Policy Manual Culver City, Culver City Pol Dept, 2017
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Culver City Police Department Policy Manual CHIEF'S MESSAGE The Culver City Police Department has a long and proud tradition of service to the residents, businesses and visitors of Culver City. The men and women who make up the Culver City Police Department are dedicated to their profession and hold themselves to the highest ethical standards. We have earned the trust and support of our community and city leaders. We do not take that trust and support for granted and understand that it must be earned and renewed on a daily basis. We recruit the very best and brightest available. The Culver City Police Department is richly diverse, which we believe helps to build partnerships, relationships and trust with our community in the true spirit of Community Policing. Our community outreach is a cornerstone of our success. Our efforts include neighborhood watch, citizen’s police academy, explorer program, open house, involvement with local service clubs, and our social media program. Every organization must continually evaluate the service it provides and have clear, measurable, and attainable goals. Our success is based on five goals that we call “Measures of Effectiveness.” Those measures include the rapid response to calls for service, reducing and preventing crime, solving crime, efficient and effective traffic and parking programs, and the morale of our members. The framework in which we strive to accomplish our goals is based on being proactive, professional, proud, passionate and working in partnership with the community. Proactive means that we do not wait for crime to occur; we look to prevent crime before it happens with every tool available to us. The men and women of our organization maintain a level of professionalism worthy of the trust bestowed upon us. We are a very proud organization and that pride extends to the city we serve and the members of all departments within the city. I believe that our profession is a calling, and that calling does not exist without a true passion for the oath we take. I consider myself extremely fortunate to be a member of the Culver City Police Department. I would like to thank all of the past and present members of this department whose dedication, ability and diligence has formed the reputation that our department enjoys today. I would also like to challenge future members to commit to the values and culture of this great organization. Our chosen profession can be difficult and challenging but I firmly believe that NOBODY DOES IT BETTER than the members of the Culver City Police Department. Scott Bixby, Chief of Police Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department CHIEF'S MESSAGE - 1 Culver City Police Department Policy Manual LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department LAW ENFORCEMENT CODE OF ETHICS - 2 Culver City Police Department Policy Manual MISSION, VISION, VALUES MISSION STATMENT "To enhance the City of Culver City through proactive police work, timely response, and public outreach." VISION STATEMENT "To provide members of the community with the highest level of professional service while setting the example for law enforcement." ORGANIZATIONAL VALUES Professionalism Proactivity Pride Passion Partnerships Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department MISSION, VISION, VALUES - 3 Culver City Police Department Policy Manual Table of Contents CHIEF'S MESSAGE . . . . . . . . . LAW ENFORCEMENT CODE OF ETHICS . MISSION, VISION, VALUES . . . Chapter 1 - Law Enforcement Role 100 - Law Enforcement Authority . 101 - Chief Executive Officer . . 102 - Oath of Office . . . . . 103 - Policy Manual . . . . . . . . . . . . . . . . . . . and Authority . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 2 - Organization and Administration . . 200 - Organizational Structure and Responsibility . 201 - General Order . . . . . . . . . . 202 - Emergency Management Plan . . . . . 203 - Electronic Mail . . . . . . . . . . 204 - Administrative Communications . . . . . 205 - Staffing Levels . . . . . . . . . . 206 - License to Carry a Firearm . . . . . . 207 - Retiree Concealed Firearms . . . . . . 208 - Training Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 3 - General Operations . . . . . . . . . . . . . . . . . . 300 - Use of Force . . . . . . . . . . . . . . . . . . . . . . 301 - Deadly Force Review . . . . . . . . . . . . . . . . . . . 302 - Watches, Schedules, & Rotation . . . . . . . . . . . . . . . . 303 - Leg Restraint Device . . . . . . . . . . . . . . . . . . . 304 - Control Devices and Techniques . . . . . . . . . . . . . . . 305 - TASER™ Guidelines . . . . . . . . . . . . . . . . . . . 306 - Officer-Involved Shootings and Deaths . . . . . . . . . . . . . . 307 - Firearms . . . . . . . . . . . . . . . . . . . . . . . 308 - Department Firing Range . . . . . . . . . . . . . . . . . . 309 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . . 310 - Officer Response to Calls . . . . . . . . . . . . . . . . . 311 - Canines . . . . . . . . . . . . . . . . . . . . . . . 312 - Domestic Violence . . . . . . . . . . . . . . . . . . . . 313 - Search and Seizure . . . . . . . . . . . . . . . . . . . 314 - Temporary Custody of Juveniles . . . . . . . . . . . . . . . 315 - Adult Abuse . . . . . . . . . . . . . . . . . . . . . . 316 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 317 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 318 - Missing Persons . . . . . . . . . . . . . . . . . . . . 319 - Public Alerts . . . . . . . . . . . . . . . . . . . . . . Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department 2 3 20 21 24 25 26 28 29 30 38 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 12 13 14 . . . . . . . . . . . . 46 47 54 57 61 65 70 76 86 96 98 110 113 121 128 130 140 147 152 160 167 Table of Contents - 4 Culver City Police Department Policy Manual 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 - Victim and Witness Assistance . . . . . . . . . . . . . . . . - Hate Crimes . . . . . . . . . . . . . . . . . . . . . . - Standards of Conduct . . . . . . . . . . . . . . . . . . . - Information Technology Use . . . . . . . . . . . . . . . . . - Report Preparation . . . . . . . . . . . . . . . . . . . - Media Relations . . . . . . . . . . . . . . . . . . . . - Subpoenas and Court Appearances . . . . . . . . . . . . . . - Reserve Officers . . . . . . . . . . . . . . . . . . . . - Outside Agency Assistance . . . . . . . . . . . . . . . . . - Megan's Law . . . . . . . . . . . . . . . . . . . . . - Major Incident Notification . . . . . . . . . . . . . . . . . - Death Investigation . . . . . . . . . . . . . . . . . . . - OCCUPATIONAL INJURY OR DEATH RESPONSE . . . . . . . . . - Identity Theft . . . . . . . . . . . . . . . . . . . . . - Private Persons Arrests . . . . . . . . . . . . . . . . . . - Anti-Reproductive Rights Crimes Reporting . . . . . . . . . . . . - Limited English Proficiency Services . . . . . . . . . . . . . . - Communications with Persons with Disabilities . . . . . . . . . . . - Mandatory Employer Notification . . . . . . . . . . . . . . . - Biological Samples . . . . . . . . . . . . . . . . . . . - Child and Dependent Adult Safety . . . . . . . . . . . . . . . - Service Animals . . . . . . . . . . . . . . . . . . . . - Volunteer Program . . . . . . . . . . . . . . . . . . . . - Flag Flown at Half-Staff . . . . . . . . . . . . . . . . . . - Off-Duty Law Enforcement Actions . . . . . . . . . . . . . . - Department Use of Social Media . . . . . . . . . . . . . . . - Gun Violence Restraining Orders . . . . . . . . . . . . . . . - Community Relations . . . . . . . . . . . . . . . . . . . 172 175 179 186 189 193 196 199 206 208 211 213 216 218 219 221 223 229 236 238 241 244 247 251 252 254 257 260 Chapter 4 - Patrol Operations . . . . . . . . . . . . . . . . . . 400 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 401 - Patrol Equipment . . . . . . . . . . . . . . . . . . . . 402 - Racial- or Bias-Based Profiling . . . . . . . . . . . . . . . . 403 - Briefing Training . . . . . . . . . . . . . . . . . . . . 404 - Front Desk Officer/Community Service Officer . . . . . . . . . . . 405 - Crime and Disaster Scene Integrity . . . . . . . . . . . . . . 406 - Mutual Aid & Tactical Mobilization . . . . . . . . . . . . . . . 407 - Ride-Along Policy . . . . . . . . . . . . . . . . . . . . 408 - Hazardous Material Response . . . . . . . . . . . . . . . . 409 - Hostage and Barricade Incidents . . . . . . . . . . . . . . . 410 - Response to Bomb Calls . . . . . . . . . . . . . . . . . . 411 - Mental Illness Commitments . . . . . . . . . . . . . . . . 412 - Cite and Release Policy . . . . . . . . . . . . . . . . . . 413 - Foreign Diplomatic and Consular Representatives . . . . . . . . . . 414 - Rapid Response and Deployment . . . . . . . . . . . . . . . 415 - Immigration Violations . . . . . . . . . . . . . . . . . . 416 - Emergency Utility Service . . . . . . . . . . . . . . . . . 264 265 268 270 272 273 275 277 284 287 289 294 299 305 310 314 317 322 Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Table of Contents - 5 Culver City Police Department Policy Manual 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 - Rifle . . . . . . . . . . . . . . . . . . . . . . . . - Shotgun . . . . . . . . . . . . . . . . . . . . . . . - Field Training Officer Program . . . . . . . . . . . . . . . . - Obtaining Air Support . . . . . . . . . . . . . . . . . . . - Detentions And Photographing Detainees . . . . . . . . . . . . - Criminal Organizations . . . . . . . . . . . . . . . . . . - Watch Commanders . . . . . . . . . . . . . . . . . . . - Mobile Digital Computer Use . . . . . . . . . . . . . . . . - Portable Audio/Video Recorders . . . . . . . . . . . . . . . - Medical Marijuana . . . . . . . . . . . . . . . . . . . . - Bicycle Patrol Unit . . . . . . . . . . . . . . . . . . . . - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . - Automated License Plate Readers (ALPRs) . . . . . . . . . . . . - Homeless Persons . . . . . . . . . . . . . . . . . . . . - Public Recording of Law Enforcement Activity . . . . . . . . . . . - Crisis Intervention Incidents . . . . . . . . . . . . . . . . . - First Amendment Assemblies . . . . . . . . . . . . . . . . - Civil Disputes . . . . . . . . . . . . . . . . . . . . . - Suspicious Activity Reporting . . . . . . . . . . . . . . . . - Medical Aid and Response . . . . . . . . . . . . . . . . . - Mobile Audio/Video . . . . . . . . . . . . . . . . . . . - Aircraft Accidents . . . . . . . . . . . . . . . . . . . . 323 326 328 331 332 336 340 341 344 347 352 355 360 363 366 369 374 380 382 384 389 397 Chapter 5 - Traffic Operations . . . . . . . . . . . . . . . . . . 500 - Traffic Function and Responsibility . . . . . . . . . . . . . . 501 - Traffic Collision Reporting . . . . . . . . . . . . . . . . . 502 - Vehicle Towing and Release . . . . . . . . . . . . . . . . 503 - Vehicle Impound Hearings . . . . . . . . . . . . . . . . . 504 - Impaired Driving . . . . . . . . . . . . . . . . . . . . 505 - Traffic Citations . . . . . . . . . . . . . . . . . . . . . 506 - Disabled Vehicles . . . . . . . . . . . . . . . . . . . . 507 - 72-Hour Parking Violations . . . . . . . . . . . . . . . . . 508 - Disabled Vehicles . . . . . . . . . . . . . . . . . . . . 401 402 405 410 414 416 422 425 426 428 Chapter 6 - Investigation Operations . . . . . . . . . . . . . . . . 600 - Investigation and Prosecution . . . . . . . . . . . . . . . . 601 - LEAD DETECTIVE . . . . . . . . . . . . . . . . . . . 602 - Sexual Assault Investigations . . . . . . . . . . . . . . . . 603 - Asset Forfeiture . . . . . . . . . . . . . . . . . . . . 604 - Informants . . . . . . . . . . . . . . . . . . . . . . 605 - Terrorist Activity . . . . . . . . . . . . . . . . . . . . 606 - Eyewitness Identification . . . . . . . . . . . . . . . . . . 607 - Brady Material Disclosure . . . . . . . . . . . . . . . . . 608 - Warrant Service . . . . . . . . . . . . . . . . . . . . 429 430 437 438 444 451 456 457 461 463 Chapter 7 - Equipment . . . . . . . . . . . . . . . . . . . . 700 - Department Owned and Personal Property . . . . . . . . . . . . 465 466 Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Table of Contents - 6 Culver City Police Department Policy Manual 701 - Personal Communication Devices . . . . . . . . . . . . . . . 702 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . 703 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . 468 470 472 Chapter 8 - Support Services . . . . . . . . . . . . . . . . . . 800 - Crime Analysis . . . . . . . . . . . . . . . . . . . . . 802 - Communications Center Operations . . . . . . . . . . . . . . 802 - Telecommunications Evidence . . . . . . . . . . . . . . . . 803 - Property and Evidence . . . . . . . . . . . . . . . . . . 804 - Records Section . . . . . . . . . . . . . . . . . . . . 805 - Records Maintenance and Release . . . . . . . . . . . . . . 806 - Protected Information . . . . . . . . . . . . . . . . . . . 807 - Animal Control . . . . . . . . . . . . . . . . . . . . . 808 - Additional Support Units and Personnel . . . . . . . . . . . . . 477 478 480 499 502 510 512 519 524 528 Chapter 9 - Custody . . . . . . . . . . . . . . . . . . . . . 900 - Jail-Type One Facility . . . . . . . . . . . . . . . . . . . 901 - Custodial Searches . . . . . . . . . . . . . . . . . . . 902 - Prison Rape Elimination . . . . . . . . . . . . . . . . . . 529 530 531 537 Chapter 10 - Personnel . . . . . . . . . . . . . . . . . . . . 1000 - Recruitment and Selection . . . . . . . . . . . . . . . . . 1001 - Evaluation of Employees . . . . . . . . . . . . . . . . . 1002 - Grievance Procedure . . . . . . . . . . . . . . . . . . 1003 - Reporting of Employee Convictions . . . . . . . . . . . . . . 1004 - Drug- and Alcohol-Free Workplace . . . . . . . . . . . . . . 1005 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . 1006 - Communicable Diseases . . . . . . . . . . . . . . . . . 1007 - Smoking and Tobacco Use . . . . . . . . . . . . . . . . 1008 - Personnel Complaints . . . . . . . . . . . . . . . . . . 1009 - Seat Belts . . . . . . . . . . . . . . . . . . . . . . 1010 - Body Armor . . . . . . . . . . . . . . . . . . . . . 1011 - Personnel Files . . . . . . . . . . . . . . . . . . . . 1012 - Request for Change of Assignment . . . . . . . . . . . . . . 1013 - Commendations and Awards . . . . . . . . . . . . . . . . 1014 - Fitness for Duty . . . . . . . . . . . . . . . . . . . . 1015 - Meal Periods and Breaks . . . . . . . . . . . . . . . . . 1016 - Lactation Break Policy . . . . . . . . . . . . . . . . . . 1017 - Time Card Procedures . . . . . . . . . . . . . . . . . . 1018 - Overtime Compensation Requests . . . . . . . . . . . . . . 1019 - Outside Employment . . . . . . . . . . . . . . . . . . 1020 - Occupational Disease and Work-Related Injury Reporting . . . . . . . 1021 - Uniform Regulations . . . . . . . . . . . . . . . . . . . 1022 - Nepotism and Conflicting Relationships . . . . . . . . . . . . . 1023 - Department Badges . . . . . . . . . . . . . . . . . . . 1024 - Seniority . . . . . . . . . . . . . . . . . . . . . . 1025 - Modified Duty Assignments . . . . . . . . . . . . . . . . 547 548 553 557 559 561 564 566 571 572 581 583 585 591 592 594 597 598 600 601 607 612 615 632 635 637 638 Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Table of Contents - 7 Culver City Police Department Policy Manual 1026 1027 1028 1029 - Employee Speech, Expression and Social Networking . . . . . . . . - Personal Appearance Standards . . . . . . . . . . . . . . . - Anti-Retaliation . . . . . . . . . . . . . . . . . . . . - Line-of-Duty Deaths . . . . . . . . . . . . . . . . . . . Attachments . . . . . . . . Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department . . . . . . . . . . . . . . 642 647 650 654 . Table of Contents - 8 Culver City Police Department Policy Manual Chapter 1 - Law Enforcement Role and Authority Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Law Enforcement Role and Authority - 9 Policy Culver City Police Department 100 Policy Manual Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Culver City Police Department to perform their functions based on established legal authority. 100.2 PEACE OFFICER POWERS Sworn members of this department are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.1 et seq.). 100.2.1 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE CULVER CITY POLICE DEPARTMENT On-duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed with the City or while assisting another agency. On-duty officers who discover criminal activity outside the jurisdiction of the City should, when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest. When an officer makes an out-of-county arrest pursuant to a warrant, the officer shall inform the arrestee of the right to be taken before a magistrate in that county (Penal Code § 821; Penal Code § 822). 100.2.2 ARREST AUTHORITY WITHIN THE JURISDICTION OF THE CULVER CITY POLICE DEPARTMENT The arrest authority within the State of California is as follows (Penal Code § 830.1): (a) As to any public offense committed or which there is probable cause to believe has been committed within the jurisdiction of the Culver City Police Department. (b) Where the peace officer has the consent of the Chief of Police. (c) As to any public offense committed or which there is probable cause to believe has been committed in the officer’s presence and there is immediate danger to a person or property, or of the escape of the perpetrator of the offense. (d) Arrest pursuant to a warrant. 1. For out-of-county warrants, the arresting officer shall inform the arrestee, in writing without delay, of the right to be taken before a magistrate in this county (Penal Code § 821; Penal Code § 822): 100.3 POLICY It is the policy of the Culver City Police Department to limit its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate the abuse of law enforcement authority. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Law Enforcement Authority - 10 Culver City Police Department Policy Manual Law Enforcement Authority 100.4 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended to other states: (a) As applicable under interstate compacts, memorandums of understanding or mutual aid agreements in compliance with the laws of each state. (b) When an officer enters an adjoining state in close or fresh pursuit of a person believed to have committed a felony (ARS § 13-3832; NRS 171.158; ORS 133.430). The person arrested out of state must be taken without unnecessary delay before a magistrate of the county in which the arrest was made (ARS § 13-3833; NRS 171.158; ORS 133.440). Peace officers of another state who enter the State of California in fresh pursuit to arrest a person who has committed a felony in the other state have the same authority to arrest and hold in custody such person as peace officers of this state have to arrest and hold a person in custody (Penal Code § 852.2). 100.5 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Law Enforcement Authority - 11 Policy Culver City Police Department 101 Policy Manual Chief Executive Officer 101.1 PURPOSE AND SCOPE The California Commission on Peace Officer Standards and Training (POST) has mandated that all sworn officers and dispatchers employed within the State of California shall receive certification by POST within prescribed time periods. 101.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS Any chief executive officer of this department appointed after January 1, 1999, shall, as a condition of continued employment, complete the course of training prescribed by POST and obtain the Basic Certificate by POST within two years of appointment (Penal Code § 832.4). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Chief Executive Officer - 12 Policy Culver City Police Department 102 Policy Manual Oath of Office 102.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to department members. 102.2 POLICY It is the policy of the Culver City Police Department that, when appropriate, department members affirm the oath of their office as an expression of commitment to the constitutional rights of those served by the Department and the dedication of its members to their duties. 102.3 OATH OF OFFICE All department members, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their positions. All sworn members shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer (Cal. Const. Art. 20, § 3; Government Code § 3102). The oath shall be as follows: “I, (employee name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.” 102.4 MAINTENANCE OF RECORDS The oath of office shall be filed as prescribed by law (Government Code § 3105). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Oath of Office - 13 Policy Culver City Police Department 103 Policy Manual Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Culver City Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 103.1.1 DISCLAIMER The provisions contained in this Policy Manual are not intended to create an employment contract, nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Culver City Police Department Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or employees. Violations of any provision of any policy contained within this manual shall only form the basis for departmental administrative action, training or discipline. The Culver City Police Department Department reserves the right to revise any policy content, in whole or in part. 103.1.2 BLANK SUBSECTION TITLE - NEED CHANGES FROM THE USER 103.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident. 103.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Culver City Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Culver City Police Department reserves the right to revise any policy content, in whole or in part. 103.2.2 POLICY MANUAL STAFF The Policy Manual Staff shall consist of the following: • The Chief of Police Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Policy Manual - 14 Culver City Police Department Policy Manual Policy Manual • The Assistant Chief of Police • The Captains (Bureau Commanders) of the Traffic and Operations Bureaus The staff shall review all recommendations regarding proposed changes to the manual at staff meetings. 103.2.3 OTHER PERSONNEL SUGGESTING CHANGES TO THE POLICY MANUAL All Department employees suggesting revision of the contents of the Policy Manual shall forward their suggestion, in interoffice memorandum format, to their Bureau Commander via chain of command. The Bureau Commander will consider the recommendation and forward it to staff. 103.3 AUTHORITY The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue General Orders, which shall modify those provisions of the manual to which they pertain. General Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 103.3.1 ACCEPTABLE ABBREVIATIONS The following abbreviations are acceptable substitutions in the manual: • General Orders may be abbreviated as "GO" • Policy Manual sections may be abbreviated as "Section 106.X" or "§ 106.X" 103.3.2 DEFINITIONS The following words and terms shall have these assigned meanings, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. CHP - The California Highway Patrol. CFR - Code of Federal Regulations. City - The City of Culver City. Department /CCPD - The Culver City Police Department. DMV - The Department of Motor Vehicles. Employee/Personnel - Any person employed by the Department. Juvenile - Any person under the age of 18 years. Manual - The Culver City Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person who is employed or appointed by the Culver City Police Department including sworn officers, reserve officers, civilian employees and volunteers. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Policy Manual - 15 Culver City Police Department Policy Manual Policy Manual Civilian - Employees and volunteers who are not sworn peace officers. Officer/Sworn - Those employees, regardless of rank, who are sworn employees of the Culver City Police Department. On-Duty - Employee status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. POST - The California Commission on Peace Officer Standards and Training. Rank - The job classification title held by an officer. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. USC - United States Code 103.3.3 DISTRIBUTION OF MANUAL Copies of the Policy Manual should be distributed to the following: • Chief of Police • Assistant Chief of Police • Operations and Traffic Captains • Personnel and Training Lieutenant • Records Lieutenant • Investigations Bureau • Watch Commander's Office • Officer's Report Writing Room A computerized version of the Policy Manual will be made available on the Department network for access by all employees. The computerized version will be limited to viewing and printing of specific sections. No changes shall be made to the electronic version without authorization from Staff. This manual contains confidential information and in its entirety is not a public document subject to release under the California Public Records Act. The contents of this manual may not be released to any non police-department employee without the express consent of the Chief of Police or his designee. Any unauthorized release is a violation of department policy. 103.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Policy Manual - 16 Culver City Police Department Policy Manual Policy Manual Adult - Any person 18 years of age or older. CCR - California Code of Regulations (Example: 15 CCR 1151). CHP- The California Highway Patrol. CFR - Code of Federal Regulations. City - The City of Culver City. Civilian - Employees and volunteers who are not sworn peace officers. Department/CCPD - The Culver City Police Department. DMV - The Department of Motor Vehicles. Employee - Any person employed by the Department. Juvenile- Any person under the age of 18 years. Manual - The Culver City Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Culver City Police Department, including: • Full- and part-time employees • Sworn peace officers • Reserve, auxiliary officers • Civilian employees • Volunteers. Officer - Those employees, regardless of rank, who are sworn peace officers of the Culver City Police Department. On-duty - A member’s status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. POST - The California Commission on Peace Officer Standards and Training. Rank - The title of the classification held by an officer. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Policy Manual - 17 Culver City Police Department Policy Manual Policy Manual supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. The term "supervisor" may also include any person (e.g., officer-in-charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank or compensation. When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member’s off-duty supervisor or an on-call supervisor. USC - United States Code. 103.4.1 REVISIONS TO POLICIES All employees are responsible for keeping abreast of all Policy Manual revisions. All changes to the Policy Manual will be posted on the Department network for access by all employees. The Administrative Lieutenant is responsible for forwarding revisions to the Policy Manual as needed to all personnel via electronic mail. Each employee shall acknowledge receipt by return email, review the revisions and seek clarification as needed. Each bureau commander will ensure that employees under his/her command are aware of any Policy Manual revisions. 103.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and General Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 103.6 PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary. 103.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Bureau Commander will ensure that members under his/her command are aware of any Policy Manual revision. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Policy Manual - 18 Culver City Police Department Policy Manual Policy Manual All department members suggesting revision of the contents of the Policy Manual should forward their written suggestions to their Bureau Commanders, who will consider the recommendations and forward them to the command staff as appropriate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Policy Manual - 19 Culver City Police Department Policy Manual Chapter 2 - Organization and Administration Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Organization and Administration - 20 Policy Culver City Police Department 200 Policy Manual Organizational Structure and Responsibility 200.1 PURPOSE AND SCOPE The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public. 200.2 BUREAUS The Chief of Police is responsible for administering and managing the Culver City Police Department. There are three bureaus in the Police Department as follows: • Administration/Investigations Bureau • Operations Bureau • Traffic Bureau In addition to the three bureaus, the Adminstrative Lieutenant is also assigned to the Office of the Chief of Police 200.2.1 ADMINISTRATION AND INVESTIGATIONS BUREAU The Administration and Investigations Bureau is commanded by the Assistant Chief whose primary responsibility is to provide general management direction and control for the bureau. The Administration and Investigations Bureau consists of: • Professional Standards Unit Lieutenant o Computer Services Unit • The Budget and Grants Section • Personnel and Training (Backgrounds, Recruitment, Training, Policy and Procedures) • o Facilities Manager o Custodians Investigations o Adult Criminal Investigations o Special Victims Unit/Juvenile Criminal Investigations/School Resource Officer/Police Explorers o Crime Impact Team o Task Force Officers Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Organizational Structure and Responsibility 21 Culver City Police Department Policy Manual Organizational Structure and Responsibility • Community Service Officers 200.2.2 OPERATIONS BUREAU The Operations Bureau is commanded by a Captain whose primary responsibility is to provide general management direction and control for that bureau. The Operations bureau consists of: • Uniformed Patrol • Jail Operations • Community Service Officers 200.2.3 TRAFFIC BUREAU The Traffic Bureau is commanded by a Captain whose primary responsibility is to provide general management direction and control for that Bureau. The Traffic Bureau consists of: • • Traffic o Motors o Commercial Enforcement o Accident Investigation o Vehicle Impounds o Parking Enforcement o Animal Services o Community Service Officers Communications (Dispatch) o Permits • Automated Enforcement Section • Crime Prevention and Media Relations o Reserve Police Officers Program • Community Service Officers • The Litigation Liason & Documents Section (Records) • Forensics and Evidence/Property 200.3 COMMAND PROTOCOL 200.3.1 SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department. During absences, the Assistant Chief will serve as the acting Chief of Police. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Organizational Structure and Responsibility 22 Culver City Police Department Policy Manual Organizational Structure and Responsibility Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police or Assistant Chief of Police is as follows: (a) Designated Bureau Commander (Captain) (b) The on duty Watch Commander (Lieutenant) (c) Lieutenant by seniority in rank 200.3.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., K-9), any supervisor may temporarily direct any subordinate if an operational necessity exists. 200.3.3 ORDERS Members shall respond to and make a good faith and reasonable effort to comply with the lawful order of superior officers and other proper authority. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Organizational Structure and Responsibility 23 Policy Culver City Police Department 201 Policy Manual General Order 201.1 PURPOSE AND SCOPE General Orders establish an interdepartmental communication that may be used by the Chief of Police to make immediate changes topolicy and procedure consistent with the current Memorandum(s) of Understanding and as permitted by Government Code § 3500 et seq. General Orders will immediately modify or change and supersede sections of this manual to which they pertain. 201.1.1 GENERAL ORDER PROTOCOL General Orders will be incorporated into the manual as required upon approval of Staff. General Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing General Orders have now been incorporated in the updated Policy Manual as of the below revision date. Any General Orders issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number "01" For example, 11-01 signifies the first General Order for the year 2011. 201.2 RESPONSIBILITIES 201.2.1 STAFF The Staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by a General Order. 201.2.2 CHIEF OF POLICE The Chief of Police shall issue all General Orders and approve all revisions to the Policy manual. 201.2.3 GENERAL ORDERS, REVISIONS TO THE POLICY MANUAL, AND TRAINING BULLETIN DISTRIBUTION The Personnel and Training Section will distribute and post revisions to the Policy Manual, General Orders, and Training Bulletins as needed to all departmental personnel. These items will be distributed via electronic mail and may also be posted throughout the station. They will also be available for viewing on Department networks. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department General Order - 24 Policy Culver City Police Department 202 Policy Manual Emergency Management Plan 202.1 PURPOSE AND SCOPE The City has prepared an Emergency Management Plan for use by all employees in the event of a major disaster or other emergency event. The plan provides for a strategic response by all employees and assigns specific responsibilities in the event that the plan is activated (Government Code § 8610). 202.2 ACTIVATING THE EMERGENCY PLAN The Emergency Management Plan can be activated on the order of the official designated by local ordinance. 202.2.1 RECALL OF PERSONNEL In the event that the Emergency Management Plan is activated, all employees of the Culver City Police Department are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized designee. Failure to promptly respond to an order to report for duty may result in discipline. 202.3 LOCATION OF THE PLAN The manual for the employees is available in the Watch Commander's office. All supervisors should familiarize themselves with the Emergency Management Plan and what roles police personnel will play when the plan is implemented. 202.4 UPDATING OF MANUALS The Chief of Police or designee shall review the Emergency Management Plan Manual at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) and should appropriately address any needed revisions. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Emergency Management Plan - 25 Policy Culver City Police Department 203 Policy Manual Electronic Mail 203.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper use and application of the Department’s electronic mail (email) system by employees of this department. Email is a communication tool available to employees to enhance efficiency in the performance of job duties and is to be used in accordance with generally accepted business practices and current law (e.g., California Public Records Act). Messages transmitted over the email system must only be those that involve official business activities or contain information essential to employees for the accomplishment of business-related tasks and/or communication directly related to the business, administration, or practices of the Department. 203.2 EMAIL RIGHT OF PRIVACY All email messages, including any attachments, that are transmitted over department networks are considered department records and therefore are department property. The Department reserves the right to access, audit or disclose, for any lawful reason, any message including any attachment that is transmitted over its email system or that is stored on any department system. The email system is not a confidential system since all communications transmitted on, to or from the system are the property of the Department. Therefore, the email system is not appropriate for confidential communications. If a communication must be private, an alternative method to communicate the message should be used instead of email. Employees using the Department’s email system shall have no expectation of privacy concerning communications utilizing the system. Employees should not use personal accounts to exchange email or other information that is related to the official business of the Department. 203.3 PROHIBITED USE OF EMAIL Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive and harassing or any other inappropriate messages on the email system is prohibited and may result in discipline. Email messages addressed to the entire department are only to be used for official business related items that are of particular interest to all users and must be approved by a supervisor. Personal advertisements are not acceptable. It is a violation of this policy to transmit a message under another user’s name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure would minimize the misuse of an individual’s email, name and/or password by others. 203.4 MANAGEMENT OF E-MAIL Because the e-mail system is not designed for long-term retention of messages, e-mail that the employee desires to save or that becomes part of an official record should be printed and/or stored in another database. All Department employees are solely responsible for the management of Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Electronic Mail - 26 Culver City Police Department Policy Manual Electronic Mail their mailboxes and are required to check their e-mail at least once per work shift. All employees covered by the Fair Labor Standards Act (FLSA) should not access city email while off duty. Such access is not compensable and is not authorized. Messages should be routinely purged manually by the user. Messages in excess of one month may be automatically purged from the server computer. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Electronic Mail - 27 Policy Culver City Police Department 204 Policy Manual Administrative Communications 204.1 PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies. 204.2 DEPARTMENT E-MAIL Department E-mail or interdepartmental memorandums may be issued periodically by the Chief of Police or his designee to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status. 204.3 CORRESPONDENCE In order to ensure that the letterhead and name of the Department are not misused, all external correspondence shall be on Department letterhead. All Department letterhead shall bear the signature element of the Chief of Police. Personnel should use Department letterhead only for official business and with approval of their supervisor. 204.4 SURVEYS All surveys made in the name of the Department shall be authorized by the Chief of Police or a Bureau Commander. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Administrative Communications - 28 Policy Culver City Police Department 205 Policy Manual Staffing Levels 205.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that proper supervision is available for all shifts. The Department intends to balance the employee's needs against the need to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is the need to meet operational requirements of the Department. 205.2 MINIMUM STAFFING LEVELS Minimum staffing levels should result in the scheduling of at least two regular supervisors on duty whenever possible. Watch Commanders should ensure that at least one field supervisor is deployed during each watch, in addition to the Watch Commander. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Staffing Levels - 29 Policy Culver City Police Department 206 Policy Manual License to Carry a Firearm 206.1 PURPOSE AND SCOPE The Chief of Police is given the statutory discretion to issue a license to carry a firearm to residents within the community (Penal Code § 26150; Penal Code § 26155). This policy will provide a written process for the application and issuance of such licenses. Pursuant to Penal Code § 26160, this policy shall be made accessible to the public. 206.1.1 APPLICATION OF POLICY Nothing in this policy shall preclude the Chief or other head of a municipal police department from entering into an agreement with the Sheriff of the county or preclude the Sheriff of the county from entering into an agreement with the Chief of any municipal police department to process all applications and license renewals for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155). 206.2 POLICY It is currently the policy of the Culver City Police Department to refer all CCW applicants to the Sheriff of Los Angeles County for processing and consideration. 206.3 QUALIFIED APPLICANTS In order to qualify for a license to carry a firearm, the applicant must meet certain requirements, including: (a) Be a resident of the City of Culver City (Penal Code § 26150; Penal Code § 26155). (b) Be at least 21 years of age (Penal Code § 29610). (c) Fully complete an application that will include substantial personal information. Much of the information in the application may be subject to public access under the Public Records Act. (d) Be free from criminal convictions that would disqualify the applicant from carrying a firearm. Fingerprints will be required and a complete criminal background check will be conducted. (e) Be of good moral character (Penal Code § 26150; Penal Code § 26155). The applicant should provide at least three letters of character reference. (f) Show good cause for the issuance of the license (Penal Code § 26150; Penal Code § 26155). (g) Pay all associated application fees. These fees are set by statute and may not be refunded if the application is denied. (h) Provide proof of ownership or registration of any firearm to be licensed. (i) Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190). (j) Complete required training (Penal Code § 26165). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department License to Carry a Firearm - 30 Culver City Police Department Policy Manual License to Carry a Firearm 206.4 APPLICATION PROCESS The application process for a license to carry a firearm shall consist of two phases. Upon the successful completion of each phase, the applicant will advance to the next phase until the process is completed and the license is either issued or denied. 206.4.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS) (a) (b) (c) Any individual applying for a license to carry a firearm shall first fully complete a California Department of Justice (DOJ) application to be signed under penalty of perjury. Any applicant who provides false information or statements on the application will be removed from further consideration and may be prosecuted for a criminal offense (Penal Code § 26180). 1. In the event of any discrepancies in the application or background investigation, the applicant may be required to undergo a polygraph examination, at no cost to the applicant. 2. If an incomplete application package is received, the Chief of Police or authorized designee may do any of the following: (a) Require the applicant to complete the package before any further processing. (b) Advance the incomplete package to phase two for conditional processing pending completion of all mandatory conditions. (c) Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a license to carry a firearm even if the package was completed (e.g., not a resident, disqualifying criminal conviction, absence of good cause). At the time the completed application is submitted, the applicant shall submit a check made payable to the California Department of Justice for the required California DOJ application fee, along with a separate check made payable to the City of Culver City for a nonrefundable 20 percent of the application fee to cover the cost of processing the application (Penal Code § 26190). (a) Additional fees may be required for fingerprinting, training or psychological testing, in addition to the application fee. (b) Full payment of the remainder of the application fee will be required upon issuance of a license. (c) Payment of related fees may be waived if the applicant is a duly appointed reserve peace officer as defined in Penal Code § 830.6 (a) or (b) (Penal Code § 26170). The applicant shall be required to submit to fingerprinting and a complete criminal background check by the California DOJ. A second set of fingerprints may be required for retention in department files. Two recent passport-size photos (2 inches by 2 inches) of the applicant shall be submitted for department use. No person determined to fall within Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department License to Carry a Firearm - 31 Culver City Police Department Policy Manual License to Carry a Firearm a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 will be issued a license to carry a firearm. A license shall not be issued if the California DOJ determines that the applicant is prohibited by state or federal law from possessing, receiving, owning or purchasing a firearm (Penal Code § 26195). (d) The applicant should submit at least three signed letters of character reference from individuals other than relatives. (e) The applicant shall submit proof of ownership or registration of each firearm to be licensed. Once the Chief of Police or authorized designee has reviewed the completed application package and relevant background information, the application will either be advanced to phase two or denied. In the event that an application is denied at the conclusion of, or during, phase one, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205). 206.4.2 PHASE TWO This phase is to be completed only by those applicants successfully completing phase one. (a) (b) Upon successful completion of phase one, the applicant shall be scheduled for a personal interview with the Chief of Police or authorized designee. During this stage, there will be further discussion of the applicant’s statement of good cause and any potential restrictions or conditions that might be placed on the license. 1. The determination of good cause should consider the totality of circumstances in each individual case. 2. Any denial for lack of good cause should be rational, articulable and not arbitrary in nature. 3. The Department will provide written notice to the applicant as to the determination of good cause (Penal Code § 26202). The Chief of Police may, based upon criteria established by the Chief of Police, require that the applicant be referred to an authorized psychologist used by the Department for psychological testing. The cost of such psychological testing (not to exceed $150) shall be paid by the applicant. The purpose of any such psychological testing is intended only to identify any outward indications or history of psychological problems that might render the applicant unfit to carry a firearm. This testing is not intended to certify in any other respect that the applicant is psychologically fit. If it is determined that the applicant is not a suitable candidate for carrying a firearm, the applicant shall be removed from further consideration (Penal Code § 26190). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department License to Carry a Firearm - 32 Culver City Police Department Policy Manual License to Carry a Firearm (c) The applicant shall complete a course of training approved by the agency, which complies with Penal Code § 26165. The applicant will not be required to complete and pay for any training courses prior to any determination of good cause (Penal Code § 26165; Penal Code § 26202). (d) The applicant shall submit any firearm to be considered for a license to the Rangemaster or other departmentally authorized gunsmith, at no cost to the applicant, for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer’s specifications or that is unsafe (Penal Code § 31910). (e) The applicant shall successfully complete a firearms safety and proficiency examination with the firearm to be licensed, to be administered by the department Rangemaster, or provide proof of successful completion of another departmentally approved firearms safety and proficiency examination, including completion of all releases and other forms. The cost of any outside inspection/examination shall be the responsibility of the applicant. Once the Chief of Police or authorized designee has verified the successful completion of phase two, the license to carry a firearm will either be granted or denied. Whether an application is approved or denied at the conclusion of or during phase two, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205). 206.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM The authority to issue a limited business license to carry a concealed firearm to a non-resident applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a municipal police department may not issue limited licenses (Penal Code § 26150). Therefore, such applicants may be referred to the Sheriff for processing. An individual who is not a resident of the county but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to approval by the Sheriff and subject to the following: (a) The applicant physically spends a substantial period of working hours in the applicant’s principal place of employment or business within the City of Culver City (Penal Code § 26150). (b) Such a license will be valid for a period not to exceed 90 days from the date of issuance (Penal Code § 26220). (c) The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department License to Carry a Firearm - 33 Culver City Police Department Policy Manual License to Carry a Firearm (d) Any application for renewal or reissuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). 206.6 ISSUED FIREARMS PERMITS In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply: (a) (b) (c) The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner and circumstances under which the person may carry the firearm. 1. All such restrictions or conditions shall be conspicuously noted on any license issued (Penal Code § 26200). 2. The licensee will be required to sign a Restrictions and Conditions Agreement. Any violation of any of the restrictions and conditions may result in the immediate revocation of the license. The license shall be laminated, bearing a photograph of the licensee with the expiration date, type of firearm, restrictions and other pertinent information clearly visible. 1. Each license shall be numbered and clearly identify the licensee. 2. All licenses shall be subjected to inspection by the Chief of Police or any law enforcement officer. The license will be valid for a period not to exceed two years from the date of issuance (Penal Code § 26220). 1. A license issued to a state or federal magistrate, commissioner or judge will be valid for a period not to exceed three years. 2. A license issued to any reserve peace officer as defined in Penal Code § 830.6(a) or (b), or a custodial officer employed by the Sheriff as provided in Penal Code § 831.5 will be valid for a period not to exceed four years, except that such license shall be invalid upon the individual’s conclusion of service as a reserve officer. (d) If the licensee’s place of residence was the basis for issuance of a license and the licensee moves out of the county of issuance, the license shall expire 90 days after the licensee has moved (Penal Code § 26210). (e) The licensee shall notify this department in writing within 10 days of any change of place of residency. 206.6.1 LICENSE RESTRICTIONS (a) The Chief of Police may place special restrictions limiting time, place, manner and circumstances under which any license shall be valid. In general, these restrictions will prohibit the licensee from: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department License to Carry a Firearm - 34 Culver City Police Department Policy Manual License to Carry a Firearm 1. Consuming any alcoholic beverage while armed. 2. Falsely representing him/herself as a peace officer. 3. Unjustified or unreasonable displaying of a firearm. 4. Committing any crime. 5. Being under the influence of any medication or drug while armed. 6. Interfering with any law enforcement officer’s duties. 7. Refusing to display his/her license or firearm for inspection upon demand of any peace officer. 8. Loading the permitted firearm with illegal ammunition. (b) The Chief of Police reserves the right to inspect any license or licensed firearm at any time. (c) The alteration of any previously approved firearm including, but not limited to adjusting the trigger pull, adding laser sights or modifications shall void any license and serve as grounds for revocation. 206.6.2 AMENDMENTS TO LICENSES Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with the current processing fee to the Department in order to (Penal Code § 26215): (a) Add or delete authority to carry a firearm listed on the license. (b) Change restrictions or conditions previously placed on the license. (c) Change the address or other personal information of the licensee (Penal Code § 26210). In the event that any amendment to a valid license is approved by the Chief of Police, a new license will be issued reflecting the amendment. An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license. 206.6.3 REVOCATION OF LICENSES Any license issued pursuant to this policy may be immediately revoked by the Chief of Police for any of the following reasons: (a) The licensee has violated any of the restrictions or conditions placed upon the license. (b) The licensee becomes psychologically unsuitable to carry a firearm. (c) The licensee is determined to be within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, Welfare and Institutions Code § 8103 or any state or federal law. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department License to Carry a Firearm - 35 Culver City Police Department Policy Manual License to Carry a Firearm (d) The licensee engages in any conduct which involves a lack of good moral character or that might otherwise remove the good cause for the original issuance of the license. (e) If the license is one to carry “loaded and exposed,” the license shall be revoked immediately upon a change of the licensee’s place of residence to another county (Penal Code § 26210). The issuance of a license by the Chief of Police shall not entitle the holder to either a property or liberty interest as the issuance, amendment or revocation of such license remains exclusively within the discretion of the Chief of Police as set forth herein. If any license is revoked, the Department will immediately notify the licensee in writing and the California DOJ (Penal Code § 26225). 206.6.4 LICENSE RENEWAL No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee may apply to the Chief of Police for a renewal by: (a) Verifying all information submitted in the original application under penalty of perjury. (b) Completing a department-approved training course pursuant to Penal Code § 26165. The applicant shall not be required to pay for a training course prior to the determination of good cause (Penal Code § 26165). (c) Submitting any firearm to be considered for a license renewal to the Rangemaster for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer’s specifications or that is unsafe (Penal Code § 31910). (d) Paying a non-refundable renewal application fee. Once the Chief of Police or authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a firearm will either be granted or denied. Prior issuance of a license shall not entitle any licensee to any property or liberty right to renewal. Whether an application for renewal is approved or denied, the applicant shall be notified in writing within 90 days of the renewal application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later (Penal Code § 26205). 206.7 DEPARTMENT REPORTING AND RECORDS Pursuant to Penal Code § 26225, the Chief of Police shall maintain a record of the following and immediately provide copies of each to the California DOJ: (a) The denial of a license (b) The denial of an amendment to a license (c) The issuance of a license (d) The amendment of a license (e) The revocation of a license Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department License to Carry a Firearm - 36 Culver City Police Department Policy Manual License to Carry a Firearm The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges. 206.8 CONFIDENTIAL RECORDS The home address and telephone numbers of any peace officer, public defender, prosecutor, magistrate, commissioner or judge contained in an application or license shall not be considered public record (Government Code § 6254(u)(2)). Any information in an application or license which tends to indicate when or where the applicant is vulnerable to attack or that concerns the applicant’s medical or psychological history or that of his/her family shall not be considered public record (Government Code § 6254(u)(1)). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department License to Carry a Firearm - 37 Policy Culver City Police Department 207 Policy Manual Retiree Concealed Firearms 207.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Culver City Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455). 207.2 POLICY It is the policy of the Culver City Police Department to provide identification cards to qualified former or retired officers as provided in this policy. 207.3 LEOSA The Chief of Police may issue an identification card for LEOSA purposes to any qualified former officer of this department who (18 USC § 926C(c)): (a) Separated from service in good standing from this department as an officer. (b) Before such separation, had regular employment as a law enforcement officer for an aggregate of 10 years or more or, if employed as a law enforcement officer for less than 10 years, separated from service after completing any applicable probationary period due to a service-connected disability as determined by this department. (c) Has not been disqualified for reasons related to mental health. (d) Has not entered into an agreement with this department where the officer acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health. (e) Is not prohibited by federal law from receiving or possessing a firearm. 207.3.1 LEOSA IDENTIFICATION CARD FORMAT The LEOSA identification card should contain a photograph of the former officer and identify him/ her as having been employed as an officer. If the Culver City Police Department qualifies the former officer, the LEOSA identification card or separate certification should indicate the date the former officer was tested or otherwise found by the Department to meet the active duty standards for qualification to carry a firearm. 207.3.2 AUTHORIZATION Any qualified former law enforcement officer, including a former officer of this department, may carry a concealed firearm under 18 USC § 926C when he/she is: (a) In possession of photographic identification that identifies him/her as having been employed as a law enforcement officer, and one of the following: 1. An indication from the person’s former law enforcement agency that he/she has, within the past year, been tested or otherwise found by the law enforcement agency Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Retiree Concealed Firearms - 38 Culver City Police Department Policy Manual Retiree Concealed Firearms to meet agency-established active duty standards for qualification in firearms training to carry a firearm of the same type as the concealed firearm. 2. A certification, issued by either the state in which the person resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty law enforcement officers within that state, indicating that the person has, within the past year, been tested or otherwise found to meet the standards established by the state or, if not applicable, the standards of any agency in that state. (b) Not under the influence of alcohol or another intoxicating or hallucinatory drug or substance. (c) Not prohibited by federal law from receiving a firearm. (d) Not in a location prohibited by California law or by a private person or entity on his/her property if such prohibition is permitted by California law. 207.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE Any full-time sworn officer of this department who was authorized to, and did, carry a concealed firearm during the course and scope of his/her employment shall be issued an identification card with a Carrying Concealed Weapon endorsement, "CCW Approved," upon honorable retirement (Penal Code § 25455). (a) For the purpose of this policy, honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement. It shall not include any officer who retires in lieu of termination. (b) No CCW Approved endorsement shall be issued to any officer retiring because of a psychological disability (Penal Code § 26305). 207.4.1 CALIFORNIA IDENTIFICATION CARD FORMAT The identification card issued to any qualified and honorably retired officer shall be 2 inches by 3 inches, and minimally contain (Penal Code § 25460): (a) A photograph of the retiree. (b) The retiree’s name and date of birth. (c) The date of retirement. (d) The name and address of this department. (e) A stamped CCW Approved endorsement along with the date by which the endorsement must be renewed (not more than one year). If a CCW endorsement has been denied or revoked, the identification card shall be stamped “No CCW Privilege.” 207.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION The Culver City Police Department shall provide an identification card with a CCW Approved endorsement to honorably retired peace officers from any jurisdiction that this department now serves under the following conditions (Penal Code § 25905): (a) The retiree's previous agency is no longer providing law enforcement services or the relevant government body is dissolved. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Retiree Concealed Firearms - 39 Culver City Police Department Policy Manual Retiree Concealed Firearms (b) This department is in possession of the retiree’s complete personnel record or can verify the retiree’s honorably retired status. (c) The retiree is in compliance with all of the requirements of this department for the issuance of a CCW Approved endorsement. 207.4.3 QUALIFIED RETIRED RESERVES Qualified retired reserve officers who meet the department requirements shall be provided an identification card with a CCW Approved endorsement (Penal Code § 26300). 207.5 FORMER OFFICER RESPONSIBILITIES A former officer with a card issued under this policy shall immediately notify the Watch Commander of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in accordance with the Reporting of Employee Convictions policy. 207.5.1 RESPONSIBILITIES UNDER LEOSA In order to obtain or retain a LEOSA identification card, the former officer shall: (a) Sign a waiver of liability of the Department for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the Department. (b) Remain subject to all applicable department policies and federal, state and local laws. (c) Demonstrate good judgment and character commensurate with carrying a loaded and concealed firearm. (d) Successfully pass an annual criminal history background check indicating that he/she is not prohibited by law from receiving or possessing a firearm. 207.5.2 MAINTAINING A CALIFORNIA IDENTIFICATION CARD CCW ENDORSEMENT In order to maintain a CCW Approved endorsement on an identification card issued under California law, the retired officer shall (Penal Code § 26305): (a) Qualify every five years with the authorized firearm(s) at a course approved by this department, at the retired officer’s expense. (b) Remain subject to all applicable department policies and federal, state and local laws. (c) Not engage in conduct that compromises public safety. (d) Only be authorized to carry a concealed firearm approved by the Department. 207.6 DENIAL, SUSPENSION OR REVOCATION OF A LEOSA IDENTIFICATION CARD A LEOSA identification card may be denied or revoked upon a showing of good cause as determined by the Department. In the event that an identification card is denied, suspended or revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Retiree Concealed Firearms - 40 Culver City Police Department Policy Manual Retiree Concealed Firearms 207.7 FIREARM QUALIFICATIONS The Rangemaster may provide former officers from this department an opportunity to qualify. Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons used. 207.8 DENIAL, SUSPENSION OR REVOCATION OF A CALIFORNIA CCW ENDORSEMENT CARD A CCW endorsement under Penal Code § 25470 for any officer retired from this department may be denied or revoked only upon a showing of good cause. The CCW endorsement may be immediately and temporarily revoked by the Watch Commander when the conduct of a retired peace officer compromises public safety. (a) In the event that a CCW endorsement is initially denied, the retired officer shall have 15 days from the date of denial to request a formal hearing. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received. (b) Prior to revocation of any CCW endorsement, the Department shall provide the affected retiree with written notice of a hearing by either personal service or first class mail, postage prepaid, return receipt requested to the retiree’s last known address (Penal Code § 26315). (c) (d) 1. The retiree shall have 15 days from the date of service to file a written request for a hearing. 2. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received (Penal Code § 26315). 3. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. A hearing for the denial or revocation of any CCW endorsement shall be conducted before a hearing board composed of three members, one selected by the Department, one selected by the retiree or his/her employee organization and one selected jointly (Penal Code § 26320). 1. The decision of such hearing board shall be binding on the Department and the retiree. 2. Any retiree who waives the right to a hearing or whose CCW endorsement has been revoked at a hearing shall immediately surrender his/her identification card. The Department will then reissue a new identification card which shall be stamped “No CCW Privilege.” Members who have reason to suspect the conduct of a retiree has compromised public safety shall notify the Watch Commander as soon as practicable. The Watch Commander should promptly take appropriate steps to look into the matter and, if warranted, contact the retiree in person and advise him/her of the temporary suspension and hearing information listed below. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Retiree Concealed Firearms - 41 Culver City Police Department Policy Manual Retiree Concealed Firearms 1. Notification of the temporary suspension should also be promptly mailed to the retiree via first class mail, postage prepaid, return receipt requested (Penal Code § 26312). 2. The Watch Commander should document the investigation, the actions taken and, if applicable, any notification made to the retiree. The memo should be forwarded to the Chief of Police. 3. The personal and written notification should be as follows: 4. (a) The retiree’s CCW endorsement is immediately and temporarily suspended. (b) The retiree has 15 days to request a hearing to determine whether the temporary suspension should become permanent revocation. (c) The retiree will forfeit his/her right to a hearing and the CCW endorsement will be permanently revoked if the retiree fails to respond to the notice of hearing within the 15-day period. In the event that personal contact with the retiree cannot be reasonably achieved in a timely manner, the Watch Commander should attempt to make the above notice of temporary suspension through another law enforcement officer. For example, if a retiree was arrested or detained by a distant agency, the Watch Commander may request that a law enforcement officer from that agency act as the agent of the Department to deliver the written notification. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Retiree Concealed Firearms - 42 Policy Culver City Police Department 208 Policy Manual Training Policy 208.1 PURPOSE AND SCOPE It is the policy of this department to administer a training program that will provide for the professional growth and continued development of its personnel. By doing so, the Department will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community. 208.2 PHILOSOPHY The Department seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates. Whenever possible, the Department will use courses certified by the California Commission on Peace Officer Standards and Training (POST). 208.3 OBJECTIVES The objectives of the Training Program are to: (a) Enhance the level of law enforcement service to the public (b) Increase the technical expertise and overall effectiveness of our personnel (c) Provide for continued professional development of department personnel 208.4 TRAINING PLAN A training plan will be developed and maintained by the Personnel and Training Lieutenant. It is the responsibility of the Personnel and Training Lieutenant to maintain, review, and update the training plan on an annual basis. The plan will address the following areas: (Agency-specific training areas) 208.5 TRAINING NEEDS ASSESSMENT The Personnel and Training will conduct an annual training-needs assessment of the Department. The needs assessment will be reviewed by staff. Upon approval by the staff, the needs assessment will form the basis for the training plan for the fiscal year. 208.6 TRAINING COMMITTEE The Personnel and Training Lieutenant may establish a Training Committee, which will serve to assist with identifying training needs for the Department. The Training Committee may be comprised of at least three members, with the senior ranking member of the committee acting as the chairperson. Members should be selected based on their Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Training Policy - 43 Culver City Police Department Policy Manual Training Policy abilities at post-incident evaluation and at assessing related training needs. The Personnel and Training Lieutenant may remove or replace members of the committee at his/her discretion. The Training Committee should review certain incidents to determine whether training would likely improve future outcomes or reduce or prevent the recurrence of the undesirable issues related to the incident. Specific incidents the Training Committee should review include, but are not limited to: (a) Any incident involving the death or serious injury of an employee. (b) Incidents involving a high risk of death, serious injury or civil liability. (c) Incidents identified by a supervisor as appropriate to review to identify possible training needs. The Training Committee should convene on a regular basis as determined by the Personnel and Training Lieutenant to review the identified incidents. The committee should determine by consensus whether a training need exists and then submit written recommendations of its findings to the Personnel and Training Lieutenant. The recommendation should not identify specific facts of any incidents, such as identities of employees involved or the date, time and location of the incident, but should focus on the type of training being recommended. The Personnel and Training Lieutenant will consider the recommendations of the committee and determine what training should be addressed, taking into consideration the mission of the Department and available resources. 208.7 TRAINING PROCEDURES (a) (b) All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following: 1. Court appearances 2. First choice vacation 3. Sick leave 4. Physical limitations preventing the employee’s participation. 5. Emergency situations When an employee is unable to attend mandatory training, that employee shall: 1. Notify his/her supervisor as soon as possible but no later than one hour prior to the start of training. 2. Make arrangements through his/her supervisor and the Personnel and Training Lieutenant to attend the required training on an alternate date. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Training Policy - 44 Culver City Police Department Policy Manual Training Policy 208.8 DAILY TRAINING BULLETINS Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Training Policy - 45 Culver City Police Department Policy Manual Chapter 3 - General Operations Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department General Operations - 46 Policy Culver City Police Department 300 Policy Manual Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this [department/office] is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents or weapons to another person, or other P.O.S.T. cerified defense tactic techniques. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained. 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The [Department/Office] recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor. 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Use of Force - 47 Culver City Police Department Policy Manual Use of Force appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by the [Department/Office]. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST Any peace officer may use reasonable force to effect an arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape or to overcome resistance (Penal Code § 835a). 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: (a) Immediacy and severity of the threat to officers or others. (b) The conduct of the individual being confronted, as reasonably perceived by the officer at the time. (c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d) The effects of drugs or alcohol. (e) Subject’s mental state or capacity. (f) Proximity of weapons or dangerous improvised devices. (g) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (h) The availability of other options and their possible effectiveness. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Use of Force - 48 Culver City Police Department Policy Manual Use of Force (i) Seriousness of the suspected offense or reason for contact with the individual. (j) Training and experience of the officer. (k) Potential for injury to officers, suspects and others. (l) Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer. (m) The risk and reasonably foreseeable consequences of escape. (n) The apparent need for immediate control of the subject or a prompt resolution of the situation. (o) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (p) Prior contacts with the subject or awareness of any propensity for violence. (q) Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed [department/office]-approved training. Officers utilizing any pain compliance technique should consider: (a) The degree to which the application of the technique may be controlled given the level of resistance. (b) Whether the person can comply with the direction or orders of the officer. (c) Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.3.4 CAROTID CONTROL HOLD The proper application of the carotid control hold may be effective in restraining a violent or combative individual. However, due to the potential for injury, the use of the carotid control hold is subject to the following: (a) The officer shall have successfully completed [department/office]-approved training in the use and application of the carotid control hold. (b) The carotid control hold may only be used when circumstances perceived by the officer at the time indicate that such application reasonably appears necessary to control a person in any of the following circumstances: 1. The subject is violent or physically resisting. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Use of Force - 49 Culver City Police Department Policy Manual Use of Force 2. (c) The subject, by words or actions, has demonstrated an intention to be violent and reasonably appears to have the potential to harm officers, him/herself or others. The application of a carotid control hold on the following individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective, or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of applying a carotid control hold: 1. Females who are known to be pregnant 2. Elderly individuals 3. Obvious juveniles 4. Individuals who appear to have Down syndrome or who appear to have obvious neck deformities or malformations, or visible neck injuries (d) Any individual who has had the carotid control hold applied, regardless of whether he/ she was rendered unconscious, shall be promptly examined by paramedics or other qualified medical personnel and should be monitored until examined by paramedics or other appropriate medical personnel. (e) The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to the carotid control hold and whether the subject lost consciousness as a result. (f) Any officer attempting or applying the carotid control hold shall promptly notify a supervisor of the use or attempted use of such hold. (g) The use or attempted use of the carotid control hold shall be thoroughly documented by the officer in any related reports. 300.3.5 USE OF FORCE TO SEIZE EVIDENCE In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. Officers are encouraged to use techniques and methods taught by the Culver City Police Department for this specific purpose. 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: (a) An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Use of Force - 50 Culver City Police Department Policy Manual Use of Force (b) An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if an officer reasonably believes any of the following: 1. The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another. 2. The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so. 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this [department/office] shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the [Department/Office] may require the completion of additional report forms, as specified in [department/office] policy, procedure or law. 300.5.1 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force as defined in Section 300.1.1. 300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE Statistical data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. See the Records Section policy. 300.6 MEDICAL CONSIDERATION Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Use of Force - 51 Culver City Police Department Policy Manual Use of Force pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer’s initial assessment of the nature and extent of the subject’s injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called “excited delirium”), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 SUPERVISOR RESPONSIBILITY When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: (a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b) Ensure that any injured parties are examined and treated. (c) When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/ her Miranda rights, the following shall apply: 1. The content of the interview should not be summarized or included in any related criminal charges. 2. The fact that a recorded interview was conducted should be documented in a property or other report. 3. The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Use of Force - 52 Culver City Police Department Policy Manual Use of Force (d) Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. (e) Identify any witnesses not already included in related reports. (f) Review and approve all related reports. (g) Determine if there is any indication that the subject may pursue civil litigation. 1. (h) If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 WATCH COMMANDER RESPONSIBILITY The Watch Commander shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. 300.8 TRAINING Officers will receive periodic training on this policy and demonstrate their knowledge and understanding. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Use of Force - 53 Policy Culver City Police Department 301 Policy Manual Deadly Force Review 301.1 PURPOSE AND SCOPE This policy establishes a process for the Culver City Police Department to review the use of force by its employees. This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the use of deadly force. 301.2 POLICY The Culver City Police Department will objectively evaluate the use of force by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy. 301.3 REMOVAL FROM LINE DUTY ASSIGNMENT Generally, whenever an employee's actions or use of force in an official capacity, or while using department equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place an employee in an administrative assignment in any case. 301.4 REVIEW BOARD The Use of Force Review Board will be convened when the use of force by a member results in very serious injury or death to another. The Use of Force Review Board will also investigate and review the circumstances surrounding every discharge of a firearm, whether the employee was on- or off-duty, excluding training or recreational use. The Chief of Police may request the Use of Force Review Board to investigate the circumstances surrounding any use of force incident. The Assistant Chief will convene the Use of Force Review Board as necessary. It will be the responsibility of the Bureau Commander or supervisor of the involved employee to notify the Assistant Chief of any incidents requiring board review. The involved employee's Bureau Commander or supervisor will also ensure that all relevant reports, documents and materials are available for consideration and review by the board. 301.4.1 COMPOSITION OF THE BOARD The Assistant Chief should select five Use of Force Review Board members from the following, as appropriate: • Representatives of each bureau • Commanding officer in the involved member's chain of command Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Deadly Force Review - 54 Culver City Police Department Policy Manual Deadly Force Review • Personnel and Training Personnel and Training Lieutenant • Detective Personnel and Training Lieutenant • A peer officer • Department instructor for the type of weapon, device or technique used The senior ranking command representative who is not in the same bureau as the involved employee will serve as chairperson. 301.4.2 RESPONSIBILITIES OF THE BOARD The Use of Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident. The board members may request further investigation, request reports be submitted for the board's review, call persons to present information and request the involved employee to appear. The involved employee will be notified of the meeting of the board and may choose to have a representative through all phases of the review process. The board does not have the authority to recommend discipline. The Chief of Police will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges the decision not to file criminal charges, or any other action. The board should be provided all relevant available material from these proceedings for its consideration. Absent an express waiver from the employee, no more than two members of the board may ask questions of the involved employee (Government Code § 3303). Other members may provide questions to these members. The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the officer at the time shall neither justify nor call into question an officer's decision regarding the use of force. Any questioning of the involved employee conducted by the board will be in accordance with the department's disciplinary procedures, the Personnel Complaints Policy, the current collective bargaining agreement and any applicable state or federal law. The board shall make one of the following recommended findings: (a) The employee's actions were within department policy and procedure. (b) The employee's actions were in violation of department policy and procedure. A recommended finding requires a majority vote of the board. The board may also recommend additional investigations or reviews, such as disciplinary investigations, training reviews to consider whether training should be developed or revised, and policy reviews, as may be appropriate. The board chairperson will submit the written recommendation to the Chief of Police. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Deadly Force Review - 55 Culver City Police Department Policy Manual Deadly Force Review The Chief of Police shall review the recommendation, make a final determination as to whether the employee's actions were within policy and procedure and will determine whether any additional actions, investigations or reviews are appropriate. The Chief of Police's final findings will be forwarded to the involved employee's Bureau Commander for review and appropriate action. If the Chief of Police concludes that discipline should be considered, a disciplinary process will be initiated. At the conclusion of any additional reviews, copies of all relevant reports and information will be filed with the Chief of Police. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Deadly Force Review - 56 Policy Culver City Police Department 302 Policy Manual Watches, Schedules, & Rotation 302.1 PURPOSE AND SCOPE This policy provides guidelines and descriptions of the Department's watch schedules and rotation of personnel. 302.1.1 WATCHES Watch Defined: A Watch shall be that period of time when a particular Bureau, Section, Unit, or Detail is considered to be on-duty. Hours of Watch: Each Bureau Commander or officer in charge of a Section, Unit, or Detail, shall establish the hours of duty for the watches under his command, subject to the approval of the Chief of Police. 302.1.2 WATCH DESIGNATION: BASIC OPERATIONS PLAN The following Watch title designations shall be used for designating the basic Operations Bureau watch plan of the Department. Bureau Commanders may alter the hours of the basic watch plan to accommodate particular needs, when approved by the Chief of Police: (a) Day Watch: 0700 hours to 1930 hours (b) Night Watch: 1400 hours to 0230 hours (c) Morning Watch: 1900 hours to 0730 hours 302.1.3 CHANGE OF WATCH Change of Watch is that time at which the responsibility for the operation of a Bureau, Section, Unit, or Detail, passes from one watch to another. It may be preceded by a briefing period for the watch coming on duty. 302.1.4 WATCH ROTATION: OPERATIONS BUREAU The Watch Rotation Plan for sworn personnel and jailers assigned to the Patrol Section of the Operations Bureau should conform to the following guidelines: (a) The established order of watches is Day Watch, Night Watch, Morning Watch. (b) Each jailer, officer, sergeant, and lieutenant may be required to work a minimum of four months on a watch. They will then be given an opportunity to choose their assigned shift/ watch and days off (from what is available) based on seniority. If they have worked at least one rotation on a given watch, each jailer, officer, sergeant, and lieutenant will be able to bump the most senior person of equal rank on the next watch. (senior officer, jailer or sergeant shall refer to the employee who has the most time on his particular watch.) (c) The personnel being bumped shall be transferred to the next watch, in rotation. For example: Officer "Jones" on Night Watch would bump Officer "Smith" on Morning Watch, who would, Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Watches, Schedules, & Rotation - 57 Culver City Police Department Policy Manual Watches, Schedules, & Rotation in turn, bump Officer "Wilson" on Day Watch ". In the event an equal number of personnel request rotation, the "bumping" provision of this section would not apply. (d) Probationary officers may be rotated at any time, according to their training needs as determined by the Department. (e) Officers, jailers and lieutenants should rotate in a clockwise direction. (Morning Watch to Day Watch to Night Watch) Sergeants shall rotate in a counter-clockwise direction. (Morning Watch to Night Watch to Day Watch) (f) While the above is a guideline, nothing shall prohibit the Chief of Police (or his designee) from deviating from this rotation plan in order to satisfy department and employee needs. 302.1.5 WATCH ROTATION: COMMUNICATIONS The following guidelines should be implemented in the Watch Rotation Plan for personnel assigned to the Communications Section. (a) The established order of watch rotation is to be Morning to Day to Morning. (b) Each Communications Operator may be required to work a minimum of four months on a watch. They will then be given an opportunity to bump the senior Communications Operator on the next watch. ("Senior" shall refer to the Communications Operator who has the most time on that particular watch.) (c) Communications Operators shall be allowed to rotate three times a year. Requests for watch changes shall be made prior to January 1, May 1, and September 1. Watch changes shall then be made on or about these dates. (d) Exceptions to the mandatory rotation may be made by the Bureau Commander, with adequate justification on the part of the employee, such as school commitments or personal hardship. (e) An employee who is being "bumped" from a watch may, with the approval of a supervisor, attempt to obtain a volunteer from his watch (or if no one volunteers, from another watch) to replace him in the rotation plan. The employee remaining on the watch would then revert to being senior on his particular watch. (f) Employees desiring to rotate in a manner other than described, may, with the approval of the Bureau Commander, make arrangements to trade watches with an employee on the watch they wish to be transferred. (g) Probationary employees may be required to work various watches to facilitate their training. (h) Nothing shall prohibit the Chief of Police or his designee from deviating from the Watch Rotation Plan in order to satisfy Departmental needs. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Watches, Schedules, & Rotation - 58 Culver City Police Department Policy Manual Watches, Schedules, & Rotation 302.1.6 WATCH ROTATION: LITIGATION LIAISON AND DOCUMENTS SECTION (RECORDS) CLERKS The following guidelines should be implemented in the Watch Rotation Plan for personnel assigned to the Litigation Liaison and Documents (Records) Section. (a) The established order of watch rotation is to be Morning to Day to Night Watch. (b) Each Litigation Liaison and Documents Section Clerk may be required to work a minimum of four months on a watch. They will then be given an opportunity to bump the senior Litigation Liaison and Documents Section Clerk on the next watch. ("Senior" shall refer to the Litigation Liaison and Documents Section Clerk who has the most time on that particular watch.) (c) Litigation Liaison and Documents Section Clerks shall be allowed to rotate three times a year. Requests for watch changes shall be made prior to February 1, June 1, and October 1. Watch changes shall then be made on or about these dates. (d) Exceptions to the mandatory rotation may be made by the Bureau Commander, with adequate justification on the part of the employee, such as school commitments or personal hardship. (e) An employee who is being "bumped" from a watch may, with the approval of a supervisor, attempt to obtain a volunteer from his watch (or if no one volunteers, from another watch) to replace him in the rotation plan. The employee remaining on the watch would then revert to being senior on his particular watch. (f) Employees desiring to rotate in a manner other than described, may, with the approval of the Bureau Commander, make arrangements to trade watches with an employee on the watch to which they wish to be transferred. (g) Probationary employees may be required to work various watches to facilitate their training. (h) Nothing shall prohibit the Chief of Police from deviating from the Watch Rotation Plan in order to satisfy Departmental needs. 302.1.7 ASSIGNMENT ROTATION: ADMINISTRATION AND INVESTIGATIONS BUREAU The following guidelines should be implemented in the Watch Rotation Plan for personnel assigned to the Administration and Investigations Bureau. (a) Detective positions should be limited to a period of three years. (b) Detective Supervisor positions should be limited to a period of two years. (c) Crime Impact Team detectives should be limited to a period of two years. (d) Lieutenant positions should be limited to a period of two years. (e) Bureau Commander positions should be limited to a period of two years. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Watches, Schedules, & Rotation - 59 Culver City Police Department Policy Manual Watches, Schedules, & Rotation (f) While the above is a guideline, nothing shall prohibit the Chief of Police (or designee) from deviating from this rotation plan in order to satisfy department and employee needs. 302.1.8 ASSIGNMENT ROTATION: TRAFFIC BUREAU The following guidelines should be implemented in the Watch Rotation Plan for personnel assigned to the Traffic Bureau. (a) Accident Investigator position should be limited to three years. (b) Motorcycle Officer and Sergeant positions should be limited to a period of three years. (c) All other Traffic Bureau sworn positions including supervisors, Lieutenant and Sergeants should be limited to a period of two years. While the above is a guideline, nothing shall prohibit the Chief of Police (or designee) from deviating from this rotation plan in order to satisfy department and employee needs. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Watches, Schedules, & Rotation - 60 Policy Culver City Police Department 303 Policy Manual Leg Restraint Device 303.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 303.2 POLICY The Culver City Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy and department training. Restraint devices shall not be used to punish, to display authority or as a show of force. 303.3 USE OF RESTRAINTS Only members who have successfully completed Culver City Police Department-approved training on the use of restraint devices described in this policy are authorized to use these devices. When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include, but are not limited to: • The circumstances or crime leading to the arrest. • The demeanor and behavior of the arrested person. • The age and health of the person. • Whether the person is known to be pregnant. • Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes. • Whether the person has any other apparent disability. 303.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain an individual who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to assure the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. 303.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety and in no event shall these persons be restrained by the use of leg irons, waist chains or handcuffs behind the body. No person who is in labor, delivery or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Leg Restraint Device - 61 Culver City Police Department Policy Manual Leg Restraint Device determination that such restraints are necessary for the safety of the arrestee, officers or others (Penal Code § 3407; Penal Code § 6030). 303.3.3 RESTRAINT OF JUVENILES A juvenile under 14 years of age should not be restrained unless he/she is suspected of a dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist, attempt escape, injure him/herself, injure the officer or damage property. 303.3.4 NOTIFICATIONS Whenever an officer transports a person with the use of restraints other than handcuffs, the officer shall inform the jail staff upon arrival at the jail that restraints were used. This notification should include information regarding any other circumstances the officer reasonably believes would be potential safety concerns or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during transportation to the jail. 303.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the Department. Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, officers should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances. In most situations handcuffs should be applied with the hands behind the person's back. When Feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists. In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may cause unreasonable discomfort due to the person's size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs. Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility. 303.5 APPLICATION OF AUXILIARY RESTRAINT DEVICES Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg irons and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort and mobility. Only department-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Leg Restraint Device - 62 Culver City Police Department Policy Manual Leg Restraint Device 303.6 APPLICATION OF LEG RESTRAINT DEVICES Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint devices approved by the Department shall be used. In determining whether to use the leg restraint, officers should consider: (a) Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a suspect. (b) Whether it is reasonably necessary to protect the suspect from his/her own actions (e.g., hitting his/her head against the interior of the patrol unit, running away from the arresting officer while handcuffed, kicking at objects or officers). (c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol unit). 303.6.1 GUIDELINES FOR USE OF LEG RESTRAINTS When applying leg restraints the following guidelines should be followed: (a) If practicable, officers should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. (b) Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. (c) Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on his/her stomach for an extended period, as this could reduce the person's ability to breathe. (d) The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on his/her stomach. (e) The officer should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. (f) When transported by ambulance/paramedic unit, the restrained person should be accompanied by an officer when requested by medical personnel. The transporting officer should describe to medical personnel any unusual behaviors or other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). 303.7 REQUIRED DOCUMENTATION If an individual is arrested, the use of restraints other than handcuffs shall be documented in the related report. The officer should include, as appropriate: (a) The amount of time the suspect was restrained. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Leg Restraint Device - 63 Culver City Police Department Policy Manual Leg Restraint Device (b) How the suspect was transported and the position of the suspect. (c) Observations of the suspect's behavior and any signs of physiological problems. (d) Any known or suspected drug use or other medical problems. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Leg Restraint Device - 64 Policy Culver City Police Department 304 Policy Manual Control Devices and Techniques 304.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 304.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Culver City Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. 304.2.1 AUTHORIZED BATONS (a) Straight baton constructed of wood, 26 to 29 inches in length. The baton shall be 1 and 1/8" to 1 and 1/4 inches in diameter and shall be equipped with a black rubber grommet positioned approximately seven inches from one end of the baton. The baton shall be either black or brown (natural wood) in color. It shall also be smooth (sanded) in texture (b) ASP friction lock baton, 16, 21, 26 or 31 inches in length. The ASP shall be black or silver/ chrome in color While working in a patrol capacity, Officers and Sergeants shall always have a straight baton inside their assigned vehicle readily available for use in the field. If carried on the person, all batons shall be carried in their respective holders. Batons shall not be modified in any way. Officers shall only carry those types of batons for which they have been properly trained. 304.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee. Only officers who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets. 304.4 RESPONSIBILITIES Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Control Devices and Techniques - 65 Culver City Police Department Policy Manual Control Devices and Techniques 304.4.1 WATCH COMMANDER RESPONSIBILITIES The Watch Commander may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 304.4.2 RANGEMASTER RESPONSIBILITIES The Rangemaster shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by the Rangemaster or the designated instructor for a particular control device. The inspection shall be documented. 304.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Rangemaster for disposition. Damage to City property forms shall also be prepared and forwarded through the chain of command, when appropriate, explaining the cause of damage. 304.5 BATON GUIDELINES The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in accordance with the needs of their assignment or at the direction of their supervisor. 304.6 TEAR GAS GUIDELINES Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Watch Commander, Incident Commander or Crisis Response Unit Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed. 304.7 OLEORESIN CAPSICUM (OC) GUIDELINES As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or are about to engage in violent behavior. Pepper projectiles and OC spray should not, however, Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Control Devices and Techniques - 66 Culver City Police Department Policy Manual Control Devices and Techniques be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public. 304.7.1 OC SPRAY Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt. Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. 304.7.2 PEPPER PROJECTILE SYSTEMS Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. Officers encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all notifications and reports are completed as required by the Use of Force Policy. Each deployment of a pepper projectile system shall be documented. This includes situations where the launcher was directed toward the suspect, whether or not the launcher was used. Unintentional discharges shall be promptly reported to a supervisor and documented on the appropriate report form. Only non-incident use of a pepper projectile system, such as training and product demonstrations, is exempt from the reporting requirement. 304.7.3 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be promptly provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 304.8 POST-APPLICATION NOTICE Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, officers should provide the owners or available occupants with notice of the possible presence of residue that could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that clean up will be at the owner’s expense. Information regarding the method of notice and the individuals notified should be included in related reports. 304.9 KINETIC ENERGY PROJECTILE GUIDELINES This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Control Devices and Techniques - 67 Culver City Police Department Policy Manual Control Devices and Techniques 304.9.1 DEPLOYMENT AND USE Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. (b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers. (d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. 304.9.2 DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the officer should consider such factors as: (a) Distance and angle to target. (b) Type of munitions employed. (c) Type and thickness of subject’s clothing. (d) The subject’s proximity to others. (e) The location of the subject. (f) Whether the subject’s actions dictate the need for an immediate response and the use of control devices appears appropriate. A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other officers and individuals that the device is being deployed. Officers should keep in mind the manufacturer’s recommendations and their training regarding effective distances and target areas. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the totality of circumstances at the time of deployment. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, except when the Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Control Devices and Techniques - 68 Culver City Police Department Policy Manual Control Devices and Techniques officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. 304.9.3 SAFETY PROCEDURES Shotguns specifically designated for use with kinetic energy projectiles will be specially marked in a manner that makes them readily identifiable as such. Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the shotgun is in proper working order and the projectiles are of the approved type and appear to be free from defects. When it is not deployed, the shotgun designated for use with projectiles will be unloaded and properly and securely stored in the vehicle. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun. 304.10 TRAINING FOR CONTROL DEVICES The Personnel and Training Lieutenant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. (a) Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (b) All training and proficiency for control devices will be documented in the officer’s training file. (c) Officers who fail to demonstrate proficiency with the control device or knowledge of this agency’s Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency’s Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline. 304.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Control Devices and Techniques - 69 Policy Culver City Police Department 305 Policy Manual TASER™ Guidelines 305.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of TASER devices. 305.2 POLICY The TASER® device is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of such a device should result in fewer serious injuries to officers and suspects. 