Apopka Police Department General Orders PDF

APOPKA POLICE DEPARTMENT PROCEDURAL Effective Date Number GENERAL ORDERS 04-01-18 8450.00...

APOPKA POLICE DEPARTMENT PROCEDURAL Effective Date Number GENERAL ORDERS 04-01-18 8450.00 Subject New ❑ Rescinds ❑ Amends AGENCY JURISDICTION AND MUTUAL AID Reference CFA Standard(s) Reviewer/Approved by F.S.S. Chapters 23 / 250 / 252 / 776 McKinley Municipal Mutual Aid Agreement OCSO Mutual Aid Agreement DeYoung Reevaluation Application Related Forms / Bulletins (in PowerDMS) As Necessary All Employees TB 2016.040 – Jurisdiction 2017.003 Mutual Aid Request Form PURPOSE: The purpose of this policy is to establish guidelines and procedures for when Apopka Police De- partment Officers may take law enforcement action outside of the City of Apopka based on mutual aid agreements. DISCUSSION: It is the policy of the Apopka Police Department to establish, maintain, and carry out mutual aid agreements with other state, county, and city law enforcement agencies. POLICY / PROCEDURE: I. General Considerations: A. The State of Florida Chapter 23 and Chapter 252.34(2), defines the legal rights extended to law enforcement agencies and requirements regarding mutual aid agreements. B. Mutual aid is an exchange of services, personnel and/or equipment between law enforcement agencies during times of emergency, pursuant to a written agreement executed in accordance with the Florida Mutual Aid Act. C. The ability to conduct law enforcement action outside the jurisdiction of the City of Apopka will depend on the specific requirements of the particular mutual aid agreement. Agency Jurisdiction and Mutual Aid Page 1 of 13  D. The department has entered into a mutual aid agreement with several law enforce- ment departments around the city. E. The ability to conduct law enforcement action outside the jurisdiction will depend on the specific mutual aid agreement with the outside jurisdiction. F. Mutual aid agreements ensure that the citizens of Apopka receive a continuous law enforcement response during emergencies and unusual occurrences. G. While the department will assist with all emergencies occurring in other jurisdic- tions, the department will continuously maintain a physical presence within the ju- risdiction of Apopka. H. The department recognizes two agreement types: 1. Voluntary Cooperative Agreement: A written agreement between two or more law enforcement agencies, which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. 2. Operational Assistance Agreement: A written agreement between two or more law enforcement agencies evidenced by a request from one depart- ment to another for the rendering of assistance in specified situations. II. Local Mutual Aid Agreements: A. Mutual Aid Agreement with the Orange County Sheriff’s Office: 1. Apopka Police Department officers may conduct law enforcement action within unincorporated Orange County under any of the following circum- stances: A. If the Orange County Sheriff, or designee, asks the Apopka Police Chief, or his designee, for services within Orange County, and the Apopka Police Chief, or his designee, agrees to provide assistance. B. An Apopka Police Department Officer may take emergency action within unincorporated Orange County, and be deemed to have re- quested and been granted mutual aid without advance notice, only in the following circumstances: Agency Jurisdiction and Mutual Aid Page 2 of 13  1. An Apopka Police Officer, who is within unincorporated Or- ange County, witnesses a forcible felony, as defined by Flor- ida Statute 776.08, or other crime of violence against a per- son. 2. An Apopka Police Officer, who is within incorporated Or- ange County, observes a driver engaging in a pattern of con- duct that constitutes an imminent danger to the motoring public and has a reasonable suspicion that the individual is driving under the influence in violation of Florida law. 3. An Apopka Police Officer observes, or is notified of, an OCSO deputy needing or requesting assistance. 4. An Apopka Police Officer is acting pursuant to (1)(2)or(3) and witnesses an additional crime (e.g. resisting). 5. The emergency provisions above are “not intended to grant general authority to conduct investigations, serve warrants or subpoenas, or attend to matters of a routine matter.” Such investigations or general matters will be done by requesting mutual aid from the OCSO. C. Except as stated above in the emergency provisions, an Apopka Po- lice Officer is not authorized under mutual aid to take any other law enforcement action within unincorporated Orange County without specifically contacting the OCSO in advance of the law enforcement action and gaining permission for said action. 