistent with the Fourth Amendment, to stop them for questioning.

EXEMPTION FROM PUBLIC RECORDS DISCLOSURE

sexual offense, or child abuse is exempt from public Any any information (including name, address, photograph, etc.) that reveals the identity of a victim of sexual battery, sexual offense, or child abuse is exempt from public records disclosure as provided in Florida Statutes, Chapter 119. These exemptions are automatic and do not require that the victim request anonymity. In addition, there are other possible public records exemptions for victims of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence or dating violence. If one of these victims files a written request for this exemption, including official verification (police report) that the applicable crime has occurred, then the exemption in §119.071(2)(j)1, Fla. Stat. (2012) will apply. For a period of five years thereafter, any information that reveals their home or employment telephone number, home or employment address, or personal assets, is exempt from public disclosure. Officers shall inform these victims of their rights and provide a copy of the Exemption from Public Records Disclosure form (available in the Quartermaster Unit). Completed forms shall be routed to the Report Review/Information Unit for entry. If the form is completed, the officer shall include a statement in the narrative of the Incident Offense Report indicating such.

UNAUTHORIZED PRESENCE

§43.29, Code of the City of Orlando, provides that it is unlawful for a person to be in an unoccupied or unfinished building or structure without the consent of the owner or agent. An immediate arrest may not be made if the property owner has not given prior authorization to OPD through a letter to the City Prosecutor's Office or if the officer is unable to make contact with the property owner to obtain such authorization.