Omaha Police Department Policies and Procedures Manual (PDF)

The Omaha Police Department Policies and Procedures Manual OPD Mission Statement: The Omaha Police Department, in partnership with our community, provides impartial, transparent, ethical, and professional law enforcement service and guardianship. We strive to maintain the trust and confidence of our citizens and employees while working to improve the quality of life. OPD Vision Statement: The Omaha Police Department’s Vision is to provide an environment that results in: The reduction of crime and fear of crime. Improved public confidence and transparency, where appropriate. Maximum efficiency through resource and technology allocation. Enhanced customer service. Personal and professional growth for employees, including mental and physical well-being. OPD Motto: “To Serve and Protect” OPD POLICIES AND PROCEDURES MANUAL (PPM) INSTRUCTION GUIDE PREAMBLE: The PPM is intended to allow the Omaha Police Department (OPD) to function within a set of guidelines understood by all employees. All OPD employees will adhere to all policies and procedures found in the PPM in order to maintain the integrity of the PPM and to make certain that the organization performs in a consistent and professional manner. POLICY: It is the policy of the Omaha Police Department (OPD) to maintain the OPD Policies and Procedures Manual (PPM) as the official manual of the OPD. The PPM includes rules, regulations, and standards of conduct as well as general procedures. The PPM is binding on all OPD employees. PROCEDURES: I. General A. OPD General Orders serve as source documents for the OPD PPM. All OPD employees are required to be familiar with and are responsible for abiding by the provisions of General Orders, as described in the OPD “Departmental Communications” policy. B. A public version of the PPM is posted on the OPD web site. Citizens who request copies of OPD policies shall be referred to the OPD web site. 1. Policies that are marked as CONFIDENTIAL shall NOT be released to the public. 2. If citizens or outside agencies request an OPD policy that is not posted on the OPD web site, they shall be directed to the OPD Research and Planning Unit (RPU). C. The only method by which an OPD policy may be changed is via a General Order issued by the Chief of Police. OPD policy SHALL NOT be changed by an Inter-Office Communication, Information Order, or by any other means. D. When any change is made to an existing OPD General Order, employees shall be made aware of this change via a new General Order which automatically supersedes the existing policy. E. All PPM policies will reference the source order(s), laws, etc. in the “References” section located at the end of the policy. F. General Orders are incorporated into the PPM within a reasonable time after issuance (typically within one month). 1. For historical reference, each monthly version of the PPM will be permanently archived in its entirety by the RPU. The archived versions are not shared with all of OPD but are available upon request by City Legal, OPD command, etc. G. The format and writing style used in the PPM will adhere to the guidelines described in the OPD “Policies and Procedures Manual Style Guide.” The PPM Style Guide is maintained by the RPU, and is available to OPD employees upon request. II. PPM Availability A. All OPD employees are able to view the PPM online via the following methods: 1. OPD PowerDMS site. a. All OPD employees are able to view and/or download the PPM on the secure OPD PowerDMS web site from any computer after logging into the site. 2. The OPD Public Folders on the Google Sites web site. a. OPD employees may access and/or download the PPM from this site from any OPD computer. B. OPD employees may submit a request for an electronic copy of an archived version of the PPM to the RPU. C. Employees who cannot access the PPM will contact the OPD RPU for assistance (See Appendix A for RPU contact information). III. PPM Monthly Updates and Appendices A. A PPM “Monthly Updates” document is posted each month with the updated PPM document. 1. All changes to the preceding month’s posted PPM are described in the “Monthly Updates” document. B. The PPM Appendices are posted alongside the PPM. 1. The PPM Appendices contain CONFIDENTIAL information and are confidential in their entirety. 2. The PPM Appendices are maintained by the RPU and are updated as needed, as the information such as phone/fax numbers, uniform/equipment specifications, etc. is subject to frequent change. 3. When circumstances require, some PPM Appendices updates may be issued as OPD General Orders in order to make certain signatures are documented in PowerDMS. IV. Procedures for Updating PPM Policies A. All OPD policies will be reviewed at least once every three years to determine if updates are needed. 1. Policies may be reviewed more frequently due to CALEA standards, statutory requirements and/or changes, or Departmental needs. B. The RPU PPM Coordinator will be responsible for facilitating the maintenance of all policies via PowerDMS. 1. The PPM Coordinator, or RPU designee, will contact Departmental and extra-agency Subject Matter Experts (SMEs) to determine what, if any, updates are needed in each policy. 2. Departmental SMEs will carefully read the policy and identify whether any changes need to be made to the policy. 3. Departmental SMEs shall notify the PPM Coordinator, or RPU designee, of any needed policy updates within two weeks, barring exigent circumstances, and will assist them in drafting the necessary policy updates. 4. The policy will then be updated as described in the OPD “Departmental Communications” policy. C. Any employee who is aware of a PPM policy or procedure that is in need of revision shall inform a supervisor via a written communication describing the suggested changes and the rationale for those changes. 1. The written communication will be forwarded through the requesting employee’s chain of command to the RPU Supervisor. 2. The RPU will update policies (via General Orders) as described in the OPD “Departmental Communications” policy. REFERENCES: I. Previous OPD Orders A. Previous OPD General Orders include #9-93, 17-04, 27-08, 15-15, 95-16, and 106-16. B. Previous OPD Information Orders include #59-14. II. Accreditation Standards A. CALEA Accreditation standards 1.3.12, 12.1.4, 12.2.1, 12.2.2, and 15.1.1 are relevant to this policy. A Abatement of Dangerous or Nuisance Buildings Abuse / Neglect / Injury - Child Accreditation Adult Protective Services Adult Sexual Assaults - Investigations Alarms – Intrusion Alarms – Financial Institutions and Pharmacies Alcohol and Drug Testing – OPD Employees Allocation and Distribution of Personnel Animal Complaints Arrest Affidavit / Order (Warrantless) Arrest Without Warrant Arrests – Identification and Prosecution of Habitual Criminals Arrests – Jurisdiction of Other Law Enforcement Officers within Omaha Arrests – Special Agreements with Federal Agencies Automatic License Plate Reader (ALPR) Systems ABATEMENT OF DANGEROUS OR NUISANCE BUILDINGS POLICY: It is the policy of the Omaha Police Department (OPD) to identify dangerous or nuisance buildings and take action to abate the nuisance in collaboration with the City of Omaha Planning Department and the Parks, Recreation, and Public Property Department. PROCEDURE: I. Identification A. Either through personal observation or when requested by the Planning Department or the Parks, Recreation, and Public Property Department, OPD officers will: 1. Identify buildings or structures that are believed to be a nuisance, as prescribed by the Omaha Municipal Code, Section 18-3. This ordinance designates smells, items, structural conditions, hazards, pollutants, noises, and other conditions and/or characteristics as nuisances. 2. Identify structures that are believed to be unsafe or unfit for human occupancy, as prescribed by the Omaha Municipal Code, Section 48-71. This ordinance describes conditions and/or characteristics that make a structure unsafe or unfit for human occupancy. 3. Investigate and gather facts that help establish probable cause and justify a finding that a building is either unsafe, unfit for human occupancy or a nuisance. The report of investigation may include crime and/or information reports, inter-depart-mental memos, photographs, and/or videotape recordings. 4. Forward a copy of the investigation to the Nuisance Task Force to initiate the abatement process. II. Reporting A. The Nuisance Task Force will: 1. Assemble a case file for all reports concerning a specific property. 2. Forward a copy of the completed case file as prescribed below and request the applicable City Department complete the investigation and address any violations per City Ordinance. a. Nuisance, Occupancy, or Building Code violations will be forwarded to the Planning Department, Housing and Community Development Division. b. Weeds and Litter issues will be forwarded to the Parks, Recreation, and Public Property Department. 3. Coordinate any law enforcement support to enforce applicable City Ordinances as requested by a City Department. REFERENCES: I. Omaha Municipal Code A. Omaha Municipal Codes 18-8, 18-3, and 48-71 are relevant to this policy. II. Previous General Orders A. Previous OPD General Orders include #36-99 and 6-14. ABUSE / NEGLECT / INJURY - CHILD POLICY: It is the policy of the Omaha Police Department (OPD) to investigate all reports of child abuse, sexual abuse, and neglect, as well as serious or suspicious injuries to children. Procedures for report taking and investigation will vary depending on the location and age of the child. PROCEDURE: I. Mandatory Notification of the Child Special Victims Unit (CSVU) A. When an officer determines there is a violation of Nebraska Revised Statute (NRS) §28-707 Child Abuse, NRS §28-713 requires law enforcement officers “to take immediate steps to protect the child, and to institute legal proceedings if appropriate.” B. Officers SHALL contact the CSVU in the following cases: 1. All misdemeanor and felony child abuse/neglect cases or sexual assaults with juvenile victims. a. Felony child abuse/neglect cases or sexual assaults with juvenile victims SHALL be reported to the CSVU IMMEDIATELY, twenty-four hours a day, seven days a week. 2. Serious injury to a child. 