2. An Apopka Police Officer who takes law enforcement action outside the City pursuant to this agreement, shall take all necessary steps to lawfully complete the enforcement action, including but not limited to, arresting the suspect, transporting the suspect to the appropriate booking location, book- ing, and providing appropriate reports documenting the event and the ac- tions taken. Agency Jurisdiction and Mutual Aid Page 3 of 13  3. An Apopka Police Officer who takes emergency action within unincorpo- rated Orange County under the emergency provisions, shall immediately notify OCSO as soon as practicable. B. Orange and Osceola Municipalities: 1. The municipalities of Orange and Osceola County have entered into an in- teragency agreement. Specifically, those agencies include: Apopka PD, Belle Isle PD, Eatonville PD, Edgewood PD, Kissimmee PD, Maitland PD, Oakland PD, Ocoee PD, Orlando PD, UCF PD, St Cloud PD, Windermere PD, Winter Garden PD, and Winter Park PD. 2. Apopka Police officers may act in the above jurisdictions under mutual aid in the following circumstances: A. The Chief of that jurisdiction, or his/her designee, contacts the Apopka Police Chief, or his designee, to ask for additional assis- tance. B. An Apopka Police Department Officer may take action within one of the above municipalities, and be deemed to have requested and been granted mutual aid without a request in advance, only in the following circumstances: 1. An Apopka Police Officer is within the jurisdiction of an- other municipality within this agreement, and observes a fel- ony, an offense constituting a breach of peace, a crime of violence against a person, or witnesses a driver engaged in a pattern of conduct that constitutes an immediate danger to the motoring public. 2. An Apopka Police Officer is within another municipal juris- diction within this agreement and an officer from that juris- diction needs assistance locating and apprehending a sus- pect. Under these circumstances, the Apopka Police Depart- ment officer may assist in the location and apprehension of that suspect. Agency Jurisdiction and Mutual Aid Page 4 of 13  3. If an Apopka Police Officer develops probable cause to ar- rest an individual for an offense occurring in Apopka’s ju- risdiction, and the suspect has fled to another jurisdiction within this agreement, the Apopka Police officer may ask for permission to go into the jurisdiction to arrest the individual within a reasonable amount of time of the probable cause. A “reasonable amount of time” will not exceed 24 hours. 4. If an Apopka Police Officer is investigating a crime which happened within Apopka’s jurisdiction, they may travel into another municipality’s jurisdiction to continue their investi- gation. If the investigating officer plans on taking law en- forcement action, they must contact the respective jurisdic- tion. Interviewing witnesses and suspects does not require notification of the other jurisdiction unless an arrest is made. 5. If any additional violation of law occurs in the presence of the officer while conducting activities under (1)-(4), the of- ficer shall be empowered to take law enforcement action. C. If taking any of the above law enforcement action described, the of- ficer shall notify the communications center of the other jurisdiction of said action, unless it is an emergency, and then notification will be immediately thereafter. D. All other law enforcement action taken under mutual aid, must be done by a request for mutual aid prior to law enforcement action being taken. C. Seminole County Sheriff and Seminole County Municipalities (with some Orange County Municipalities included): 1. The Apopka Police Department has entered into an agreement with the Seminole County Sheriff and its Municipal governments to include some Orange County Municipalities. Those agencies include: Altamonte Springs PD, Apopka PD, Casselberry PD, Lake Mary PD, Longwood PD, Maitland Agency Jurisdiction and Mutual Aid Page 5 of 13  PD, Oviedo PD, Sanford PD, Winter Park PD, Winter Springs PD, Sanford Airport Authority, UCF PD, and SCSO. 2. Apopka Police Officers may take the following police action under mutual aid with these cities under the following circumstances: A. The Sheriff/Chief of the other jurisdiction, or his/her designee, asks the Apopka Police Chief, or designee, for their assistance. B. An Apopka Police Department Officer may take action within one of the above jurisdictions, and be deemed to have requested and been granted mutual aid without advance notice, only in the follow- ing circumstances: 1. An Apopka Police Officer is within the jurisdictional bound- ary of another party and observes a felony or breach of peace, the Apopka Police Officer may take law enforcement action. 2. If a party to the agreement has probable cause to arrest an individual within their own jurisdiction, and requests assis- tance to locate and apprehend the suspect, and an Apopka Police Officer sees the suspect in that other jurisdiction, the Apopka Police Officer may apprehend the suspect. 