305.3 ISSUANCE AND CARRYING TASER DEVICES Only members who have successfully completed department-approved training may be issued and carry the TASER device. TASER devices are issued for use during a member’s current assignment. Those leaving a particular assignment may be required to return the device to the department’s inventory. Officers shall only use the TASER device and cartridges that have been issued by the Department. Uniformed officers who have been issued the TASER device shall wear the device in an approved holster on their person. Non-uniformed officers may secure the TASER device in the driver’s compartment of their vehicle. Members carrying the TASER device should perform a spark test on the unit prior to every shift. When carried while in uniform officers shall carry the TASER device in a weak-side holster on the side opposite the duty weapon. (a) All TASER devices shall be clearly and distinctly marked to differentiate them from the duty weapon and any other device. (b) Officers shall be responsible for ensuring that their issued TASER device is properly maintained and in good working order. (c) Officers should not hold both a firearm and the TASER device at the same time. 305.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the TASER device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to: (a) Provide the individual with a reasonable opportunity to voluntarily comply. (b) Provide other officers and individuals with a warning that the TASER device may be deployed. If, after a verbal warning, an individual is unwilling to voluntarily comply with an officer’s lawful orders and it appears both reasonable and feasible under the circumstances, the officer may, but Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department TASER™ Guidelines - 70 Culver City Police Department Policy Manual TASER™ Guidelines is not required to, display the electrical arc (provided that a cartridge has not been loaded into the device), or the laser in a further attempt to gain compliance prior to the application of the TASER device. The aiming laser should never be intentionally directed into the eyes of another as it may permanently impair his/her vision. The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the TASER device in the related report. 305.5 USE OF THE TASER DEVICE The TASER device has limitations and restrictions requiring consideration before its use. The TASER device should only be used when its operator can safely approach the subject within the operational range of the device. Although the TASER device is generally effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. 305.5.1 APPLICATION OF THE TASER DEVICE The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person: (a) The subject is violent or is physically resisting. (b) The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of the TASER device to apprehend an individual. 305.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the TASER device on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the device. This includes: (a) Individuals who are known to be pregnant. (b) Elderly individuals or obvious juveniles. (c) Individuals with obviously low body mass. (d) Individuals who are handcuffed or otherwise restrained. (e) Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department TASER™ Guidelines - 71 Culver City Police Department Policy Manual TASER™ Guidelines (f) Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles). Because the application of the TASER device in the drive-stun mode (i.e., direct contact without probes) relies primarily on pain compliance, the use of the drive-stun mode generally should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions. The TASER device shall not be used to psychologically torment, elicit statements or to punish any individual. 305.5.3 TARGETING CONSIDERATIONS Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the TASER device probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel. 305.5.4 MULTIPLE APPLICATIONS OF THE TASER DEVICE Officers should apply the TASER device for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications of the TASER device against a single individual are generally not recommended and should be avoided unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple applications. If the first application of the TASER device appears to be ineffective in gaining control of an individual, the officer should consider certain factors before additional applications of the TASER device, including: (a) Whether the probes are making proper contact. (b) Whether the individual has the ability and has been given a reasonable opportunity to comply. (c) Whether verbal commands, other options or tactics may be more effective. Officers should generally not intentionally apply more than one TASER device at a time against a single subject. 305.5.5 ACTIONS FOLLOWING DEPLOYMENTS Officers shall notify a supervisor of all TASER device discharges. The expended cartridge, along with both probes and wire, should be booked into evidence. The TASER number and cartridge serial number should be noted and documented on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject’s skin. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department TASER™ Guidelines - 72 Culver City Police Department Policy Manual TASER™ Guidelines 305.5.6 DANGEROUS ANIMALS The TASER device may be deployed against an animal as part of a plan to deal with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. 305.5.7 OFF-DUTY CONSIDERATIONS Officers are not authorized to carry department TASER devices while off-duty. Officers shall ensure that TASER devices are secured while in their homes, vehicles or any other area under their control, in a manner that will keep the device inaccessible to others. 305.6 DOCUMENTATION Officers shall document all TASER device discharges in the related arrest/crime report. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges shall be reported to a supervisor. 305.6.1 REPORTS The officer should include the following in the arrest/crime report: (a) Identification of all personnel firing TASER devices (b) Identification of all witnesses (c) Medical care provided to the subject (d) Observations of the subject’s physical and physiological actions (e) Any known or suspected drug use, intoxication or other medical problems 305.7 MEDICAL TREATMENT Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel should remove TASER device probes from a person’s body. Used TASER device probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken. All persons who have been struck by TASER device probes or who have been subjected to the electric discharge of the device shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel: (a) The person is suspected of being under the influence of controlled substances and/or alcohol. (b) The person may be pregnant. (c) The person reasonably appears to be in need of medical attention. (d) The TASER device probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department TASER™ Guidelines - 73 Culver City Police Department Policy Manual TASER™ Guidelines (e) The person requests medical treatment. Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications (i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible. The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the TASER device. 305.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the TASER device may be used. A supervisor should respond to all incidents where the TASER device was activated. A supervisor should review each incident where a person has been exposed to an activation of the TASER device. The device’s onboard memory should be downloaded through the data port by a supervisor or Rangemaster and saved with the related arrest/crime report. Photographs of probe sites should be taken and witnesses interviewed. 305.9 TRAINING Personnel who are authorized to carry the TASER device shall be permitted to do so only after successfully completing the initial department-approved training. Any personnel who have not carried the TASER device as a part of their assignment for a period of six months or more shall be recertified by a department-approved TASER device instructor prior to again carrying or using the device. Proficiency training for personnel who have been issued TASER devices should occur every year. A reassessment of an officer’s knowledge and/or practical skill may be required at any time if deemed appropriate by the Personnel and Training Lieutenant. All training and proficiency for TASER devices will be documented in the officer’s training file. Command staff, supervisors and investigators should receive TASER device training as appropriate for the investigations they conduct and review. Officers who do not carry TASER devices should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. The Personnel and Training Lieutenant is responsible for ensuring that all members who carry TASER devices have received initial and annual proficiency training. Periodic audits should be used for verification. Application of TASER devices during training could result in injury to personnel and should not be mandatory for certification. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department TASER™ Guidelines - 74 Culver City Police Department Policy Manual TASER™ Guidelines The Personnel and Training Lieutenant should ensure that all training includes: (a) A review of this policy. (b) A review of the Use of Force Policy. (c) Performing weak-hand draws or cross-draws unintentionally drawing and firing a firearm. (d) Target area considerations, to include techniques or options to unintentional application of probes near the head, neck, chest and groin. (e) Handcuffing a subject during the application of the TASER device and transitioning to other force options. (f) De-escalation techniques. (g) Restraint techniques that do not impair respiration following the application of the TASER device. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department to reduce the possibility of reduce the TASER™ Guidelines - 75 Policy Culver City Police Department 306 Policy Manual Officer-Involved Shootings and Deaths 306.1 PURPOSE AND SCOPE The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of other action of an officer. In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy. 306.2 POLICY The policy of the Culver City Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 306.3 TYPES OF INVESTIGATIONS Officer-involved shootings and deaths involve several separate investigations. The investigations may include: • A criminal investigation of the suspect’s actions. • A criminal investigation of the involved officer’s actions. • An administrative investigation as to policy compliance by involved officers. • A civil investigation to determine potential liability. 306.4 CONTROL OF INVESTIGATIONS Investigators from surrounding agencies may be assigned to work on the criminal investigation of officer-involved shootings and deaths. This may include at least one investigator from the agency that employs the involved officer. Jurisdiction is determined by the location of the shooting or death and the agency employing the involved officer. The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths. 306.4.1 CULVER CITY POLICE DEPARTMENT OFFICER WITHIN THIS JURISDICTION With the assistance of Culver City Police Department personnel, the Los Angeles County Sheriff's Department and members from the Los Angeles District Attorney's Office are generally responsible for the criminal investigation of the suspect's and officer's actions surrounding an officer-involved shooting. The Culver City Police Department will conduct the civil investigation and the administrative investigation. 306.4.2 CRIMINAL INVESTIGATION OF OFFICER ACTIONS The control of the criminal investigation into the involved officer’s conduct during the incident will be determined by the employing agency’s protocol. When an officer from this department is Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 76 Culver City Police Department Policy Manual Officer-Involved Shootings and Deaths involved, the criminal investigation will be handled according to the Criminal Investigation section of this policy. Requests made of this department to investigate a shooting or death involving an outside agency’s officer shall be referred to the Chief of Police or the authorized designee for approval. 306.4.3 CULVER CITY POLICE DEPARTMENT OFFICER IN ANOTHER JURISDICTION With the assistance of Culver City Police Department personnel, the Los Angeles County Sheriff's Department and members from the Los Angeles District Attorney's Office are generally responsible for the criminal investigation of the suspect's and officer's actions surrounding an officer-involved shooting. The Culver City Police Department will conduct the civil investigation and the administrative investigation. 306.4.4 INVESTIGATION RESPONSIBILITY MATRIX The following table identifies the possible scenarios and responsibilities for the investigation of officer-involved shootings: Criminal Investigation of Suspect(s) Criminal Investigation of Officer(s) Civil Investigation Administrative Investigation CCPD Officer in This Jurisdiction LASD/LA Dist. Attorney Investigators LASD/LA Dist. Attorney Investigators CCPD Civil Liability Team CCPD Professional Standards Unit Allied Agency's Officer in This Jurisdiction Discretion of Involved Officer's Department Involved Officer's Department Involved Officer's Department Involved Officer's Department CCPD Officer in Another Jurisdiction LASD/LA Dist. Attorney Investigators LASD/LA Dist. Attorney Investigators CCPD Civil Liability Team CCPD Professional Standards Unit Note: In the event that an officer of this Department is involved in a shooting outside of Los Angeles County, any criminal investigation will be conducted by the agency having jurisdiction. Any civil or administrative investigation will be handled by this Department's Civil Liability Team and Professional Standards Unit respectively. 306.5 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting or death. 306.5.1 UNINVOLVED OFFICER RESPONSIBILITIES Upon arrival at the scene of an officer-involved shooting, the first uninvolved CCPD officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved. This officer should, as appropriate: (a) Secure the scene and identify and eliminate hazards for all those involved. (b) Take reasonable steps to obtain emergency medical attention for injured individuals. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 77 Culver City Police Department Policy Manual Officer-Involved Shootings and Deaths (c) Request additional resources from the Department or other agencies. (d) Coordinate a perimeter or pursuit of suspects. (e) Check for injured persons and evacuate as needed. (f) Brief the supervisor upon arrival. 306.5.2 WATCH COMMANDER RESPONSIBILITIES Upon learning of an officer-involved shooting or death, the Watch Commander shall be responsible for coordinating all aspects of the incident until he/she is relieved by the Chief of Police or a Bureau Commander. All outside inquiries about the incident shall be directed to the Watch Commander. 306.5.3 NOTIFICATIONS The following person(s) shall be notified as soon as practical: • Chief of Police • Assistant Chief of Police • Traffic and Operations Bureau Commanders • The Los Angeles Sheriff's Department Homicide Bureau and Los Angeles County District Attorney's OIS roll-out team • Professional Standards Unit Lieutenant • Officer(s) representative(s) (if requested) All outside inquiries about the incident shall be directed to the Watch Commander. 306.5.4 INVOLVED OFFICERS Once the involved officer(s) have arrived at the station, the Watch Commander should admonish each officer that the incident shall not be discussed except with authorized personnel or representatives. The following shall be considered for the involved officer: (a) Any request for department or legal representation will be accommodated, however, no involved officer shall be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report (Government Code § 3303(i)). (b) Discussions with licensed attorneys will be considered privileged as attorney-client communications. (c) Discussions with department representatives (e.g., employee association) will be privileged only as to the discussion of non-criminal information however. (d) A psychotherapist shall be provided by the Department to each involved officer, or any other officer, upon request. 1. Interviews with a licensed psychotherapist will be considered privileged and will not be disclosed except to the extent that the officer is or is not fit for return to duty. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 78 Culver City Police Department Policy Manual Officer-Involved Shootings and Deaths 2. An interview or session with a licensed psychotherapist may take place prior to the involved officer providing a formal interview or report, but the involved officers shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. Care should be taken to preserve the integrity of any physical evidence present on the officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. Detectives shall make reasonable accommodations to the officer's physical and emotional needs (Government Code § 3303(d)). Each involved officer shall be given reasonable paid administrative leave following an officerinvolved shooting. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave. 306.5.5 SUPERVISOR RESPONSIBILITIES Upon arrival at the scene, the first uninvolved CCPD supervisor should ensure completion of the duties as outlined above, plus: (a) Attempt to obtain a brief overview of the situation from any uninvolved officers. 1. (b) In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer. If necessary, the supervisor may administratively order any CCPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects. 1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information. 2. The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. (c) Provide all available information to the Watch Commander and Dispatch. If feasible, sensitive information should be communicated over secure networks. (d) Take command of and secure the incident scene with additional CCPD members until properly relieved by another supervisor or other assigned personnel or investigator. (e) As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction. 1. Each involved CCPD officer should be given an administrative order not to discuss the incident with other involved officers or CCPD members pending further direction from a supervisor. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 79 Culver City Police Department Policy Manual Officer-Involved Shootings and Deaths 2. When an involved officer’s weapon is taken or left at the scene for other than officersafety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers. 306.5.6 INVOLVED OFFICERS The following shall be considered for the involved officer: (a) Any request for legal or union representation will be accommodated. 1. Involved CCPD officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report. 2. Requests from involved non-CCPD officers should be referred to their employing agency. (b) Discussions with licensed attorneys will be considered privileged as attorney-client communications. (c) Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information (Government Code § 3303(i)). (d) A licensed psychotherapist shall be provided by the Department to each involved CCPD officer. A licensed psychotherapist may also be provided to any other affected CCPD members, upon request. (e) 1. Interviews with a licensed psychotherapist will be considered privileged. 2. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. 3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy). Although the Department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such communications. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer. Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. Each involved CCPD officer shall be given reasonable paid administrative leave following an officer-involved shooting or death. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave. 306.6 CRIMINAL INVESTIGATION The District Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 80 Culver City Police Department Policy Manual Officer-Involved Shootings and Deaths If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in related criminal investigations. Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The following shall be considered for the involved officer: (a) CCPD supervisors and Professional Standards Unit personnel should not participate directly in any voluntary interview of CCPD officers. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry. (b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney prior to speaking with criminal investigators (Government Code § 3303(i)). However, in order to maintain the integrity of each involved officer’s statement, involved officers shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed. (c) If any involved officer is physically, emotionally or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview. (d) Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents. 306.6.1 DETECTIVE PERSONNEL Once notified of an officer-involved shooting, it shall be the responsibility of the Investigations Bureau supervisor to assign appropriate detective personnel to assist the Los Angeles County Sheriff's Department with the investigation of related crimes. Detectives will be assigned to work with investigators from the Los Angeles County Sheriff's Department and District Attorney's Office, and may be assigned to separately handle the investigation of any related crimes not being investigated by either agency. All related departmental reports except administrative and/or privileged reports will be forwarded to the designated detective supervisor for approval. Privileged reports shall be maintained exclusively by those personnel authorized such access. Administrative reports will be forwarded to the appropriate Bureau Commander. 306.6.2 CRIMINAL INVESTIGATION It shall be the policy of this department to utilize the Los Angeles County Sheriff's Department and the Los Angeles County District Attorney's Office to conduct an independent criminal investigation into the circumstances of any officer-involved shooting involving injury or death. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 81 Culver City Police Department Policy Manual Officer-Involved Shootings and Deaths If available, detective personnel from this department may be assigned to partner with investigators from the Los Angeles County Sheriff's Department and the Los Angeles County District Attorney's Office so as to not duplicate efforts in related criminal investigations. Once public safety issues have been addressed, criminal investigators will be given the next opportunity to interview involved officers in order to provide them with an opportunity to give a voluntary statement. The following shall be considered for the involved officer: (a) Supervisors and Professional Standards Unit personnel should not participate directly in any voluntary interview of officers. This will not prohibit such personnel from monitoring such interviews or indirectly providing areas for inquiry. (b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney, prior to speaking with criminal investigators. However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. (c) Any voluntary statement provided by the officer(s) will be made available for inclusion in the administrative or other related investigations. (d) Absent consent from the involved officer or as required by law, no administratively coerced statement(s) will be provided to any criminal investigators. 306.6.3 REPORTS BY INVOLVED OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)). While the involved officer may write the report, it is generally recommended that such reports be completed by assigned investigators who should interview involved officers as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by involved suspects. Care should be taken not to duplicate information provided by involved officers in other reports. Nothing in this section shall be construed to deprive an involved officer of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal procedures, but should also be included for reference in the investigation of the officer-involved shooting. 306.6.4 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 82 Culver City Police Department Policy Manual Officer-Involved Shootings and Deaths reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following: (a) (b) Identification of all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Department. 1. (c) A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident. 306.7 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with an officer-involved shooting or death, this department will conduct an internal administrative investigation of CCPD officers to determine conformance with department policy. The investigation will be conducted under the supervision of the Professional Standards Unit and will be considered a confidential officer personnel file. Interviews of members shall be subject to department policies and applicable laws (see the Personnel Complaints Policy). (a) Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. (b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer. 1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 83 Culver City Police Department Policy Manual Officer-Involved Shootings and Deaths (c) In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information. 1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer’s physical and psychological needs have been addressed before commencing the interview. 2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview . However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed (Government Code § 3303(i)). 3. Administrative interviews should be recorded by the investigator. The officer may also record the interview (Government Code § 3303(g)). 4. The officer shall be informed of the nature of the investigation. If an officer refuses to answer questions, he/she should be given his/her Lybarger or Garrity rights and ordered to provide full and truthful answers to all questions. The officer shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally. 5. The Professional Standards Unit shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies. 6. Regardless of whether the use of force is an issue in the case, the completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy. 7. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures. 306.7.1 CIVIL LIABILITY RESPONSE A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation. All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation, but shall be given reasonable access to all other investigations. 306.8 DEBRIEFING Following an officer-involved shooting or death, the Culver City Police Department should conduct both a critical incident/stress debriefing and a tactical debriefing. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 84 Culver City Police Department Policy Manual Officer-Involved Shootings and Deaths 306.8.1 CRITICAL INCIDENT/STRESS DEBRIEFING A critical incident/stress debriefing should occur as soon as practicable. The Administration and Investigations Bureau Commander is responsible for organizing the debriefing. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event. The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law or a valid court order. Attendance at the debriefing shall only include those members of the Department directly involved in the incident, which can include support personnel (e.g., [dispatchers, other civilian personnel). Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the Department, including supervisory and Professional Standards Unit personnel. 306.8.2 TACTICAL DEBRIEFING A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators. 306.9 MEDIA RELATIONS Any media release shall be prepared with input and concurrence from the supervisor and department representative responsible for each phase of the investigation. Releases will be available to the Watch Commander, Administration and Investigation Bureau Commander and Public Information Officer in the event of inquiries from the media. The Department shall not subject any involved CCPD officer to visits by the media (Government Code § 3303(e)). No involved CCPD officer shall make any comment to the media unless he/ she is authorized by the Chief of Police or a Bureau Commander. Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 306.10 REPORTING If the death of an individual occurs in the Culver City Police Department jurisdiction and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Operations Bureau Commander will ensure that the Records Manager is provided with enough information to meet the reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer-Involved Shootings and Deaths - 85 Policy Culver City Police Department 307 Policy Manual Firearms 307.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training. This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer-Involved Shootings and Deaths policies. This policy only applies to those members who are authorized to carry firearms. 307.2 POLICY The Culver City Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well-armed persons. The Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow. 307.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the Department and have been thoroughly inspected by the Rangemaster. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that make and model of firearm at an authorized department range. All other weapons not provided by the Department, including, but not limited to, edged weapons, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their official duties without the express written authorization of the member’s Bureau Commander. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. 307.3.1 SAFETY CONSIDERATIONS (a) Officers shall not unnecessarily display or handle any firearm. (b) Officers shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Rangemaster. Rangemaster (c) Officers shall not load or unload a firearm anywhere in the Department, except where clearing barrels are present. (d) At start and end of shift, shotguns or rifles removed from vehicles or the primary armory window shall be loaded and unloaded in the parking lot and outside of the vehicle. (e) Officers shall not place or store any firearm on Department premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing a prisoner (except under an emergency situation where lethal force Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 86 Culver City Police Department Policy Manual Firearms is necessary), but shall place all firearms in a secured location. It shall be the responsibility of the releasing officer to make sure that persons from outside agencies do not enter the jail section with any firearm. (f) Any weapon authorized by the department to be carried on duty that is found by the officer to be malfunctioning or needing service, shall not be carried. It shall be promptly presented to the department orRangemaster for inspection. Any weapon determined to be in need of service or repair during an inspection by the department Rangemaster, will be immediately removed from service. If the weapon is a City issued firearm', a replacement weapon will be issued to the officer until the duty weapon is serviceable. 307.3.2 SHOTGUNS The authorized department-issued shotgun is the Benelli model M1 and M2 12 gauge. When not deployed, the shotgun shall be properly secured in a locking weapons rack in the patrol vehicle with the magazine loaded, the action closed on an empty chamber, and the safety in the fire position. 307.3.3 PATROL RIFLES The authorized department-issued patrol rifle is the Colt M4 Commando 5.56mm carbine. The following additional patrol rifles are approved for on-duty use: MAKE MODEL CALIBER H&K MP-5 9mm Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: (a) Situations where the member reasonably anticipates an armed encounter. (b) When a member is faced with a situation that may require accurate and effective fire beyond handgun qualification range. (c) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. (d) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. (e) When a member reasonably believes that a suspect may be wearing body armor. (f) When authorized or requested by a supervisor. (g) When needed to euthanize an animal. When not deployed, the patrol rifle shall be properly secured in a locking weapons rack in the patrol vehicle with the chamber empty, magazine loaded and inserted into the magazine well, the bolt forward with the dust cover closed, the selector lever in the safe position . Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 87 Culver City Police Department Policy Manual Firearms 307.3.4 SUBSECTION TITLE 307.3.5 PERSONALLY OWNED DUTY FIREARMS Members desiring to carry an authorized but personally owned duty firearm must receive written approval from the Chief of Police or the authorized designee. Once approved, personally owned duty firearms are subject to the following restrictions: (a) The firearm shall be in good working order and approved by the Chief of Police or his designee. (b) The firearm shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (c) Prior to carrying the firearm, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the firearm functions properly. (d) Members shall provide written notice of the make, model, serial number and caliber of the firearm to the Rangemaster, who will maintain a list of the information. 307.3.6 AUTHORIZED SECONDARY HANDGUN Members desiring to carry personally owned secondary handguns are subject to the following restrictions: (a) The handgun shall be in good working order and approved by the Chief of Police. (b) The purchase of the handgun and ammunition shall be the responsibility of the member. (c) The handgun should be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control and in a holster that covers the trigger guard. (d) The handgun shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (e) Ammunition shall be the same as department issue. If the caliber of the handgun is other than department issue, the Chief of Police or the authorized designee shall approve the ammunition. (f) Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly. (g) Members shall provide written notice of the make, model, serial number and caliber of a secondary handgun to the Rangemaster, who will maintain a list of the information. 307.3.7 AUTHORIZED OFF-DUTY FIREARMS The carrying of firearms by members while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as peace officers, will be required to meet the following guidelines: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 88 Culver City Police Department Policy Manual Firearms (a) The member may use his/her duty firearm or may use a personally owned firearm that is carried and inspected in accordance with the Personally Owned Duty Firearms requirements in this policy. A member carrying his/her duty firearm will be deemed to have complied with (c), (d) and (e) of this section. 1. The purchase of the personally owned firearm and ammunition shall be the responsibility of the member. (b) The firearm should be carried concealed at all times and in such a manner as to prevent accidental unintentional cocking, discharge or loss of physical control. (c) Members shall only carry factory manufactured ammunition. (d) When armed, officers shall carry their Culver City Police Department identification cards under circumstances requiring possession of such identification. 307.3.8 AMMUNITION Members shall carry only department-authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department-issued firearms during the member’s firearms qualification. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Rangemaster when needed, in accordance with established policy. Members carrying personally owned authorized firearms of a caliber differing from departmentissued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above, at their own expense. 307.4 EQUIPMENT Firearms carried on- or off-duty shall be maintained in a clean, serviceable condition. Maintenance and repair of authorized personally owned firearms are the responsibility of the individual member. 307.4.1 REPAIRS OR MODIFICATIONS Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Rangemaster. Firearms that are the property of the Department may be repaired or modified only by the Rangemaster. Any repairs or modifications to the member’s personally owned firearm shall be done at his/her expense and must be approved by the Rangemaster. 307.4.2 HOLSTERS Only department/Rangemaster-approved holsters shall be used and worn by members. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. 307.4.3 TACTICAL LIGHTS Tactical lights may only be installed on a firearm carried on-duty after they have been approved via the chain of command and examined and approved by the Rangemaster. Once the approved Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 89 Culver City Police Department Policy Manual Firearms tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 307.4.4 OPTICS OR LASER SIGHTS Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the Rangemaster. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 307.5 SAFE HANDLING, INSPECTION AND STORAGE Members shall maintain the highest level of safety when handling firearms and shall consider the following: (a) Members shall not unnecessarily display or handle any firearm. (b) Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Rangemaster. Members shall not dry fire or practice quick draws except while in the firing range during training. (c) Members shall not load or unload a firearm anywhere in the Department, except where clearing barrels are present. (d) At the start and end of shift, shotguns or rifles removed from vehicles or from thearmory window shall be loaded and unloaded in the parking lot and outside of the vehicle, using clearing barrels. (e) Members shall not place or store any firearm or other weapon on department premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing an arrestee (except under an emergency situation where lethal force is necessary), but shall place all firearms in a secured location. Members providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section. (f) Any firearm authorized by the Department to be carried on-duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the DepartmentRangemaster for inspection and repair. Any firearm deemed in need of repair or service by the Rangemaster will be immediately removed from service. If the firearm is the member’s City-issued duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 307.5.1 INSPECTION AND STORAGE Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 90 Culver City Police Department Policy Manual Firearms Shotguns and rifles shall be unloaded in a safe manner outside the building and then stored in the primary armory. 307.5.2 STORAGE AT HOME Members shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department-issued firearms to be handled by anyone not authorized by the Department to do so. Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Penal Code § 25100). 307.5.3 ALCOHOL AND DRUGS Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount of an alcoholic beverage, or has taken any drugs or medication, has taken any combination thereof that would tend to adversely affect the member’s senses or judgment. 307.5.4 STORAGE IN VEHICLES When leaving a handgun in an unattended vehicle, members shall ensure that it is locked in the trunk, or in a locked container which is placed out of view, or in a locked container that is permanently affixed to the vehicle’s interior and not in plain view (Penal Code § 16850; Penal Code § 25140; Penal Code § 25452). Officers are exempt from this requirement during circumstances requiring immediate aid or action in the course of official duties (Penal Code § 25140). 307.6 FIREARMS TRAINING AND QUALIFICATIONS All members who carry a firearm while on-duty are required to successfully complete training with their duty firearms. In addition to training, all members will qualify bi-annually with their duty firearms and secondary firearms at least twice a year. Training and qualifications must be on an approved range course. At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low-light shooting. 307.6.1 NON-CERTIFICATION OR NON-QUALIFICATION Those who fail to qualify on their first shooting attempt shall be provided remedial training and will be subject to the following requirements: (a) Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency. (b) Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c) No range credit will be given for the following: 1. Unauthorized range make-up Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 91 Culver City Police Department Policy Manual Firearms 2. Failure to qualify after remedial training Members who repeatedly fail to meet minimum standards will be removed from field assignmentuntil the member can qualify and demonstrate consistent firearm proficiency. 307.7 FIREARM DISCHARGE Except during training orsporting use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer-Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy. In all other cases, written reports shall be made as follows: (a) If on-duty at the time of the incident, the member shall file a written report with his/her Bureau Commander or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed. (b) If off-duty at the time of the incident, a written report shall be submitted or recorded statement provided no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor. 307.7.1 DESTRUCTION OF ANIMALS Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, TASER® device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical. 307.7.2 INJURED ANIMALS With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical (Penal Code § 597.1(e)). Injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable search to locate the owner has been made (Penal Code § 597.1(b)). Injured dogs and cats found without their owners shall be taken to an appropriate veterinarian for determination of whether they should be treated or humanely destroyed. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 92 Culver City Police Department Policy Manual Firearms 307.7.3 WARNING AND OTHER SHOTS Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective and reasonably safe. Warning shots should not be fired into the air. 307.8 RANGEMASTER DUTIES The range will be under the exclusive control of the Rangemaster. All members attending will follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members attending the range and will submit the roster to the Personnel and Training Lieutenant after each range date. The range shall remain operational and accessible to Department members during hours established by the Department. The Rangemaster has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this department to verify proper operation. The Rangemaster has the authority to deem any department-issued or personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm and it will not be returned to service until inspected by the Rangemaster. The Rangemaster has the responsibility for ensuring each member meets the minimum requirements during qualification shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry. The Rangemaster shall complete and submit to the Personnel and Training Lieutenant documentation of the training courses provided. Documentation shall include a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training. The Rangemaster should keep accurate records of all training shoots, qualifications, or other records as directed by the Personnel and Training Lieutenant. 307.9 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): (a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Department based on the law and published TSA rules. (b) Officers must carry their Culver City Police Department identification card, bearing the officer’s name, a full-face photograph, identification number, the officer’s signature and the signature of the Chief of Police or the official seal of the Department and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver license, passport). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 93 Culver City Police Department Policy Manual Firearms (c) The Culver City Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer’s travel. If approved, TSA will send the Culver City Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d) An official letter signed by the Chief of Police authorizing armed travel may also accompany the officer. The letter should outline the officer’s need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSA training for a law enforcement officer flying while armed. (e) Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department-appointed instructor. (f) It is the officer’s responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check-in at the carrier’s check-in counter. (g) Any officer flying while armed should discreetly contact the flight crew prior to take-off and notify them of his/her assigned seat. (h) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment. (i) Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier. (j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 307.9.1 307.10 CARRYING FIREARMS OUT OF STATE Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B): (a) The officer shall carry his/her Culver City Police Department identification card whenever carrying such firearm. (b) The officer is not the subject of any current disciplinary action. (c) The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. (d) The officer will remain subject to this and all other department policies (including qualifying and training). Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 94 Culver City Police Department Policy Manual Firearms Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Firearms - 95 Policy Culver City Police Department 308 Policy Manual Department Firing Range 308.1 PURPOSE AND SCOPE This policy outlines the parameters of the firing range regarding its use, safety rules, hours of operation and permitted users. The Culver City Police Department firing range is for the personnel of this agency, to advance firearm proficiency and maintain existing skills. It is the intent of this agency to establish a policy that allows for convenient around the clock access and accountability in its use and maintenance. 308.2 RANGE USE (a) The range may not be used alone, personnel must have a "Range Partner" (b) Personnel must obtain Watch Commander's approval, prior to using the range (c) The key for the range door can be obtained from the Watch Commander or Personnel and Training (d) A liability waiver must be signed with the Watch Commander prior to range use (nonemployee only) (e) No eating, drinking, smoking, or chewing tobacco in the range or adjacent offices (f) Only non-toxic, lead free ammunition may be used by persons using the range (g) Leaded ammunition may be used for some department sanctioned shoots (h) The trap will accommodate projectiles from a .22 handgun to high powered rifles (i) Pellet and BB guns are not permitted (j) Only 00 buckshot and slugs may be fired through shotguns (NO BIRDSHOT) (k) Be sure your firearms are safe and operational (l) Turn on the ventilation fan upon entry to range (m) All range users are personally responsible for safety on the range (n) Do not place target stands between the red line and the trap (o) Firing is only allowed downrange of the green line (p) All City brass is property of the City and will be sold to offset operating costs (q) Personnel are accountable to clean range floor and cleaning room after each use (r) Place target stands and target frames back in an orderly manner (s) To reduce airborne debris, use HEPA vacuum to clean the floor (t) Report any damage to the Watch Commander immediately Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Department Firing Range - 96 Culver City Police Department Policy Manual Department Firing Range (u) When done on the range, the inspecting Watch Commander or designee will "sign off" the Range Log (v) Any damages to any portion of the range will be documented on an Officer's Report and forwarded to the Assistant Chief of Police. (w) When done, shut down the ventilation fan, turn off all range lights, close and lock the hallway range door 308.2.1 SAFETY RULES (a) Treat every firearm as if it were loaded (b) Always keep the muzzle pointed in a safe direction (c) Keep your finger outside the trigger guard until you are ready to fire (d) Be sure of your target and what is beyond it (e) Always wear proper eye and ear protection (f) Before and during firing, know where others are at all times (g) Only use paper targets and supplied target stands (h) Never attempt to catch a falling or dropped firearm (i) Never handle live weapons or shoot on the range alone (j) Before walking down range announce your intent 308.2.2 HOURS OF OPERATION The firing range will be open around the clock to allow all shifts convenient access to train and practice in firearms. Some "Black-Out" times may occur during station meetings or in-house training, where the reverberation of gunfire may be a distraction. 308.2.3 PERMITTED USERS All members of the Police Department, who are in good standing, are allowed to utilize the firing range with the approval of the Watch Commander or his/her designee. Guests of Police Department employees may be permitted to utilize the firing range with the approval of the Watch Commander and accompanied by a member of this Department. Non Sworn employees must, prior to using the range, demonstrate to a sworn member of the department a working knowledge of the firearm(s) they are going to use, and show they are proficient in the use of said firearm(s). Minor guests shall be supervised at all times by qualified Police Department personnel. Outside police agencies may use the firing range with the approval of the Chief of Police or his designee. All guests shall sign a City liability waiver with the Watch Commander. The Range Liability Waiver can be found in the Department network in the "CCPD Resources" folder. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Department Firing Range - 97 Policy Culver City Police Department 309 Policy Manual Vehicle Pursuits 309.1 PURPOSE AND SCOPE Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk of serious injury or death. The primary purpose of this policy is to provide officers with guidance in balancing the safety of the public and themselves against law enforcement's duty to apprehend violators of the law. Another purpose of this policy is to reduce the potential for pursuit-related collisions. Vehicular pursuits require officers to exhibit a high degree of common sense and sound judgment. Officers must not forget that the immediate apprehension of a suspect is generally not more important than the safety of the public and pursuing officers. Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and under difficult and unpredictable circumstances. In recognizing the potential risk to public safety created by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a vehicular pursuit because of the risk involved. This includes circumstances where department policy would permit the initiation or continuation of the pursuit. It is recognized that vehicular pursuits are not always predictable and decisions made pursuant to this policy will be evaluated according to the totality of the circumstances reasonably available at the time of the pursuit. Officers must remember that the most important factors to the successful conclusion of a pursuit are proper self-discipline and sound professional judgment. Officer's conduct during the course of a pursuit must be objectively reasonable; that is, what a reasonable officer would do under the circumstances. An unreasonable individual’s desire to apprehend a fleeing suspect at all costs has no place in professional law enforcement. 309.1.1 VEHICLE PURSUIT DEFINED A vehicle pursuit is an event involving one or more law enforcement officers attempting to apprehend a suspect, who is attempting to avoid arrest while operating a motor vehicle by using high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to an officer’s signal to stop. 309.2 OFFICER RESPONSIBILITIES It shall be the policy of this department that a vehicle pursuit shall be conducted only with red light and siren as required by Vehicle Code § 21055 for exemption from compliance with the rules of the road. The following policy is established to provide officers with guidelines for driving with due regard and caution for the safety of all persons using the highway as required by Vehicle Code § 21056. 309.2.1 WHEN TO INITIATE A PURSUIT Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect is attempting to evade arrest or detention by fleeing in a vehicle. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 98 Culver City Police Department Policy Manual Vehicle Pursuits The following factors individually and collectively shall be considered in deciding whether to initiate a pursuit: (a) Seriousness of the known or reasonably suspected crime and its relationship to community safety. (b) The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists and others. (c) Apparent nature of the fleeing suspects (e.g., whether the suspects represent a serious threat to public safety). (d) The identity of the suspects has been verified and there is comparatively minimal risk in allowing the suspects to be apprehended at a later time. (e) Safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic and the speed of the pursuit relative to these factors. (f) Pursuing officers familiarity with the area of the pursuit, the quality of radio communications between the pursuing units and the dispatcher/supervisor and the driving capabilities of the pursuing officers under the conditions of the pursuit. (g) Weather, traffic and road conditions that substantially increase the danger of the pursuit beyond the worth of apprehending the suspect. (h) Performance capabilities of the vehicles used in the pursuit in relation to the speeds and other conditions of the pursuit. (i) Vehicle speeds. (j) Other persons in or on the pursued vehicle (e.g., passengers, co-offenders and hostages). (k) Availability of other resources such as helicopter assistance. (l) The police unit is carrying passengers other than police officers. Pursuits should not be undertaken with a prisoner in the police vehicle. 309.2.2 WHEN TO TERMINATE A PURSUIT Pursuits should be discontinued whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect’s escape. The factors listed in When to Initiate a Pursuit of this policy are expressly included herein and will apply equally to the decision to discontinue as well as the decision to initiate a pursuit. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists and themselves when electing to continue a pursuit. In Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 99 Culver City Police Department Policy Manual Vehicle Pursuits the context of this policy, the term “terminate” shall be construed to mean discontinue or to stop chasing the fleeing vehicle. In addition to the factors listed in When to Initiate a Pursuit of this policy, the following factors should also be considered in deciding whether to terminate a pursuit: (a) Distance between the pursuing officers and the fleeing vehicle is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time and/or distance. (b) Pursued vehicle’s location is no longer definitely known. (c) Officer’s pursuit vehicle sustains any type of damage that renders it unsafe to drive. (d) Extended pursuits of violators for misdemeanors not involving violence or risk of serious harm (independent of the pursuit) are discouraged. (e) There are hazards to uninvolved bystanders or motorists. (f) If the identity of the offender is known and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit, officers should strongly consider discontinuing the pursuit and apprehending the offender at a later time. (g) Pursuit is terminated by a supervisor. 309.2.3 SPEED LIMITS The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer safety and the safety of the occupants of the fleeing vehicle. Should high vehicle speeds be reached during a pursuit, officers and supervisors shall also consider these factors when determining the reasonableness of the speed of the pursuit: (a) Pursuit speeds have become unreasonably unsafe for the surrounding conditions. (b) Pursuit speeds have exceeded the driving ability of the officer. (c) Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its operation unsafe. 309.3 PURSUIT UNITS Pursuit units should be limited to three vehicles (two units and a supervisor); however, the number of units involved will vary with the circumstances. An officer or supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it appears that the number of officers involved would be insufficient to safely arrest the suspects. All other officers should stay out of the pursuit, but should remain alert to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed to the termination point at legal speeds, following the appropriate rules of the road. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 100 Culver City Police Department Policy Manual Vehicle Pursuits 309.3.1 MOTORCYCLE OFFICERS A distinctively marked patrol vehicle equipped with emergency overhead lighting should replace a police motorcycle as primary and/or secondary pursuit unit as soon as practical. 309.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT Vehicles not equipped with red light and siren are generally prohibited from initiating or joining in any pursuit. Officers in such vehicles, however, may become involved in emergency activities involving serious crimes or life threatening situations. Those officers should terminate their involvement in any pursuit immediately upon arrival of a sufficient number of emergency police vehicles or any police helicopter. The exemptions provided by Vehicle Code § 21055 do not apply to officers using vehicles without emergency equipment. 309.3.3 PRIMARY UNIT RESPONSIBILITIES The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for the conduct of the pursuit unless it is unable to remain reasonably close enough to the violator’s vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the suspects without unreasonable danger to him/herself or other persons. Notify Dispatch that a vehicle pursuit has been initiated and as soon as practicable provide information including, but not limited to: (a) Reason for the pursuit. (b) Location and direction of travel. (c) Speed of the fleeing vehicle. (d) Description of the fleeing vehicle and license number, if known. (e) Number of known occupants. (f) The identity or description of the known occupants. (g) Information concerning the use of firearms, threat of force, injuries, hostages or other unusual hazards. Unless relieved by a supervisor or secondary unit, the officer in the primary unit shall be responsible for the broadcasting of the progress of the pursuit. Unless practical circumstances indicate otherwise, and in order to concentrate on pursuit driving, the primary officer should relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or aircraft joining the pursuit. 309.3.4 SECONDARY UNITS RESPONSIBILITIES The second officer in the pursuit is responsible for the following: (a) The officer in the secondary unit should immediately notify the dispatcher of entry into the pursuit. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 101 Culver City Police Department Policy Manual Vehicle Pursuits (b) Remain a safe distance behind the primary unit unless directed to assume the role of primary officer, or if the primary unit is unable to continue the pursuit. (c) The secondary officer should be responsible for broadcasting the progress of the pursuit unless the situation indicates otherwise. 309.3.5 PURSUIT DRIVING TACTICS The decision to use specific driving tactics requires the same assessment of considerations outlined in the factors to be considered concerning pursuit initiation and termination. The following are tactics for units involved in the pursuit: (a) Officers, considering their driving skills and vehicle performance capabilities, will space themselves from other involved vehicles such that they are able to see and avoid hazards or react safely to maneuvers by the fleeing vehicle. (b) Because intersections can present increased risks, the following tactics should be considered: (c) 1. Available units not directly involved in the pursuit may proceed safely to controlled intersections ahead of the pursuit in an effort to warn cross traffic. 2. Pursuing units should exercise due caution when proceeding through controlled intersections. As a general rule, officers should not pursue a vehicle driving left of center (wrong way) on a freeway. In the event that the pursued vehicle does so, the following tactics should be considered: 1. Requesting assistance from an air unit. 2. Maintaining visual contact with the pursued vehicle by paralleling it on the correct side of the roadway. 3. Requesting other units to observe exits available to the suspects. (d) Notifying the California Highway Patrol (CHP) and/or other jurisdictional agency if it appears that the pursuit may enter their jurisdiction. (e) Officers involved in a pursuit should not attempt to pass other units unless the situation indicates otherwise or they are requested to do so by the primary unit. 309.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT There should be no paralleling of the pursuit route. Officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Officers should remain in their assigned area and should not become involved with the pursuit unless directed otherwise by a supervisor. Non-pursuing personnel needed at the termination of the pursuit should respond in a nonemergency manner, observing the rules of the road. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 102 Culver City Police Department Policy Manual Vehicle Pursuits The primary and secondary units should be the only units operating under emergency conditions (red light and siren) unless other units are assigned to the pursuit. 309.3.7 PURSUIT TRAILING In the event the initiating unit from this agency either relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the termination point in order to provide necessary information and assistance for the arrest of the suspects. The term trail means to follow the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of participation in the pursuit. 309.3.8 AIRCRAFT ASSISTANCE When available, aircraft assistance should be requested. Once the air unit has established visual contact with the pursued vehicle, officers and supervisors should consider allowing the air unit to assume control over the pursuit. The primary and secondary ground units should consider the participation of aircraft assistance when determining whether to continue the pursuit. When practical, the air unit should coordinate the activities of resources on the ground, report progress of the pursuit and provide officers and supervisors with details of upcoming traffic congestion, road hazards, or other pertinent information to evaluate whether or not to continue the pursuit. If ground units are not within visual contact and the air unit determines that it is unsafe to continue the pursuit, the supervisor should consider terminating the pursuit. 309.4 SUPERVISORY CONTROL AND RESPONSIBILITY It is the policy of this department that available supervisory and management control will be exercised over all vehicle pursuits involving officers from this department. The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor will be responsible for the following: (a) Upon becoming aware of a pursuit, immediately ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the pursuit in order to ensure that the pursuit is conducted within established department guidelines. (b) Engaging in the pursuit, when appropriate, to provide on-scene supervision. (c) Exercising management and control of the pursuit even if not engaged in it. (d) Ensuring that no more than the number of required police units needed are involved in the pursuit under the guidelines set forth in this policy. (e) Directing that the pursuit be terminated if, in his/her judgment, it is unjustified to continue the pursuit under the guidelines of this policy. (f) Ensuring that aircraft are requested if available. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 103 Culver City Police Department Policy Manual Vehicle Pursuits (g) Ensuring that the proper radio channel is being used. (h) Ensuring the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this agency. (i) Controlling and managing CCPD units when a pursuit enters another jurisdiction. (j) Preparing post-pursuit critique and analysis of the pursuit for training purposes. 309.4.1 WATCH COMMANDER RESPONSIBILITY Upon becoming aware that a pursuit has been initiated, the Watch Commander should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Watch Commander has the final responsibility for the coordination, control and termination of a vehicle pursuit and shall be in overall command. The Watch Commander shall review all pertinent reports for content and forward to the Bureau Commander. 309.5 COMMUNICATIONS If the pursuit is confined within the City limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or communications dispatcher. If the pursuit leaves the jurisdiction of this department or such is imminent, involved units should, whenever available, switch radio communications to an emergency channel most accessible by participating agencies and units. 309.5.1 COMMUNICATION CENTER RESPONSIBILITIES Upon notification that a pursuit has been initiated, Dispatch will: (a) Coordinate pursuit communications of the involved units and personnel. (b) Notify and coordinate with other involved or affected agencies as practicable. (c) Ensure that a field supervisor is notified of the pursuit. (d) Assign an incident number and log all pursuit activities. (e) Broadcast pursuit updates as well as other pertinent information as necessary. (f) Notify the Watch Commander as soon as practicable. 309.5.2 LOSS OF PURSUED VEHICLE When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist other units in locating suspects. The primary unit will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot. 309.6 INTER-JURISDICTIONAL CONSIDERATIONS When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking into consideration distance traveled, unfamiliarity with the area and other pertinent facts, should determine whether to request the other agency to assume the pursuit. Unless entry into another Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 104 Culver City Police Department Policy Manual Vehicle Pursuits jurisdiction is expected to be brief, it is generally recommended that the primary officer or supervisor ensure that notification is provided to each outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether such jurisdiction is expected to assist. 309.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY Units originally involved will discontinue the pursuit when advised that another agency has assumed the pursuit and assistance of the Culver City Police Department is no longer needed. Upon discontinuing the pursuit, the primary unit may proceed upon request, with or at the direction of a supervisor, to the termination point to assist in the investigation. The role and responsibilities of officers at the termination of a pursuit initiated by this department shall be coordinated with appropriate consideration of the units from the agency assuming the pursuit. Notification of a pursuit in progress should not be construed as a request to join the pursuit. Requests to or from another agency to assume a pursuit should be specific. Because of communication limitations between local agencies and CHP units, a request for CHP assistance will mean that they will assume responsibilities for the pursuit. For the same reasons, when a pursuit leaves the freeway and a request for assistance is made to this department, the CHP should relinquish control. 309.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this department should not join a pursuit unless specifically requested to do so by the agency whose officers are in pursuit. The exception to this is when a single unit from the initiating agency is in pursuit. Under this circumstance, a unit from this department may join the pursuit until sufficient units from the initiating agency join the pursuit. When a request is made for this department to assist or take over a pursuit from another agency that has entered this jurisdiction, the supervisor should consider these additional following factors: (a) Ability to maintain the pursuit (b) Circumstances serious enough to continue the pursuit (c) Adequate staffing to continue the pursuit (d) The public's safety within this jurisdiction (e) Safety of the pursuing officers As soon as practicable, a supervisor or the Watch Commander should review a request for assistance from another agency. The Watch Commander or supervisor, after consideration of the above factors, may decline to assist in, or assume the other agency’s pursuit. Assistance to a pursuing allied agency by officers of this department will terminate at the City limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing participation from this department may continue only until sufficient assistance is present. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 105 Culver City Police Department Policy Manual Vehicle Pursuits In the event that a pursuit from another agency terminates within this jurisdiction, officers shall provide appropriate assistance to officers from the allied agency including, but not limited to, scene control, coordination and completion of supplemental reports and any other assistance requested or needed. 309.7 PURSUIT INTERVENTION Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in a motor vehicle through tactical application of technology, road spikes, blocking, boxing, PIT (Pursuit Intervention Technique), ramming or roadblock procedures. In this context, ramming shall be construed to mean maneuvering the police unit into contact with the pursued vehicle to mechanically disable or forcibly position it such that further flight is not possible or practicable. 309.7.1 WHEN USE IS AUTHORIZED Use of pursuit intervention tactics should be employed only after approval of a supervisor. In deciding whether to use intervention tactics, officers/supervisors should balance the risks of allowing the pursuit to continue with the potential hazards arising from the use of each tactic to the public, the officers and persons in or on the pursued vehicle. With these risks in mind, the decision to use any intervention tactic should be reasonable in light of the circumstances confronting the officer at the time of the decision. It is imperative that officers act within the bounds of legality, good judgment and accepted practices. 309.7.2 DEFINITIONS Blocking or vehicle intercept - A slow-speed coordinated maneuver where two or more patrol vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which may be unaware of the impending enforcement stop, with the goal of containment and preventing a pursuit. Blocking is not a moving or stationary road block. Boxing-in - A tactic designed to stop a violator’s vehicle by surrounding it with law enforcement vehicles and then slowing all vehicles to a stop. Pursuit Intervention Technique (PIT) - A low-speed maneuver designed to cause the suspect vehicle to spin out and terminate the pursuit. Ramming - The deliberate act of impacting a violator’s vehicle with another vehicle to functionally damage or otherwise force the violator’s vehicle to stop. Roadblocks - A tactic designed to stop a violator’s vehicle by intentionally placing an emergency vehicle or other immovable object in the path of the violator’s vehicle. Spikes or tack strips - A device that extends across the roadway designed to puncture the tires of the pursued vehicle. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 106 Culver City Police Department Policy Manual Vehicle Pursuits 309.7.3 USE OF FIREARMS The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves all the dangers associated with discharging firearms. Officers should not utilize firearms during an ongoing pursuit unless the conditions and circumstances dictate that such use reasonably appears necessary to protect life. Nothing in this section shall be construed to prohibit any officer from using a firearm to stop a suspect from using a vehicle as a deadly weapon. 309.7.4 INTERVENTION STANDARDS Any pursuit intervention tactic, depending upon the conditions and circumstances under which it is used, may present dangers to the officers, the public or anyone in or on the vehicle being pursued. Certain applications of intervention tactics may be construed to be a use of deadly force and subject to the requirements for such use. Officers shall consider these facts and requirements prior to deciding how, when, where and if an intervention tactic should be employed. (a) Blocking or vehicle intercept should only be considered in cases involving felony suspects or impaired drivers who pose a threat to public safety when officers reasonably believe that attempting a conventional enforcement stop will likely result in the driver attempting to flee in the vehicle. Because of the potential risks involved, this technique should only be employed by officers who have received training in such tactics after giving consideration to the following: 1. The need to immediately stop the suspect vehicle or prevent it from leaving substantially outweighs the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public. 2. All other reasonable intervention techniques have failed or reasonably appear ineffective. 3. Employing the blocking maneuver does not unreasonably increase the risk to officer safety. 4. The target vehicle is stopped or traveling at a low speed. 5. At no time should civilian vehicles be used to deploy this technique. (b) Only those officers trained in the use of the Pursuit Intervention Technique (PIT) will be authorized to use this procedure and only then with approval of a supervisor upon consideration of the circumstances and conditions presented at the time, including the potential for risk of injury to officers, the public and occupants of the pursued vehicle. (c) Ramming a fleeing vehicle should be done only after other reasonable tactical means at the officer's disposal have been exhausted. This tactic should be reserved for situations where there does not appear to be another reasonable alternative method. This policy is an administrative guide to direct officers in their decision-making process before ramming another vehicle. When ramming is used as a means to stop a fleeing vehicle, one or more of the following factors should be present: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 107 Culver City Police Department Policy Manual Vehicle Pursuits 1. The suspect is an actual or suspected felon who reasonably appears to represent a serious threat to the public if not apprehended. 2. The suspect is driving with willful or wanton disregard for the safety of other persons or is driving in a reckless and life-endangering manner. 3. If there does not reasonably appear to be a present or immediately foreseeable serious threat to the public, the use of ramming is not authorized. (d) As with all intervention techniques, pursuing officers should obtain supervisor approval before attempting to box a suspect vehicle during a pursuit. The use of such a technique must be carefully coordinated with all involved units, taking into consideration the circumstances and conditions presented at the time as well as the potential risk of injury to officers, the public and occupants of the pursued vehicle. (e) The use of spike strips should be approved in advance by a supervisor and deployed only when it is reasonably certain that only the pursued vehicle will be affected by their use. Officers should carefully consider the limitations of such devices as well as the potential risks to officers, the public and occupants of the pursued vehicle. If the pursued vehicle is a motorcycle, a vehicle transporting hazardous materials, or a school bus transporting children, officers and supervisors should weigh the potential consequences against the need to immediately stop the vehicle. (f) Because roadblocks involve a potential for serious injury or death to occupants of the pursued vehicle if the suspect does not stop, the intentional placement of roadblocks in the direct path of a pursued vehicle is generally discouraged and should not be deployed without prior approval of a supervisor and only then under extraordinary conditions when all other reasonable intervention techniques have failed or reasonably appear ineffective and the need to immediately stop the pursued vehicle substantially outweighs the risks of injury or death to occupants of the pursued vehicle, officers or other members of the public. 309.7.5 CAPTURE OF SUSPECTS Proper self-discipline and sound professional judgment are the keys to a successful conclusion of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force, which reasonably appears necessary under the circumstances, to properly perform their lawful duties. Unless relieved by a supervisor, the primary officer should coordinate efforts to apprehend the suspects following the pursuit. Officers should consider safety of the public and the involved officers when formulating plans to contain and capture the suspects. 309.8 REPORTING REQUIREMENTS The following reports should be completed upon conclusion of all pursuits: (a) The primary officer should complete appropriate crime/arrest reports. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 108 Culver City Police Department Policy Manual Vehicle Pursuits (b) The Watch Commander shall ensure that an Allied Agency Vehicle Pursuit Report (form CHP 187A) is filed with the CHP not later than 30 days following the pursuit (Vehicle Code § 14602.1). The primary officer should complete as much of the required information on the form as is known and forward the report to the Watch Commander for review and distribution. (c) After first obtaining the available information, a field supervisor shall promptly complete a Supervisor's Log, briefly summarizing the pursuit, and submit it to his/her manager. This log should minimally contain the following information: 1. Date and time of pursuit 2. Length of pursuit 3. Involved units and officers 4. Initial reason for pursuit 5. Starting and termination points 6. Disposition (arrest, citation), including arrestee information if applicable 7. Injuries and/or property damage 8. Medical treatment 9. Name of supervisor at scene 10. A preliminary determination whether the pursuit appears to be in compliance with this policy and whether additional review or follow-up is warranted 309.8.1 REGULAR AND PERIODIC PURSUIT TRAINING In addition to initial and supplementary Police Officer Standard Training (POST) training on pursuits required by Penal Code § 13519.8, all sworn members of this department will participate no less than annually in regular and periodic department training addressing this policy and the importance of vehicle safety and protecting the public at all times, including a recognition of the need to balance the known offense and the need for immediate capture against the risks to officers and others (Vehicle Code § 17004.7(d)). 309.8.2 POLICY REVIEW Each sworn member of this department shall certify in writing that they have received, read and understand this policy initially and upon any amendments. The POST attestation form, or an equivalent form, may be used to document the compliance and should be retained in the member’s training file. 309.9 APPLICATION OF VEHICLE PURSUIT POLICY This policy is expressly written and adopted pursuant to the provisions of Vehicle Code § 17004.7, with additional input from the POST Vehicle Pursuit Guidelines. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Pursuits - 109 Policy Culver City Police Department 310 Policy Manual Officer Response to Calls 310.1 PURPOSE AND SCOPE This policy provides for the safe and appropriate response to emergency and non-emergency situations whether dispatched or self-initiated. 310.2 RESPONSE TO CALLS Officers dispatched "Code-3" shall consider the call an emergency response and proceed immediately. Officers responding Code-3 shall continuously operate emergency lighting equipment, including at minimum a steady forward facing red light, and shall sound the siren as reasonably necessary pursuant to Vehicle Code § 21055. Responding with emergency light(s) and siren does not relieve the officer of the duty to continue to drive with due regard for the safety of all persons. The use of any other warning equipment without a red light and siren does not provide any exemption from the Vehicle Code. Officers should only respond Code-3 when authorized or when circumstances reasonably indicate an emergency response is required. Officers not authorized to respond Code-3 shall observe all traffic laws and proceed without the use of emergency lights and siren. 310.3 REQUESTING EMERGENCY ASSISTANCE Requests for emergency assistance should be limited to those situations where the involved personnel reasonably believe that there is an immediate threat to the safety of officers, or assistance is needed to prevent imminent serious harm to a citizen. In any event, where a situation has stabilized and emergency response is not required, the requesting officer shall immediately notify Dispatch. If circumstances permit, the requesting officer should give the following information: • The unit number • The location • The reason for the request and type of emergency • The number of units required 310.4 INITIATING CODE 3 RESPONSE If an officer believes a Code-3 response to any call is appropriate, the officer shall notify the Communications Center when reasonably practical. Should another officer believe a code-3 response is appropriate, dispatch shall be notified as soon as practical and the Watch Commander or supervisor will make the determination as to whether one or more officers driving Code-3 is appropriate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer Response to Calls - 110 Culver City Police Department Policy Manual Officer Response to Calls 310.5 RESPONSIBILITIES OF RESPONDING OFFICERS Officers shall exercise sound judgment and care with due regard for life and property when responding to an emergency call. Officers shall reduce speed at all street intersections to such a degree that they shall have complete control of the vehicle. The decision to continue a Code-3 response is at the discretion of the officer. If, in the officer's judgment, the roadway conditions or traffic congestion does not permit such a response without unreasonable risk, the officer may elect to respond to the call without the use of red lights and siren at the legal speed limit. In such an event, the officer should immediately notify Dispatch. An officer shall also discontinue the Code-3 response when directed by a supervisor. Upon receiving authorization or determining a Code-3 response is appropriate, an officer shall immediately give the location from which he/she is responding. 310.6 COMMUNICATIONS RESPONSIBILITIES A dispatcher shall assign a Code-3 response when an officer requests emergency assistance or available information reasonably indicates that the public is threatened with serious injury or death and immediate police response is needed. In all other circumstances, the dispatcher shall obtain authorization from the Watch Commander or a field supervisor prior to assigning units Code-3 . The dispatcher shall: (a) Attempt to assign the closest available unit to the location requiring assistance (b) Immediately notify the Watch Commander (c) Confirm the location from which the unit is responding (d) Notify and coordinate allied emergency services (e.g., fire and ambulance) (e) Continue to obtain and broadcast information as necessary concerning the response and monitor the situation until it is stabilized or terminated (f) Control all radio communications during the emergency and coordinate assistance under the direction of the Watch Commander or field supervisor 310.7 SUPERVISORY RESPONSIBILITIES Upon being notified that a Code-3 response has been initiated, the Watch Commander or the field supervisor shall verify the following: (a) The proper response has been initiated (b) No more than those units reasonably necessary under the circumstances are involved in the response (c) Affected outside jurisdictions are being notified as practical The field supervisor shall monitor the response until it has been stabilized or terminated and assert control by directing units into or out of the response if necessary. If, in the supervisor's judgment, Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer Response to Calls - 111 Culver City Police Department Policy Manual Officer Response to Calls the circumstances require additional units to be assigned a Code-3 response, the supervisor may do so. It is the supervisor's responsibility to terminate a Code-3 response that, in his/her judgment is inappropriate due to the circumstances. When making the decision to authorize a Code-3 response, the Watch Commander or the field supervisor should consider the following: • The type of call • The necessity of a timely response • Traffic and roadway conditions • The location of the responding units 310.8 FAILURE OF EMERGENCY EQUIPMENT If the emergency equipment on the vehicle should fail to operate, the officer must terminate the Code-3 response and respond accordingly. In all cases, the officer shall notify the Watch Commander, field supervisor, or Dispatch of the equipment failure so that another unit may be assigned to the emergency response. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Officer Response to Calls - 112 Policy Culver City Police Department 311 Policy Manual Canines 311.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of canines to augment police services to the community including, but not limited to locating individuals and contraband and apprehending criminal offenders. 311.2 POLICY It is the policy of the Culver City Police Department that handlers and canines meet and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement objectives. 311.3 ASSIGNMENT Canine teams should be assigned to assist and supplement the Operations Bureau to function primarily in assist or cover assignments. However, they may be assigned by the Watch Commander to other functions, such as routine calls for service, based on the current operational needs. 311.4 CANINE COORDINATOR The canine coordinator shall be appointed by and directly responsible to the Operations Bureau or the authorized designee. The responsibilities of the coordinator include, but are not limited to: (a) Reviewing all canine use reports to ensure compliance with policy and to identify training issues and other needs of the program. (b) Maintaining a liaison with the vendor kennel. (c) Maintaining a liaison with command staff and functional supervisors. (d) Maintaining a liaison with other agency canine coordinators. (e) Maintaining accurate records to document canine activities. (f) Recommending and overseeing the procurement of equipment and services for the teams of handlers and canines. (g) Scheduling all canine-related activities. (h) Ensuring the canine teams are scheduled for regular training to maximize their capabilities. 311.5 REQUESTS FOR CANINE TEAMS Operations Bureau members are encouraged to request the use of a canine. Requests for a canine team from department units outside of the Operations Bureau should be reviewed by the Watch Commander. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Canines - 113 Culver City Police Department Policy Manual Canines 311.5.1 OUTSIDE AGENCY REQUEST All requests for canine assistance from outside agencies must be approved by the Watch Commander or canine coordinator and are subject to the following: (a) Canine teams shall not be used for any assignment that is not consistent with this policy. (b) It shall be the responsibility of the canine handler to coordinate operations with agency personnel in order to minimize the risk of unintended injury. (c) It shall be the responsibility of the canine handler to complete all necessary reports or as directed. 311.5.2 PUBLIC DEMONSTRATIONS All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine coordinator prior to making any resource commitment. The canine coordinator is responsible for obtaining resources and coordinating involvement in the demonstration to include proper safety protocols. Canine handlers shall not demonstrate any apprehension work unless authorized to do so by the canine coordinator. 311.6 APPREHENSION GUIDELINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has either committed, is committing or threatening to commit any serious offense and if any of the following conditions exist: (a) There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officer or the handler. (b) The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c) The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine Absent a reasonable belief that a suspect has committed, is committing or is threatening to commit a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall not serve as the basis for the use of a canine to apprehend a suspect. Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those identified above requires approval from the Watch Commander. Absent a change in circumstances that present an imminent threat to officers, the canine or the public, such canine use should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual. In all applications, once the suspect has been located and no longer reasonably appears to present a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably practicable. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Canines - 114 Culver City Police Department Policy Manual Canines If the canine has apprehended the suspect with a secure bite, and the handler believes that the suspect no longer poses a threat, the handler should promptly command the canine to release the suspect. 311.6.1 PREPARATION FOR DEPLOYMENT Prior to the use of a canine to search for or apprehend any suspect, the canine handler and/or the supervisor on-scene should carefully consider all pertinent information reasonably available at the time. The information should include, but is not limited to: (a) The nature and seriousness of the suspected offense. (b) Whether violence or weapons were used or are anticipated. (c) The degree of resistance or threatened resistance, if any, the suspect has shown. (d) The suspect’s known or perceived age. (e) The potential for injury to officers or the public caused by the suspect if the canine is not utilized. (f) Any potential danger to the public and/or other officers at the scene if the canine is released. (g) The potential for the suspect to escape or flee if the canine is not utilized. As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved members to minimize the risk of unintended injury. It is the canine handler’s responsibility to evaluate each situation and determine whether the use of a canine is appropriate and reasonable. The canine handler shall have the authority to decline the use of the canine whenever he/she deems deployment is unsuitable. A supervisor who is sufficiently apprised of the situation may prohibit deploying the canine. Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. 311.6.2 WARNINGS AND ANNOUNCEMENTS Unless it would increase the risk of injury or escape, a clearly audible warning announcing that a canine will be used if the suspect does not surrender should be made prior to releasing a canine. The handler should allow a reasonable time for a suspect to surrender and should quiet the canine momentarily to listen for any verbal response to the warning. If feasible, other members should be in a location opposite the warning to verify that the announcement could be heard. If available, warnings given in other languages should be used as necessary. When feasible, a helicopter should be used to give a canine announcement. If a warning is not to be given, the canine handler, when practicable, should first advise the supervisor of his/her decision before releasing the canine. In the event of an apprehension, the handler shall document in any related report how the warning was given and, if none was given, the reasons why. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Canines - 115 Culver City Police Department Policy Manual Canines 311.6.3 REPORTING DEPLOYMENTS, BITES AND INJURIES Whenever a canine deployment results in a bite or causes injury to an intended suspect, a supervisor should be promptly notified and the injuries documented in a canine incident report. The injured person shall be promptly treated by emergency medical services personnel and, if appropriate, transported to an appropriate medical facility for further treatment. The deployment and injuries should also be included in any related incident or arrest report. Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly reported to the Watch Commander and canine coordinator. Unintended bites or injuries caused by a canine should be documented in an administrative report, not in a canine use report. If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both the individual’s injured and uninjured areas shall be photographed as soon as practicable after first tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current department evidence procedures. The photographs shall be retained until the criminal proceeding is completed and the time for any related civil proceeding has expired. Canines used by law enforcement agencies are generally exempt from impoundment and reporting requirements. However, the canine shall be made available for examination at any reasonable time if requested by the local health department. The canine handler shall also notify the local health department if the canine exhibits any abnormal behavior after a bite (Health and Safety Code § 121685). 311.7 NON-APPREHENSION GUIDELINES Properly trained canines may be used to track or search for non-criminals (e.g., lost children, individuals who may be disoriented or in need of medical attention). The canine handler is responsible for determining the canine’s suitability for such assignments based on the conditions and the particular abilities of the canine. When the canine is deployed in a search or other nonapprehension operation, the following guidelines apply. (a) Absent a change in circumstances that present an immediate threat to officers, the canine or the public, such applications should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual, if located. (b) Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. (c) Throughout the deployment the handler should periodically give verbal assurances that the canine will not bite or hurt the individual and encourage the individual to make him/herself known. (d) Once the individual has been located, the handler should place the canine in a down-stay or otherwise secure it as soon as reasonably practicable. 311.7.1 ARTICLE DETECTION A canine trained to find objects or property related to a person or crime may be used to locate or identify articles. A canine search should be conducted in a manner that minimizes the likelihood of unintended bites or injuries. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Canines - 116 Culver City Police Department Policy Manual Canines 311.7.2 NARCOTICS DETECTION A canine trained in narcotics detection may be used in accordance with current law and under certain circumstances, including: (a) The search of vehicles, buildings, bags and other articles. (b) Assisting in the search for narcotics during a search warrant service. (c) Obtaining a search warrant by using the narcotics-detection trained canine in support of probable cause. 311.8 HANDLER SELECTION The minimum qualifications for the assignment of canine handler include: (a) An officer who is currently off training. (b) Residing in an adequately fenced, single-family residence (minimum 5-foot high fence with locking gates). (c) A garage that can be secured and accommodate a canine vehicle. (d) Agreeing to be assigned to the position for a minimum of four years. 311.9 HANDLER RESPONSIBILITIES The canine handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection and healthy living conditions. The canine handler will be responsible for the following: (a) Except as required during appropriate deployment, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm. (b) The handler shall maintain all department equipment under his/her control in a clean and serviceable condition. (c) When not in service, the handler shall maintain the canine vehicle in a locked garage, away from public view. (d) Handlers shall permit the canine coordinator to conduct spontaneous on-site inspections of affected areas of their homes as well as their canine vehicles to verify that conditions and equipment conform to this policy. (e) Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the canine coordinator as soon as possible. (f) When off-duty, the canine shall be in a kennel provided by the City at the home of the handler. When a canine is kenneled at the handler’s home, the gate shall be secured with a lock. When off-duty, the canine may be let out of the kennel while under the direct control of the handler. (g) The canine should be permitted to socialize in the home with the handler’s family for short periods of time and under the direct supervision of the handler. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Canines - 117 Culver City Police Department Policy Manual Canines (h) Under no circumstances will the canine be lodged at another location unless approved by the canine coordinator or Watch Commander. (i) When off-duty, the handler shall not involve the canine in any law enforcement activity or official conduct unless approved in advance by the canine coordinator or Watch Commander. (j) Whenever a canine handler is off-duty for an extended number of days, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the canine coordinator so that appropriate arrangements can be made. 311.9.1 CANINE IN PUBLIC AREAS The canine should be kept on a leash when in areas that allow access to the public. Exceptions to this rule would include specific law enforcement operations for which the canine is trained. (a) A canine shall not be left unattended in any area to which the public may have access. (b) When the canine vehicle is left unattended, all windows and doors shall be secured in such a manner as to prevent unauthorized access to the dog. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine. 311.10 CANINE INJURY AND MEDICAL CARE In the event that a canine is injured, or there is an indication that the canine is not in good physical condition, the injury or condition will be reported to the canine coordinator or Watch Commander as soon as practicable and appropriately documented. All medical attention shall be rendered by the designated canine veterinarian, except during an emergency where treatment should be obtained from the nearest available veterinarian. All records of medical treatment shall be maintained in the handler’s personnel file. 311.11 TRAINING Before assignment in the field, each canine team shall be trained and certified to meet current POST guidelines or other recognized and approved certification standards. Cross-trained canine teams or those canine teams trained exclusively for the detection of narcotics and/or explosives also shall be trained and certified by the California Narcotic Canine Association (CNCA) or other recognized and approved certification standards established for their particular skills. The canine coordinator shall be responsible for scheduling periodic training for all department members in order to familiarize them with how to conduct themselves in the presence of department canines. All canine training should be conducted while on-duty unless otherwise approved by the canine coordinator or Watch Commander. 311.11.1 CONTINUED TRAINING Each canine team shall thereafter be recertified to a current POST, CNCA or other recognized and approved certification standards on an annual basis. Additional training considerations are as follows: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Canines - 118 Culver City Police Department Policy Manual Canines (a) Canine teams should receive training as defined in the current contract with the Culver City Police Department canine training provider. (b) Canine handlers are encouraged to engage in additional training with approval of the canine coordinator. (c) To ensure that all training is consistent, no handler, trainer or outside vendor is authorized to train to a standard that is not reviewed and approved by this department. 311.11.2 FAILURE TO SUCCESSFULLY COMPLETE TRAINING Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks the team is not certified to perform until graduation or certification is achieved. When reasonably practicable, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties. 311.11.3 TRAINING RECORDS All canine training records shall be maintained in the canine handler's and the canine's training file. 311.11.4 TRAINING AIDS Training aids are required to effectively train and maintain the skills of canines. Officers possessing, using or transporting controlled substances or explosives for canine training purposes must comply with federal and state requirements regarding the same. Alternatively, the Culver City Police Department may work with outside trainers with the applicable licenses or permits. 311.11.5 CONTROLLED SUBSTANCE TRAINING AIDS Officers acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics-detection canine training in compliance with state and federal laws (Health & Safety Code § 11367.5; 21 USC § 823(f)). The Chief of Police or the authorized designee may authorize a member to seek a court order to allow controlled substances seized by the Culver City Police Department to be possessed by the member or a narcotics-detection canine trainer who is working under the direction of this department for training purposes, provided the controlled substances are no longer needed as criminal evidence. As an alternative, the Chief of Police or the authorized designee may request narcotics training aids from the Drug Enforcement Agency (DEA). These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics. 311.11.6 CONTROLLED SUBSTANCE PROCEDURES Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of the canine’s accidental ingestion of these controlled substances, the following procedures shall be strictly followed: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Canines - 119 Culver City Police Department Policy Manual Canines (a) All controlled substance training samples shall be weighed and tested prior to dispensing to the individual canine handler or trainer. (b) The weight and test results shall be recorded and maintained by this department. (c) Any person possessing controlled substance training samples pursuant to court order or DEA registration shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances. (d) All controlled substance training samples will be inspected, weighed and tested quarterly. The results of the quarterly testing shall be recorded and maintained by the canine coordinator with a copy forwarded to the dispensing agency. (e) All controlled substance training samples will be stored in locked, airtight and watertight cases at all times, except during training. The locked cases shall be secured in the trunk of the canine handler’s assigned patrol vehicle during transport and stored in an appropriate locked container. There are no exceptions to this procedure. (f) The canine coordinator shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action. (g) Any unusable controlled substance training samples shall be returned to the Forensic and Evidence Section or to the dispensing agency. (h) All controlled substance training samples shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency. 311.11.7 Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Canines - 120 Policy Culver City Police Department 312 Policy Manual Domestic Violence 312.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of this department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence. 312.1.1 DEFINITIONS Definitions related to this policy include: Court order - All forms of orders related to domestic violence, that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. 312.2 POLICY The Culver City Police Department’s response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this department to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources whenever feasible. 312.3 OFFICER SAFETY The investigation of domestic violence cases often places officers in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved. 312.4 INVESTIGATIONS The following guidelines should be followed by officers when investigating domestic violence cases: (a) Calls of reported, threatened, imminent or ongoing domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 9-1-1 calls. (b) When practicable, officers should obtain and document statements from the victim, the suspect and any witnesses, including children, in or around the household or location of occurrence. (c) Officers should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other children who may not have been in the house at that particular time should also be obtained for follow-up. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Domestic Violence - 121 Culver City Police Department Policy Manual Domestic Violence (d) When practicable and legally permitted, video or audio record all significant statements and observations. (e) All injuries should be photographed, regardless of severity, taking care to preserve the victim’s personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Investigation Bureau in the event that the injuries later become visible. (f) Officers should request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. (g) If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement and make an arrest or seek an arrest warrant if appropriate. (h) Seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. If the domestic violence involved threats of bodily harm, any firearm discovered in plain view or pursuant to consent or other lawful search must be taken into temporary custody (Penal Code § 18250). (i) When completing an incident or arrest report for violation of a court order, officers should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting officer should attach a copy of the order to the incident or arrest report. (j) Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include: 1. Marital status of suspect and victim. 2. Whether the suspect lives on the premises with the victim. 3. Claims by the suspect that the victim provoked or perpetuated the violence. 4. The potential financial or child custody consequences of arrest. 5. The physical or emotional state of either party. 6. Use of drugs or alcohol by either party. 7. Denial that the abuse occurred where evidence indicates otherwise. 8. A request by the victim not to arrest the suspect. 9. Location of the incident (public/private). 10. Speculation that the complainant may not follow through with the prosecution. 11. The racial, cultural, social, professional position or sexual orientation of the victim or suspect. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Domestic Violence - 122 Culver City Police Department Policy Manual Domestic Violence 312.4.1 IF A SUSPECT IS ARRESTED If a suspect is arrested, officers should: (a) Advise the victim that there is no guarantee the suspect will remain in custody. (b) Provide the victim’s contact information to the jail staff to enable notification of the victim upon the suspect’s release from jail. (c) Advise the victim whether any type of court order will be in effect when the suspect is released from jail. 312.4.2 IF NO ARREST IS MADE If no arrest is made, the officer should: (a) (b) Advise the parties of any options, including but not limited to: 1. Voluntary separation of the parties. 2. Appropriate resource referrals (e.g., counselors, friends, relatives, shelter homes, victim witness unit). Document the resolution in a report. 312.5 VICTIM ASSISTANCE Victims may be traumatized or confused. Officers should: (a) Recognize that a victim’s behavior and actions may be affected. (b) Provide the victim with the department’s domestic violence information handout, even if the incident may not rise to the level of a crime. (c) Alert the victim to any available victim advocates, shelters and community resources. (d) Stand by for a reasonable amount of time when an involved person requests law enforcement assistance while removing essential items of personal property. (e) Seek medical assistance as soon as practicable for the victim if he/she has sustained injury or complains of pain. (f) Ask the victim whether he/she has a safe place to stay. Assist in arranging to transport the victim to an alternate shelter if the victim expresses a concern for his/her safety or if the officer determines that a need exists. (g) Make reasonable efforts to ensure that children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. (h) Seek or assist the victim in obtaining an emergency order if appropriate. 312.6 DISPATCH ASSISTANCE All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as practicable. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Domestic Violence - 123 Culver City Police Department Policy Manual Domestic Violence Dispatchers are not required to verify the validity of a court order before responding to a request for assistance. Officers should request that dispatchers check whether any of the involved persons are subject to the terms of a court order. 312.7 FOREIGN COURT ORDERS Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe or territory shall be enforced by officers as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court order shall be enforced, regardless of whether the order has been properly registered with this state. 312.8 VERIFICATION OF COURT ORDERS Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and, where appropriate and practicable: (a) Ask the subject of the order about his/her notice or receipt of the order, his/her knowledge of its terms and efforts to respond to the order. (b) Check available records or databases that may show the status or conditions of the order. (c) Contact the issuing court to verify the validity of the order. (d) Contact a law enforcement official from the jurisdiction where the order was issued to verify information. Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed. 312.9 LEGAL MANDATES AND RELEVANT LAWS California law provides for the following: 312.9.1 STANDARDS FOR ARRESTS Officers investigating a domestic violence report should consider the following: (a) An arrest should be made when there is probable cause to believe that a felony or misdemeanor domestic violence offense has been committed (Penal Code § 13701). Any decision to not arrest an adult when there is reasonable cause to do so requires supervisor approval. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Domestic Violence - 124 Culver City Police Department Policy Manual Domestic Violence 1. Officers are only authorized to make an arrest without a warrant for a misdemeanor domestic violence offense if the officer makes the arrest as soon as probable cause arises (Penal Code § 836). (b) An officer responding to a domestic violence call who cannot make an arrest will advise the victim of his/her right to make a private person’s arrest. The advisement should be made out of the presence of the suspect and shall include advising the victim how to safely execute the arrest. Officers shall not dissuade victims from making a lawful private person’s arrest. Officers should refer to the provisions in the Private Persons Arrests Policy for options regarding the disposition of private person’s arrests (Penal Code § 836(b)). (c) Officers shall not cite and release a person for the following offenses (Penal Code § 853.6(a) (3)): (d) (e) 1. Penal Code § 243(e)(1) (battery against spouse, cohabitant) 2. Penal Code § 273.5 (corporal injury on spouse, cohabitant, fiancé/fiancée, person of a previous dating or engagement relationship, mother/father of the offender’s child) 3. Penal Code § 273.6 (violation of protective order) if violence or threats of violence have occurred or the suspect has gone to the workplace or residence of the protected party 4. Penal Code § 646.9 (stalking) 5. Other serious or violent felonies specified in Penal Code § 1270.1 In responding to domestic violence incidents, including mutual protective order violations, officers should generally be reluctant to make dual arrests. Officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person who has been determined to be the most significant, rather than the first, aggressor (Penal Code § 13701). In identifying the dominant aggressor, an officer shall consider: 1. The intent of the law to protect victims of domestic violence from continuing abuse. 2. The threats creating fear of physical injury. 3. The history of domestic violence between the persons involved. 4. Whether either person acted in self-defense. An arrest shall be made when there is probable cause to believe that a violation of a domestic violence court order has been committed (Penal Code § 13701; Penal Code § 836), regardless of whether the offense was committed in the officer’s presence. After arrest, the officer shall confirm that a copy of the order has been registered, unless the victim provides a copy (Penal Code § 836). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Domestic Violence - 125 Culver City Police Department Policy Manual Domestic Violence 312.9.2 COURT ORDERS (a) An officer who obtains an emergency protective order from the court shall serve it on the restrained person if the person can be reasonably located, and shall provide the person protected or the person’s parent/guardian with a copy of the order. The officer shall file a copy with the court as soon as practicable and shall have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice (Family Code § 6271; Penal Code § 646.91). (b) At the request of the petitioner, an officer at the scene of a reported domestic violence incident shall serve a court order on a restrained person (Family Code § 6383; Penal Code § 13710). (c) Any officer serving a protective order that indicates that the respondent possesses weapons or ammunition shall request that the firearm/ammunition be immediately surrendered (Family Code § 6389(c)(2)). (d) During the service of a protective order any firearm discovered in plain view or pursuant to consent or other lawful search shall be taken into temporary custody (Penal Code § 18250). 312.9.3 PUBLIC ACCESS TO POLICY A copy of this domestic violence policy will be provided to members of the public upon request (Penal Code § 13701). 312.9.4 REPORTS AND RECORDS (a) A written report shall be completed on all incidents of domestic violence. All such reports should be documented on the appropriate form, which includes information and notations specific to domestic violence incidents as required by Penal Code § 13730. (b) Reporting officers should provide the victim with the case number of the report. The case number may be placed in the space provided on the domestic violence victim information handout provided to the victim. If the case number is not immediately available, an explanation should be given regarding how the victim can obtain the information at a later time. (c) Officers who seize any firearm or other deadly weapon in a domestic violence incident shall issue the individual possessing such weapon a receipt and notice of where the weapon may be recovered, along with the applicable time limit for recovery (Penal Code § 18250; Penal Code § 33800; Family Code § 6389(c)(2)). 312.9.5 RECORD-KEEPING AND DATA COLLECTION This department shall maintain records of court orders related to domestic violence and the service status of each (Penal Code § 13710), as well as records on the number of domestic violence related calls reported to the Department, including whether weapons were used in the incident (Penal Code § 13730). This information is to be reported to the Attorney General monthly. It shall be the responsibility of the Records Manager to maintain and report this information as required. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Domestic Violence - 126 Culver City Police Department Policy Manual Domestic Violence 312.9.6 DECLARATION IN SUPPORT OF BAIL INCREASE Any officer who makes a warrantless arrest for a felony or misdemeanor violation of a domestic violence restraining order shall evaluate the totality of the circumstances to determine whether reasonable cause exists to seek an increased bail amount. If there is reasonable cause to believe that the scheduled bail amount is insufficient to assure the arrestee’s appearance or to protect the victim or family member of a victim, the officer shall prepare a declaration in support of increased bail (Penal Code § 1269c). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Domestic Violence - 127 Policy Culver City Police Department 313 Policy Manual Search and Seizure 313.1 PURPOSE AND SCOPE Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Culver City Police Department personnel to consider when dealing with search and seizure issues. 313.2 POLICY It is the policy of the Culver City Police Department to respect the fundamental privacy rights of individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this department will comply with relevant federal and state law governing the seizure of persons and property. The Department will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate. 313.3 SEARCHES The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions that permit a warrantless search. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: • Valid consent • Incident to a lawful arrest • Legitimate community caretaking interests • Vehicle searches under certain circumstances • Exigent circumstances Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property, and observations of activities and property located on open public areas. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and his/her familiarity with clearly established rights as determined by case law. Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Search and Seizure - 128 Culver City Police Department Policy Manual Search and Seizure 313.4 SEARCH PROTOCOL Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit: (a) Members of this department will strive to conduct searches with dignity and courtesy. (b) Officers should explain to the person being searched the reason for the search and how the search will be conducted. (c) Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre-search condition. (d) In order to minimize the need for forcible entry, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated. (e) When the person to be searched is of the opposite sex as the searching officer, a reasonable effort should be made to summon an officer of the same sex as the subject to conduct the search. When it is not practicable to summon an officer of the same sex as the subject, the following guidelines should be followed: 1. Another officer or a supervisor should witness the search. 2. The officer should not search areas of the body covered by tight-fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon. 313.5 DOCUMENTATION When applicable, officers are responsible to document any search and to ensure that any required reports are sufficient including, at minimum, documentation of the following: • Reason for the search • Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys) • What, if any, injuries or damage occurred • All steps taken to secure property • The results of the search, including a description of any property or contraband seized • If the person searched is the opposite sex, any efforts to summon an officer of the same sex as the person being searched and the identification of any witness officer Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented and that current legal requirements and department policy have been met. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Search and Seizure - 129 Policy Culver City Police Department 314 Policy Manual Temporary Custody of Juveniles 314.1 PURPOSE AND SCOPE This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Culver City Police Department (42 USC § 5633). Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child Abuse Policy. 314.1.1 DEFINITIONS Definitions related to this policy include: Juvenile non-offender - An abused, neglected, dependent or alien juvenile who may be legally held for his/her own safety or welfare. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent, guardian or other responsible person. Juvenile offender - A juvenile 17 years of age or younger who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense). It also includes an offense under Penal Code § 29610 for underage possession of a handgun or concealable firearm (28 CFR 31.303). Non-secure custody - When a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1(d); 15 CCR 1150). Safety checks - Direct, visual observation personally by member of this department performed at random intervals within time frames prescribed in this policy to provide for the health and welfare of inmates. Secure custody - When a juvenile offender is held in a locked room, a set of rooms or a cell. Secure custody also includes being physically secured to a stationary object (15 CCR 1146). Examples of secure custody include: (a) A juvenile left alone in an unlocked room within the secure perimeter of the adult temporary holding area. (b) A juvenile handcuffed to a rail. (c) A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 130 Culver City Police Department Policy Manual Temporary Custody of Juveniles (d) A juvenile being processed in a secure booking area when an unsecure booking area is available. (e) A juvenile left alone in a secure booking area after being photographed and fingerprinted. (f) A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked. Sight and sound separation - Located or arranged to prevent physical, visual or auditory contact. Status offender - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation or truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender. This includes the habitually disobedient or truant juvenile under Welfare and Institutions Code § 601 and any juvenile suspected of an offense that would not subject an adult to arrest (e.g., fine-only offense). 314.2 POLICY The Culver City Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and keeping juveniles safe while they are in temporary custody at the Culver City Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer or release. 314.3 JUVENILES WHO SHOULD NOT BE HELD Juveniles who exhibit any of the following conditions should not be held at the Culver City Police Department: (a) Unconscious (b) Seriously injured (c) A known suicide risk or obviously severely emotionally disturbed (d) Significantly intoxicated except when approved by the Watch Commander. A medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves (15 CCR 1151). (e) Extremely violent or continuously violent Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151). These juveniles should not be held at the Culver City Police Department unless they have been evaluated by a qualified medical and/or mental health professional (15 CCR 1142). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 131 Culver City Police Department Policy Manual Temporary Custody of Juveniles If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile shall be under continuous direct supervision until evaluation, release or a transfer is completed (15 CCR 1142). 314.3.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY When emergency medical attention is required for a juvenile, medical assistance will be called immediately. The Watch Commander shall be notified of the need for medical attention for the juvenile. Department members should administer first aid as applicable (15 CCR 1142). 314.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY Department members should be alert to potential symptoms based upon exhibited behavior that may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to communicate, verbally threatening to kill him/herself or any unusual behavior which may indicate the juvenile may harm him/herself while in either secure or non-secure custody (15 CCR 1142). 314.4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Culver City Police Department when there is no other lawful and practicable alternative to temporary custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is suspected of being a victim. No juvenile should be held in temporary custody at the Culver City Police Department without authorization of the arresting officer's supervisor or the Watch Commander. Juveniles taken into custody shall be held in non-secure custody unless otherwise authorized by this policy. Any juvenile taken into custody shall be released to the care of the juvenile’s parent or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable and in no event shall a juvenile be held beyond six hours from the time of his/her entry into the Culver City Police Department (42 USC § 5633; Welfare and Institutions Code § 207.1(d)). 314.4.1 CUSTODY OF JUVENILE NON-OFFENDERS Non-offenders taken into protective custody in compliance with the Child Abuse Policy should generally not be held at the Culver City Police Department. Custodial arrangements should be made for non-offenders as soon as reasonably possible. Juvenile non-offenders shall not be held in secure custody (42 USC § 5633; Welfare and Institutions Code § 206). 314.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Status offenders shall not be held in secure custody (42 USC § 5633). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 132 Culver City Police Department Policy Manual Temporary Custody of Juveniles 314.4.3 CUSTODY OF JUVENILE OFFENDERS Juvenile offenders should be held in non-secure custody while at the Culver City Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances. Generally, a juvenile offender may be taken into custody when authorized by a court order or when there is probable cause to believe the juvenile has committed an offense that would subject an adult to arrest (Welfare and Institutions Code § 625). A juvenile offender who is 14 years of age or older and suspected of using a firearm in violation of Welfare and Institutions Code 625.3 shall be transported to a juvenile facility. A juvenile offender suspected of committing murder or a sex offense that may subject a juvenile to criminal jurisdiction under Welfare and Institutions Code § 602(b), or a serious or violent felony should be referred to a probation officer for a decision on further detention. In all other cases the juvenile offender may be: (a) Released upon warning or citation. (b) Released to a parent or other responsible adult after processing at the Department. (c) Referred to a probation officer for a decision regarding whether to transport the juvenile offender to a juvenile facility. (d) Transported to his/her home or to the place where the juvenile offender was taken into custody (Welfare and Institutions Code § 207.2). In determining which disposition is appropriate, the investigating officer or supervisor shall prefer the alternative which least restricts the juvenile’s freedom of movement, provided that alternative is compatible with the best interests of the juvenile and the community (Welfare and Institutions Code § 626). Whenever a juvenile offender under the age of 14 is taken into custody, the officer should take reasonable steps to verify and document the child's ability to differentiate between right and wrong, particularly in relation to the alleged offense (Penal Code § 26). 314.5 ADVISEMENTS Officers shall take immediate steps to notify the juvenile’s parent, guardian or a responsible relative that the juvenile is in custody, the location where the juvenile is being held and the intended disposition (Welfare and Institutions Code § 627). Whenever a juvenile is taken into temporary custody, he/she shall be given the Miranda rights advisement regardless of whether questioning is intended (Welfare and Institutions Code § 625). Anytime a juvenile offender is placed in secure custody, he/she shall be informed of the purpose of the secure custody, the length of time the secure custody is expected to last and of the maximum six-hour limitation (Welfare and Institutions Code § 207.1(d)). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 133 Culver City Police Department Policy Manual Temporary Custody of Juveniles Juveniles taken into custody for an offense shall immediately be advised (or at least within one hour from being taken into custody, if possible) that they may make three telephone calls: one call completed to his/her parent or guardian; one to a responsible relative or his/her employer; and another call completed to an attorney. The calls shall be at no expense to the juvenile when completed to telephone numbers within the local calling area. Juveniles should be asked whether they are a caregiver and provided two more phone calls in the same manner as provided to adults in the Temporary Custody of Adults Policy (Welfare and Institutions Code § 627; Penal Code § 851.5). 314.6 JUVENILE CUSTODY LOGS Any time a juvenile is held in custody at the Department, the custody shall be promptly and properly documented in the juvenile custody log, including: (a) Identifying information about the juvenile being held. (b) Date and time of arrival and release from the Culver City Police Department (15 CCR 1150). (c) Watch Commander notification and approval to temporarily hold the juvenile. (d) Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender or non-offender. (e) Any changes in status. (f) Time of all safety checks. (g) Any medical and other screening requested and completed (15 CCR 1142). (h) Circumstances that justify any secure custody (Welfare and Institutions Code § 207.1(d); 15 CCR 1145). (i) Any other information that may be required by other authorities, such as compliance inspectors or a local juvenile court authority. The Watch Commander shall initial the log to approve the custody, including any secure custody, and shall also initial the log when the juvenile is released. 314.7 NO-CONTACT REQUIREMENTS Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Department (42 USC § 5633; Welfare and Institutions Code § 207.1(d); Welfare and Institutions Code § 208; 15 CCR 1144). There should also be sight and sound separation between non-offenders and juvenile and status offenders. In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the Culver City Police Department (trained in the supervision of persons in custody) shall maintain a constant, immediate, side-by-side presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact (15 CCR 1144). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 134 Culver City Police Department Policy Manual Temporary Custody of Juveniles 314.8 TEMPORARY CUSTODY REQUIREMENTS Members and supervisors assigned to monitor or process any juvenile at the Culver City Police Department shall ensure the following: (a) The Watch Commander should be notified if it is anticipated that a juvenile may need to remain at the Culver City Police Department more than four hours. This will enable the Watch Commander to ensure no juvenile is held at the Culver City Police Department more than six hours. (b) A staff member of the same sex shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy. (c) Personal safety checks and significant incidents/activities shall be noted on the log. (d) There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile is not aware. Therefore, an employee should inform a juvenile under his/her care that the juvenile will be monitored at all times, unless he/she is using the toilet. This does not apply to surreptitious and legally obtained recorded interrogations. (e) Juveniles shall have reasonable access to toilets and wash basins (15 CCR 1143). (f) Food shall be provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment, including any special diet required for the health of the juvenile (15 CCR 1143). (g) Juveniles shall have reasonable access to a drinking fountain or water (15 CCR 1143). (h) Juveniles shall have reasonable opportunities to stand and stretch, particularly if handcuffed or restrained in any way. (i) Juveniles shall have privacy during family, guardian and/or lawyer visits (15 CCR 1143). (j) Juveniles shall be permitted to remain in their personal clothing unless the clothing is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody (15 CCR 1143). (k) Blankets shall be provided as reasonably necessary (15 CCR 1143). (l) Adequate shelter, heat, light and ventilation should be provided without compromising security or enabling escape. (m) Juveniles shall have adequate furnishings, including suitable chairs or benches. (n) Juveniles shall have the right to the same number of telephone calls as an adult in custody. (o) No discipline may be administered to any juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation or mental abuse (15 CCR 1142). 314.9 USE OF RESTRAINT DEVICES Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Culver City Police Department when the Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 135 Culver City Police Department Policy Manual Temporary Custody of Juveniles juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening (15 CCR 1142). Other restraints shall only be used after less restrictive measures have failed and with the approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others (15 CCR 1142). Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse (15 CCR 1142). 314.10 PERSONAL PROPERTY The officer taking custody of a juvenile offender or status offender at the Culver City Police Department shall ensure a thorough search of the juvenile’s property is made and all property is removed from the juvenile, especially those items that could compromise safety, such as pens, pencils and belts. The personal property of a juvenile should be placed in a property bag. The property should be inventoried in the juvenile’s presence and sealed into the bag. The property should be kept in a monitored or secure location until the juvenile is released from the custody of the Culver City Police Department. 314.11 SECURE CUSTODY Only juvenile offenders14 years of age or older may be placed in secure custody (Welfare and Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before placing a juvenile offender in secure custody. Secure custody should only be used for juvenile offenders when there is a reasonable belief that the juvenile is a serious risk of harm to him/herself or others. Factors to be considered when determining if the juvenile offender presents a serious security risk to him/herself or others include the following (15 CCR 1145): (a) Age, maturity and delinquent history (b) Severity of offense for which the juvenile was taken into custody (c) The juvenile offender’s behavior (d) Availability of staff to provide adequate supervision or protection of the juvenile offender (e) Age, type and number of other individuals in custody at the facility Members of this department shall not use secure custody for convenience when non-secure custody is, or later becomes, a reasonable option (15 CCR 1145). When practicable and when no locked enclosure is available, handcuffing one hand of a juvenile offender to a fixed object while otherwise maintaining the juvenile in non-secure custody should be considered as the method of secure custody. An employee must be present at all times to ensure the juvenile’s safety while secured to a stationary object (15 CCR 1148). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 136 Culver City Police Department Policy Manual Temporary Custody of Juveniles Juveniles shall not be secured to a stationary object for more than 60 minutes. Supervisor approval is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter (15 CCR 1148). Supervisor approval should be documented. The decision for securing a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter shall be based upon the best interests of the juvenile offender (15 CCR 1148). 314.11.1 LOCKED ENCLOSURES A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure. A second inspection shall be conducted after removing the juvenile. Any damage noted to the room should be photographed and documented in the crime report. The following requirements shall apply to a juvenile offender who is held inside a locked enclosure: (a) The juvenile shall constantly be monitored by an audio/video system during the entire custody. (b) Juveniles shall have constant auditory access to department members (15 CCR 1147). (c) Initial placement into and removal from a locked enclosure shall be logged (Welfare and Institutions Code § 207.1(d)). (d) Unscheduled safety checks to provide for the health and welfare of the juvenile by a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15 CCR 1151). 1. All safety checks shall be logged. 2. The safety check should involve questioning the juvenile as to his/her well-being (sleeping juveniles or apparently sleeping juveniles should be awakened). 3. Requests or concerns of the juvenile should be logged. (e) Males and females shall not be placed in the same locked room (15 CCR 1147). (f) Juvenile offenders should be separated according to severity of the crime (e.g., felony or misdemeanor). (g) Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles. 314.12 SUICIDE ATTEMPT, DEATH OR SERIOUS INJURY OF A JUVENILE The Watch Commander will ensure procedures are in place to address the suicide attempt, death or serious injury of any juvenile held at the Culver City Police Department (15 CCR 1142; 15 CCR 1047). The procedures will address: (a) Immediate notification of the on-duty supervisor, Chief of Police and Administration and Investigation Bureau Supervisor. (b) Notification of the parent, guardian or person standing in loco parentis, of the juvenile. (c) Notification of the appropriate prosecutor. (d) Notification of the City attorney. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 137 Culver City Police Department Policy Manual Temporary Custody of Juveniles (e) Notification to the coroner. (f) Notification of the juvenile court. (g) In the case of a death, providing a report to the Attorney General under Government Code § 12525 within 10 calendar days of the death, and forwarding the same report to the Board of State and Community Corrections within the same time frame (15 CCR 1046). (h) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR 1046. (i) Evidence preservation. 314.13 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS No interview or interrogation of a juvenile should occur unless the juvenile has been given the Miranda Warning, has the apparent capacity to consent and does consent to an interview or interrogation. 314.13.1 MANDATORY RECORDINGS OF JUVENILES Any interrogation of an individual under 18 years of age who is in custody and suspected of committing murder shall be audio and video recorded when the interview takes place at a department facility, jail, detention facility or other fixed place of detention. The recording shall include the entire interview and a Miranda advisement preceding the interrogation (Penal Code § 859.5). This recording is not mandatory when (Penal Code § 859.5): (a) Recording is not feasible because of exigent circumstances that are later documented in a report. (b) The individual refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded. (c) The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5. (d) The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder. (e) The interrogation would disclose the identity of a confidential informant or would jeopardize the safety of an officer, the individual being interrogated or another individual. Such circumstances shall be documented in a report. (f) A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible. (g) The questions are part of a routine processing or booking, and are not an interrogation. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 138 Culver City Police Department Policy Manual Temporary Custody of Juveniles (h) The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded. These recordings shall be retained until a conviction is final and all direct and habeas corpus appeals are exhausted, a court no longer has any jurisdiction over the individual or the prosecution for that offense is barred (Penal Code § 859.5; Welfare and Institutions Code § 626.8). 314.14 FORMAL BOOKING No juvenile offender shall be formally booked without the authorization of the arresting officer's supervisor, or in his/her absence, the Watch Commander. Any juvenile, 14 years of age or older, who is taken into custody for a felony, or any juvenile whose acts amount to a sex crime, shall be booked, fingerprinted and photographed. For all other acts defined as crimes, juveniles may be booked, fingerprinted or photographed upon the approval from the Watch Commander or Investigation Bureau supervisor, giving due consideration to the following: (a) The gravity of the offense (b) The past record of the offender (c) The age of the offender 314.15 RELEASE OF INFORMATION CONCERNING JUVENILES Court decisions and legislation have combined to carefully specify situations in which information may be given out or exchanged when a case involves a juvenile. Members of this department shall not divulge any information regarding juveniles unless they are certain of the legal authority to do so. A copy of the current policy of the juvenile court concerning authorized release of information and appropriate acknowledgment forms shall be kept with copies of this procedure in the Culver City Police Department Policy Manual. Such releases are authorized by Welfare and Institutions Code § 827. Welfare and Institutions Code § 828 authorizes the release of certain information to other agencies. It shall be the responsibility of the Records Manager and the appropriate Investigation Bureau supervisors to ensure that personnel of those bureaus act within legal guidelines. 314.16 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION The Operations Bureau Commander shall coordinate the procedures related to the custody of juveniles held at the Culver City Police Department and ensure any required certification is maintained (Welfare and Institution Code § 210.2). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Temporary Custody of Juveniles - 139 Policy Culver City Police Department 315 Policy Manual Adult Abuse 315.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation and reporting of suspected abuse of certain adults who may be more vulnerable than others. This policy also addresses mandatory notification for Culver City Police Department members as required by law. 315.1.1 DEFINITIONS Definitions related to this policy include: Adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult’s care, or any other act that would mandate reporting or notification to a social service agency or law enforcement (Penal Code § 368). 315.2 POLICY The Culver City Police Department will investigate all reported incidents of alleged adult abuse and ensure proper reporting and notification as required by law. 315.3 INVESTIGATIONS AND REPORTING All reported or suspected cases of adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of adult abuse should address, as applicable: (a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected adult abuse victim is contacted. (b) Any relevant statements the victim may have made and to whom he/she made the statements. (c) If a person is taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (d) Documentation of any visible injuries or any injuries identified by the victim. This should include photographs of such injuries, if practicable. (e) Whether the victim was transported for medical treatment or a medical examination. (f) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other potential victims or witnesses who may reside in the residence. (g) Identification of any prior related reports or allegations of abuse, including other jurisdictions, as reasonably known. (h) Previous addresses of the victim and suspect. (i) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Adult Abuse - 140 Culver City Police Department Policy Manual Adult Abuse (j) Results of investigations shall be provided to those agencies (Adult Protectice Services (APS), long-term ombudsman) that referred or reported the adult abuse (Welfare and Institutions Code § 15640(f)). (k) Whether a death involved the End of Life Option Act: 1. Whether or not assistance was provided to the person beyond that allowed by law (Health and Safety Code § 443.14) 2. Whether an individual knowingly altered or forged a request for an aid-in-dying drug to end a person’s life without his/her authorization, or concealed or destroyed a withdrawal or rescission of a request for an aid-in-dying drug (Health and Safety Code § 443.17) 3. Whether coercion or undue influence was exerted on the person to request or ingest an aid-in-dying drug or to destroy a withdrawal or rescission of a request for such medication (Health and Safety Code § 443.17) 4. Whether an aid-in-dying drug was administered to a person without his/her knowledge or consent (Health and Safety Code § 443.17). Any unexplained death of an adult who was in the care of a guardian or caretaker should be considered as potential adult abuse and investigated similarly. 315.4 QUALIFIED INVESTIGATORS Qualified investigators should be available to investigate cases of adult abuse. These investigators should: (a) Conduct interviews in appropriate interview facilities. (b) Be familiar with forensic interview techniques specific to adult abuse investigations. (c) Present all cases of alleged adult abuse to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and facility administrators as needed. (e) Provide referrals to therapy services, victim advocates, guardians and support for the victim and family as appropriate. (f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 15610.55). 315.5 MANDATORY NOTIFICATION Members of the Culver City Police Department shall notify the local office of the California Department of Social Services (CDSS) APS agency when they reasonably suspect, have observed or have knowledge of an incident that reasonably appears to be abuse of an elder (age 65 or older) or dependent adult, or are told by an elder or dependent adult that he/she has experienced abuse (Welfare and Institutions Code § 15630(b)). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Adult Abuse - 141 Culver City Police Department Policy Manual Adult Abuse Notification shall be made by telephone as soon as practicable and a written report shall be provided within two working days as provided in Welfare and Institutions Code § 15630(b)(c)). A dependent adult is an individual, between 18 and 64 years of age, who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect his/her rights including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. This also includes those admitted as inpatients to a 24-hour health facility, as defined in state law (Welfare and Institutions Code § 15610.23). For purposes of notification, abuse is physical abuse, abandonment, abduction, isolation, financial abuse or neglect. Physical abuse includes any assault or sex crime (Welfare and Institutions Code § 15610.63). Financial abuse includes taking personal or real property by undue influence or intent to defraud (Welfare and Institutions Code § 15610.30). Notification shall also be made to the following agencies as soon as practicable or as provided below (Welfare and Institutions Code § 15630): (a) If the abuse is physical abuse and occurred in a long-term care facility (not a state mental health hospital or a state developmental center) notification shall be made as follows (Welfare and Institutions Code § 15630(b)(1)): 1. If there is serious bodily injury, notification shall be made by telephone and, within two hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 2. If there is physical abuse and no serious bodily injury, notification shall be made by telephone and, within 24 hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 3. If the abuse is allegedly caused by a resident with dementia and there is no serious bodily injury, notification shall be made by telephone and a written report to the local ombudsman within 24 hours. 4. When a report of abuse is received by the [Department/Office], local ombudsman shall be called to coordinate efforts to provide the most immediate and appropriate response (Welfare and Institutions Code § 15630(b)). (b) If the abuse is in a long-term care facility (not a state mental health or a state developmental center) and is other than physical abuse, a telephone report and a written report shall be made to the local ombudsman as soon as practicable (Welfare and Institutions Code § 15630(b)). (c) The California Department of Public Health (DPH) shall be notified of all known or suspected abuse in a long-term care facility. (d) The SDSS shall be notified of all known or suspected abuse occurring in a residential care facility for the elderly or in an adult day program. (e) If the abuse occurred in an adult day health care center, DPH and the California Department of Aging shall be notified. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Adult Abuse - 142 Culver City Police Department Policy Manual Adult Abuse (f) The Bureau of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that constitutes criminal activity in a long-term care facility. (g) The District Attorney’s office shall be notified of all cases of physical abuse and financial abuse in a long-term care facility. (h) If the abuse occurred at a state mental hospital or a state developmental center, notification shall be made to the designated investigators of the California Department of State Hospitals or the California Department of Developmental Services as soon as practicable but no later than two hours after law enforcement becomes aware of the abuse (Welfare and Institutions Code § 15630(b)). 1. When a report of abuse is received by the [Department/Office], Investigation efforts shall be coordinated with the designated investigators of the California Department of State Hospitals or the California Department of Developmental Services (Welfare and Institutions Code § 15630(b)). (i) If during an investigation it is determined that the adult abuse is being committed by a licensed health practitioner as identified in Welfare and Institutions Code 15640(b), the appropriate licensing agency shall be immediately notified (Welfare and Institutions Code 15640(b)). (j) When the [Department/Office] receives a report of abuse, neglect or abandonment of an elder or dependent adult alleged to have occurred in a long-term care facility, the licensing agency shall be notified by telephone as soon as practicable (Welfare and Institutions Code § 15640(e)). The Investigation Bureau supervisor is responsible for ensuring that proper notifications have occurred to the District Attorney’s Office and any other regulatory agency that may be applicable based upon where the abuse took place (e.g., care facility, hospital) per Welfare and Institutions Code § 15630(b). Notification is not required for a person who was merely present when a person self-administered a prescribed aid-in-dying drug or a person prepared an aid-in-dying drug so long as the person did not assist the individual in ingesting the aid-in-dying drug (Health and Safety Code § 443.14; Health and Safety Code § 443.18). 315.5.1 NOTIFICATION PROCEDURE Notification should include the following information, if known (Welfare and Institutions Code § 15630(e)): (a) The name of the person making the report. (b) The name and age of the elder or dependent adult. (c) The present location of the elder or dependent adult. (d) The names and addresses of family members or any other adult responsible for the care of the elder or dependent adult. (e) The nature and extent of the condition of the elder or dependent adult. (f) The date of incident. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Adult Abuse - 143 Culver City Police Department Policy Manual Adult Abuse (g) Any other information, including information that led the person to suspect elder or dependent adult abuse. 315.6 PROTECTIVE CUSTODY Before taking an adult abuse victim into protective custody when facts indicate the adult may not be able to care for him/herself, the officer should make reasonable attempts to contact APS. Generally, removal of an adult abuse victim from his/her family, guardian or other responsible adult should be left to the welfare authorities when they are present or have become involved in an investigation. Generally, members of this [department/office] should remove an adult abuse victim from his/her family or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the victim. Prior to taking an adult abuse victim into protective custody, the officer should take reasonable steps to deliver the adult to another qualified legal guardian, unless it reasonably appears that the release would endanger the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the adult is delivered to APS. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking an adult abuse victim into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking the adult into protective custody. When adult abuse victims are under state control, have a state-appointed guardian or there are other legal holdings for guardianship, it may be necessary or reasonable to seek a court order on behalf of the adult victim to either remove the adult from a dangerous environment (protective custody) or restrain a person from contact with the adult. 315.6.1 EMERGENCY PROTECTIVE ORDERS In any situation which an officer reasonably believes that an elder or dependent adult is in immediate and present danger of abuse based on an allegation of a recent incident of abuse or threat of abuse (other than financial abuse alone), the officer may seek an emergency protective order against the person alleged to have committed or threatened such abuse (Family Code § 6250(d)). 315.7 INTERVIEWS 315.7.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, officers should audio record the preliminary interview with a suspected adult abuse victim. Officers should avoid multiple interviews with the victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Adult Abuse - 144 Culver City Police Department Policy Manual Adult Abuse 315.7.2 DETAINING VICTIMS FOR INTERVIEWS An officer should not detain an adult involuntarily who is suspected of being a victim of abuse solely for the purpose of an interview or physical exam without his/her consent or the consent of a guardian unless one of the following applies: (a) (b) Exigent circumstances exist, such as: 1. A reasonable belief that medical issues of the adult need to be addressed immediately. 2. A reasonable belief that the adult is or will be in danger of harm if the interview or physical exam is not immediately completed. 3. The alleged offender is a family member or guardian and there is reason to believe the adult may be in continued danger. A court order or warrant has been issued. 315.8 MEDICAL EXAMINATIONS When an adult abuse investigation requires a medical examination, the investigating officer should obtain consent for such examination from the victim, guardian, agency or entity having legal custody of the adult. The officer should also arrange for the adult’s transportation to the appropriate medical facility. In cases where the alleged offender is a family member, guardian, agency or entity having legal custody and is refusing to give consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the adult for a medical examination, the supervisor should consider other government agencies or services that may obtain a court order for such an examination. 315.9 DRUG-ENDANGERED VICTIMS A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of an adult abuse victim who has been exposed to the manufacturing, trafficking or use of narcotics. 315.9.1 SUPERVISOR RESPONSIBILITIES The Investigation Bureau supervisor should: (a) Work with professionals from the appropriate agencies, including APS, other law enforcement agencies, medical service providers and local prosecutors, to develop community specific procedures for responding to situations where there are adult abuse victims endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b) Activate any available interagency response when an officer notifies the Investigation Bureau supervisor that he/she has responded to a drug lab or other narcotics crime scene where an adult abuse victim is present or where evidence indicates that an adult abuse victim lives. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Adult Abuse - 145 Culver City Police Department Policy Manual Adult Abuse (c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the adult. 315.9.2 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is present or where there is evidence that an adult abuse victim lives should: (a) Document the environmental, medical, social and other conditions of the adult, using photography as appropriate and the checklist or form developed for this purpose. (b) Notify the Investigation Bureau supervisor so an interagency response can begin. 315.10 STATE MANDATES AND OTHER RELEVANT LAWS California requires or permits the following: 315.10.1 RECORDS SECTION RESPONSIBILITIES The Records Section is responsible for: (a) Providing a copy of the adult abuse report to the APS, ombudsman or other agency as applicable within two working days or as required by law (Welfare and Institutions Code § 15630; Welfare and Institutions Code § 15640(c)). (b) Retaining the original adult abuse report with the initial case file. 315.11 TRAINING The [Department/Office] should provide training on best practices in adult abuse investigations to members tasked with investigating these cases. The training should include: (a) Participating in multidisciplinary investigations, as appropriate. (b) Conducting interviews. (c) Availability of therapy services for adults and families. (d) Availability of specialized forensic medical exams. (e) Cultural competence (including interpretive services) related to adult abuse investigations. (f) Availability of victim advocates or other support. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Adult Abuse - 146 Policy Culver City Police Department 316 Policy Manual Discriminatory Harassment 316.1 PURPOSE AND SCOPE The purpose of this policy is to prevent department members from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 316.2 POLICY The Culver City Police Department is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation. The Department will not tolerate discrimination against a member in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The Department will take preventive and corrective action to address any behavior that violates this policy or the rights it is designed to protect. The nondiscrimination policies of the Department may be more comprehensive than state or federal law. Conduct that violates this policy may not violate state or federal law but still could subject a member to discipline. 316.3 DEFINITIONS Definitions related to this policy include: 316.3.1 DISCRIMINATION The Department prohibits all forms of discrimination, including any employment-related action by a member that adversely affects an applicant or member and is based on race, color, religion, sex, age, national origin or ancestry, genetic information, disability, military service, sexual orientation and other classifications protected by law. Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment. Conduct that may, under certain circumstances, constitute discriminatory harassment, can include making derogatory comments, crude and offensive statements or remarks; making slurs or off-color jokes, stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters or material; making inappropriate physical contact; or using written material or department equipment and/or systems to transmit or receive offensive material, statements or pictures. Such conduct is contrary to department policy and to a work environment that is free of discrimination. 316.3.2 SEXUAL HARASSMENT The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or a member because of that person’s sex. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Discriminatory Harassment - 147 Culver City Police Department Policy Manual Discriminatory Harassment Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when: (a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment, position or compensation. (b) Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the member. (c) Such conduct has the purpose or effect of substantially interfering with a member's work performance or creating an intimidating, hostile, or offensive work environment. 316.3.3 ADDITIONAL CONSIDERATIONS Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles or standards, including: (a) Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission (EEOC) and the California Fair Employment and Housing Council guidelines. (b) Bona fide requests or demands by a supervisor that a member improve his/her work quality or output, that the member report to the job site on time, that the member comply with City or department rules or regulations, or any other appropriate work-related communication between supervisor and member. 316.3.4 RETALIATION Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because he/she has engaged in protected activity, filed a charge of discrimination, participated in an investigation or opposed a discriminatory practice. Retaliation will not be tolerated. 316.4 RESPONSIBILITIES This policy applies to all department personnel. All members shall follow the intent of these guidelines in a manner that reflects department policy, professional law enforcement standards and the best interest of the Department and its mission. Members are encouraged to promptly report any discriminatory, retaliatory or harassing conduct or known violations of this policy to a supervisor. Any member who is not comfortable with reporting violations of this policy to his/her immediate supervisor may bypass the chain of command and make the report to a higher ranking supervisor or manager. Complaints may also be filed with the Chief of Police, the Personnel Director or the City Council. Any member who believes, in good faith, that he/she has been discriminated against, harassed or subjected to retaliation, or who has observed harassment or discrimination, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Discriminatory Harassment - 148 Culver City Police Department Policy Manual Discriminatory Harassment Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with resolution as stated below. 316.4.1 SUPERVISOR RESPONSIBILITIES Supervisors and managers shall: (a) Continually monitoring the work environment and strive to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b) Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. (c) Ensuring that their subordinates understand their responsibilities under this policy. (d) Ensuring that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible. (e) Making a timely determination regarding the substance of any allegation based upon all available facts. (f) Notify the Chief of Police or Personnel Director in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment or retaliation no later than the next business day. 316.4.2 SUPERVISOR’S ROLE Because of differences in individual values, supervisors and managers may find it difficult to recognize that their behavior or the behavior of others is discriminatory, harassing or retaliatory. Supervisors and managers shall be aware of the following considerations: (a) Behavior of supervisors and managers should represent the values of our Department and professional law enforcement standards. (b) False or mistaken accusations of discrimination, harassment or retaliation can have negative effects on the careers of innocent members. Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining duty assignments, evaluating or counseling members or issuing discipline, in a manner that is consistent with established procedures. 316.4.3 QUESTIONS OR CLARIFICATION Members with questions regarding what constitutes discrimination, sexual harassment or retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Personnel Director, the City Council or the California Department of Fair Employment and Housing for further information, direction or clarification. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Discriminatory Harassment - 149 Culver City Police Department Policy Manual Discriminatory Harassment 316.5 INVESTIGATION OF COMPLAINTS Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved member should take prompt and reasonable steps to mitigate or eliminate any continuing abusive or hostile work environment. It is the policy of the Department that all complaints of discrimination, retaliation or harassment shall be fully documented and promptly and thoroughly investigated. 316.5.1 SUPERVISORY RESOLUTION Members who believe they are experiencing discrimination, harassment or retaliation should be encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty expressing his/her concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 316.5.2 FORMAL INVESTIGATION If the complaint cannot be satisfactorily resolved through the process described above, a formal investigation will be conducted. The person assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any members involved. No influence will be used to suppress any complaint and no member will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint or for offering testimony or evidence in any investigation. Formal investigation of the complaint will be confidential to the extent possible and will include, but is not limited to, details of the specific incident, frequency dates of occurrences and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs. Members who believe they have been discriminated against, harassed or retaliated against because of their protected status, are encouraged to follow the chain of command but may also file a complaint directly with the Chief of Police, Personnel Director or the City Council. 316.5.3 ALTERNATIVE COMPLAINT PROCESS No provision of this policy shall be construed to prevent any member from seeking legal redress outside the Department. Members who believe that they have been harassed, discriminated or retaliated against are entitled to bring complaints of employment discrimination to federal, state and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Members are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 316.6 DOCUMENTATION OF COMPLAINTS All complaints or allegations shall be thoroughly documented on forms and in a manner designated by the Chief of Police. The outcome of all reports shall be: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Discriminatory Harassment - 150 Culver City Police Department Policy Manual Discriminatory Harassment • Approved by the Chief of Police, the City Council or the Personnel Director, depending on the ranks of the involved parties. • Maintained in accordance with the department's established records retention schedule. 316.6.1 NOTIFICATION OF DISPOSITION The complainant and/or victim will be notified in writing of the disposition of the investigation and the actions taken to remedy or address the circumstances giving rise to the complaint. 316.7 TRAINING All new members shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new member. The member shall certify by signing the prescribed form that he/she has been advised of this policy, is aware of and understands its contents and agrees to abide by its provisions during his/her term with the Department. All members shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents and agree that they will continue to abide by its provisions. 316.7.1 SUPERVISOR TRAINING All supervisors shall receive specific training and education regarding sexual harassment and prevention of abusive conduct within six months of assuming a supervisory position. Refresher training shall be provided every two years thereafter (Government Code § 12950.1; 2 CCR 11023). 316.7.2 TRAINING RECORDS The Personnel and Training Lieutenant shall be responsible for maintaining records of all discriminatory harassment training provided to members. Records shall be retained in accordance with established records retention schedules and for a minimum of two years (2 CCR 11023). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Discriminatory Harassment - 151 Policy Culver City Police Department 317 Policy Manual Child Abuse 317.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Culver City Police Department members are required to notify the county Child Protective Services (CPS) of suspected child abuse. 317.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child’s care or any other act that would mandate notification to a social service agency or law enforcement (Penal Code § 11165.9; Penal Code § 11166). 317.2 POLICY The Culver City Police Department will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law. 317.3 MANDATORY NOTIFICATION The child protection agency shall be notified when (Penal Code § 11166): (a) There is a known or suspected instance of child abuse or neglect reported, which is alleged to have occurred as a result of the action of a person responsible for the child's welfare, or (b) A person responsible for the child's welfare fails to adequately protect the child from abuse when the person knew or reasonably should have known that the child was in danger of abuse. The District Attorney’s office shall be notified in all instances of known or suspected child abuse or neglect reported to this department. Reports only involving neglect by a person, who has the care or custody of a child, to provide adequate food, clothing, shelter, medical care or supervision where no physical injury to the child has occurred should not be reported to the District Attorney (Penal Code § 11166). When the abuse or neglect occurs at a licensed facility or is alleged to have resulted from the actions of a person who is required to have a state license (e.g., foster homes, group homes, day care), notification shall also be made to the California Department of Social Services or other applicable licensing authority (Penal Code 11166.1; Penal Code 11166.2). For purposes of notification, the abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person; sexual abuse (Penal Code § 11165.1); neglect (Penal Code § 11165.2); the willful harming or injuring of a child or the endangering of the Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child Abuse - 152 Culver City Police Department Policy Manual Child Abuse person or health of a child (Penal Code § 11165.3); and unlawful corporal punishment or injury (Penal Code § 11165.4). Child abuse or neglect does not include a mutual affray between minors, nor does it include an injury caused by the reasonable and necessary force used by a peace officer acting within the course and scope of his/her employment as a peace officer. 317.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (Penal Code § 11166): (a) Notification shall be made immediately, or as soon as practicable, by telephone, fax or electronic transmission. (b) A written follow-up report should be forwarded within 36 hours of receiving the information concerning the incident. 317.4 QUALIFIED INVESTIGATORS Qualified investigators should be available for child abuse investigations. These investigators should: (a) Conduct interviews in child appropriate interview facilities. (b) Be familiar with forensic interview techniques specific to child abuse investigations. (c) Present all cases of alleged child abuse to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and school administrators as needed. (e) Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate. (f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 18961.7). 317.5 INVESTIGATIONS AND REPORTING In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of child abuse should address, as applicable: (a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected child abuse victim was contacted. (b) The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian. (c) Any relevant statements the child may have made and to whom he/she made the statements. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child Abuse - 153 Culver City Police Department Policy Manual Child Abuse (d) If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (e) Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable. (f) Whether the child victim was transported for medical treatment or a medical examination. (g) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence. (h) Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known. (i) Previous addresses of the victim and suspect. (j) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant). 317.5.1 EXTRA JURISDICTIONAL REPORTS If a report of known or suspected child abuse or neglect that is alleged to have occurred outside this jurisdiction is received, department members shall ensure that the caller is immediately transferred to the agency with proper jurisdiction for the investigation of the case. If the caller cannot be successfully transferred to the appropriate agency, a report shall be taken and immediately referred by telephone, fax or electronic transfer to the agency with proper jurisdiction (Penal Code 11165.9). 317.6 PROTECTIVE CUSTODY Before taking any child into protective custody, the officer should make reasonable attempts to contact CPS. Generally, removal of a child from his/her family, guardian or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation. Generally, members of this department should remove a child from his/her parent or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the child. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian, unless it reasonably appears that the release would endanger the child or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is delivered to CPS. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child Abuse - 154 Culver City Police Department Policy Manual Child Abuse Children may only be removed from a parent or guardian in the following situations when a court order cannot reasonably be obtained in a timely manner (Welfare and Institutions Code § 305): (a) (b) (c) The officer reasonably believes the child is a person described in Welfare and Institutions Code § 300, or a commercially exploited child under Penal Code § 647 and Penal Code § 653.22, and further has good cause to believe that any of the following conditions exist: 1. The child has an immediate need for medical care. 2. The child is in immediate danger of physical or sexual abuse. 3. The physical environment or the fact that the child is left unattended poses an immediate threat to the child’s health or safety. In the case of a child left unattended, the officer shall first attempt to locate and determine if a responsible parent or guardian is available and capable of assuming custody before taking the child into protective custody. The officer reasonably believes the child requires protective custody under the provisions of Penal Code § 279.6, in one of the following circumstances: 1. It reasonably appears to the officer that a person is likely to conceal the child, flee the jurisdiction with the child or, by flight or concealment, evade the authority of the court. 2. There is no lawful custodian available to take custody of the child. 3. There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the child. 4. The child is an abducted child. The child is in the company of, or under the control of, a person arrested for Penal Code § 278 (Detainment or concealment of child from legal custodian) or Penal Code § 278.5 (Deprivation of custody of a child or right to visitation) (Penal Code § 279.6). A child taken into protective custody shall be delivered to CPS unless otherwise directed by court order. 317.6.1 CALIFORNIA SAFELY SURRENDERED BABY LAW An individual having lawful custody of an infant less than 72 hours old is not guilty of abandonment if the individual voluntarily surrenders physical custody of the infant to personnel on-duty at a safesurrender site, such as a hospital or fire department (Penal Code § 271.5). The law requires the surrender site to notify CPS. 317.6.2 NEWBORNS TESTING POSITIVE FOR DRUGS Under certain circumstances, officers can be prohibited from taking a newborn who is the subject of a proposed adoption into protective custody, even when the newborn has tested positive for illegal drugs or the birth mother tested positive for illegal drugs. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child Abuse - 155 Culver City Police Department Policy Manual Child Abuse Officers shall instead follow the provisions of Welfare and Institutions Code § 305.6 to ensure that the newborn is placed with the adoptive parents when it is appropriate. 317.7 INTERVIEWS 317.7.1 PRELIMINARY INTERVIEWS Officers should avoid multiple interviews with a child victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred. 317.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies: (a) (b) Exigent circumstances exist, such as: 1. A reasonable belief that medical issues of the child need to be addressed immediately. 2. A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed. 3. The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger. A court order or warrant has been issued. 317.7.3 INTERVIEWS AT A SCHOOL Any student at school who is a suspected victim of child abuse shall be afforded the option of being interviewed in private or selecting any qualified available adult member of the school staff to be present. The purpose of the staff member’s presence is to provide comfort and support. The staff member shall not participate in the interview. The selection of a staff member should be such that it does not burden the school with costs or hardship (Penal Code § 11174.3). 317.8 MEDICAL EXAMINATIONS If the child has been the victim of abuse that requires a medical examination, the investigating officer should obtain consent for such examination from the appropriate parent, guardian or agency having legal custody of the child. The officer should also arrange for the child’s transportation to the appropriate medical facility. In cases where the alleged offender is the custodial parent or guardian and is refusing consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child Abuse - 156 Culver City Police Department Policy Manual Child Abuse 317.9 DRUG-ENDANGERED CHILDREN A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of children exposed to the manufacturing, trafficking or use of narcotics. 317.9.1 SUPERVISOR RESPONSIBILITIES The Investigation Bureau supervisor should: (a) Work with professionals from the appropriate agencies, including CPS, other law enforcement agencies, medical service providers and local prosecutors to develop community specific procedures for responding to situations where there are children endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b) Activate any available interagency response when an officer notifies the Investigation Bureau supervisor that the officer has responded to a drug lab or other narcotics crime scene where a child is present or where evidence indicates that a child lives there. 317.9.2 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where a child is present or where there is evidence that a child lives should: (a) Document the environmental, medical, social and other conditions of the child. (b) Notify the Watch Commander. 317.10 STATE MANDATES AND OTHER RELEVANT LAWS California requires or permits the following: 317.10.1 RELEASE OF REPORTS Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (Penal Code 841.5; Penal Code § 11167.5). 317.10.2 REQUESTS FOR REMOVAL FROM THE CHILD ABUSE CENTRAL INDEX (CACI) Any person whose name has been forwarded to the California Department of Justice (DOJ) for placement in California’s CACI, as a result of an investigation, may request that his/her name be removed from the CACI list. Requests shall not qualify for consideration if there is an active case, ongoing investigation or pending prosecution that precipitated the entry to CACI (Penal Code § 11169). All requests for removal shall be submitted in writing by the requesting person and promptly routed to the CACI hearing officer. 317.10.3 CACI HEARING OFFICER The Investigation Bureau supervisor will normally serve as the hearing officer but must not be actively connected with the case that resulted in the person’s name being submitted to CACI. Upon Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child Abuse - 157 Culver City Police Department Policy Manual Child Abuse receiving a qualified request for removal, the hearing officer shall promptly schedule a hearing to take place during normal business hours and provide written notification of the time and place of the hearing to the requesting party. 317.10.4 CACI HEARING PROCEDURES The hearing is an informal process where the person requesting removal from the CACI list will be permitted to present relevant evidence (e.g., certified copy of an acquittal, factual finding of innocence) as to why his/her name should be removed. The person requesting the hearing may record the hearing at his/her own expense. Formal rules of evidence will not apply and the hearing officer may consider, in addition to evidence submitted by the person requesting the hearing, any relevant information including, but not limited to, the following: (a) Case reports including any supplemental reports (b) Statements by investigators (c) Statements from representatives of the District Attorney’s Office (d) Statements by representatives of a child protective agency who may be familiar with the case After considering all information presented, the hearing officer shall make a determination as to whether the requesting party’s name should be removed from the CACI list. Such determination shall be based on a finding that the allegations in the investigation are not substantiated (Penal Code § 11169). If, after considering the evidence, the hearing officer finds that the allegations are not substantiated, he/she shall cause a request to be completed and forwarded to the DOJ that the person’s name be removed from the CACI list. A copy of the hearing results and the request for removal will be attached to the case reports. The findings of the hearing officer shall be considered final and binding. 317.10.5 CHILD DEATH REVIEW TEAM This department should cooperate with any interagency child death review team investigation. Written and oral information relating to the death of a child that would otherwise be subject to release restrictions may be disclosed to the child death review team upon written request and approval of a supervisor (Penal Code § 11174.32). 317.11 TRAINING The Department should provide training on best practices in child abuse investigations to members tasked with investigating these cases. The training should include: (a) Participating in multidisciplinary investigations, as appropriate. (b) Conducting forensic interviews. (c) Availability of therapy services for children and families. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child Abuse - 158 Culver City Police Department Policy Manual Child Abuse (d) Availability of specialized forensic medical exams. (e) Cultural competence (including interpretive services) related to child abuse investigations. (f) Availability of victim advocate or guardian ad litem support. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child Abuse - 159 Policy Culver City Police Department 318 Policy Manual Missing Persons 318.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations. 318.1.1 DEFINITIONS At risk - Includes, but is not limited to (Penal Code § 14215): • A victim of a crime or foul play. • A person missing and in need of medical attention. • A missing person with no pattern of running away or disappearing. • A missing person who may be the victim of parental abduction. • A mentally impaired missing person, including cognitively impaired or developmentally disabled. Missing person - Any person who is reported missing to law enforcement when the person’s location is unknown. This includes a child who has been taken, detained, concealed, enticed away or kept by a parent in violation of the law (Penal Code § 277 et seq.). It also includes any child who is missing voluntarily, involuntarily or under circumstances that do not conform to his/her ordinary habits or behavior, and who may be in need of assistance (Penal Code § 14215). Missing person networks - Databases or computer networks available to law enforcement and that are suitable for information related to missing persons investigations. These include the National Crime Information Center (NCIC), the California Law Enforcement Telecommunications System (CLETS), Missing Person System (MPS) and the Unidentified Persons System (UPS). 318.2 POLICY The Culver City Police Department does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise. The Culver City Police Department gives missing person cases priority over property-related cases and will not require any time frame to pass before beginning a missing person investigation (Penal Code § 14211). 318.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Administration and Investigation supervisor should ensure the forms and kits are developed and available in accordance with this policy, state law, federal law and the California Peace Officer Standards and Training (POST) Missing Persons Investigations guidelines, including: • Department report form for use in missing person cases • Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation (Penal Code § 13519.07) Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Missing Persons - 160 Culver City Police Department Policy Manual Missing Persons • Missing person school notification form • Medical records release form from the California Department of Justice • California DOJ missing person forms as appropriate • Biological sample collection kits 318.4 ACCEPTANCE OF REPORTS Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay (Penal Code § 14211). This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those members who do not take such reports or who are unable to render immediate assistance shall promptly dispatch or alert a member who can take the report. A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any other question of jurisdiction (Penal Code § 14211). 318.5 INITIAL INVESTIGATION Officers or other members conducting the initial investigation of a missing person should take the following investigative actions, as applicable: (a) Respond to a dispatched call for service as soon as practicable. (b) Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be at risk. (c) Notify a supervisor immediately if there is evidence that a missing person is either at risk or may qualify for a public alert, or both (see the Public Alerts Policy). (d) Broadcast a "Be on the Look-Out" (BOLO) bulletin if the person is under 21 years of age or there is evidence that the missing person is at risk. The BOLO should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 21 years of age or may be at risk (Penal Code § 14211). (e) Ensure that entries are made into the appropriate missing person networks as follows: 1. Immediately, when the missing person is at risk. 2. In all other cases, as soon as practicable, but not later than two hours from the time of the initial report. (f) Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts. (g) Collect and/or review: 1. A photograph and a fingerprint card of the missing person, if available. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Missing Persons - 161 Culver City Police Department Policy Manual Missing Persons 2. A voluntarily provided biological sample of the missing person, if available (e.g., toothbrush, hairbrush). 3. Any documents that may assist in the investigation, such as court orders regarding custody. 4. Any other evidence that may assist in the investigation, including personal electronic devices (e.g., cell phones, computers). (h) When circumstances permit and if appropriate, attempt to determine the missing person’s location through his/her telecommunications carrier. (i) Contact the appropriate agency if the report relates to a previously made missing person report and another agency is actively investigating that report. When this is not practical, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to an at-risk missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person. 318.6 REPORT PROCEDURES AND ROUTING Employees should complete all missing person reports and forms promptly and advise the appropriate supervisor as soon as a missing person report is ready for review. 318.6.1 SUPERVISOR RESPONSIBILITIES The responsibilities of the supervisor shall include, but are not limited to: (a) Reviewing and approving missing person reports upon receipt. 1. The reports should be promptly sent to the Records Section. (b) Ensuring resources are deployed as appropriate. (c) Initiating a command post as needed. (d) Ensuring applicable notifications and public alerts are made and documented. (e) Ensuring that records have been entered into the appropriate missing persons networks. (f) Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies. If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction. 318.6.2 RECORDS SECTION RESPONSIBILITIES The receiving member shall: (a) As soon as reasonable under the circumstances, notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s residence in cases where the missing person is a resident of another jurisdiction (Penal Code § 14211). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Missing Persons - 162 Culver City Police Department Policy Manual Missing Persons (b) Notify and forward a copy of the report to the law enforcement agency in whose jurisdiction the missing person was last seen (Penal Code § 14211). (c) Notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s intended or possible destination, if known. (d) Forward a copy of the report to the Investigation Bureau. (e) Coordinate with the NCIC Terminal Contractor for California to have the missing person record in the NCIC computer networks updated with additional information obtained from missing person investigations (42 USC § 5780). 318.7 INVESTIGATION BUREAU FOLLOW-UP In addition to completing or continuing any actions listed above, the investigator assigned to a missing person investigation: (a) Shall ensure that the missing person’s school is notified within 10 days if the missing person is a juvenile. 1. The notice shall be in writing and should also include a photograph (Education Code § 49068.6). 2. The investigator should meet with school officials regarding the notice as appropriate to stress the importance of including the notice in the child’s student file, along with contact information if the school receives a call requesting the transfer of the missing child’s files to another school. (b) Should recontact the reporting person and/or other witnesses within 30 days of the initial report and within 30 days thereafter to determine if any additional information has become available via the reporting party. (c) Should consider contacting other agencies involved in the case to determine if any additional information is available. (d) Shall verify and update CLETS, NCIC and any other applicable missing person networks within 30 days of the original entry into the networks and every 30 days thereafter until the missing person is located (42 USC § 5780). (e) Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days. (f) Shall maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children® (NCMEC) if the missing person is under the age of 21 and shall promptly notify NCMEC when the person is missing from a foster care family home or childcare institution (42 USC § 5780). (g) Should make appropriate inquiry with the [Medical Examiner/JOP]. (h) Should obtain and forward medical and dental records, photos, X-rays and biological samples pursuant to Penal Code § 14212 and Penal Code § 14250. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Missing Persons - 163 Culver City Police Department Policy Manual Missing Persons (i) Shall attempt to obtain the most recent photograph for persons under 18 years of age if it has not previously been obtained and forward the photograph to California DOJ (Penal Code § 14210) and enter the photograph into applicable missing person networks (42 USC § 5780). (j) Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). (k) In the case of an at-risk missing person or a person who has been missing for an extended time, should consult with a supervisor regarding seeking federal assistance from the FBI and the U.S. Marshals Service (28 USC § 586). 318.8 WHEN A MISSING PERSON IS FOUND When any person reported missing is found, the assigned investigator shall document the location of the missing person in the appropriate report, notify the relatives and/or reporting party, as appropriate, and other involved agencies and refer the case for additional investigation if warranted. The Records Manager shall ensure that, upon receipt of information that a missing person has been located, the following occurs (Penal Code § 14213): (a) Notification is made to California DOJ. (b) The missing person’s school is notified. (c) Entries are made in the applicable missing person networks. (d) Immediately notify the Attorney General’s Office. (e) Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation within 24 hours. 318.8.1 UNIDENTIFIED PERSONS Department members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should: (a) Obtain a complete description of the person. (b) Enter the unidentified person’s description into the NCIC Unidentified Person File. (c) Use available resources, such as those related to missing persons, to identify the person. 318.9 CASE CLOSURE The Investigation Bureau supervisor may authorize the closure of a missing person case after considering the following: (a) Closure is appropriate when the missing person is confirmed returned or evidence has matched an unidentified person or body. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Missing Persons - 164 Culver City Police Department Policy Manual Missing Persons (b) If the missing person is a resident of Culver City or this department is the lead agency, the case should be kept under active investigation for as long as the person may still be alive. Exhaustion of leads in the investigation should not be a reason for closing a case. (c) If this department is not the lead agency, the case can be made inactivate if all investigative leads have been exhausted, the lead agency has been notified and entries are made in the applicable missing person networks as appropriate. (d) A missing person case should not be closed or reclassified because the person would have reached a certain age or adulthood or because the person is now the subject of a criminal or civil warrant. 318.10 TRAINING Subject to available resources, the Personnel and Training Lieutenant should ensure that members of this department whose duties include missing person investigations and reports receive regular training that includes: (a) The initial investigation: 1. Assessments and interviews 2. Use of current resources, such as Mobile Audio Video (MAV) 3. Confirming missing status and custody status of minors 4. Evaluating the need for a heightened response 5. Identifying the zone of safety based on chronological age and developmental stage (b) Briefing of department members at the scene. (c) Identifying NCIC Missing Person File categories (e.g., disability, endangered, involuntary, juvenile and catastrophe). (d) Verifying the accuracy of all descriptive information. (e) Initiating a neighborhood investigation. (f) Investigating any relevant recent family dynamics. (g) Addressing conflicting information. (h) Key investigative and coordination steps. (i) Managing a missing person case. (j) Additional resources and specialized services. (k) Update procedures for case information and descriptions. (l) Preserving scenes. (m) Internet and technology issues (e.g., Internet use, cell phone use). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Missing Persons - 165 Culver City Police Department Policy Manual Missing Persons (n) Media relations. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Missing Persons - 166 Policy Culver City Police Department 319 Policy Manual Public Alerts 319.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate. 319.2 POLICY Public alerts may be employed using the Emergency Alert System (EAS), local radio, television, social media, press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system’s individual criteria. 319.3 RESPONSIBILITIES 319.3.1 EMPLOYEE RESPONSIBILITIES Employees of the Culver City Police Department should notify their supervisor, Watch Commander or Investigation Bureau Supervisor as soon as practicable upon learning of a situation where public notification, a warning or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person or gathering information. 319.3.2 SUPERVISOR RESPONSIBILITIES A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications based upon the circumstances of each situation. The supervisor shall promptly notify the Chief of Police, the appropriate Bureau Commander and the Public Information Officer when any public alert is generated. The supervisor in charge of the investigation to which the alert relates is responsible for the following: (a) Updating alerts (b) Canceling alerts (c) Ensuring all appropriate reports are completed (d) Preparing an after-action evaluation of the investigation to be forwarded to the Bureau Commander 319.4 AMBER ALERTS The AMBER Alert™ Program is a voluntary partnership between law enforcement agencies, broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in child abduction cases. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Public Alerts - 167 Culver City Police Department Policy Manual Public Alerts 319.4.1 CRITERIA FOR AMBER ALERT The following conditions must be met before activating an AMBER Alert (Government Code § 8594(a)): (a) A child has been abducted or taken by anyone, including but not limited to a custodial parent or guardian. (b) The victim is 17 years of age or younger, or has a proven mental or physical disability. (c) The victim is in imminent danger of serious injury or death. (d) There is information available that, if provided to the public, could assist in the child’s safe recovery. 319.4.2 PROCEDURE FOR AMBER ALERT The supervisor in charge will ensure the following: (a) An initial press release is prepared that includes all available information that might aid in locating the child: 1. The child’s identity, age and description 2. Photograph if available 3. The suspect’s identity, age and description, if known 4. Pertinent vehicle description 5. Detail regarding location of incident, direction of travel, potential destinations, if known 6. Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison 7. A telephone number for the public to call with leads or information (b) The local California Highway Patrol communications center should be contacted to initiate a multi-regional or statewide EAS broadcast, following any policies and procedures developed by CHP (Government Code § 8594). (c) The press release information is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies. (d) Information regarding the missing person should be entered into the California Law Enforcement Telecommunication System (CLETS). (e) Information regarding the missing person should be entered into the California Department of Justice Missing and Unidentified Persons System (MUPS)/National Crime Information Center (NCIC). (f) The following resources should be considered as circumstances dictate: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Public Alerts - 168 Culver City Police Department Policy Manual Public Alerts 1. The local FBI office 2. National Center for Missing and Exploited Children (NCMEC) 319.5 BLUE ALERTS Blue Alerts may be issued when an officer is killed, injured or assaulted and the suspect may pose a threat to the public or other law enforcement personnel. 319.5.1 CRITERIA FOR BLUE ALERTS All of the following conditions must be met before activating a Blue Alert (Government Code § 8594.5): (a) A law enforcement officer has been killed, suffered serious bodily injury or has been assaulted with a deadly weapon, and the suspect has fled the scene of the offense. (b) The investigating law enforcement agency has determined that the suspect poses an imminent threat to the public or other law enforcement personnel. (c) A detailed description of the suspect’s vehicle or license plate is available for broadcast. (d) Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect. 319.5.2 PROCEDURE FOR BLUE ALERT The supervisor in charge should ensure the following: (a) An initial press release is prepared that includes all available information that might aid in locating the suspect: 1. The license number and/or any other available description or photograph of the vehicle 2. Photograph, description and/or identification of the suspect 3. The suspect’s identity, age and description, if known 4. Detail regarding location of incident, direction of travel, potential destinations, if known 5. Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison 6. A telephone number for the public to call with leads or information (b) The local California Highway Patrol communications center is contacted to initiate a multiregional or statewide EAS broadcast. (c) The information in the press release is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Public Alerts - 169 Culver City Police Department Policy Manual Public Alerts (d) The following resources should be considered as circumstances dictate: 1. Entry into the California Law Enforcement Telecommunication System (CLETS) 2. The FBI local office 319.6 SILVER ALERTS Silver Alerts® is an emergency notification system for people who are 65 years of age or older, developmentally disabled or cognitively impaired and have been reported missing (Government Code § 8594.10). 319.6.1 CRITERIA FOR SILVER ALERTS All of the following conditions must be met before activating a Silver Alert (Government Code § 8594.10): (a) The missing person is 65 years of age or older, developmentally disabled or cognitively impaired. (b) The department has utilized all available local resources. (c) The investigating officer or supervisor has determined that the person is missing under unexplained or suspicious circumstances. (d) The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril. (e) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. 319.6.2 PROCEDURE FOR SILVER ALERT Requests for a Silver Alert shall be made through the California Highway Patrol (Government Code § 8594.10). 319.7 MUTUAL AID The experiences of other law enforcement jurisdictions that have implemented similar plans indicate an AMBER Alert or Blue Alert will generate a high volume of telephone calls to the handling agency. The Sheriff’s Department Emergency Communications Bureau facilities and staff can be made available in the event of a high call volume. If the Watch Commander or Investigation Bureau Supervisor elects to use the services of the Sheriff’s Department, the following will apply: (a) Notify the Sheriff’s Department Watch Commander of the incident and the request for assistance. He/she will provide you with a telephone number for the public to call. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Public Alerts - 170 Culver City Police Department Policy Manual Public Alerts (b) In the press release, direct the public to the telephone number provided by the Sheriff’s Department Watch Commander. (c) The Public Information Officer will continue to handle all press releases and media inquiries. Any press inquiries received by the Sheriff’s Department will be referred back to this department. The Culver City Police Department shall assign a minimum of two detectives/officers to respond to the Sheriff’s Department Emergency Communications Bureau to screen and relay information and any clues received from incoming calls. As circumstances dictate, more staff resources from the handling law enforcement agency may be necessary to assist the staff at the Emergency Communications Bureau. 319.8 YELLOW ALERTS Yellow Alerts are notifications related to hit-and-run incidents resulting in the death or injury (Vehicle Code § 20001; Government Code § 8594.15). 319.8.1 CRITERIA FOR YELLOW ALERTS All of the following conditions must be met before requesting the activation of a Yellow Alert (Government Code § 8594.15): (a) A person has been killed or has suffered serious bodily injury due to a hit-and-run. (b) It is likely the suspect may be seen on a state highway. (c) There is additional information concerning the suspect’s vehicle, including, but not limited to any of the following: (d) 1. The suspect or the suspect’s vehicle can be particularly described (e.g., a complete or partial license plate number) 2. Unique vehicle characteristics (e.g., make, model and color of suspect’s vehicle) 3. The identity of the suspect Public assistance can mitigate danger to the public or quicken the apprehension of the suspect. 319.8.2 PROCEDURE FOR YELLOW ALERT Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Public Alerts - 171 Policy Culver City Police Department 320 Policy Manual Victim and Witness Assistance 320.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that crime victims and witnesses receive appropriate assistance, that they are provided with information from government and private resources, and that the agency meets all related legal mandates. 320.2 POLICY The Culver City Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The members of the Culver City Police Department will show compassion and understanding for victims and witnesses and will make reasonable efforts to provide the support and information identified in this policy. 320.3 CRIME VICTIM LIAISON The Chief of Police may appoint a member of the [Department/Office] to serve as the crime victim liaison. The crime victim liaison will be the point of contact for individuals requiring further assistance or information from the Culver City Police Department regarding benefits from crime victim resources. This person shall also be responsible for maintaining compliance with all legal mandates related to crime victims and/or witnesses. 320.3.1 SPECIFIC VICTIM LIAISON DUTIES The Chief of Police shall designate a crime victim liaison officer as liaison to the Victim-Witness Assistance Program office. It shall be his/her responsibility to forward copies of police reports requested by the local victim centers to verify the criminal activity upon which the application for assistance is based. The liaison officer shall carry out the functions required by state law; and devise and implement written procedures to notify and provide the required compensation information. The Records Maintenance and Release Policy in this manual regarding the release of reports shall be followed in all cases (Government Code § 13962(b); 2 CCR 649.35; 2 CCR 649.36). 320.4 CRIME VICTIMS Officers should provide all victims with the applicable victim information handouts. Officers should never guarantee a victim’s safety from future harm but may make practical safety suggestions to victims who express fear of future harm or retaliation. Officers should never guarantee that a person qualifies as a victim for the purpose of compensation or restitution but may direct him/her to the proper written [department/office] material or available victim resources. 320.4.1 VICTIMS OF HUMAN TRAFFICKING Officers investigating or receiving a report involving a victim of human trafficking shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that upon the request of the victim the names and images of the victim and his/her immediate family members may be withheld from Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Victim and Witness Assistance - 172 Culver City Police Department Policy Manual Victim and Witness Assistance becoming a matter of public record until the conclusion of the investigation or prosecution (Penal Code § 293). 320.5 VICTIM INFORMATION The Administration and Investigations Supervisor shall ensure that victim information handouts are available and current. These should include as appropriate: (a) Shelters and other community resources for victims of domestic violence. (b) Community resources for victims of sexual assault. (c) Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic medical exams, and information about evidence collection, storage and preservation in sexual assault cases (42 USC § 3796gg-4; 42 USC § 10603f; Penal Code § 13823.95(a)). (d) An explanation that victims of sexual assault who seek a medical evidentiary examination shall not be required to participate or agree to participate in the criminal justice system, either prior to the examination or at any other time (Penal Code § 13823.95(b)). (e) An advisement that a person who was arrested may be released on bond or some other form of release and that the victim should not rely upon an arrest as a guarantee of safety. (f) A clear explanation of relevant court orders and how they can be obtained. (g) Information regarding available compensation for qualifying victims of crime. (h) VINE® information (Victim Information and Notification Everyday), including the telephone number and whether this free service is available to allow victims to check on an offender’s custody status and to register for automatic notification when a person is released from jail. (i) Notice regarding U Visa and T Visa application processes. (j) Resources available for victims of identity theft. (k) A place for the officer’s name, badge number and any applicable case or incident number. (l) The "Victims of Domestic Violence" card containing the names, phone numbers or local county hotlines of local shelters for battered women and rape victim counseling centers within the county and their 24-hour counseling service telephone numbers (Penal Code § 264.2). (m) Any additional information required by state law (Penal Code § 13701; Penal Code § 679.02; Penal Code § 679.05; Penal Code § 679.026). 320.6 WITNESSES Officers should never guarantee a witness’ safety from future harm or that his/her identity will always remain confidential. Officers may make practical safety suggestions to witnesses who express fear of future harm or retaliation. Officers should investigate allegations of witness intimidation and take enforcement action when lawful and reasonable. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Victim and Witness Assistance - 173 Culver City Police Department Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Victim and Witness Assistance - 174 Policy Culver City Police Department 321 Policy Manual Hate Crimes 321.1 PURPOSE AND SCOPE The purpose of this policy is to meet or exceed the provisions of Penal Code § 13519.6(c) and provides members of this [department/office] with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias. 321.1.1 DEFINITIONS Hate crimes - A criminal act committed in whole or in part, because of one or more of the following actual or perceived characteristics of the victim (Penal Code § 422.55; Penal Code § 422.56; Penal Code § 422.57): (a) Disability (b) Gender (c) Nationality (d) Race or ethnicity (e) Religion (f) Sexual orientation (g) Association with a person or group with one or more of these actual or perceived characteristics (h) Examples of hate crimes include, but are not limited to: 1. Interfering with, oppressing or threatening any other person in the free exercise or enjoyment of any right or privilege secured by the constitution or laws because of one or more of the actual or perceived characteristics of the victim (Penal Code § 422.6). 2. Defacing a person’s property because of one or more of the actual or perceived characteristics of the victim (Penal Code § 422.6(b)). 3. Terrorizing a person with a swastika or burning cross (Penal Code § 11411). 4. Vandalizing a place of worship (Penal Code § 594.3). The federal Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act expands federal hate crimes to include crimes motivated by a victim's actual or perceived sex, sexual orientation, gender identity or disability (18 USC § 249). Victim - Includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library or other victim or intended victim of the offense (Penal Code § 422.56). 321.2 POLICY The Culver City Police Department recognizes and places a high priority on the rights of all individuals guaranteed under the state and federal constitution and incorporated in state and federal law. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hate Crimes - 175 Culver City Police Department Policy Manual Hate Crimes 321.3 PREVENTION AND PREPARATION While it is recognized that not all crime can be prevented, this [department/office] is committed to taking a proactive approach to preventing and preparing for likely hate crimes by, among other things: (a) Make an affirmative effort to establish contact with persons and groups within the community, who are likely targets of hate crimes and forming networks that address prevention and response. (b) Accessing assistance by, among other things, activating the California Department of Justice Hate Crime Rapid Response Protocol when necessary. (c) Providing victim assistance and follow-up as outlined below, including community follow-up. (d) Educating community and civic groups about hate crime laws. (e) Establishing a community relations liaison to work with community organizations and leaders to coordinate public meetings, local group meetings and school assemblies on recognizing, preparing for and preventing hate crimes. 321.4 INVESTIGATIONS Whenever any member of this [department/office] receives a report of a suspected hate crime or other activity that reasonably appears to involve a potential hate crime, the following should occur: (a) Officer(s) will be promptly assigned to contact the victim, witness, or reporting party to investigate the matter further as circumstances may dictate (b) A supervisor should be notified of the circumstances as soon as practical (c) Once “in progress” aspects of any such situation have been stabilized (e.g., treatment of victims, apprehension of present suspects, etc.), the assigned officer(s) will take all reasonable steps to preserve available evidence that may tend to establish that a hate crime was involved (d) Based upon available information, officers should take appropriate action to mitigate further injury or damage to potential victims or the community. 1. (e) Officers should contact the property owner to remove any evidence that cannot be physically removed (i.e., painted words or signs on a wall) by the officer once the offense is documented. The assigned officer(s) will interview available witnesses, victims and others to determine what circumstances, if any, indicate that the situation may involve a hate crime. 1. No victim of or a witness to a hate crime who is not otherwise charged with or convicted of a crime under state law may be detained for or turned over to federal authorities exclusively for any actual or suspected immigration violation (Penal Code § 422.93(b)) Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hate Crimes - 176 Culver City Police Department Policy Manual Hate Crimes 2. Statements of victims and witnesses should be audio or video recorded if practicable (see the Portable Audio/Video Recorders Policy). (f) Depending on the situation, the assigned officer(s) or supervisor may request additional assistance from detectives or other resources to further the investigation (g) The assigned officer(s) will include all available evidence indicating the likelihood of a hate crime in the relevant report(s). All related reports will be clearly marked as “Hate Crimes” and, absent prior approval of a supervisor, will be completed and submitted by the assigned officer(s) before the end of the shift (h) The assigned officer(s) will provide the victim(s) of any suspected hate crime with a brochure on hate crimes (Penal Code § 422.92). Such brochures will also be available to members of the general public upon request. The assigned officer(s) should also make reasonable efforts to assist the victim(s) by providing available information on local assistance programs and organizations (i) The assigned officer(s) and supervisor should take reasonable steps to ensure that any such situation does not escalate further (e.g., Possible Temporary Restraining Order through the District Attorney or City Attorney Penal Code § 136.2 or Civil Code § 52.1 as indicated). 321.4.1 INVESTIGATION BUREAU RESPONSIBILITY If a case is assigned to the Investigation Bureau, the assigned detective will be responsible for following up on the reported hate crime as follows: (a) Coordinate further investigation with the District Attorney and other appropriate law enforcement agencies, as appropriate. (b) Maintain contact with the victim(s) and other involved individuals as needed. (c) Maintain statistical data on suspected hate crimes and tracking as indicated and provide to the Records Manager for required reporting to the Attorney General (Penal Code § 13023). See the Records Section Policy. (d) Make reasonable efforts to identify additional witnesses. (e) Utilize available criminal intelligence systems as appropriate (see Criminal Organizations Policy). (f) Provide the supervisor and the Public Information Officer ([PIO]) with information that can be responsibly reported to the media. 1. When appropriate, the [PIO] should reiterate that the hate crime will not be tolerated and will be taken seriously. 321.4.2 SUPERVISOR RESPONSIBILITY The supervisor should confer with the initial responding officers to identify reasonable and appropriate preliminary actions. The supervisor should: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hate Crimes - 177 Culver City Police Department Policy Manual Hate Crimes (a) Review related reports to verify whether the incident is appropriately classified as a hate crime for federal and state bias crime-reporting purposes. (b) Notify other appropriate personnel in the chain of command, depending on the nature and seriousness of the offense and its potential inflammatory and related impact on the community. (c) Consider the need for further action to be taken for the protection of the victims or vulnerable sites, such as assigning an officer at specific locations that could become targets or increase neighborhood surveillance. (d) Ensure that members who are responsible for the conduct and maintenance of information on criminal groups are notified and that they make appropriate inquiries and entries into criminal intelligence systems (see Criminal Organizations Policy). 321.5 TRAINING All members of this [department/office] will receive POST-approved training on hate crime recognition and investigation as provided by Penal Code § 13519.6. Training should also include recognition of bias motivators such as ranges of attitudes and perceptions toward a specific characteristic or group. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hate Crimes - 178 Policy Culver City Police Department 322 Policy Manual Standards of Conduct 322.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the Culver City Police Department and are expected of all department members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this department or a member’s supervisors. 322.2 POLICY The continued employment or appointment of every member of the Culver City Police Department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action. 322.3 DIRECTIVES AND ORDERS Members shall comply with lawful directives and orders from any department supervisor or person in a position of authority, absent a reasonable and bona fide justification. 322.3.1 UNLAWFUL OR CONFLICTING ORDERS Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law or department policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order. No member is required to obey any order that appears to be in direct conflict with any federal law, state law or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or shall confer with a higher authority. The responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal. Unless it would jeopardize the safety of any individual, members who are presented with a lawful order that is in conflict with a previous lawful order, department policy or other directive shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order or directive that was initially issued. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Standards of Conduct - 179 Culver City Police Department Policy Manual Standards of Conduct The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. 322.3.2 SUPERVISOR RESPONSIBILITIES Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for: (a) Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control. (b) Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by policy. (c) Directing a subordinate to violate a policy or directive, acquiesce to such a violation, or are indifferent to any such violation by a subordinate. (d) The unequal or disparate exercise of authority on the part of a supervisor toward any member for malicious or other improper purpose. 322.4 GENERAL STANDARDS Members shall conduct themselves, whether on- or off-duty, in accordance with the United States and California Constitutions and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct. 322.5 CAUSES FOR DISCIPLINE The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient department service: 322.5.1 LAWS, RULES AND ORDERS (a) Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, requirement or failure to follow instructions contained in department or City manuals. (b) Disobedience of any legal directive or order issued by any department member of a higher rank. (c) Violation of federal, state, local or administrative laws, rules or regulations. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Standards of Conduct - 180 Culver City Police Department Policy Manual Standards of Conduct 322.5.2 ETHICS (a) Using or disclosing one’s status as a member of the Culver City Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for nondepartment business or activity. (b) The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. (c) The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted). (d) Acceptance of fees, gifts or money contrary to the rules of this department and/or laws of the state. (e) Offer or acceptance of a bribe or gratuity. (f) Misappropriation or misuse of public funds, property, personnel or services. (g) Any other failure to abide by the standards of ethical conduct. 322.5.3 ATTENDANCE (a) Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permission and approval. (b) Unexcused or unauthorized absence or tardiness. (c) Excessive absenteeism or abuse of leave privileges. (d) Failure to report to work or to place of assignment at time specified and fully prepared to perform duties without reasonable excuse. 322.5.4 CONDUCT (a) Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law enforcement agency or that may result in criminal prosecution or discipline under this policy. (b) Unreasonable and unwarranted force to a person encountered or a person under arrest. (c) Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. (d) Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another. (e) Engaging in horseplay that reasonably could result in injury or property damage. (f) Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City. (g) Use of obscene, indecent, profane or derogatory language while on-duty or in uniform. (h) Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this department. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Standards of Conduct - 181 Culver City Police Department Policy Manual Standards of Conduct (i) Unauthorized possession of, loss of, or damage to department property or the property of others, or endangering it through carelessness or maliciousness. (j) Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person. (k) Activity that is incompatible with a member’s conditions of employment or appointment as established by law or that violates a provision of any memorandum of understanding or contract to include fraud in securing the appointment or hire. (l) Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Chief of Police of such action. (m) Any other on- or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. 322.5.5 PERFORMANCE (a) Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any work-related investigation. (b) The falsification of any work-related records, making misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any department record, public record, book, paper or document. (c) Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department-related business. (d) Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members. (e) Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members. (f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: (g) 1. While on department premises. 2. At any work site, while on-duty or while in uniform, or while using any department equipment or system. 3. Gambling activity undertaken as part of an officer official duties and with the express knowledge and permission of a direct supervisor is exempt from this prohibition. Improper political activity including: 1. Unauthorized attendance while on-duty at official legislative or political sessions. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Standards of Conduct - 182 Culver City Police Department Policy Manual Standards of Conduct 2. Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on-duty or, on department property except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police. (h) Engaging in political activities during assigned working hours except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police. (i) Any act on- or off-duty that brings discredit to this department. 322.5.6 DISCRIMINATION, OPPRESSION OR FAVORITISM Discriminating against, oppressing or providing favoritism to any person because of age, race, color, creed, religion, sex, sexual orientation, gender identity or expression, national origin, ancestry, marital status, physical or mental disability, medical condition or other classification protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power or immunity, knowing the conduct is unlawful. 322.5.7 RELATIONSHIPS (a) Unwelcome solicitation of a personal or sexual relationship while on-duty or through the use of one’s official capacity. (b) Engaging in on-duty sexual activity including, but not limited to, sexual intercourse, excessive displays of public affection or other sexual contact. (c) Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. (d) Associating with or joining a criminal gang, organized crime and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this department. (e) Associating on a personal, rather than official basis with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this department. 322.5.8 UNAUTHORIZED ACCESS, DISCLOSURE OR USE (a) Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms or reports obtained as a result of the member’s position with this department. 1. (b) Members of this department shall not disclose the name, address or image of any victim of human trafficking except as authorized by law (Penal Code § 293). Disclosing to any unauthorized person any active investigation information. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Standards of Conduct - 183 Culver City Police Department Policy Manual Standards of Conduct (c) The use of any information, photograph, video or other recording obtained or accessed as a result of employment or appointment to this department for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee. (d) Loaning, selling, allowing unauthorized use, giving away or appropriating any Culver City Police Department badge, uniform, identification card or department property for personal use, personal gain or any other improper or unauthorized use or purpose. (e) Using department resources in association with any portion of an independent civil action. These resources include, but are not limited to, personnel, vehicles, equipment and nonsubpoenaed records. 322.5.9 EFFICIENCY (a) Neglect of duty. (b) Unsatisfactory work performance including, but not limited to, failure, incompetence, inefficiency or delay in performing and/or carrying out proper orders, work assignments or the instructions of supervisors without a reasonable and bona fide excuse. (c) Concealing, attempting to conceal, removing or destroying defective or incompetent work. (d) Unauthorized sleeping during on-duty time or assignments. (e) Failure to notify the Department within 24 hours of any change in residence address, contact telephone numbers or marital status. 322.5.10 SAFETY (a) Failure to observe or violating department safety standards or safe working practices. (b) Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver license, first aid). (c) Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties. (d) Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off- duty. (e) Carrying, while on the premises of the work place, any firearm or other lethal weapon that is not authorized by the member’s appointing authority. (f) Unsafe or improper driving habits or actions in the course of employment or appointment. (g) Any personal action contributing to a preventable traffic collision. (h) Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours. 322.5.11 INTOXICANTS (a) Reporting for work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Standards of Conduct - 184 Culver City Police Department Policy Manual Standards of Conduct (b) Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on-duty performance. (c) Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug or non-prescribed medication to any work site. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Standards of Conduct - 185 Policy Culver City Police Department 323 Policy Manual Information Technology Use 323.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the proper use of department information technology resources, including computers, electronic devices, hardware, software and systems. 323.1.1 DEFINITIONS Definitions related to this policy include: Computer system - All computers (on-site and portable), electronic devices, hardware, software, and resources owned, leased, rented or licensed by the Culver City Police Department that are provided for official use by its members. This includes all access to, and use of, Internet Service Providers (ISP) or other service providers provided by or through the Department or department funding. Hardware - Includes, but is not limited to, computers, computer terminals, network equipment, electronic devices, telephones, including cellular and satellite, pagers, modems or any other tangible computer device generally understood to comprise hardware. Software - Includes, but is not limited to, all computer programs, systems and applications, including shareware. This does not include files created by the individual user. Temporary file, permanent file or file - Any electronic document, information or data residing or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar entries, appointments, tasks, notes, letters, reports, messages, photographs or videos. 323.2 POLICY It is the policy of the Culver City Police Department that members shall use information technology resources, including computers, software and systems, that are issued or maintained by the Department in a professional manner and in accordance with this policy. 323.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to emails, texts or anything published, shared, transmitted or maintained through file-sharing software or any Internet site that is accessed, transmitted, received or reviewed on any department computer system. The Department reserves the right to access, audit and disclose, for whatever reason, any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the Department, including the department email system, computer network and/or any information placed into storage on any department system or device. This includes records of all keystrokes or Web-browsing history made at any department computer or over any department network. The fact that access to a database, service or website requires a username or password will not create an expectation of privacy if it is accessed through department computers, electronic devices or networks. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Information Technology Use - 186 Culver City Police Department Policy Manual Information Technology Use However, the Department may not require a member to disclose a personal username or password or open a personal social website, except when access is reasonably believed to be relevant to the investigation of allegations of work-related misconduct (Labor Code § 980). 323.4 RESTRICTED USE Members shall not access computers, devices, software or systems for which they have not received prior authorization or the required training. Members shall immediately report unauthorized access or use of computers, devices, software or systems by another member to their supervisors or Watch Commanders. Members shall not use another person’s access passwords, logon information and other individual security data, protocols and procedures unless directed to do so by a supervisor. 323.4.1 SOFTWARE Members shall not copy or duplicate any copyrighted or licensed software except for a single copy for backup purposes in accordance with the software company’s copyright and license agreement. To reduce the risk of a computer virus or malicious software, members shall not install any unlicensed or unauthorized software on any department computer. Members shall not install personal copies of any software onto any department computer. When related to criminal investigations, software program files may be downloaded only with the approval of the information systems technology (IT) staff and with the authorization of the Chief of Police or the authorized designee. No member shall knowingly make, acquire or use unauthorized copies of computer software that is not licensed to the Department while on department premises, computer systems or electronic devices. Such unauthorized use of software exposes the Department and involved members to severe civil and criminal penalties. Introduction of software by members should only occur as part of the automated maintenance or update process of department- or City-approved or installed programs by the original manufacturer, producer or developer of the software. Any other introduction of software requires prior authorization from IT staff and a full scan for malicious attachments. 323.4.2 HARDWARE Access to technology resources provided by or through the Department shall be strictly limited to department-related activities. Data stored on or available through department computer systems shall only be accessed by authorized members who are engaged in an active investigation or assisting in an active investigation, or who otherwise have a legitimate law enforcement or department-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Information Technology Use - 187 Culver City Police Department Policy Manual Information Technology Use 323.4.3 INTERNET USE Internet sites containing information that is not appropriate or applicable to department use and which shall not be intentionally accessed include, but are not limited to, adult forums, pornography, gambling, chat rooms and similar or related Internet sites. Certain exceptions may be permitted with the express approval of a supervisor as a function of a member’s assignment. . 323.5 PROTECTION OF AGENCY SYSTEMS AND FILES All members have a duty to protect the computer system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care and maintenance of the computer system. Members shall ensure department computers and access terminals are not viewable by persons who are not authorized users. Computers and terminals should be secured, users logged off and password protections enabled whenever the user is not present. Access passwords, logon information and other individual security data, protocols and procedures are confidential information and are not to be shared. Password length, format, structure and content shall meet the prescribed standards required by the computer system or as directed by a supervisor and shall be changed at intervals as directed by IT staff or a supervisor. It is prohibited for a member to allow an unauthorized user to access the computer system at any time or for any reason. Members shall promptly report any unauthorized access to the computer system or suspected intrusion from outside sources (including the Internet) to a supervisor. 323.6 INSPECTION OR REVIEW A supervisor or the authorized designee has the express authority to inspect or review the computer system, all temporary or permanent files, related electronic systems or devices, and any contents thereof, whether such inspection or review is in the ordinary course of his/her supervisory duties or based on cause. Reasons for inspection or review may include, but are not limited to, computer system malfunctions, problems or general computer system failure, a lawsuit against the Department involving one of its members or a member’s duties, an alleged or suspected violation of any department policy, a request for disclosure of data, or a need to perform or provide a service. The IT staff may extract, download or otherwise obtain any and all temporary or permanent files residing or located in or on the department computer system when requested by a supervisor or during the course of regular duties that require such information. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Information Technology Use - 188 Policy Culver City Police Department 324 Policy Manual Report Preparation 324.1 PURPOSE AND SCOPE Report preparation is a major part of each officer's job. The purpose of reports is to document sufficient information to refresh the officer’s memory and to provide sufficient information for followup investigation and successful prosecution. Report writing is the subject of substantial formalized training and on-the-job training. 324.1.1 REPORT PREPARATION Employees should ensure that reports are sufficiently detailed for their purpose and free from errors prior to submission. It is the responsibility of the assigned employee to complete and submit all reports taken during the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee will be required by the reviewing supervisor to promptly make corrections and resubmit the report. Employees who dictate reports shall use appropriate grammar, as content is not the responsibility of the typist. Employees who generate reports on computers are subject to all requirements of this policy. All reports shall accurately reflect the identity of the persons involved, all pertinent information seen, heard or assimilated by any other sense, and any actions taken. Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. Generally, the reporting employee’s opinions should not be included in reports unless specifically identified as such. 324.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate department approved form unless otherwise approved by a supervisor. 324.2.1 CRIMINAL ACTIVITY When a member responds to a call for service, or as a result of self-initiated activity becomes aware of any activity where a crime has occurred, the member should document the incident regardless of whether a victim desires prosecution. Activity to be documented in a written report includes: (a) All arrests (b) All felony crimes (c) Non-Felony incidents involving threats or stalking behavior (d) Situations covered by separate policy. These include: 1. Use of Force Policy Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Report Preparation - 189 Culver City Police Department Policy Manual Report Preparation (e) 2. Domestic Violence Policy 3. Child Abuse Policy 4. Adult Abuse Policy 5. Hate Crimes Policy 6. Suspicious Activity Reporting Policy All misdemeanor crimes where the victim desires a report Misdemeanor crimes where the victim does not desire a report shall be documented using the department-approved alternative reporting method (e.g., dispatch log). 324.2.2 NON-CRIMINAL ACTIVITY The following incidents shall be documented using the appropriate approved report: (a) Any use of force against any person by a member of this department (see the Use of Force Policy) (b) Any firearm discharge (see the Firearms Policy) (c) Anytime a person is reported missing, regardless of jurisdiction (see the Missing Persons Policy) (d) Any found property or found evidence (e) Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting Policy) (f) Suspicious incidents that may indicate a potential for crimes against children or that a child’s safety is in jeopardy (g) All protective custody detentions (h) Suspicious incidents that may place the public or others at risk (i) Whenever the employee believes the circumstances should be documented or at the direction of a supervisor 324.2.3 DEATH CASES Death investigations require specific investigation methods depending on circumstances and should be handled in accordance with the Death Investigations Policy. The handling officer should notify and apprise a supervisor of the circumstances surrounding the incident to determine how to proceed. The following cases shall be appropriately investigated and documented using the approved report: (a) Sudden or accidental deaths. (b) Suicides. (c) Homicide or suspected homicide. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Report Preparation - 190 Culver City Police Department Policy Manual Report Preparation (d) Unattended deaths (No physician or qualified hospice care in the 20 days preceding death). (e) Found dead bodies or body parts. 324.2.4 INJURY OR DAMAGE BY CITY PERSONNEL Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally, reports shall be taken involving damage to City property or City equipment. 324.2.5 MISCELLANEOUS INJURIES Any injury that is reported to this department shall require a report when: (a) The injury is a result of drug overdose (b) Attempted suicide (c) The injury is major/serious, whereas death could result (d) The circumstances surrounding the incident are suspicious in nature and it is desirable to record the event The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an employee to document any incident he/she deems necessary. 324.2.6 MANDATORY REPORTING OF JUVENILE GUNSHOT INJURIES A report shall be taken when any incident in which a child 18 years or younger suffered an unintentional or self-inflicted gunshot wound. The Records Section shall notify the California Department of Public Health (CDPH) of the incident, on a form provided by the state. Forms may be obtained from the CDPH website (Penal Code § 23685). 324.3 GENERAL POLICY OF EXPEDITIOUS REPORTING In general, all officers and supervisors shall act with promptness and efficiency in the preparation and processing of all reports. An incomplete report, unorganized reports or reports delayed without supervisory approval are not acceptable. Reports shall be processed according to established priorities or according to special priority necessary under exceptional circumstances. 324.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS Some incidents and report forms lend themselves to block print rather than typing. In general, the narrative portion of those reports where an arrest is made or when there is a long narrative should be typed or dictated. Supervisors may require, with the foregoing general policy in mind, block printing or typing of reports of any nature for departmental consistency. 324.3.2 GENERAL USE OF OTHER HANDWRITTEN FORMS County, state and federal agency forms may be block printed as appropriate. In general, the form itself may make the requirement for typing apparent. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Report Preparation - 191 Culver City Police Department Policy Manual Report Preparation 324.4 REPORT CORRECTIONS Supervisors shall review reports for content and accuracy. If a correction is necessary, the original report should be returned to the reporting employee for correction as soon as practical. It shall be the responsibility of the originating officer to ensure that any report returned for correction is processed in a timely manner. 324.5 REPORT CHANGES OR ALTERATIONS Reports that have been approved by a supervisor and accepted by the Records Section for filing and distribution shall not be modified or altered except by way of a supplemental report. Reviewed reports that have not yet been submitted to the Records Section may be corrected or modified by the authoring officer only with the knowledge and authorization of the reviewing supervisor. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Report Preparation - 192 Policy Culver City Police Department 325 Policy Manual Media Relations 325.1 PURPOSE AND SCOPE This policy provides guidelines for media releases and media access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. 325.2 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the Chief of Police, however, in situations not warranting immediate notice to the Chief of Police and in situations where the Chief of Police has given prior approval, Bureau Commanders, Watch Commanders and designated Public Information Officer(s) may prepare and release information to the media in accordance with this policy and the applicable law. 325.2.1 MEDIA REQUEST Any media request for information or access to a law enforcement situation shall be referred to the designated department media representative, or if unavailable, to the first available supervisor. Prior to releasing any information to the media, employees shall consider the following: (a) At no time shall any employee of this department make any comment or release any official information to the media without prior approval from a supervisor or the designated department media representative. (b) In situations involving multiple law enforcement agencies, every reasonable effort should be made to coordinate media releases with the authorized representative of each involved agency prior to the release of any information by this department. (c) Under no circumstance should any member of this department make any comments to the media regarding any law enforcement incident not involving this department without prior approval of the Chief of Police. 325.3 MEDIA ACCESS Authorized members of the media shall be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities subject to the following conditions (Penal Code § 409.5(d)): (a) The media representative shall produce valid press credentials that shall be prominently displayed at all times while in areas otherwise closed to the public. (b) Media representatives may be prevented from interfering with emergency operations and criminal investigations. 1. Reasonable effort should be made to provide a safe staging area for the media that is near the incident and that will not interfere with emergency or criminal investigation operations. All information released to the media should be coordinated through the department Public Information Officer or other designated spokesperson. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Media Relations - 193 Culver City Police Department Policy Manual Media Relations 2. Whenever the presence of media or other aircraft pose a threat to public or officer safety or significantly hampers incident operations, the field supervisor should consider requesting a Temporary Flight Restriction (TFR). All requests for a TFR should be routed through the Watch Commander. The TFR request should include specific information regarding the perimeter and altitude necessary for the incident and should be requested through the appropriate control tower. If the control tower is not known, the Federal Aviation Administration should be contacted (14 CFR 91.137). (c) No member of this department who is under investigation shall be subjected to media visits or interviews without the consent of the involved employee (Government Code § 3303(e)). (d) Media interviews with individuals who are in custody should not be permitted without the approval of the Chief of Police and the express consent of the person in custody. A tactical operation should be handled in the same manner as a crime scene, except the news media shall be permitted within the outer perimeter of the scene, subject to any restrictions as determined by the supervisor in charge. Department members shall not jeopardize a tactical operation in order to accommodate the news media. All comments to the media shall be coordinated through a supervisor or the Public Information Officer. 325.3.1 PROVIDING ADVANCE INFORMATION To protect the safety and rights of officers and other persons, advance information about planned actions by law enforcement personnel, such as movement of persons in custody or the execution of an arrest or search warrant, should not be disclosed to the news media, nor should media representatives be invited to be present at such actions except with the prior approval of the Chief of Police. Any exceptions to the above should only be considered for the furtherance of legitimate law enforcement purposes. Prior to approving any exception the Chief of Police will consider, at minimum, whether the release of information or presence of the media would unreasonably endanger any individual, prejudice the rights of any person or is otherwise prohibited by law. 325.4 SCOPE OF INFORMATION SUBJECT TO RELEASE The Department will maintain a daily information log of significant law enforcement activities that shall be made available, upon request, to media representatives through the Records Supervisor. This log will generally contain the following information: (a) The date, time, location, case number, type of crime, extent of injury or loss, and names of individuals (except confidential informants) involved in crimes occurring within this jurisdiction unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Media Relations - 194 Culver City Police Department Policy Manual Media Relations (b) The date, time, location, case number, name, birth date and charges for each person arrested by this department unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation (c) The time and location of other significant law enforcement activities or requests for service with a brief summary of the incident subject to the restrictions of this policy and applicable law At no time shall identifying information pertaining to a juvenile arrestee (13 years of age and under), victim or witness be publicly released without prior approval of a competent court. The identity of a minor 14 years of age or older shall not be publicly disclosed unless the minor has been arrested for a serious felony and the release of such information has been approved by the Watch Commander (Welfare and Institutions Code § 827.5). Information concerning incidents involving certain sex crimes and other offenses set forth in Government Code § 6254(f) shall be restricted in accordance with applicable statutory provisions. Identifying information concerning deceased individuals shall not be released to the media until notification of next of kin or otherwise cleared through the Coroner's Office. Any requests for copies of related reports or additional information not contained in this log shall be referred to the designated department media representative, the custodian of records, or if unavailable, to the Watch Commander. Such requests will generally be processed in accordance with the provisions of the Public Records Act (Government Code § 6250, et seq.). 325.4.1 RESTRICTED INFORMATION It shall be the responsibility of the authorized employee dealing with media requests to ensure that restricted information is not inappropriately released to the media by this department. When in doubt, authorized and available legal counsel should be obtained. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Media Relations - 195 Policy Culver City Police Department 326 Policy Manual Subpoenas and Court Appearances 326.1 PURPOSE AND SCOPE This policy establishes the guidelines for department members who must appear in court. It will allow the Culver City Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 326.2 POLICY Culver City Police Department members will respond appropriately to all subpoenas and any other court-ordered appearances. 326.3 SUBPOENAS Only department members authorized to receive a subpoena on behalf of this department or any of its members may do so. This may be accomplished by personal service to the officer or by delivery of two copies of the subpoena to the officer's supervisor or other authorized departmental agent (Government Code § 68097.1; Penal Code § 1328(c)). The party that issues a civil subpoena to an officer to testify as a witness must tender the statutory fee of $275 with the subpoena for each day that an appearance is required before service is accepted of the subpoena (Government Code § 68097.2). An immediate supervisor or authorized individual may refuse to accept service for a criminal subpoena if (Penal Code § 1328(d)(e)): (a) He/she knows that he/she will be unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena. (b) It is less than five working days prior to the date listed for an appearance and he/she is not reasonably certain that service can be completed. If, after initially accepting service of a criminal subpoena, a supervisor or other authorized individual determines that he/she is unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena, the supervisor or the subpoena clerk shall notify the server or the attorney named on the subpoena of such not less than 48 hours prior to the date listed for the appearance (Penal Code § 1328(f)). 326.3.1 SPECIAL NOTIFICATION REQUIREMENTS Any member who is subpoenaed to testify, agrees to testify or provides information on behalf of or at the request of any party other than the City Attorney or the prosecutor shall notify his/her immediate supervisor without delay regarding: (a) Any civil case where the City or one of its members, as a result of his/her official capacity, is a party. (b) Any civil case where any other city, county, state or federal unit of government or a member of any such unit of government, as a result of his/her official capacity, is a party. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Subpoenas and Court Appearances - 196 Culver City Police Department Policy Manual Subpoenas and Court Appearances (c) Any criminal proceeding where the member is called to testify or provide information on behalf of the defense. (d) Any civil action stemming from the member’s on-duty activity or because of his/her association with the Culver City Police Department. (e) Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the Culver City Police Department. The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as may be indicated by the case. The Chief of Police should determine if additional legal support is necessary. No member shall be retaliated against for testifying in any matter. 326.3.2 CIVIL SUBPOENA The Department will compensate members who appear in their official capacities on civil matters arising out of their official duties, as directed by the current memorandum of understanding or collective bargaining agreement. The Department should seek reimbursement for the member’s compensation through the civil attorney of record who subpoenaed the member. 326.3.3 OFF-DUTY RELATED SUBPOENAS Members receiving valid subpoenas for off-duty actions not related to their employment or appointment will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors. 326.4 FAILURE TO APPEAR Any member who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 326.5 STANDBY To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Department. If a member on standby changes his/her location during the day, the member shall notify the designated department member of how he/she can be reached. Members are required to remain on standby until released by the court or the party that issued the subpoena. 326.6 COURTROOM PROTOCOL When appearing in court, members shall: (a) Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear. (b) Dress in the department uniform or business attire. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Subpoenas and Court Appearances - 197 Culver City Police Department Policy Manual Subpoenas and Court Appearances (c) Observe all rules of the court in which they are appearing and remain alert to changes in the assigned courtroom where their matter is to be heard. 326.6.1 TESTIMONY Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and become familiar with the content in order to be prepared for court. 326.7 OVERTIME APPEARANCES When a member appears in court on his/her off-duty time, he/she will be compensated in accordance with the current memorandum of understanding or collective bargaining agreement. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Subpoenas and Court Appearances - 198 Policy Culver City Police Department 327 Policy Manual Reserve Officers 327.1 PURPOSE AND SCOPE The Culver City Police Department Reserve Unit was established to supplement and assist regular sworn police officers in their duties. This unit provides professional, sworn volunteer reserve officers who can augment regular staffing levels. 327.2 SELECTION AND APPOINTMENT OF POLICE RESERVE OFFICERS The Culver City Police Department shall endeavor to recruit and appoint to the Reserve Unit only those applicants who meet the high ethical, moral and professional standards set forth by this department. 327.2.1 PROCEDURE All applicants shall be required to meet and pass the same pre-employment procedures as regular police officers before appointment. Before appointment to the Police Reserve Unit, an applicant must have completed, or be in the process of completing, a POST approved basic academy or extended basic academy. 327.2.2 APPOINTMENT Applicants who are selected for appointment to the Police Reserve Unit shall, on the recommendation of the Chief of Police, be sworn in by the Chief of Police and take a loyalty oath to observe and obey all of the laws of the land and to carry out their duties to the best of their ability. 327.2.3 COMPENSATION FOR POLICE RESERVE OFFICERS Compensation for reserve officers is provided as follows: All reserve officer appointees are issued designated safety equipment. All property issued to the reserve officer shall be returned to the Department upon termination or resignation. Upon submission of purchase receipt(s), Reserves shall receive reimbursement for uniform purchases pre-approved through the Reserve Coordinator. 327.2.4 EMPLOYEES WORKING AS RESERVE OFFICERS Qualified employees of this department, when authorized, may also serve as reserve officers. However, the Department must not utilize the services of a reserve or volunteer in such a way that it would violate employment laws or labor agreements (e.g., a detention officer working as a reserve officer for reduced or no pay). Therefore, the Reserve Coordinator should consult the Personnel Department prior to an employee serving in a reserve or volunteer capacity (29 CFR 553.30). 327.3 DUTIES OF RESERVE OFFICERS Reserve officers assist regular officers in the enforcement of laws and in maintaining peace and order within the community. Assignments of reserve officers will usually be to augment the Operations Bureau. Reserve officers may be assigned to other areas within the Department as Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Reserve Officers - 199 Culver City Police Department Policy Manual Reserve Officers needed. Reserve officers are required to work a minimum of 20 hours, and attend a four hour meeting per month. 327.3.1 POLICY COMPLIANCE Police reserve officers shall be required to adhere to all departmental policies and procedures. A copy of the policies and procedures will be made available to each reserve officer upon appointment and he/she shall become thoroughly familiar with these policies. Whenever a rule, regulation, or guideline in this manual refers to a sworn regular full-time officer, it shall also apply to a sworn reserve officer unless by its nature it is inapplicable. 327.3.2 RESERVE OFFICER ASSIGNMENTS All reserve officers will be assigned to duties by the Reserve Coordinator or his/her designee. 327.3.3 RESERVE COORDINATOR The Chief of Police shall delegate the responsibility for administering the Reserve Officer Program to a Reserve Coordinator. The Reserve Coordinator shall have the responsibility of, but not be limited to: (a) Assignment of reserve personnel (b) Conducting reserve meetings (c) Establishing and maintaining a reserve call-out roster (d) Maintaining and ensuring performance evaluations are completed (e) Monitoring individual reserve officer performance (f) Monitoring overall Reserve Program (g) Maintaining liaison with other agency Reserve Coordinators 327.4 FIELD TRAINING Penal Code § 832.6 requires Level II reserve officers, who have not been released from the immediate supervision requirement per the Completion of the Formal Training Process subsection, to work under the immediate supervision of a peace officer who possesses a Basic POST Certificate. 327.4.1 TRAINING OFFICERS Officers of this department, who demonstrate a desire and ability to train reserve officers, may train the reserves during Phase II, subject to Watch Commander approval. 327.4.2 PRIMARY TRAINING OFFICER Upon completion of the Academy, reserve officers will be assigned to a primary training officer. The primary training officer will be selected from members of the Field Training Officer (FTO) Committee. The reserve officer will be assigned to work with his/her primary training officer during the first 160 hours of training. This time shall be known as the Primary Training Phase. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Reserve Officers - 200 Culver City Police Department Policy Manual Reserve Officers 327.4.3 FIELD TRAINING MANUAL Each new reserve officer will be issued a Field Training Manual at the beginning of his/her Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as an officer with the Culver City Police Department. The reserve officer shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. 327.4.4 COMPLETION OF THE PRIMARY TRAINING PHASE At the completion of the Primary Training Phase, (Phase I) the primary training officer will meet with the Reserve Coordinator. The purpose of this meeting is to discuss the progress of the reserve officer in training. If the reserve officer has progressed satisfactorily, he/she will then proceed to Phase II of the training. If he/she has not progressed satisfactorily, the Reserve Coordinator will determine the appropriate action to be taken. 327.4.5 SECONDARY TRAINING PHASE The Secondary Training Phase (Phase II) shall consist of 100 hours of additional on-duty training. The reserve officer will no longer be required to ride with his/her primary training officer. The reserve officer may now ride with any officer designated by the Watch Commander. During Phase II of training, as with Phase I, the reserve officer's performance will be closely monitored. In addition, rapid progress should continue towards the completion of the Officer's Field Training Manual. At the completion of Phase II of training, the reserve officer will return to his/her primary training officer for Phase III of the training. 327.4.6 THIRD TRAINING PHASE Phase III of training shall consist of 24 hours of additional on-duty training. For this training phase, the reserve officer will return to his/her original primary training officer. During this phase, the training officer will evaluate the reserve officer for suitability to graduate from the formal training program. At the completion of Phase III training, the primary training officer will meet with the Reserve Coordinator. Based upon the reserve officer's evaluations, plus input from the primary training officer, the Reserve Coordinator shall decide if the reserve officer has satisfactorily completed his/ her formal training. If the reserve officer has progressed satisfactorily, he/she will then graduate from the formal training process. If his/her progress is not satisfactory, the Reserve Coordinator will decide upon the appropriate action to be taken. 327.4.7 COMPLETION OF THE FORMAL TRAINING PROCESS When a reserve officer has satisfactorily completed all three phases of formal training, he/she will have had a minimum of 284 hours of on-duty training. He/she will no longer be required to ride with a reserve training officer. The reserve officer may now be assigned to ride with any officer for the remaining 200-hour requirement for a total of 484 hours before being considered for relief of immediate supervision. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Reserve Officers - 201 Culver City Police Department Policy Manual Reserve Officers 327.5 SUPERVISION OF RESERVE OFFICERS Reserve officers who have attained the status of Level II shall be under the immediate supervision of a regular sworn officer (Penal Code 832.6). The immediate supervision requirement shall also continue for reserve officers who have attained Level I status unless special authorization is received from the Reserve Coordinator with the approval of the Bureau Commander. 327.5.1 SPECIAL AUTHORIZATION REQUIREMENTS Reserve officers certified as Level I may, with prior authorization of the Reserve Coordinator and on approval of the Reserve Program Lieutenant, be relieved of the "immediate supervision" requirement. Level I reserve officers may function under the authority of Penal Code § 832.6(a) (1) only for the duration of the assignment or purpose for which the authorization was granted. In the absence of the Reserve Coordinator and the Bureau Commander, the Watch Commander may assign a certified Level I reserve officer to function under the authority of Penal Code § 832.6(a)(1) for specific purposes and duration. 327.5.2 RESERVE OFFICER MEETINGS All reserve officer meetings will be scheduled and conducted by the Reserve Coordinator. All reserve officers are required to attend scheduled meetings. Any absences must be satisfactorily explained to the Reserve Coordinator. 327.5.3 IDENTIFICATION OF RESERVE OFFICERS All reserve officers will be issued a uniform badge and a Department identification card. The uniform badge shall be the same as that worn by a regular full-time officer. The identification card will be the standard identification card with the exception that "Reserve" will be indicated on the card. 327.5.4 UNIFORM Reserve officers shall conform to all uniform regulation and appearance standards of this department. 327.5.5 INVESTIGATIONS AND COMPLAINTS If a reserve officer has a complaint made against him/her or becomes involved in an internal investigation, that complaint or internal investigation may be investigated by the Professional Standards Unit or the Reserve Coordinator. Reserve officers are considered at-will employees. Government Code § 3300 et seq. applies to reserve officers with the exception that the right to a hearing is limited to the opportunity to clear their name. Any disciplinary action that may have to be administered to a reserve officer shall be accomplished as outlined in the Policy Manual. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Reserve Officers - 202 Culver City Police Department Policy Manual Reserve Officers 327.5.6 RESERVE OFFICER EVALUATIONS While in training reserves will be continuously evaluated using standardized daily and weekly observation reports. The reserve will be considered a trainee until all of the training phases have been completed. Reserves having completed their field training will be evaluated annually using performance dimensions applicable to the duties and authorities granted to that reserve. 327.5.7 SUSPENSION FROM SERVICE When an incident involving a Reserve Officer is of a nature warranting such action, the officer may be temporarily suspended from the Section. The period of the suspension shall be determined by the nature of the incident. The decision on whether or not an officer should be suspended from the Section shall be that of the Bureau Commander and upon approval of the Chief of Police. 327.5.8 REMOVAL FROM MEMBERSHIP A Reserve Officer may be removed from the Reserve Program by the Traffic Bureau Commander based upon the recommendation of the Reserve Coordinator and or the Community/Media Relations Lieutenant. A Reserve Officer's course of appeal shall be the Chief of Police. Such appeal shall be made within ten (10) calendar days of the disciplinary action. 327.6 FIREARMS REQUIREMENTS Penal Code § 830.6(a)(1) designates a reserve officer as having peace officer powers during his/ her assigned tour of duty, provided the reserve officer qualifies or falls within the provisions of Penal Code § 832.6. 327.6.1 CARRYING WEAPON ON DUTY Penal Code § 830.6(a)(1) permits qualified reserve officers to carry a loaded firearm while onduty. It is the policy of this department to allow reserves to carry firearms only while on-duty or to and from duty. 327.6.2 CONCEALED FIREARMS PROHIBITED No reserve officer will be permitted to carry a concealed firearm while in an off-duty capacity, other than to and from work, except those reserve officers who possess a valid CCW permit. An instance may arise where a reserve officer is assigned to a plainclothes detail for his/her assigned tour of duty. Under these circumstances, the reserve officer may be permitted to carry a weapon more suited to the assignment with the knowledge and approval of the supervisor in charge of the detail. Any reserve officer who is permitted to carry a firearm other than the assigned duty weapon may do so only after verifying that the weapon conforms to departmental standards. The weapon must be registered by the reserve officer and be inspected and certified as fit for service by a departmental armorer. Before being allowed to carry any optional firearm during an assigned tour of duty, the reserve officer shall have demonstrated his/her proficiency with said weapon. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Reserve Officers - 203 Culver City Police Department Policy Manual Reserve Officers When a reserve officer has satisfactorily completed all three phases of training (as outlined in the Field Training section), he/she may be issued a permit to carry a concealed weapon. The decision to issue a concealed weapon permit will be made by the Chief of Police with input from the Reserve Program Coordinator and administrative staff. In issuing a concealed weapon permit a reserve officer's qualification will be individually judged. A reserve officer's dedication to the program and demonstrated maturity, among other factors, will be considered before a concealed weapon permit will be issued. Once issued, the concealed weapon permit will be valid only for as long as the reserve officer remains in good standing as a Reserve Officer with the Culver City Police Department. 327.6.3 RESERVE OFFICER FIREARM TRAINING All reserve officers are required to maintain proficiency with firearms used in the course of their assignments. Reserve officers shall comply with all areas of the firearms training section of the Policy Manual, with the following exceptions: (a) All reserve officers are required to qualify with their duty weapon(s) as outlined for all sworn personnel in this Policy Manual (b) Should a reserve officer fail to qualify over a two-month period, that reserve officer will not be allowed to carry a firearm until he/she has reestablished his/her proficiency 327.7 EMERGENCY CALL-OUT FOR RESERVE PERSONNEL The Reserve Coordinator shall develop a plan outlining an emergency call-out procedure for reserve personnel. 327.7.1 PLANNED EVENTS Where the Department has prior knowledge of planned events such as parades, demonstrations and the like, plans will be finalized prior to the event. Use of the Police Reserve Section at the scene of such events shall be indicated in the Department plan and all Reserve Officers shall have prior knowledge of their respective assignments and responsibilities. 327.8 RESERVE OFFICER BASIC DUTIES All Reserve Officers shall perform their duties as assigned in the same manner as Regular Officers, except as limited by the following: (a) Level III Reserve Officers, with the authorization of the Traffic Bureau Commander, may carry a firearm while on duty. Unless they possess a concealed weapon permit, Level III Reserve Officers are not authorized to carry a firearm while off duty. They shall not be assigned to work active patrol or detective assignments. Level III Reserves should always be supervised by a Regular Officer. (b) Level II Reserve Officers may be assigned the same or similar duties as a Regular Officer. Unless authorized by the Traffic Bureau Commander, Level II Reserve Officers shall not be assigned to any active enforcement duty without being accompanied by or directly supervised by a Regular Officer. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Reserve Officers - 204 Culver City Police Department Policy Manual Reserve Officers (c) Level I Reserve Officers may be assigned to the same duties as a Regular Officer. (d) Such duties of any Reserve Officer as outlined above may be restricted by the policy or order of the Chief of Police, Bureau Commander, or Bureau Lieutenant. 327.9 LEAVE OF ABSENCE The following procedures apply to those officers desiring to request a leave of absence from "Active" status within the Reserve Section: (a) Submit a written request to the Reserve Officer in Charge stating the reasons for desiring the leave. (b) The Reserve Section Officer in Charge shall review and forward the request to the Bureau Lieutenant for his review and submission to the Bureau Commander for his review and concurrence with the request. The Bureau Commander shall note the approval and cause it to be placed in the concerned officer's file. He shall then cause the officer to be notified of the result. (c) An official leave of absence shall not affect the "Active" status of the concerned officer, unless it extends beyond six months, at which time the officer shall be placed in an "Inactive" status. 327.10 RANK STRUCTURE Reserve officer program rank structure will be determined by the Traffic Bureau Commander based on the recommendations of the Reserve Coordinator and the Community/Media Relations Lieutenant. 327.11 RESERVE OFFICER CREDENTIALED RETIREMENT After twenty years of honorable service with the Department, Reserve Officer retirees may be issued an appropriate "retired" badge and identification card. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Reserve Officers - 205 Policy Culver City Police Department 328 Policy Manual Outside Agency Assistance 328.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members when requesting or responding to a request for mutual aid or when assisting another law enforcement agency. 328.2 POLICY It is the policy of the Culver City Police Department to promptly respond to requests for assistance by other law enforcement agencies, subject to available resources and consistent with the applicable laws and policies of this department. 328.3 ASSISTING OUTSIDE AGENCIES Generally, requests for any type of assistance from another agency should be routed to the Watch Commander’s office for approval. In some instances, a memorandum of understanding or other established protocol may exist that eliminates the need for approval of individual requests. When another law enforcement agency requests assistance from this department, the Watch Commander may authorize, if available, an appropriate number of personnel to assist. Members are reminded that their actions when rendering assistance must conform with applicable laws and be consistent with the policies of this department. Officers may respond to a request for emergency assistance, however, they shall notify a supervisor of their activity as soon as practicable. Arrestees may be temporarily detained by this department until arrangements for transportation are made by the outside agency. Probation violators who are temporarily detained by this department will not ordinarily be booked at this department. Only in exceptional circumstances, and subject to supervisor approval, will this department provide transportation of arrestees to other facilities on behalf of another agency. When transportation assistance is rendered, a report shall be prepared and submitted by the handling member unless otherwise directed by a supervisor. 328.3.1 INITIATED ACTIVITY Any on-duty officer who engages in law enforcement activities of any type that are not part of a mutual aid request and take place outside the jurisdiction of the Culver City Police Department shall notify his/her supervisor or the Watch Commander and Dispatch as soon as practicable. This requirement does not apply to special enforcement details or multi-agency units that regularly work in multiple jurisdictions. 328.4 REQUESTING OUTSIDE ASSISTANCE If assistance is needed from another agency, the member requesting assistance should, if practicable, first notify a supervisor. The handling member or supervisor should direct assisting personnel to where they are needed and to whom they should report when they arrive. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Outside Agency Assistance - 206 Culver City Police Department Policy Manual Outside Agency Assistance The requesting member should arrange for appropriate radio communication capabilities, if necessary and available, so that communication can be coordinated between assisting personnel. 328.5 REPORTING REQUIREMENTS Incidents of outside assistance or law enforcement activities that are not documented in a crime report shall be documented in a Incident Report, Supervisor's Log or as directed by the Watch Commander. 328.6 MANDATORY SHARING Equipment and supplies purchased with federal funds or grants that require such equipment and supplies be shared with other agencies should be documented and updated as necessary by the Administration and Investigations Bureau Commander or the authorized designee. The documentation should include: (a) The conditions relative to sharing. (b) The training requirements for: (c) 1. The use of the supplies and equipment. 2. The members trained in the use of the supplies and equipment. Any other requirements for use of the equipment and supplies. Copies of the documentation should be provided to Dispatch and the Watch Commander to ensure use of the equipment and supplies is in compliance with the applicable sharing agreements. The Personnel and Training Lieutenant should maintain documentation that the appropriate members have received the required training. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Outside Agency Assistance - 207 Policy Culver City Police Department 329 Policy Manual Megan's Law 329.1 PURPOSE AND SCOPE This policy establishes guidelines by which the Culver City Police Department will address issues associated with certain offenders who are residing in the jurisdiction and how the Department will disseminate information and respond to public inquiries for information about registered sex, arson and drug offenders. 329.2 POLICY It is the policy of the Culver City Police Department to identify and monitor registered offenders living within this jurisdiction and to take reasonable steps to address the risks those persons may pose. 329.3 REGISTRATION The Special Victim's Unit supervisor shall establish a process to reasonably accommodate registration of certain offenders. The process should rebut any allegation on the part of the offender that the registration process was too confusing, burdensome or difficult for compliance. If it is reasonable to do so, an investigator assigned to related investigations should conduct the registration in order to best evaluate any threat the person may pose to the community. Employees assigned to register offenders should receive appropriate training regarding the registration process. Upon conclusion of the registration process, the investigator shall ensure that the registration information is provided to the California Department of Justice (DOJ) in accordance with applicable law (Health and Safety Code § 11594; Penal Code § 457.1; Penal Code § 290 et seq). The refusal of a registrant to provide any of the required information or complete the process should initiate a criminal investigation for failure to register. 329.3.1 CONTENTS OF REGISTRATION The information collected from the registering offenders shall include a signed statement as required by the California DOJ, fingerprints and a photograph and any other information required by applicable law (Health and Safety Code § 11594; Penal Code § 457.1; Penal Code § 290 et seq.). 329.4 MONITORING OF REGISTERED OFFENDERS The Special Victim's Unit supervisor should establish a system to periodically, and at least once annually, verify that a registrant remains in compliance with his/her registration requirements after the initial registration. This verification should include: (a) Efforts to confirm residence using an unobtrusive method, such as an Internet search or drive-by of the declared residence. (b) Review of information on the California DOJ website for sex offenders. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Megan's Law - 208 Culver City Police Department Policy Manual Megan's Law (c) Contact with a registrant's parole or probation officer. Any discrepancies should be reported to the California DOJ. The Special Victim's Unit supervisor should also establish a procedure to routinely disseminate information regarding registered offenders to Culver City Police Department personnel, including timely updates regarding new or relocated registrants. 329.5 DISSEMINATION OF PUBLIC INFORMATION Employees will not unilaterally make a public notification advising the community of a particular registrant's presence in the community. Employees who identify a significant risk or other public safety issue associated with a registrant should promptly advise their supervisor. The supervisor should evaluate the request and forward the information to the Chief of Police if warranted. A determination will be made by the Chief of Police, with the assistance of legal counsel as necessary, whether such a public alert should be made. Members of the public requesting information on sex registrants should be provided the Megan's Law website or the Culver City Police Department's website. The Records Manager may release local registered offender information to residents only in accordance with applicable law (Penal Code § 290.45; Penal Code § 290.46; Penal Code § 457.1; Health and Safety Code § 11594), and in compliance with a California Public Records Act (Government Code § 6250-6276.48) request. 329.5.1 LIMITED RELEASE WITHIN COLLEGE CAMPUS COMMUNITY California law allows the following additional information regarding a registered sex offender on campus, whose information is not available to the public via the Internet website, to be released to a campus community (Penal Code § 290.01(d)): (a) The offender's full name (b) The offender's known aliases (c) The offender's sex (d) The offender's race (e) The offender's physical description (f) The offender's photograph (g) The offender's date of birth (h) Crimes resulting in the registration of the offender under Penal Code § 290 (i) The date of last registration For purposes of this section, campus community shall be defined as those persons present at or regularly frequenting any place constituting campus property, satellite facilities, laboratories, public areas contiguous to the campus and other areas set forth in Penal Code § 290.01(d). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Megan's Law - 209 Culver City Police Department Policy Manual Megan's Law 329.5.2 RELEASE NOTIFICATIONS Registrant information that is released should include notification that: (a) The offender registry includes only those persons who have been required by law to register and who are in compliance with the offender registration laws. (b) The information is provided as a public service and may not be current or accurate. (c) Persons should not rely solely on the offender registry as a safeguard against offenses in their communities. (d) The crime for which a person is convicted may not accurately reflect the level of risk. (e) Anyone who uses information contained in the registry to harass registrants or commit any crime may be subject to criminal prosecution. (f) The purpose of the release of information is to allow members of the public to protect themselves and their children from sex offenders (Penal Code 290.45). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Megan's Law - 210 Policy Culver City Police Department 330 Policy Manual Major Incident Notification 330.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of this department in determining when, how and to whom notification of major incidents should be made. 330.2 POLICY The Culver City Police Department recognizes that certain incidents should be brought to the attention of supervisors or other specified personnel of this department to facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed. 330.3 MINIMUM CRITERIA FOR NOTIFICATION Most situations where the media show a strong interest are also of interest to the Chief of Police and the affected Bureau Commander. The following list of incident types is provided as a guide for notification and is not intended to be all inclusive: • Homicides • Traffic accidents with fatalities • Officer-involved shooting - on or off duty (see Officer-Involved Shootings and Deaths Policy for special notifications) • Significant injury or death to employee - on or off duty • Death of a prominent Culver City official • Arrest of a department employee or prominent Culver City official • Aircraft crash with major damage and/or injury or death • In-custody deaths 330.4 WATCH COMMANDER RESPONSIBILITY The Watch Commander is responsible for making the appropriate notifications. The Watch Commander shall make reasonable attempts to obtain as much information on the incident as possible before notification. The Watch Commander shall attempt to make the notifications as soon as practicable. Notification should be made by calling the home telephone number first and then by any other available contact numbers. 330.4.1 STAFF NOTIFICATION In the event an incident occurs described in the Major Incident Notification Policy, the Chief of Police shall be notified along with the affected Bureau Commander and the Detective Lieutenant if that bureau is affected. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Major Incident Notification - 211 Culver City Police Department Policy Manual Major Incident Notification 330.4.2 DETECTIVE NOTIFICATION If the incident requires that a detective respond from home, the immediate supervisor of the appropriate detail shall be contacted who will then contact the appropriate detective. 330.4.3 TRAFFIC BUREAU NOTIFICATION In the event of a traffic fatality or major injury, the Traffic Sergeant shall be notified who will then contact the appropriate accident investigator. The Traffic Sergeant will notify the Traffic Lieutenant. 330.4.4 PUBLIC INFORMATION OFFICER (PIO) The Public Information Officer shall be called after members of staff have been notified that it appears the media may have a significant interest in the incident. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Major Incident Notification - 212 Policy Culver City Police Department 331 Policy Manual Death Investigation 331.1 PURPOSE AND SCOPE The investigations of cases involving death include those ranging from natural cause to homicide. Some causes of death may not be readily apparent and some cases differ substantially from what they appeared to be initially. The thoroughness of death investigations cannot be emphasized enough. 331.2 INVESTIGATION CONSIDERATIONS Death investigation cases require certain actions be taken. Paramedics shall be called in all suspected death cases unless the death is obvious (e.g., decapitated, decomposed). A supervisor shall be notified in all death investigations. 331.2.1 CORONER REQUEST Government Code § 27491 and Health & Safety Code § 102850 direct the Coroner to inquire into and determine the circumstances, manner and cause of certain deaths. The Coroner shall be called in any of the following cases: (a) Unattended deaths (No physician in attendance or during the continued absence of the attending physician. Also, includes all deaths outside hospitals and nursing care facilities). (b) Deaths where the deceased has not been attended by either a physician or a registered nurse, who is a member of a hospice care interdisciplinary team, as defined by Health and Safety Code § 1746 in the 20 days prior to death. (c) Physician unable to state the cause of death. Unwillingness does not apply. Includes all sudden, unexpected and unusual deaths and fetal deaths when the underlying cause is unknown. (d) Known or suspected homicide. (e) Known or suspected suicide. (f) Involving any criminal action or suspicion of a criminal act. Includes child and dependent adult negligence and abuse. (g) Related to or following known or suspected self-induced or criminal abortion. (h) Associated with a known or alleged rape or crime against nature. (i) Following an accident or injury (primary or contributory). Deaths known or suspected as resulting (in whole or in part) from or related to accident or injury, either old or recent. (j) Drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism, drug addiction, strangulation or aspiration. (k) Accidental poisoning (food, chemical, drug, therapeutic agents). (l) Occupational diseases or occupational hazards. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Death Investigation - 213 Culver City Police Department Policy Manual Death Investigation (m) Known or suspected contagious disease and constituting a public hazard. (n) All deaths in operating rooms and all deaths where a patient has not fully recovered from an anesthetic, whether in surgery, recovery room or elsewhere. (o) In prison or while under sentence. Includes all in-custody and police involved deaths. (p) All deaths of unidentified persons. (q) All deaths of state hospital patients. (r) Suspected Sudden Infant Death Syndrome (SIDS) deaths. (s) All deaths where the patient is comatose throughout the period of the physician’s attendance. Includes patients admitted to hospitals unresponsive and expire without regaining consciousness. The body shall not be disturbed or moved from the position or place of death without permission of the coroner. 331.2.2 SEARCHING DEAD BODIES The Coroner or Deputy Coroner is generally the only person permitted to search a body known to be dead from any of the circumstances set forth in Government Code § 27491. The only exception is that an officer is permitted to search the body of a person killed in a traffic collision for the limited purpose of locating an anatomical donor card (Government Code § 27491.3). If such a donor card is located, the Coroner or a designee shall be promptly notified. Should exigent circumstances indicate to an officer that any search of a known dead body is warranted prior to the arrival of the Coroner or a designee; the investigating officer shall first obtain verbal consent from the Coroner or a designee (Government Code § 27491.2). Whenever possible, a witness, preferably a relative to the deceased or a member of the household, should be requested to remain at the scene with the officer pending the arrival of the Coroner or a designee. The name and address of this person shall be included in the narrative of the death report. Whenever personal effects are removed from the body of the deceased by the Coroner or a designee, a receipt shall be obtained. This receipt shall be attached to the death report. 331.2.3 DEATH NOTIFICATION When practical, and if not handled by the Coroner’s Office, notification to the next-of-kin of the deceased person shall be made, in person, by the officer assigned to the incident. If the next-ofkin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make the personal notification. If the relatives live outside this county, the Coroner may be requested to make the notification. The Coroner needs to know if notification has been made. Assigned detectives may need to talk to the next-of-kin. 331.2.4 UNIDENTIFIED DEAD BODIES If the identity of a dead body cannot be established after the Coroner arrives, the Coroner’s office will issue a “John Doe" or "Jane Doe” number for the report. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Death Investigation - 214 Culver City Police Department Policy Manual Death Investigation 331.2.5 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented on the appropriate form. 331.2.6 SUSPECTED HOMICIDE If the initially assigned officer suspects that the death involves a homicide or other suspicious circumstances, the Investigations Bureau shall be notified to determine the possible need for a detective to respond to the scene for further immediate investigation. 331.2.7 EMPLOYMENT RELATED DEATHS OR INJURIES Any member of this agency who responds to and determines that a death, serious illness, or serious injury has occurred as a result of an accident at or in connection with the victim's employment shall ensure that the nearest office of Cal-OSHA is notified by telephone immediately or as soon as practicable with all pertinent information (8 CCR 342(b)). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Death Investigation - 215 Policy Culver City Police Department 332 Policy Manual OCCUPATIONAL INJURY OR DEATH RESPONSE 332.1 PURPOSE AND SCOPE California's Occupational Safety and Health Administration (O.S.H.A.) is responsible for issuing rules designed to ensure a safe and healthy work environment for workers throughout the state. A violation of those rules may result not only in administrative fines and penalties, but also potential criminal liability. Per Penal Code Sectionl 387 and Labor Code Section 6425, employers and/or employees may be guilty of a felony if they are found to be willfully in violation of safety rules that cause death or serious injury to any worker. As a result, any employee or employer with control over a workplace may be guilty of a homicide in the event of a workplace death. The Los angeles County District Attorney's Office has been instructed to become involved at the earliest possible moment during the investigation of occupational deaths and life-threatening injuries at a workplace. This also includes significant violations of environmental laws that pose substantial and serious threats to public safety and/or the environment. The Los Angeles County District Attorney's Office, in appropriate cases, intends to "roll out" to the scene of such incidents and assist in the investigations. The responding team will consist of one or more Distract Attorney Investigators and, if appropriate, a Deputy District Attorney. The Culver City Police Department has entered into an operational agreement with the Los Angeles County District Attorney's Office regarding a notification process when such circumstances arise. 332.2 REPORTING When an occupational death or serious injury in the workplace occurs, or a significant violation of environmental law that poses a serious threat to public safety and/or the environment occurs, the Los Angeles County District Attorney's Command Center shall be notified immediately at (213) 974-3607. The Culver City Police Department shall provide the following to the Command Center: (a) Department call back number and a brief description of the incident. (b) The name and location of the employer and/or the potential responsible party. (c) The name and age of the deceased or injured person(s), severity of injuries, the manner in which the injury was sustained and the contact information for the employer's safety manager. Upon arrival of the District Attorney roll out team, the Culver City Police Department shall maintain the primary responsibility to investigate the incident. The responsibility of the District Attorney roll out team will consist of assisting and advising the lead investigator on applicable criminal law issues, participate in the investigation when appropriate, and observe the overall investigation. As soon as practical, the Culver City Police Department will provide the following to the on-scene Deistrict Attorney roll out team: (a) An initial briefing of the incident. (b) The names and present whereabouts of the first responding officers and lead investigator. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department OCCUPATIONAL INJURY OR DEATH RESPONSE - 216 Culver City Police Department Policy Manual OCCUPATIONAL INJURY OR DEATH RESPONSE (c) The names, contact information and present whereabouts of all civilian witnesses including copies of all F.I. cards. (d) Any recorded or annotated statements from first responders, investigators, and civilian witnesses. (e) Any physical evidence discovered. (All physical evidence shall remain in the custody of the Culver City Police Department or the Los Angeles County Coroner's Office respectively). (f) A walkthrough of the scene. (g) The medical condition of any and all injured persons. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department OCCUPATIONAL INJURY OR DEATH RESPONSE - 217 Policy Culver City Police Department 333 Policy Manual Identity Theft 333.1 PURPOSE AND SCOPE Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This policy is intended to provide guidelines for the reporting and investigation of such crimes. 333.2 REPORTING (a) In an effort to maintain uniformity in reporting, officers presented with the crime of identity theft (Penal Code § 530.6) shall initiate a report for victims residing within the jurisdiction of this department. For incidents of identity theft occurring outside this jurisdiction, officers should observe the following: 1. For any victim not residing within this jurisdiction, the officer may either take a courtesy report to be forwarded to the victim's residence agency or the victim should be encouraged to promptly report the identity theft to the law enforcement agency where he or she resides. (b) While the crime of identity theft should be reported to the law enforcement agency where the victim resides, officers of this department should investigate and report crimes occurring within this jurisdiction which have resulted from the original identity theft (e.g., the identity theft occurred elsewhere, but the credit card fraud occurred and is reported in this jurisdiction). (c) Officers should include all known incidents of fraudulent activity (e.g., credit card number applied for in victim's name when the victim has never made such an application). (d) Officers should also cross-reference all known reports made by the victim (e.g., U.S. Secret Service, credit reporting bureaus, U.S. Postal Service and DMV) with all known report numbers. (e) The reporting officer should inform victims of identity theft that the California Identity Theft Registry (HTTP://ag.ca.gov/idtheft/general.htm) is available to help those who are wrongly linked to crimes. The registry can be checked by law enforcement and other authorized persons to investigate whether a criminal history or want was created in the victim's name (Penal Code § 530.7). Information regarding the California Identity Theft Registry can be obtained by calling toll free (888) 880-0240. (f) Following supervisory review and departmental processing, the initial report should be forwarded to the appropriate detective for follow up investigation, coordination with other agencies and prosecution as circumstances dictate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Identity Theft - 218 Policy Culver City Police Department 334 Policy Manual Private Persons Arrests 334.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the handling of private person's arrests made pursuant to Penal Code § 837. 334.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS Penal Code § 836(b) expressly mandates that all officers shall advise victims of domestic violence of the right to make a private person's arrest, including advice on how to safely execute such an arrest. In all other situations, officers should use sound discretion in determining whether or not to advise an individual of the arrest process. (a) When advising any individual regarding the right to make a private person's arrest, officers should refrain from encouraging or dissuading any individual from making such an arrest and should instead limit advice to the legal requirements for such an arrest as listed below. (b) Private individuals should be discouraged from using force to effect a private person's arrest, and absent immediate threat to their own safety or the safety of others, private individuals should be encouraged to refer matters to law enforcement officials for further investigation or arrest. 334.3 ARRESTS BY PRIVATE PERSONS Penal Code § 837 provides that a private person may arrest another: (a) For a public offense committed or attempted in his or her presence; (b) When the person arrested has committed a felony, although not in his or her presence; (c) When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested has committed it. Unlike peace officers, private persons may not make an arrest on suspicion that a felony has been committed - the felony must in fact have taken place. 334.4 OFFICER RESPONSIBILITIES Any officer presented with a private person wishing to make an arrest must determine whether or not there is reasonable cause to believe that such an arrest would be lawful (Penal Code § 847). (a) Should any officer determine that there is no reasonable cause to believe that a private person's arrest is lawful, the officer should take no action to further detain or restrain the individual beyond that which reasonably appears necessary to investigate the matter, determine the lawfulness of the arrest and protect the public safety. 1. Any officer who determines that a private person's arrest appears to be unlawful should promptly release the arrested individual pursuant to Penal Code § 849(b)(1). The officer must include the basis of such a determination in a related report. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Private Persons Arrests - 219 Culver City Police Department Policy Manual Private Persons Arrests 2. (b) Absent reasonable cause to support a private person's arrest or other lawful grounds to support an independent arrest by the officer, the officer should advise the parties that no arrest will be made and that the circumstances will be documented in a related report. Whenever an officer determines that there is reasonable cause to believe that a private person's arrest is lawful, the officer may exercise any of the following options: 1. Take the individual into physical custody for booking 2. Release the individual pursuant to a Notice to Appear 3. Release the individual pursuant to Penal Code § 849 334.5 REPORTING REQUIREMENTS In all circumstances in which a private person is claiming to have made an arrest, the individual must complete and sign a department Private Person's Arrest form under penalty of perjury. In addition to the Private Person's Arrest Form (and any other related documents such as citations, booking forms, etc.), officers shall complete a narrative report regarding the circumstances and disposition of the incident. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Private Persons Arrests - 220 Policy Culver City Police Department 335 Policy Manual Anti-Reproductive Rights Crimes Reporting 335.1 PURPOSE AND SCOPE This policy shall establish a procedure for the mandated reporting of Anti-Reproductive Rights Crimes (ARRC) to the Attorney General pursuant to the Reproductive Rights Law Enforcement Act (Penal Code § 13775 et seq.). 335.2 DEFINITIONS Penal Code § 423.2 provides that the following acts shall be considered Anti-Reproductive Rights Crimes (ARRC) when committed by any person, except a parent or guardian acting towards his or her minor child or ward: (a) By force, threat of force, or physical obstruction that is a crime of violence, intentionally injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with any person or entity because that person or entity is a reproductive health services client, provider, or assistant, or in order to intimidate any person or entity, or any class of persons or entities, from becoming or remaining a reproductive health services client, provider, or assistant (b) By non-violent physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, any person or entity because that person or entity is a reproductive health services client, provider, or assistant, or in order to intimidate any person or entity, or any class of persons or entities, from becoming or remaining a reproductive health services client, provider or assistant (c) Intentionally damages or destroys the property of a person, entity, or facility, or attempts to do so, because the person, entity, or facility is a reproductive health services client, provider, assistant, or facility 335.3 REPORTING REQUIREMENTS TO THE ATTORNEY GENERAL (a) Upon the receipt of the report of an ARRC, it shall be the responsibility of the employee taking such a report to also complete an ARRC Data Collection Worksheet (BCIA 8371) in accordance with the instructions contained on such forms. (b) The ARRC Data Collection Worksheet shall be processed with all related reports and forwarded to the Investigation Bureau Commander. (c) By the tenth day of each month, it shall be the responsibility of the Investigation Bureau Commander to ensure that a Summary Worksheet (BCIA 8370) is submitted to the Department of Justice Criminal Justice Statistics Center. 1. In the event that no ARRC(s) were reported during the previous month, a Summary Worksheet shall be submitted to Department of Justice with an indication that no such crimes were reported. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Anti-Reproductive Rights Crimes Reporting 221 Culver City Police Department Policy Manual Anti-Reproductive Rights Crimes Reporting 2. Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a copy of the related Data Collection Worksheet(s). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Anti-Reproductive Rights Crimes Reporting 222 Policy Culver City Police Department 336 Policy Manual Limited English Proficiency Services 336.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 336.1.1 DEFINITIONS Definitions related to this policy include: Authorized interpreter - A person who has been screened and authorized by the Department to act as an interpreter and/or translator for others. Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning. Limited English proficient (LEP) - Any individual whose primary language is not English and who has a limited ability to read, write, speak or understand English. These individuals may be competent in certain types of communication (e.g., speaking or understanding) but still be LEP for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an individual may possess sufficient English language skills to function in one setting but these skills may be insufficient in other situations. Qualified bilingual member - A member of the Culver City Police Department, designated by the Department, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual members may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another. Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 336.2 POLICY It is the policy of the Culver City Police Department to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens on its members. The Department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right. 336.3 FOUR-FACTOR ANALYSIS Since there are many different languages that members could encounter, the Department will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that law Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Limited English Proficiency Services - 223 Culver City Police Department Policy Manual Limited English Proficiency Services enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of four factors, which are: (a) The number or proportion of LEP individuals eligible to be served or likely to be encountered by department members, or who may benefit from programs or services within the jurisdiction of the Department or a particular geographic area. (b) The frequency with which LEP individuals are likely to come in contact with department members, programs or services. (c) The nature and importance of the contact, program, information or service provided. (d) The cost of providing LEP assistance and the resources available. 336.4 TYPES OF LEP ASSISTANCE AVAILABLE Culver City Police Department members should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services. The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. LEP individuals may choose to accept department-provided LEP services at no cost or they may choose to provide their own. Department-provided LEP services may include, but are not limited to, the assistance methods described in this policy. 336.5 WRITTEN FORMS AND GUIDELINES Vital documents or those that are frequently used should be translated into languages most likely to be encountered. The LEP Coordinator will arrange to make these translated documents available to members and other appropriate individuals, as necessary. 336.6 AUDIO RECORDINGS The Department may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served. 336.7 QUALIFIED BILINGUAL MEMBERS Bilingual members may be qualified to provide LEP services when they have demonstrated through established department procedures a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Members utilized for LEP services must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit. Additionally, bilingual members must be able to Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Limited English Proficiency Services - 224 Culver City Police Department Policy Manual Limited English Proficiency Services communicate technical and law enforcement terminology, and be sufficiently proficient in the non-English language to perform complicated tasks, such as conducting interrogations, taking statements, collecting evidence or conveying rights or responsibilities. When a qualified bilingual member from this department is not available, personnel from other City departments, who have been identified by the Department as having the requisite skills and competence, may be requested. 336.8 AUTHORIZED INTERPRETERS Any person designated by the Department to act as an authorized interpreter and/or translator must have demonstrated competence in both English and the involved non-English language, must have an understanding of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the department case or investigation involving the LEP individual. A person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation in a court proceeding. Authorized interpreters must pass a screening process established by Human Resources which demonstrates that their skills and abilities include: (a) The competence and ability to communicate information accurately in both English and in the target language. (b) Knowledge, in both languages, of any specialized terms or concepts peculiar to this department and of any particularized vocabulary or phraseology used by the LEP individual. (c) The ability to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. (d) Knowledge of the ethical issues involved when acting as a language conduit. 336.8.1 SOURCES OF AUTHORIZED INTERPRETERS The Department may contract with authorized interpreters who are available over the telephone. Members may use these services with the approval of a supervisor and in compliance with established procedures. Other sources may include: • Qualified bilingual members of this department or personnel from other City departments. • Individuals employed exclusively to perform interpretation services. • Contracted in-person interpreters, such as state or federal court interpreters, among others. • Interpreters from other agencies who have been qualified as interpreters by this department, and with whom the Department has a resource-sharing or other arrangement that they will interpret according to department guidelines. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Limited English Proficiency Services - 225 Culver City Police Department Policy Manual Limited English Proficiency Services 336.8.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE ASSISTANCE Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the Department to communicate with LEP individuals. Where qualified bilingual members or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. While family or friends of an LEP individual may offer to assist with communication or interpretation, members should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations. 336.9 CONTACT AND REPORTING While all law enforcement contacts, services and individual rights are important, this department will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular law enforcement activity involved. Whenever any member of this department is required to complete a report or other documentation, and interpretation services are provided to any involved LEP individual, such services should be noted in the related report. Members should document the type of interpretation services utilized and whether the individual elected to use services provided by the Department or some other identified source. 336.10 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The Culver City Police Department will take reasonable steps and will work with Human Resources to develop in-house language capacity by hiring or appointing qualified members proficient in languages representative of the community being served. 336.10.1 EMERGENCY CALLS TO 9-1-1 Department members will make every reasonable effort to promptly accommodate LEP individuals utilizing 9-1-1 lines. When a 9-1-1 call-taker receives a call and determines that the caller is an LEP individual, the call-taker shall quickly determine whether sufficient information can be obtained to initiate an appropriate emergency response. If language assistance is still needed, the language is known and a qualified bilingual member is available in Dispatch, the call shall immediately be handled by the qualified bilingual member. If a qualified bilingual member is not available or the call-taker is unable to identify the caller's language, the call-taker will contact the contracted telephone interpretation service and establish a three-way call between the call-taker, the LEP individual and the interpreter. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Limited English Proficiency Services - 226 Culver City Police Department Policy Manual Limited English Proficiency Services Dispatchers will make every reasonable effort to dispatch a qualified bilingual member to the assignment, if available and appropriate. While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to accommodate LEP individuals seeking routine access to services and information by utilizing the resources listed in this policy. 336.11 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary. Members and/or supervisors must assess each situation to determine the need and availability of language assistance to all involved LEP individuals and utilize the methods outlined in this policy to provide such assistance. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to request consent to search if the officer is unable to effectively communicate with an LEP individual. If available, officers should obtain the assistance of a qualified bilingual member or an authorized interpreter before placing an LEP individual under arrest. 