3. Suspicious injury to a child reported by a medical professional. 4. Homicides in which a child may have died as the result of abuse. C. Responding officers may ask the child minimal questions to determine if probable cause of a crime exists. However, the detailed interview of child victims shall be conducted by a trained CSVU investigator. D. During “A”-Shift and on weekends, holidays, and other non-business hours, officers may contact Field Investigations Detectives, weekend duty detectives, or the on-call CSVU member. If officers contact Field Investigations Detective/weekend duty detectives, the Field Investigations Detective/weekend duty detective will make appropriate notifications to the CSVU. II. Investigations in Schools, Hospitals, and Daycare Centers A. When a complaint of child abuse, neglect, or sexual abuse is received by school, hospital, or daycare center officials, NRS §28-711 requires that they report the complaint to either law enforcement or the Child Protective Services (CPS) Hotline. B. UPB officers responding to such calls may ask the child minimal questions to determine if probable cause of a crime exists. However, the detailed interview of child victims shall be conducted by a trained CSVU investigator. 1. Once probable cause is established, the UPB officer shall contact the CSVU for further direction. C. In cases of suspected child abuse, neglect, or sexual abuse, NO ONE shall contact the child’s parents unless the investigating officer specifically requests they do so. 1. In all cases, regardless of notification by school, hospital, or daycare center staff, the investigating officer is responsible for notifying a parent regarding a child's interview or child placement in protective custody. 2. The investigating officer will make certain the notification is made in a timely manner. III. Investigations by Uniform Patrol Bureau Officers A. When responding to radio calls of child abuse/neglect, the UPB officer will determine if, in fact, abuse/neglect exists. If an officer determines that there is abuse/neglect, they shall complete an Incident Report. B. If the UPB officer determines upon arrival that a felony sexual assault occurred and the victim is 15 or younger, the officer shall not interview the victim. The officer shall contact the CSVU, and an investigator will assume responsibility for the investigation. NOTE: Responding UPB officers may ask the child minimal questions to determine if probable cause of a crime exists. C. When the abuse/neglect occurs during "B" and "C" Shifts, the CSVU shall be notified. During “A” Shift and on weekends, holidays, and other non-business hours, officers will contact Field Investigations Detectives, weekend duty detectives, or the on-call CSVU member for directions. If officers contact Field Investigations Detectives/weekend duty detectives, the Field Investigations Detective/weekend duty detective will make appropriate notifications to the CSVU. D. When an officer is unable to substantiate a complaint of child abuse/neglect or sexual assault (i.e., no visible injuries or the victim refuses to cooperate, etc.), the officer shall advise CSVU and shall prepare an Information Report (OPD Form 42). The Information Report shall be forwarded to the CSVU. IV. Initial Report and Investigation Requirements A. Reports of child abuse, neglect, or sexual abuse will list the child as the victim. B. When there is visible evidence of abuse, neglect, or sexual abuse of a child, the OPD Forensic Investigations Unit shall be called to take photographs. C. Any child who needs medical attention may be removed from the scene and taken to an emergency hospital. NOTE: Officers shall not remove children from their residence before advising the CSVU and receiving directions. During “A”-Shift and on weekends, holidays, and other non-business hours, officers will contact Field Investigations Detectives, weekend duty detectives, or the on-call CSVU member for directions. If officers contact Field Investigations Detectives/weekend duty detectives, the Field Investigations Detective/weekend duty detective will make appropriate notifications to the CSVU. D. If persons at the scene of the alleged complaint of abuse/neglect do not cooperate with the investigating officers, and no “reasonable cause facts” exist for forced entrance to check on the safety of the children, the UPB Sergeant should be contacted. 1. If entrance for inspection purposes is denied after the persons talk with the UPB Sergeant, an Information Report (OPD Form 42) shall be completed and forwarded to the CSVU. E. When more than one child is a victim in an abuse/neglect or sexual assault situation, officers shall complete one Incident Report for each child. All reports will carry the same RB Number if the incident is similar in circumstances and place. F. For each call of possible abuse/neglect or sexual assault, the above procedures shall be followed. This includes multiple calls to a particular address when the officer has found no evidence of child abuse/neglect or sexual assault. V. Victim and/or Witness Immunity A. During an investigation of a sexual assault of a child, an officer may find that a victim and/or witness has committed an alcohol or drug offense that is eligible for arrest or prosecution. Under NRS § 28-1701, a victim or a witness of a sexual assault of a child SHALL NOT be arrested or prosecuted for committing an eligible alcohol or drug offense if: 1. They reported the sexual assault of a child to law enforcement in good faith and/or requested emergency medical assistance for the victim of the sexual assault; - AND - The evidence supporting the arrest or prosecution of the victim or witness who committed the eligible alcohol or drug offense was obtained or discovered as a result of such person reporting the sexual assault of a child to law enforcement and/or requesting medical assistance for the victim of the sexual assault; - OR - 2. The evidence supporting the arrest or prosecution of the victim or witness who committed the eligible alcohol or drug offense was obtained or discovered as the result of the investigation or prosecution of the sexual assault of a child; - AND - Such person cooperates with law enforcement in the investigation or prosecution of the sexual assault of a child. NOTE: The definition of an eligible alcohol or drug offense means a violation of NRS Sections 28-416 (3) , 28-416 (13), 28-441, 53-180.02, or 53-180.05; or violation of any city or village ordinance similar to those sections; or attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding of a felony with any of the offenses mentioned in those sections as the underlying offense. VI. Affidavit for Removal A. If the child’s well-being is endangered due to neglect, abuse, or sexual abuse, the child shall be placed into protective custody. The following protective custody placement procedures apply to child abuse/neglect or sexual assault investigations. 1. When a determination is made to place the child into protective custody, the investigating officer shall contact the CSVU, prior to removing the child, to make further arrangements. a. During “A”-Shift and on weekends, holidays, and other non-business hours, officers will contact Field Investigations Detectives, weekend duty detectives, or the on-call CSVU member. If officers contact Field Investigations Detectives/ weekend duty detectives, the Field Investigations Detective/weekend duty detective will make appropriate arrangements for placement and/or notify the CSVU for assistance. NOTE: In those cases where the officer needs additional assistance to determine whether to remove a child, the officer will contact their UPB Sergeant. 2. When an officer decides to remove an endangered child for their safety during the criminal investigation, the investigating officer shall complete the following steps, in addition to completing an Incident Report: a. Complete an Affidavit for Removal of Juvenile(s) from Parental/Custodial Home (OPD Form 96). NOTE: Officers need to be specific in the narrative as to why the child(ren) are being placed into protective custody. b. Fax or email a copy of the notarized Affidavit to the CSVU. c. Place the original Affidavit in the CSVU tray at the CIB console. B. When a juvenile is placed into protective custody, at no time should the parents or legal guardian be given the address or location of the child(ren). Officers will note in original reports only that the child was placed into protective custody. VII. Distribution of Reports A. Upon completing an investigation, the investigating officer shall make certain copies of all reports pertaining to the investigation are hand-carried, faxed, or scanned and emailed to the CSVU. B. The CSVU shall provide a copy of all involved crime reports to Douglas County CPS. VIII. Follow-Up Investigation A. All investigations will be carried through to the prosecution level when warranted. All cases will be closed by: 1. Arrest of the suspect. 2. Request for a warrant. – OR – 3. Turning the case over to CPS on all cases that do not reach the level of need for prosecution of the suspect. VIIII. Newborn Safe Haven Act (NRS §43-4901 – §43-4903) A. People shall not be prosecuted of any crime based solely on leaving a child ninety (90) days old or younger in the custody of an employee on duty at a hospital, staffed fire station, staffed law enforcement agency, or an emergency care provider. B. Any time a child 90 days or younger is left in the custody of an on-duty, staffed OPD facility, personnel will notify the CSVU Lieutenant and Nebraska Department of Health and Human Services (DHHS) immediately. C. Document the surrender with body worn cameras, mobile video recorders, and/or precinct building cameras, when possible. D. Ask the surrendering person if they are willing to complete the Newborn Safe Haven Act Voluntary Information form (OPD Form 151). That person is under no obligation to do so but it will be beneficial to the care of the surrendered infant. 