San Antonio Police Department Procedure 713 - Human Trafficking PDF

San Antonio Police Department GENERAL MANUAL Procedure 713 – Human Trafficking Office with Primary Responsibility: ICX Effective Date: Prior Revision Date: Office(s) with Secondary Responsibilities: IND Number of Pages: Forms Referenced in Procedure:.01 602, 610, 701, 703 Training Bulletin # 12-01 R...

San Antonio Police Department GENERAL MANUAL Procedure 713 – Human Trafficking Office with Primary Responsibility: ICX Effective Date: Prior Revision Date: Office(s) with Secondary Responsibilities: IND Number of Pages: Forms Referenced in Procedure:.01 602, 610, 701, 703 Training Bulletin # 12-01 Related Procedures: May 04, 2012 New 5 None INTRODUCTION This procedure establishes guidelines for identifying possible victims of Human Trafficking, for managing a potential crime scene, and reporting the situation to the appropriate follow up unit..02 TERMINOLOGY (For specific use within this procedure, see Glossary) Domestic Minor Sex Trafficking (DMST) Human Trafficking.03 Human Smuggling HUMAN TRAFFICKING AWARENESS A. Most human trafficking cases do not start off as an investigation into Texas Penal Code Sec. 20A.02., Trafficking of Persons. They start off as an investigation into some other reported offense; such as a suspicious person call or some type of disturbance. Some investigations start off when the victim is apprehended for a separate offense, such as prostitution or shoplifting. This may also be the case when the victim is identified as a witness to a crime and the victim makes a statement or outcry that leads the officer to believe the person may be a victim of human trafficking. B. The victim in a Human Trafficking case may not identify him or herself as a victim. Some reasons for this include: C..04 1. The victim’s belief that the government, especially the police, will arrest and/or deport them if they come forward; 2. Some victims, even those beaten and sexually abused, believe their current situation is better than the one they left behind in their previous homes or countries of origin; 3. Victims may believe that it is their fault they are in their present situation because they initially agreed to come to this country illegally; 4. Cultural differences and differences in the law of their countries of origin may also lead to them not making an outcry; and 5. The victim fears that the trafficker will punish him/her or their families. Many victims have children who are in the control of the trafficker and other family in their countries of origin who remain within reach of the trafficker or the trafficker’s organization. Other reasons and more information regarding the dynamics of human trafficking can be found in Training Bulletin #12-01. INIDCATORS OF DOMESTIC MINOR SEX TRAFFICKING (DMST) AND HUMAN TRAFFICKING A. While speaking to persons, members should remain alert to notice when something is not right or out of the ordinary. Suspicions might be aroused by the following: General Manual Procedures – Section 713 Human Trafficking Page 1 of 5 Effective Date: May 04, 2012 San Antonio Police Department GENERAL MANUAL Procedure 713 – Human Trafficking 1. B. The victim appears to be under the control of another person. Signs may include: a. Another person will answer for the victims when an officer asks a question or the victim’s responses appear to be coached. b. The victim has physical injuries and no explanations or unlikely ones are given for those injuries. c. The victims appear afraid, depressed, or unconcerned with what is occurring. d. The victim does not have freedom of movement or may be monitored when away from the trafficker. They are not allowed to socialize with others. e. The victims may appear to have been deprived of food or medical care and may appear malnourished or ill. f. The juvenile victim may refer to a much older person as her “boyfriend” or give a familial relationship to a person not legally related to her (“daddy,” “uncle,” etc.). 2. The victim may be dependant on drugs which the trafficker uses as a means of keeping victims under control. 3. The victim may have no identification or passport in his/her possession and give implausible explanations of what happened to their identification. This trafficker is likely to be in possession of these documents. 4. If the person is a juvenile engaged in a commercial sex act or is being compelled into prostitution, they shall be evaluated as a potential victim of human trafficking. The location an officer responds to may indicate that it’s being used for human trafficking. Indications include: 1. Use of guards or watchmen; C. 2. Fencing designed to keep people inside rather than keeping them out; 3. Any locks on the door which is designed to lock people in and not to lock people out; 4. Sleeping arrangements such as bunk beds or single “rooms,” possibly with curtains or doors for privacy; 5. Large amounts of paper towels, toilet paper, or other cleaning items near the beds; and 6. Large quantity of condoms readily available by the beds. Some questions that may be asked of a suspected human trafficking victim to confirm that an investigation is needed include: 1. Do you know what city you are in right now? 2. Are you doing the job that you were promised you would be doing? 