336.12 INVESTIGATIVE FIELD INTERVIEWS In any situation where an interview may reveal information that could be used as the basis for arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or lacks the skills to directly communicate with the LEP individual, an authorized interpreter should be used. This includes interviews conducted during an investigation with victims, witnesses and suspects. In such situations, audio recordings of the interviews should be made when reasonably possible. Identification and contact information for the interpreter (e.g., name, address) should be documented so that the person can be subpoenaed for trial if necessary. If an authorized interpreter is needed, officers should consider calling for an authorized interpreter in the following order: • An authorized department member or allied agency interpreter • An authorized telephone interpreter • Any other authorized interpreter Any Miranda warnings shall be provided to suspects in their primary language by an authorized interpreter or, if the suspect is literate, by providing a translated Miranda warning card. The use of an LEP individual's bilingual friends, family members, children, neighbors or bystanders may be used only when a qualified bilingual member or authorized interpreter is unavailable and there is an immediate need to interview an LEP individual. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Limited English Proficiency Services - 227 Culver City Police Department Policy Manual Limited English Proficiency Services 336.13 CUSTODIAL INTERROGATIONS Miscommunication during custodial interrogations may have a substantial impact on the evidence presented in a criminal prosecution. Only qualified bilingual members or, if none is available or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda warnings shall be provided to suspects in their primary language by the qualified bilingual member or an authorized interpreter. In order to ensure that translations during custodial interrogations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 336.14 BOOKINGS When gathering information during the booking process, members should remain alert to the impediments that language barriers can create. In the interest of the arrestee's health and welfare, the safety and security of the facility, and to protect individual rights, it is important that accurate medical screening and booking information be obtained. Members should seek the assistance of a qualified bilingual member whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by an LEP individual. 336.15 COMPLAINTS The Department shall ensure that LEP individuals who wish to file a complaint regarding members of this department are able to do so. The Department may provide an authorized interpreter or translated forms, as appropriate. Complaints will be referred to the LEP Coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Authorized interpreters used for any interview with an LEP individual during an investigation should not be members of this department. Any notice required to be sent to an LEP individual as a complaining party pursuant to the Personnel Complaints Policy should be translated or otherwise communicated in a languageaccessible manner. 336.16 TRAINING To ensure that all members who may have contact with LEP individuals are properly trained, the Department will provide periodic training on this policy and related procedures, including how to access department-authorized telephonic and in-person interpreters and other available resources. The Personnel and Training Section shall be responsible for ensuring new members receive LEP training. Those who may have contact with LEP individuals should receive refresher training at least once every two years thereafter. The Personnel and Training Section shall maintain records of LEP training provided, and will retain a copy in each member's training file in accordance with established records retention schedules. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Limited English Proficiency Services - 228 Policy Culver City Police Department 337 Policy Manual Communications with Persons with Disabilities 337.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind. 337.1.1 DEFINITIONS Definitions related to this policy include: Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They include, but are not limited to, the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter. Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the disabled person uses assistive or adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102). Qualified interpreter - A person who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, translators, sign language interpreters and intermediary interpreters. 337.2 POLICY It is the policy of the Culver City Police Department to reasonably ensure that people with disabilities, including victims, witnesses, suspects and arrestees have equal access to law enforcement services, programs and activities. Members must make efforts to communicate effectively with individuals with disabilities. The Department will not discriminate against or deny any individual access to services, rights or programs based upon disabilities. 337.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR All Americans with Disabilities (ADA) issues and complaints shall be directed to the Human Resources Department (28 CFR 35.107). 337.4 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, members of this department should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs and activities. These factors may include, but are not limited to: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Communications with Persons with Disabilities - 229 Culver City Police Department Policy Manual Communications with Persons with Disabilities (a) Members should not always assume that effective communication is being achieved. The fact that an individual appears to be nodding in agreement does not always mean he/she completely understands the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate their understanding. (b) The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low vision). (c) The nature of the law enforcement contact (e.g., emergency vs. non-emergency, custodial vs. consensual contact). (d) The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used. 337.5 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems. Members should exercise special care in the use of all gestures, and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities. In a non-emergency situation, when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary aid or service. The individual’s preferred communication method must be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160). Factors to consider when determining whether an alternative method is effective include: (a) The methods of communication usually used by the individual. (b) The nature, length and complexity of the communication involved. (c) The context of the communication. In emergency situations involving an imminent threat to the safety or welfare of any person, members may use whatever auxiliary aids and services that reasonably appear effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate auxiliary aid or service. Once the emergency has ended, the continued method of communication should be reconsidered. The member should inquire as to the individual's preference and give primary consideration to that preference. If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in the custody of the Culver City Police Department, consideration should be given, safety permitting, Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Communications with Persons with Disabilities - 230 Culver City Police Department Policy Manual Communications with Persons with Disabilities to placing the handcuffs in the front of the body to facilitate communication using sign language or writing. 337.6 TYPES OF ASSISTANCE AVAILABLE Culver City Police Department members shall never refuse to assist an individual with disabilities who is requesting assistance. The Department will not charge anyone to receive auxiliary aids, nor shall they require anyone to furnish their own auxiliary aid or service as a condition for receiving assistance. The Department will make every reasonable effort to provide equal access and timely assistance to individuals who are disabled through a variety of services. A person who is disabled may choose to accept department-provided auxiliary aids or services or they may choose to provide their own. Department-provided auxiliary aids or services may include, but are not limited to, the assistance methods described in this policy. 337.7 AUDIO RECORDINGS AND ENLARGED PRINT The Department may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, members may read aloud from the appropriate form, for example a personnel complaint form, or provide forms with enlarged print. 337.8 QUALIFIED INTERPRETERS A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a victim, witness, suspect or arrestee), if the individual to be interviewed normally relies on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the case or investigation involving the disabled individual. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a court proceeding. Qualified interpreters should be: (a) Available within a reasonable amount of time but in no event longer than one hour if requested. (b) Experienced in providing interpretation services related to law enforcement matters. (c) Familiar with the use of VRS and/or video remote interpreting services. (d) Certified in either American Sign Language (ASL) or Signed English (SE). (e) Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. (f) Knowledgeable of the ethical issues involved when providing interpreter services. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Communications with Persons with Disabilities - 231 Culver City Police Department Policy Manual Communications with Persons with Disabilities Members should use department-approved procedures to request a qualified interpreter at the earliest reasonable opportunity, and generally not more than 15 minutes after a request for an interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160). 337.9 TTY AND RELAY SERVICES In situations where an individual without a disability would have access to a telephone (e.g., booking or attorney contacts), members must also provide those who are deaf, hard of hearing or have impaired speech the opportunity to place calls using an available TTY (also known as a telecommunications device for deaf people, or TDD). Members shall provide additional time, as needed, for effective communication due to the slower nature of TTY and TDD communications. The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and received via a telecommunications relay service (28 CFR 35.162). Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller. 337.10 COMMUNITY VOLUNTEERS Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the Department to provide interpreter services. Where qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the individual with the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. 337.11 FAMILY AND FRIENDS While family or friends may offer to assist with interpretation, members should carefully consider the circumstances before relying on such individuals. The nature of the contact and relationship between the individual with the disability and the person offering services must be carefully considered (e.g., victim/suspect). Children shall not be relied upon except in emergency or critical situations when there is no qualified interpreter reasonably available. Adults may be relied upon when (28 CFR 35.160): (a) There is an emergency or critical situation and there is no qualified interpreter reasonably available. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Communications with Persons with Disabilities - 232 Culver City Police Department Policy Manual Communications with Persons with Disabilities (b) The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances. 337.12 REPORTING Whenever any member of this department is required to complete a report or other documentation, and communication assistance has been provided, such services should be noted in the related report. Members should document the type of communication services utilized and whether the individual elected to use services provided by the Department or some other identified source. If the individual’s express preference is not honored, the member must document why another method of communication was used. All written communications exchanged in a criminal case shall be attached to the report or placed into evidence. 337.13 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve individuals with disabilities. The scope and nature of these activities and contacts will inevitably vary. The Department recognizes that it would be virtually impossible to provide immediate access to complete communication services to every member of this department. Members and/or supervisors must assess each situation and consider the length, complexity and importance of the communication, as well as the individual’s preferred method of communication, when determining the type of resources to use and whether a qualified interpreter is needed. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to verbally request consent to search if the officer is unable to effectively communicate with an individual who is deaf or hard of hearing and requires communications assistance. If available, officers should obtain the assistance of a qualified interpreter before placing an individual with a disability under arrest. Individuals who are arrested and are assisted by service animals should be permitted to make arrangements for the care of such animals prior to transport. 337.13.1 FIELD RESOURCES Examples of methods that may be sufficient for transactions, such as checking a license or giving directions to a location or for urgent situations such as responding to a violent crime in progress, may, depending on the circumstances, include such simple things as: (a) Hand gestures or visual aids with an individual who is deaf, hard of hearing or has impaired speech. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Communications with Persons with Disabilities - 233 Culver City Police Department Policy Manual Communications with Persons with Disabilities (b) Exchange of written notes or communications. (c) Verbal communication with an individual who can speechread by facing the individual and speaking slowly and clearly. (d) Use of computer, word processing, personal communication device or similar device to exchange texts or notes. (e) Slowly and clearly speaking or reading simple terms to individuals who have a visual or mental impairment. Members should be aware that these techniques may not provide effective communication as required by law and this policy depending on the circumstances. 337.14 CUSTODIAL INTERROGATIONS In an effort to ensure that the rights of individuals who are deaf, hard of hearing or have speech impairment are protected during a custodial interrogation, this department will provide interpreter services before beginning an interrogation, unless exigent circumstances exist or the individual has made a clear indication that he/she understands the process and desires to proceed without an interpreter. The use of a video remote interpreting service should be considered, where appropriate, if a live interpreter is not available. Miranda warnings shall be provided to suspects who are deaf or hard of hearing by a qualified interpreter or by providing a written Miranda warning card. In order to ensure that communications during custodial investigations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 337.15 ARREST AND BOOKINGS If an individual with speech or hearing disabilities is arrested, the arresting officer shall use department-approved procedures to provide a qualified interpreter at the place of arrest or booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a different auxiliary aid or service or the officer reasonably determines another effective method of communication exists under the circumstances. When gathering information during the booking process, members should remain alert to the impediments that often exist when communicating with those who are deaf, hard of hearing, who have impaired speech or vision, are blind, or have other disabilities. In the interest of the arrestee’s health and welfare, the safety and security of the facility and to protect individual rights, it is important that accurate medical screening and booking information be obtained. If necessary, members should seek the assistance of a qualified interpreter whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by the individual. Individuals who require and possess personally owned communication aids (e.g., hearing aids, cochlear processors) should be permitted to retain them while in custody. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Communications with Persons with Disabilities - 234 Culver City Police Department Policy Manual Communications with Persons with Disabilities 337.16 COMPLAINTS The Department shall ensure that individuals with disabilities who wish to file a complaint regarding members of this department are able to do so. The Department may provide a qualified interpreter or forms in enlarged print, as appropriate. Complaints will be referred to the Watch Commander. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Qualified interpreters used during the investigation of a complaint should not be members of this Department. 337.17 TRAINING To ensure that all members who may have contact with individuals who are disabled are properly trained, the Department will provide periodic training that should include: (a) Awareness and understanding of this policy and related procedures, related forms and available resources. (b) Procedures for accessing qualified interpreters and other available resources. (c) Working with in-person and telephone interpreters and related equipment. The Personnel and Training Lieutenant shall be responsible for ensuring new members receive training related to interacting with individuals who have disabilities, including individuals who are deaf, hard of hearing, who have impaired speech or vision, or are blind. Those who may have contact with such individuals should receive refresher training at least once every two years thereafter. The Personnel and Training Lieutenant shall maintain records of all training provided, and will retain a copy in each member’s training file in accordance with established records retention schedules. 337.17.1 CALL-TAKER TRAINING Emergency call-takers shall be trained in the use of TTY equipment protocols for communicating with individuals who are deaf, hard of hearing or who have speech impairments. Such training and information should include: (a) The requirements of the ADA and Section 504 of the Rehabilitation Act for telephone emergency service providers. (b) ASL syntax and accepted abbreviations. (c) Practical instruction on identifying and processing TTY or TDD calls, including the importance of recognizing silent TTY or TDD calls, using proper syntax, abbreviations and protocol when responding to TTY or TDD calls. (d) Hands-on experience in TTY and TDD communications, including identification of TTY or TDD tones. Training should be mandatory for all Dispatch members who may have contact with individuals from the public who are deaf, hard of hearing or have impaired speech. Refresher training should occur every six months. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Communications with Persons with Disabilities - 235 Policy Culver City Police Department 338 Policy Manual Mandatory Employer Notification 338.1 PURPOSE AND SCOPE The purpose of this policy is to describe the requirements and procedures to follow when a public or private school employee (teacher and non-teacher) has been arrested under certain circumstances. 338.2 MANDATORY SCHOOL EMPLOYEE ARREST REPORTING In the event a school employee is arrested for any offense enumerated below, the Chief of Police or his/her designee is required to report the arrest as follows. 338.2.1 ARREST OF PUBLIC SCHOOL TEACHER In the event a public school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a) or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the teacher and to immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed (Health and Safety Code § 11591; Penal Code § 291). 338.2.2 ARREST OF PUBLIC SCHOOL NON-TEACHER EMPLOYEE In the event a public school non-teacher employee is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a) or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the non-teacher and to immediately give written notice of the arrest to the governing board of the school district employing the person (Health and Safety Code § 11591; Penal Code § 291). 338.2.3 ARREST OF PRIVATE SCHOOL TEACHER In the event a private school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290 or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the private school authority employing the teacher and to immediately give written notice of the arrest to the private school authority employing the teacher (Health and Safety Code § 11591; Penal Code § 291.1). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mandatory Employer Notification - 236 Culver City Police Department Policy Manual Mandatory Employer Notification 338.2.4 ARREST OF COMMUNITY COLLEGE INSTRUCTOR In the event a teacher or instructor employed in a community college district school is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(9), or for any of the offenses enumerated in Penal Code § 290 or in Penal Code § 261(a)(1), the Chief of Police or the authorized designee is mandated to immediately notify by telephone the superintendent of the community college district employing the person, and shall immediately give written notice of the arrest to the California Community Colleges Chancellor’s Office (Health and Safety Code § 11591.5; Penal Code § 291.5). 338.3 POLICY The Culver City Police Department will meet the reporting requirements of California law to minimize the risks to children and others. 338.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES In the event an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential therapeutic program or a foster family agency is arrested for child abuse (as defined in Penal Code § 11165.6) and the employee is free to return to work where children are present, the investigating member shall notify the licensee of the charge of abuse (Health and Safety Code § 1522.2). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mandatory Employer Notification - 237 Policy Culver City Police Department 339 Policy Manual Biological Samples 339.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the collection of DNA evidence from those individuals required to provide such samples under the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, and the State of California DNA Data Bank Program (Penal Code § 295, et seq.). 339.2 POLICY The Culver City Police Department will assist in the expeditious collection of required biological samples from offenders in accordance with the laws of this state and with as little reliance on force as practicable. 339.2.1 ARRESTEES Any adult arrested or charged with any felony offense is required to provide DNA samples. DNA samples should be collected immediately following arrest, or during the booking process, or as soon as administratively practicable after arrest but in any case prior to release on bail or other physical release from custody (Penal Code § 296.1(a)(1)(A)). 339.2.2 SEX AND ARSON REGISTRANTS Any adult or juvenile who is required to register as a sex offender under Penal Code § 290 or arsonist under Penal Code § 457.1, including those whose registration resulted from a qualifying misdemeanor crime is required to submit a DNA sample. (Penal Code § 296(a)(3)). At the time that any such registrant registers, updates registration, or is notified by the Department of Justice or other law enforcement officer, an appointment shall be made designating the time and place for the collection of DNA samples if no such sample has already been provided (Penal Code § 296.2(c)). 339.3 PERSONS SUBJECT TO DNA COLLECTION Those who must submit a biological sample include (Penal Code § 296): (a) A person, including a juvenile, upon conviction or other adjudication of any felony offense. (b) A person, including a juvenile, upon conviction or other adjudication of any offense if the person has a prior felony on record. (c) An adult arrested or charged with any felony. 339.3.1 BLOOD SAMPLES The withdrawal of blood may only be performed in a medically approved manner by health care providers trained and qualified to draw blood. Blood samples obtained for submission to the Department of Justice DNA lab shall be placed in Department of Justice blood vials (Penal Code § 298(a) and (b)(2)). A right thumbprint shall be placed on the sample vial along with other required identifying information. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Biological Samples - 238 Culver City Police Department Policy Manual Biological Samples 339.3.2 BUCCAL SWABS Buccal swab samples (taken from the inside of the mouth) may only be procured by employees who have successfully completed departmentally approved training in the collection of buccal swabs and with the use of the California Department of Justice LivescanBuccal DNA Collection Kit. (Penal Code § 298(a) and (b)(3)). Subject's full name and CII# shall be placed on the collector. (Note: If an individual violently resists or presents other officer safety issues, employees may omit buccal swab samples upon approval of a supervisor.) 339.3.3 FULL PALM PRINTS Full palm print impressions shall be obtained on Department of Justice prescribed forms along with all DNA samples. (Penal Code § 298(b)(4)). 339.3.4 USE OF FORCE TO OBTAIN SAMPLES If, after a written or oral request, a qualified individual refuses to provide any or all of the required DNA samples, a sworn member of this department may use reasonable force to obtain such sample(s) under the following conditions: (a) Prior to the use of reasonable force, the officer(s) shall take and document reasonable steps to secure voluntary compliance (Penal Code § 298.1(c)(1)(C)). (b) Prior to the use of reasonable force, the officer(s) shall obtain written authorization from a supervisor which shall minimally include that the individual was asked to provide the sample(s) and refused (Penal Code § 298.1(c)(1)(B)). (c) If the authorized use of reasonable force includes a cell extraction, such extraction shall be video recorded (Penal Code § 298.1(c)(1)(D)). For the purpose of this section, the "use of reasonable force" shall be defined as the force that an objective, trained and competent officer faced with similar facts and circumstances would consider necessary and reasonable to gain compliance. (Penal Code § 298.1(c)(1)(A)). 339.4 PROCEDURE When an individual is required to provide a biological sample, a trained employee shall obtain the sample in accordance with this policy. 339.4.1 COLLECTION The following steps should be taken to collect a sample: (a) Verify that the individual is required to provide a sample pursuant to Penal Code § 296; Penal Code § 296.1. (b) Verify that a biological sample has not been previously collected from the offender by querying the individual’s criminal history record for a DNA collection flag or, during regular business hours, calling the California Department of Justice (DOJ) designated DNA laboratory. There is no need to obtain a biological sample if one has been previously obtained. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Biological Samples - 239 Culver City Police Department Policy Manual Biological Samples (c) Use a DNA buccal swab collection kit provided by the California DOJ to perform the collection and take steps to avoid cross contamination. 339.4.2 FOLLOW UP NOTICE TO DOJ Within two years of submitting any DNA specimen, sample or impression to the Department of Justice, this department shall notify DOJ whether the individual remains a suspect in a criminal investigation (Penal Code § 297(c)(2)). It shall be the responsibility of the Department of Justice to thereafter purge samples of any individual(s) who are no longer a suspect in any criminal investigation from the DNA database. 339.5 USE OF FORCE TO OBTAIN SAMPLES If a person refuses to cooperate with the sample collection process, officers should attempt to identify the reason for refusal and seek voluntary compliance without resorting to using force. Force will not be used in the collection of samples except as authorized by court order and only with the approval of a supervisor. Methods to consider when seeking voluntary compliance include contacting: (a) The person’s parole or probation officer when applicable. (b) The prosecuting attorney to seek additional charges against the person for failure to comply or to otherwise bring the refusal before a judge. (c) The judge at the person’s next court appearance. (d) The person’s attorney. (e) A chaplain. (f) Another custody facility with additional resources, where an arrestee can be transferred to better facilitate sample collection. (g) A supervisor who may be able to authorize custodial disciplinary actions to compel compliance, if any are available. The supervisor shall review and approve any plan to use force and be present to document the process. 339.6 LITIGATION The Chief of Police or authorized designee shall immediately notify the Department of Justice DNA Legal Unit at (415) 703-5892 in the event this department is named in a lawsuit involving the DNA Data Bank sample collection, sample use, or any aspect of the state's DNA Data Bank Program. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Biological Samples - 240 Policy Culver City Police Department 340 Policy Manual Child and Dependent Adult Safety 340.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that children and dependent adults are not left without appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from providing care due to actions taken by members of this department (Penal Code § 833.2(a)). This policy does not address the actions to be taken during the course of a child abuse or dependent adult investigation. These are covered in the Child Abuse and Adult Abuse policies. 340.2 POLICY It is the policy of this department to mitigate, to the extent reasonably possible, the stressful experience individuals may have when their parent or caregiver is arrested. The Culver City Police Department will endeavor to create a strong, cooperative relationship with local, state and community-based social services to ensure an effective, collaborative response that addresses the needs of those affected, including call-out availability and follow-up responsibilities. 340.3 PROCEDURES DURING AN ARREST When encountering an arrest or prolonged detention situation, officers should make reasonable attempts to determine if the arrestee is responsible for children or dependent adults. In some cases this may be obvious, such as when children or dependent adults are present. However, officers should inquire if the arrestee has caregiver responsibilities for any children or dependent adults who are without appropriate supervision. The following steps should be taken (Penal Code § 13517.7(b)(1)): (a) Inquire about and confirm the location of any children or dependent adults. (b) Look for evidence of children and dependent adults. Officers should be mindful that some arrestees may conceal the fact that they have a dependent for fear the individual may be taken from them. (c) Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to whether the person is responsible for a child or dependent adult. Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing children or dependent adults from the scene in advance of the arrest will generally ensure the best outcome for the individual. Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent or caregiver suggests this conversation would be non-productive, the officer at the scene should explain the reason for the arrest in age-appropriate language and offer reassurance to the child or dependent adult that he/she will receive appropriate care. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child and Dependent Adult Safety - 241 Culver City Police Department Policy Manual Child and Dependent Adult Safety 340.3.1 AFTER AN ARREST Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of the arrestee’s disclosed or discovered children or dependent adults. Officers should allow the arrestee reasonable time to arrange for care of children and dependent adults. Temporary placement with family or friends may be appropriate. However, any decision should give priority to a care solution that is in the best interest of the child or dependent adult. In such cases the following guidelines should be followed: (a) Allow the person reasonable time to arrange for the care of children and dependent adults with a responsible party, as appropriate. 1. (b) Officers should consider allowing the person to use his/her cell phone to facilitate arrangements through access to contact phone numbers, and to lessen the likelihood of call screening by the recipients due to calls from unknown sources. Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe environment), officers should respect the parent or caregiver’s judgment regarding arrangements for care. It is generally best if the child or dependent adult remains with relatives or family friends that he/she knows and trusts because familiarity with surroundings and consideration for comfort, emotional state and safety are important. 1. Except when a court order exists limiting contact, the officer should attempt to locate and place children or dependent adults with the non-arrested parent, guardian or caregiver. (c) Provide for the immediate supervision of children or dependent adults until an appropriate caregiver arrives. (d) Notify Child Protective Services or the Division of Aging and Adult Services, if appropriate. (e) Notify the field supervisor or Watch Commander of the disposition of children or dependent adults. If children or dependent adults are at school or another known location outside the household at the time of arrest, the arresting officer should attempt to contact the school or other known location and inform the principal or appropriate responsible adult of the caregiver’s arrest and of the arrangements being made for the care of the arrestee’s dependent. The result of such actions should be documented in the associated report. 340.3.2 DURING THE BOOKING PROCESS During the booking process the arrestee shall be allowed to make additional telephone calls to relatives or other responsible individuals as is reasonably necessary to arrange for the care of any child or dependent adult. These telephone calls should be given as soon as practicable and are in addition to any other telephone calls allowed by law (Penal Code § 851.5(c)). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child and Dependent Adult Safety - 242 Culver City Police Department Policy Manual Child and Dependent Adult Safety If an arrestee is unable to resolve the care of any child or dependent adult through this process, a supervisor should be contacted to determine the appropriate steps to arrange for care. These steps may include additional telephone calls or contacting a local, county or state services agency. 340.4 DEPENDENT WELFARE SERVICES Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child or dependent adult, the handling officer should contact the appropriate welfare service or other department-approved social service to determine whether protective custody is appropriate (Welfare and Institutions Code § 305). Only when other reasonable options are exhausted should a child or dependent adult be transported to the police facility, transported in a marked patrol car or taken into formal protective custody. Under no circumstances should a child or dependent adult be left unattended or without appropriate care. 340.5 TRAINING The Personnel and Training Section is responsible to ensure that all personnel of this department who may be involved in arrests affecting children or dependent adults receive approved POSTapproved training on effective safety measures when a parent, guardian or caregiver is arrested (Penal Code § 13517.7). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Child and Dependent Adult Safety - 243 Policy Culver City Police Department 341 Policy Manual Service Animals 341.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to ensure the rights of individuals who use service animals to assist with disabilities are protected in accordance with Title II of the Americans with Disabilities Act of 1990 (ADA). 341.1.1 DEFINITIONS Definitions related to this policy include: Service animal - A dog that is trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability (28 CFR 35.104; Health and Safety Code § 113903). Service animal also includes a miniature horse if the horse is trained to do work or perform tasks for people with disabilities, provided the horse is housebroken, is under the handler’s control, the facility can accommodate the horse’s type, size and weight, and the horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)). 341.2 POLICY It is the policy of the Culver City Police Department to provide services and access to persons with service animals in the same manner as those without service animals. Department members shall protect the rights of persons assisted by service animals in accordance with state and federal law. 341.3 IDENTIFICATION AND USE OF SERVICE ANIMALS Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness or collar. Service animals may be used in a number of ways to provide assistance, including: • Guiding people who are blind or have low vision. • Alerting people who are deaf or hard of hearing. • Retrieving or picking up items, opening doors or flipping switches for people who have limited use of their hands, arms or legs. • Pulling wheelchairs. • Providing physical support and assisting with stability and balance. • Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities or psychiatric disabilities, such as reminding a person with depression to take medication. • Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with schizophrenia to Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Service Animals - 244 Culver City Police Department Policy Manual Service Animals distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines. 341.4 MEMBER RESPONSIBILITIES Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the general public is allowed. Department members are expected to treat individuals with service animals with the same courtesy and respect that the Culver City Police Department affords to all members of the public (28 CFR 35.136). 341.4.1 INQUIRY If it is apparent or if a member is aware that an animal is a service animal, the individual generally should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the member should ask the individual only the following questions (28 CFR 35.136(f)): • Is the animal required because of a disability? • What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal’s status should be asked. The individual should not be questioned about his/her disability nor should the person be asked to provide any license, certification or identification card for the service animal. 341.4.2 CONTACT Service animals are not pets. Department members should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal. 341.4.3 REMOVAL If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, an officer may direct the handler to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the service animal (28 CFR 35.136(b)). Each incident must be considered individually and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities. Members of this department are expected to provide all services as are reasonably available to an individual with a disability, with or without a service animal. 341.4.4 COMPLAINTS When handling calls of a complaint regarding a service animal, members of this department should remain neutral and should be prepared to explain the ADA requirements concerning service Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Service Animals - 245 Culver City Police Department Policy Manual Service Animals animals to the concerned parties. Businesses are required to allow service animals to accompany their handlers into the same areas that other customers or members of the public are allowed (28 CFR 36.302). Absent a violation of law independent of the ADA, officers should take no enforcement action beyond keeping the peace. Individuals who believe they have been discriminated against as a result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice (DOJ). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Service Animals - 246 Policy Culver City Police Department 342 Policy Manual Volunteer Program 342.1 PURPOSE AND SCOPE It is the policy of this department to use qualified volunteers for specified tasks and duties in order to create efficiencies for the Department and improve services to the community. Volunteers are intended to supplement and support, rather than supplant, sworn officers and civilian personnel. Volunteers are an important part of any organization and are proven to be a valuable asset to law enforcement agencies. Volunteers help to increase departmental responsiveness, delivery of services and data entry, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the Department and prompt new enthusiasm. 342.1.1 DEFINITION OF VOLUNTEER An individual who performs a service for the Department without promise, expectation or receipt of compensation for services rendered. This may include unpaid chaplains, unpaid reserve officers, interns, persons providing administrative support and youth involved in a law enforcement Explorer Post, among others. 342.2 VOLUNTEER MANAGEMENT 342.2.1 VOLUNTEER COORDINATOR The Community and Media Relations Lieutenant shall act as the Volunteer Coordinator. The function of the Volunteer Coordinator is to provide a central coordinating point for effective volunteer management within the Department, and to direct and assist staff and volunteer efforts to jointly provide more productive services. The Volunteer Coordinator should work with other Department staff on an ongoing basis to assist in the development and implementation of volunteer-staffed positions. The Volunteer Coordinator, or his/her designee, shall be responsible for the following: (a) Recruiting, selecting and training qualified volunteers for various positions. (b) Facilitating the implementation of new volunteer activities and assignments. (c) Maintaining records for each volunteer. (d) Tracking and evaluating the contribution of volunteers. (e) Maintaining a record of volunteer schedules and work hours. (f) Completion and dissemination as appropriate of all necessary paperwork and information. 342.2.2 RECRUITMENT Volunteers should be considered consistent with department policy on equal opportunity nondiscriminatory employment. A primary qualification for participation in the application process should be an interest in, and an ability to assist the Department in serving the public. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Volunteer Program - 247 Culver City Police Department Policy Manual Volunteer Program Requests for volunteers should be submitted in writing by interested staff to the Volunteer Coordinator through the requester's immediate supervisor. A complete position description and a requested time-frame should be included in the request. All parties should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer Coordinator may withhold assignment of any volunteer until such time as the requesting unit is prepared to make effective use of volunteer resources. 342.2.3 SCREENING All prospective volunteers should complete the volunteer application form. The Volunteer Coordinator or designee should conduct a face-to-face interview with an applicant under consideration. A documented background investigation shall be completed on each volunteer applicant and shall include, but not necessarily be limited to, the following: (a) Traffic and criminal background check. Fingerprints shall be obtained from all applicants and processed through the California Criminal Information Index. (b) Employment (c) References (d) Confidential Database Certification A polygraph exam may be required of each applicant depending on the type of assignment. 342.2.4 SELECTION AND PLACEMENT Service as a volunteer with the Department shall begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the Department, who will normally be the Volunteer Coordinator. No volunteer should begin any assignment until they have been officially accepted for that position and completed all required screening and paperwork. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of their position description and agreement of service with the Department. All volunteers shall receive a copy of the volunteer handbook and shall be required to sign a volunteer agreement. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department. 342.2.5 TRAINING Volunteers will be provided with an orientation program to acquaint them with the Department, personnel, and policies/procedures that have a direct impact on their work assignment. Volunteers should receive position-specific training to ensure they have adequate knowledge and skills to complete tasks required by the position and should receive periodic ongoing training as deemed appropriate by their supervisor or the Volunteer Coordinator. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Volunteer Program - 248 Culver City Police Department Policy Manual Volunteer Program Training should reinforce to volunteers that they may not intentionally represent themselves as, or by omission infer that they are sworn officers or other full-time members of the Department. They shall always represent themselves as volunteers. All volunteers shall comply with the rules of conduct and with all orders and directives, either oral or written, issued by the Department. 342.2.6 FITNESS FOR DUTY No volunteer shall report to work or be on-duty when his/her judgment or physical condition has been impaired by alcohol, medication, other substances, illness or injury. Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill their duties. This includes, but is not limited to, the following: (a) Driver license (b) Medical condition (c) Arrests (d) Criminal investigations All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol use. 342.2.7 DRESS CODE As representatives of the Department, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their duties. Volunteers shall conform to department-approved dress consistent with their duty assignment. Uniforms authorized for volunteers should be readily distinguishable from those worn by sworn officers and be in good order. The uniform or identifiable parts of the uniform shall not be worn while off-duty except volunteers may choose to wear the uniform while in transit to or from official department assignments or functions provided an outer garment is worn over the uniform shirt so as not to bring attention to the volunteer while he/she is off duty. Volunteers shall be required to return any issued uniform or department property at the termination of service. 342.3 SUPERVISION OF VOLUNTEERS Each volunteer who is accepted to a position with the Department must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance. A volunteer may be assigned as and act as a supervisor of other volunteers provided that the supervising volunteer is under the direct supervision of a paid staff member. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Volunteer Program - 249 Culver City Police Department Policy Manual Volunteer Program Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit where the volunteer is assigned. 342.4 CONFIDENTIALITY Volunteers should not have access to confidential information such as criminal histories or investigative files. Unless otherwise directed by a supervisor or departmental policy, all information shall be considered confidential. Only that information specifically identified and approved by authorized personnel shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by D.O.J. mandates, departmental policy and supervisory personnel. Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to a newspaper or other periodical, release or divulge any information concerning the activities of the Department, or maintain that they represent the Department in such matters without permission from the proper department personnel. 342.5 PROPERTY AND EQUIPMENT Volunteers will be issued an identification card. Any fixed and portable equipment issued by the Department shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the Department and shall be returned at the termination of their shift. 342.6 DISCIPLINARY PROCEDURES/TERMINATION A volunteer may be removed from the volunteer program at the discretion of the Chief of Police or the Volunteer Coordinator. Volunteers have no property interests in their continued appointment. However, if a volunteer is removed for alleged misconduct, the volunteer will be afforded an opportunity solely to clear his/her name through a liberty interest hearing which shall be limited to a single appearance before the Chief of Police or authorized designee. Volunteers may resign from volunteer service with the Department at any time. It is requested that volunteers who intend to resign provide advance notice of their departure and a reason for their decision. 342.6.1 EXIT INTERVIEWS Exit interviews, where possible, should be conducted with volunteers who are leaving their positions. The interview should ascertain why the volunteer is leaving the position and solicit the volunteer's suggestions on improving the position. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Volunteer Program - 250 Policy Culver City Police Department 343 Policy Manual Flag Flown at Half-Staff 343.1 PURPOSE AND SCOPE This policy sets guidelines and describes when the National, State, and City Flags should be flown at half-staff. 343.1.1 PROCEDURE From time to time the National, State and City Flags are displayed at half-staff. This is accomplished by first hoisting the flag to the peak and then lowering it to the half-staff position. The State and City flags should be lowered first with the National Flag being lowered last. No flag should ever be made to fly higher than the National Flag. 343.1.2 CIRCUMSTANCES PERMITTING THE FLAGS TO BE FLOWN AT HALF-STAFF The flags shall only be flown at half-staff at the direction of the City Manager, Chief of Police, any Bureau Commander, or the on-duty Watch Commander, in compliance with this manual. At the direction of the City Manager, Chief of Police, any Bureau Commander, or the on-duty Watch Commander, the flags will be flown at half-staff whenever any local, county, state or federal law enforcement officer dies in the line of duty within California. Additionally, the City Manager or Chief of Police may authorize the flags to be flown at half-staff whenever any active duty or retired Culver City Police Officer dies, or other situations determined by the Chief of Police. The flags will be flown at half-staff from the time of death to the interment. At the direction of the City Manager or Chief of Police, the flags may be flown at half-staff in respect for other deaths or events. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Flag Flown at Half-Staff - 251 Policy Culver City Police Department 344 Policy Manual Off-Duty Law Enforcement Actions 344.1 PURPOSE AND SCOPE The decision to become involved in a law enforcement action when off-duty can place an officer as well as others at great risk and must be done with careful consideration. This policy is intended to provide guidelines for officers of the Culver City Police Department with respect to taking law enforcement action while off-duty. 344.2 POLICY Initiating law enforcement action while off-duty is generally discouraged. Officers should not attempt to initiate enforcement action when witnessing crimes such as suspected intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly reported to the appropriate law enforcement agency. Officers are not expected to place themselves in unreasonable peril. However, any sworn member of this department who becomes aware of an incident or circumstance that he/she reasonably believes poses an imminent threat of serious bodily injury or death, or significant property damage may take reasonable action to minimize the threat. When public safety or the prevention of major property damage requires immediate action, officers should first consider reporting and monitoring the activity and only take direct action as a last resort. 344.3 FIREARMS Officers of this department may carry firearms while off-duty in accordance with federal regulations and department policy. All firearms and ammunition must meet guidelines as described in the department Firearms Policy. When carrying firearms while off-duty officers shall also carry their department-issued identification.Firearms shall not be carried by any officer who has consumed an amount of an alcoholic beverage or taken any drugs or medications or any combination thereof that would tend to adversely affect the officer’s senses or judgment. 344.4 DECISION TO INTERVENE There is no legal requirement for off-duty officers to take law enforcement action. However, should officers decide to intervene, they must evaluate whether the action is necessary or desirable, and should take into consideration the following: (a) The tactical disadvantage of being alone and the fact there may be multiple or hidden suspects. (b) The inability to communicate with responding units. (c) The lack of equipment, such as handcuffs, OC or baton. (d) The lack of cover. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Off-Duty Law Enforcement Actions - 252 Culver City Police Department Policy Manual Off-Duty Law Enforcement Actions (e) The potential for increased risk to bystanders if the off-duty officer were to intervene. (f) Unfamiliarity with the surroundings. (g) The potential for the off-duty officer to be misidentified by other peace officers or members of the public. Officers should consider waiting for on-duty uniformed officers to arrive, and gather as much accurate intelligence as possible instead of immediately intervening. 344.4.1 INTERVENTION PROCEDURE If involvement is reasonably necessary the officer should attempt to call or have someone else call 9-1-1 to request immediate assistance. The dispatcher should be informed that an off-duty officer is on-scene and should be provided a description of the officer if possible. Whenever practicable, the officer should loudly and repeatedly identify him/herself as an Culver City Police Department officer until acknowledged. Official identification should also be displayed. 344.4.2 INCIDENTS OF PERSONAL INTEREST Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor disputes) and should remain neutral. In such circumstances officers should call the responsible agency to handle the matter. 344.4.3 CIVILIAN RESPONSIBILITIES Civilian personnel should not become involved in any law enforcement actions while off-duty except to notify the local law enforcement authority and remain at the scene if safe and practicable. 344.4.4 OTHER CONSIDERATIONS When encountering a non-uniformed officer in public, uniformed officers should wait for acknowledgement by the non-uniformed officer in case he/she needs to maintain an undercover capability. 344.5 REPORTING Any off-duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall notify the Watch Commander as soon as practicable. The Watch Commander shall determine whether a report should be filed by the employee. Officers should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Off-Duty Law Enforcement Actions - 253 Policy Culver City Police Department 345 Policy Manual Department Use of Social Media 345.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that any use of social media on behalf of the Department is consistent with the department mission. This policy does not address all aspects of social media use. Specifically, it does not address: • Personal use of social media by department members (see the Employee Speech, Expression and Social Networking Policy). • Use of social media in personnel processes (see the Recruitment and Selection Policy). • Use of social media as part of a criminal investigation, other than disseminating information to the public on behalf of this department (see the Investigation and Prosecution Policy). 345.1.1 DEFINITIONS Definitions related to this policy include: Social media - Any of a wide array of Internet-based tools and platforms that allow for the sharing of information, such as the department website or social networking services 345.2 POLICY The Culver City Police Department may use social media as a method of effectively informing the public about department services, issues, investigations and other relevant events. Department members shall ensure that the use or access of social media is done in a manner that protects the constitutional rights of all. 345.3 AUTHORIZED USERS Only members authorized by the Chief of Police or the authorized designee may utilize social media on behalf of the Department. Authorized members shall use only department-approved equipment during the normal course of duties to post and monitor department-related social media, unless they are specifically authorized to do otherwise by their supervisors. The Chief of Police may develop specific guidelines identifying the type of content that may be posted. Any content that does not strictly conform to the guidelines should be approved by a supervisor prior to posting. Requests to post information over department social media by members who are not authorized to post should be made through the member’s chain of command. 345.4 AUTHORIZED CONTENT Only content that is appropriate for public release, that supports the department mission and conforms to all department policies regarding the release of information may be posted. Examples of appropriate content include: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Department Use of Social Media - 254 Culver City Police Department Policy Manual Department Use of Social Media (a) Announcements. (b) Tips and information related to crime prevention. (c) Investigative requests for information. (d) Requests that ask the community to engage in projects that are relevant to the department mission. (e) Real-time safety information that is related to in-progress crimes, geographical warnings or disaster information. (f) Traffic information. (g) Press releases. (h) Recruitment of personnel. 345.4.1 INCIDENT-SPECIFIC USE In instances of active incidents where speed, accuracy and frequent updates are paramount (e.g., crime alerts, public safety information, traffic issues), the Public Information Officer or the authorized designee will be responsible for the compilation of information to be released, subject to the approval of the Incident Commander. 345.5 PROHIBITED CONTENT Content that is prohibited from posting includes, but is not limited to: (a) Content that is abusive, discriminatory, inflammatory or sexually explicit. (b) Any information that violates individual rights, including confidentiality and/or privacy rights and those provided under state, federal or local laws. (c) Any information that could compromise an ongoing investigation. (d) Any information that could tend to compromise or damage the mission, function, reputation or professionalism of the Culver City Police Department or its members. (e) Any information that could compromise the safety and security of department operations, members of the Department, victims, suspects or the public. (f) Any content posted for personal use. (g) Any content that has not been properly authorized by this policy or a supervisor. Any member who becomes aware of content on this department’s social media site that he/she believes is unauthorized or inappropriate should promptly report such content to a supervisor. The supervisor will ensure its removal from public view and investigate the cause of the entry. 345.5.1 PUBLIC POSTING PROHIBITED Department social media sites shall be designed and maintained to prevent posting of content by the public. The Department may provide a method for members of the public to contact department members directly. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Department Use of Social Media - 255 Culver City Police Department Policy Manual Department Use of Social Media 345.6 MONITORING CONTENT The Chief of Police will appoint a supervisor to review, at least annually, the use of department social media and report back on, at a minimum, the resources being used, the effectiveness of the content, any unauthorized or inappropriate content and the resolution of any issues. 345.7 RETENTION OF RECORDS The Administration and Investigations Bureau Commander should work with the Custodian of Records to establish a method of ensuring that public records generated in the process of social media use are retained in accordance with established records retention schedules. 345.8 TRAINING Authorized members should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination and retention of information posted on department sites. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Department Use of Social Media - 256 Policy Culver City Police Department 346 Policy Manual Gun Violence Restraining Orders 346.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for petitioning and serving gun violence restraining orders and accounting for the firearms obtained pursuant to those orders. 346.1.1 DEFINITIONS Definitions related to this policy include: Gun violence restraining order - Civil restraining order prohibiting a named person from controlling, owning, purchasing, possessing, receiving or otherwise having custody of any firearms or ammunition (Penal Code § 18100). 346.2 POLICY It is the policy of the Culver City Police Department to petition and serve gun violence restraining orders in compliance with state law and to properly account for firearms and ammunition obtained by the Department pursuant to such orders. 346.3 GUN VIOLENCE RESTRAINING ORDERS An officer who reasonably believes a person is a present danger to him/herself or another person by controlling, owning, purchasing, possessing, receiving or otherwise having custody of a firearm may request permission from his/her supervisor to petition the court for a gun violence restraining order. Officers petitioning the court should use the forms established by the Judicial Council (Penal Code § 18105). The petition should describe the number, types and locations of any firearms and ammunition that the officer believes to be possessed or controlled by the person (Penal Code § 18107). The petition should also describe why less-restrictive alternatives are ineffective or inadequate for the circumstances (Penal Code § 18125; Penal Code § 18150; Penal Code § 18175). If it is not practical under the circumstances to submit a written petition, an officer may orally request an order using the procedures for obtaining an oral search warrant and preparing the order using the appropriate Judicial Council form (Penal Code § 18140; Penal Code § 18145). 346.4 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS An officer serving any gun violence restraining order shall: (a) Request that any firearms or ammunition be immediately surrendered and issue a receipt for the surrendered items (Penal Code § 18120). (b) Take into temporary custody any firearm or other deadly weapon discovered in plain view or pursuant to consent or other lawful search (Penal Code § 18250). (c) Inform the restrained person of any scheduled hearing regarding the order (Penal Code § 18160). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Gun Violence Restraining Orders - 257 Culver City Police Department Policy Manual Gun Violence Restraining Orders (d) Transmit the original proof of service form to the issuing court as soon as practicable but within one business day (Penal Code § 18115). (e) As soon as practicable, but by the end of his/her shift, submit proof of service to the Records Manager for prompt entry into the California Restraining and Protective Order System (Penal Code § 18115). The officer should also inform the restrained person that he/she is required, within 24 hours, to surrender to a law enforcement agency any other firearms and ammunition he/she owns or that are in his/her custody or control or sell them to a firearms dealer. This notification should be documented. All firearms and ammunition collected shall be handled and booked in accordance with the Property and Evidence Policy. 346.4.1 SERVICE OF ORAL GUN VIOLENCE RESTRAINING ORDERS If a gun violence restraining order is obtained orally, the officer shall (Penal Code § 18140): (a) Serve the order on the restrained person in the manner outlined above, if the restrained person can reasonably be located. (b) File a copy of the order with the court as soon as practicable after issuance. (c) Ensure the order is provided to the Records Section for entry into the computer database system for protective and restraining orders maintained by the Department of Justice. 346.5 SEARCH WARRANTS If a person who has been served with a gun violence restraining order refuses to surrender any firearm or ammunition, the officer should consider whether to seek a search warrant. If a search warrant is to be obtained, the preparation and service of the search warrant shall be done in accordance with the Warrant Service Policy. Additionally, (Penal Code § 1542.5): (a) The officer serving the warrant shall take custody of any firearm or ammunition that is controlled, possessed or owned by the person who is the subject of the gun violence restraining order, including any discovered pursuant to the warrant, a consensual search or other lawful search. (b) If the location being searched is jointly occupied and the firearm or ammunition is owned by a person other than the restrained person, the firearm or ammunition should not be seized if the following conditions are met: (c) 1. The firearm or ammunition can be stored in a manner that does not allow the restrained person to have control or access. 2. There is no evidence that the owner unlawfully possesses the firearm or ammunition. If a locked gun safe belonging to someone other than the subject of a gun violence restraining order is discovered, the officer shall not search the contents of the safe unless the owner consents or there is a valid search warrant for the safe. Any search of the safe must be done in the owner’s presence. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Gun Violence Restraining Orders - 258 Culver City Police Department Policy Manual Gun Violence Restraining Orders 346.6 RECORDS MANAGER RESPONSIBILITIES The Records Manager is responsible for ensuring: (a) Proof of service of any gun violence restraining order served by an officer or received from the clerk of the court is entered in the computer database system for protective and restraining orders maintained by the Department of Justice within one business day of service if served by an officer, or within one business day of receipt of proof of service if served by a person other than a law enforcement officer (Penal Code § 18115). (b) Oral orders are entered into the California Restraining and Protective Order System (Penal Code § 18140). (c) Copies of receipts of surrendered firearms or ammunition issued by other agencies for gun violence restraining orders issued by the Department are properly maintained (Penal Code § 18120). 346.7 COURT-ORDERED FIREARMS AND AMMUNITION SURRENDERS Authorized members shall accept firearms and ammunition from any individual who is the subject of a gun violence restraining order. The member receiving any firearm or ammunition shall: (a) Record the individual’s name, address and telephone number. (b) Record the serial number of the firearm. (c) Prepare an incident report and property report. (d) Provide a property receipt to the individual who surrendered the firearms and ammunition. (e) Package and submit the firearms and ammunition in accordance with the Property and Evidence Policy. 346.8 RELEASE OF FIREARMS AND AMMUNITION Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with Penal Code § 18120 and the Property and Evidence Policy. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Gun Violence Restraining Orders - 259 Policy Culver City Police Department 347 Policy Manual Community Relations 347.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for community relationship-building. Additional guidance on community relations and outreach is provided in other policies, including: • Hate Crimes Policy. • Limited English Proficiency Services Policy. • Communications with Persons with Disabilities Policy • Patrol Function Policy. • Suspicious Activity Reporting Policy. 347.2 POLICY It is the policy of the Culver City Police Department to promote positive relationships between members the [department/office] and the community by treating community members with dignity and respect and engaging them in public safety strategy development and relationship-building activities, and by making relevant policy and operations information available to the community in a transparent manner. 347.3 MEMBER RESPONSIBILITIES Officers should, as time and circumstances reasonably permit: (a) Make casual and consensual contacts with community members to promote positive community relationships (see the Detentions and Photographing Detainees Policy). (b) Become reasonably familiar with the schools, businesses and community groups in their assigned jurisdictional areas. (c) Work with community members and the [department/office] community relations coordinator to identify issues and solve problems related to community relations and public safety. (d) Conduct periodic foot patrols of their assigned areas to facilitate interaction with community members. Officers carrying out foot patrols should notify an appropriate supervisor and Dispatch of their status (i.e., on foot patrol) and location before beginning and upon completion of the foot patrol. They should also periodically inform Dispatch of their location and status during the foot patrol. 347.4 COMMUNITY RELATIONS LIEUTENANT The Chief of Police or the authorized designee should designate a member of the [Department/ Office] to serve as the community relations lieutenant . He/she should report directly to the Chief of Police or authorized designee and is responsible for: (a) Obtaining [department/office]-approved training related to his/her responsibilities. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Community Relations - 260 Culver City Police Department Policy Manual Community Relations (b) Responding to requests from [department/office] members and the community for assistance in identifying issues and solving problems related to community relations and public safety. (c) Organizing surveys to measure the condition of the [department/office]’s relationship with the community. (d) Working with community groups, [department/office] members and other community resources to: 1. Identify and solve public safety problems within the community. 2. Organize programs and activities that help build positive relationships between [department/office] members and the community and provide community members with an improved understanding of [department/office] operations. (e) Working with the Operations Bureau Commander to develop patrol deployment plans that allow officers the time to participate in community engagement and problem-solving activities. (f) Recognizing [department/office] and community members for exceptional work or performance in community relations efforts. (g) Attending City council and other community meetings to obtain information on community relations needs. (h) Assisting with the [department/office]’s response to events that may affect community relations, such as an incident where the conduct of a [department/office] member is called into public question. (i) Informing the Chief of Police and others of developments and needs related to the furtherance of the [department/office]’s community relations goals, as appropriate. 347.5 COMMUNITY AND YOUTH ACTIVITIES AND PROGRAMS The community relations lieutenant should organize or assist with programs and activities that create opportunities for [department/office] members and community members, especially youth, to interact in a positive setting. Examples of such programs and events include: (a) Police-community get-togethers (e.g., cookouts, meals, charity events). (b) Youth leadership and life skills mentoring. (c) School resource officer/Drug Abuse Resistance Education (D.A.R.E.®) programs. (d) Neighborhood Watch and crime prevention programs. 347.6 INFORMATION SHARING The community relations lieutenant should develop methods and procedures for the convenient sharing of information (e.g., major incident notifications, significant changes in [department/ office] operations, comments, feedback, positive events) between the [Department/Office] and community members. Examples of information-sharing methods include: (a) Community meetings. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Community Relations - 261 Culver City Police Department Policy Manual Community Relations (b) Social media (see the [Department/Office] Use of Social Media Policy). (c) [Department/Office] website postings. Information should be regularly refreshed, to inform and engage community members continuously. 347.7 LAW ENFORCEMENT OPERATIONS EDUCATION The community relations lieutenant should develop methods to educate community members on general law enforcement operations so they may understand the work that officers do to keep the community safe. Examples of educational methods include: (a) Development and distribution of informational cards/flyers. (b) [Department/Office] website postings. (c) Instruction in schools. (d) [Department/Office] ride-alongs (see the Ride-Along Policy). (e) Scenario/Simulation exercises with community member participation. (f) Youth internships at the [Department/Office]. (g) Citizen academies. Instructional information should include direction on how community members should interact with the police during enforcement or investigative contacts and how community members can make a complaint to the [department/office] regarding alleged misconduct or inappropriate job performance by [department/office] members. 347.8 SAFETY AND OTHER CONSIDERATIONS [Department/Office] members responsible for community relations activities should consider the safety of the community participants and, as much as reasonably practicable, not allow them to be present in any location or situation that would jeopardize their safety. [Department/Office] members in charge of community relations events should ensure that participating community members have completed waiver forms before participation, if appropriate. A parent or guardian must complete the waiver form if the participating community member has not reached 18 years of age. Community members are subject to a criminal history check before approval for participation in certain activities, such as citizen academies. 347.9 TRANSPARENCY The [Department/Office] should periodically publish statistical data and analysis regarding the [department/office]’s operations. The reports should not contain the names of officers, suspects or case numbers. The community relations lieutenant should work to identify information that may increase transparency regarding [department/office] operations. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Community Relations - 262 Culver City Police Department Policy Manual Community Relations 347.10 TRAINING Subject to available resources, members should receive training related to this policy, including training on topics such as: (a) Effective social interaction and communication skills. (b) Cultural, racial and ethnic diversity and relations. (c) Building community partnerships. (d) Community policing and problem-solving principles. (e) Enforcement actions and their effects on community relations. Where practicable and appropriate, community members, especially those with relevant expertise, should be involved in the training to provide input from a community perspective. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Community Relations - 263 Culver City Police Department Policy Manual Chapter 4 - Patrol Operations Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Patrol Operations - 264 Policy Culver City Police Department 400 Policy Manual Patrol Function 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the functions of the patrol unit of the Department to ensure intra-department cooperation and information sharing. 400.1.1 FUNCTION Officers will generally patrol in clearly marked vehicles, patrol assigned jurisdictional areas of Culver City, respond to calls for assistance, act as a deterrent to crime, enforce state and local laws and respond to emergencies 24 hours per day seven days per week. Patrol will generally provide the following services within the limits of available resources: (a) Patrol that is proactive in nature and directed at the detection and prevention of criminal acts, traffic violations and collisions, the maintenance of public order, and the discovery of hazardous situations or conditions (b) Crime prevention activities such as residential inspections, business inspections, community presentations, etc. (c) Calls for service, both routine and emergency in nature (d) Investigation of both criminal and non-criminal acts (e) The apprehension of criminal offenders (f) Community Oriented Policing and Problem Solving activities such as citizen assists and individual citizen contacts of a positive nature (g) The sharing of information between the Patrol and other bureaus within the Department, as well as other outside governmental agencies (h) The application of resources to specific problems or situations within the community, which may be improved or resolved by Community Oriented Policing and problem solving strategies (i) Traffic direction and control 400.1.2 TERRORISM It is the goal of the Culver City Police Department to make every reasonable effort to accurately and appropriately gather and report any information that may relate to either foreign or domestic terrorism. Officers should advise a supervisor as soon as practicable of any activity believed to be terrorism related and should document such incidents with a written report or Field Interview card (FI). The supervisor should ensure that all terrorism related reports and FIs are forwarded to the Investigations Bureau Supervisor or a Terrorism Liaison Officer (TLO) in a timely fashion. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Patrol Function - 265 Culver City Police Department Policy Manual Patrol Function 400.2 PATROL INFORMATION SHARING PROCEDURES The following guidelines are intended to develop and maintain intra-department cooperation and information flow between the various bureaus of the Culver City Police Department. 400.2.1 CRIME REPORTS A crime report may be completed by any patrol officer or Community Service Officer who receives criminal information. The report will be processed and forwarded to the appropriate bureau for retention or follow-up investigation. 400.2.2 PATROL BRIEFINGS Patrol supervisors, detective sergeants, and special unit sergeants are encouraged to share information as much as possible. All supervisors and/or officers will be provided an opportunity to share information at the daily patrol briefing(s) as time permits. 400.2.3 400.3 CROWDS, EVENTS AND GATHERINGS Officers may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. Officers encountering such gatherings shall notify a supervisor as soon as possible. Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns. Officers should consider enforcement of applicable state and local laws, such as Penal Code 602.1 (obstructing or intimidating business operators), when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved. 400.4 ASSIGNED PATROL AREAS At the beginning of each shift, each officer shall be assigned to a specific patrol district or area of responsibility for that shift. In some cases this area may be city-wide but in every case shall consist of an area within the boundaries of the City of Culver City. 400.4.1 DEPARTURE FROM ASSIGNED PATROL AREAS Unless authorized to leave, uniformed officers are required to remain within their assigned patrol areas during their shift. This section shall not prevent officers from approved departures from their areas for Code 7, to handle radio calls, or in response to emergency reports received in the field, when appropriate. In all cases where it is necessary for a uniformed officer to depart from his assigned patrol area he shall, as soon as practical, notify Communications of said Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Patrol Function - 266 Culver City Police Department Policy Manual Patrol Function departure and the reason for the action. Communications shall then notify the on-duty supervisor as soon as practical. The Department recognizes that some of the corporate boundaries of Culver City intermingle with those of the City and County of Los Angeles. Nothing in these sections prevents uniformed officers, in the course of their duties, from passing through these jurisdictional boundaries if they are contained within their district or if they are proceeding to a radio call or other assignment and the most direct route of travel takes them over these boundaries. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Patrol Function - 267 Policy Culver City Police Department 401 Policy Manual Patrol Equipment 401.1 PURPOSE AND SCOPE In order to perform their duties at the highest level, police officers need certain equipment to be readily available to them. This policy provides a description of both required and optional equipment for officers working in the field. 401.1.1 REQUIRED EQUIPMENT FOR UNIFORMED OFFICERS WORKING THE FIELD In addition to the basic uniform, sworn personnel engaged in uniform field duty shall carry the following equipment: (a) Handcuffs and Key - Handcuffs and key shall be carried at all times. (b) Oleoresin Capsicum Spray (OC) - Department issued pepper spray shall be carried at all times in a black basket weave or nylon carrying case. (c) TASER - The Departmentally approved Taser shall be carried by Officers and Sergeants while engaged in field operations. See Policy 309 for further guidelines. (d) Helmet - Department issued ballistic helmet and face shield. (e) Flashlight - A flashlight shall be carried during the hours of darkness. (f) Report Books - Report forms normally used in field operations shall be carried by officers assigned to field duty. (g) Notebook - A pocket sized notebook should be carried by all officers assigned to field duty. (h) Traffic Citation Books - Both moving citation and parking citation books shall be carried. (i) Writing Equipment - Ball point pen with black or blue ink and mechanical or regular pencils shall be carried in the pen pocket. They shall not be clipped over the pocket nor be exposed to view. Officers working plain clothes details are only required to carry the following items: • Department badge and identification card. • Official duty weapon, unless another type of weapon is authorized by the Chief of Police. • Pocket notebook. • Pen with blue or black ink. • Minimum of five rounds of extra ammunition. Exception: Officers detailed to undercover duty wherein it is necessary to conceal their identity, may be excused by their Bureau Commanders from the provision of all or part of this section. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Patrol Equipment - 268 Culver City Police Department Policy Manual Patrol Equipment 401.1.2 OPTIONAL EQUIPMENT FOR UNIFORMED OFFICERS WORKING THE FIELD In addition to the equipment in the foregoing sections, the individual officer may carry the following items: (a) Disposable plastic handcuffs. (b) Police whistle (Traffic personnel only) at the Traffic Bureau Commander's discretion. (c) A miniature flashlight may be worn on the uniform belt consistent with other accessories in a holder. (d) A RIPP Hobble (if properly trained). (e) A weapon-mounted light may be carried for on-duty use with Department approved weapons. The H&K USP and Sure Fire Tactical lights are two options available. No other types of sight devices i.e. laser sights, "red dot sights" or telescopic sights are authorized. 1. Should officers choose to use this equipment it will be purchased at their own expense. This includes the pouch and duty holster. The duty holster will not be a tactical type of holster that rides at the officer's thigh (Officers working in modified uniform or assigned to the Canine Unit may wear a holster on the thigh). Officers may carry the tactical light on their duty belt or attached to their duty weapon. Any officer desiring to carry these lights shall demonstrate proficiency before his/her supervisor or the Rangemaster and shall forward an IDC, through the chain of command, requesting authorization from the Chief of Police. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Patrol Equipment - 269 Policy Culver City Police Department 402 Policy Manual Racial- or Bias-Based Profiling 402.1 PURPOSE AND SCOPE This policy provides guidance to [department/office] members and establishes appropriate controls to ensure that members of the Culver City Police Department do not engage in racial- or bias-based profiling or violate any related laws while serving the community. 402.1.1 DEFINITIONS Definitions related to this policy include: Racial- or bias-based profiling - An inappropriate reliance on factors such as race, ethnicity, national origin, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group as a factor in deciding whether to take law enforcement action or to provide service. This includes gender identity or expression (Penal Code § 13519.4). 402.2 POLICY The Culver City Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this [department/office] to provide law enforcement services and to enforce the law equally, fairly and without discrimination toward any individual or group. Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group shall not be used as the basis for providing differing levels of law enforcement service or the enforcement of the law. 402.3 RACIAL- OR BIAS-BASED PROFILING PROHIBITED Racial- or bias-based profiling is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering factors such as race or ethnicity in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., suspect description is limited to a specific race or group). 402.4 MEMBER RESPONSIBILITY Every member of this [department/office] shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any known instances of racial- or bias-based profiling to a supervisor. 402.5 SUPERVISOR RESPONSIBILITY Supervisors shall monitor those individuals under their command for any behavior that may conflict with the purpose of this policy and shall handle any alleged or observed violation of this policy in accordance with the Personnel Complaints Policy. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Racial- or Bias-Based Profiling - 270 Culver City Police Department Policy Manual Racial- or Bias-Based Profiling (a) Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner. (b) Supervisors should periodically review MAV recordings, MDC data and any other available resource used to document contact between officers and the public to ensure compliance with the policy. 1. Supervisors should document these periodic reviews. 2. Recordings that capture a potential instance of racial- or bias-based profiling should be appropriately retained for administrative investigation purposes. (c) Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d) Supervisors should ensure that no retaliatory action is taken against any member of this [department/office] who discloses information concerning racial- or bias-based profiling. 402.6 TRAINING Training on racial- or bias-based profiling and review of this policy should be conducted as directed by the Personnel and Training. (a) All sworn members of this [department/office] will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of racial- or bias-based profiling. (b) Pending participation in such POST-approved training and at all times, all members of this [department/office] are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community. (c) Each sworn member of this [department/office] who received initial racial- or bias-based profiling training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity and cultural trends (Penal Code § 13519.4(i)). 402.7 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Professional Standards Unit Manager shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and provided to the Records Manager for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the Records Section Policy. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Racial- or Bias-Based Profiling - 271 Policy Culver City Police Department 403 Policy Manual Briefing Training 403.1 PURPOSE AND SCOPE Briefing training is generally conducted at the beginning of the officer’s assigned shift. Briefing provides an opportunity for important exchange between employees and supervisors. A supervisor generally will conduct Briefing; however officers may conduct Briefing for training purposes with supervisor approval. Briefing should accomplish, at a minimum, the following basic tasks: (a) Briefing officers with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles, and major investigations (b) Notifying officers of changes in schedules and assignments (c) Notifying officers of new General Orders or changes in General Orders (d) Reviewing recent incidents for training purposes (e) Providing training on a variety of subjects 403.2 PREPARATION OF MATERIALS The supervisor conducting Briefing is responsible for preparation of the materials necessary for a constructive briefing. Supervisors may delegate this responsibility to a subordinate officer in his or her absence or for training purposes. 403.3 RETENTION OF BRIEFING TRAINING RECORDS Briefing training materials and a curriculum or summary shall be forwarded to the Personnel and Training Lieutenant for inclusion in training records, as appropriate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Briefing Training - 272 Policy Culver City Police Department 404 Policy Manual Front Desk Officer/Community Service Officer 404.1 PURPOSE AND SCOPE This policy sets guidelines for the function and responsibilities of police officers and community service officers working the front desk. 404.2 RESPONSIBILITIES The front desk officer and or community service officer shall assist and direct all persons entering the police facility through the front entrance. The front desk officer will be responsible for ascertaining the particular needs of an individual and ensuring that the person is provided with the appropriate assistance. The front desk officer and or community service officer shall remain cognizant of visitor needs and address those needs in a timely and professional manner. The employee assigned to the front desk is responsible for directing visitors to the appropriate sources of service and information. In addition to providing referral services within the department (i.e., investigative services, fingerprint services, reports/records information), the front desk officer and or community service officer should direct visitors to the resources of other agencies (i.e., city department, other governmental agencies, social services agencies, etc.) when suitable. If conditions are such that the front desk officer and or community service officer cannot provide the appropriate level of service, the Watch Commander should be advised and appropriate action taken. 404.2.1 TELEPHONE COMMUNICATIONS The front desk officer and or community service officer shall answer all incoming calls to the front desk. All employees shall limit self-initiated telephone calls to those that are essential to the employees assigned duties. 404.2.2 POLICE REPORTS The front desk officer and or community service officer will take crime or incident reports as appropriate. 404.2.3 LIVE SCAN Live Scan and fingerprinting services are typically available to the public Monday through Friday between the hours of 0700 hours and 1500 hours; excluding holidays. Live Scan will generally be performed by a community service officer. 404.2.4 POLICE FACILITY VISITORS The front desk officer and or community service officer shall determine the needs of each visitor. If the visitor has legitimate business with the department, the visitor shall be directed to the appropriate individual or bureau. All visitors to the department are required to check-in at the front desk. Visitors from other law enforcement agencies must display their picture identification card or badge in plain sight. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Front Desk Officer/Community Service Officer - 273 Culver City Police Department Policy Manual Front Desk Officer/Community Service Officer The front desk officer or community service officer shall issue a visitors pass, and obtain a valid form of identification in return, permitting the visitor to access the facility. The visitor will only be admitted to the facility when escorted by a department employee. Exceptions may be authorized by the Watch Commander or a supervisor. When it is apparent that a visitor does not intend to conduct legitimate business within the police facility, or the visitor poses a potential threat to the police operations and or personnel, the front desk officer or community service officer will immediately notify the communications center and request an officer or supervisor. The front desk officer and or community service officer shall immediately notify the communications center when there is a disturbance or a disruption of city business at the front desk. 404.2.5 BUILDING SECURITY The Watch Commander is ultimately responsible for ensuring that adequate security is maintained at the front entrance of the police facility. The access door adjacent to the front counter shall remain secured, and all visitors shall not be permitted beyond the front desk lobby until such time that the front desk officer or the community service officer has determined a legitimate need for access. Only those persons requesting or requiring service provided by this agency shall be permitted to remain within the police facility. There should be at least one armed sworn employee on the police facility property at all times. 404.2.6 DELIVERIES AT THE FRONT DESK The front desk officer or community service officer is responsible for receiving deliveries at the front desk both during and after business hours. All mail, newspapers, gratuities or gifts received at the front desk shall be forwarded without unnecessary delay to the office of the Operations Captain. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Front Desk Officer/Community Service Officer - 274 Policy Culver City Police Department 405 Policy Manual Crime and Disaster Scene Integrity 405.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance in handling a major crime or disaster. 405.2 POLICY It is the policy of the Culver City Police Department to secure crime or disaster scenes so that evidence is preserved, and to identify and mitigate the dangers associated with a major crime or disaster scene for the safety of the community and those required to enter or work near the scene. 405.3 SCENE RESPONSIBILITY The first officer at the scene of a crime or major incident is generally responsible for the immediate safety of the public and preservation of the scene. Officers shall also consider officer safety and the safety of those persons entering or exiting the area, including those rendering medical aid to any injured parties. Once an officer has assumed or been assigned to maintain the integrity and security of the crime or disaster scene, the officer shall maintain the crime or disaster scene until he/she is properly relieved by a supervisor or other designated person. 405.4 FIRST RESPONDER CONSIDERATIONS The following list generally describes the first responder’s function at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation: (a) Broadcast emergency information, including requests for additional assistance and resources. (b) Provide for the general safety of those within the immediate area by mitigating, reducing or eliminating threats or dangers. (c) Locate or identify suspects and determine whether dangerous suspects are still within the area. (d) Provide first aid to injured parties if it can be done safely. (e) Evacuate the location safely as required or appropriate. (f) Secure the inner perimeter. (g) Protect items of apparent evidentiary value. (h) Secure an outer perimeter. (i) Identify potential witnesses. (j) Start a chronological log noting critical times and personnel allowed access. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Crime and Disaster Scene Integrity - 275 Culver City Police Department Policy Manual Crime and Disaster Scene Integrity 405.5 SEARCHES Officers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims, and to determine if suspects are present and continue to pose a threat. Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until additional or alternate authority for the search is obtained, such as consent or a search warrant. 405.5.1 CONSENT When possible, officers should seek written consent to search from authorized individuals. However, in the case of serious crimes or major investigations, it may be prudent to also obtain a search warrant. Consent as an additional authorization may be sought, even in cases where a search warrant has been granted. 405.6 EXECUTION OF HEALTH ORDERS Any sworn member of this department is authorized to enforce all orders of the local health officer that have been issued for the purpose of preventing the spread of any contagious, infectious or communicable disease (Health and Safety Code § 120155). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Crime and Disaster Scene Integrity - 276 Policy Culver City Police Department 406 Policy Manual Mutual Aid & Tactical Mobilization 406.1 PURPOSE AND SCOPE Mutual Aid and Tactical Mobilization plans are established to restore and maintain order during emergencies, including civil unrest and to provide assistance to local agencies during other unusual and or major events. 406.1.1 STRUCTURE AND GUIDELINES As a component of the Standardized Emergency Management System [SEMS], the System is based on four organizational levels: cities, counties, regions and the state. (A county is an operational area along with its political sub-divisions) The state is divided into seven Law Enforcement Mutual Aid Regions. Each sheriff serves as the Operational Area Coordinator. Within each region, one sheriff is elected to serve as the Regional Mutual Aid Coordinator. When the Chief of Police determines that an emergency situation may become or is already beyond the control of the department's resources, it is his responsibility to request mutual aid from the Operational Area Coordinator (West Hollywood Sheriff's Station). The basic concept provides that within the operational area, adjacent or neighboring law enforcement agencies will assist each other. Should the event require assistance from outside the county, the region will provide assistance to the impacted county. If the combined resources of the region are insufficient to cope with the incident, the Regional Coordinator will contact the State Law Enforcement Mutual Aid Coordinator at the Office of Emergency Services. Nothing in this section is intended to restrict watch commanders from providing immediate mutual assistance to neighboring cities in critical or life threatening situations. When such requests are made, the watch commander will provide resources to the requesting agency so as not to adversely impact the department's delivery of police service. Requests for assistance will be evaluated on a case by case basis weighing all the attendant factors. Generally it is acceptable to send personnel that do not exceed 50% of the on duty field force, accompanied by a supervisor. 406.1.2 UNUSUAL INCIDENTS NOTIFICATION Officers investigating an incident that is or may be, in the officer's opinion, of unusual concern to the Department, or which requires major police action, shall notify or cause to be notified the Watch Commander. If in the opinion of the Watch Commander, the incident is of major concern to the Department, he shall notify the Operations Bureau Commander. Such incidents shall include: (a) Natural occurrences such as earthquakes, serious floods and landslides. (b) Fires, explosions, train wrecks, and traffic collisions of major proportions. (c) Major disturbances or mass arrests. (d) Any unusual, vicious or significant crimes. (e) Death or serious injury of a Department employee on or off-duty. (f) Massive searches in pursuit of dangerous suspects. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mutual Aid & Tactical Mobilization - 277 Culver City Police Department Policy Manual Mutual Aid & Tactical Mobilization 406.1.3 TACTICAL MOBILIZATION PLAN In the event of an unusual occurrence or extreme emergency of such magnitude that the entire resources of the Department are required, a tactical mobilization may be called. According to the following procedure the Chief of Police or his designee shall authorize such mobilization for the necessary deployment of the Department. (a) The Watch Commander shall cause the notification of command officers in the following order: o Chief of Police o Operations Bureau Commander o Administration and Investigations Bureau Commander o Traffic Bureau Commander (b) When authorized by the Operations Bureau Commander or the Chief of Police or his designee, the on-duty Watch Commander shall implement the Tactical Mobilization and Deployment Plan. All regular days off shall be canceled. The cancellation of vacation leave or special days off shall be evaluated on an individual basis and canceled in extreme situations only. (c) The on-duty Watch Commander shall coordinate all field operations until relieved by the Operations Bureau Commander. (d) All field operations and the deployment of all field personnel and equipment shall be the responsibility of the Operations Bureau Commander. (e) The Department generally will deploy two 12 hour shifts in lieu of any other deployment mode. Shift "A" will commence at 0700 hours and run to 1900 hours; shift "B" from 1900 hours to 0700 hours. (f) "A" and "B" shift commanders should consider the need to implement measures to provide for the handling of routine calls for service as well as emergency incidents. Deployment of personnel should reflect consideration for this function within practicable limits. (g) Personnel assignment or organizational changes will be made at the discretion of the field commander. 406.1.4 TACTICAL ALERT The following organizational plan shall be utilized for a tactical alert. "Tactical Alert" affords us the ability to place additional personnel in the field. However, it is fewer personnel than would be utilized in a full mobilization plan. 406.2 OFF-DUTY REPORTING Employees off-duty shall, upon official notice, report for duty immediately upon receipt of and in compliance with directions given at the time of notification. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mutual Aid & Tactical Mobilization - 278 Culver City Police Department Policy Manual Mutual Aid & Tactical Mobilization Employees shall report for duty immediately in the event of any disaster or any other emergency wherein it would be reasonably expected that the Department would require the services of such employee. Whenever any disaster occurs within the Los Angeles County area, employees shall immediately attempt to contact the on duty Watch Commander to ascertain mobilization status. If telephone services are out, the employee shall assume that the Department is in full mobilization and respond to the shift (A or B) that they are assigned. Exception to this policy may include, severe family hardships, roadways blocked or impossible roadway 406.3 DEPLOYMENT 406.3.1 DAY "A" SHIFT (0700-1900 HOURS) • • Supervisors o Assistant Chief Administration & Investigations Bureau o Captain Operations Bureau o Lt. Professional Standards o Lt. Media Relations o Lt. Investigations o Lt. Records o Lt. Day Watch o Lt. Administration o Budget/Grants Manager o Sgt. Communications o Day Watch o Sgt. Motors o Sgt. Parking o Sgt. P.