1. The Newborn Safe Haven Act Voluntary Information Form (OPD Form 151) shall be given to hospital staff. NOTE: The information on this form will not be shared except to provide immediate care for the infant. E. The employee shall call 911 or your local dispatch to request a Safe Haven transport of the infant via the Omaha Fire Department (OFD) to Children’s Hospital for further assessment, unless injuries would require a different hospital (i.e. trauma). 1. Inform dispatch or 911 that this is a Safe Haven transport and include the infant’s condition (i.e., healthy, obvious injuries, or health issues). F. Complete an Information Report. REFERENCES: I. Nebraska Revised Statues A. Referenced NRS: §28-416 (3), §28-416 (13), § 28-441, § 28-707, §28-711, §28-713, §28-717, §43-4901, §43-4903, §53-180.02, §53-180.05 II. Previous OPD Orders A. Previous General Orders: #9-86, 89-87, 33-88, 35-88, 107-88, 58-90, 60-91, 21-95, 3-97, 6-14, 3- 15, 37-20, 41-22, and 050-24. B. Previous Information Orders: #340-94. III. Accreditation Standards A. Relevant CALEA Accreditation Standards: 44.2.2. IV. Other A. PPM Monthly Updates #7-2018 and 10-2019. ACCREDITATION PREAMBLE: The accreditation process is important for the Omaha Police Department (OPD). Successful accreditation demonstrates to the public and others in the law enforcement community that OPD meets the very highest of law enforcement standards. As an accredited agency, OPD is able to document via compliance with accepted national standards that the Department stands as one of the finest law enforcement agencies in the nation. POLICY: It is the policy of the Omaha Police Department (OPD) to maintain law enforcement agency accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). PROCEDURE: I. Accreditation Manager A. The Accreditation Manager is accountable to the Executive Services Bureau Deputy Chief and the Chief of Police on all policy development issues related to accreditation. 1. The Accreditation Manager will receive specialized accreditation manager training within one year of being appointed. B. The Accreditation Manager is responsible for managing the process of accreditation and the written directive system. Substantive content of policies and procedures are the responsibility of the pertinent OPD command staff in conjunction with the OPD Research and Planning Unit (RPU). C. The RPU, answerable to the Accreditation Manager, will maintain the written directive system, coordinate policy and procedure review, cooperatively maintain the administrative tracking process, utilize the PowerDMS program to file proofs and track time-sensitive accreditation matters, and assist the Accreditation Manager. II. Compliance with CALEA Standards A. OPD will comply with all CALEA Standards, both “mandatory” and “other-than-mandatory,” unless the standard is: 1. Determined to be “not applicable by function” by the OPD Accreditation Manager. 2. Waived by CALEA. - OR - 3. An “other-than-mandatory” standard that is determined to be impractical for the OPD to meet. III. Accreditation Training A. The Accreditation Manager will make certain OPD conducts accreditation training during the assessment phase prior to reaccreditation. 1. The Accreditation Manager will coordinate with the OPD Training Unit, as needed. 2. Accreditation training may be accomplished via an OPD Training Bulletin, an in-class or online OPD training course, an OPD Information or General Order, or other method. B. OPD employees will be informed of upcoming accreditation on-site assessments prior to the event. IV. New Employee Accreditation Training A. New sworn employees will receive accreditation training during the Academy. B. New non-sworn employees will receive accreditation training during their initial orientation training. V. Accreditation Maintenance A. Reaccreditation will remain a part of the OPD’s annual Strategic Plan goals and objectives review. B. To maintain accredited status, the OPD adheres to a four year reaccreditation cycle. 1. The OPD must remain in compliance with applicable standards during all four years of each reaccreditation cycle. 2. The four years following an accreditation award are referred to as the “assessment phase.” a. During the assessment phase, the RPU determines and maintains compliance with all applicable CALEA accreditation standards. b. The RPU compiles documentation (i.e., “proofs”) to demonstrate compliance and prepares the accreditation files within the PowerDMS program. c. Selected accreditation files, statistical tables, and/or reports will be reviewed each year by CALEA as part of an annual web-based assessment. d. The Accreditation Manager will submit an Annual Status Report to CALEA each year. 3. At the conclusion of each four year assessment phase, an on-site CALEA assessment will occur. This is followed by an official CALEA Commission review and subsequent award of reaccreditation issued by CALEA which finalizes the reaccreditation process. 4. Subsequent to each reaccreditation award, an assessment phase again begins in which OPD determines and maintains compliance with all applicable standards. C. The RPU will utilize the PowerDMS program and shared RPU tracking lists and other methods in order to accomplish periodic reports, reviews, and other activities required by applicable accreditation standards. 1. PowerDMS and other shared RPU tracking lists and documents are used to track deadlines and to inventory documents. 2. The periodic reports and other documents required by accreditation standards will be sent to the RPU as necessary and/or upon request. REFERENCES: I. Previous OPD Orders A. Previous OPD General Orders include the following: #27-00, 22-03, 38-06, 05-07, 30-07, 5-15, and 87-16. II. Accreditation Standards A. CALEA Accreditation standards 11.4.3, 12.2.1, 33.5.3 and 33.5.4 are relevant to this policy. ADULT PROTECTIVE SERVICES POLICY: It is the policy of the Omaha Police Department (OPD) to promptly investigate reports of Vulnerable Adults who are suspected of being the victims of abuse, neglect, self-neglect, or exploitation, consistent with Nebraska Revised Statutes (NRS) §28-348 through §28-387 (Adult Protective Services Act) and NRS §8-2904 through §8-2909 (Protection of Vulnerable Adults from Financial Exploitation Act). Coordination of the investigation and services to the Vulnerable Adult will be made with the Adult Protective Services Unit of the Nebraska Department of Health and Human Services (NDHHS). DEFINITIONS: Adult Abuse: Per NRS §28-351; abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a Vulnerable Adult. Abuse may result from neglect by a caretaker or responsible person, or by means of self-neglect. Essential Services: Per NRS §28-357; this means services necessary to safeguard the person or property of a Vulnerable Adult, including but not limited to sufficient and appropriate food and clothing, temperate and sanitary shelter, treatment of physical needs (i.e. medical or psychiatric needs), and proper supervision. Exploitation: Per NRS §28-358; this includes the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a Vulnerable Adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a Vulnerable Adult or senior adult. Financial Exploitation: Per NRS §8-2905; this includes the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an eligible adult; or any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to: (i) Obtain control, through deception, intimidation, or undue influence, over the eligible adult's money, assets, or other property to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or other property; or (ii) Convert money, assets, or other property of the eligible adult to deprive such eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or other property. Vulnerable Adult: Per NRS §28-371; an adult eighteen (18) years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code. This could include adults who suffer mental illness, mental retardation or cognitive conditions, or senility. NOTE: NRS, as part of the Adult Protective Services Act also defines “Isolation” (NRS §28-358.01), “Neglect” (NRS §28-361.01), “Physical Injury” (NRS §28-363), “Proper Supervision” (NRS §28-364), “Self-Care” (NRS §28-366), “Senior Adult” (NRS §28-366.01), “Sexual Abuse” (NRS §28-367), “Sexual Exploitation” (NRS §28- 367.01), “Substantial Functional Impairment” (NRS §28-368), “Substantial Mental Impairment” (NRS §28-369), and “Unreasonable Confinement” (NRS §28-370). PROCEDURE: I. Warning Signs and Reporting – Vulnerable Adult Abuse/Neglect A. Employees who respond to a radio call or on-view complaint regarding a Vulnerable Adult who has been the victim of abuse, neglect, self-neglect, or exploitation will: 1. Render Aid. In an emergency, ensure the person receives appropriate medical assistance. 2. Observe the warning signs, which may include the following: a. Physical Abuse: Observe the adult for signs of abrasions, bed sores, bruises, burns, dehydration, malnutrition, over sedation, welts, untreated old injuries, etc. b. Psychological Abuse: Humiliation, intimidation, isolation, threats, and verbal assault. c. Neglect: Lack of medication, clothing, shelter, house cleaning, heat, food, personal care, glasses, false teeth, supervision, etc. d. Victim's Behavioral Signs: Confusion, depression, fear, inability to reach food, water or sanitary facilities, abandoned. 3. Complete an Incident Report and select the appropriate box (Adult Abuse, etc.). The Incident Report should document the following: a. Name, address, age (of the Vulnerable Adult and the care person). b. Nature and extent of the vulnerable person's incapacity and the specific abuse, neglect, or exploitation. 