3. If additional violations of law occur when using mutual aid in the above circumstances, the officer may additionally take law enforcement to address those other law violations. C. Prior to any law enforcement action being taken, the officer shall notify that jurisdiction’s communications center. If an emergency, where immediate action is necessary, then the communication cen- ter will be notified immediately thereafter. D. Emergency calls for service which are dispatched simultaneously over Seminole County Net Radio Channel, shall be deemed a re- Agency Jurisdiction and Mutual Aid Page 6 of 13  quest and authorization for mutual aid. The same shall apply to par- ticipating agencies who do not participate in Seminole County Net radio dispatch but who monitor the channel. E. All other law enforcement action taken under mutual aid, must be done by a request for mutual aid prior to law enforcement action being taken. D. Specialty units 1. Metro SWAT – The Apopka Police Department is in a joint interagency SWAT team with the Maitland Police Department, Ocoee Police Depart- ment, Winter Garden Police Department, and Winter Park Police Depart- ment. A. A SWAT team call out to one of the jurisdictions of the Metro SWAT team will be considered a request for Mutual Aid by the re- questing agency. B. SWAT team members outside their jurisdiction but within one of the Metro SWAT jurisdictions may detain, search and arrest indi- viduals during their SWAT assignment as if they were inside their own jurisdiction. C. If any crime occurs within a SWAT member’s presence, outside their jurisdiction but within one of the Metro SWAT team jurisdic- tions, while executing their duties, the SWAT officer is empowered to take law enforcement action. 2. West Orange Narcotics Task Force (WONTF) – The Apopka Police De- partment has joined the Winter Garden Police Department, Ocoee Police Department and Orange County Sheriff’s Office in a Narcotics Task Force within the areas of those cities. A. A WONTF member may conduct law enforcement actions within a specific WONTF zone if conducting WONTF activities. Any mem- Agency Jurisdiction and Mutual Aid Page 7 of 13  ber assigned to WONTF will familiarize themselves with the juris- dictional zone of permitted activity prior to being assigned to that unit. B. A WONTF member may not authorize any other member of the Apopka Police Department to conduct law enforcement activities outside of the City. C. If a WONTF member wishes to conduct law enforcement activities outside of the WONTF zone, that officer must be granted Mutual Aid by the Orange County Sheriff’s Office. 3. Seminole County K-9 Unit: City/County Canine Unit (CCCU) A. The Apopka Police Department has entered into an agreement with the Seminole County Sheriff and its Municipal governments to in- clude some Orange County Municipalities to provide K-9 support. Those agencies include: Altamonte Springs PD, Apopka PD, Cas- selberry PD, Lake Mary PD, Longwood PD, Maitland PD, Oviedo PD, Sanford PD, Winter Park PD, Winter Springs PD, Sanford Air- port Authority, UCF PD, and SCSO. B. Requests for assistance shall be made from the shift supervisor need- ing assistance to the shift supervisor of the agency with the K9 unit that is being requested. C. Canine officers will familiarize themselves with the CCCU MOU protocols. 4. Metropolitan Bureau of Investigations (MBI) A. The MBI is a task force with members from the Orange County Sheriff’s Office, Osceola County Sheriff’s Office, Orlando Police Department, Winter Park Police Department, Apopka Police De- partment, Ocoee Police Department, University of Central Florida, Winter Garden Police Department, the Florida Department of Law Enforcement, and the Florida Highway Patrol. Agency Jurisdiction and Mutual Aid Page 8 of 13  B. Only officers assigned to this unit have authority to act outside the jurisdiction. Jurisdiction is conveyed by the cross-swearing as a State Attorney Investigator, allowing law enforcement activities to occur in Orange and Osceola Counties. 5. Federal Task Force Members A. The Apopka Police Department commits officers to work as Task Force Agents for various federal agencies. Members assigned to a federal task force will be authorized to work outside of their juris- diction while performing those duties with authority from the fed- eral government agency. III. Documenting Mutual Aid Requests and Assistance A. Members who take law enforcement action outside of their jurisdiction, pursuant to mutual aid, will complete a Mutual Aid Form (see 2017.003 Mutual Aid Request Form). This form will document the Apopka Police Department’s request for mu- tual aid and the name of the individual from the other agency who granted mutual aid to conduct law enforcement activities inside their respective jurisdiction. The form shall be included in the case packet and filed in records under the assigned case number. B. Members who receive a request for Mutual Aid from an outside jurisdiction will complete a Mutual Aid Form (see 2017.003 Mutual Aid Request Form). The form will document the request from the outside jurisdiction to conduct activities within Apopka’s jurisdiction, and the outcome of that request. The member receiving the request shall obtain an event number from the CAD and complete all other required information on the form. The form shall be reviewed and signed by the chain of command prior to being submitted to the Police Chief. After being signed by the Chief, the form will be filed in records under the assigned event number. IV. Giving and Receiving Assistance: A. Outside Agency Requests Mutual Aid: Agency Jurisdiction and Mutual Aid Page 9 of 13  1. When the department receives a request from another law enforcement agency for mutual aid assistance, the following procedures and guidelines will be followed: A. The following preliminary information will be ascertained and doc- umented: 1. The department and name of the authority making the re- quest. 