3. Are you free to come and go as you want? General Manual Procedures – Section 713 Human Trafficking Page 2 of 5 Effective Date: May 04, 2012 San Antonio Police Department GENERAL MANUAL Procedure 713 – Human Trafficking 4. Are you ever hit or punished by your boss or others who live or work with you? 5. Has anyone threatened to hurt you or your family if you did not work here or do what they say? 6. Has anyone taken pictures of you and posted them on the internet? D. Other indications and questions can be found in Training Bulletin #12-01.05 OFFICER SAFETY A. B..06 Officers should be alert to the indicators of Human Trafficking while responding to any call. Attention should be given to: 1. Watchmen or security guards, including riflemen, stationed in windows or on nearby rooftops; and 2. Barbwire fences where the barb is angled to keep people inside the property. If members have reason to believe that they may have encountered a human trafficking case, they shall immediately summon sufficient law enforcement personnel: 1. To protect all officers present; 2. To protect any victims present; 3. To detain any suspects; and 4. To protect any crime scenes. C. Since many Human Traffickers are affiliated with criminal organizations, they often have contacts in other countries and the means to flee the United States quickly. Therefore, expedient identification and apprehension of actors is critical. D. Human traffickers may be armed and feel that they have nothing to lose by harming or killing a law enforcement officer who attempts to arrest them, and/or believe they will not be caught because they can exit the country undetected. Patrol / UEDI Responsibilities in a Suspected Human Trafficking Case A. B. Once the member suspects he has encountered a human trafficking case, the member will: 1. Ensure that Procedure 701 (Crime Scene Duties) is followed; 2. Ensure Procedures 602 (Juveniles) and 610 (Missing Persons) are followed regarding juveniles, including checking the juvenile status as missing or run away; 3. Ensure that the appropriate follow up unit (Sex Crimes Unit during their normal duty hours or Night CID during their normal duty hours) is immediately notified; and 4. If a sexual assault is alleged, ensure that Procedure 703, Handling of Sexual Assault Complaints, is followed. Members must remain aware that the suspects in human trafficking will do whatever it takes to convince the officer that nothing is going on and to get the officer to leave as soon as possible. Members will seek the guidance of a supervisor or follow-up unit Detective when evaluating a possible case of human trafficking. General Manual Procedures – Section 713 Human Trafficking Page 3 of 5 Effective Date: May 04, 2012 San Antonio Police Department GENERAL MANUAL Procedure 713 – Human Trafficking C..07.08.09.10 Crime Scene Unit Investigators Responsibilities in a Suspected Human Trafficking Case A. Process the crime scene and collect evidence pursuant to Procedure 701, Crime Scene Duties; B. Maintain contact with follow up unit investigators to ensure that all available evidence is collected; and C. Complete the appropriate reports pursuant to the unit’s standard operating procedures. Follow Up Unit Responsibilities in a Suspected Human Trafficking Case A. Respond to the Crime Scene when requested, pursuant to Procedure 701, Crime Scene Duties; B. Investigate the alleged offense pursuant to the unit’s standard operating procedures; and C. Notify outside and/or federal agencies when necessary. Supervisory Officer’s Responsibilities in a Suspected Human Trafficking Case A. Ensure that the applicable procedures are followed; B. Respond to requests for guidance and direction from subordinates in suspected cases; and C. Ensure the proper follow-up unit has been notified. Patrol / UEDI Responsibilities in a Suspected Human Smuggling Case A. B..11 When members receive information of a possible human trafficking case from a third party, members will immediately notify the appropriate follow-up unit to relay the information and for further guidance. Once the member suspects he has encountered a human smuggling case, the member will: 1. Ensure Procedure 701, Crime Scene Duties, is followed. 2. Ensure that the appropriate follow-up unit (the Sex Crimes Unit during their normal duty hours or Night CID) is immediately notified; and 3. Ensure Procedures 602 Juveniles and 610 Missing Persons are followed regarding juveniles including checking the juvenile status as missing or run away. Human Smuggling cases usually require the response of a federal law enforcement agency. Members will cooperate with these federal agencies as appropriate and within the bounds of the department’s rules and regulations, policies and procedures. Members will seek the guidance of a supervisor if questions arise. Crime Scene Unit Investigators Responsibilities in a Suspected Human Smuggling Case A. Process the crime scene and collect evidence pursuant to Procedure 701, Crime Scene Duties; B. Maintain contact with follow up unit investigators to ensure that all available evidence is collected; and C. Complete the appropriate reports pursuant to applicable procedures. General Manual Procedures – Section 713 Human Trafficking Page 4 of 5 Effective Date: May 04, 2012 San Antonio Police Department GENERAL MANUAL Procedure 713 – Human Trafficking.12 Follow-Up Unit Responsibilities in a Suspected Human Smuggling Case A. Respond to the crime scene when requested, pursuant to Procedure 701, Crime Scene Duties; B. Investigate the alleged offense pursuant to the unit’s standard operating procedures. C. Notify and coordinate with federal authorities and provide assistance as necessary and within the bounds of the department’s rules, regulations, policies and procedures. Members will seek the guidance of a supervisor if questions arise..13 Supervisory Officer’s Responsibilities in a Suspected Human Smuggling Case A. Ensure that the applicable procedures are followed. B. Respond to requests for guidance and direction from subordinates in suspected cases. General Manual Procedures – Section 713 Human Trafficking Page 5 of 5 Effective Date: May 04, 2012