4. Email the OPD Adult Special Victims Unit, Domestic Violence Squad (email address listed in Appendix A) to notify them of the Incident Report. The email should include the PortalOne report number, the RB number, and the victim’s name and date of birth. a. The Domestic Violence Squad will print a copy of the Incident Report, write “Attention APS” on the top of the front page, and fax the report to APS. 5. Document any physical evidence and, when necessary, contact the Forensic Investigations for photographs. 6. Conduct a computer check via the Information Operator. This can determine when APS has been previously involved with an individual. Officers should determine if the adult has been in contact with APS to help coordinate services and obtain as much pertinent information that is available for a complete report on the adult. II. Referral to Adult Protective Services (APS) A. The APS Unit of the NDHHS is responsible for the investigation of cases of alleged abuse of Vulnerable Adults. Services may include arranging and coordinating information and referrals to community resources. The NDHHS may also initiate Board of Mental Health petitions, and reports to law enforcement and/or the County Attorney based on the results of their investigation. 1. Adult Protective Services is located at 1313 Farnam Street and is available Monday through Friday, from 0800 to 1700 hours. APS will be contacted directly by the officer during normal business hours (See Appendix A for phone numbers). 2. The APS Hotline number is 1-800-652-1999. It is a statewide 24-hour toll free number. Weekends and after hours, Hotline staff can take information and facilitate referrals to the appropriate agency. In cases of emergencies, the Hotline can contact the APS Supervisor or an APS worker for advice. APS workers will not make an in-person visit; however, they may contact the officer by phone to discuss the situation, provide assistance, and commit to APS follow-up if the officer requests. Officers will contact the APS Hotline during non-business hours. B. An Incident Report will be completed. In addition to the normal submission of the Incident Report, officers will: 1. Call APS or the APS Abuse Hotline. 2. Print a copy of the Incident Report, write “Attention APS” at the top of the front page, and fax the Incident Report to APS and the Domestic Violence Squad in all situations except for cases of Sexual Assault of a Vulnerable Adult. In cases of a Sexual Assault of a Vulnerable Adult, officers will: a. Contact the Adult Special Victims Unit (ASVU), Monday through Friday, during “B” and “C” Shifts. However, during “A” shift and on weekends, holidays, and other non-business hours, officers will contact Field Investigations Detectives or weekend duty detectives. The Field Investigations Detectives/weekend duty detective will make appropriate notifications to the ASVU. b. Refer to the PPM Policy “Adult Sexual Assaults – Investigations” for more guidance on how to handle these types of assaults. c. Refer to Nebraska Revised Statute 28-1701 or the “Adult Sexual Assaults – Investigations” policy for information regarding immunity from arrest or prosecution for committing an eligible drug or alcohol offense for victims and/or witnesses of sexual assaults. C. Upon receipt of an Incident Report, APS will route a response form to the Domestic Violence Squad that indicates the action taken on that referral. Cases accepted for investigation will have the worker's name and number. Some reports will be handled without investigation, but will be referred and followed up by other agencies. D. All reports accepted for investigation and the results of the investigation are forwarded to the Central Abuse Registry in Lincoln and to the OPD Data Review Squad. At the Data Review Squad, they are input into the computer and then routed to the Adult Special Victims Unit, Domestic Violence Squad. III. Life Threatening or High-Risk Situations A. If an officer is at the scene with a Vulnerable Adult and believes the situation to be life threatening or at high risk to the adult's safety, APS may be contacted for assistance. After hours and weekends, call the Hotline. 1. An APS worker may arrange shelter or medical care, or may initiate legal intervention (ex parte order). 2. APS may request an officer to provide transportation. 3. This process does not always involve a voluntary committal, and it is an alternative to committal at a mental hospital when a person is not an active danger to themselves or to another but is mentally impaired to the point where they cannot care for themselves. B. In an emergency, a Vulnerable Adult may be involuntarily placed temporarily. An emergency exists concerning a Vulnerable Adult when other protective services are unavailable or insufficient for the adult's protection. C. APS may obtain an ex parte order authorizing short-term involuntary adult protective services or temporary placement by application filed to the County Attorney, who, in turn, files with the County Court. D. An officer accompanied by an APS worker may enter the Vulnerable Adult's premises with a court order. Forcible entry may be made only after the court order has been obtained, unless there is probable cause to believe that the delay of such entry would cause the Vulnerable Adult to be in imminent danger of life, threatening physical injury, or denial of essential services. E. If, from personal observations it appears that the adult is in imminent danger, then an officer may take the adult into custody and transport them to an appropriate medical or protective facility. F. APS will assist in making placement arrangements. Copies of the Incident Report will be immediately faxed to the APS and the Douglas County Attorney (See Appendix A for numbers). IV. Vulnerable Adult Financial Exploitation A. Crimes of Vulnerable Adult Financial Exploitation often involve offenses such as fraud, impersonation, or theft, and therefore, the Burglary Unit is often the initial OPD unit contacted and/or assigned the case. 1. Due to the nuances and difficulties of these cases, additional resources that may need to be consulted in these types of investigations may include, for example: OPD’s Adult Special Victims Unit, Adult Protective Services, the Nebraska Department of Banking and Finance, the OPD Behavioral Health and Wellness Unit, the Vulnerable Adult’s medical or mental health providers, caregivers, or financial agents or broker-dealers (as defined in the Protection of Vulnerable Adults from Financial Exploitation Act), or others. V. Nebraska Legislation A. The Adult Protective Services Act is contained in NRS §28-348 through §28-387. The NRS provides the intent of the legislation (§28-349), procedures for reporting abuse (§28-373), and involuntary short-term protective placement of a Vulnerable Adult (§28-387). B. The Protection of Vulnerable Adults from Financial Exploitation Act is contained in NRS §8-2904 through §8-2909. REFERENCES: I. Nebraska Revised Statutes A. NRS §28-348 through §28-387 are referenced in this policy. NRS §8-2904 through §8-2909 are also applicable. II. Previous OPD Orders A. Previous General Orders: #18-84, 7-91, 23-93, 10-04, 6-14, 19-15, 60-21, and 40-22. III. Other A. PPM Monthly Updates: #07-2018, 10-2019, and 08-2021. ADULT SEXUAL ASSAULTS - INVESTIGATIONS PREAMBLE: Trauma Informed Sexual Assault Investigations strengthen the Omaha Police Department’s response to victims of sexual assault by providing a belief-based response to the victim. Officers will be aware that trauma affects victims’ memories, actions, and behavior. Decisions made by law enforcement are critical to ensuring a compassionate response to victims while conducting an effective investigation. Nebraska Revised Statute (NRS) §28-902 was amended in 2018 to give victims of sexual assault, age 18 or older at the time of the assault, the option to report anonymously. An anonymous reporting procedure offers victims an opportunity to obtain medical attention and collection of evidence without providing details of the sexual assault. Health care providers are still required to report to law enforcement physical injuries which appear to be the result of the commission of a criminal offense, including serious bodily injuries or any bodily injury where a deadly weapon was used to inflict such injury in connection with an actual or attempted sexual assault. Regardless of the victim’s decision, health care providers are mandatory reporters. Health care providers are still required to report to law enforcement physical injuries which appear to be the result of the commission of a criminal offense, including serious bodily injuries or any bodily injury where a deadly weapon was used to inflict such injury in connection with an actual or attempted sexual assault. POLICY: It is the policy of the Omaha Police Department (OPD) to fully investigate sexual assaults in conjunction with community partners (i.e., Project Harmony, hospitals, advocates, etc.) while protecting the well-being of the victim. Victims of sexual assault will be treated with compassion and dignity recognizing the incident is a traumatic event. OPD officers shall follow special techniques in the investigation of sexual assaults. Officers will adhere to the procedures in the OPD “Abuse/Neglect/Injury – Child” policy when investigating the sexual assault of a child. DEFINITIONS: Anonymous Reporting: A reporting protocol that allows the identity of the victim, his or her personal or identifying information, and the details of the sexual assault or attempted sexual assault to remain confidential and undisclosed by the health care provider, other than submission to law enforcement of any sexual assault evidence collection kit, unless and until the victim consents to the release of such information Sexual Assault Nurse Examiner (SANE): A Registered Nurse who has received special training so that they can provide comprehensive care to sexual assault victims. In addition, they are able to conduct a forensic exam and may provide expert testimony if a case goes to trial. Trauma Informed Sexual Assault Investigations: Belief-based method of investigating sexual assaults that is sensitive to victims’ needs and the effects of trauma on victim behavior while avoiding re-traumatization of the victim. This form of investigation focuses on treating victims of trauma while employing the most effective methods to investigate crimes. PROCEDURE: I. Initial Response A. In most cases, the initial response to a sexual assault victim is conducted by Uniform Patrol Bureau (UPB) officers. It is imperative that this initial encounter be done in a compassionate manner that recognizes the impact of trauma on the victim. Initial responding officers shall adhere to the following procedures: 1. Officers will establish that a sexual assault or other crime has been committed. a. Determine that the statutory elements occurred for the crime alleged. b. Determine when the sexual assault occurred. Often times, victims report sexual assaults a significant time after the incident. NOTE: Only minimal information about the details of the crime is needed at this time. 2. Officers will ensure the safety of the victim and provide any medical treatment if necessary. a. Victims should be encouraged to seek a sexual assault kit, which is provided at no cost to the victim, as soon as possible due to the rapid loss of evidence in these types of incidents. 