&T. o Sgt. Adult Detectives o Parking Supervisor Officers o Day Watch Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mutual Aid & Tactical Mobilization - 279 Culver City Police Department Policy Manual Mutual Aid & Tactical Mobilization o • Detectives o • • • • o Day Watch Motor Officers o Commercial Enforcement Officers o Accident Investigator o Red Light Officer Professional Staff o Day Watch Jailers o Management Analyst Community Service Officers o Day Watch C.S.O. o Traffic C.S.O.s Communications Operators P.E.O.s Forensic Specialists o • Day Watch Communications Operators Parking Enforcement Officers o • Adult Detectives Traffic o • Day Watch K-9 Forensic Specialist (Senior) Records Technicians o Records/Property Supervisor o Day Watch Records Technicians Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mutual Aid & Tactical Mobilization - 280 Culver City Police Department Policy Manual Mutual Aid & Tactical Mobilization • Property Technician o • Computer Services Technician o • Computer Services Technician (Senior) Custodian o • Property Technician (Senior) Custodian Secretaries o Operations Bureau Secretary o Admin/Investigations Secretary o Chief's Secretary o Automated Enforcement Clerk 406.3.2 NIGHT "B" SHIFT (1900-0700 HOURS) • • Supervisors o Captain Traffic Bureau o Lt. Traffic o Lt. Property and Forensics o Lt. Night Watch Ops. o Lt. Morning Watch Ops. o Sgt. Photo Enforcement o Night watch o Morning Watch o Sgt. C.I.T. o Sgt. Special Victims Unit Officers o Officer Personnel and Training o Morning Watch Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mutual Aid & Tactical Mobilization - 281 Culver City Police Department Policy Manual Mutual Aid & Tactical Mobilization • • o Night Watch o Night Watch K-9 o Morning Watch K-9 o Officer P&T Detectives o Special Victims Unit Detectives o S.R.O. o C.I.T. Traffic o • • Task Force Personnel o L.A. Impact o Cal-MMet Professional Staff o • • o Night Watch C.S.O. o Facilities C.S.O Communications Operators Night Watch Communications Operators Forensic Specialisits o • Night Watch Jailers Community Service Officers o • Night Watch Motor Officers Forensic Specialists (Junior) Records Technicians o Night Watch Records Technicians Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mutual Aid & Tactical Mobilization - 282 Culver City Police Department Policy Manual Mutual Aid & Tactical Mobilization • Property Technicians o • Computer Services Technicians o • Property Technician (Junior) Computer Services Technician Custodian o Custodian • Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mutual Aid & Tactical Mobilization - 283 Policy Culver City Police Department 407 Policy Manual Ride-Along Policy 407.1 PURPOSE AND SCOPE The Ride-Along Program provides an opportunity for citizens to experience the law enforcement function first hand. This policy provides the requirements, approval process, and hours of operation for the Ride-Along Program. 407.1.1 ELIGIBILITY The Culver City Police Department Ride-Along Program is offered to residents, students and those employed within the City. Every attempt will be made to accommodate interested persons however any applicant may be disqualified without cause. The following factors may be considered in disqualifying an applicant and are not limited to: • Being under 15 years of age • Prior criminal history • Pending criminal action • Pending lawsuit against the Department • Denial by any supervisor 407.1.2 AVAILABILITY The Ride-Along Program is available on most days of the week, with certain exceptions. The ride-along times are from 10:00 a.m. to 11:00 p.m. Exceptions to this schedule may be made as approved by the Chief of Police, Bureau Commander, or Watch Commander. 407.2 PROCEDURE TO REQUEST A RIDE-ALONG Generally, ride-along requests will be scheduled by the Watch Commander. The participant will complete a ride-along waiver form. Information requested will include a valid ID or California driver’s license, address, and telephone number. If the participant is under 18 years of age, a parent/guardian must be present to complete the Ride-Along Form. The Watch Commander will schedule a date, based on availability, at least one week after the date of application. If approved, a copy will be forwarded to the respective Watch Commander as soon as possible for his/her scheduling considerations. If the ride-along is denied after the request has been made, a representative of the Department will contact the applicant and advise him/her of the denial. 407.2.1 PROGRAM REQUIREMENTS Once approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply to the following: Community Service Officers employed by the Department, Explorers, RSVP, Chaplains, Reserves, police applicants, and all others with approval of the Watch Commander. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Ride-Along Policy - 284 Culver City Police Department Policy Manual Ride-Along Policy An effort will be made to ensure that no more than one citizen will participate in a ride-along during any given time period. Normally, no more than one ride-along will be allowed in the officer's vehicle at a given time. Ride-along requirements for Community Service Officers are covered in Policy Manual § 1048, "Community Service Officer Program." 407.2.2 SUITABLE ATTIRE Any person approved to ride along is required to be suitably dressed in collared shirt, blouse or jacket, slacks and shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not permitted. Hats and ball caps will not be worn in the police vehicle. The Watch Commander or field supervisor may refuse a ride along to anyone not properly dressed. 407.2.3 PEACE OFFICER RIDE-ALONGS Off-duty members of this department or any other law enforcement agency will not be permitted to ride-along with on-duty officers without the expressed consent of the Watch Commander. In the event that such a ride-along is permitted, the off-duty employee shall not be considered onduty and shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require. 407.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK All Ride-along applicants are subject to a criminal history check. The criminal history check may include a local records check and a Department of Justice Automated Criminal History System check through CLETS prior to their approval as a ride-along with a law enforcement officer (provided that the ride-along is not an employee of the Culver City Police Department) (CLETS Policies, Practices and Procedures Manual § 1.6.1.F.2.). 407.3 OFFICER’S RESPONSIBILITY The officer shall advise the dispatcher that a ride-along is present in the vehicle before going into service. Officers shall consider the safety of the ride-along at all times. Officers should use sound discretion when encountering a potentially dangerous situation, and if feasible, let the participant out of the vehicle in a well-lighted place of safety. The dispatcher will be advised of the situation and as soon as practical have another police unit respond to pick up the participant at that location. The ride-along may be continued or terminated at this time. The Watch Commander is responsible for maintaining and scheduling ride-alongs. 407.4 CONTROL OF RIDE-ALONG The assigned employee shall maintain control over the ride-along at all times and instruct him/her in the conditions that necessarily limit their participation. These instructions should include: (a) The ride-along will follow the directions of the officer (b) The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any police equipment Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Ride-Along Policy - 285 Culver City Police Department Policy Manual Ride-Along Policy (c) The ride-along may terminate the ride at any time and the officer may return the observer to their home or to the station if the ride-along interferes with the performance of the officer’s duties (d) Ride-alongs may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety (e) Officers will not allow any ride-alongs to be present in any residences or situations that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other citizen (f) Under no circumstance shall a civilian ride along be permitted to enter a private residence with an officer without the expressed consent of the resident or other authorized person Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Ride-Along Policy - 286 Policy Culver City Police Department 408 Policy Manual Hazardous Material Response 408.1 PURPOSE AND SCOPE Hazardous materials present a potential harm to employees resulting from their exposure. To comply with Title 8, California Code of Regulations, § 5194, the following is to be the policy of this department. 408.1.1 HAZARDOUS MATERIAL DEFINED A hazardous material is a substance which by its nature, containment and reactivity, has the capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly managed. 408.2 HAZARDOUS MATERIAL RESPONSE Employees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill or fire. When employees come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and citizens. The following steps should be considered at any scene involving suspected hazardous materials: (a) Attempt to identify the type of hazardous substance. (Identification can be determined by placard, driver's manifest or statements from the person transporting). (b) Notify the Fire Department. (c) Ensure that first-aid is provided for injured parties if it can be done safely and without contamination. (d) Begin evacuation of the immediate area and surrounding areas, depending on the substance. Voluntary evacuation should be considered; however, depending on the substance, mandatory evacuation may be necessary. (e) Notify the local health authority. Such notification is mandatory when a spilled or released item is a pesticide (Health and Safety Code § 105215). (f) Notify the Department of Toxic Substances Control. This is mandatory when an officer comes in contact with, or is aware of, the presence of a suspected hazardous substance at a site where an illegal controlled substance is or was manufactured (Health and Safety § 25354.5). 408.3 REPORTING EXPOSURE(S) Department personnel who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the employee in an employee memorandum that shall be forwarded via chain of command to the Bureau Commander. Should the affected employee be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the memorandum. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hazardous Material Response - 287 Culver City Police Department Policy Manual Hazardous Material Response Injury or illness caused or believed to be caused from exposure to hazardous materials shall be reported the same as any other on-duty injury or illness in addition to a crime report or incident report. 408.3.1 SUPERVISOR RESPONSIBILITY When a supervisor has been informed that an employee has been exposed to a hazardous material, he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure. To ensure the safety of employees, safety equipment is available through supervisory personnel. Safety items not maintained by the Department will be obtained through the Fire Department. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hazardous Material Response - 288 Policy Culver City Police Department 409 Policy Manual Hostage and Barricade Incidents 409.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage. The scope of this policy is not intended to address all variables that officers encounter during their initial response or when a hostage or barricade situation has developed. This policy does not require or purport to recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event. 409.1.1 DEFINITIONS Definitions related to this policy include: Barricade situation - An incident where a person maintains a position of cover or concealment and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is armed with a dangerous or deadly weapon. Hostage situation - An incident where it is reasonable to believe a person is unlawfully held by a hostage-taker as security so that specified terms or conditions will be met. 409.2 POLICY It is the policy of the Culver City Police Department to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence. 409.3 COMMUNICATION When circumstances permit, initial responding officers should try to establish and maintain lines of communication with a barricaded person or hostage-taker. Officers should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time-sensitive demands or conditions and obtain the suspect’s surrender. When available, department-authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators are permitted to exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions or demands and the available resources. 409.3.1 EMERGENCY COMMUNICATIONS Only an officer who has been designated by the District Attorney or Attorney General may use or authorize the use of an electronic amplifying or recording device to eavesdrop on or record, or both, oral communication in response to an emergency situation involving a hostage or the barricading of a location, and only when (Penal Code § 633.8(b)): Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hostage and Barricade Incidents - 289 Culver City Police Department Policy Manual Hostage and Barricade Incidents (a) The officer reasonably determines an emergency situation exists that involves the immediate danger of death or serious physical injury to any person within the meaning of 18 USC § 2518(7)(a)(i), (b) The officer reasonably determines that the emergency situation requires that eavesdropping on oral communication occur immediately, and (c) There are grounds upon which an order could be obtained pursuant to 18 USC § 2516(2). (d) An application for an order approving the eavesdropping and complying with the requirements of Section 629.50 is made within 48 hours of the beginning of the eavesdropping. (e) The contents of any oral communications overheard are recorded on tape or other comparable device. 409.4 FIRST RESPONDER CONSIDERATIONS First responding officers should promptly and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation. The first responding officer should immediately request a supervisor’s response as soon as it is determined that a hostage or barricade situation exists. The first responding officer shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer shall continually evaluate the situation, including the level of risk to officers, to the persons involved and to bystanders, and the resources currently available. The handling officer should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas. 409.4.1 BARRICADE SITUATION Unless circumstances require otherwise, officers handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators. During the interim the following options, while not all-inclusive or in any particular order, should be considered: (a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c) Request additional personnel, resources and equipment as needed (e.g., canine team, air support). (d) Provide responding emergency personnel with a safe arrival route to the location. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hostage and Barricade Incidents - 290 Culver City Police Department Policy Manual Hostage and Barricade Incidents (e) Evacuate non-injured persons in the immediate threat area if it is reasonably safe to do so. (f) Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries. (g) Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access. (h) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (i) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer. (j) If necessary and available, establish a tactical or exclusive radio frequency for the incident. (k) Establish a command post. 409.4.2 HOSTAGE SITUATION Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that officers react quickly to developing or changing threats. The following options while not all-inclusive or in any particular order, should be considered: (a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c) Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy). (d) Assist hostages or potential hostages to escape if it is reasonably safe to do so. Hostages should be kept separated if practicable pending further interview. (e) Request additional personnel, resources and equipment as needed (e.g., canine team, air support). (f) Provide responding emergency personnel with a safe arrival route to the location. (g) Evacuate non-injured persons in the immediate threat area if it is reasonably safe to do so. (h) Coordinate pursuit or surveillance vehicles and control of travel routes. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hostage and Barricade Incidents - 291 Culver City Police Department Policy Manual Hostage and Barricade Incidents (i) Attempt or obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information. (j) Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access. (k) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (l) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer. (m) If necessary and available, establish a tactical or exclusive radio frequency for the incident. 409.5 SUPERVISOR RESPONSIBILITIES Upon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting a CRU response if appropriate and apprising the CRU Commander of the circumstances. In addition, the following options should be considered: (a) Ensure injured persons are evacuated and treated by medical personnel. (b) Ensure the completion of necessary first responder responsibilities or assignments. (c) Request crisis negotiators, specialized units, additional personnel, resources or equipment as appropriate. (d) Establish a command post location as resources and circumstances permit. (e) Designate assistants who can help with intelligence information and documentation of the incident. (f) If it is practicable to do so, arrange for video documentation of the operation. (g) Consider contacting utility and communication providers to restrict such services (e.g., restricting electric power, gas, telephone service). 1. When considering restricting communication services, a supervisor should make the determination that there is reason to believe an emergency situation exists involving immediate danger of death or great bodily harm and that an interruption to communication services is necessary to protect public safety. The supervisor must ensure the Department obtains a court order, in accordance with Public Utilities Code section 7908, prior to requesting the interruption. In the case of an extreme emergency when there is insufficient time to obtain an order prior to the request, application for the order must be submitted within six hours after initiating the interruption (Public Utilities Code § 7908). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hostage and Barricade Incidents - 292 Culver City Police Department Policy Manual Hostage and Barricade Incidents (h) Ensure adequate law enforcement coverage for the remainder of the City during the incident. The supervisor should direct non-essential personnel away from the scene unless they have been summoned by the supervisor or Dispatch. (i) Identify a media staging area outside the outer perimeter and have the department Public Information Officer or a designated temporary media representative provide media access in accordance with the News Media Relations Policy. (j) Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration. (k) Debrief personnel and review documentation as appropriate. 409.6 REPORTING Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the scene is responsible for completion and/or coordination of incident reports. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Hostage and Barricade Incidents - 293 Policy Culver City Police Department 410 Policy Manual Response to Bomb Calls 410.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to assist members of the Culver City Police Department in their initial response to incidents involving explosives, explosive devices, explosion/ bombing incidents or threats of such incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety should always be the primary consideration. 410.2 POLICY It is the policy of the Culver City Police Department to place a higher priority on the safety of persons and the public over damage or destruction to public or private property. 410.3 RECEIPT OF BOMB THREAT Department members receiving a bomb threat should obtain as much information from the individual as reasonably possible, including the type, placement and alleged detonation time of the device. If the bomb threat is received on a recorded line, reasonable steps should be taken to ensure that the recording is preserved in accordance with established department evidence procedures. The member receiving the bomb threat should ensure that the Watch Commander is immediately advised and informed of the details. This will enable the Watch Commander to ensure that the appropriate personnel are dispatched, and, as appropriate, the threatened location is given an advance warning. 410.4 GOVERNMENT FACILITY OR PROPERTY A bomb threat targeting a government facility may require a different response based on the government agency. 410.4.1 CULVER CITY POLICE DEPARTMENT FACILITY If the bomb threat is against the Culver City Police Department facility, the Watch Commander will direct and assign officers as required for coordinating a general building search or evacuation of the police department, as he/she deems appropriate. 410.4.2 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY If the bomb threat is against a county or municipal facility within the jurisdiction of the Culver City Police Department that is not the property of this department, the appropriate agency will be promptly informed of the threat. Assistance to the other entity may be provided as the Watch Commander deems appropriate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Response to Bomb Calls - 294 Culver City Police Department Policy Manual Response to Bomb Calls 410.4.3 FEDERAL BUILDING OR PROPERTY If the bomb threat is against a federal building or property, the Federal Protective Service should be immediately notified. The Federal Protective Service provides a uniformed law enforcement response for most facilities, which may include use of its Explosive Detector Dog teams. If the bomb threat is against a federal government property where the Federal Protective Service is unable to provide a timely response, the appropriate facility’s security or command staff should be notified. Bomb threats against a military installation should be reported to the military police or other military security responsible for the installation. 410.5 PRIVATE FACILITY OR PROPERTY When a member of this department receives notification of a bomb threat at a location in the City of Culver City, the member receiving the notification should obtain as much information as reasonably possible from the notifying individual, including: (a) The location of the facility. (b) The nature of the threat. (c) Whether the type and detonation time of the device is known. (d) Whether the facility is occupied and, if so, the number of occupants currently on-scene. (e) Whether the individual is requesting police assistance at the facility. (f) Whether there are any internal facility procedures regarding bomb threats in place, such as: 1. No evacuation of personnel and no search for a device. 2. Search for a device without evacuation of personnel. 3. Evacuation of personnel without a search for a device. 4. Evacuation of personnel and a search for a device. The member receiving the bomb threat information should ensure that the Watch Commander is immediately notified so that he/she can communicate with the person in charge of the threatened facility. 410.5.1 ASSISTANCE The Watch Commander should be notified when police assistance is requested. The Watch Commander will make the decision whether the Department will render assistance and at what level. Information and circumstances that indicate a reasonably apparent, imminent threat to the safety of either the facility or the public may require a more active approach, including police control over the facility. Should the Watch Commander determine that the Department will assist or control such an incident, he/she will determine: (a) The appropriate level of assistance. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Response to Bomb Calls - 295 Culver City Police Department Policy Manual Response to Bomb Calls (b) The plan for assistance. (c) Whether to evacuate and/or search the facility. (d) Whether to involve facility staff in the search or evacuation of the building. (e) 1. The person in charge of the facility should be made aware of the possibility of damage to the facility as a result of a search. 2. The safety of all participants is the paramount concern. The need for additional resources, including: 1. Notification and response, or standby notice, for fire and emergency medical services. Even though a facility does not request police assistance to clear the interior of a building, based upon the circumstances and known threat, officers may be sent to the scene to evacuate other areas that could be affected by the type of threat, or for traffic and pedestrian control. 410.6 FOUND DEVICE When handling an incident involving a suspected explosive device, the following guidelines, while not all inclusive, should be followed: (a) No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. (b) The device should not be touched or moved except by the bomb squad or military explosive ordnance disposal team. (c) Personnel should not transmit on any equipment that is capable of producing radio frequency energy within the evacuation area around the suspected device. This includes the following: 1. Two-way radios 2. Cell phones 3. Other personal communication devices (d) The appropriate bomb squad or military explosive ordnance disposal team should be summoned for assistance. (e) The largest perimeter reasonably possible should initially be established around the device based upon available personnel and the anticipated danger zone. (f) A safe access route should be provided for support personnel and equipment. (g) Search the area for secondary devices as appropriate and based upon available resources. (h) Consider evacuation of buildings and personnel near the device or inside the danger zone and the safest exit route. (i) Promptly relay available information to the Watch Commander including: 1. The time of discovery. 2. The exact location of the device. 3. A full description of the device (e.g., size, shape, markings, construction). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Response to Bomb Calls - 296 Culver City Police Department Policy Manual Response to Bomb Calls 4. The anticipated danger zone and perimeter. 5. The areas to be evacuated or cleared. 410.7 EXPLOSION/BOMBING INCIDENTS When an explosion has occurred, there are multitudes of considerations which may confront the responding officers. As in other catastrophic events, a rapid response may help to minimize injury to victims, minimize contamination of the scene by gathering crowds, or minimize any additional damage from fires or unstable structures. 410.7.1 CONSIDERATIONS Officers responding to explosions, whether accidental or a criminal act, should consider the following actions: (a) Assess the scope of the incident, including the number of victims and extent of injuries. (b) Request additional personnel and resources, as appropriate. (c) Assist with first aid. (d) Identify and take appropriate precautions to mitigate scene hazards, such as collapsed structures, bloodborne pathogens and hazardous materials. (e) Assist with the safe evacuation of victims, if possible. (f) Establish an inner perimeter to include entry points and evacuation routes. Search for additional or secondary devices. (g) Preserve evidence. (h) Establish an outer perimeter and evacuate if necessary. (i) Identify witnesses. 410.7.2 NOTIFICATIONS When an explosion has occurred, the following people should be notified as appropriate: • Fire department • Bomb squad • Additional department personnel, such as investigators and forensic services • Field supervisor • Watch Commander • Other law enforcement agencies, including local, state or federal agencies, such as the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) • Other government agencies, as appropriate Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Response to Bomb Calls - 297 Culver City Police Department Policy Manual Response to Bomb Calls 410.7.3 CROWD CONTROL Only authorized members with a legitimate need should be permitted access to the scene. Spectators and other unauthorized individuals should be restricted to a safe distance as is reasonably practicable given the available resources and personnel. 410.7.4 PRESERVATION OF EVIDENCE As in any other crime scene, steps should immediately be taken to preserve the scene. The Watch Commander should assign officers to protect the crime scene area, which could extend over a long distance. Consideration should be given to the fact that evidence may be imbedded in nearby structures or hanging in trees and bushes. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Response to Bomb Calls - 298 Policy Culver City Police Department 411 Policy Manual Mental Illness Commitments 411.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may take a person into custody for psychiatric evaluation and treatment (5150 commitment) (Welfare and Institutions Code § 5150). 411.2 POLICY It is the policy of the Culver City Police Department to protect the public and individuals through legal and appropriate use of the 72-hour treatment and evaluation commitment (5150 commitment) process. 411.3 AUTHORITY An officer having probable cause may take a person into custody and place the person in an approved mental health facility for 72-hour treatment and evaluation when the officer believes that, as a result of a mental disorder, the person is a danger to him/herself or others or the person is gravely disabled (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5585.50). When determining whether to take a person into custody, officers are not limited to determining the person is an imminent danger and shall consider reasonably available information about the historical course of the person’s mental disorder, which may include evidence presented from any of the following (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05): (a) An individual who is providing or has provided mental health treatment or related support services to the person (b) A family member (c) The person subject to the determination or anyone designated by the person 411.3.1 VOLUNTARY EVALUATION If an officer encounters an individual who may qualify for a 5150 commitment, he/she may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the person so desires, the officers should: (a) Transport the person to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to a 5150 commitment. (b) If at any point the person changes his/her mind regarding voluntary evaluation, officers should proceed with the 5150 commitment, if appropriate. (c) Document the circumstances surrounding the individual’s desire to pursue voluntary evaluation and/or admission. 411.3.2 RESTRAINTS If the patient is violent or potentially violent, the officer will notify the staff of this concern. The staff member in charge will have discretion as to whether soft-restraints will be used. If these restraints Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mental Illness Commitments - 299 Culver City Police Department Policy Manual Mental Illness Commitments are desired, the officer will wait while they are being applied to help provide physical control of the patient, if needed. 411.3.3 MENTAL HEALTH DOCUMENTATION The officer will complete an Application For 72-Hour Detention for Evaluation and Treatment form (MH-302) and provide it to the staff member assigned to that patient. The officer will retain a copy of the 72-hour evaluation for inclusion in the case report. The officer shall also provide a verbal summary to an emergency department staff member regarding the circumstances leading to the involuntary detention. 411.4 CONSIDERATIONS AND RESPONSIBILITIES Any officer handling a call involving an individual who may qualify for a 5150 commitment should consider, as time and circumstances reasonably permit: (a) Available information that might assist in determining the cause and nature of the person’s action or stated intentions. (b) Community or neighborhood mediation services. (c) Conflict resolution and de-escalation techniques. (d) Community or other resources available to assist in dealing with mental health issues. While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others. Officers should consider a 5150 commitment over arrest when mental health issues appear to be a mitigating factor for people who are suspected of committing minor crimes or creating other public safety issues. 411.4.1 SECURING OF PROPERTY When a person is taken into custody for evaluation, or within a reasonable time thereafter, and unless a responsible relative, guardian or conservator is in possession of the person's personal property, the officer shall take reasonable precautions to safeguard the individual’s personal property in his/her possession or on the premises occupied by the person (Welfare and Institutions Code § 5150). The officer taking the person into custody shall provide a report to the court that describes the person’s property and its disposition in the format provided in Welfare and Institutions Code § 5211, unless a responsible person took possession of the property, in which case the officer shall only include the name of the responsible person and the location of the property (Welfare and Institutions Code § 5150). 411.5 TRANSPORTATION When transporting any individual for a 5150 commitment, the transporting officer should have Dispatch notify the receiving facility of the estimated time of arrival, the level of cooperation of the individual and whether any special medical care is needed. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mental Illness Commitments - 300 Culver City Police Department Policy Manual Mental Illness Commitments Officers may transport individuals in a patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport vehicle and the safety of any person, including the detainee, requires the presence of an officer during the transport, Watch Commander approval should be sought before transport commences. 411.5.1 RETURN OF CONFISCATED FIREARMS AND WEAPONS (a) Whenever the handling officer has cause to believe that the future return of any confiscated weapon(s) might endanger the person or others, the officer shall detail those facts and circumstances in a report. The report shall be forwarded to the Investigations Bureau which shall be responsible for initiating a petition to the superior court for a hearing in accordance with Welfare and Institutions Code § 8102(b), to determine whether or not the weapon(s) will be returned. (b) The petition to the Superior Court shall be initiated within 30 days of the release of the individual from whom such weapon(s) have been confiscated unless the Department makes an ex parte application to the court to extend the time to file such a petition, up to a maximum of 60 days. At the time any such petition is initiated, the Department shall send written notice to the individual informing him or her of the right to a hearing on the issue and that he or she has 30 days to confirm with the court clerk any desire for a hearing and that the failure to do so will result in the forfeiture of any confiscated weapon(s). (c) If no petition is initiated within the above period, the Department shall make the weapon(s) available for return in accordance with subsection (d) below. If the person does not confirm a desire for a hearing within the prescribed 30 days, the Department may file a petition for an order of default. (d) Under no circumstances shall any firearm be returned to any individual unless and until such person presents valid identification and written notification from the California Department of Justice which conforms to the provisions of Penal Code § 12021.3(e). (e) In no case in which a firearm or other deadly weapon is not retained as evidence shall the Department be required to retain such firearms or other deadly weapon longer than 180 days after notice has been provided to the owner that such firearm or other deadly weapon is available for return. At the expiration of such period, the firearm or other deadly weapon may be processed for disposal in accordance with applicable law (Penal Code § 12021.3(g)). 411.6 TRANSFER TO APPROPRIATE FACILITY Upon arrival at the facility, the officer will escort the individual into a treatment area designated by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should provide the staff member with the written application for 5150 commitment and remain present to provide clarification of the grounds for detention, upon request. Absent exigent circumstances, the transporting officer should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported and delivered while restrained, the officer may assist with transferring the individual to facility Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mental Illness Commitments - 301 Culver City Police Department Policy Manual Mental Illness Commitments restraints and will be available to assist during the admission process, if requested. Under normal circumstances, officers will not apply facility-ordered restraints. 411.7 DOCUMENTATION The officer shall complete an application for a 72-Hour detention for evaluation and treatment, provide it to the facility staff member assigned to that patient and retain a copy of the application for inclusion in the case report. The application shall include the circumstances for officer involvement; the probable cause to believe the person is, as a result of a mental health disorder, a danger to others or him/herself or gravely disabled; and all information used for the determination of probable cause (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05). The officer should also provide a verbal summary to any evaluating staff member regarding the circumstances leading to the involuntary detention. 411.7.1 ADVISEMENT The officer taking a person into custody for evaluation shall advise the person of: (a) The officer’s name and agency. (b) The fact that the person is not under criminal arrest but is being taken for examination by mental health professionals and the mental health staff will advise him/her of their rights. (c) The name of the facility to which the person is being taken. (d) If the person is being taken into custody at his/her residence, he/she should also be advised that he/she may take a few personal items, which the officer must approve, and may make a telephone call or leave a note indicating where he/she is being taken. The officer should also ask if the person needs assistance turning off any appliance or water. The advisement shall be given in a language the person understands. If the person cannot understand an oral advisement, the information shall be provided in writing (Welfare and Institutions Code § 5150). 411.8 CRIMINAL OFFENSES Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken on a 5150 commitment should resolve the criminal matter by issuing a warning or a Notice to Appear as appropriate. When an individual who may qualify for a 5150 commitment has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should: (a) Arrest the individual when there is probable cause to do so. (b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the 5150 commitment. (c) Facilitate the individual’s transfer to jail. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mental Illness Commitments - 302 Culver City Police Department Policy Manual Mental Illness Commitments (d) Thoroughly document in the related reports the circumstances that indicate the individual may qualify for a 5150 commitment. In the supervisor’s judgment, the individual may instead be arrested or booked and transported to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this department to regain custody of the individual, department resources (e.g., posting a guard) and other relevant factors in making this decision. 411.9 FIREARMS AND OTHER WEAPONS Whenever a person is taken into custody for a 5150 commitment, the handling officers should seek to determine if the person owns or has access to any firearm or other deadly weapon defined in Welfare and Institute § 8100. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g. safekeeping, evidence, consent). Officers are cautioned that a search warrant may be needed before entering a residence or other place to search, unless lawful, warrantless entry has already been made (e.g., exigent circumstances, consent). A search warrant may also be needed before searching for or seizing weapons The handling officers shall issue a receipt describing the deadly weapon or any firearm seized, and list any serial number or other identification that is on the firearm. Officers shall advise the person of the procedure for the return of any firearm or other weapon that has been taken into custody (Welfare and Institutions Code § 8102 (b)) (see Property and Evidence Policy). 411.9.1 PETITION FOR RETURN OF FIREARMS AND OTHER WEAPONS Whenever the handling officer has cause to believe that the future return of any confiscated weapon might endanger the person or others, the officer shall detail those facts and circumstances in a report. The report shall be forwarded to the Investigation Bureau, which shall be responsible for initiating a petition to the Superior Court for a hearing in accordance with Welfare and Institutions Code § 8102(c), to determine whether the weapon will be returned. The petition to the Superior Court shall be initiated within 30 days of the release of the individual from whom such weapon has been confiscated, unless the Department makes an ex parte application to the court to extend the time to file such a petition, up to a maximum of 60 days. At the time any such petition is initiated, the Department shall send written notice to the individual informing him/her of the right to a hearing on the issue, that he/she has 30 days to confirm with the court clerk any desire for a hearing and that the failure to do so will result in the forfeiture of any confiscated weapon. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mental Illness Commitments - 303 Culver City Police Department Policy Manual Mental Illness Commitments 411.10 TRAINING This department will endeavor to provide Peace Officer Standards and Training (POST)-approved advanced officer training on interaction with persons with mental disabilities, 5150 commitments and crisis intervention. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mental Illness Commitments - 304 Policy Culver City Police Department 412 Policy Manual Cite and Release Policy 412.1 PURPOSE AND SCOPE This policy provides guidance on when to release adults who are arrested for a criminal misdemeanor offense on a written notice to appear (citation) and when to hold for court or bail. 412.2 POLICY It is the policy of the Culver City Police Department to release all persons arrested on misdemeanor or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6). If there is a reason for non-release, the Department’s mission to protect the community will be the primary consideration when determining whether to release any individual in lieu of holding for court or bail. 412.3 RELEASE BY CITATION Except in cases where a reason for non-release as described below exists, adults arrested for a misdemeanor offense, including a private persons arrest, shall be released from custody on a citation (Penal Code § 853.6). The citing officer shall, at the time the defendant signs the notice to appear, call attention to the time and place for appearance and take any other steps he/she deems necessary to ensure that the defendant understands his/her written promise to appear. 412.3.1 FIELD CITATIONS In most cases an adult arrested for a misdemeanor offense may be released in the field on a citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately required provided the individual can be satisfactorily identified, there is no outstanding arrest warrant for the individual and none of the below described disqualifying circumstances are present (Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting officer should check the booking required box on the citation form to indicate that the person will be photographed and fingerprinted at a later time prior to appearing in court. When a booking photo or fingerprints are needed for the furtherance of any investigation, the person should be released on citation after booking instead of on a field citation. 412.3.2 RELEASE AFTER BOOKING In some cases it may not be feasible or desirable to release a person in the field. The person should instead be released on citation after booking at the jail. All bookings shall be approved by the Watch Commander or the authorized designee. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Cite and Release Policy - 305 Culver City Police Department Policy Manual Cite and Release Policy 412.3.3 INSTRUCTIONS TO CITED PERSON The citing officer shall, at the time he/she asks the defendant to sign the notice to appear, call attention to the time and place for appearance and take any other steps he/she deems necessary to ensure that the defendant understands his/her written promise to appear. 412.4 NON-RELEASE 412.4.1 DISQUALIFYING OFFENSES An adult arrested on any of the following disqualifying charges shall not be released on citation and shall be transported to the appropriate detention facility or held for court or bail after booking: Disqualifying offenses include (Penal Code § 1270.1): (a) Misdemeanor domestic battery (Penal Code § 243(e)(1)). (b) Felony domestic battery (Penal Code § 273.5). (c) Serious or violent felonies (Penal Code § 1270.1(a)(1)). (d) Violation of a protective order and the arrested person has made threats, used violence or has gone to the protected person’s workplace or residence (Penal Code § 273.6). (e) Stalking (Penal Code § 646.9). (f) Misdemeanor violations of a protective order relating to domestic violence if there is a reasonable likelihood the offense will continue or the safety of the individuals or property would be endangered (Penal Code § 853.6). 412.4.2 REASONS FOR NON-RELEASE A person arrested for a misdemeanor shall be released on a citation unless there is a reason for non-release. The Watch Commander may authorize a release on citation regardless of whether a reason for non-release exists when it is determined to be in the best interest of the Department and does not present an unreasonable risk to the community (e.g., release of an intoxicated or ill person to a responsible adult). Reasons for non-release include (Penal Code § 853.6(i)): (a) The person arrested is so intoxicated that he/she could be a danger to him/herself or to others. Release may occur as soon as this condition no longer exists. (b) The person arrested requires medical examination or medical care or is otherwise unable to care for his/her own safety 1. (c) The Culver City Police Department shall not release an arrestee from custody for the purpose of allowing that person to seek medical care at a hospital, and then immediately re-arrest the same individual upon discharge from the hospital, unless the hospital determines this action will enable it to bill and collect from a third-party payment source (Penal Code § 4011.10). The person is arrested for one or more of the offenses listed in Vehicle Code §§ 40302, 40303 and 40305. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Cite and Release Policy - 306 Culver City Police Department Policy Manual Cite and Release Policy (d) There are one or more outstanding arrest warrants for the person (see Misdemeanor Warrants elsewhere in this policy). (e) The person could not provide satisfactory evidence of personal identification. 1. If a person released on citation does not have satisfactory identification in his/her possession, a right thumbprint or fingerprint should be obtained on the citation form. (f) The prosecution of the offense or offenses for which the person was arrested or the prosecution of any other offense or offenses would be jeopardized by the immediate release of the person arrested. (g) There is a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the person arrested. (h) The person arrested demands to be taken before a magistrate or has refused to sign the notice to appear. (i) There is reason to believe that the person would not appear at the time and place specified in the notice to appear. The basis for this determination shall be specifically documented. Reasons may include: (a) Previous failure to appear is on record (b) The person lacks ties to the area, such as a residence, job or family (c) Unusual circumstances lead the officer responsible for the release of prisoners to conclude that the suspect should be held for further investigation 412.5 MISDEMEANOR WARRANTS An adult arrested on a misdemeanor warrant may be released, subject to Watch Commander approval, unless any of the following conditions exist: (a) The misdemeanor cited in the warrant involves violence (b) The misdemeanor cited in the warrant involves a firearm (c) The misdemeanor cited in the warrant involves resisting arrest (d) The misdemeanor cited in the warrant involves giving false information to a peace officer (e) The person arrested is a danger to him/herself or others due to intoxication or being under the influence of drugs or narcotics (f) The person requires medical examination or medical care or was otherwise unable to care for his/her own safety (g) The person has other ineligible charges pending against him/her (h) There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the person (i) The person refuses to sign the notice to appear (j) The person cannot provide satisfactory evidence of personal identification Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Cite and Release Policy - 307 Culver City Police Department Policy Manual Cite and Release Policy (k) The warrant of arrest indicates that the person is not eligible to be released on a notice to appear Release under this section shall be done in accordance with the provisions of this policy. 412.6 JUVENILE CITATIONS All juveniles must have citation or be housed at Juvenile Hall in lieu of citation. Citations are inclusive of: • Traffic violation infractions of the Vehicle Code • Misdemeanor traffic violations of the Vehicle Code • Violations of the Penal Code • Violations of the Culver City City codes All other misdemeanor violations for juveniles shall be documented with a case number and the case should be referred to the Investigation Bureau for further action. 412.7 REQUESTING CASE NUMBERS Many cases involving a criminal citation release can be handled without requesting a case number. Traffic situations and local code violations can be documented on the reverse side of the records copy of the citation. Most Penal Code sections will require a case number to document the incident properly in a report. This section does not preclude an officer from requesting a case number if he/she feels the situation should be documented more thoroughly in a case report. 836.6(a) (1) Misdemeanor arrestees shall be released (no discretion) on cite with only certain specified exceptions; may be booked first but then must be cited out. (2) DV protective order (without threats) arrestees may be released if offense is not likely to continue and release does not create imminent endangerment (should be W/ C’s call based on officer’s justification) (3) No cite for: Misd/Felony DV, violating DV protective orders if threats were made and stalking however arrestees are still entitled to release on scheduled bail or OR release (OR release or deviation from bail schedule require Bail Hearing, for listed violent felonies (1270.1)) 836.6.(h) Must cite out misdemeanor arrestees. Note that code says a person “the officer has arrested” not “suspected offender”. Includes pvt. person arrests. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Cite and Release Policy - 308 Culver City Police Department Policy Manual Cite and Release Policy (i) Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Identifies the only reasons for which a misdemeanant may be held for court/bail (too drunk, no ID, would jeopardize a prosecution, offense likely to continue…). Note that these reasons do not prohibit citing out “the arresting officer may release”. Must indicate in writing the reason the person was not cited and include with any transmittal of the arrestee to other facility. Cite and Release Policy - 309 Policy Culver City Police Department 413 Policy Manual Foreign Diplomatic and Consular Representatives 413.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that members of the Culver City Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law. 413.2 POLICY The Culver City Police Department respects international laws related to the special privileges and immunities afforded foreign diplomatic and consular representatives assigned to the United States. All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them. 413.3 CLAIMS OF IMMUNITY If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay: (a) Notify a supervisor. (b) Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person’s status. (c) Request the person’s identification card, either issued by the U.S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities. (d) Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free at 866-217-2089, or at another current telephone number and inform the center of the circumstances. (e) Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed. Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Foreign Diplomatic and Consular Representatives - 310 Culver City Police Department Policy Manual Foreign Diplomatic and Consular Representatives 413.4 ENFORCEMENT If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following: (a) Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation. (b) All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts. (c) An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities. 1. (d) (e) Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled. The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized: 1. Diplomatic-level staff of missions to international organizations and recognized family members 2. Diplomatic agents and recognized family members 3. Members of administrative and technical staff of a diplomatic mission and recognized family members 4. Career consular officers, unless the person is the subject of a felony warrant The following persons may generally be detained and arrested: 1. International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents. 2. Support staff of missions to international organizations 3. Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries. 4. Honorary consular officers 5. Whenever an officer arrests and incarcerates, or detains for investigation for over two hours, a person with diplomatic and consular privileges and immunities, the officer shall promptly advise the person that he/she is entitled to have his/her government notified of the arrest or detention (Penal Code § 834c). If the individual wants his/her government notified, the officer shall begin the notification process. 413.5 DOCUMENTATION All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic and consular representatives should be thoroughly documented and the related reports forwarded to DOS. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Foreign Diplomatic and Consular Representatives - 311 Culver City Police Department Policy Manual Foreign Diplomatic and Consular Representatives 413.6 DIPLOMATIC IMMUNITY TABLE Reference table on diplomatic immunity: Category Arrested or Detained Enter Residence Subject to Ordinary Procedures Issued Traffic Citation Subpoenaed Prosecuted as Witness Diplomatic Agent No No Yes No No Same as sponsor (full immunity & inviolability) No Yes No No Same as sponsor (full immunity & inviolability) Yes Yes Yes No for official acts. No immunity or inviolability Yes otherwise (note (a)) (note (b)) Member of Admin and Tech Staff No (note (b)) Service Staff Yes Recognized Family Members (note (a)) (note (a)) Career Consul Officer Yes if for a felony and pursuant to a warrant Yes Yes Yes Yes Yes Officer Consulate Employees Yes No for official acts. No immunity or inviolability Testimony may not be compelled in any case Yes otherwise No for official acts No for official acts Yes otherwise. Yes otherwise No for official acts No for official acts. No immunity or inviolability Yes otherwise. Yes otherwise (note (a)) (note (d)) (note (a)) Honorable Consul No for official acts Yes Yes (note (a)) No immunity or inviolability (note (a)) (note (a)) Int’l Org Staff Yes Yes (note (c)) (note (c)) (note (b)) Yes Yes No for official acts. No immunity or inviolability (note (c)) Yes otherwise (note (c)) Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Foreign Diplomatic and Consular Representatives - 312 Culver City Police Department Policy Manual Foreign Diplomatic and Consular Representatives DiplomaticLevel Staff of Missions to Int’l Org Support Staff of Missions to Int’l Orgs No No Yes No No Same as sponsor (full immunity & inviolability) Yes Yes Yes No for official acts No immunity or inviolability (note (b)) Yes Yes otherwise Notes for diplomatic immunity table: (a) This table presents general rules. The employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements. (b) Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or in the prevention of serious criminal acts. (c) A small number of senior officers are entitled to be treated identically to diplomatic agents. (d) Note that consul residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Foreign Diplomatic and Consular Representatives - 313 Policy Culver City Police Department 414 Policy Manual Rapid Response and Deployment 414.1 PURPOSE AND SCOPE Violence that is committed in schools, workplaces and other locations by individuals or a group of individuals who are determined to target and kill persons and to create mass casualties presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist responding officers in situations that call for rapid response and deployment. 414.2 POLICY The Culver City Police Department will endeavor to plan for rapid response to crisis situations, and to coordinate response planning with other emergency services as well as with those that are responsible for operating sites that may be the target of a critical incident. Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members of the Department in protecting themselves or others from death or serious injury. 414.3 FIRST RESPONSE If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger, first responding officers should consider reasonable options to reduce, prevent or eliminate the threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances, whether to advance on the suspect, take other actions to deal with the threat or wait for additional resources. If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening activity toward others, officers should take immediate action, if reasonably practicable, while requesting additional assistance. Officers should remain aware of the possibility that an incident may be part of a coordinated multilocation attack that may require some capacity to respond to other incidents at other locations. When deciding on a course of action officers should consider: (a) Whether to advance on or engage a suspect who is still a possible or perceived threat to others. Any advance or engagement should be based on information known or received at the time. (b) Whether to wait for additional resources or personnel. This does not preclude an individual officer from taking immediate action. (c) Whether individuals who are under imminent threat can be moved or evacuated with reasonable safety. (d) Whether the suspect can be contained or denied access to victims. (e) Whether the officers have the ability to effectively communicate with other personnel or resources. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Rapid Response and Deployment - 314 Culver City Police Department Policy Manual Rapid Response and Deployment (f) Whether planned tactics can be effectively deployed. (g) The availability of rifles, shotguns, shields, breaching tools, control devices and any other appropriate tools, and whether the deployment of these tools will provide a tactical advantage. In a case of a barricaded suspect with no hostages and no immediate threat to others, officers should consider summoning and waiting for additional assistance (special tactics and/or hostage negotiation team response). 414.4 CONSIDERATIONS When dealing with a crisis situation members should: (a) Assess the immediate situation and take reasonable steps to maintain operative control of the incident. (b) Obtain, explore and analyze sources of intelligence and known information regarding the circumstances, location and suspect involved in the incident. (c) Attempt to attain a tactical advantage over the suspect by reducing, preventing or eliminating any known or perceived threat. (d) Attempt, if feasible and based upon the suspect’s actions and danger to others, a negotiated surrender of the suspect and release of the hostages. 414.5 PLANNING The Operations Bureau Commander should coordinate critical incident planning. Planning efforts should consider: (a) Identification of likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b) Availability of building plans and venue schematics of likely critical incident target sites. (c) Communications interoperability with other law enforcement and emergency service agencies. (d) Training opportunities in critical incident target sites, including joint training with site occupants. (e) Evacuation routes in critical incident target sites. (f) Patrol first-response training. (g) Response coordination and resources of emergency medical and fire services. (h) Equipment needs. (i) Mutual aid agreements with other agencies. (j) Coordination with private security providers in critical incident target sites. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Rapid Response and Deployment - 315 Culver City Police Department Policy Manual Rapid Response and Deployment 414.6 TRAINING The Personnel and Training Lieutenant should include rapid response to critical incidents in the training plan. This training should address: (a) Orientation to likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b) Communications interoperability with other law enforcement and emergency service agencies. (c) Patrol first-response training, including patrol rifle, shotgun, breaching tool and control device training. 1. This should include the POST terrorism incident training required for officers assigned to field duties (Penal Code § 13519.12). (d) First aid, including gunshot trauma. (e) Reality-based scenario training (e.g., active shooter, disgruntled violent worker). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Rapid Response and Deployment - 316 Policy Culver City Police Department 415 Policy Manual Immigration Violations 415.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Culver City Police Department for investigating and enforcing immigration laws. 415.2 POLICY It is the policy of the Culver City Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this [department/office] in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their immigration status. 415.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/ or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and without regard to race, color or national origin in any way that would violate the United States or California Constitutions. 415.4 ENFORCEMENT An officer may detain an individual when there are facts supporting a reasonable suspicion that the individual entered into the United States in violation of a federal criminal law. Federal authorities shall be notified as soon as possible and the detained individual shall be immediately released if the federal authorities do not want the person held. An officer should not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant. 415.4.1 CIVIL VS. CRIMINAL FEDERAL OFFENSES An individual who enters into the United States illegally has committed a misdemeanor (8 USC § 1325(a)). Generally, an alien who initially made a legal entry into the United States but has remained beyond what is a legal period of time has committed a federal civil offense. Reasonable suspicion that a criminal immigration violation has occurred shall not be based on race, color, national origin or any other generalization that would cast suspicion on or stigmatize any person, except to the extent permitted by the United States or California Constitutions. Instead, the totality of circumstances shall be used to determine reasonable suspicion, and shall include factors weighing for and against reasonable suspicion. Factors that may be considered in determining reasonable suspicion that a criminal immigration violation has occurred may include, but are not limited to: (a) An admission that the person entered the United States illegally. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Immigration Violations - 317 Culver City Police Department Policy Manual Immigration Violations (b) Reason to suspect that the person possesses immigration documentation that is forged, altered or otherwise indicative that the person is not legally present in the United States. (c) While a lack of English proficiency may be considered, it should not be the sole factor in establishing reasonable suspicion. When practicable, reasonable effort should be made to accommodate persons with limited English proficiency. (d) Other factors based upon training and experience. 415.4.2 IMMIGRATION CHECKS Immigration status may be determined through any of the following sources: (a) A law enforcement officer who is authorized by the federal government under 8 USC § 1357 to verify or ascertain an alien's immigration status (sometimes referred to as a 287(g) certified officer) (b) Immigration and Customs Enforcement (ICE) (c) U.S. Customs and Border Protection (CBP) An officer shall verify from a 287(g) certified officer, ICE or CBP whether a person’s presence in the United States relates to a federal civil violation or a criminal violation. If the officer has facts that establish probable cause to believe that a person already lawfully detained has committed a criminal immigration offense, he/she may continue the detention and may request ICE or CBP to respond to the location to take custody of the detained person. In addition, the officer should notify a supervisor as soon as practicable. No individual who is otherwise ready to be released should continue to be detained only because questions about the individual’s status are unresolved. An officer is encouraged to forgo detentions made solely on the basis of a misdemeanor offense when time limitations, availability of personnel, issues of officer safety, communication capabilities or the potential to obstruct a separate investigation outweigh the need for the detention. 415.4.3 SUPERVISOR RESPONSIBILITIES When notified that an officer has detained a person and established probable cause to believe the person has committed a criminal immigration offense, the supervisor should: (a) Confirm that the detained person’s immigration status was properly verified. (b) Ensure that the detained person is taken into custody when appropriate. Take any additional steps necessary that may include, but are not limited to: 1. Transfer to federal authorities. 2. Lawful arrest for a criminal offense or warrant. 415.5 ARREST NOTIFICATION TO IMMIGRATION AND CUSTOMS ENFORCEMENT Except as described below, it is not necessary to notify ICE when booking arrestees at the county jail. Immigration officials routinely interview suspected undocumented aliens who are booked into the county jail. Notification should be handled according to jail operation procedures. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Immigration Violations - 318 Culver City Police Department Policy Manual Immigration Violations Whenever an officer has reason to believe that an individual arrested for any offense listed in Health and Safety Code § 11369 may not be a citizen of the United States, and the individual is not going to be booked into the county jail, the arresting officer shall notify ICE or other appropriate agency of the United States. Individuals arrested for other offenses who are not going to be booked into the county jail may be reported to ICE or other appropriate agency of the United States. When determining whether notification of immigration authorities is appropriate, the officer should, in consultation with a supervisor, consider the totality of circumstances of each case, including, but not limited to: (a) Seriousness of the offense (b) Community safety (c) Potential burden on ICE or other federal agency (d) Impact on the immigrant community No individual who is otherwise ready to be released should continue to be detained solely for the purpose of making notification to immigration authorities. 415.6 ICE REQUESTS FOR ASSISTANCE Requests by ICE, or any other federal agency, for assistance from this [department/office] should be directed to a supervisor. The [Department/Office] may provide available support services, such as traffic control or peacekeeping efforts, to ICE or other federal agencies. 415.7 INFORMATION SHARING No member of this [department/office] will prohibit, or in any way restrict, any other member from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 USC § 1373): (a) Sending information to, or requesting or receiving such information from ICE (b) Maintaining such information in [department/office] records (c) Exchanging such information with any other federal, state or local government entity 415.7.1 IMMIGRATION HOLDS Individuals should not be held in custody solely for a civil immigration hold under 8 CFR 287.7 unless the individual (Government Code § 7282; Government Code § 7282.5): (a) Has been convicted of offenses specified in Government Code § 7282.5. (b) Has been charged with offenses specified in Government Code § 7282.5 after a court has determined probable cause supports the charge. (c) Is a sex or arson registrant. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Immigration Violations - 319 Culver City Police Department Policy Manual Immigration Violations In no event should a person be held under this section for longer than 48 hours. Notification to the federal authority should be made prior to the release. 415.7.2 NOTICE TO INDIVIDUALS Individuals shall be given a copy of documentation received from Immigration and Customs Enforcement (ICE) regarding a hold, notification or transfer request along with information as to whether the Culver City Police Department intends to comply with the request (Government Code § 7283.1). If the Culver City Police Department provides ICE with notification that an individual is being, or will be, released on a certain date, the same notification shall be provided in writing to the individual and to his/her attorney or to one additional person who the individual may designate (Government Code § 7283.1). 415.7.3 ICE INTERVIEWS Before any interview regarding civil immigration violations takes place between ICE personnel and an individual in custody, the Culver City Police Department shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary and that he/she may decline to be interviewed or may choose to be interviewed only with his/her attorney present. The consent form must be available in the languages specified in Government Code § 7283.1. 415.8 U VISA AND T VISA NONIMMIGRANT STATUS Under certain circumstances, federal law allows temporary immigration benefits, known as a U visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)). A law enforcement certification for a U visa may be completed by an officer in order for a U visa to be issued. Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (8 USC § 1101(a)(15)(T)). A law enforcement declaration for a T visa may be completed by an officer in order for a T visa to be issued. Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Investigation Bureau supervisor assigned to oversee the handling of any related case. The Investigation Bureau supervisor shall: (a) Consult with the assigned investigator to determine the current status of any related case and whether further documentation is warranted. (b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the certification or declaration has not already been completed and whether a certification or declaration is warranted. (c) Address the request and complete the certification or declaration, if appropriate, in a timely manner. 1. The instructions for completing certification and declaration forms can be found on the U.S. Department of Homeland Security (DHS) website. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Immigration Violations - 320 Culver City Police Department Policy Manual Immigration Violations 2. Form I-918 Supplement B certification shall be completed if the victim qualifies under Penal Code § 679.10 (multiple serious offenses). Form I-914 Supplement B certification shall be completed if the victim qualifies under Penal Code § 236.5 or Penal Code § 679.11 (human trafficking). (d) Ensure that any decision to complete, or not complete, a certification or declaration form is documented in the case file and forwarded to the appropriate prosecutor. Include a copy of any completed form in the case file. (e) Inform the victim liaison of any requests and their status. 415.8.1 TIME FRAMES FOR COMPLETION Officers and their supervisors who are assigned to investigate a case of human trafficking as defined by Penal Code § 236.1 shall complete the above process and the documents needed for a T visa application within 15 business days of the first encounter with the victim, regardless of whether it is requested by the victim (Penal Code § 236.5). Officers and their supervisors shall complete the above process and the documents needed for a U visa or T visa application pursuant to Penal Code § 679.10 and Penal Code § 679.11 within 90 days of a request from the victim or victim’s family related to one of their assigned cases. If the victim is in removal proceedings, the certification shall be processed within 14 days of the request. 415.8.2 REPORTING TO LEGISLATURE The Investigation Bureau supervisor or the authorized designee should ensure that certification requests are reported to the Legislature in January of each year and include the number of certifications signed and the number denied. The report shall comply with Government Code § 9795 (Penal Code § 679.10; Penal Code § 679.11). 415.9 TRAINING The Personnel and Training Lieutenant shall ensure that all appropriate members receive immigration training. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Immigration Violations - 321 Policy Culver City Police Department 416 Policy Manual Emergency Utility Service 416.1 PURPOSE AND SCOPE The City Public Works Department has personnel available to handle emergency calls 24 hours per day. Calls for service during non-business hours are frequently directed to the Police Department. Requests for such service received by this department should be handled in the following manner. 416.1.1 BROKEN WATER LINES ' The City s responsibility ends at the water meter; any break or malfunction in the water system from the water meter to the citizen's residence or business is the customer's responsibility.Public Works can only turn off the valve at the meter. The citizen can normally accomplish this. If a break occurs on the City side of the meter, emergency personnel should be called as soon as practical by Dispatch. 416.1.2 ELECTRICAL LINES City Public Works does not maintain electrical lines to street light poles. When a power line poses a hazard, an officer should be dispatched to protect against personal injury or property damage that might be caused by power lines. The Electric Company or Public Works should be promptly notified, as appropriate. 416.1.3 RESERVOIRS, PUMPS, WELLS, ETC. Public Works maintains the reservoirs and public water equipment, as well as several underpass and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency personnel should be contacted as soon as possible. 416.1.4 EMERGENCY NUMBERS A current list of emergency personnel who are to be called for municipal utility emergencies is maintained by Dispatch. 416.2 TRAFFIC SIGNAL MAINTENANCE The City of Culver City maintains all traffic signals within the City, other than those maintained by the State of California. 416.2.1 OFFICER'S RESPONSIBILITY Upon observing a damaged or malfunctioning signal, the officer will advise the Communications Center of the location and problem with the signal. The dispatcher should make the necessary notification to the proper maintenance agency. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Emergency Utility Service - 322 Policy Culver City Police Department 417 Policy Manual Rifle 417.1 PURPOSE AND SCOPE In order to more effectively and accurately address the increasing level of fire power and body armor utilized by criminal suspects, the Culver City Police Department will make rifles available to qualified officers as an additional and more immediate tactical resource. 417.2 RIFLE 417.2.1 DEFINITION A rifle is an authorized weapon which is owned by the Department and which is made available to properly trained and qualified officers as a supplemental resource to their duty handgun or shotgun. No personally owned rifles may be carried for patrol duty unless preapproved in writing by the Chief of Police. 417.3 SPECIFICATIONS Only weapons, ammunition, and accessories that meet agency authorized specifications and are approved by the Chief of Police may be used by officers in their law enforcement responsibilities. The authorized patrol rifle issued by the Department is the Colt Commando, 5.56 mm. 417.4 RIFLE MAINTENANCE (a) Primary responsibility for maintenance of rifles shall fall on the Rangemaster or armorer who should inspect and service each rifle on a monthly basis. (b) Each officer carrying a patrol rifle may be required to field strip and clean an assigned rifle as needed. (c) All users of the rifles shall be responsible for promptly reporting to a supervisor any damage or malfunction of an assigned rifle. (d) Each rifle shall be subject to inspection by a supervisor, the Rangemaster or Armorer at any time. (e) No modification shall be made to any rifle without prior written authorization from the Chief of Police. 417.5 TRAINING Officers shall not carry or utilize the rifle unless they have successfully completed departmental training. This training shall consist of an initial 16 hour rifle user's course and qualification with a certified rifle instructor. Officers shall thereafter be required to re-qualify biannually under the supervision of a certified rifle instructor. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Rifle - 323 Culver City Police Department Policy Manual Rifle Any officer who fails to qualify or who fails to successfully complete two or more Department sanctioned training/qualification sessions within a calendar year will no longer be authorized to carry the rifle without successfully retaking the initial user's course and qualification. 417.6 DEPLOYMENT OF THE RIFLE Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. The rifle shall not be deployed in full auto mode. Examples of some general guidelines for deploying the rifle may include, but are not limited to: (a) Situations where the officer reasonably anticipates an armed encounter, including high risk vehicle stops (b) Situations involving a suspect armed in a distant or fortified location that affords tactical superiority (c) Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower (d) Situations involving a suspect armed with a shoulder fired weapon (e) When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage (f) When an officer reasonably believes that a suspect may be wearing body armor or shielding material (g) Situations involving tactical operations on a search warrant or other detail (h) When authorized or requested by a supervisor 417.7 DISCHARGE OF THE PATROL RIFLE The discharge of the rifle shall be governed by the Department's Deadly Force Policy, Policy Manual § 300. 417.8 PATROL READY Any qualified officer carrying a rifle in the field shall maintain the weapon in the "patrol ready" until deployed. A rifle is considered "patrol ready" when it has been inspected by the assigned officer and meets the following conditions: (a) The chamber is empty. (b) The rifle bolt is forward and hammer is cocked. (c) The selector is placed of safe. (d) There is a fully loaded (28 rounds) Department magazine in the magazine well. (e) The dust cover is closed. (f) The rifle is stored in the locked patrol vehicle's rifle rack. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Rifle - 324 Culver City Police Department Policy Manual Rifle 417.9 RIFLE STORAGE (a) When not in use, rifles will be stored in the Department armory. (b) At the start of each assigned shift, any qualified, on duty officer may contact the Desk Officer or Watch Commander for access to the Department armory. (c) At the end of the assigned officer's shift, the rifle will be returned and secured in the Department armory. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Rifle - 325 Policy Culver City Police Department 418 Policy Manual Shotgun 418.1 PURPOSE AND SCOPE In order to more effectively and accurately address the increasing level of fire power utilized by criminal suspects, the Culver City Police Department will make shotguns available to qualified officers as an additional and more immediate tactical resource. 418.1.1 SHOTGUN 418.1.2 DEFINITION Shotguns are authorized weapons which are owned by the Department and which are made available to properly trained and qualified officers as a supplemental resource to their duty handgun. No personally owned shotguns may be carried for patrol duty unless pre-approved in writing by the Chief of Police and the department Rangemaster. 418.1.3 SPECIFICATIONS Only weapons and ammunition that meet agency authorized specifications, approved by the Chief of Police, and issued by the Department may be used by officers in their law enforcement responsibilities. The authorized shotgun issued by the Department is the 12 gauge Benelli Super 90. The authorized factory ammunition is 12 gauge 2 3/4" buckshot or 1 ounce slug, approved by the Chief of Police. 418.1.4 SHOTGUN MAINTENANCE (a) Primary responsibility for maintenance of shotguns shall fall on the Rangemaster or armorer who shall inspect and service each shotgun on a regular basis. (b) Each patrol officer shall be responsible for promptly reporting any damage or malfunction of an assigned shotgun. (c) Each shotgun shall be subject to inspection by a supervisor, the Rangemaster or armorer at any time. (d) No modification shall be made to any shotgun without prior written authorization from the Chief of Police. 418.1.5 TRAINING Officers shall not carry or utilize the shotgun unless they have successfully completed departmentally approved training. This training shall consist of an initial user's course and qualification with the department's Rangemaster. Officers shall thereafter be required to successfully complete regular training and qualification conducted by the department's Rangemaster. Any officer who fails to qualify or who fails to successfully complete two or more department sanctioned training/qualification sessions will no longer be authorized to carry the shotgun without successfully retaking the initial shotgun user's course and qualification. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Shotgun - 326 Culver City Police Department Policy Manual Shotgun 418.1.6 DEPLOYMENT OF THE SHOTGUN Officers may deploy the shotgun in any circumstance where the officer can articulate a reasonable expectation that the shotgun may be needed. Examples of some general guidelines for deploying the shotgun may include, but are not limited to: (a) Situations where the officer reasonably anticipates an armed encounter (b) When an officer is faced with a situation that may require the delivery of accurate and effective fire and the suspect is beyond normal handgun range (c) Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower (d) When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect (e) When authorized or requested by a supervisor 418.1.7 DISCHARGE OF THE SHOTGUN The discharge of the shotgun shall be governed by the Department's Deadly Force Policy, Policy Manual § 300. 418.1.8 PATROL READY Any qualified officer carrying a shotgun in the field shall maintain the weapon in a patrol ready condition until deployed. A shotgun is considered in a patrol ready condition when it has been inspected by the assigned officer, the safety is on "fire," the chamber is empty, it is secured and locked in a vehicle gun rack, the magazine tube is loaded with five buckshot shells, and the side saddle is loaded with six slug shells. Officers working a special detail are not required to carry the shotgun in a vehicle gun rack, all other requirements of this section still apply to these officers. 418.1.9 SHOTGUN STORAGE (a) When not in use, shotguns will be stored in the department armory. (b) At the start of each assigned shift, any qualified, on-duty officer may contact the Desk Officer for access to the department armory. (c) A shotgun will only be removed from the armory for use after properly being checked out with the Desk Officer (d) At the end of the assigned officer's shift, the shotgun will be returned and secured in the department armory and checked in with the Desk Officer. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Shotgun - 327 Policy Culver City Police Department 419 Policy Manual Field Training Officer Program 419.1 PURPOSE AND SCOPE The Field Training Officer Program is intended to provide a standardized program to facilitate the officer’s transition from the academic setting to the actual performance of general law enforcement duties of the Culver City Police Department. It is the policy of this department to assign all new police officers to a structured Field Training Officer Program that is designed to prepare the new officer to perform in a patrol assignment, and possessing all skills needed to operate in a safe, productive and professional manner. 419.2 FIELD TRAINING OFFICER - SELECTION AND TRAINING The Field Training Officer (FTO) is an experienced officer trained in the art of supervising, training and evaluating entry level and lateral police officers in the application of their previously acquired knowledge and skills. 419.2.1 SELECTION PROCESS FTO's will be selected based on the following requirements: (a) Desire to be an FTO (b) Minimum of two years of patrol experience, all of which shall be with this department (c) Demonstrated ability as a positive role model (d) Evaluation by supervisors and current FTO's (e) Possess a POST Basic certificate 419.2.2 TRAINING An officer selected as a Field Training Officer shall successfully complete a POST certified (40hour) Field Training Officer’s Course prior to being assigned as an FTO. All FTOs must complete a 24-hour Field Training Officer update course every three years while assigned to the position of FTO (11 CCR 1004). All FTOs must meet any training mandate regarding crisis intervention behavioral health training pursuant to Penal Code § 13515.28. 419.2.3 ASSIGNMENT The Field Training Officer position is a one year assignment that can be modified at the discretion of the Bureau Commander or Chief of Police. 419.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR The FTO Program supervisor should be selected from the rank of sergeant or above by the Operations Bureau Commander or a designee and should possess, or be eligible to receive, a POST Supervisory Certificate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Field Training Officer Program - 328 Culver City Police Department Policy Manual Field Training Officer Program The responsibilities of the FTO Program supervisor include the following: (a) Assignment of trainees to FTOs (b) Conduct FTO meetings (c) Maintain and ensure FTO/trainee performance evaluations are completed (d) Maintain, update and issue the Field Training Manual to each trainee (e) Monitor individual FTO performance (f) Monitor overall FTO Program (g) Maintain liaison with FTO coordinators of other agencies (h) Maintain liaison with academy staff on recruit performance during the academy (i) Develop ongoing training for FTOs The FTO Program supervisor will be required to successfully complete a POST approved Field Training Administrator’s Course within one year of appointment to this position (11 CCR 1004(c)). 419.4 TRAINEE DEFINED Any entry level or lateral police officer newly appointed to the Culver City Police Department who has successfully completed a POST approved Basic Academy. 419.5 REQUIRED TRAINING Entry level officers shall be required to successfully complete the Field Training Program, consisting of a minimum of 10 weeks. The training period for a lateral officer may be modified depending on the trainee’s demonstrated performance and level of experience, but shall consist of a minimum of eight weeks. To the extent practicable, entry level and lateral officers should be assigned to a variety of Field Training Officers, shifts and geographical areas during their Field Training Program. 419.5.1 FIELD TRAINING MANUAL Each new officer will be issued a Field Training Manual at the beginning of his/her Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as an officer with the Culver City Police Department. The officer shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. The Field Training Manual will specifically cover those policies, procedures, rules and regulations adopted by the Culver City Police Department. 419.6 EVALUATIONS Evaluations are an important component of the training process and shall be completed as outlined below. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Field Training Officer Program - 329 Culver City Police Department Policy Manual Field Training Officer Program 419.6.1 FIELD TRAINING OFFICER The FTO will be responsible for the following: (a) Complete and submit a written evaluation on the performance of his/her assigned trainee to the FTO Coordinator on a daily basis. (b) Review the Daily Trainee Performance Evaluations with the trainee each day. (c) Complete a detailed end-of-phase performance evaluation on his/her assigned trainee at the end of each phase of training. (d) Sign off all completed topics contained in the Field Training Manual, noting the method(s) of learning and evaluating the performance of his/her assigned trainee. 419.6.2 IMMEDIATE SUPERVISOR The immediate supervisor shall review and approve the Daily Trainee Performance Evaluations and forward them to the Field Training Administrator. 419.6.3 FIELD TRAINING ADMINISTRATOR The Field Training Administrator will review and approve the Daily Trainee Performance Evaluations submitted by the FTO through his/her immediate supervisor. 419.6.4 TRAINEE At the completion of the Field Training Program, the trainee shall submit a confidential performance evaluation on each of their FTOs and on the Field Training Program. 419.7 DOCUMENTATION All documentation of the Field Training Program will be retained in the officer’s training files and will consist of the following: (a) Daily Trainee Performance Evaluations (b) End of phase evaluations (c) A Certificate of Completion certifying that the trainee has successfully completed the required number of hours of field training Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Field Training Officer Program - 330 Policy Culver City Police Department 420 Policy Manual Obtaining Air Support 420.1 PURPOSE AND SCOPE The use of a police helicopter can be invaluable in certain situations. This policy specifies potential situations where the use of a helicopter may be requested and the responsibilities for making a request. 420.2 REQUEST FOR HELICOPTER ASSISTANCE If a supervisor or officer in charge of an incident determines that the use of a helicopter would be beneficial, a request to obtain helicopter assistance may be made. 420.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY After consideration and approval of the request for a helicopter, the Watch Commander, or his/her designee, will call the Los Angeles Police Department, Los Angeles County Sheriff's Department, or the closet agency with an available helicopter. The Watch Commander on duty or his/her designee will apprise that agency of the specific details of the incident prompting the request. When the helicopter arrives, the supervisor in charge of the incident, or his or her designee, will make contact with the helicopter crew by radio and provide them with all the relevant information needed to fulfill the objective. 420.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED Police helicopters may be requested under any of the following conditions: (a) When the helicopter is activated under existing mutual aid agreements (b) Whenever the safety of law enforcement personnel is in jeopardy and the presence of the helicopters may reduce such hazard (c) When the use of the helicopters will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to the community (d) When a helicopter is needed to locate a person who has strayed or is lost and whose continued absence constitutes a serious health or safety hazard (e) Vehicle pursuits While it is recognized that the availability of helicopter support will generally provide valuable assistance to ground personnel, the presence of a helicopter will rarely replace the need for officers on the ground. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Obtaining Air Support - 331 Policy Culver City Police Department 421 Policy Manual Detentions And Photographing Detainees 421.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for conducting field interviews (FI) and patdown searches, and the taking and retention of photographs of persons detained in the field but not arrested. Due to a variety of situations confronting the officer, the decision to FI or photograph a field detainee shall be left to the discretion of the involved officer based on the totality of the circumstances available to them at the time of the detention. 421.1.1 CONSENSUAL ENCOUNTERS Nothing in this policy is intended to discourage consensual contacts. Frequent and random casual contacts with consenting individuals are encouraged by the Culver City Police Department to strengthen our community involvement, community awareness and problem identification. 421.2 DEFINITIONS Detention - Occurs when an officer intentionally, through words, actions or physical force causes an individual to reasonably believe he/she is being required to restrict his/her movement. Detentions also occur when an officer actually restrains a person’s freedom of movement. Consensual Encounter - Occurs when an officer contacts an individual but does not create a detention through words, actions or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary. Field Interview - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. Field Photographs - Field photographs are defined as posed photographs taken of a person during a contact, detention, or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio Video (MAV) system when persons are not posed for the purpose of photographing are not considered field photographs. Pat-Down Search - This type of search is used by officers in the field to check an individual for weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee, or others. Reasonable Suspicion - Occurs when, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity. 421.3 FIELD INTERVIEWS Officers may stop individuals for the purpose of conducting an FI where reasonable suspicion is present. In justifying the stop, the officer should be able to point to specific facts which, when Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Detentions And Photographing Detainees 332 Culver City Police Department Policy Manual Detentions And Photographing Detainees taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to, the following: (a) The appearance or demeanor of an individual suggests that he/she is part of a criminal enterprise or is engaged in a criminal act. (b) The actions of the suspect suggest that he/she is engaged in a criminal activity. (c) The hour of day or night is inappropriate for the suspect's presence in the area. (d) The suspect's presence in the particular area is suspicious. (e) The suspect is carrying a suspicious object. (f) The suspect's clothing bulges in a manner that suggests he/she is carrying a weapon. (g) The suspect is located in proximate time and place to an alleged crime. (h) The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 421.3.1 INITIATING A FIELD INTERVIEW An officer may initiate the stop of a person when there is articulable, reasonable suspicion to do so. A person however, should not be detained longer than is reasonably necessary to resolve the officer’s suspicions. Nothing in this policy is intended to discourage consensual contacts. Frequent and random casual contacts with consenting individuals are encouraged by the Culver City Police Department to strengthen our community involvement, community awareness and problem identification. 421.3.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an incident may become unavailable or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor and/or criminal investigators to utilize available personnel for the following: (a) (b) Identify all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department personnel. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Detentions And Photographing Detainees 333 Culver City Police Department Policy Manual Detentions And Photographing Detainees 1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. 421.4 PAT-DOWN SEARCHES A pat-down search of a detained subject may be conducted whenever an officer reasonably believes that the person may possess an object that can be utilized as an offensive weapon or whenever the officer has a reasonable fear for his/her own safety or the safety of others. Circumstances that may establish justification for performing a pat-down search include, but are not limited to the following: (a) The type of crime suspected, particularly in crimes of violence where the use or threat of deadly weapons is involved. (b) Where more than one suspect must be handled by a single officer. (c) The hour of the day and the location or neighborhood where the stop takes place. (d) Prior knowledge of the suspect's use of force and/or propensity to carry deadly weapons. (e) The appearance and demeanor of the suspect. (f) Visual indications which suggest that the suspect is carrying a firearm or other weapon. (g) The age and gender of the suspect. Whenever possible, pat-down searches should be performed by officers of the same gender. 421.5 FIELD PHOTOGRAPHS Before photographing any field detainee, the officer shall carefully consider, among other things, the factors listed below. 421.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject of the photograph knowingly and voluntarily gives consent. The fact that a consensual photograph was taken of a subject in the field should be documented by the officer either on a field interview card or in the related crime/arrest report. 421.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT Field photographs may be taken without consent only if they are taken during a detention that is based upon reasonable suspicion of criminal activity, and the photograph serves a legitimate law enforcement purpose related to the detention. Mere knowledge or suspicion of gang membership or affiliation is not a sufficient justification for taking a photograph without consent. The officer must be able to articulate facts that reasonably indicate that the subject was involved in or was about to become involved in criminal conduct. If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Detentions And Photographing Detainees 334 Culver City Police Department Policy Manual Detentions And Photographing Detainees All field photographs and related reports shall be retained on department networks in compliance with this policy. 421.6 SUPERVISOR RESPONSIBILITY While it is recognized that field photographs often become valuable investigative tools, supervisors should monitor such practices in view of the above listed considerations. This is not to imply that supervisor approval is required before each photograph. Access to field photographs shall be strictly limited to law enforcement purposes. 421.7 DISPOSITION OF PHOTOGRAPHS If an individual is photographed as a suspect in a particular crime, the photograph should be submitted as an evidence item in the related case, following standard evidence procedures. If a photograph is not associated with an investigation where a case number has been issued, it should be forward to one of the following locations: (a) If the photo and associated FI is relevant to criminal street gang enforcement, the officers will forward the photo and documents to the Gang Intelligence Unit (GIU). The GIUSupervisor will ensure the photograph and supporting documents are retained as prescribed by Policy § 442. (b) Photographs that do not qualify for Criminal Street Gang file retention or which are not evidence in an investigation with an assigned case number should be forwarded to the Forensics Section. When a photograph is taken in association with a particular case, the detective may use such photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part of the case file. All other photographs will be kept in the Forensics Section in a separate nonbooking photograph file. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Detentions And Photographing Detainees 335 Policy Culver City Police Department 422 Policy Manual Criminal Organizations 422.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the Culver City Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 422.1.1 DEFINITIONS Definitions related to this policy include: Criminal intelligence system - Any record system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates. This does not include temporary information files. 422.2 POLICY The Culver City Police Department recognizes that certain criminal activities, including but not limited to gang crimes and drug trafficking, often involve some degree of regular coordination and may involve a large number of participants over a broad geographical area. It is the policy of this department to collect and share relevant information while respecting the privacy and legal rights of the public. 422.3 CRIMINAL INTELLIGENCE SYSTEMS No department member may create, submit to or obtain information from a criminal intelligence system unless the Chief of Police has approved the system for department use. Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20. A designated supervisor will be responsible for maintaining each criminal intelligence system that has been approved for department use. The supervisor or the authorized designee should ensure the following: (a) Members using any such system are appropriately selected and trained. (b) Use of every criminal intelligence system is appropriately reviewed and audited. (c) Any system security issues are reasonably addressed. 422.3.1 SYSTEM ENTRIES It is the designated supervisor’s responsibility to approve the entry of any information from a report, FI, photo or other relevant document into an authorized criminal intelligence system. If entries are made based upon information that is not on file with this department, such as open or public source documents or documents that are on file at another agency, the designated supervisor should ensure copies of those documents are retained by the Records Section. Any Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Criminal Organizations - 336 Culver City Police Department Policy Manual Criminal Organizations supporting documentation for an entry shall be retained by the Records Section in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system. The designated supervisor should ensure that any documents retained by the Records Section are appropriately marked as intelligence information. The Records Manager may not purge such documents without the approval of the designated supervisor. 422.3.2 GANG DATABASES The Chief of Police may approve participation by the gang unit in a shared criminal gang intelligence database, such as CALGANG®. Members must obtain the requisite training before accessing any such database. It is the gang unit supervisor’s responsibility to determine whether any report or field interrogation (FI) contains information that would qualify for entry into the database. Prior to designating any person as a suspected gang member, associate or affiliate in a shared gang database; or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database; or otherwise identifying the person in a shared gang database, the gang unit supervisor shall provide written notice to the person and, if the person is under the age of 18, to his/her parent or guardian of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of a minor. Notice shall also describe the process to contest the designation (Penal Code § 186.34). The person or his/her parent or guardian may contest the designation by submitting written documentation which shall be reviewed by the gang unit supervisor. If it is determined that the person is not a suspected gang member, associate or affiliate, the person shall be removed from the database. The person and the parent or guardian shall be provided written verification of the department decision within 30 days of receipt of the written documentation contesting the designation and shall include the reason for a denial when applicable (Penal Code § 186.34). The department shall also provide a response to a person or his/her attorney who requests information as to whether the person has been designated as a suspected gang member, associate or affiliate in a shared gang database and what law enforcement agency made the designation. The request may also come from a guardian or parent if the person is under 18 years old. If the Culver City Police Department made the designation and the person requests to know the basis for including him/her in the database, the basis for inclusion shall be provided in the response. The information shall be provided unless doing so would compromise an active criminal investigation or the health or safety of the minor. The response by the Department shall be provided in writing within 30 days of the receipt of the request (Penal Code § 186.34). The gang unit supervisor should forward reports or FIs to the Records Section after appropriate database entries are made. The supervisor should clearly mark the report/FI as gang intelligence information. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Criminal Organizations - 337 Culver City Police Department Policy Manual Criminal Organizations It is the responsibility of the Records Section supervisor to retain reports and FIs in compliance with the database rules and any applicable end user agreement. 422.3.3 REPORT TO THE CALIFORNIA DEPARTMENT OF JUSTICE The Administration and Investigation Bureau Commander or the authorized designee shall ensure that the annual report of information submitted to a shared gang database as required by Penal Code § 186.34 is submitted to the California Department of Justice. 422.4 TEMPORARY INFORMATION FILE No member may create or keep files on individuals that are separate from the approved criminal intelligence system. However, members may maintain temporary information that is necessary to actively investigate whether a person or group qualifies for entry into the department-approved CIS only as provided in this section. Once information qualifies for inclusion, it should be submitted to the supervisor responsible for consideration of CIS entries. 422.4.1 FILE REVIEW AND PURGING The contents of a temporary information file shall not be retained longer than one year. At the end of one year, the contents must be purged or entered in an authorized criminal intelligence system, as applicable. The designated supervisor shall periodically review the temporary information files to verify that the contents meet the criteria for retention. Validation and purging of files is the responsibility of the supervisor. 422.5 INFORMATION RECOGNITION Department members should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to: (a) Gang indicia associated with a person or residence. (b) Information related to a drug-trafficking operation. (c) Vandalism indicating an animus for a particular group. (d) Information related to an illegal gambling operation. Department supervisors who utilize an authorized criminal intelligence system should work with the Personnel and Training Lieutenant to train members to identify information that may be particularly relevant for inclusion. 422.6 RELEASE OF INFORMATION Department members shall comply with the rules of an authorized criminal intelligence system regarding inquiries and release of information. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Criminal Organizations - 338 Culver City Police Department Policy Manual Criminal Organizations Information from a temporary information file may only be furnished to department members and other law enforcement agencies on a need-to-know basis and consistent with the Records Maintenance and Release Policy. When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile’s name is in a temporary information file, such information should be provided by the supervisor responsible for the temporary information file, unless there is good cause to believe that the release of such information might jeopardize an ongoing criminal investigation. 422.7 CRIMINAL STREET GANGS The Investigation Bureau supervisor should ensure that there are an appropriate number of department members who can: (a) Testify as experts on matters related to criminal street gangs, and maintain an above average familiarity with: 1. Any organization, associate or group of three or more persons that meets the definition of a criminal street gang under Penal Code § 186.22(f). 2. Identification of a person as a criminal street gang member and criminal street gangrelated crimes. 3. The California Street Terrorism Enforcement and Prevention Act (Penal Code § 186.21 et seq.), associated crimes and what defines a criminal street gang (Penal Code § 186.22). (b) Coordinate with other agencies in the region regarding criminal street gang-related crimes and information. (c) Train other members to identify gang indicia and investigate criminal street gang-related crimes. 422.8 TRAINING The Personnel and Training Lieutenant should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include: (a) The protection of civil liberties. (b) Participation in a multiagency criminal intelligence system. (c) Submission of information into a multiagency criminal intelligence system or the receipt of information from such a system, including any governing federal and state rules and statutes. (d) The type of information appropriate for entry into a criminal intelligence system or temporary information file. (e) The review and purging of temporary information files. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Criminal Organizations - 339 Policy Culver City Police Department 423 Policy Manual Watch Commanders 423.1 PURPOSE AND SCOPE Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with departmental policies, procedures, practices, functions and objectives. To accomplish this goal, a Lieutenant heads each watch. 423.2 DESIGNATION AS ACTING WATCH COMMANDER When a Lieutenant is unavailable for duty as Watch Commander, a sergeant shall be designated as the Watch Commander. This policy does not preclude designating a less senior sergeant as an acting Watch Commander when operational needs require or training permits. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Watch Commanders - 340 Policy Culver City Police Department 424 Policy Manual Mobile Digital Computer Use 424.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper access, use and application of the Mobile Digital Computer (MDC) system in order to ensure appropriate access to confidential records from local, state and national law enforcement databases, and to ensure effective electronic communications between department members and Dispatch. 424.2 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to messages accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance). 424.3 POLICY Culver City Police Department members using the MDC shall comply with all appropriate federal and state rules and regulations and shall use the MDC in a professional manner, in accordance with this policy. 424.4 RESTRICTED ACCESS AND USE MDC use is subject to the Information Technology Use and Protected Information policies. Members shall not access the MDC system if they have not received prior authorization and the required training. Members shall immediately report unauthorized access or use of the MDC by another member to their supervisors or Watch Commanders. Use of the MDC system to access law enforcement databases or transmit messages is restricted to official activities, business-related tasks and communications that are directly related to the business, administration or practices of the Department. In the event that a member has questions about sending a particular message or accessing a particular database, the member should seek prior approval from his/her supervisor. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the MDC system is prohibited and may result in discipline. It is a violation of this policy to transmit a message or access a law enforcement database under another member’s name or to use the password of another member to log in to the MDC system unless directed to do so by a supervisor. Members are required to log off the MDC or secure the MDC when it is unattended. This added security measure will minimize the potential for unauthorized access or misuse. 424.4.1 USE WHILE DRIVING Use of the MDC by the vehicle operator should be limited to times when the vehicle is stopped. Information that is required for immediate enforcement, investigative, tactical or safety needs should be transmitted over the radio. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Digital Computer Use - 341 Culver City Police Department Policy Manual Mobile Digital Computer Use Short transmissions, such as a license plate check, are permitted if it reasonably appears that it can be done safely. In no case shall an operator attempt to send or review lengthy messages while the vehicle is in motion. 424.5 DOCUMENTATION OF ACTIVITY Except as otherwise directed by the Watch Commander or other department-established protocol, all calls for service assigned by a [dispatcher should be communicated by voice over the police radio and electronically via the MDC unless security or confidentiality prevents such broadcasting. MDC and voice transmissions are used to document the member's daily activity. To ensure accuracy: (a) All contacts or activity should be documented at the time of the contact. (b) Whenever the activity or contact is initiated by voice, it should be documented by a [dispatcher. (c) Whenever the activity or contact is not initiated by voice, the member should document it via the MDC. 424.5.1 STATUS CHANGES All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over the police radio or through the MDC system. Members responding to in-progress calls should advise changes in status over the radio to assist other members responding to the same incident. Other changes in status can be made on the MDC. 424.5.2 EMERGENCY ACTIVATION If there is an emergency activation and the member does not respond to a request for confirmation of the need for emergency assistance or confirms the need, available resources will be sent to assist in locating the member. If the location is known, the nearest available officer should respond in accordance with the Officer Response to Calls Policy. Members should ensure a field supervisor and the Watch Commander are notified of the incident without delay. Officers not responding to the emergency shall refrain from transmitting on the police radio until a no-further-assistance broadcast is made or if they are also handling an emergency. 424.6 EQUIPMENT CONSIDERATIONS 424.6.1 MALFUNCTIONING MDC Whenever possible, members will not use vehicles with malfunctioning MDCs. Whenever members must drive a vehicle in which the MDC is not working, they shall notify Dispatch. It shall be the responsibility of the [dispatcher to document all information that will then be transmitted verbally over the police radio. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Digital Computer Use - 342 Culver City Police Department Policy Manual Mobile Digital Computer Use 424.6.2 BOMB CALLS When investigating reports of possible bombs, members should not communicate on their MDCs when in the evacuation area of a suspected explosive device. Radio frequency emitted by the MDC could cause some devices to detonate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Digital Computer Use - 343 Policy Culver City Police Department 425 Policy Manual Portable Audio/Video Recorders 425.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this department while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body-worn, hand held or integrated into portable equipment. This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any Culver City Police Department facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices). 425.2 ACTIVATION OF THE AUDIO RECORDER Penal Code § 632 prohibits any individual from surreptitiously recording any conversation in which any party to the conversation has a reasonable belief that the conversation was private or confidential, however Penal Code § 633 expressly exempts law enforcement from this prohibition during the course of a criminal investigation. (a) Unless otherwise exempted, no member of this department may surreptitiously record (audio or video) a conversation of any other member of this department without the expressed knowledge and consent of all parties. Nothing in this section is intended to interfere with an officer's right to openly record any interrogation pursuant to Government Code § 3303(g). (b) Any member of this department may surreptitiously record (audio or video) any conversation during the course of a criminal investigation in which the officer reasonably believes that such a recording will be beneficial to the investigation. 1. For the purpose of this policy, any officer contacting an individual suspected of violating any law or during the course of any official law enforcement related activity shall be presumed to be engaged in a criminal investigation. This presumption shall not apply to contacts with other employees conducted solely for administrative purposes. (c) Members of the Department should activate their recorders and or camcorders any time the officer reasonably believes that an on-duty contact with a member of the public may involve an actual or potential violation of the law. Officers should also activate thier recorders any time the officer feels that the recorded contact may be of benefit in a non-criminal matter (e.g., hostile contact). 1. At no time should an officer jeopardize his/her safety in order to activate a recorder or camcorder, or change the recording media. 2. Officers are prohibited from utilizing department recorders and recording media for personal use. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Portable Audio/Video Recorders - 344 Culver City Police Department Policy Manual Portable Audio/Video Recorders 425.3 MEMBER PRIVACY EXPECTATION All recordings made by members on any department-issued device at any time, and any recording made while acting in an official capacity for this department, regardless of ownership of the device it was made on, shall remain the property of the Department. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 425.3.1 NON-CRIMINAL MATTER At any time that an officer reasonably believes that a recorded contact may be of benefit in a noncriminal matter (e.g., a hostile contact), the recorded media shall be forwarded to the Professional Standards Unit via the chain of command. (a) Under such circumstances, the officer shall notify a supervisor of the existence of the recording as soon as practicable. (b) Recorded media which has been forwarded to PSU shall be retained for a period of no less than 2 years or until the related matter has been closed (e.g., internal investigation, civil litigation). 425.4 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/ she is equipped with a portable recorder issued by the Department, and that the recorder is in good working order. If the recorder is not in working order or the member becomes aware of a malfunction at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever reasonably practicable. Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. When using a portable recorder, the assigned member shall record his/her name, CCPD identification number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members should include the reason for deactivation. 425.4.1 SUPERVISOR RESPONSIBILITIES Supervisors should take custody of a portable audio/video recording device as soon as practicable when the device may have captured an incident involving the use of force, an officer-involved Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Portable Audio/Video Recorders - 345 Culver City Police Department Policy Manual Portable Audio/Video Recorders shooting or death or other serious incident, and ensure the data is downloaded (Penal Code § 832.18). 425.5 COORDINATOR The Chief of Police or the authorized designee shall appoint a member of the Department to coordinate the use and maintenance of portable audio/video recording devices and the storage of recordings, including (Penal Code § 832.18): (a) Establishing a system for downloading, storing and security of recordings. (b) Designating persons responsible for downloading recorded data. (c) Establishing a maintenance system to ensure availability of operable portable audio/video recording devices. (d) Establishing a system for tagging and categorizing data according to the type of incident captured. (e) Establishing a system to prevent tampering, deleting and copying recordings and ensure chain of custody integrity. (f) Working with counsel to ensure an appropriate retention schedule is being applied to recordings and associated documentation. (g) Maintaining logs of access and deletions of recordings. 425.6 RETENTION OF RECORDINGS Recordings of the following should be retained for a minimum of two years (Penal Code § 832.18): (a) Incident involving use of force by an officer (b) Officer-involved shootings (c) Incidents that lead to the detention or arrest of an individual (d) Recordings relevant to a formal or informal complaint against an officer or the Culver City Police Department Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (Penal Code § 832.18). All other recordings should be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 180 days. Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18). 425.6.1 RELEASE OF AUDIO/VIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Portable Audio/Video Recorders - 346 Policy Culver City Police Department 426 Policy Manual Medical Marijuana 426.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this department with guidelines for investigating the acquisition, possession, transportation, delivery, production or use of marijuana under California’s medical marijuana laws. 426.1.1 DEFINITIONS Definitions related to this policy include: Cardholder - A person issued a current identification card. Compassionate Use Act (CUA) (Health and Safety § 11362.5) - California law intended to provide protection from prosecution to those who are seriously ill and whose health would benefit from the use of marijuana in the treatment of illness for which marijuana provides relief. The CUA does not grant immunity from arrest but rather provides an affirmative defense from prosecution for possession of medical marijuana. Identification card - A valid document issued by the State Department of Public Health to both persons authorized to engage in the medical use of marijuana and also to designated primary caregivers. Medical marijuana - Marijuana possessed by a patient or primary caregiver for legitimate medical purposes. Medical Marijuana Program (MMP) (Health and Safety § 11362.7 et seq.) - California laws passed following the CUA to facilitate the prompt identification of patients and their designated primary caregivers in order to avoid unnecessary arrests and provide needed guidance to law enforcement officers. MMP prohibits arrest for possession of medical marijuana in certain circumstances and provides a defense in others. Patient - A person who is entitled to the protections of the CUA because he/she has received a written or oral recommendation or approval from a physician to use marijuana for medical purposes or any person issued a valid identification card. Primary caregiver - A person designated by the patient, who has consistently assumed responsibility for the patient’s housing, health or safety, who may assist the patient with the medical use of marijuana under the CUA or the MMP (Health and Safety Code § 11362.5; Health and Safety Code § 11362.7). Statutory amount - No more than eight ounces of dried, mature, processed female marijuana flowers (“bud”) or the plant conversion (e.g., kief, hash, hash oil), and no more than six mature or 12 immature marijuana plants (roots, stems and stem fibers should not be considered). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Marijuana - 347 Culver City Police Department Policy Manual Medical Marijuana 426.2 POLICY It is the policy of the Culver City Police Department to prioritize resources to forgo making arrests related to marijuana that the arresting officer reasonably believes would not be prosecuted by state or federal authorities. California’s medical marijuana laws are intended to provide protection to those who are seriously ill and whose health would benefit from the use of medical marijuana. However, California medical marijuana laws do not affect federal laws and there is no medical exception under federal law for the possession or distribution of marijuana. The Culver City Police Department will exercise discretion to ensure laws are appropriately enforced without unreasonably burdening both those individuals protected under California law and public resources. 426.3 INVESTIGATION Investigations involving the possession, delivery, production or use of marijuana generally fall into one of several categories: (a) Investigations when no person makes a medicinal claim. (b) Investigations when a medicinal claim is made by a cardholder. (c) Investigations when a medicinal claim is made by a non-cardholder. 426.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM In any investigation involving the possession, delivery, production or use of marijuana or drug paraphernalia where no person claims that the marijuana is used for medicinal purposes, the officer should proceed with a criminal investigation if the amount is greater than permitted for personal use under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1; Health and Safety Code § 11362.2). A medicinal defense may be raised at any time, so officers should document any statements and observations that may be relevant to whether the marijuana was possessed or produced for medicinal purposes. 426.3.2 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A CARDHOLDER A cardholder or designated primary caregiver in possession of an identification card shall not be arrested for possession, transportation, delivery or cultivation of medical marijuana at or below the statutory amount unless there is reasonable cause to believe that (Health and Safety Code § 11362.71; Health and Safety Code § 11362.78): (a) The information contained in the card is false or falsified. (b) The card has been obtained or used by means of fraud. (c) The person is otherwise in violation of the provisions of the MMP. (d) The person possesses marijuana but not for personal medical purposes. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Marijuana - 348 Culver City Police Department Policy Manual Medical Marijuana Officers who reasonably believe that a person who does not have an identification card in his/her possession has been issued an identification card may treat the investigation as if the person had the card in his/her possession. Cardholders may possess, transport, deliver or cultivate medical marijuana in amounts above the statutory amount if their doctor has concluded that the statutory amount does not meet the patient’s medical needs (Health and Safety Code § 11362.71; Health and Safety Code § 11362.77). Investigations involving cardholders with more than the statutory amount of marijuana should be addressed as provided in this policy for a case involving a medicinal claim made by a non-cardholder. 426.3.3 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A NONCARDHOLDER No patient or primary caregiver should be arrested for possession or cultivation of an amount of medical marijuana if the officer reasonably believes that marijuana is in a form and amount reasonably related to the qualified patient's current medical needs (Health and Safety Code § 11362.5). This arrest guidance also applies to sales, transportation or, delivery of medical marijuana, or maintaining/renting a drug house or building that may be a nuisance if otherwise in compliance with MMP (Health and Safety Code § 11362.765). Officers are not obligated to accept a person’s claim of having a physician’s recommendation when the claim cannot be readily verified with the physician but are expected to use their judgment to assess the validity of the person’s medical-use claim. Officers should review any available written documentation for validity and whether it contains the recommending physician’s name, telephone number, address and medical license number for verification. Officers should generally accept verified recommendations by a physician that statutory amounts do not meet the patient’s needs (Health and Safety Code § 11362.77). 426.3.4 ADDITIONAL CONSIDERATIONS Officers should consider the following when investigating an incident involving marijuana possession, delivery, production or use: (a) Because enforcement of medical marijuana laws can be complex, time consuming and call for resources unavailable at the time of initial investigation, officers may consider submitting a report to the prosecutor for review, in lieu of making an arrest. This can be particularly appropriate when: 1. The suspect has been identified and can be easily located at a later time. 2. The case would benefit from review by a person with expertise in medical marijuana investigations. 3. Sufficient evidence, such as photographs or samples, has been lawfully obtained. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Marijuana - 349 Culver City Police Department Policy Manual Medical Marijuana 4. (b) Other relevant factors, such as available department resources and time constraints prohibit making an immediate arrest. Whenever the initial investigation reveals an amount of marijuana greater than the statutory amount, officers should consider the following when determining whether the form and amount is reasonably related to the patient’s needs: 1. The amount of marijuana recommended by a medical professional to be ingested. 2. The quality of the marijuana. 3. The method of ingestion (e.g., smoking, eating, nebulizer). 4. The timing of the possession in relation to a harvest (patient may be storing marijuana). 5. Whether the marijuana is being cultivated indoors or outdoors, the climate, etc. (c) Before proceeding with enforcement related to collective gardens or dispensaries, officers should consider conferring with a supervisor, an applicable state regulatory agency or other member with special knowledge in this area and/or appropriate legal counsel (Business and Professions Code § 26010; Business and Professions Code § 26060). Licensing, zoning and other related issues can be complex. Patients, primary caregivers and cardholders who collectively or cooperatively cultivate marijuana for medical purposes are provided a defense under MMP (Health & Safety Code § 11362.775; Business and Professions Code § 19320 et seq.). (d) Investigating members should not order a patient to destroy marijuana plants under threat of arrest. 426.3.5 EXCEPTIONS This policy does not apply to, and officers should consider taking enforcement action for the following: (a) Persons who engage in illegal conduct that endangers others, such as driving under the influence of marijuana in violation of the Vehicle Code (Health and Safety Code § 11362.5). (b) Marijuana possession in jails or other correctional facilities that prohibit such possession (Health and Safety Code § 11362.785). (c) Smoking marijuana (Health and Safety Code § 11362.79): 1. In any place where smoking is prohibited by law. 2. In or within 1,000 feet of the grounds of a school, recreation center or youth center, unless the medical use occurs within a residence. 3. On a school bus. 4. While in a motor vehicle that is being operated. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Marijuana - 350 Culver City Police Department Policy Manual Medical Marijuana 5. (d) While operating a boat. Use of marijuana by a person on probation or parole, or on bail and use is prohibited by the terms of release (Health and Safety Code § 11362.795). 426.3.6 INVESTIGATIONS INVOLVING A STATE LICENSEE No person issued a state license under the Business and Professions Code shall be arrested or cited for cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution or sale of medical cannabis or a medical cannabis product related to qualifying patients and primary caregivers when conducted lawfully. Whether conduct is lawful may involve questions of license classifications, local ordinances, specific requirements of the Business and Professions Code and adopted regulations. Officers should consider conferring with a supervisor, the applicable state agency or other member with special knowledge in this area and/ or appropriate legal counsel before taking enforcement action against a licensee or an employee or agent (Business and Professions Code § 19317; Business and Professions Code § 19319). 426.4 FEDERAL LAW ENFORCEMENT Officers should provide information regarding a marijuana investigation to federal law enforcement authorities when it is requested by federal law enforcement authorities or whenever the officer believes those authorities would have a particular interest in the information. 426.5 FORENSIC AND EVIDENCE SECTION SUPERVISOR RESPONSIBILITIES The Forensic and Evidence Section Supervisor should ensure that marijuana, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical marijuana is not destroyed pending any charges and without a court order. The Forensic and Evidence Section Supervisor is not responsible for caring for live marijuana plants. Upon the prosecutor’s decision to forgo prosecution, or the dismissal of charges or an acquittal, the Forensic and Evidence Section Supervisor should, as soon as practicable, return to the person from whom it was seized any useable medical marijuana, plants, drug paraphernalia or other related property. The Forensic and Evidence Section Supervisor may release marijuana to federal law enforcement authorities upon presentation of a valid court order or by a written order of the Investigation Bureau Supervisor. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Marijuana - 351 Policy Culver City Police Department 427 Policy Manual Bicycle Patrol Unit 427.1 PURPOSE AND SCOPE The Culver City Police Department has established the Bicycle Patrol Unit (BPU) for the purpose of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an effective way to increase officer visibility and their quiet operation can provide a tactical approach to crimes in progress. The purpose of this policy is to provide guidelines for the safe and effective operation of the patrol bicycle. 427.2 POLICY Bicycles may be deployed to any area at all hours of the day or night, according to Department needs . Requests for specific deployment of bicycle patrol officers shall be coordinated through the Operations Bureau Commander or the Bicycle Patrol Lieutenant 427.3 TRAINING Participants in the program must complete a Department approved bicycle-training course before being assigned a bicycle patrol detail. Thereafter bicycle patrol officers should receive training as needed to maintain skills and refresh safety, health and operational procedures, or at the direction of the Bicycle Patrol Sergeant. The training shall minimally include the following: • Bicycle patrol strategies. • Bicycle safety and accident prevention. • Operational tactics using bicycles. If assigned to a detail in which an officer rides a bicycle, he/she may be required to qualify with their duty firearm while wearing bicycle safety equipment including the helmet and riding gloves. 427.4 UNIFORMS AND EQUIPMENT Officers should wear the department-approved uniform and safety equipment while operating the department bicycle. Safety equipment includes department-approved helmet, riding gloves, protective eyewear and black athletic shoes without a contrasting manufacturer's logo. The bicycle patrol unit uniform consists of the standard short or long sleeve (Crime Impact Team) POLICE polo shirt , and black bicycle patrol pants or shorts. Helmets will be made available by the department, or, at their own expense, Officers may purchase their own helmet for use while assigned to bicycle patrol duties. This helmet will be similar to the helmets maintained by the department and shall be black in color with 1/2" block capital letering on Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Bicycle Patrol Unit - 352 Culver City Police Department Policy Manual Bicycle Patrol Unit each side reading "POLICE." Helmets will be available through an approved department vendor. Officers should obtain approval from the Bicycle Patrol Sergeant prior to ordering a helmet for use while on duty. Optional equipment includes a radio head set and microphone, and jackets in colder weather. Turtleneck shirts are permitted only when a long-sleeved uniform shirt is worn. Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would on a regular patrol assignment. Officers will be responsible for obtaining the necessary forms, citation books and other department equipment needed while on bicycle patrol. 427.5 CARE AND USE OF PATROL BICYCLES Officers participating in bicycle patrol details will use a department-owned, specially marked and equipped patrol bicycle. If needed, the bicycle may be equipped with an attached gear bag. Bicycles utilized for uniformed bicycle patrol shall be primarily black or white with a "POLICE" decal affixed to each side of the crossbar and the bike's saddlebag. Every such bicycle shall be equipped with front and rear reflectors front lights and a siren/horn satisfying the requirements of Vehicle Code §2800.1(b). Bicycles utilized for uniformed bicycle patrol may be equipped with a rear rack and/or saddle bag(s) sufficient to carry all necessary equipment to handle the assigned detail. Each bicycle may be equipped with a steady or flashing blue warning light that is visible from the front, sides, or rear of the bicycle. (Vehicle Code § 21201.3) Bicycle officers shall conduct an inspection of the bicycle and equipment prior to use to insure proper working order of the equipment. Officers are responsible for the routine care and maintenance of their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning). If a needed repair is beyond the ability of the bicycle officer, the officer will notify the Bicycle Patrol Sergeant. The Bicycle Patrol Sergeant will be responsible for arranging maintenance and repairs on the department bicycles at a department approved repair shop. At the end of a bicycle assignment, the bicycle shall be returned clean and in good working order for the next assignment. Officers shall not modify the patrol bicycle, remove, modify or add components except with the approval of the Bicycle Patrol Sergeant, or in the event of an emergency. Vehicle bicycle racks are available should the officer need to transport the patrol bicycle. Due to possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car pushbumper is discouraged. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Bicycle Patrol Unit - 353 Culver City Police Department Policy Manual Bicycle Patrol Unit Bicycles should be properly secured when not in the officer's immediate presence. 427.6 OFFICER RESPONSIBILITY Officers shall operate the bicycle in compliance with the vehicle code under normal operation. Officers may operate the bicycle without lighting equipment during hours of darkness when such operation reasonably appears necessary for officer safety and tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Bicycle Patrol Unit - 354 Policy Culver City Police Department 428 Policy Manual Foot Pursuits 428.1 PURPOSE AND SCOPE This policy provides guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot. 428.1.1 POLICY It is the policy of this department when deciding to initiate or continue a foot pursuit that officers must continuously balance the objective of apprehending the suspect with the risk and potential for injury to department personnel, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. The safety of department personnel and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is not always more important than the safety of the public and department personnel. 428.2 DECISION TO PURSUE The safety of department members and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and department members. Officers may be justified in initiating a foot pursuit of any individual the officer reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time. Mere flight by a person who is not suspected of criminal activity shall not serve as justification for engaging in an extended foot pursuit without the development of reasonable suspicion regarding the individual’s involvement in criminal activity or being wanted by law enforcement. Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits may place department members and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved. If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an officer should continuously consider reasonable alternatives to a foot pursuit based upon the circumstances and resources available, such as: (a) Containment of the area. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Foot Pursuits - 355 Culver City Police Department Policy Manual Foot Pursuits (b) Saturation of the area with law enforcement personnel, including assistance from other agencies. (c) A canine search. (d) Thermal imaging or other sensing technology. (e) Air support. (f) Apprehension at another time when the identity of the suspect is known or there is information available that would likely allow for later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the foot pursuit. 428.3 GENERAL GUIDELINES When reasonably practicable, officers should consider alternatives to engaging in or continuing a foot pursuit when: (a) Directed by a supervisor to terminate the foot pursuit; such an order shall be considered mandatory (b) The officer is acting alone. (c) Two or more officers become separated, lose visual contact with one another, or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort. (d) The officer is unsure of his/her location and direction of travel. (e) The officer is pursuing multiple suspects and it is not reasonable to believe that the officer would be able to control the suspect should a confrontation occur. (f) The physical condition of the officer renders him/her incapable of controlling the suspect if apprehended. (g) The officer loses radio contact with the [dispatcher or with assisting or backup officers. (h) The suspect enters a building, structure, confined space, isolated area or dense or difficult terrain, and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the foot pursuit and coordinating containment pending the arrival of sufficient resources. (i) The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to officers or the public. (j) The officer reasonably believes that the danger to the pursuing officers or public outweighs the objective of immediate apprehension. (k) The officer loses possession of his/her firearm or other essential equipment. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Foot Pursuits - 356 Culver City Police Department Policy Manual Foot Pursuits (l) The officer or a third party is injured during the pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance. (m) The suspect’s location is no longer definitely known. (n) The identity of the suspect is established or other information exists that will allow for the suspect’s apprehension at a later time, and it reasonably appears that there is no immediate threat to department members or the public if the suspect is not immediately apprehended. (o) The officer’s ability to safely continue the pursuit is impaired by inclement weather, darkness or other environmental conditions. 428.4 RESPONSIBILITIES IN FOOT PURSUITS 428.4.1 INITIATING OFFICER RESPONSIBILITIES Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for coordinating the progress of the pursuit. When acting alone and when practicable, the initiating officer should not attempt to overtake and confront the suspect but should attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect. Early communication of available information from the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should, at a minimum, broadcast the following information as soon as it becomes practicable and available: (a) Location and direction of travel (b) Call sign identifier (c) Reason for the foot pursuit, such as the crime classification (d) Number of suspects and description, to include name if known (e) Whether the suspect is known or believed to be armed with a dangerous weapon Officers should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated. Absent extenuating circumstances, any officer unable to promptly and effectively broadcast this information should terminate the foot pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources. When a foot pursuit terminates, the officer will notify the [dispatcher of his/her location and the status of the pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary, to include requesting medical aid as needed for officers, suspects or members of the public. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Foot Pursuits - 357 Culver City Police Department Policy Manual Foot Pursuits 428.4.2 ASSISTING OFFICER RESPONSIBILITIES Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should minimize non-essential radio traffic to permit the involved officers maximum access to the radio frequency. 428.4.3 SUPERVISOR RESPONSIBILITIES Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever possible; the supervisor does not, however, need not be physically present to exercise control over the foot pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is conducted within established department guidelines. The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public appears to unreasonably outweigh the objective of immediate apprehension of the suspect. Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point to direct the post-foot pursuit activity. 428.4.4 DISPATCH RESPONSIBILITIES Upon notification or becoming aware that a foot pursuit is in progress, the [dispatcher is responsible for: (a) Clearing the radio channel of non-emergency traffic. (b) Coordinating pursuit communications of the involved officers. (c) Broadcasting pursuit updates as well as other pertinent information as necessary. (d) Ensuring that a field supervisor is notified of the foot pursuit. (e) Notifying and coordinating with other involved or affected agencies as practicable. (f) Notifying the Watch Commander as soon as practicable. (g) Assigning an incident number and logging all pursuit activities. 428.5 REPORTING REQUIREMENTS The initiating officer shall complete appropriate crime/arrest reports documenting, at minimum: (a) Date and time of the foot pursuit. (b) Initial reason and circumstances surrounding the foot pursuit. (c) Course and approximate distance of the foot pursuit. (d) Alleged offenses. (e) Involved vehicles and officers. (f) Whether a suspect was apprehended as well as the means and methods used. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Foot Pursuits - 358 Culver City Police Department Policy Manual Foot Pursuits 1. Any use of force shall be reported and documented in compliance with the Use of Force Policy. (g) Arrestee information, if applicable. (h) Any injuries and/or medical treatment. (i) Any property or equipment damage. (j) Name of the supervisor at the scene or who handled the incident. Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed. The supervisor reviewing the report will make a preliminary determination that the pursuit appears to be in compliance with this policy or that additional review and/or follow-up is warranted. In any case in which a suspect is not apprehended and there is insufficient information to support further investigation, a supervisor may authorize that the initiating officer need not complete a formal report. 428.6 POLICY It is the policy of this department that officers, when deciding to initiate or continue a foot pursuit, continuously balance the objective of apprehending the suspect with the risk and potential for injury to department members, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Foot Pursuits - 359 Policy Culver City Police Department 429 Policy Manual Automated License Plate Readers (ALPRs) 429.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 429.2 ADMINISTRATION The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Culver City Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administration and Investigations Bureau Commander. The Administration and Investigations Bureau Commander will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. 429.2.1 ALPR ADMINISTRATOR The Traffic Bureau Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. (b) Training requirements for authorized users. (c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52. (e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website. 429.3 OPERATIONS Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a) An ALPR shall only be used for official law enforcement business. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Automated License Plate Readers (ALPRs) 360 Culver City Police Department Policy Manual Automated License Plate Readers (ALPRs) (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR. (c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. (e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so. (f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. 429.4 ALPR DATA COLLECTION AND RETENTION All data and images gathered by an ALPR are for the official use of the Culver City Police Department and because such data may contain confidential CLETS information, it is not open to public review. ALPR information gathered and retained by this department may be used and shared with prosecutors or others only as permitted by law. The Computer Services Unit supervisor is responsible to ensure proper collection and retention of ALPR data, and for transferring ALPR data stored in department vehicles to the department server on a regular basis, not to exceed 30 days between transfers. All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6), and thereafter may be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 429.5 ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The Culver City Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Automated License Plate Readers (ALPRs) 361 Culver City Police Department Policy Manual Automated License Plate Readers (ALPRs) (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action. (c) ALPR system audits should be conducted on a regular basis. For security or data breaches, see the Records Release and Maintenance Policy. 429.6 USE OF DATA The policy of the Culver City Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public. All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 429.7 RELEASING ALPR DATA The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures: (a) The agency makes a written request for the ALPR data that includes: 1. The name of the agency. 2. The name of the person requesting. 3. The intended purpose of obtaining the information. (b) The request is reviewed by the Administration and Investigations Bureau Commander or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file. Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 429.8 TRAINING The Personnel and Training Lieutenant should ensure that members receive departmentapproved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Automated License Plate Readers (ALPRs) 362 Policy Culver City Police Department 430 Policy Manual Homeless Persons 430.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide officers during all contacts with the homeless, whether consensual or for enforcement purposes. The Culver City Police Department recognizes that members of the homeless community are often in need of special protection and services. The Culver City Police Department will address these needs in balance with the overall mission of this department. Therefore, officers will consider the following when serving the homeless community. 430.1.1 POLICY It is the policy of the Culver City Police Department to provide law enforcement services to all members of the community, while protecting the rights, dignity and private property of the homeless. Homelessness is not a crime and members of this department will not use homelessness solely as a basis for detention or law enforcement action. 430.2 HOMELESS COMMUNITY LIAISON The Chief of Police will designate a member of this department to act as the Homeless Liaison Officer. The responsibilities of the Homeless Liaison Officer include the following: (a) Maintain and make available to all department employees a list of assistance programs and other resources that are available to the homeless. (b) Meet with social services and representatives of other organizations that render assistance to the homeless. (c) Maintain a list of the areas within and near this jurisdiction that are used as frequent homeless encampments. (d) Remain abreast of laws dealing with the removal and/or destruction of the personal property of the homeless. This will include: 1. Proper posting of notices of trespass and clean-up operations. 2. Proper retention of property after clean-up, to include procedures for owners to reclaim their property in accordance with the Property and Evidence Policy and other established procedures. (e) Be present during any clean-up operation conducted by this department involving the removal of personal property of the homeless to ensure that the rights of the homeless are not violated. (f) Develop training to assist officers in understanding current legal and social issues relating to the homeless. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Homeless Persons - 363 Culver City Police Department Policy Manual Homeless Persons 430.3 FIELD CONTACTS Officers are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a non-violent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest. Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate. 430.3.1 OTHER CONSIDERATIONS Homeless members of the community will receive the same level and quality of service provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects: (a) Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends. (b) Document places the homeless person may frequent. (c) Provide homeless victims with victim/witness resources when appropriate. (d) Obtain statements from all available witnesses in the event that a homeless victim is unavailable for a court appearance. (e) Consider whether the person may be a dependent adult or elder, and if so, proceed in accordance with the Adult Abuse Policy. (f) Arrange for transportation for investigation-related matters, such as medical exams and court appearances. (g) Consider whether a crime should be reported and submitted for prosecution, even when a homeless victim indicates that he/she does not desire prosecution. 430.4 PERSONAL PROPERTY The personal property of homeless persons must not be treated differently than the property of other members of the public. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person. When a homeless person is arrested or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, the personal property should be collected for safekeeping. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Homeless Persons - 364 Culver City Police Department Policy Manual Homeless Persons supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the removal and safekeeping of the property. Officers should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor or the department Homeless Liaison Officer. When practicable, requests by the public for clean-up of a homeless encampment should be referred to the Homeless Liaison Officer. Officers who encounter unattended encampments, bedding or other personal property in public areas that reasonably appears to belong to a homeless person should not remove or destroy such property and should inform the department Homeless Liaison Officer if such property appears to involve a trespass, blight to the community or is the subject of a complaint. It will be the responsibility of the Homeless Liaison Officer to address the matter in a timely fashion. 430.5 MENTAL ILLNESS AND MENTAL IMPAIRMENT Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall not detain a homeless person under a mental illness commitment unless facts and circumstances warrant such a detention (see the Crisis Intervention Incidents Policy). When a mental illness hold is not warranted, the contacting officer should provide the homeless person with contact information for mental health assistance as appropriate. In these circumstances, officers may provide transportation to a mental health specialist if requested by the person and approved by a supervisor. 430.6 ECOLOGICAL ISSUES Sometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Homeless Persons - 365 Policy Culver City Police Department 431 Policy Manual Public Recording of Law Enforcement Activity 431.1 PURPOSE AND SCOPE This policy provides guidelines for handling situations in which members of the public photograph or audio/video record law enforcement actions and other public activities that involve members of this department. In addition, this policy provides guidelines for situations where the recordings may be evidence. 431.2 POLICY The Culver City Police Department recognizes the right of persons to lawfully record members of this department who are performing their official duties. Members of this department will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence of a crime or relevant to an investigation will only be collected or seized lawfully. Officers should exercise restraint and should not resort to highly discretionary arrests for offenses such as interference, failure to comply or disorderly conduct as a means of preventing someone from exercising the right to record members performing their official duties. 431.3 RECORDING LAW ENFORCEMENT ACTIVITY Members of the public who wish to record law enforcement activities are limited only in certain aspects. (a) Recordings may be made from any public place or any private property where the individual has the legal right to be present (Penal Code § 69; Penal Code § 148). (b) Beyond the act of photographing or recording, individuals may not interfere with the law enforcement activity. Examples of interference include, but are not limited to: (c) 1. Tampering with a witness or suspect. 2. Inciting others to violate the law. 3. Being so close to the activity as to present a clear safety hazard to the officers. 4. Being so close to the activity as to interfere with an officer’s effective communication with a suspect or witness. The individual may not present an undue safety risk to the officers, him/herself or others. 431.4 OFFICER RESPONSE Officers should promptly request that a supervisor respond to the scene whenever it appears that anyone recording activities may be interfering with an investigation or it is believed that the recording may be evidence. If practicable, officers should wait for the supervisor to arrive before taking enforcement action or seizing any cameras or recording media. Whenever practicable, officers or supervisors should give clear and concise warnings to individuals who are conducting themselves in a manner that would cause their recording or behavior to be unlawful. Accompanying the warnings should be clear directions on what an Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Public Recording of Law Enforcement Activity - 366 Culver City Police Department Policy Manual Public Recording of Law Enforcement Activity individual can do to be compliant; directions should be specific enough to allow compliance. For example, rather than directing an individual to clear the area, an officer could advise the person that he/she may continue observing and recording from the sidewalk across the street. If an arrest or other significant enforcement activity is taken as the result of a recording that interferes with law enforcement activity, officers shall document in a report the nature and extent of the interference or other unlawful behavior and the warnings that were issued. 431.5 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene when requested or any time the circumstances indicate a likelihood of interference or other unlawful behavior. The supervisor should review the situation with the officer and: (a) Request any additional assistance as needed to ensure a safe environment. (b) Take a lead role in communicating with individuals who are observing or recording regarding any appropriate limitations on their location or behavior. When practical, the encounter should be recorded. (c) When practicable, allow adequate time for individuals to respond to requests for a change of location or behavior. (d) Ensure that any enforcement, seizure or other actions are consistent with this policy and constitutional and state law. (e) Explain alternatives for individuals who wish to express concern about the conduct of Department members, such as how and where to file a complaint. 431.6 SEIZING RECORDINGS AS EVIDENCE Officers should not seize recording devices or media unless (42 USC § 2000aa): (a) There is probable cause to believe the person recording has committed or is committing a crime to which the recording relates, and the recording is reasonably necessary for prosecution of the person. 1. Absent exigency or consent, a warrant should be sought before seizing or viewing such recordings. Reasonable steps may be taken to prevent erasure of the recording. (b) There is reason to believe that the immediate seizure of such recordings is necessary to prevent serious bodily injury or death of any person. (c) The person consents. 1. To ensure that the consent is voluntary, the request should not be made in a threatening or coercive manner. 2. If the original recording is provided, a copy of the recording should be provided to the recording party, if practicable. The recording party should be permitted to be present while the copy is being made, if feasible. Another way to obtain the evidence is to transmit a copy of the recording from a device to a department-owned device. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Public Recording of Law Enforcement Activity - 367 Culver City Police Department Policy Manual Public Recording of Law Enforcement Activity Recording devices and media that are seized will be submitted within the guidelines of the Property and Evidence Policy. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Public Recording of Law Enforcement Activity - 368 Policy Culver City Police Department 432 Policy Manual Crisis Intervention Incidents 432.1 PURPOSE AND SCOPE This policy provides guidelines for interacting with those who may be experiencing a mental health or emotional crisis. Interaction with such individuals has the potential for miscommunication and violence. It often requires an officer to make difficult judgments about a person’s mental state and intent in order to effectively and legally interact with the individual. 432.1.1 DEFINITIONS Definitions related to this policy include: Person in crisis - A person whose level of distress or mental health symptoms have exceeded the person’s internal ability to manage his/her behavior or emotions. A crisis can be precipitated by any number of things, including an increase in the symptoms of mental illness despite treatment compliance; non-compliance with treatment, including a failure to take prescribed medications appropriately; or any other circumstance or event that causes the person to engage in erratic, disruptive or dangerous behavior that may be accompanied by impaired judgment. 432.2 POLICY The Culver City Police Department is committed to providing a consistently high level of service to all members of the community and recognizes that persons in crisis may benefit from intervention. The Department will collaborate, where feasible, with mental health professionals to develop an overall intervention strategy to guide its members’ interactions with those experiencing a mental health crisis. This is to ensure equitable and safe treatment of all involved. 432.3 SIGNS Members should be alert to any of the following possible signs of mental health issues or crises: (a) A known history of mental illness (b) Threats of or attempted suicide (c) Loss of memory (d) Incoherence, disorientation or slow response (e) Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas (f) Depression, pronounced feelings of hopelessness or uselessness, extreme sadness or guilt (g) Social withdrawal (h) Manic or impulsive behavior, extreme agitation, lack of control (i) Lack of fear (j) Anxiety, aggression, rigidity, inflexibility or paranoia Members should be aware that this list is not exhaustive. The presence or absence of any of these should not be treated as proof of the presence or absence of a mental health issue or crisis. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Crisis Intervention Incidents - 369 Culver City Police Department Policy Manual Crisis Intervention Incidents 432.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS The Chief of Police should designate an appropriate Bureau Commander to collaborate with mental health professionals to develop an education and response protocol. It should include a list of community resources, to guide department interaction with those who may be suffering from mental illness or who appear to be in a mental health crisis. 432.5 FIRST RESPONDERS Safety is a priority for first responders. It is important to recognize that individuals under the influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a mental health crisis. These individuals may still present a serious threat to officers; such a threat should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an officer’s authority to use reasonable force when interacting with a person in crisis. Officers are reminded that mental health issues, mental health crises and unusual behavior alone are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration. An officer responding to a call involving a person in crisis should: (a) Promptly assess the situation independent of reported information and make a preliminary determination regarding whether a mental health crisis may be a factor. (b) Request available backup officers and specialized resources as deemed necessary and, if it is reasonably believed that the person is in a crisis situation, use conflict resolution and de-escalation techniques to stabilize the incident as appropriate. (c) If feasible, and without compromising safety, turn off flashing lights, bright lights or sirens. (d) Attempt to determine if weapons are present or available. 1. Prior to making contact, and whenever possible and reasonable, conduct a search of the Department of Justice Automated Firearms System via the California Law Enforcement Telecommunications System (CLETS) to determine whether the person is the registered owner of a firearm (Penal Code § 11106.4). (e) Take into account the person’s mental and emotional state and potential inability to understand commands or to appreciate the consequences of his/her action or inaction, as perceived by the officer. (f) Secure the scene and clear the immediate area as necessary. (g) Employ tactics to preserve the safety of all participants. (h) Determine the nature of any crime. (i) Request a supervisor, as warranted. (j) Evaluate any available information that might assist in determining cause or motivation for the person’s actions or stated intentions. (k) If circumstances reasonably permit, consider and employ alternatives to force. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Crisis Intervention Incidents - 370 Culver City Police Department Policy Manual Crisis Intervention Incidents 432.6 DE-ESCALATION Officers should consider that taking no action or passively monitoring the situation may be the most reasonable response to a mental health crisis. Once it is determined that a situation is a mental health crisis and immediate safety concerns have been addressed, responding members should be aware of the following considerations and should generally: • Evaluate safety conditions. • Introduce themselves and attempt to obtain the person’s name. • Be patient, polite, calm, courteous and avoid overreacting. • Speak and move slowly and in a non-threatening manner. • Moderate the level of direct eye contact. • Remove distractions or disruptive people from the area. • Demonstrate active listening skills (e.g., summarize the person’s verbal communication). • Provide for sufficient avenues of retreat or escape should the situation become volatile. Responding officers generally should not: • Use stances or tactics that can be interpreted as aggressive. • Allow others to interrupt or engage the person. • Corner a person who is not believed to be armed, violent or suicidal. • Argue, speak with a raised voice or use threats to obtain compliance. 432.7 INCIDENT ORIENTATION When responding to an incident that may involve mental illness or a mental health crisis, the officer should request that the [dispatcher provide critical information as it becomes available. This includes: (a) Whether the person relies on drugs or medication, or may have failed to take his/her medication. (b) Whether there have been prior incidents, suicide threats/attempts, and whether there has been previous police response. (c) Contact information for a treating physician or mental health professional. Additional resources and a supervisor should be requested as warranted. 432.8 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene of any interaction with a person in crisis. Responding supervisors should: (a) Attempt to secure appropriate and sufficient resources. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Crisis Intervention Incidents - 371 Culver City Police Department Policy Manual Crisis Intervention Incidents (b) Closely monitor any use of force, including the use of restraints, and ensure that those subjected to the use of force are provided with timely access to medical care (see the Handcuffing and Restraints Policy). (c) Consider strategic disengagement. Absent an imminent threat to the public and, as circumstances dictate, this may include removing or reducing law enforcement resources or engaging in passive monitoring. (d) Ensure that all reports are completed and that incident documentation uses appropriate terminology and language. (e) Conduct an after-action tactical and operational debriefing, and prepare an after-action evaluation of the incident to be forwarded to the Bureau Commander. Evaluate whether a critical incident stress management debriefing for involved members is warranted. 432.9 INCIDENT REPORTING Members engaging in any oral or written communication associated with a mental health crisis should be mindful of the sensitive nature of such communications and should exercise appropriate discretion when referring to or describing persons and circumstances. Members having contact with a person in crisis should keep related information confidential, except to the extent that revealing information is necessary to conform to department reporting procedures or other official mental health or medical proceedings. All contacts with persons in crisis are to be noted by officers in the call disposition as Mental Health Related. 432.9.1 DIVERSION Individuals who are not being arrested should be processed in accordance with the Mental Illness Commitments Policy. 432.10 CIVILIAN INTERACTION WITH PEOPLE IN CRISIS Civilian members may be required to interact with persons in crisis in an administrative capacity, such as dispatching, records request, and animal control issues. (a) Members should treat all individuals equally and with dignity and respect. (b) If a member believes that he/she is interacting with a person in crisis, he/she should proceed patiently and in a calm manner. (c) Members should be aware and understand that the person may make unusual or bizarre claims or requests. If a person’s behavior makes the member feel unsafe, if the person is or becomes disruptive or violent, or if the person acts in such a manner as to cause the member to believe that the person may be harmful to him/herself or others, an officer should be promptly summoned to provide assistance. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Crisis Intervention Incidents - 372 Culver City Police Department Policy Manual Crisis Intervention Incidents 432.11 EVALUATION The Bureau Commander designated to coordinate the crisis intervention strategy for this department should ensure that a thorough review and analysis of the department response to these incidents is conducted annually. The report will not include identifying information pertaining to any involved individuals, officers or incidents and will be submitted to the Chief of Police through the chain of command. 432.12 TRAINING In coordination with the mental health community and appropriate stakeholders, the Department will develop and provide comprehensive education and training to all department members to enable them to effectively interact with persons in crisis. This department will endeavor to provide Peace Officer Standards and Training (POST)-approved advanced officer training on interaction with persons with mental disabilities, welfare checks and crisis intervention (Penal Code § 11106.4; Penal Code § 13515.25; Penal Code § 13515.27; Penal Code § 13515.30). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Crisis Intervention Incidents - 373 Policy Culver City Police Department 433 Policy Manual First Amendment Assemblies 433.1 PURPOSE AND SCOPE This policy provides guidance for responding to public assemblies or demonstrations. 433.2 POLICY The Culver City Police Department respects the rights of people to peaceably assemble. It is the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property. 433.3 GENERAL CONSIDERATIONS Individuals or groups present on the public way, such as public facilities, streets or walkways, generally have the right to assemble, rally, demonstrate, protest or otherwise express their views and opinions through varying forms of communication, including the distribution of printed matter. These rights may be limited by laws or ordinances regulating such matters as the obstruction of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and leafleting, and loitering. However, officers shall not take action or fail to take action based on the opinions being expressed. Participant behavior during a demonstration or other public assembly can vary. This may include, but is not limited to: • Lawful, constitutionally protected actions and speech. • Civil disobedience (typically involving minor criminal acts). • Rioting. All of these behaviors may be present during the same event. Therefore, it is imperative that law enforcement actions are measured and appropriate for the behaviors officers may encounter. This is particularly critical if force is being used. Adaptable strategies and tactics are essential. The purpose of a law enforcement presence at the scene of public assemblies and demonstrations should be to preserve the peace, to protect life and prevent the destruction of property. Officers should not: (a) Engage in assembly or demonstration-related discussion with participants. (b) Harass, confront or intimidate participants. (c) Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest. Supervisors should continually observe department members under their commands to ensure that members’ interaction with participants and their response to crowd dynamics is appropriate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department First Amendment Assemblies - 374 Culver City Police Department Policy Manual First Amendment Assemblies 433.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS Photographs and video recording, when appropriate, can serve a number of purposes, including support of criminal prosecutions by documenting criminal acts; assistance in evaluating department performance; serving as training material; recording the use of dispersal orders; and facilitating a response to allegations of improper law enforcement conduct. Photographs and videos will not be used or retained for the sole purpose of collecting or maintaining information about the political, religious or social views of associations, or the activities of any individual, group, association, organization, corporation, business or partnership, unless such information directly relates to an investigation of criminal activities and there is reasonable suspicion that the subject of the information is involved in criminal conduct. 433.4 UNPLANNED EVENTS When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including, but not limited to, the following: • Location • Number of participants • Apparent purpose of the event • Leadership (whether it is apparent and/or whether it is effective) • Any initial indicators of unlawful or disruptive activity • Indicators that lawful use of public facilities, streets or walkways will be impacted • Ability and/or need to continue monitoring the incident Initial assessment information should be promptly communicated to Dispatch, and the assignment of a supervisor should be requested. Additional resources should be requested as appropriate. The responding supervisor shall assume command of the incident until command is expressly assumed by another, and the assumption of command is communicated to the involved members. A clearly defined command structure that is consistent with the Incident Command System (ICS) should be established as resources are deployed. 433.5 PLANNED EVENT PREPARATION For planned events, comprehensive, incident-specific operational plans should be developed. The ICS should be considered for such events. 433.5.1 INFORMATION GATHERING AND ASSESSMENT In order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted. This may include: • Information obtained from outreach to group organizers or leaders. • Information about past and potential unlawful conduct associated with the event or similar events. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department First Amendment Assemblies - 375 Culver City Police Department Policy Manual First Amendment Assemblies • The potential time, duration, scope and type of planned activities. • Any other information related to the goal of providing a balanced response to criminal activity and the protection of public safety interests. Information should be obtained in a transparent manner, and the sources documented. Relevant information should be communicated to the appropriate parties in a timely manner. Information will be obtained in a lawful manner and will not be based solely on the purpose or content of the assembly or demonstration, or the race, ethnicity, national origin or religion of the participants (or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject). 433.5.2 OPERATIONAL PLANS An operational planning team with responsibility for event planning and management should be established. The planning team should develop an operational plan for the event. The operational plan will minimally provide for: (a) Command assignments, chain of command structure, roles and responsibilities. (b) Staffing and resource allocation. (c) Management of criminal investigations. (d) Designation of uniform of the day and related safety equipment (e.g., helmets, shields). (e) Deployment of specialized resources. (f) Event communications and interoperability in a multijurisdictional event. (g) Liaison with demonstration leaders and external agencies. (h) Liaison with City government and legal staff. (i) Media relations. (j) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation. (k) Traffic management plans. (l) First aid and emergency medical service provider availability. (m) Prisoner transport and detention. (n) Review of policies regarding public assemblies and use of force in crowd control. (o) Parameters for declaring an unlawful assembly. (p) Arrest protocol, including management of mass arrests. (q) Protocol for recording information flow and decisions. (r) Rules of engagement, including rules of conduct, protocols for field force extraction and arrests, and any authorization required for the use of force. (s) Protocol for handling complaints during the event. (t) Parameters for the use of body-worn cameras and other portable recording devices. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department First Amendment Assemblies - 376 Culver City Police Department Policy Manual First Amendment Assemblies 433.5.3 MUTUAL AID AND EXTERNAL RESOURCES The magnitude and anticipated duration of an event may necessitate interagency cooperation and coordination. The assigned Incident Commander should ensure that any required memorandums of understanding or other agreements are properly executed, and that any anticipated mutual aid is requested and facilitated (see the Mutual Aid and Outside Agency Assistance Policy). 433.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event. Should the Incident Commander make a determination that public safety is presently or is about to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisements may be communicated through established communications links with leaders and/or participants or to the group. When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the authorized designee should make a clear standardized announcement to the gathering that the event is an unlawful assembly, and should order the dispersal of the participants. The announcement should be communicated by whatever methods are reasonably available to ensure that the content of the message is clear and that it has been heard by the participants. The announcement should be amplified, made in different languages as appropriate, made from multiple locations in the affected area and documented by audio and video. The announcement should provide information about what law enforcement actions will take place if illegal behavior continues and should identify routes for egress. A reasonable time to disperse should be allowed following a dispersal order. 433.7 USE OF FORCE Use of force is governed by current department policy and applicable law (see the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies). Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to comply with lawful orders, the Incident Commander shall evaluate the type of resistance and adopt a reasonable response in order to accomplish the law enforcement mission (such as dispersal or arrest of those acting in violation of the law). Control devices and TASER® devices should be considered only when the participants’ conduct reasonably appears to present the potential to harm officers, themselves or others, or will result in substantial property loss or damage (see the Control Devices and Techniques and the Conducted Energy Device policies). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department First Amendment Assemblies - 377 Culver City Police Department Policy Manual First Amendment Assemblies Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due to extreme circumstances, such as a riotous crowd. Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report. The type of report required may depend on the nature of the incident. 433.8 ARRESTS The Culver City Police Department should respond to unlawful behavior in a manner that is consistent with the operational plan. If practicable, warnings or advisements should be communicated prior to arrest. Mass arrests should be employed only when alternate tactics and strategies have been, or reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the order of the Incident Commander or the authorized designee. There must be probable cause for each arrest. If employed, mass arrest protocols should fully integrate: (a) Reasonable measures to address the safety of officers and arrestees. (b) Dedicated arrest, booking and report writing teams. (c) Timely access to medical care. (d) Timely access to legal resources. (e) Timely processing of arrestees. (f) Full accountability for arrestees and evidence. (g) Coordination and cooperation with the prosecuting authority, jail and courts (see the Cite and Release Policy). 433.9 MEDIA RELATIONS The Public Information Officer should use all available avenues of communication, including press releases, briefings, press conferences and social media to maintain open channels of communication with media representatives and the public about the status and progress of the event, taking all opportunities to reassure the public about the professional management of the event (see the News Media Relations Policy). 433.10 DEMOBILIZATION When appropriate, the Incident Commander or the authorized designee should implement a phased and orderly withdrawal of law enforcement resources. All relieved personnel should promptly complete any required reports, including use of force reports, and account for all issued equipment and vehicles to their supervisors prior to returning to normal operational duties. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department First Amendment Assemblies - 378 Culver City Police Department Policy Manual First Amendment Assemblies 433.11 POST EVENT The Incident Commander should designate a member to assemble full documentation of the event, to include the following: (a) Operational plan (b) Any incident logs (c) Any assignment logs (d) Vehicle, fuel, equipment and supply records (e) Incident, arrest, use of force, injury and property damage reports (f) Photographs, audio/video recordings, Dispatch records/tapes (g) Media accounts (print and broadcast media) 433.11.1 AFTER-ACTION REPORTING The Incident Commander should work with City legal counsel, as appropriate, to prepare a comprehensive after-action report of the event, explaining all incidents where force was used including the following: (a) Date, time and description of the event (b) Actions taken and outcomes (e.g., injuries, property damage, arrests) (c) Problems identified (d) Significant events (e) Recommendations for improvement; opportunities for training should be documented in a generic manner, without identifying individuals or specific incidents, facts or circumstances. 433.12 TRAINING Department members should receive periodic training regarding this policy, as well as the dynamics of crowd control and incident management (Penal Code § 13514.5). The Department should, when practicable, train with its external and mutual aid partners. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department First Amendment Assemblies - 379 Policy Culver City Police Department 434 Policy Manual Civil Disputes 434.1 PURPOSE AND SCOPE This policy provides members of the Culver City Police Department with guidance for addressing conflicts between persons when no criminal investigation or enforcement action is warranted (e.g., civil matters), with the goal of minimizing any potential for violence or criminal acts. The Domestic Violence Policy will address specific legal mandates related to domestic violence court orders. References in this policy to “court orders” apply to any order of a court that does not require arrest or enforcement by the terms of the order or by California law. 434.2 POLICY The Culver City Police Department recognizes that a law enforcement presence at a civil dispute can play an important role in the peace and safety of the community. Subject to available resources, members of this department will assist at the scene of civil disputes with the primary goal of safeguarding persons and property, preventing criminal activity and maintaining the peace. When handling civil disputes, members will remain impartial, maintain a calm presence, give consideration to all sides and refrain from giving legal or inappropriate advice. 434.3 GENERAL CONSIDERATIONS When appropriate, members handling a civil dispute should encourage the involved parties to seek the assistance of resolution services or take the matter to the civil courts. Members must not become personally involved in disputes and shall at all times remain impartial. While not intended to be an exhaustive list, members should give considerations to the following when handling civil disputes: (a) Civil disputes tend to be confrontational and members should be alert that they can escalate to violence very quickly. De-escalation techniques should be used when appropriate. (b) Members should not dismiss alleged or observed criminal violations as a civil matter and should initiate the appropriate investigation and report when criminal activity is apparent. (c) Members shall not provide legal advice, however, when appropriate, members should inform the parties when they are at risk of violating criminal laws. (d) Members are reminded that they shall not enter a residence or other non-public location without legal authority including valid consent. (e) Members should not take an unreasonable amount of time assisting in these matters and generally should contact a supervisor if it appears that peacekeeping efforts longer than 30 minutes are warranted. 434.4 COURT ORDERS Disputes involving court orders can be complex. Where no mandate exists for an officer to make an arrest for a violation of a court order, the matter should be addressed by documenting any apparent Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Civil Disputes - 380 Culver City Police Department Policy Manual Civil Disputes court order violation in a report. If there appears to be a more immediate need for enforcement action, the investigating officer should consult a supervisor prior to making any arrest. If a person appears to be violating the terms of a court order but is disputing the validity of the order or its applicability, the investigating officer should document the following: (a) The person’s knowledge of the court order or whether proof of service exists. (b) Any specific reason or rationale the involved person offers for not complying with the terms of the order. A copy of the court order should be attached to the report when available. The report should be forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing the order with a notice that the report was also forwarded to the prosecutor for review. 434.4.1 STANDBY REQUESTS Officer responding to a call for standby assistance to retrieve property should meet the person requesting assistance at a neutral location to discuss the process. The person should be advised that items that are disputed will not be allowed to be removed. The member may advise the person to seek private legal advice as to the distribution of disputed property. Members should accompany the person to the location of the property. Members should ask if the other party will allow removal of the property or whether the other party would remove the property. If the other party is uncooperative, the person requesting standby assistance should be instructed to seek private legal advice and obtain a court order to obtain the items. Officers should not order the other party to allow entry or the removal of any items. If there is a restraining or similar order against the person requesting standby assistance, that person should be asked to leave the scene or they may be subject to arrest for violation of the order. If the other party is not present at the location, the member will not allow entry into the location or the removal of property from the location. 434.5 VEHICLES AND PERSONAL PROPERTY Officers may be faced with disputes regarding possession or ownership of vehicles or other personal property. Officers may review documents provided by parties or available databases (e.g., vehicle registration), but should be aware that legal possession of vehicles or personal property can be complex. Generally, officers should not take any enforcement action unless a crime is apparent. The people and the vehicle or personal property involved should be identified and the incident documented. 434.6 REAL PROPERTY Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should generally be handled through a person seeking a court order. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Civil Disputes - 381 Policy Culver City Police Department 435 Policy Manual Suspicious Activity Reporting 435.1 PURPOSE AND SCOPE This policy provides guidelines for reporting and investigating suspicious and criminal activity. 435.1.1 DEFINITIONS Definitions related to this policy include: Involved party - An individual who has been observed engaging in suspicious activity, as defined in this policy, when no definitive criminal activity can be identified, thus precluding the person’s identification as a suspect. Suspicious activity - Any reported or observed activity that a member reasonably believes may have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism. Race, ethnicity, national origin or religious affiliation should not be considered as factors that create suspicion (although these factors may be used as specific suspect descriptions). Examples of suspicious activity may include, but are not limited to: • Suspected pre-operational surveillance or intelligence gathering (e.g., photographing security features, asking questions about sensitive security-related subjects). • Tests of security measures and response to incidents (e.g., “dry run,” creating false alarms, attempts to enter secure areas without authorization). • Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such as fertilizer, that could be used to create an explosive or other dangerous device). • An individual in possession of such things as a hoax explosive or dispersal device, sensitive materials (e.g., passwords, access codes, classified government information), or coded or ciphered literature or correspondence. Suspicious Activity Report (SAR) - An incident report used to document suspicious activity. 435.2 POLICY The Culver City Police Department recognizes the need to protect the public from criminal conduct and acts of terrorism and shall lawfully collect, maintain and disseminate information regarding suspicious activities, while safeguarding civil liberties and privacy protections. 435.3 RESPONSIBILITIES The Administration and Investigation Bureau Commander and authorized designees will manage SAR activities. Authorized designees should include supervisors who are responsible for department participation in criminal intelligence systems as outlined in the Criminal Organizations Policy. The responsibilities of the Administration and Investigation Bureau Commander include, but are not limited to: (a) Remaining familiar with those databases available to the Department that would facilitate the purpose of this policy. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Suspicious Activity Reporting - 382 Culver City Police Department Policy Manual Suspicious Activity Reporting (b) Maintaining adequate training in the area of intelligence gathering to ensure no information is being maintained that would violate the law or civil rights of any individual. (c) Ensuring a process is available that would allow members to report relevant information. The process should be designed to promote efficient and quick reporting, and should not be cumbersome, duplicative or complicated. (d) Ensuring that members are made aware of the purpose and value of documenting information regarding suspicious activity, as well as the databases and other information resources that are available to the Department. (e) Ensuring that SAR information is appropriately disseminated to members in accordance with their job responsibilities. (f) Coordinating investigative follow-up, if appropriate. (g) Coordinating with any appropriate agency or fusion center. (h) Ensuring that, as resources are available, the Department conducts outreach that is designed to encourage members of the community to report suspicious activity and that outlines what they should look for and how they should report it (e.g., website, public service announcements). 435.4 REPORTING AND INVESTIGATION Any department member receiving information regarding suspicious activity should take any necessary immediate and appropriate action, including a request for tactical response or immediate notification of specialized entities, when applicable. Any civilian member who receives such information should ensure that it is passed on to an officer in a timely manner. If the suspicious activity is not directly related to a reportable crime, the member should prepare a SAR and include information about involved parties and the circumstances of the incident. If, during any investigation, an officer becomes aware of suspicious activity that is unrelated to the current investigation, the information should be documented separately in a SAR and not included in the original incident report. The report number of the original incident should be included in the SAR as a cross reference. A SAR should be processed as any other incident report. 435.5 HANDLING INFORMATION The Records Section will forward copies of SARs, in a timely manner, to the following: • Investigation Bureau supervisor • Crime Analysis Unit • Other authorized designees Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Suspicious Activity Reporting - 383 Policy Culver City Police Department 436 Policy Manual Medical Aid and Response 436.1 PURPOSE AND SCOPE This policy recognizes that members often encounter persons who appear to be in need of medical aid and establishes a law enforcement response to such situations. 436.2 POLICY It is the policy of the Culver City Police Department that all officers and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response. 436.3 FIRST RESPONDING MEMBER RESPONSIBILITIES Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g., first aid, CPR and use of an automated external defibrillator (AED)) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so. Prior to initiating medical aid, the member should contact Dispatch and request response by emergency medical services (EMS) as the member deems appropriate. Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy. Members should use a barrier or bag device to perform rescue breathing. When requesting EMS, the member should provide Dispatch with information for relay to EMS personnel in order to enable an appropriate response, including: (a) The location where EMS is needed. (b) The nature of the incident. (c) Any known scene hazards. (d) Information on the person in need of EMS, such as: 1. Signs and symptoms as observed by the member. 2. Changes in apparent condition. 3. Number of patients, sex and age, if known. 4. Whether the person is conscious, breathing and alert, or is believed to have consumed drugs or alcohol. 5. Whether the person is showing signs or symptoms of excited delirium or other agitated chaotic behavior. Members should stabilize the scene whenever practicable while awaiting the arrival of EMS. Members should not direct EMS personnel whether to transport the person for treatment. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Aid and Response - 384 Culver City Police Department Policy Manual Medical Aid and Response 436.4 TRANSPORTING ILL AND INJURED PERSONS Except in extraordinary cases where alternatives are not reasonably available, members should not transport persons who are unconscious, who have serious injuries or who may be seriously ill. EMS personnel should be called to handle patient transportation. Officers should search any person who is in custody before releasing that person to EMS for transport. An officer should accompany any person in custody during transport in an ambulance when requested by EMS personnel, when it reasonably appears necessary to provide security, when it is necessary for investigative purposes or when so directed by a supervisor. Members should not provide emergency escort for medical transport or civilian vehicles. 436.5 PERSONS REFUSING EMS CARE If a person who is not in custody refuses EMS care or refuses to be transported to a medical facility, an officer shall not force that person to receive care or be transported. However, members may assist EMS personnel when EMS personnel determine the person lacks mental capacity to understand the consequences of refusing medical care or to make an informed decision and the lack of immediate medical attention may result in serious bodily injury or the death of the person. In cases where mental illness may be a factor, the officer should consider proceeding with a 72hour treatment and evaluation commitment (5150 commitment) process in accordance with the Mental Illness Commitments Policy. If an officer believes that a person who is in custody requires EMS care and the person refuses, he/she should encourage the person to receive medical treatment. The officer may also consider contacting a family member to help persuade the person to agree to treatment or who may be able to authorize treatment for the person. If the person still refuses, the officer will require the person to be transported to the nearest medical facility. In such cases, the officer should consult with a supervisor prior to the transport. Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for treatment. 436.5.1 SICK OR INJURED ARRESTEE If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the officer should contact a supervisor, who will determine whether medical clearance will be obtained prior to booking. If the jail or detention facility refuses to accept custody of an arrestee based on medical screening, the officer should note the name of the facility person refusing to accept custody and the reason for refusal, and should notify a supervisor to determine the appropriate action. Arrestees who appear to have a serious medical issue should be transported by ambulance. Officers shall not transport an arrestee to a hospital without a supervisor’s approval. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Aid and Response - 385 Culver City Police Department Policy Manual Medical Aid and Response 436.6 MEDICAL ATTENTION RELATED TO USE OF FORCE Specific guidelines for medical attention for injuries sustained from a use of force may be found in the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies. 436.7 AIR AMBULANCE Generally, when on-scene, EMS personnel will be responsible for determining whether an air ambulance response should be requested. An air ambulance may be appropriate when there are victims with life-threatening injuries or who require specialized treatment (e.g., gunshot wounds, burns, obstetrical cases), and distance or other known delays will affect the EMS response. 436.8 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE A member may use an AED only after receiving appropriate training from an approved public safety first aid and CPR course (22 CCR 100014; 22 CCR 100017; 22 CCR 100018). 436.8.1 AED USER RESPONSIBILITY Members who are issued AEDs for use in department vehicles should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly will be taken out of service and given to the Personnel and Training Lieutenant who is responsible for ensuring appropriate maintenance. Following use of an AED, the device shall be cleaned and/or decontaminated as required. The electrodes and/or pads will be replaced as recommended by the AED manufacturer. Any member who uses an AED should contact Dispatch as soon as possible and request response by EMS. 436.8.2 AED REPORTING Any member using an AED will complete an incident report detailing its use. 436.8.3 AED TRAINING AND MAINTENANCE The Personnel and Training Lieutenant should ensure appropriate training and refresher training is provided to members authorized to use an AED. A list of authorized members and training records shall be made available for inspection by the local EMS agency (LEMSA) or EMS authority upon request (22 CCR 100021; 22 CCR 100022; 22 CCR 100029). The Personnel and Training Lieutenant is responsible for ensuring AED devices are appropriately maintained and will retain records of all maintenance in accordance with the established records retention schedule (22 CCR 100021). 436.9 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION Members may administer opioid overdose medication in accordance with protocol specified by the licensed health care provider who prescribed the overdose medication for use by the member and (Civil Code § 1714.22; 22 CCR 100019): Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Aid and Response - 386 Culver City Police Department Policy Manual Medical Aid and Response (a) When trained and tested to demonstrate competence following initial instruction. (b) When authorized by the medical director of the LEMSA. (c) In accordance with California Peace Officer Standards and Training (POST) standards. 436.9.1 436.9.2 OPIOID OVERDOSE MEDICATION TRAINING The Personnel and Training Lieutenant should ensure initial and refresher training is provided to members authorized to administer opioid overdose medication. Training should be coordinated with the local health department and comply with the requirements in 22 CCR 100019 and any applicable POST standards (Civil Code § 1714.22). 436.10 ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS The Operations Bureau Commander may authorize the acquisition of epinephrine auto-injectors for use by Department members as provided by Health and Safety Code § 1797.197a. The Personnel and Training Lieutenant shall create and maintain an operations plan for the storage, maintenance, use and disposal of epinephrine auto-injectors as required by Health and Safety Code § 1797.197a(f). Trained members who possess valid certification may administer an epinephrine auto-injector for suspected anaphylaxis (Health and Safety Code § 1797.197a(b); 22 CCR 100019). 436.10.1 EPINEPHRINE USER RESPONSIBILITIES Members should handle, store and administer epinephrine auto-injectors consistent with their training and the Department operations plan. Members should check the auto-injectors at the beginning of their shift to ensure the medication is not expired. Any expired medication should be removed from service in accordance with the Department Operations Plan. Any member who administers an epinephrine auto-injector medication should contact Dispatch as soon as possible and request response by EMS (Health and Safety Code § 1797.197a(b)). 436.10.2 EPINEPHRINE AUTO-INJECTOR REPORTING Any member who administers an epinephrine auto-injector should detail its use in an appropriate report. The Personnel and Training Lieutenant should ensure that the Records Manager is provided enough information for required reporting to the EMS Authority within 30 days after each use (Health and Safety Code § 1797.197a(f)). Records regarding the acquisition and disposition of epinephrine auto-injectors shall be maintained pursuant to the Department established records retention schedule but no less than three years (Business and Professions Code § 4119.4(d)). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Aid and Response - 387 Culver City Police Department Policy Manual Medical Aid and Response 436.10.3 EPINEPHRINE AUTO-INJECTOR TRAINING The Personnel and Training Lieutenant should ensure that members authorized to administer epinephrine auto-injectors are provided with initial and refresher training that meets the requirements of Health and Safety Code § 1797.197a(c) and 22 CCR 100019. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Medical Aid and Response - 388 Policy Culver City Police Department 437 Policy Manual Mobile Audio/Video 437.1 PURPOSE AND SCOPE The Culver City Police Department has equipped marked patrol cars with Mobile Audio/Video (MAV) recording systems to provide records of events and assist officers in the performance of their duties. This policy provides guidance on the use of these systems. 437.1.1 DEFINITIONS Definitions related to this policy include: Activate - Any process that causes the MAV system to transmit or store video or audio data in an active mode. In-car camera system and Mobile Audio/Video (MAV) system - Synonymous terms which refer to any system that captures audio and video signals, that is capable of installation in a vehicle, and that includes at minimum, a camera, microphone, recorder and monitor. MAV technician -Personnel certified or trained in the operational use and repair of MAVs, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures. Recorded media - Audio-video signals recorded or digitally stored on a storage device or portable media. 437.2 INTENDED USE It is the intent of the Culver City Police Department to use MAV technology to more effectively fulfill the department's mission and to ensure these systems are used securely and efficiently. The use of the MAV system is intended to accomplish the following: (a) Document events during contacts, arrests and critical incidents to clearly identify suspects and their vehicles. (b) Record incidents for criminal and civil investigations, for mitigation of personnel complaints, and for review purposes and officer training. (c) Vividly replay those incidents for prosecutors and courts, thereby increasing rates of convictions for violations of the law. 437.3 OFFICER RESPONSIBILITIES Officers that work uniformed assignments in which the vehicle is a primary component of their duties shall use vehicles equipped with MAV systems along with the belt mounted transmitter and,or lapel microphone. All Officers using vehicles equipped with MAV systems shall ensure they are accurately logged into the corresponding software. At the start of each shift, officers shall test the MAV system’s operation in accordance with department operating procedures and training and manufacturer specifications covering the following matters: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Audio/Video - 389 Culver City Police Department Policy Manual Mobile Audio/Video (a) (b) Remote Audio Transmitter 1. Adequate power source 2. Connected to the recording equipment 3. Remote activation of system via transmitter 4. Synchronized with the vehicle's camera system Camera Lens 1. Windshield and camera lens free of debris 2. Camera facing intended direction 3. Recording mechanism capturing both audio and video information 4. System plays back both audio and video tracks If the system is malfunctioning, the officer shall take the vehicle out of service unless a supervisor requests the vehicle remain in service. Officers are also responsible for ensuring that each MAV recording is classified properly at the conclusion of an incident in which the MAV is utilized. This is addressed further below. 