2. The nature and scope of the problem. 3. The number of members requested. 4. The location where the members are to respond. 5. The name of the authority to whom members are to report. 6. The manner and procedure for maintaining radio communi- cations between departments. B. The request will be transmitted to the on duty supervisor who will determine the type and manner of assistance to the requesting agency. For major requests the supervisor will contact the watch commander who, in consultation with the staff duty officer, will de- termine the scope and nature of the assistance. C. The following procedures will govern the actions of Apopka police officers when responding to assist other departments under the pro- visions of mutual aid. D. Members of the Apopka police department will follow all policies, procedures, rules, and regulations of this department. E. Whenever an Apopka police officer is rendering mutual aid, the member will have the same powers, duties, rights and immunities as if taking action within their own jurisdiction. F. Members responding to a voluntary cooperation request will be un- der the direction and authority of the incident commander of the de- partment to which they are called. Agency Jurisdiction and Mutual Aid Page 10 of 13  G. Members will carry out the orders of the requesting agency’s super- visory officers in all matters of mutual aid, unless: 1. The order would place the member in direct violation of Apopka Police Department policies, procedures, rules or regulations. 2. The order would violate accepted safety practices. 3. The order would be contrary to Federal, State or local Law. 4. The order is contrary to an order given by a member of the Apopka Police Department. H. In the event an order is not carried out due to the provisions above, the member will inform the issuing authority of the conflict and re- spectfully request that: 1. The order be rescinded; or 2. The order be redirected to a supervisory member of the Apopka Police Department. B. Requesting Mutual Aid: 1. The police chief has delegated authority to request mutual aid to the on duty supervisor. A. The request will be made by communications to the appropriate agency’s supervisor. B. The requested agency will be informed of the following infor- mation: 1. The nature and scope of the problem. 2. The amount of members requested. 3. The location where the members are to respond. 4. The name of the authority to whom the members are to re- port. 5. The manner and procedure for maintaining radio communi- cations between departments. Agency Jurisdiction and Mutual Aid Page 11 of 13  2. In addition to local cooperative mutual aid participants listed in Section II, the following Federal and State Agencies may also be contacted for assis- tance: A. Federal Bureau of Investigation. B. Drug Enforcement Administration. C. Immigration and Naturalization Services. D. U. S. Customs. E. Federal Bureau of Alcohol, Tobacco, and Firearms. F. Florida Highway Patrol. G. Florida Department of Law Enforcement H. Florida Fish and Game. V. Concurrent Jurisdiction: A. The department is responsible for providing all law enforcement services within the City of Apopka. Although the department has jurisdiction within the city limits, members should be aware that there is concurrent (overlapping) jurisdiction with County, State and Federal Law Enforcement Agencies. Those County, State and Federal Law Enforcement Agencies are able to take independent law enforcement action within the municipal limits. B. The following agencies have concurrent jurisdiction in the city: 1. Orange County Sheriff's Office 2. State law enforcement agencies: A. Florida Department of Law Enforcement. B. Florida Highway Patrol. C. Florida Marine Patrol. D. Florida Fish and Wildlife Conservation Commission. E. Florida Division of Alcoholic Beverages and Tobacco. F. Other state law enforcement and investigative bodies. 3. Federal law enforcement agencies: A. Federal Bureau of Investigation. B. Drug Enforcement Administration. Agency Jurisdiction and Mutual Aid Page 12 of 13  C. United States Customs and Border Protection. D. United States Department of the Treasury. E. United States Department of Immigration and Naturalization. F. United States Fish and Wildlife Service. G. Other Federal law enforcement and investigative bodies. C. Members, with consultation and direction of their supervisor, will provide assis- tance to such bona fide law enforcement agency members having concurrent juris- diction within the City of Apopka. By Order of: Michael McKinley, Police Chief Agency Jurisdiction and Mutual Aid Page 13 of 13