3. Officers will identify any witnesses to the sexual assault. 4. If possible, officers will identify the suspect of the sexual assault. a. If the suspect is a public figure, such as a teacher, counselor, coach, pastor or other prominent person, officers will not attempt to make an arrest until an Adult Sexual Assault Squad (ASA) Supervisor has authorized such an arrest. EXCEPTION: This does not apply to crimes in progress or when a suspect is still present and the crime has just occurred. b. Officers SHALL NOT ask the victim if they want to prosecute the suspect. 5. Once the initial responding officer has determined a sexual assault has occurred the officer shall notify the appropriate CIB unit. a. On “B” and “C” Shift, Officers shall notify the ASA directly. b. On “A” Shift, officers shall notify the “A” Shift Field Investigations Detective. Officers will not contact the On-Call ASA Detective directly. The “A” Shift Field Investigations Detective will evaluate the incident and notify the On-Call ASA Detective as appropriate. 6. Based on the incident details, ASA or a Field Investigations Detective may direct officers to safeguard the crime scene in accordance with the OPD “Crime Scenes” policy. a. If the crime scene is at a different location than the victim, the initial responding officer will request additional officers to secure the crime scene after advisement from the ASA. b. If consent to enter the crime scene cannot be obtained, officers will secure the scene until an ASA Detective can obtain a search warrant. c. Officers will secure a sexual assault crime scene in the same manner as a homicide crime scene as detailed in the OPD “Crime Scenes” policy. d. Initial responding officers will notify ASA or Field Investigations Detectives (when on “A” Shift) prior to contacting Forensic Investigations Unit (FIU) with details as to crime scene location and evidence that may need to be collected. (1) Officers will be aware that sexual assault evidence, such as bodily fluids, may be present at the crime scene and take caution to preserve such evidence for collection by FIU employees. (2) If a crime scene is to be processed, officers will request that FIU take photographs and process the crime scene as necessary. NOTE: If an officer responds to a felony sexual assault, they will contact ASA or, if on “A” Shift, Field Investigations Detectives, who will determine the appropriate personnel to be sent to the crime scene. 7. If the report is being taken at a different location than the crime scene, officers will preserve and safeguard any evidence the victim may have with them (i.e., clothing, cell phone recordings and/or photographs, etc.). 8. Officers will advise the victim of the steps in the investigation (evidence collection, interviews with witnesses and suspects, etc.) and advise the victim that a follow-up interview will likely occur at some point in the future. 9. Officers will provide the victim with telephone numbers for the following resources (See Appendix A for the telephone numbers): a. The Omaha/Douglas County Victim/Witness Assistance Division. b. The Women’s Center for Advancement. c. The OPD Adult Sexual Assault Squad. d. Any additional referrals for advocates as appropriate. 10. Officers will make certain that all appropriate tests are completed as advised by ASA. a. DNA samples will only be collected after advisement by the ASA and will be collected in accordance with the OPD “Collection of DNA Reference Samples” policy. b. If victim consents to sexual assault kit, trained medical personnel will administer the kit. (1) Officers will complete appropriate reports as advised by ASA to document that a sexual assault kit was completed. (2) Area hospitals will contact the OPD when the kit is completed and ready for transport and booking into evidence. (3) Officers will provide the SANE with the RB#. (4) Officers will obtain the sexual assault kit serial number from the SANE and include it in the narrative of their report and in the serial number field when booking the kit into property as evidence. 11. Officers will complete all applicable reports. a. Officer’s opinions or judgments regarding the validity of the victim’s disclosures shall not be included in reports. b. For non-cooperating victims, officers will: (1) Collect all information; - AND - (2) Check the “No” box in the “Victim will Prosecute” section of the Incident Report (OPD Form 189). II. Victim and/or Witness Immunity B. During an investigation of a sexual assault, an officer may find that a victim and/or witness has committed an alcohol or drug offense that is eligible for arrest or prosecution. Under NRS §28- 1701, a victim or a witness of a sexual assault SHALL NOT be arrested or prosecuted for committing an eligible alcohol or drug offense if: 1. They reported the sexual assault of an adult to law enforcement in good faith and/or requested emergency medical assistance for the victim of the sexual assault; - AND - The evidence supporting the arrest or prosecution of the victim or witness who committed the eligible alcohol or drug offense was obtained or discovered as a result of such person reporting the sexual assault of an adult to law enforcement and/or requesting medical assistance for the victim of the sexual assault; - OR - 2. The evidence supporting the arrest or prosecution of the victim or witness who committed the eligible alcohol or drug offense was obtained or discovered as the result of the investigation or prosecution of the sexual assault of an adult; - AND - Such person cooperates with law enforcement in the investigation or prosecution of the sexual assault of an adult. NOTE: The definition of an eligible alcohol or drug offense means a violation of NRS Sections 28-416 (3), 28-416 (13), 28-441, 53-180.02, or 53-180.05; or violation of any city or village ordinance similar to those sections; or attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding of a felony with any of the offenses mentioned in those sections as the underlying offense. III. Anonymous Reporting A. Medical providers must have the victim’s consent to release their name unless the victim is suffering from a serious bodily injury or the victim had bodily injury where a deadly weapon was used to inflict such bodily injury. 1. Anonymous reporting is not an option for injuries that require mandatory reporting or victims under the age of 18. B. A SANE or other health care provider will collect a sexual assault kit. 1. The health care provider shall provide the victim with information detailing reporting options and the kit’s serial number. NOTE: When a victim chooses anonymous reporting, the anonymity is between the victim and law enforcement. The medical provider/record is the one place that the victim’s name and the sexual assault kit’s serial number are both contained. Medical providers must have the victim’s consent to release their name. C. A SANE or other health care provider will contact the OPD when an anonymous kit has been completed and is ready for transport. 1. Officers will provide the SANE with the RB#. 2. The SANE will notate the kit’s serial number and RB# in the victim’s medical record. D. An officer will transport and book the kit into evidence. 1. The officer shall complete an Information Report (OPD Form 42) with the SANE or health care provider information and details of recovering the kit. The kit’s serial number shall be included in the narrative of the report. NOTE: No details regarding the incident will be provided to the responding officer nor will they be documented in any report(s). 2. The Sexual Assault Kit’s serial number shall be logged into SAFE when booking the kit into property as evidence. The serial number is the only means of tracking the kit in the future. E. Victims may contact the OPD to participate in the investigation. 1. Victims who previously reported anonymously will be asked to provide a copy of their medical records or a release for their medical records in order for an investigation to be conducted. IV. Investigator Response A. On “A” Shift, Field Investigations Detectives shall evaluate all initial calls concerning sexual assaults to determine if the On-Call ASA detective should be contacted. 1. Field Investigations will adhere to the same procedures followed when responding to felony assaults or homicides with unit notification (ASA). 2. Investigator call-outs will occur at the discretion of the Unit Commander. V. Actual or Imminent Breach of Personally Identifiable Information A. Actual or imminent breach of personally identifiable information (PII) within the scope of any Office of Justice Program (OJP) grant-funded program or activity shall be reported to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach or the detection of an imminent breach. 