437.4 ACTIVATION OF THE MAV The MAV system is designed to activate under the following conditions: (a) When turned on manually (b) Whenever the unit's emergency lights are activated (c) (d) When the automatic door releae is activated (K-9 vehicles only) (e) If the vehicle travels in speeds in excess of 75 mph (f) If the vehicle is involved in a traffic accident The system remains activated until it is turned off manually. 437.4.1 WHEN ACTIVATION IS NOT REQUIRED Activation of the MAV system is not required when exchanging information with other officers or during breaks, lunch periods, when not in service or actively on routine patrol. Officers shall have the discretion to "mute" their wireless transmitter when speaking: (a) with other officers or supervisors about the tactics for handling an incident (b) with a confidential informant (c) with a citizen or officer about something not related to the incident being recorded (d) about things protected under Evidence Code sections 1040-1042 Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Audio/Video - 390 Culver City Police Department Policy Manual Mobile Audio/Video Absent legal cause or lawful order, no member of this department shall surreptitiously record any other member of this department without the expressed knowledge and consent of all parties. Officers who mute their wireless transmitters during those incidents requiring recording without meeting the above listed criteria for muting may be subject to discipline. 437.4.2 REQUIRED ACTIVATION OF MAV This policy is not intended to describe every possible situation in which the MAV system may be used. An officer may activate the system any time he or she believes it would be appropriate to capture valuable evidence. The MAV system should be activated in any of the following situations: (a) (b) All field contacts involving actual or potential criminal conduct within video or audio range including but not limited to: 1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops) 2. Priority responses to radio calls 3. Vehicle pursuits 4. Suspicious vehicles 5. Arrests 6. Prisoner transport (prisoner camera must be manually activated) 7. Vehicle searches 8. Physical or verbal confrontations or use of force incidents 9. Detentions 10. DWI/DUI investigations including field sobriety tests 11. Consensual encounters 12. In-progress crimes/calls Any call for service involving a crime where the recorder may aid in the apprehension and/ or prosecution of a suspect: 1. Domestic violence calls 2. Disturbance of peace calls 3. Offenses involving violence or weapons (c) Any other contact or self-initiated activity that becomes adversarial after the initial contact in a situation that would not otherwise require recording. (d) Any other circumstance where the officer believes that a recording of an incident would be appropriate. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Audio/Video - 391 Culver City Police Department Policy Manual Mobile Audio/Video 437.4.3 CESSATION OF RECORDING Once activated, the MAV system should remain on until the incident has concluded. For purposes of this section, conclusion of an incident has occurred when all arrests have been made, arrestees have been transported and all witnesses and victims have been interviewed. Recording may cease if an officer is simply waiting for a tow truck or a family member to arrive, or in other similar situations. Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 437.4.4 SUPERVISOR RESPONSIBILITIES At reasonable intervals, supervisors should validate that recording procedures are followed. When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, officer-involved shootings, department-involved collisions), a supervisor shall respond to the scene and ensure that a MAV technician or crime scene investigator properly retrieves the recorded media. The media may need to be treated as evidence and should be handled in accordance with current evidence procedures for recorded media. Minor infractions (not criminal in nature) committed by any member of the Culver City Police Department and discovered during routine review of recorded material should be viewed as training opportunities and not as routine disciplinary actions. Should the behavior or action become habitual after being addressed, the appropriate disciplinary or corrective action shall be taken. Supervisors should determine if vehicles with non-functioning MAV systems should be placed into service. If these vehicles are placed into service, the appropriate documentation (supervisor's/ watch commander's log) and notifications should be made. Supervisors who are informed or otherwise become aware of malfunctioning equipment shall ensure that authorized personnel make repairs in a timely manner. 437.4.5 SUPERVISOR USE OF LIVE FEED FEATURE The MAV system has the capability of allowing for live, real time viewing of the in-car audio and video feed, which can be accessed by certain computer terminals throughout the Culver City Police Department. The live feed feature should only be utilized by supervisors (sergeants or above) during emergency field operations. No prior notice need be given to officers before accessing the live feed feature in an emergency situation. Examples of acceptable emergency situations include but are not limited to: (a) Vehicle pursuits (b) Officer involved shootings (c) Felony or high-risk traffic stops Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Audio/Video - 392 Culver City Police Department Policy Manual Mobile Audio/Video (d) Officer involved traffic accidents (e) Officer unaccounted for and not answering the radio In all instances where a supervisor intends to use the live feed feature of the vehicle's MAV system in a non-emergency situation, the supervisor shall make every effort to notify the officers working in that unit prior to accessing the live feed. The live feed feature of the MAV system shall not be used for retaliation or for any other punitive purpose. Any supervisor that missuses the live feed feature of the MAV system is subject ot discipline under this policy. 437.5 REVIEW OF MAV RECORDINGS All recording media, recorded images and audio recordings are the property of the Department. Dissemination outside of the agency is strictly prohibited, except to the extent permitted or required by law. To prevent damage to or alteration of the original recorded media, it shall not be copied, viewed or otherwise inserted into any device not approved by the department MAV technician . When reasonably possible, a copy of the original media shall be used for viewing (unless otherwise directed by the courts) to preserve the original media. Unless prohibited by applicable law, recordings may be reviewed in any of the following situations: (a) For use when preparing reports or statements (b) By a supervisor investigating a specific act of officer conduct (c) To assess proper functioning of MAV systems (d) To assess possible training value (e) Recordings may be reviewed and shown for training purposes. If an involved officer objects to showing a recording, the recording will not be shown to other officers. The recording may however be viewed by supervisors for training and performance assessment purposes. (f) By department investigators who are participating in an official investigation, such as a personnel complaint, administrative inquiry, or a criminal investigation. (g) By an officer captured on or referenced in the video or audio data who reviews and uses such data to help ensure accuracy and consistency of accounts. (h) By court personnel through proper process or with permission of the Chief of Police or the authorized designee (i) By the City Attorney's office or Risk Management in connection with pending litigation. (j) Subject to the provisions of this policy, the Chief of Police has the discretion to prohibit the review of any recordings by Department employees if it is determined to be in the best interest of the Police Department or the City of Culver City. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Audio/Video - 393 Culver City Police Department Policy Manual Mobile Audio/Video (k) The Chief of Police has the discretion to allow viewing or release of recorded files if the Chief determines it is in the best interest of the Police Department or the City of Culver City. When appropriate, every effort will be made to notify involved employees prior to release. (l) Subject to the provisions of (j) above, in the event that an employee is to be interviewed pursuant to an investigation related to an incident which results in injury, bodily harm, death or involved the use of force, the employee and/or his/her attorney will be afforded an opportunity to review his/her video of the incident prior to the interview, or after the employee has been interviewed, by the appropriate investigative personnel. If the employee elects to view the video after being interviewed, the employee shall be afforded the opportunity to review the video immediately after providing his/her statement regarding the underlying incident and be given an opportunity to offer a supplemental statement. Prior to the employee offering an initial statement, the following admonishment should be provided to the employee: "In this case, there is video evidence that you have had (or will have) an opportunity to view before (after) giving your initial statement. Video evidence has limitations and may depict the events differently than you recall, and may not depict all of the events as seen or heard by you. Video has a limited field of view and may not capture events normally seen by the human eye. Lighting as seen on the video may be different than what is seen by the human eye. Videos are a two dimensional medium and may not capture depth, distance or positional orientation as well as the human eye. Remeber, the video evidence is intended to asist your memory and ensure that your initial statement explains your state of mind at the time of the incident." Employees desiring to view any previously uploaded or archived MAV recording that they would not typically have access to should submit a request in writing to a supervisor. Approved requests should be forwarded to the MAV technician for processing. Recordings shall not be used or shown for the purpose of ridiculing or embarrassing any employee. 437.6 DOCUMENTING MAV USE If any incident is recorded with the MAV system, the existence of that recording shall be documented in the officer's report. If a citation is issued, the officer shall make a notation on the back of the records copy of the citation, indicating that the incident was recorded. Officers who reasonably believe that a MAV recording is likely to contain evidence relevant to a criminal offense or potential claim against the officer or against the Culver City Police Department should indicate this in an appropriate report. Officers should ensure relevant recordings are preserved in accordance with the Department's retention schedule. 437.7 RECORDING MEDIA STORAGE, RETENTION AND INTEGRITY In general, all recordings should be retained for two (2) years unless they are identified as evidence. If a recording is identified as evidence the retention will follow the Evidence/ Property Files retention schedule. Recordings which become part of a citizen complaint or administrative/internal investigation will follow the retention time identifed for the complaint/ investigation. Inadvertent/accidental recordings of personal events and conversations shall be Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Audio/Video - 394 Culver City Police Department Policy Manual Mobile Audio/Video purged as soon as practicable upon the approval of a Bureau Commander. Once submitted for evidence storage, all recording media will be labeled and stored in a designated secure area in accordance with proper evidence procedures. Anyone with the authorization to do so may increase the retention time for recordings when it is believed that retaining said recordings for a longer period of time would be in the best interest of the Department or City. 437.7.1 COPIES OF ORIGINAL RECORDING MEDIA Original recording media shall not be used for any purpose other than for initial review by a supervisor. Upon proper request, a copy of the original recording media will be made for use as authorized in this policy. Original recording media may only be released in response to a court order or upon approval by the Chief of Police or the authorized designee. In the event that an original recording is released to a court, a copy shall be made and placed in storage until the original is returned. 437.8 CLASSIFICATION OF RECORDINGS As stated above in this policy, officers shall classify each recording at the conclusion of an incident in which the MAV is utilized. Officers should use the classification that best fits the incident in which the MAV was utilized. Below is a list of available classifications: (a) "Contact" - Pedestiran/traffic stop or radio call (b) "Arrest" - Any arrest (c) "Transport" - Prisoner transport (d) "Force" - Any use of force (e) "Special Circs" - Any other circumstance that might contain evidence related to a criminal offense or claim against the city or where the officer believes that the recording could contain evidence related to a possible future personnel complaint. (f) "Test" - Only used after testing the working condition of the system. 437.9 COPIES OF ORIGINAL RECORDING MEDIA Audio or video from the MAV system shall not be copied, exported, or recorded in any way for any purpose other than for circumstances authorized in this General Order. Audio or video from the MAV system may only be released in response to a court order or upon approval by the Chief of Police or the authorized designee. 437.10 SYSTEM OPERATIONAL STANDARDS (a) MAV system vehicle installations should be based on officer safety requirements and the vehicle and device manufacturer’s recommendations. (b) The MAV system shall be configured to record (video only) 30 seconds prior to an event. (c) The MAV system shall not be configured to record audio data occurring prior to activation. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Audio/Video - 395 Culver City Police Department Policy Manual Mobile Audio/Video (d) The MAV system shall be configured to record audio and video upon manual activation by the officer. The system will also record audio and video when an officer manually acitvates the system using his/her body microphone. (e) The MAV system shall be configured to record audio and video, in cases when the MAV system has been activated and the vehicle is placed in the "park" position. . (f) Officers shall not erase, alter, reuse, modify or tamper with MAV recordings. (g) Only a supervisor, MAV technician or other authorized designee may erase and reissue previous recordings and may only do so pursuant to the provisions of this policy. (h) To prevent damage, original recordings shall not be viewed on any equipment other than the equipment issued or authorized by the MAV technician. 437.11 MAV TECHNICIAN RESPONSIBILITIES The MAV technician is responsible for: (a) Ordering, issuing, retrieving, storing, erasing and duplicating of all recorded media. (b) Collecting all completed media for oversight and verification of wireless downloaded media. Once collected, the MAV technician ensure it is stored in a secure location with authorized controlled access. (c) Erasing of media: 1. Pursuant to a court order. 2. In accordance with established records retention policies, including reissuing all other media deemed to be of no evidentiary value. (d) Ensuring that an adequate supply of recording media is available. (e) Managing the long-term storage of media that has been deemed to be of evidentiary value in accordance with the department evidence storage protocols and the records retention schedule. 437.12 TRAINING All members of this Department who are authorized to use the MAV system shall receive training on the system's operation and related policy prior to its use. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Mobile Audio/Video - 396 Policy Culver City Police Department 438 Policy Manual Aircraft Accidents 438.1 PURPOSE AND SCOPE The purpose of this policy is to provide [department/office] members with guidelines for handling aircraft accidents. This policy does not supersede, and is supplementary to, applicable portions of the Crime and Disaster Scene Integrity, Emergency Management Plan and Hazardous Material Response policies. 438.1.1 DEFINITIONS Definitions related to this policy include: Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of carrying a person or any unmanned aerial vehicle other than those intended for non-commercial recreational use. 438.2 POLICY It is the policy of the Culver City Police Department to provide an appropriate emergency response to aircraft accidents. This includes emergency medical care and scene management. 438.3 ARRIVAL AT SCENE Officers or other authorized members tasked with initial scene management should establish an inner and outer perimeter to: (a) Protect persons and property. (b) Prevent any disturbance or further damage to the wreckage or debris, except to preserve life or rescue the injured. (c) Preserve ground scars and marks made by the aircraft. (d) Manage the admission and access of public safety and medical personnel to the extent necessary to preserve life or to stabilize hazardous materials. (e) Maintain a record of persons who enter the accident site. (f) Consider implementation of an Incident Command System (ICS). 438.4 INJURIES AND CASUALTIES Members should address emergency medical issues and provide care as a first priority. Those tasked with the supervision of the scene should coordinate with the National Transportation Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor should ensure documentation of what was disturbed, including switch/control positions and instrument/gauge readings. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Aircraft Accidents - 397 Culver City Police Department Policy Manual Aircraft Accidents 438.5 NOTIFICATIONS When an aircraft accident is reported to this [department/office], the responding supervisor shall ensure notification is or has been made to NTSB, the Federal Aviation Administration (FAA), and when applicable, the appropriate branch of the military. Supervisors shall ensure other notifications are made once an aircraft accident has been reported. The notifications will vary depending on the type of accident, extent of injuries or damage, and the type of aircraft involved. When an aircraft accident has occurred, it is generally necessary to notify the following: (a) Fire department (b) Appropriate airport tower (c) Emergency medical services (EMS) 438.6 CONTROLLING ACCESS AND SCENE AUTHORITY Prior to NTSB arrival, scene access should be limited to authorized personnel from the: (a) FAA. (b) Fire department, EMS or other assisting law enforcement agencies. (c) [Medical Examiner/JOP]. (d) Air Carrier/Operators investigative teams with NTSB approval. (e) Appropriate branch of the military, when applicable. (f) Other emergency services agencies (e.g., hazardous materials teams, biohazard decontamination teams, fuel recovery specialists, explosive ordnance disposal specialists). The NTSB has primary responsibility for investigating accidents involving civil aircraft. In the case of a military aircraft accident, the appropriate branch of the military will have primary investigation responsibility. After the NTSB or military representative arrives on-scene, the efforts of this [department/office] will shift to a support role for those agencies. If NTSB or a military representative determines that an aircraft or accident does not qualify under its jurisdiction, the on-scene [department/office] supervisor should ensure the accident is still appropriately investigated and documented. 438.7 DANGEROUS MATERIALS Members should be aware of potentially dangerous materials that might be present. These may include, but are not limited to: (a) Fuel, chemicals, explosives, biological or radioactive materials and bombs or other ordnance. (b) Pressure vessels, compressed gas bottles, accumulators and tires. (c) Fluids, batteries, flares and igniters. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Aircraft Accidents - 398 Culver City Police Department Policy Manual Aircraft Accidents (d) Evacuation chutes, ballistic parachute systems and composite materials. 438.8 DOCUMENTATION All aircraft accidents occurring within the City of Culver City shall be documented. At a minimum the documentation should include the date, time and location of the incident; any witness statements, if taken; the names of CCPD members deployed to assist; other City resources that were utilized; and cross reference information to other investigating agencies. Suspected criminal activity should be documented on the appropriate crime report. 438.8.1 WRECKAGE When reasonably safe, members should: (a) Obtain the aircraft registration number (N number) and note the type of aircraft. (b) Attempt to ascertain the number of casualties. (c) Obtain photographs or video of the overall wreckage, including the cockpit and damage, starting at the initial point of impact, if possible, and any ground scars or marks made by the aircraft. 1. Military aircraft may contain classified equipment and therefore shall not be photographed unless authorized by a military commanding officer (18 USC § 795). (d) Secure, if requested by the lead authority, any electronic data or video recorders from the aircraft that became dislodged or cell phones or other recording devices that are part of the wreckage. (e) Acquire copies of any recordings from security cameras that may have captured the incident. 438.8.2 WITNESSES Members tasked with contacting witnesses should obtain: (a) The location of the witness at the time of his/her observation relative to the accident site. (b) A detailed description of what was observed or heard. (c) Any photographs or recordings of the accident witnesses may be willing to voluntarily surrender. (d) The names of all persons reporting the accident, even if not yet interviewed. (e) Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records. 438.9 MEDIA RELATIONS The Public Information Officer ([PIO]) should coordinate a response to the media, including access issues, road closures, detours and any safety information that is pertinent to the surrounding community. Any release of information regarding details of the accident itself should be coordinated with the NTSB or other authority who may have assumed responsibility for the investigation. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Aircraft Accidents - 399 Culver City Police Department Policy Manual Aircraft Accidents Depending on the type of aircraft, the airline or the military may be responsible for family notifications and the release of victims’ names. The [PIO] should coordinate with other involved entities before the release of information. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Aircraft Accidents - 400 Culver City Police Department Policy Manual Chapter 5 - Traffic Operations Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Operations - 401 Policy Culver City Police Department 500 Policy Manual Traffic Function and Responsibility 500.1 PURPOSE AND SCOPE The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity records, traffic volume, and traffic conditions. This department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations, but also in terms of traffic-related needs. 500.2 TRAFFIC OFFICER DEPLOYMENT Several factors are considered in the development of deployment schedules for officers of the Culver City Police Department. Information provided by the California Statewide Integrated Traffic Reporting System (SWITRS) is a valuable resource for traffic accident occurrences and therefore officer deployment. Some of the factors for analysis include: • Location • Time • Day • Violation factors All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of occurrence. All officers will take directed enforcement action on request, and random enforcement action when appropriate against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations. Other factors to be considered for deployment are requests from the public, construction zones or special events. 500.3 ENFORCEMENT Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. This department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance (Vehicle Code § 41603). The visibility and quality of an officer’s work effort will be commensurate with the philosophy of this policy. Several methods are effective in the reduction of collisions: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Function and Responsibility - 402 Culver City Police Department Policy Manual Traffic Function and Responsibility 500.3.1 WARNINGS Warnings or other non-punitive enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant, especially in the case of inadvertent violations. 500.3.2 CITATIONS Citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum: (a) Explanation of the violation or charge (b) Court appearance procedure including the optional or mandatory appearance by the motorist (c) Notice of whether the motorist can enter a plea and pay the fine by mail or at the court 500.3.3 PHYSICAL ARREST Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code or Penal Code. These physical arrest cases usually deal with, but are not limited to: (a) Vehicular manslaughter (b) Felony and misdemeanor driving under the influence of alcohol/drugs (c) Felony or misdemeanor hit-and-run (d) Refusal to sign notice to appear (e) Any other misdemeanor at the discretion of the officer, such as reckless driving with extenuating circumstances 500.4 SUSPENDED OR REVOKED DRIVERS LICENSES If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer may issue a traffic citation pursuant to Vehicle Code § 14601. If a computer check of a traffic violator's license status reveals a suspended or revoked driver license and the traffic violator still has his or her license in possession, the license shall be seized by the officer. The officer shall verbally advise the traffic violator of the suspension or revocation and issue the citation. The officer will be responsible for filling out the Verbal Notice form (DMV form DL-310) and causing that form and license to be forwarded to the Department of Motor Vehicles. 500.5 HIGH-VISIBILITY VESTS The Department has provided American National Standards Institute (ANSI) Class II high-visibility vests to increase the visibility of department members who may be exposed to hazards presented by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601; 8 CCR 1598). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Function and Responsibility - 403 Culver City Police Department Policy Manual Traffic Function and Responsibility Although intended primarily for use while performing traffic related assignments, high-visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the member. 500.5.1 REQUIRED USE Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high-visibility vests should be worn at any time it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high-visibility vests should be worn include traffic control duties, accident investigations, lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor. Vests maintained in the investigation units may be used any time a plainclothes officer might benefit from being readily identified as a member of law enforcement. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Function and Responsibility - 404 Policy Culver City Police Department 501 Policy Manual Traffic Collision Reporting 501.1 PURPOSE AND SCOPE The Culver City Police Department prepares traffic collision reports in compliance with the California Highway Patrol Collision Investigation Manual (CIM) and as a public service makes traffic collision reports available to the community with some exceptions. 501.2 RESPONSIBILITY The Traffic Bureau Lieutenant will be responsible for distribution of the Collision Investigation Manual. The Traffic Bureau Commander will receive all changes in the state manual and ensure conformity with this policy. 501.3 TRAFFIC COLLISION REPORTING All traffic collision reports taken by members of this department shall be forwarded to the Traffic Bureau. The Traffic Bureau Commander will be responsible for monthly and quarterly reports on traffic collision statistics to be forwarded to the Operations Bureau Commander, or other persons as required. 501.4 DEFINITIONS Traffic Accident or Collision - An unintended event that produces damage or injury involving a vehicle in-transport. Traffic Collision Report - Contains the following headings: Notification, Statements, Summary, Area of Impact, Cause. These headings can be used with a CHP555-03 Property Damage Only (PDO) form. Traffic Collision Investigation (CHP555) - Contains the following headings: FACTS, Notification, Scene, Parties, Physical Evidence, Hit and Run, Hazardous Material, Other factual Information, STATEMENTS, OPINION AND CONCLUSIONS, Summary, Area of Impact, Intoxication, Cause, RECOMMENDATIONS. Officer's Report - An internal report completed using a Traffic Collision Report format. 501.5 REPORTING SITUATIONS A motor vehicle collision is any incident that results in unintended injury or property damage attributed directly or indirectly to a motor vehicle or its load, either on a public roadway or on private property. 501.5.1 TRAFFIC COLLISIONS INVOLVING CITY VEHICLES Any city owned vehicle involved in a collision within Culver City involving an unoccupied vehicle or a fixed object may, at the discretion of the Traffic Bureau Commander or Watch Commander or designee, be documented on an Officer's Report using a Traffic Collision Report format or a Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Collision Reporting - 405 Culver City Police Department Policy Manual Traffic Collision Reporting CHP555-03 Property Damage Only (PDO) form. All other traffic collisions shall be documented as a Traffic Collision Investigation (CHP555). If an employee is involved in a motor vehicle collision in Culver City resulting in injury, the following procedures will apply: (a) A collision involving a City vehicle and another occupied vehicle, on or off the roadway, should be documented on a report. (b) A collision involving a City vehicle and an unoccupied vehicle on the roadway should be documented on a report. An uninvolved officer should complete the required report. The on-scene Police Department supervisor will make the determination as to who will complete the report. The report shall contain all of the information typically found in a Traffic Collision Report. This includes involved parties, witnesses, statements, names of property owners, etc. The report may require a diagram if the damage to either city property or private property is significant. Whenever there is damage to a City vehicle, a Vehicle Damage Report shall be completed and forwarded to the appropriate Bureau Commander. Photographs of the collision scene and vehicle damage shall be taken at the discretion of the traffic investigator or any supervisor. 501.5.1 TRAFFIC COLLISIONS WITH OTHER CITY EMPLOYEES OR OFFICIALS The Traffic Bureau Commander or on-duty Watch Commander may request assistance from the California Highway Patrol for the investigation of any traffic collision involving any City official or employee where a serious injury or fatality has occurred. 501.5.2 TRAFFIC COLLISIONS INVOLVING POLICE DEPARTMENT EMPLOYEES When an employee of this department, off-duty, is involved in a traffic collision within the jurisdiction of the Culver City Police Department resulting in a serious injury or fatality, or a crime is involved, the Traffic Bureau Commander or the Watch Commander, may notify the California Highway Patrol for assistance. The term serious injury is defined as any injury that may result in a fatality. When an employee of this department, on-duty, is involved in a traffic collision within the jurisdiction of the Culver City Police Department resulting in any injury, or a crime is involved, the Traffic Bureau Commander or the Watch Commander, shall notify the California Highway Patrol (CHP) who may handle the traffic collision investigation. The CHP should also handle any criminal investigation related to the traffic collision (e.g. driving while under the influence) When an employee of this department, off-duty, is involved in a traffic collision outside the jurisdiction of the Culver City Police Department, the agency having jurisdiction over the area in which the accident occurred will handle the incident. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Collision Reporting - 406 Culver City Police Department Policy Manual Traffic Collision Reporting When an employee of this department, on-duty, is involved in a traffic collision outside the jurisdiction of the Culver City Police Department resulting in any injury, or a crime is involved, the agency having jurisdiction over the area in which the accident occurred will handle the incident. If the agency having jurisdiction over the area in which the accident occurred refuses to handle the incident, the Traffic Bureau Commander or the Watch Commander may notify the California Highway Patrol (CHP) to handle the traffic collision investigation. The CHP or agency having jurisdiction over the area in which the accident occurred may also handle any criminal investigation related to the traffic collision (e.g. driving while under the influence). On-duty personnel involved in a traffic collision shall notify a Culver City Police Department communications operator and request a supervisor be dispatched to the scene. If a Culver City police supervisor cannot respond to a traffic collision involving a police department employee, then said employee shall give a verbal statement to the investigating jurisdictional agency. When an on-duty employee is involved in a traffic collision outside of the Culver City boundaries, the law enforcement agency that has jurisdiction over the area where the accident occurred shall be notified and requested to respond to the scene. If the jurisdictional agency refuses to take a report on a minor damage, non-injury accident the Culver City Police Department shall take an accident report with a copy submitted to the involved employees Bureau Commander. Normally, the California Highway Patrol will not investigate a traffic collision involving nonemergency vehicles (ie; parking enforcement, busses, public works truck), nor will they investigate emergency vehicles in which there is property damage only. However, the handling supervisor must evaluate the totality of the circumstances and determine if it is in the city's best interest to request the California Highway Patrol to respond and investigate the incident. It will be the determination of the California Highway Patrol whether or not this request will be honored. 501.5.4 TRAFFIC COLLISIONS ON PRIVATE PROPERTY Non-injury and property damage only collisions occurring on private property may be taken at the discretion of the handling officer(s), and in compliance with the Collision Investigation Manual. An Officer's Report may be used to document the collision. A Collision occurring on private property resulting in injury or as the result of a crime (e.g., hit and run or driving under the influence) shall be documented in a Traffic Collision Report. 501.5.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS Traffic collision reports shall be taken when they occur on a roadway or highway within the jurisdiction of this departmentwhen there is a death or injury to any persons involved in the collision. 501.5.6 ADDITIONAL PROCEDURES Department personnel involved in traffic collisions while driving City vehicles: (a) With due consideration for safety and traffic, the vehicle(s) should not be moved until after a supervisor arrives on scene. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Collision Reporting - 407 Culver City Police Department Policy Manual Traffic Collision Reporting (b) If the vehicle is moved prior to the arrival of a supervisor then, when practical, the point of impact and point of rest shall be marked. (c) Photographs should generally be taken. The on scene supervisor shall coordinate the taking of photographs. Photographs are required, and shall be taken, when the accident involves injury, fatality, or extensive damage. (d) Involved personnel must give a verbal statement of the accident's details to the investigating officer for inclusion in the Traffic Collision Report. (e) The supervisor should make a log entry summarizing the facts of the accident, noting the appropriate report numbers. (f) The on scene supervisor should read a completed copy of the report to ensure it is complete and consistent with the facts and observations made at the scene of the collision. 501.6 TRAFFIC COLLISIONS ON PRIVATE PROPERTY Non-injury and property damage only collisions occurring on private property may have a report taken at the discretion of the handling officer(s), and in compliance with the Collision Investigation Manual. An Officer's Report using a Traffic Collision Report format or a CHP555-03 Property Damage Only form may be used to document the collision. A collision occurring on private property resulting in injury or as the result of a crime (e.g., hit and run or driving under the influence) shall be documented in a Traffic Collision Report. 501.7 NOTIFICATION OF TRAFFIC BUREAU SUPERVISION In the event of a serious injury or death related traffic collision, the Watch Commander shall notify the Traffic Bureau Commander to relate the circumstances of the traffic collision and seek assistance from the Traffic Bureau. In the absence of a Traffic Bureau Commander, the Watch Commander or any supervisor may assign an accident investigator or motor officer to investigate the traffic collision. During hours in which traffic personnel are not on-duty, the Watch Commander shall notify the on-call traffic investigator, who will respond to the station and handle the investigation. In the event of a serious injury or death related traffic collision involving an on-duty employee, the Watch Commander shall make the following notifications as soon as practical: (a) Chief of Police (b) Assistant Chief of Police (c) Traffic and Operations Bureau Commanders (d) Professional Standards Unit Lieutenant (e) Officer(s) representative(s) (if requested and if applicable) All outside inquiries about the incident shall be directed to the Watch Commander. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Collision Reporting - 408 Culver City Police Department Policy Manual Traffic Collision Reporting 501.7.1 RELEASE OF TRAFFIC COLLISION REPORTS INVOLVING CITY VEHICLES Traffic collision reports or investigations involving city vehicles will not be released or disseminated without the approval of the Chief of Police or a Bureau Commander. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Collision Reporting - 409 Policy Culver City Police Department 502 Policy Manual Vehicle Towing and Release 502.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Culver City Police Department. Nothing in this policy shall require the Department to tow a vehicle. 502.2 STORAGE AND IMPOUNDS When circumstances permit, for example when towing a vehicle for parking or registration violations, the handling employee may, prior to having the vehicle towed, make a good faith effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be towed immediately. The responsibilities of those employees towing, storing or impounding a vehicle are listed below. 502.2.1 VEHICLE STORAGE REPORT Department members requesting towing, storage or impound of a vehicle shall complete CHP Form 180 and accurately record the mileage and a description of property within the vehicle (Vehicle Code § 22850). A copy of the storage report should be given to the tow truck operator and the original shall be submitted to the Records Section as soon as practicable after the vehicle is stored. 502.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, the officer shall request the dispatcher to call an official towing garage for the City of Culver City. If the owner is incapacitated, or for any reason it is necessary for the Department to assume responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call an official towing garage for the City of Culver City. The officer will then store the vehicle using a CHP Form 180. 502.2.3 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by storing the arrestee's vehicle subject to the exceptions described below. The vehicle, however, shall be stored whenever it is needed for the furtherance of the investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high crime area). The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Towing and Release - 410 Culver City Police Department Policy Manual Vehicle Towing and Release • Traffic related warrant arrest. • Situations where the vehicle was not used to further the offense for which the driver was arrested. • Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity. • Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene. In such cases the owner shall be informed that the Department will not be responsible for theft or damages. 502.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator is driving without a valid driver's license, the officer shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation. If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to appear the name and driver's license number of the person to whom the vehicle is released. When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)). When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver's license and current vehicle registration. 502.2.5 DRIVING A NON-CITY VEHICLE Vehicles which have been towed by or at the direction of the Department should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with posted signs. 502.2.6 DISPATCHER'S RESPONSIBILITIES Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The officer shall be advised when the request has been made and the towing service has been dispatched. 502.2.7 RECORDS SECTION RESPONSIBILITY Records personnel shall promptly enter pertinent data from the completed storage form (CHP Form 180) into the Stolen Vehicle System and return the form to the Watch Commander for approval (Vehicle Code § 22651.5(b); Vehicle Code § 22851.3(b); Vehicle Code § 22854.5). Approved storage forms shall be promptly placed into the auto-file located at the front desk so that they are immediately available for release or review should inquiries be made. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Towing and Release - 411 Culver City Police Department Policy Manual Vehicle Towing and Release Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be the responsibility of the Records Section to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all such individuals by first-class mail (Vehicle Code § 22851.3(d); Vehicle Code § 22852(a); or certified mail, return receipt requested Vehicle Code § 14602.6(a)(2)). The notice shall include the following (Vehicle Code § 22852(b)): (a) The name, address, and telephone number of this Department. (b) The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage. (c) The authority and purpose for the removal of the vehicle. (d) A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 days of the date appearing on the notice. 502.3 TOWING SERVICES The City of Culver City periodically selects a firm to act as an official tow service and awards a contract to that firm. This firm will be used in the following situations: (a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action. (b) When a vehicle is being held as evidence in connection with an investigation. (c) When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal from the streets of vehicles obstructing traffic in violation of state or local regulations. 502.4 VEHICLE INVENTORY All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to provide for the safety of officers, and to protect the Department against fraudulent claims of lost, stolen, or damaged property. 502.5 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) which are not considered evidence or contraband. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Towing and Release - 412 Culver City Police Department Policy Manual Vehicle Towing and Release If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. 502.6 RELEASE OF VEHICLE The Department will maintain a listed, 24-hour telephone number to provide information regarding impoundment of vehicles and the right of the registered owner to request a storage hearing. Releases for towed vehicles will be made available during regular, non-emergency business hours (Vehicle Code § 14602.6). (a) Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of current registration is provided by the owner or the person in control of the vehicle and after all applicable fees are paid (Vehicle Code § 22850.3 and Vehicle Code § 22850.5). (b) Vehicles removed that require payment of parking fines or proof of valid driver's license shall only be released upon presentation of proof of compliance, proof of payment, completion of affidavit and payment of applicable fees related to the removal (Vehicle Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3 and Vehicle Code § 22850.5). (c) A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the registered owner or his/her agent with proof of current registration, proof of a valid driver's license and applicable fees paid prior to the end of the 30-day impoundment period if the vehicle was stolen, if the driver reinstates his/her driver's license, if the driver acquires a license and proper insurance, or under other circumstances as set forth in Vehicle Code § 14602.6. Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under which the vehicle was towed or impounded for any specific requirements prior to release. Employees who suspect that a vehicle was impounded in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle Impound Hearings Policy. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Towing and Release - 413 Policy Culver City Police Department 503 Policy Manual Vehicle Impound Hearings 503.1 PURPOSE AND SCOPE This policy establishes a procedure for the requirement to provide vehicle storage or impound hearings pursuant to Vehicle Code § 22852. 503.2 STORED OR IMPOUND HEARING When a vehicle is stored or impounded by any member of the Culver City Police Department, a hearing will be conducted upon the request of the registered or legal owner of the vehicle or his/ her agent (Vehicle Code § 22650(a); Vehicle Code § 22852(a)). The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The hearing officer must be a person other than the person who directed the storage or impound of the vehicle (Vehicle Code § 22852(c)). 503.2.1 HEARING PROCEDURES The vehicle storage hearing is an informal process to evaluate the validity of an order to store or impound a vehicle. The employee who caused the storage or removal of the vehicle does not need to be present for this hearing. All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in writing or by telephone within 10 days of the date appearing on the notice (Vehicle Code § 22852(d)). The Traffic Bureau Commander or his/her designee will serve as the hearing officer. The person requesting the hearing may record the hearing at his/her own expense. The failure of either the registered or legal owner or interested person or his/her agent to request a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of and satisfaction of the post-storage hearing requirement (Vehicle Code §§ 22851.3(e)(2) and 22852(d)). Any relevant evidence may be submitted and reviewed by the hearing officer to determine if reasonable grounds have been established for the storage or impound of the vehicle. The initial burden of proof established by a preponderance of the evidence that the storage/impound was based on probable cause rests with the Department. After consideration of all information, the hearing officer shall determine the validity of the storage or impound of the vehicle in question and then render a decision. The hearing officer shall also consider any mitigating circumstances attendant to the storage that reasonably would warrant the release of the vehicle or a modification or reduction of the period the vehicle is impounded (Vehicle Code §§14602.6(b) and 14602.8(b)). Aside from those mitigating circumstances enumerated in the Vehicle Code, the registered owner's lack of actual knowledge that the driver to whom the vehicle was loaned was not validly licensed may constitute a mitigating circumstance under Vehicle Code §§ 14602.6(b) or 14608(b), warranting release of the vehicle. This mitigating circumstance exception is not limited to situations Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Impound Hearings - 414 Culver City Police Department Policy Manual Vehicle Impound Hearings where the owner made a reasonable inquiry as to the licensed status of the driver before lending the vehicle. The legislative intent and this department's policy is to prevent unlicensed driving pursuant to Vehicle Code §14602.6. If this purpose is not furthered by the continued impoundment of a vehicle, release is most often appropriate. (a) If a decision is made that reasonable grounds for storage or impound have been established, the hearing officer shall advise the inquiring party of the decision and that the inquiring party may pursue further civil remedies if desired. 1. If mitigating circumstances are found to be relevant, the hearing officer shall make reasonable adjustments to the impound period, storage or assessment of fees as warranted. (b) If a decision is made that reasonable grounds for storage or impound have not been established or sufficient mitigating circumstances exist, the vehicle in storage shall be released immediately. Towing and storage fees will be paid at the Department's expense (Vehicle Code § 22852(e)). (c) If a decision is made that reasonable grounds for storage have not been established or sufficient mitigating circumstances exist, and the vehicle has been released with fees having been paid, the receipt for such fees will be forwarded with a letter to the appropriate Bureau Commander. The hearing officer will recommend to the appropriate Bureau Commander that the fees paid by the registered or legal owner of the vehicle in question or their agent be reimbursed by the Department. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Vehicle Impound Hearings - 415 Policy Culver City Police Department 504 Policy Manual Impaired Driving 504.1 PURPOSE AND SCOPE This policy provides guidance to those department members who play a role in the detection and investigation of driving under the influence (DUI). 504.2 POLICY The Culver City Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of California’s impaired driving laws. 504.3 INVESTIGATIONS Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence. The Traffic Bureau Commander will develop and maintain, in consultation with the prosecuting attorney, report forms with appropriate checklists to assist investigating officers in documenting relevant information and maximizing efficiency. Any DUI investigation will be documented using these forms. Information documented elsewhere on the form does not need to be duplicated in the report narrative. Information that should be documented includes, at a minimum: (a) The field sobriety tests (FSTs) administered and the results. (b) The officer’s observations that indicate impairment on the part of the individual, and the officer’s health-related inquiries that may help to identify any serious health concerns (e.g., diabetic shock). (c) Sources of additional information (e.g., reporting party, witnesses) and their observations. (d) Information about any audio and/or video recording of the individual’s driving or subsequent actions. (e) The location and time frame of the individual’s vehicle operation and how this was determined. (f) Any prior related convictions in California or another jurisdiction. 504.4 FIELD TESTS The Traffic Bureau Commander should identify the primary field sobriety tests (FSTs) and any approved alternate tests for officers to use when investigating violations of DUI laws. 504.5 CHEMICAL TESTS A person implies consent to a chemical test or tests, and to providing the associated chemical sample, under any of the following (Vehicle Code § 23612): (a) The person is arrested for driving a vehicle while under the influence, pursuant to Vehicle Code § 23152. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Impaired Driving - 416 Culver City Police Department Policy Manual Impaired Driving (b) The person is under 21 years of age and is arrested by an officer having reasonable cause to believe that the person’s blood alcohol content is 0.05 or more (Vehicle Code § 23140). (c) The person is under 21 years of age and detained by an officer having reasonable cause to believe that the person was driving a vehicle while having a blood alcohol content of 0.01 or more (Vehicle Code § 23136). (d) The person was operating a vehicle while under the influence and proximately caused bodily injury to another person (Vehicle Code § 23153). If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample. 504.5.1 CHOICE OF TESTS Officers shall respect a viable choice of chemical test made by an arrestee, as provided for by law (e.g., breath will not be acceptable for suspected narcotics influence). A person arrested for DUI has the choice of whether the test is of his/her blood or breath, and the officer shall advise the person that he/she has that choice. If the person arrested either is incapable, or states that he/she is incapable, of completing the chosen test, the person shall submit to the remaining test. If the person chooses to submit to a breath test and there is reasonable cause to believe that the person is under the influence of a drug or the combined influence of alcohol and any drug, the officer may also request that the person submit to a blood test. If the person is incapable of completing a blood test, the person shall submit to and complete a urine test (Vehicle Code § 23612(a)(2)(C)). 504.5.2 BREATH SAMPLES The Traffic Bureau Commander should ensure that all devices used for the collection and analysis of breath samples are properly serviced and tested, and that a record of such service and testing is properly maintained. Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to the Traffic Bureau Commander. When the arrested person chooses a breath test, the handling officer shall advise the person that the breath-testing equipment does not retain a sample, and the person may, if desired, provide a blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle Code § 23614). The officer should also require the person to submit to a blood test if the officer has a clear indication that a blood test will reveal evidence of any drug or the combined influence of an alcoholic beverage and any drug. Evidence of the officer’s belief shall be included in the officer’s report (Vehicle Code § 23612(a)(2)(C)). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Impaired Driving - 417 Culver City Police Department Policy Manual Impaired Driving 504.5.3 BLOOD SAMPLES Only persons authorized by law to draw blood shall collect blood samples (Vehicle Code § 23158). The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task. Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be collected and retained as evidence, so long as only one puncture is required. The blood sample shall be packaged, marked, handled, stored and transported as required by the testing facility. If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability to take a blood test should not be considered a refusal. However, that arrestee may be required to complete another available and viable test. 504.5.4 URINE SAMPLES If a urine test will be performed, the arrestee should be promptly transported to the appropriate testing site. The officer shall follow any directions accompanying the urine evidence collection kit. Urine samples shall be collected and witnessed by an officer or jail staff member of the same sex as the individual giving the sample. The arrestee should be allowed sufficient privacy to maintain his/her dignity, to the extent possible, while still ensuring the accuracy of the sample (Vehicle Code § 23158(i)). The sample shall be packaged, marked, handled, stored and transported as required by the testing facility. 504.5.5 STATUTORY NOTIFICATIONS Officers requesting that a person submit to chemical testing shall provide the person with the mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code § 23612(a)(4). 504.5.6 PRELIMINARY ALCOHOL SCREENING Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable cause to believe a person is DUI. The officer shall advise the person that the PAS test is being requested to assist in determining whether the person is under the influence of alcohol or drugs, or a combination of the two. Unless the person is under the age of 21, he/she shall be advised that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS test does not satisfy his/her obligation to submit to a chemical test as otherwise required by law (Vehicle Code § 23612). 504.5.7 PRELIMINARY ALCOHOL SCREENING FOR A PERSON UNDER AGE 21 If an officer lawfully detains a person under 21 years of age who is driving a motor vehicle and the officer has reasonable cause to believe that the person has a blood alcohol content of 0.01 or more, the officer shall request that the person take a PAS test to determine the presence of Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Impaired Driving - 418 Culver City Police Department Policy Manual Impaired Driving alcohol in the person, if a PAS test device is immediately available. If a PAS test device is not immediately available, the officer may request the person to submit to chemical testing of his/her blood, breath or urine, conducted pursuant to Vehicle Code § 23612 (Vehicle Code § 13388). If the person refuses to take or fails to complete the PAS test or other chemical test, or if the result of either test reveals a blood alcohol content of 0.01 or more, the officer shall proceed to serve the person with a notice of order of suspension pursuant to this policy (Vehicle Code § 13388). 504.6 REFUSALS When an arrestee refuses to provide a viable chemical sample, officers should: (a) Advise the person of the requirement to provide a sample (Vehicle Code § 23612). (b) Audio- and/or video-record the admonishment when it is practicable. (c) Document the refusal in the appropriate report. Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of order of suspension upon the person and take possession of any state-issued license to operate a motor vehicle that is held by that person (Vehicle Code § 23612(e); Vehicle Code § 23612(f)). 504.6.1 BLOOD SAMPLE WITHOUT CONSENT A blood sample may be obtained from a person who refuses a chemical test when any of the following conditions exist: (a) A search warrant has been obtained (Penal Code § 1524). (b) The officer can articulate that exigent circumstances exist. Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency can be established by the existence of special facts such as a lengthy time delay in obtaining a blood sample due to an accident investigation or medical treatment of the person. 504.6.2 FORCED BLOOD SAMPLE If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer should request a supervisor to respond. The responding supervisor should: (a) Evaluate whether using force to obtain a blood sample is appropriate under the circumstances. (b) Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes a viable form of testing in a timely manner. (c) Advise the person of his/her duty to provide a sample (even if this advisement was previously done by another officer) and attempt to persuade the individual to submit to such a sample without physical resistance. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Impaired Driving - 419 Culver City Police Department Policy Manual Impaired Driving 1. This dialogue should be recorded on audio and/or video if practicable. (d) Ensure that the blood sample is taken in a medically approved manner. (e) Ensure the forced blood draw is recorded on audio and/or video when practicable. (f) Monitor and ensure that the type and level of force applied appears reasonable under the circumstances: (g) 1. Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods. 2. In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report. 3. In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted. Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report. If a supervisor is unavailable, officers are expected to use sound judgment and perform as a responding supervisor, as set forth above. 504.6.3 STATUTORY NOTIFICATIONS UPON REFUSAL Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of order of suspension upon the arrestee and take possession of any state-issued license to operate a motor vehicle that is held by that individual (Vehicle Code § 23612(e); Vehicle Code § 23612(f)). 504.7 RECORDS SECTION RESPONSIBILITIES The Records Manager will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney’s office. 504.8 ADMINISTRATIVE HEARINGS The Records Manager will ensure that all appropriate reports and documents related to administrative license suspensions are reviewed and forwarded to DMV. Any officer who receives notice of required attendance to an administrative license suspension hearing should promptly notify the prosecuting attorney. An officer called to testify at an administrative hearing should document the hearing date and DMV file number in a supplemental report. Specific details of the hearing generally should not be included in the report unless errors, additional evidence or witnesses are identified. 504.9 TRAINING The Personnel and Training Lieutenant should ensure that officers participating in the enforcement of DUI laws receive regular training. Training should include, at minimum, current laws on impaired Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Impaired Driving - 420 Culver City Police Department Policy Manual Impaired Driving driving, investigative techniques and rules of evidence pertaining to DUI investigations. The Personnel and Training Lieutenant should confer with the prosecuting attorney’s office and update training topics as needed. 504.10 ARREST AND INVESTIGATION 504.10.1 WARRANTLESS ARREST In addition to the arrest authority granted to officers pursuant to Penal Code § 836, an officer may make a warrantless arrest of a person that the officer has reasonable cause to believe has been driving under the influence of an alcoholic beverage or any drug, or under the combined influence of the same when (Vehicle Code § 40300.5): (a) The person is involved in a traffic accident. (b) The person is observed in or about a vehicle that is obstructing the roadway. (c) The person will not be apprehended unless immediately arrested. (d) The person may cause injury to him/herself or damage property unless immediately arrested. (e) The person may destroy or conceal evidence of a crime unless immediately arrested. 504.10.2 OFFICER RESPONSIBILITIES The officer serving the arrested person with a notice of an order of suspension shall immediately (Vehicle Code § 23612): (a) Forward a copy of the completed notice of suspension or revocation form and any confiscated driver’s license to the Department of Motor Vehicles (DMV). (b) Forward a sworn report to DMV that contains the required information in Vehicle Code § 13380. (c) Forward the results to the appropriate forensic laboratory if the person submitted to a blood or urine test. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Impaired Driving - 421 Policy Culver City Police Department 505 Policy Manual Traffic Citations 505.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction, and voiding of traffic citations. 505.1.1 CITATION COMPLETION All employees are required to list their last name and employee serial number on all citations. 505.2 RESPONSIBILITIES The Traffic Bureau Lieutenant shall be responsible for the development and design of all Department traffic citations in compliance with state law and the Judicial Council. He/she shall be responsible for the supply and accounting of all traffic citations issued to (for official use) employees of this department. 505.3 DISMISSAL OF TRAFFIC CITATIONS Employees of this department do not have the authority to dismiss a citation once it has been issued. Only the court has the authority to dismiss a citation that has been issued (Vehicle Code § 40500(d)). Any request from a recipient to dismiss a citation shall be referred to the Traffic Bureau Manager. Upon a review of the circumstances involving the issuance of the traffic citation, the Traffic Bureau Manager may request the Operations Bureau Commander to recommend dismissal of the traffic citation. If approved, the citation will be forwarded to the appropriate court with a request for dismissal. All recipients of traffic citations whose request for the dismissal of a traffic citation has been denied shall be referred to the appropriate court. Should an officer determine during a court proceeding that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate the officer may request the court to dismiss the citation. 505.4 VOIDING TRAFFIC CITATIONS Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed, but not issued. All copies of the citation shall be presented to a supervisor to approve the voiding of the citation. The citation and copies shall then be forwarded to the Traffic Bureau. 505.5 CORRECTION OF TRAFFIC CITATIONS When a traffic citation is issued and in need of correction, the officer issuing the citation shall submit the citation and a letter requesting a specific correction to the Records Section. The Records Section shall prepare a letter of correction to the court having jurisdiction. 505.6 DISPOSITION OF TRAFFIC CITATIONS The court and file copies of all traffic citations issued by members of this department shall be forwarded to the Records Section for filing. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Citations - 422 Culver City Police Department Policy Manual Traffic Citations Upon separation from employment with the this department, all employees issued traffic citations books shall return any unused citations to the Traffic Bureau. 505.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code § 40215. 505.7.1 APPEAL STAGES Appeals may be pursued sequentially at three different levels: (a) Administrative reviews are conducted by the Traffic Bureau who will review written/ documentary data. Requests for administrative reviews are available at the front desk or Traffic Bureau of the Culver City Police Department. Citations may also be contested online at the internet address as specified on the citation. These requests are informal written statements outlining why the notice of parking violation should be dismissed. Copies of documentation relating to the notice of parking violation and the request for dismissal must be mailed to the current mailing address of the processing agency. (b) If the appellant wishes to pursue the matter beyond administrative review, an administrative hearing may be conducted in person or by written application, at the election of the appellant. Independent referees review the existent administrative file, amendments, and/ or testimonial material provided by the appellant and may conduct further investigation or follow-up on their own. (c) If the appellant wishes to pursue the matter beyond an administrative hearing, a Superior Court review may be presented in person by the appellant after an application for review and designated filing fees have been paid to The Superior Court of California. 505.7.2 TIME REQUIREMENTS Administrative review or appearance before a hearing examiner will not be provided if the mandated time limits are not adhered to by the violator. (a) Requests for an administrative review must be postmarked within 21 calendar days of issuance of the notice of parking violation, or within 14 calendar days of the mailing of the Notice of Delinquent Parking (Violation Vehicle Code § 40215(a)). (b) Requests for administrative hearings must be made no later than 21 calendar days following the notification mailing of the results of the administrative review (Vehicle Code § 40215(b)). (c) An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to Vehicle Code § 40200 - 40225. The person requesting the hearing may request one continuance, not to exceed 21 calendar days (Vehicle Code § 40215). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Citations - 423 Culver City Police Department Policy Manual Traffic Citations (d) Registered owners of vehicles may transfer responsibility for the violation via timely affidavit of non-liability when the vehicle has been transferred, rented or under certain other circumstances (Vehicle Code § 40209 and Vehicle Code § 40210). 505.7.3 COSTS (a) There is no cost for an administrative review. (b) Appellants must pay the full amount due for the citation, or provide satisfactory proof of their inability to pay, before receiving an administrative hearing. (c) An appeal through Superior Court requires prior payment of filing costs including applicable court charges and fees. These costs will be reimbursed to the appellant in addition to any previously paid fines if appellant's liability is overruled by the Superior Court. 505.8 JUVENILE CITATIONS Completion of traffic citation forms for juveniles may vary slightly from the procedure for adults. The juvenile's age, place of residency, and the type of offense should be considered before issuing the juvenile a citation. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Traffic Citations - 424 Policy Culver City Police Department 506 Policy Manual Disabled Vehicles 506.1 PURPOSE AND SCOPE Vehicle Code § 20018 provides that all law enforcement agencies having responsibility for traffic enforcement may develop and adopt a written policy to provide assistance to motorists in disabled vehicles within their primary jurisdiction. 506.2 OFFICER RESPONSIBILITY When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practical. 506.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by Department personnel will be contingent on the time of day, the location, the availability of departmental resources, and the vulnerability of the disabled motorist. 506.3.1 MECHANICAL REPAIRS Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair. 506.4 PUBLIC ACCESS TO THIS POLICY This written policy is available upon request. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Disabled Vehicles - 425 Policy Culver City Police Department 507 Policy Manual 72-Hour Parking Violations 507.1 PURPOSE AND SCOPE This policy provides procedures for the marking, recording, and storage of vehicles parked in violation of the Culver City City Ordinance regulating 72-hour parking violations and abandoned vehicles under the authority of Vehicle Code § 22669. 507.2 MARKING VEHICLES Vehicles suspected of being in violation of the City of Culver City 72-Hour Parking Ordinance shall be electronically marked and noted on the Culver City Police Department A.V. Follow-Up Card. No case number is required. Vehicles suspected of being inviolation of the 72-Hour Parking Ordinance should be visibly marked by chalk and shall be electronically entered into the handheld ticketing device to show both the chalk mark and the position of the tire stem and to start the electronic timer. The street side front or rear tire may be chalk marked on the tire tread and so noted electronically. All markings, location, license plate, follow up date, and officer name shall be noted on the A.V. Follow Up. The investigating employee should make a good faith effort to notify the owner of any vehicle subject to towing prior to having the vehicle removed. This may be accomplished by personal contact, telephone or by leaving notice or parking citation attached to the vehicle at least 24 hours prior to removal. All A.V. Follow Up Cards shall be submitted to the Traffic Bureau for maintenance until the followup is complete. After 72-hours if the tire stem has not moved, the vehicle may be cited. Noted on the citation shall be a notice of a 24-hour period in which the vehicle will be towed if not moved from the location. If a marked vehicle has been moved from the space during the 72-hour investigation period, the vehicle may be marked again with new electronic markings and the timing will begin anew. 507.2.1 MARKED VEHICLE FILE The Traffic Bureau shall be responsible for maintaining a file for all active A.V. Follow-Up Cards. Parking control officers assigned to the Traffic Bureau shall be responsible for the follow up investigation of all 72-hour parking violations noted on the A.V. Follow-Up Cards. 507.2.2 VEHICLE STORAGE Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage report shall be completed by the officer authorizing the storage of the vehicle. The storage report form shall be submitted to the Records Section immediately following the storage of the vehicle. It shall be the responsibility of the Records Section to immediately notify the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code § Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department 72-Hour Parking Violations - 426 Culver City Police Department Policy Manual 72-Hour Parking Violations 22851.3(b)). Notification may also be made to the National Law Enforcement Telecommunications System (NLETS)(Vehicle Code § 22854.5). Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be the responsibility of the Records Section to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d). Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department 72-Hour Parking Violations - 427 Policy Culver City Police Department 508 Policy Manual Disabled Vehicles 508.1 PURPOSE AND SCOPE Vehicle Code § 20018 provides that all law enforcement agencies having responsibility for traffic enforcement may develop and adopt a written policy to provide assistance to motorists in disabled vehicles within their primary jurisdiction. 508.2 OFFICER RESPONSIBILITY When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practical. 508.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by department personnel will be contingent on the time of day, the location, the availability of departmental resources, and the vulnerability of the disabled motorist. 508.3.1 MECHANICAL REPAIRS Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair. 508.3.2 RELOCATION OF DISABLED VEHICLES The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle. 508.3.3 RELOCATION OF DISABLED MOTORIST The relocation of a disabled motorist should only occur with the person’s consent and should be suggested when conditions reasonably indicate that immediate movement is necessary to mitigate a potential hazard. The department member may stay with the disabled motorist or transport him/ her to a safe area to await pickup. 508.4 PUBLIC ACCESS TO THIS POLICY This written policy is available upon request. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Disabled Vehicles - 428 Culver City Police Department Policy Manual Chapter 6 - Investigation Operations Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Investigation Operations - 429 Policy Culver City Police Department 600 Policy Manual Investigation and Prosecution 600.1 PURPOSE AND SCOPE The purpose of this policy is to set guidelines and requirements pertaining to the handling and disposition of criminal investigations. 600.2 CASE CLEARANCE The Investigations Bureau has the primary responsibility for managing and recording the clearance rate for crime incidents. Once a criminal case is assigned to a detective and a determination is made that the crime can be "Cleared," that information is entered into RMS. The data accumulated in RMS is later extracted by the Department's Records Unit and then reported to the Department of Justice for inclusion in the Uniform Crime Reporting (UCR) System. The Investigations Bureau Lieutenant is ultimately responsible for ensuring the proper reporting of data to the Department of Justice. 600.2.1 CLEARANCE RATE CRITERIA The criteria the Criminal Investigations Division uses to clear a crime are based on guidelines established by the U.S. Department of Justice ("Uniform Crime Reporting Handbook"). Crimes are essentially cleared in one of three ways: (a) Unfounded complaints (b) Clearance by arrest (c) Exceptional clearance 600.2.2 UNFOUNDED COMPLAINTS If an incident is investigated and it is determined that the facts do not substantiate a crime, the offense can be classified as "Unfounded." For instance, if a citizen reports a burglary, but the investigation determines that the victim lied or a cohabitant had made entry to retrieve his/her own property, then there is no basis for a crime and the case is cleared as "Unfounded." 600.2.3 CLEARANCE BY ARREST An offense is "Solved" or "Cleared by Arrest" when at least one person is: arrested, charged with the commission of the crime, and turned over to the court system for prosecution. In the event one person is responsible for multiple crimes, a clearance is logged for each crime that the same person committed. Conversely, only one clearance is logged if a crime involves multiple offenders. Although no physical arrest is made, a "Clearance by Arrest" can be claimed when: (a) An offender (adult or juvenile) is issued a citation to appear before the Court or (b) A prosecuting agency issues an arrest warrant for the offender and the offender turns himself/herself over to a prosecuting authority. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Investigation and Prosecution - 430 Culver City Police Department Policy Manual Investigation and Prosecution It should be noted that "Clearance by Arrest" is applicable only in cases where the suspect is arrested AND charged with a crime. If the prosecuting agency "rejects" the case for filing, then the crime cannot be classified as a "Clearance by Arrest." It may, however, meet the criteria for an "Exceptional Clearance." 600.2.4 EXCEPTIONAL CLEARANCE In certain situations, detectives are not able to follow the three steps described above under "Clearance by Arrest." However, a crime may still be cleared as "Exceptional," provided the following applies: (a) The identity of the offender is known (b) There is enough evidence to support an arrest, criminal filing and prosecution (c) The location of the offender is known (d) For reasons outside of law enforcement's control, there are extenuating circumstances precluding detectives from arresting, charging, and prosecuting the offender Although there can be a myriad of circumstances that fall under this category, some of the more common examples include the following: • Offender is deceased • Offender is prosecuted by another agency (such as in another State or by a Federal agency) • Extradition is denied • Deathbed confession (offender dies after confessing to a crime) • A juvenile offender's case is handled through "counseling" or other administrative means • Victim(s) and/or witness(es) refuse to cooperate in the prosecution • Case matches Modus Operandi (MO) of other cases for which there was an arrest made 600.2.5 CASE LOAD MANAGEMENT Each detective is responsible for the management of his/her respective assigned cases. There are many factors that can determine the number of active (open) cases a detective may have at any given time. Generally, detectives should manage their caseload so that investigations are conducted in a timely and effective manner. Detectives should routinely evaluate the status of their active cases, utilizing creative and efficient methods to conduct and complete investigations. Detectives should consider suspending cases that lack any investigative leads, as this will enable detectives to direct their time, attention, and resources to cases with more solvability factors. Investigations Bureau Supervisors are responsible for actively monitoring and overseeing the effectiveness of detectives under their supervision. On a regular basis (which is determined by the needs of the specific investigative assignment), supervisors shall review appropriate reports available through RMS to determine if their respective detectives are effectively conducting investigations, solving crimes, and are adequately managing their caseload. When necessary, Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Investigation and Prosecution - 431 Culver City Police Department Policy Manual Investigation and Prosecution supervisors will provide guidance and implement appropriate corrective measures to assist detectives in meeting their caseload obligations. 600.2.6 MODIFICATION OF CHARGES Employees are not authorized to recommend to the District Attorney, City Attorney, or to any other official of the court that charges on a pending case be altered or the case dismissed. In all cases resulting in court prosecution, any request to modify the charges filed or to recommend dismissal of charges in a pending case shall be made to the District Attorney's Office or City Attorney's Office only as authorized by a Bureau Commander or the Chief of Police. 600.3 POLICY It is the policy of the Culver City Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor. 600.4 CUSTODIAL INTERROGATION REQUIREMENTS Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy. 600.4.1 AUDIO/VIDEO RECORDINGS Any custodial interrogation of an individual who is suspected of having committed any violent felony offense should be recorded (audio or video with audio as available) in its entirety. Every reasonable effort should be made to secure functional recording equipment to accomplish such recordings. Consideration should also be given to recording a custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law. No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Investigation Bureau supervisor. Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate and complete and are made only for authorized and legitimate law enforcement purposes. Recordings should not take the place of a thorough report and investigative interviews. Written statements from suspects should continue to be obtained when applicable. 600.4.2 MANDATORY RECORDING OF ADULTS Any custodial interrogation of an adult who is suspected of having committed any murder shall be recorded in its entirety. The recording should be video with audio if reasonably feasible (Penal Code § 859.5). This recording is not mandatory when (Penal Code § 859.5): Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Investigation and Prosecution - 432 Culver City Police Department Policy Manual Investigation and Prosecution (a) Recording is not feasible because of exigent circumstances that are later documented in a report. (b) The suspect refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded. (c) The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5. (d) The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder. (e) The interrogation would disclose the identity of a confidential informant or would jeopardize the safety of an officer, the individual being interrogated or another individual. Such circumstances shall be documented in a report. (f) A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible. (g) The questions are part of a routine processing or booking, and are not an interrogation. (h) The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded. The Department shall maintain an original or an exact copy of the recording until a conviction relating to the interrogation is final and all appeals are exhausted or prosecution is barred by law (Penal Code § 859.5). 600.5 INITIAL INVESTIGATION 600.5.1 OFFICER RESPONSIBILITIES An officer responsible for an initial investigation shall complete no less than the following: (a) (b) Make a preliminary determination of whether a crime has been committed by completing, at a minimum: 1. An initial statement from any witnesses or complainants. 2. A cursory examination for evidence. If information indicates a crime has occurred, the officer should: 1. Preserve the scene and any evidence as required to complete the initial and followup investigation. 2. Determine if additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required. 3. If assistance is warranted, or if the incident is not routine, notify a supervisor or the Watch Commander. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Investigation and Prosecution - 433 Culver City Police Department Policy Manual Investigation and Prosecution (c) 4. Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects. 5. Collect any evidence. 6. Take any appropriate law enforcement action. 7. Complete and submit the appropriate reports and documentation. If the preliminary determination is that no crime occurred, determine what other action may be necessary, what other resources may be available, and advise the informant or complainant of this information. 600.6 DISCONTINUATION OF INVESTIGATIONS The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies: (a) All reasonable investigative efforts have been exhausted, no reasonable belief that the person who committed the crime can be identified, and the incident has been documented appropriately. (b) The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition. 1. In these cases, the investigator shall document that the person was warned and why prosecution was not sought. 2. Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor. (c) The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation. (d) The case has been submitted to the appropriate prosecutor, charges have been filed, and further investigation is not reasonable, warranted or requested, and there is no need to take the suspect into custody. (e) Suspects have been arrested, there are no other suspects, and further investigation is either not warranted or requested. (f) Investigation has proven that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases). The Domestic Violence, Child Abuse Sexual Assault Investigations and Adult Abuse policies may also require an arrest or submittal of a case to a prosecutor. 600.7 COMPUTERS AND DIGITAL EVIDENCE The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, officers should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Investigation and Prosecution - 434 Culver City Police Department Policy Manual Investigation and Prosecution examiner is unavailable, officers should take reasonable steps to prepare for such seizure and use the resources that are available. 600.8 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES Use of social media and any other Internet source to access information for the purpose of criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights and civil liberties. Information gathered via the Internet should only be accessed by members while on-duty and for purposes related to the mission of this department. If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using department equipment. Information obtained via the Internet should not be archived or stored in any manner other than department-established record keeping systems (see the Records Maintenance and Release and the Criminal Organizations policies). 600.8.1 INTERCEPTING ELECTRONIC COMMUNICATION Intercepting social media communications in real time may be subject to federal and state wiretap laws. Officers should seek legal counsel before any such interception. 600.9 CELLULAR COMMUNICATIONS INTERCEPTION TECHNOLOGY The Administration and Investigation Bureau Commander is responsible for ensuring the following for cellular communications interception technology operations (Government Code § 53166): (a) Security procedures are developed to protect information gathered through the use of the technology. (b) A usage and privacy policy is developed that includes: 1. The purposes for which using cellular communications interception technology and collecting information is authorized. 2. Identification by job title or other designation of employees who are authorized to use or access information collected through the use of cellular communications interception technology. 3. Training requirements necessary for those authorized employees. 4. A description of how the Department will monitor the use of its cellular communications interception technology to ensure the accuracy of the information collected and compliance with all applicable laws. 5. Process and time period system audits. 6. Identification of the existence of any memorandum of understanding or other agreement with any other local agency or other party for the shared use of cellular communications interception technology or the sharing of information collected through its use, including the identity of signatory parties. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Investigation and Prosecution - 435 Culver City Police Department Policy Manual Investigation and Prosecution 7. The purpose of, process for and restrictions on the sharing of information gathered through the use of cellular communications interception technology with other local agencies and persons. 8. The length of time information gathered through the use of cellular communications interception technology will be retained, and the process the local agency will utilize to determine if and when to destroy retained information. Members shall only use approved devices and usage shall be in compliance with department security procedures, the department’s usage and privacy procedures and all applicable laws. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Investigation and Prosecution - 436 Policy Culver City Police Department 601 Policy Manual LEAD DETECTIVE 601.1 PURPOSE AND SCOPE The Chief of Police or designee may appoint investigators to the position of Lead Detective. The purpose of this policy is to establish the duties, responsibilities, and role of those assigned to the position of Lead Detective. 601.2 DUTIES AND RESPONSIBILITIES The Chief of Police or designee may appoint one detective from the Adult Section to Adult Lead Detective and one detective from the Juvenile Section to Juvenile Lead Detective. Although training new detectives will be the collective responsibility of all investigators and supervisors, Lead Detectives will be expected to play a significant role in the training and serve as a resource for all detectives. 601.3 TERM DURATION At the sole discretion of the Chief of Police or designee, the term of the Lead Detective may be extended. The extended term will enable the Lead Detectives to enhance their expertise and foster professional relationships with others that might serve as an investigative resource. The Lead Detective position is of a temporary duration, not a separate job classification, does not have civil service status, and is not subject to civil service selection procedure, appeal, or seniority. It is not a property right and may be revoked by the Chief of Police or designee at any time for job related reasons or operational necessity. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department LEAD DETECTIVE - 437 Policy Culver City Police Department 602 Policy Manual Sexual Assault Investigations 602.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims. Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies. 602.1.1 DEFINITIONS Definitions related to this policy include: Sexual assault - Any crime or attempted crime of a sexual nature, to include, but not limited to, offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq. Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates, law enforcement officers; forensic medical examiners, including sexual assault forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to sexual assault victims. 602.2 POLICY It is the policy of the Culver City Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and protect the safety of the victims and the community. 602.3 QUALIFIED INVESTIGATORS Qualified investigators should be available for assignment of sexual assault investigations. These investigators should: (a) Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations. (b) Conduct follow-up interviews and investigation. (c) Present appropriate cases of alleged sexual assault to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and medical personnel as needed. (e) Provide referrals to therapy services, victim advocates and support for the victim. (f) Participate in or coordinate with SART. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Sexual Assault Investigations - 438 Culver City Police Department Policy Manual Sexual Assault Investigations 602.4 REPORTING In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated. 602.5 RELEASING INFORMATION TO THE PUBLIC In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes where more than one appear to be related, consideration should be given to releasing information to the public whenever there is a reasonable likelihood that doing so may result in developing helpful investigative leads. The Investigation Bureau supervisor should weigh the risk of alerting the suspect to the investigation with the need to protect the victim and the public, and to prevent more crimes. 602.6 TRAINING Subject to available resources, periodic training will be provided to: (a) (b) Members who are first responders. Training should include: 1. Initial response to sexual assaults. 2. Legal issues. 3. Victim advocacy. 4. Victim’s response to trauma. Qualified investigators who should receive advanced training on additional topics. Advanced training should include: 1. Interviewing sexual assault victims. 2. SART. 3. Medical and legal aspects of sexual assault investigations. 4. Serial crimes investigations. 5. Use of community and other federal and state investigative resources, such as the Violent Criminal Apprehension Program (ViCAP). 6. Techniques for communicating with victims to minimize trauma. 602.7 VICTIM INTERVIEWS The primary considerations in sexual assault investigations, which begin with the initial call to Dispatch, should be the health and safety of the victim, the preservation of evidence, and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect. Whenever possible, a member of SART should be included in the initial victim interviews. An in-depth follow-up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met (e.g., change Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Sexual Assault Investigations - 439 Culver City Police Department Policy Manual Sexual Assault Investigations of clothes, bathing). The follow-up interview may be delayed to the following day based upon the circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator. No opinions of whether the case is unfounded shall be included in the report. Victims shall not be asked or required to take a polygraph examination (42 USC § 3796gg-8; Penal Code § 637.4). Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and Witness Assistance Policy. 602.7.1 VICTIM RIGHTS Whenever there is an alleged sexual assault the assigned officer shall accomplish the following: (a) Advise the victim of the right to have a victim advocate and a support person present at any interview by law enforcement as provided in Penal Code § 679.04. (b) If the victim is transported to a hospital for any medical evidentiary or physical examination, the officer shall immediately cause the local rape victim counseling center to be notified (Penal Code § 264.2(b)(1)). 1. Prior to any such examination the assigned officer shall ensure that the victim has been properly informed of his/her right to have a sexual assault victim counselor and at least one other support person present (Penal Code § 264.2(b)(2)). 2. A support person may be excluded from the examination by the officer or the medical provider if his/her presence would be detrimental to the purpose of the examination (Penal Code § 264.2(b)(4)). 602.7.2 VICTIM CONFIDENTIALITY Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that his/her name will become a matter of public record unless the victim requests that his/her name not be made public. The reporting officer shall document in his/her report that the victim was properly informed and shall include any related response made by the victim, or if a minor, any response made by the victim’s parent or guardian (Penal Code § 293). Except as authorized by law, members of this [department/office] shall not publicly disclose the name of any victim of a sex crime who has exercised his/her right to confidentiality (Penal Code § 293). 602.8 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE Whenever possible, a SART member should be involved in the collection of forensic evidence from the victim. When the facts of the case indicate that collection of biological evidence is warranted, it should be collected regardless of how much time has elapsed since the reported assault. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Sexual Assault Investigations - 440 Culver City Police Department Policy Manual Sexual Assault Investigations If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from the victim as soon as practicable. Subject to requirements set forth in this policy, biological evidence from all sexual assault cases, including cases where the suspect is known by the victim, should be submitted for testing. Victims who choose not to assist with an investigation, do not desire that the matter be investigated or wish to remain anonymous may still consent to the collection of evidence under their control. In these circumstances, the evidence should be collected and stored appropriately. 602.8.1 COLLECTION AND TESTING REQUIREMENTS Members investigating a sexual assault offense should take every reasonable step to ensure that DNA testing of such evidence is performed in a timely manner and within the time periods prescribed by Penal Code § 803(g). Generally, rape kits should be submitted to the crime lab within 20 days after being booked into evidence (Penal Code § 680). In order to maximize the effectiveness of such testing and identify the perpetrator of any sexual assault, the assigned officer should further ensure that the results of any such test have been timely entered into and checked against both the Department of Justice Cal-DNA database and the Combined DNA Index System (CODIS). If, for any reason, DNA evidence in a sexual assault case in which the identity of the perpetrator is in issue and is not going to be analyzed within 18 months of the crime, the assigned officer shall notify the victim of such fact in writing no less than 60 days prior to the expiration of the 18 month period (Penal Code § 680(d)). 602.8.2 DNA TEST RESULTS A SART member should be consulted regarding the best way to deliver biological testing results to a victim so as to minimize victim trauma, especially in cases where there has been a significant delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA databank hits). Members should make reasonable efforts to assist the victim by providing available information on local assistance programs and organizations as provided in the Victim and Witness Assistance policy. (a) (b) Upon receipt of a written request from a sexual assault victim or the victim’s authorized designee, members investigating sexual assault cases may inform the victim of the status of the DNA testing of any evidence from the victim’s case (Penal Code § 680). 1. Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail. 2. Absent a written request, no member of this [department/office] is required to, but may, communicate with the victim or the victim’s authorized designee regarding the status of any DNA testing. Subject to the commitment of sufficient resources to respond to requests for information, sexual assault victims shall further have the following rights (Penal Code § 680): Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Sexual Assault Investigations - 441 Culver City Police Department Policy Manual Sexual Assault Investigations (c) 1. To be informed if a DNA profile of the assailant was obtained from the testing of the rape kit or other crime scene evidence from their case. 2. To be informed if there is a match between the DNA profile of the assailant developed from the evidence and a DNA profile contained in the Department of Justice Convicted Offender DNA Database, providing that disclosure would not impede or compromise an ongoing investigation. 3. To be informed if the DNA profile of the assailant developed from the evidence has been entered into the Department of Justice Databank of case evidence. Provided that the sexual assault victim or the victim’s authorized designee has kept the assigned officer informed with regard to current address, telephone number and email address (if available), any victim or the victim’s authorized designee shall, upon request, be advised of any known significant changes regarding the victim’s case (Penal Code § 680). 1. Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail. 2. No officer shall be required or expected to release any information which might impede or compromise any ongoing investigation. 602.8.3 DESTRUCTION OF EVIDENCE Any destruction of evidence related to a sexual assault shall occur only after victim notification is made as required pursuant to Penal Code § 680 and only in compliance with the Property and Evidence Policy. 602.9 DISPOSITION OF CASES If the assigned investigator has reason to believe the case is without merit, the case may be classified as unfounded only upon review and approval of the Investigation Bureau supervisor. Classification of a sexual assault case as unfounded requires the Investigation Bureau supervisor to determine that the facts have significant irregularities with reported information and that the incident could not have happened as it was reported. When a victim has recanted his/her original statement, there must be corroborating evidence that the allegations were false or baseless (i.e., no crime occurred) before the case should be determined as unfounded. 602.10 CASE REVIEW The Investigation Bureau supervisor should ensure case dispositions are reviewed on a periodic basis, at least annually, using an identified group that is independent of the investigation process. The reviews should include an analysis of: • Case dispositions. • Decisions to collect biological evidence. • Submissions of biological evidence for lab testing. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Sexual Assault Investigations - 442 Culver City Police Department Policy Manual Sexual Assault Investigations The SART and/or victim advocates should be considered for involvement in this audit. Summary reports on these reviews should be forwarded through the chain of command to the Chief of Police. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Sexual Assault Investigations - 443 Policy Culver City Police Department 603 Policy Manual Asset Forfeiture 603.1 PURPOSE AND SCOPE This policy describes the authority and procedure for the seizure, forfeiture and liquidation of property associated with designated offenses. 603.1.1 DEFINITIONS Definitions related to this policy include: Fiscal agent - The person designated by the Chief of Police to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings. This includes any time the Culver City Police Department seizes property for forfeiture or when the Culver City Police Department is acting as the fiscal agent pursuant to a multi-agency agreement. Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority. Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible for reviewing all forfeiture cases and for acting as the liaison between the Department and the assigned attorney. Property subject to forfeiture - The following may be subject to forfeiture: (a) Property related to a narcotics offense, which includes (Heath and Safety Code § 11470; Health and Safety Code § 11470.1): 1. Property (not including real property or vehicles) used, or intended for use, as a container for controlled substances, materials to manufacture controlled substances, etc. 2. Interest in a vehicle (car, boat, airplane, other vehicle) used to facilitate the manufacture, possession for sale or sale of specified quantities of controlled substances. 3. Money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, proceeds traceable to an exchange, etc. 4. Real property when the owner is convicted of violating Health and Safety Code § 11366, Health and Safety Code § 11366.5 or Health and Safety Code § 11366.6 (drug houses) when the property was not used as a family residence or for other lawful purposes, or property owned by two or more persons, one of whom had no knowledge of its unlawful use. 5. The expenses of seizing, eradicating, destroying or taking remedial action with respect to any controlled substance or its precursors upon conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors. Copyright Lexipol, LLC 2017/04/04, All Rights Reserved. Published with permission by Culver City Police Department Asset Forfeiture - 444 Culver City Police Department Policy Manual Asset Forfeiture (b) Property related to criminal profiteering (may include gang crimes), to include (Penal Code § 186.2; Penal Code § 186.3): 1. Any property interest, whether tangible or intangible, acquired through a pattern of criminal profiteering activity. 2. All proceeds acquired through a pattern of criminal profiteering activity, including all things of value that may have been received in exchange for the proceeds immediately derived from the pattern of criminal profiteering activity. Seizure - The act of law enforcement officials taking property, c