Fair and Impartial Policing Policy - Osceola County Sheriff's Office

Osceola County Sheriff's Office Policy and Procedures Sheriff Marcos R. Lopez Number: 106.0 Effective Date: 03/30/21 P.R.C. Review: 04/20/10 S.M.E. Review: 01/04/17 Rescinds: 10/08/2003/30/21 Amends: Accredit...

Osceola County Sheriff's Office Policy and Procedures Sheriff Marcos R. Lopez Number: 106.0 Effective Date: 03/30/21 P.R.C. Review: 04/20/10 S.M.E. Review: 01/04/17 Rescinds: 10/08/2003/30/21 Amends: Accreditation Standards: CFA 0.00 Subject: Fair and Impartial Policing This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose This policy is adopted to prevent Bbiased-basediased Ppolicing and comply with the legislative mandate found in F.S.S. 30.15 by establishing an anti-discriminatory profiling policy. {CFA 2.06} 2. Policy The Osceola County Sheriff’s Office is responsible for fairly and impartially protecting the rights of all persons regardless of race, sex, age, color, religion, gender (identity and/or expression), sexual orientation, ethnicity, national origin, disability status, economic status, familial status, HIV status, homelessness, immigration status, language ability, mental illness, political ideology, social status, or veteran status.. Law enforcement action shall be conducted in a fair, consistent, and courteous manner to foster a positive public attitude. Discretion is an integral part of any law enforcement action.. Members must be observant, must identify unusual occurrences and law violations, and must act upon them.. The provisions of this procedure shall not preclude a member from drawing upon his or her training, common sense, and sound judgment to exercise discretion in evaluating the seriousness of the violation and circumstances or conditions existing at the time.. This policy is intended to assist members in accomplishing their mission in a way that respects the dignity of all persons and potential lawbreakers that if they break the law, they are likely to encounter law enforcement. Enforcement action which is based solely on race, sex, age, color, religion, gender (identity and/or expression), sexual orientation, ethnicity, national origin, disability status, economic status, familial status, HIV status, homelessness, immigration status, language ability, mental illness, political ideology, social status, or veteran status is illegal and violates the equal protection clause of the Fourteenth Amendment to the United States Constitution.. It also alienates members of the community, fosters distrust of the police, and undermines legitimate Page 1 of 4  106.0 law enforcement efforts.. To this end, it is the policy of this agency that detentions, enforcement actions, including but not limited to traffic stops, field contacts, arrests, searches and seizure, asset seizure and forfeiture efforts shall be based solely on the law and articulated facts.. Law enforcement action taken pursuant to biased-basedBiased Ppolicing is strictly prohibited. {CFA 2.086} 3. Definitions A. Administrative Review – A documented review of incidents or occurrences prepared by or for the Sheriff or designee.. The review should indicate whether policy, training, equipment, or disciplinary issues should be addressed. B. Biased Biased-Based Policing – The selection of individuals for law enforcement action based solely on a trait common to a group.. Common traits could include but are not limited to race, sex, age, color, religion, gender (identity and/or expression), sexual orientation, ethnicity, national origin, disability status, economic status, familial status, HIV status, homelessness, immigration status, language ability, mental illness, political ideology, social status, or veteran status, or any other legally protected characteristics.. {CFA 2.06} C. Law Enforcement Action – Activities both on and off-duty undertaken by Sheriff’s Office personnel members related to their employment, oath of office, state statute, or county ordinance.. The activities include but are not limited to traffic stops, field contacts, detentions, arrests, investigations, asset seizure and forfeiture, and general law enforcement contact with citizens. D. Reasonable Suspicion – Suspicion that is more than a mere hunch, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution to believe that a violation of the law has been committed, is about to be committed, or is in the process of being committed, by the person or persons under suspicion.. This information can be based on observation, training and experience and/or reliable information received from credible outside sources. {CFA 2.06} 4. Procedures A. Required Actions 1. To prevent creating the perception of bias, agency members shall use the following measures whenever reasonably possible. a. Be professional and polite. b. Introduce yourself and explain to the person, as soon as possible, the reason for the contact, unless providing this information will compromise the investigation or the safety of the member or other persons. c. Ensure the length of investigative stops or vehicle stop is no longer than reasonably necessary to take appropriate action for the known or suspected offense, as well as any offense which is legitimately discovered during the course of the investigation. d. Ensure that the purpose of reasonable delays is explained to the person stopped/detained. e. Answer any questions the persons may have. Page 2 of 4  106.0 f. Provide name and identification number when requested, verbally, in writing, or on a business card. 2. If the reasonable suspicion for the stop is dispelled or the stop was made in error, explain to the person why the error was made and apologize for any inconvenience. B. Citizen Encounters 1. All citizen encounters, whether conducted to gather information or to take law enforcement action shall be conducted according to state and federal laws and the Sheriff’s Office policies including Policy 405.0, Detain, Arrest, and Search Procedures, 405.0 and Policy 480.0, Traffic Law Enforcement, 480.0. {CFA 2.06} 2. No motorist, once cited or warned, shall be detained beyond the point where no reasonable suspicion of further criminal activity exists, and no person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement or the person’s voluntary consent. {CFA 2.06} 3. In the absence of any information or observation of a physical description, a person’s race, color, gender, ethnicity, national origin, physical handicap, sexual orientation, or religion or any combination of these, shall not be the sole factor in determining probable cause for an arrest or reasonable suspicion for a stop. {CFA 2.06} C. Complaints of Biased-Based Policing {CFA 2.06} 1. Any person may file a complaint with the Sheriff’s Office if they feel they have been subjected to enforcement action based on race, sex, age, color, religion, gender (identity and/or expression), sexual orientation, ethnicity, national origin, disability status, economic status, familial status, HIV status, homelessness, immigration status, language ability, mental illness, political ideology, social status, or veteran status.. No person shall be discouraged, intimidated or coerced from filing such a complaint, or discriminated against because they have filed such a complaint. 2. Any agency member contacted by a person, who wishes to file such a complaint, shall notify an on duty sSupervisor as soon as safely practical. {CFA 2.06} 3. The on duty sSupervisor shall review and document all complaints of Biased- Based Policing.. The sSupervisor receiving the complaint shall complete an Initial Complaint/Final Disposition Form (SO-06-105) for each complaint and forward it through the chain of command to the Internal Affairs UnitSection.. If the complaint is found to have merit, the receiving sSupervisor must check the box on the form that additional follow up is required and the Internal Affairs Section shall conduct an investigation.. A copy of the completed Initial Complaint/Final Disposition Form shall be sent to the Quality Assurance and Accreditation Unit and a letter detailing the conclusion and final disposition shall be sent to the member and complainant. {CFA 2.06} Page 3 of 4  106.0 4. Annually, Internal Affairs shall conduct a documented Administrative Review of agency traffic stop procedures and practices related to fair and impartial policing.. The sector demographics where the enforcement activity took place should be considered in the analysis, when possible.. If possible, demographics should be obtained from census or locally collected data.. {CFA 2.06} 5. In order to provide community awareness and education regarding Biased- Based Policing, advisory information shall be published on the agency web site. {CFA 2.06} D. Training Training in fair and impartial policing, Biased-Based Policing, and related legal aspects shall be provided to enforcement personnel members in compliance with CJSTC standards and applicable law. {CFA 2.06} E. Members who have observed, or are aware of other members who have engaged in Biased-Based Policing shall report such incidents to a sSupervisor as soon as safely practicable providing all information known to them.. Failure to report allegations of Biased-Based Policing is itself, misconduct. Page 4 of 4