1. PII means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. 2. OPD employees shall make immediate notification of any actual or imminent breach by contacting the City of Omaha, Mayor’s Office, Grant Manager (See Appendix A for phone number.). REFERENCES: I. Nebraska Revised Statues A. The following NRS are referenced in this policy: §28-416 (3), §28-416 (13), § 28-441, §28-902, §53-180.02, §53-180.05. II. Previous OPD Orders A. Previous General Orders include: #58-17, 80-18, 4-19, and 39-22. III. Accreditation Standards A. Relevant CALEA accreditation standards include: 42.1.4, 42.2.1, 83.2.1, 83.2.2, and 83.2.7. IV. Other A. PPM Monthly Updates #6-2018 and 10-2019. ALARMS - INTRUSION POLICY: It is the policy of the Omaha Police Department (OPD) that officers who respond to an intrusion alarm will determine if the alarm is real or false. When the officer returns to service, they will advise 911 Dispatchers if the alarm was real or false. The final disposition code for the call will be provided to 911 Dispatchers. PROCEDURE: I. Dispatch to an Intrusion Alarm A. Upon notification of an intrusion alarm, two officers will be dispatched. In the event of an unverified intrusion alarm only, the first officer on the scene may initiate a review of the premises or building, but will NOT cancel the backup unit prior to determining that the alarm is actually a false one. B. If there appears to be any indication of criminal activity, officers will observe the area from a safe vantage point and wait for the necessary backup support. II. Response to Intrusion Alarm A. When officers respond to an intrusion alarm, they will physically check the doors, windows, and if possible, inside fenced areas to determine if entry has been gained into the alarmed structure. Officers will also accompany security officers, when on the scene, inside the buildings to fully check for possible entrance gained through the roof or from adjacent buildings. B. When officers respond to an intrusion alarm, they will determine if the alarm was a real alarm or false alarm taking the following elements into consideration: 1. Real (Good) Alarm: There is some type of indication that criminal activity took place, including but not limited to the following: a. Signs of entry or attempted entry. b. Broken windows. c. Suspicious footprints, tire tracks, etc. 2. Apparent False Alarm: There is no indication or evidence of criminal activity; the building appears secure. III. Alarm Records A. The Douglas County 911 Communications Director will establish the guidelines for recording alarm information and dispatchers will be responsible for recording the information in the CAD system. REFERENCES: I. Previous OPD Orders A. Previous OPD General Orders include #90-87, #12-93, #48-02 and #6-14. ALARMS – SILENT ALARMS – FINANCIAL INSTITUTION AND PHARMACIES CONFIDENTIAL INFORMATION: THIS POLICY IS CONFIDENTIAL IN ITS ENTIRETY. PREAMBLE: The Omaha Police Department (OPD) developed its silent alarm response policy with the assistance of several financial institutions. This policy for financial institutions follows a call-back system which involves the interaction between the financial institution, OPD, and Douglas County Communications Department (DC 911). Historically, each cooperating financial institution had its own designated call-back number and authorized contact person; however, due to the large number of financial institution consolidations and reorganizations, not all financial institutions have designated call-back numbers or authorized contact employees. The procedures contained within this policy do not require strict adherence to the historic silent alarm response policy, but officers should be aware that some financial institutions may still follow the historic aspects of that policy. The OPD and Federal Bureau of Investigation (FBI) jointly investigate robberies of FDIC-protected financial institutions and armored vehicles that occur within the Omaha city limits. In recent years, pharmacies have begun to use silent alarms to track certain prescription medications. These silent alarms are GPS-enabled mobile security devices that are triggered when the prescription medications are moved without authorization. Officers should respond to a silent alarm call at a pharmacy in the same way they would respond to a silent alarm call at a financial institution. DEFINITIONS: Bait Bills: Pre-recorded, serial numbered currency from tellers’ cash drawers. Dye Packs: Explosive money packs that produce a colored marker. Global Positioning System (GPS): A system of satellites and ground stations monitored by the U.S. Air Force to provide accurate latitude, longitude, and altitude information to dedicated receivers. Man Traps: A building exit that requires a person to exit the facility through two doors. The doors can be locked, trapping the person in a breezeway and preventing them from leaving. Mobile Security Device (MSD): A security device that is mobile in nature and used for the purpose of personal safety and/or asset protection. This device may be installed in or attached to motor vehicles, electronics, merchandise, etc. Mobile Unit / Electronic Satellite Pursuit (ESP): GPS tracking system which uses a combination of cellular signals and global positioning to track a GPS tracking device disguised to look like bills or attached to certain medications within a pharmacy. Signal 20: Dispatch will use this radio code on a primary dispatch channel when a GPS tracking device (Mobile Unit) is activated during a robbery. Dispatch will then direct officers and command to switch to an encrypted B zone radio channel to hear details of the crime such as suspect location, suspect descriptions, and direction and speed of travel, etc. POLICY: It is the policy of the OPD that, when a silent alarm is triggered at a financial institution or pharmacy, officers will not enter the building until the alarm has been verified as an actual crime in progress call. When responding to a verified crime in progress call, officers will adjust their response to the situation based on information received from either DC 911 or employees of the financial institution or pharmacy. A call-back is required from DC 911 to the financial institution or pharmacy prior to officers making entry. PROCEDURE: I. Calls Received by DC 911 A. When a silent alarm is received by DC 911 from a financial institution or pharmacy, a minimum of two (2) units will be dispatched to include a primary and a backup officer. B. As soon as the officers are dispatched and prior to officers making entry, DC 911 will initiate a confirmation call to an employee at the alarmed facility to attempt to determine whether the alarm is real or false. C. Upon arrival at the facility, the officers may choose not to enter the building until an employee meets them at a designated area. This procedure may be followed regardless of whether the alarm is real or false. D. Officers will assess the location of the alarm call and consider that many financial institutions and pharmacies are located inside non-traditional buildings. These facilities often have limited employees who may not be able to meet officers outside. 1. Officers may be unable to identify a false alarm based upon traditional criteria, as described herein, since parties may be located deep inside building facilities, such as hospitals, retirement homes, and grocery stores. II. Financial Institution / Pharmacy Employees A. Financial institution and pharmacy employees will follow their established security procedures. B. Employees may not initially exit the building. After assessing the situation, the primary officer will determine if it is necessary to have an employee come outside. 1. The primary officer will contact the 911 dispatcher and ask the dispatcher to call the financial institution or pharmacy and ask them to send an employee outside. NOTE: Historically, designated financial institution employees would display an orange card to identify themselves. Some financial institutions may still use this method of identification. C. Officers should not approach the employee unless confident that the employee is far enough away from the building that they are not under the direct control of a suspect. III. Alarm Response A. All Alarms 1. A minimum of two (2) officers will be immediately dispatched to include a primary and backup officer. a. As soon as officers are dispatched and prior to their arrival, DC 911 will initiate a confirmation call to an employee at the alarmed facility in an attempt to determine if the alarm is real or false. B. Verified Alarm Response 1. DC 911 will advise in one of two ways that the alarm is real: a. They will obtain confirmation when they contact a financial institution or pharmacy employee. - OR - b. They will receive no answer when they place the call. 2. If DC 911 receives verbal confirmation of a real alarm and the suspect(s) has left, then they will obtain all descriptive information and broadcast it. DC 911 will also request that an employee go to a designated area to wait for the primary officer. 3. If DC 911 determines the alarm is real and the robbery is in progress, responding officers will maintain a position of concealment and protective cover to observe the entire perimeter of the alarm location. a. The primary officer will call for backup units and a Field Sergeant. (1) The primary officer will direct backup units to strategic locations away from the alarm location. (2) The Field Sergeant will proceed to the primary officer's location. 4. Any confrontation with the suspect(s) must, if possible, take place outside the financial institution or pharmacy and away from bystanders. C. Unverified Alarm Response 1. If DC 911 has not determined whether the alarm is real or false by the time officers are in the area, responding officers will take a position of concealment and protective cover from where they can observe the entire perimeter of the alarm location. a. After responding officers have observed the area around the facility for suspicious activity, they will request DC 911 to place another call to the alarmed facility to determine the status of the alarm. If the alarm proves to be false, an employee will be requested to meet the primary officer in a designated area. D. Plainclothes Officers 1. The initial response to silent alarms is the responsibility of the Uniform Patrol Bureau. 2. Plainclothes officers who respond to a silent alarm will advise DC 911 who will in turn advise the responding cruiser officers. 3. All plainclothes officers who respond to an alarm will display their badge on their outer garment. 4. Any plainclothes officers responding to silent alarms must also take a position of concealment and protective cover and advise the primary officer of their location. Plainclothes officers would assume the role of backup. 5. Officers will keep in mind that FBI agents will arrive at bank robbery locations in plainclothes. The FBI broadcasts all bank robberies on their radio system and every available agent in the area is expected to respond. Bank robberies are investigated by both federal and local authorities. E. Special Considerations upon Officers’ Arrival 1. Financial institutions and pharmacies have a variety of security options available to them including: a. Video/Surveillance Systems. b. Dye Packs. c. Bait Bills. d. Man Traps. e. Mobile Units / Electronic Satellite Pursuit (ESP). 2. Mobile Unit/ESP Activation a. DC 911 will be notified via an alert when a Mobile Unit/ESP is activated. DC 911 can then track the movement of the Mobile Unit/ESP via the Internet. (1) Dispatch will alert officers and command of a Mobile Unit/ESP activation by announcing “Signal 20” over the primary dispatch channel. Dispatch will then direct officers and command to switch to an encrypted B zone radio channel to hear details such as suspect description, direction of travel, speed of travel, and nearest address, etc. (a) DC 911 will provide responding officers with the location of the device in real time. (b) The device will be identified as the ‘Mobile Unit.’ EXAMPLE: “Signal 20. 2Adam64 and 2Adam65, Command 60, switch to B-3 for information.” (Officer and command will switch to encrypted channel B-3 for further information at this time). “A bank robbery just occurred at the Great Western Bank located at 24th and “L” Streets. The Mobile Unit has been dispatched. It is now traveling eastbound on “L” Street from 24th Street. Rate of speed appears to be 45 mph. A possible suspect vehicle is a blue four-door sedan. The suspect is described as a white male, wearing a brown jacket and blue jeans. The suspect indicated he had a gun, but none was shown. It is unknown if other suspects are in the vehicle. The Mobile Unit is now northbound on 13th Street crossing “B” Street, still northbound. All cars responding, the Mobile Unit has stopped at 13th and Vinton Streets.” (2) A command officer should respond to any Mobile Unit/ESP activation. Responding officers should consider that a suspect vehicle description may not be available or the suspect may be on foot. Officers should consider the following factors when determining whether to make a felony traffic stop on a possible suspect vehicle. (a) Has this vehicle followed the path of the Mobile Unit for a period of time? It could be difficult to determine which vehicle the Mobile Unit is in if the vehicle is going in a straight line such as eastbound on Dodge Street. (b) Does the driver or passenger of the vehicle match the general physical description provided by witnesses? Keep in mind the suspect may have an accomplice and might not be the driver. The suspect may also make efforts to alter their appearance. (3) Felony traffic stop procedures should be followed. (a) Officers should make certain additional officers are available to set a perimeter in case of a foot pursuit. (b) Officers should determine if Able 1 or K9 is available to assist. (c) Officers may want to consider placing stop sticks ahead of the suspect vehicle prior to conducting the traffic stop. (d) Officers should consider that the Mobile Unit may be located by the suspects and purposely placed in an unsuspecting person’s vehicle to interfere with officer response. (4) If the Mobile Unit becomes stationary, a perimeter should be established. CIB should be notified and dispatched with the handheld device tool used to locate the Mobile Unit. (a) This device assists officers by limiting their search based upon the strength of the signal sent by the Mobile Unit. This is helpful if a suspect vehicle pulls into a parking lot or enters an apartment complex, or in other scenarios where there are multiple locations to search. (b) Only CIB officers who have been trained to use the handheld device will use it. b. If a Mobile Unit remains stationary in the financial institution or pharmacy, DC 911 will follow OPD procedures regarding Silent Alarm Response. Officers will consider this to be a real alarm until it is determined to be false. c. The integrity of the Mobile Unit/ESP and other security options relies on confidentiality. Bank and pharmacy robberies are high profile investigations that always attract media attention. (1) Officers will not document the security options available to financial institutions or pharmacies in the Incident Report. (2) The PIO will not publicize to the media how officers obtained their information. d. Techniques to deactivate Mobile Unit/ESP and dye packs are known to criminals. (1) One such method is to dunk the packs into water or other liquids. Officers who receive calls of suspicious parties prowling financial institutions or other locations with financial institutions in them should notify CIB if parties have containers, such as paint cans, Tupperware, or five-gallon buckets full of liquid. (2) The details of the stop should be thoroughly documented on an Information Report. F. False Alarm Response 1. If DC 911 determines the alarm is false prior to the officer’s arrival in the area, DC 911 may direct an employee to a designated area to wait for responding officers. 2. Responding officers will be notified that the alarm is false and advised to meet the employee in the designated area. a. DC 911 will advise the officer of the designated area’s location. 3. If DC 911 confirms a false alarm, the responding officers will meet the employee in the designated area. a. When the employee is observed, the primary officer will meet them for debriefing. b. The backup officer will maintain their position until the primary officer has met the employee and given a Signal 88. REFERENCES: I. Previous OPD Orders A. Previous General Orders: #96-88, 27-89, 92-89, 34-92, 55-01, 19-08, 6-14, 92-17, 92-17, Supplement #1, and 38-23. ALCOHOL AND DRUG TESTING – OPD EMPLOYEES POLICY: It is the policy of the Omaha Police Department (OPD) to comply with the City of Omaha Human Resources “Drugs and Alcohol” policy and to conduct drug and alcohol testing for all sworn OPD employees in accordance with the Omaha Police Officer’s Association collective bargaining agreement (CBA). PROCEDURE: I. The City of Omaha Human Resources “Drugs and Alcohol” Policy A. OPD employees may access the City of Omaha Human Resources “Drugs and Alcohol” policy here (City of Omaha Human Resources Department web site, HR Policies page). B. The OPD will adhere to all alcohol and drug testing procedures outlined in the City of Omaha Human Resources “Drugs and Alcohol” policy when conducting drug and alcohol testing. II. Drug and Alcohol Testing for Sworn OPD Employees A. In addition to drug and alcohol testing required by the City of Omaha Human Resources “Drugs and Alcohol” policy, the Chief of Police may: 1. Order random drug and alcohol tests to be administered to all sworn OPD employees in accordance with the procedures outlined in the CBA. 2. Order drug and alcohol tests to be administered to sworn OPD employees: a. A sworn OPD employee is involved in an on-duty automobile crash. b. A sworn OPD employee fires their weapon on-duty in a situation other than training. B. The OPD will adhere to all alcohol and drug testing procedures outlined in the City of Omaha Human Resources “Drugs and Alcohol” policy, as well as the CBA when conducting drug and alcohol testing for sworn OPD employees. REFERENCES: I. Previous OPD Orders A. Previous General Orders include the following: #14-90, 90-02, and 54-14. II. City of Omaha Human Resources Policies A. City of Omaha Human Resources “Drugs and Alcohol” policy (#35). III. Accreditation Standards A. CALEA Accreditation Standards: 26.1.1, 52.2.6. IV. Other A. PPM Monthly Updates: #5-2017, 12-2017, and 3-2020. ALLOCATION AND DISTRIBUTION OF PERSONNEL POLICY: It is the policy of the Omaha Police Department (OPD) to complete documented workload assessments of all organizational components at least once every four years to encourage the equalization of individual workloads among and within organizational components and to ensure the effective and efficient distribution of personnel and resources. DEFINITIONS: Allocation of Personnel: Determination of overall numbers of personnel in the department and for each organizational component within the department. Organizational Component: A subdivision of the department, such as bureau, unit, section, or position that is established to provide a specific function. I. Workload Assessments A. Workload assessments will be coordinated at the direction of the Research and Planning Unit (RPU) Supervisor. 1. The RPU is the designated unit responsible for collecting workload data from available resources and compiling analysis information of all organizational components. a. Workload analyses may combine manual and electronic processes based on existing and future technology. b. The nature or number of tasks and their complexity, location, and time required for completion will be considered. c. Organizational components are stated in the OPD Organizational Structure policy and on the Organizational Chart. B. Assessment Methodology 1. Uniform Patrol Bureau (UPB) workload assessments will be based on an analysis of data to include: a. Number of incidents handled by UPB units within a specified time period. b. Average time required to handle an incident. c. Location of each authorized position within the agency’s organizational structure. d. Position status information, whether filled or vacant, for each authorized position in the agency. 2. Criminal Investigations Bureau (CIB) workload assessments will be based on an analysis of data to include: a. Number of reported cases assigned to CIB units within a specified time period. b. Time lost through days off, holidays, and other types of leave, compared with total time required to be fully staffed. c. Position status information, whether filled or vacant, for each authorized position in the agency. 3. Workload assessments for all other organizational components will be based on an analysis of data to include: a. The nature or number of tasks and their complexity, location, and time required for completion. b. Time lost through days off, holidays, and other types of leave, compared with total time required to be fully staffed. c. Position status information, whether filled or vacant, for each authorized position in the agency. II. Distribution and Allocation of Personnel A. Upon completion of workload assessments, the RPU will provide the conclusions and recommendations in an Inter-Office Communication and submit it to the Executive Services Bureau (ESB) Deputy Chief. B. The ESB Deputy Chief will review the information provided and use it as necessary when evaluating OPD staffing levels to ensure the effective and efficient distribution/allocation of personnel and resources. REFERENCES: I. Previous OPD Orders A. Previous General Orders: #67-00, 33-08, 63-18, and 45-24. II. Accreditation Standards A. Relevant CALEA Accreditation Standards: 21.2.4. III. Other A. PPM Monthly Updates: #06-2021. ANIMAL COMPLAINTS POLICY: It is the policy of the Omaha Police Department (OPD) to work in conjunction with the Nebraska Humane Society (NHS) to handle animal complaints. Primary responsibility for animal complaints rests with the NHS, however, OPD has concurrent responsibility in some areas. DEFINITIONS: Animal: Per Nebraska Revised Statute (NRS) §28-1008; Means any vertebrate member of the animal kingdom. Animal does not include an uncaptured wild creature or livestock animal as defined in statute §54- 902. Animal Cruelty: Per NRS §28-1008; To knowingly and intentionally kill, maim, disfigure, torture, beat, kick, hit, strike in any manner, mutilate, burn, scald, or otherwise inflict harm upon any animal. Animal Neglect: Per NRS §28-1008; To fail to provide any animal in one’s care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal’s health. Animal Abandonment: Per NRS §28-1008; To leave any animal in one’s care, whether as owner or custodian, for any length of time without making effective provision for its food, water, or other care as is reasonably necessary for the animals’ health. NOTE: NRS §28-1008 also defines other terms related to animal cruelty, neglect, and/or abandonment, including “humane killing,” “mutilation,” “owner or custodian,” “police animal,” “repeated beating,” “serious injury or illness,” and “torture.” PROCEDURE: I. Animal Cruelty, Neglect, and Abandonment A. In cases of animal cruelty, neglect, and/or abandonment, OPD officers will: 1. If NHS is not already on scene, contact them immediately. (See Appendix A for phone number) 2. Investigate and/or coordinate with NHS to investigate the alleged violations. NOTE: The OPD officer may, in lieu of making an arrest, issue a citation to the owner or custodian of the animal per NRS §29-422 to 29-429. 3. Act as a witness due to the possibility of false accusations leveled at an NHS officer. – OR – 4. Provide physical protection for the NHS officer(s). B. If an OPD officer is dispatched to the scene of an animal abandonment case, or as a result of an arrest an animal is likely to become abandoned, the officer will notify the NHS immediately for the care of such animals (See Appendix A for phone number). C. NHS officials and/or supervisors will take whatever measures they deem appropriate. II. Animal Bites A. On arrival at the scene of an animal bite case, OPD officers will call for an NHS official immediately regardless of whether the animal is confined or running at large. (See Appendix A for phone number). B. The OPD officer will complete an Incident Report (OPD Form 189) and obtain the best description possible of the animal for relay to the NHS. C. The OPD officer will not give procedural information in regard to the animal but will inform the owner of the animal that the NHS officer will explain their procedures. D. When these procedures have been followed, the OPD officer will return to service. III. Protection Against Injury by an Animal A. If, in the OPD officer's opinion, an animal is likely to cause injury or death to any officer or a citizen, the officer will use whatever means necessary to stop the animal attack. 1. This includes destruction of the animal. 2. The only circumstance that would justify an officer firing their weapon at an animal is when a serious, extreme emergency situation exists where injury or death may result to the officer or a citizen if the animal is not stopped. 3. In all other cases, the NHS will have sole responsibility for the animal. IV. Animals Struck by a Vehicle A. A seriously wounded or injured animal may be destroyed only after all attempts have been made to request assistance from the appropriate agency (NHS, zoo personnel, etc.) responsible for the disposal of animals (See Appendix A for phone numbers). B. The destruction of vicious animals should be guided by the same rules described in this policy pertaining to protection of persons against injury by an animal. C. To claim a road-killed deer or antelope, Nebraska Game and Parks Commission procedures will be followed. 1. The Nebraska Game and Parks Commission procedures allow a Nebraska resident to take possession of a road-killed deer or antelope pursuant to Chapter 37 of Nebraska Revised Statutes (NRS). 2. Any person who accidentally kills a deer or antelope with a motor vehicle may field dress and take possession of the animal at the time of the crash and remove it to their residence, provided they are issued a “Permit to Possess Road-Killed Deer or Antelope” by a Nebraska Game and Parks Commission official or other authorized law enforcement officer. OPD officers are authorized to issue permits by the Nebraska Game and Parks Commission. a. Officers will have available a supply of the Nebraska Game and Parks “Permit to Possess Road-Killed Deer or Antelope” forms and may provide this permit to interested individuals at the scene of the crash, and allow them to remove the animal. The forms are available through Police Supply. (1) The Permit to Possess Road-Killed Deer or Antelope is a two-part tag that is provided to OPD by the Nebraska Game and Parks Commission. The permit will be completed in full by the officer and issued to the individual requesting the permit at the scene. (a) Part 1 of the permit contains: Name and address of permittee; date, location, date and time of crash; species, sex and age; validation time not to exceed 90 days; use to be made of carcass and hide, name of issuing officer. (i) This part of the permit is retained by the officer until the end of his or her shift. It will then be mailed to the Nebraska Game and Parks Commission. The address is pre-printed on the permit and postage is not required. (b) Part 2 of the permit contains: Type of animal (deer or antelope), name, address and signature of permittee; signature of issuing officer; regulations for possession and expiration date not to exceed 90 days. i. After completing the permit, the officer will attach this part to the carcass. The permittee will be advised to retain the permit after processing. (2) The following conditions will apply to Nebraska residents who are allowed to take possession of a road-killed deer or antelope: (a) Possession of the animal will be given to individuals in the following order: i. First Choice – Individual involved in the crash. ii. Second Choice – Public institution. NOTE: Public institutions may be exempted from permit requirements at the discretion of the Commission or authorized law enforcement official. iii. Third Choice – Non-profit organization. iv. Fourth Choice – Other individuals. (b) Officers will be aware that it will be unlawful to: i. Possess more than one road-killed carcass at any one time, except that this provision will not apply to institutions or non-profit organizations. ii. Possess a deer or antelope carcass that bears evidence of being shot. NOTE: This will not prevent the issuance of a permit for an animal that was road-injured and subsequently shot by an enforcement officer or Commission employee to dispatch it. iii. Process or cut up for preservation deer or antelope prior to obtaining a special salvage permit, i.e. the Permit to Possess Road-Killed Deer or Antelope. (c) Officers will verify that the animal is a road-kill rather than an illegally taken deer or antelope prior to issuing a Permit to Possess Road-Killed Deer or Antelope. 3. If the animal is not claimed by anyone at the scene of the crash, officers will contact the NHS for removal or clean-up of the animal (See Appendix A for phone number). V. Assault on an Officer of the Nebraska Humane Society A. If an NHS officer is assaulted in the performance of their duties, the OPD officer will complete an Incident Report. If probable cause exists, the offender will be arrested or cited for the appropriate charges. B. In those cases where problems have occurred in the past or verbal threats have been made to an NHS officer from a particular locatio

Omaha Police Department Policies and Procedures Manual (PDF)

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