Chapter 41 Mobile ID PDF

CHAPTER 41 – MOBILE IDENTIFICATION (MOBILE ID) REV. NOVEMBER 30, 2012 41.01 PURPOSE A. Mobile ID is a portable hand held device for use by Law Enforcement in the field to identify or verify identity of individuals. B. Fingerprint databases searched, in order, are the Bexar County, Tex...

CHAPTER 41 – MOBILE IDENTIFICATION (MOBILE ID) REV. NOVEMBER 30, 2012 41.01 PURPOSE A. Mobile ID is a portable hand held device for use by Law Enforcement in the field to identify or verify identity of individuals. B. Fingerprint databases searched, in order, are the Bexar County, Texas Department of Public Safety (DPS), and the Federal Bureau of Investigations Repository of Individuals of Special Concern (FBI/RISC). 1. Search methodology: a. Bexar County is searched first, if identification is made the process is finished. b. When identification is not made at the County level, the transaction is forwarded to DPS and on to FBI/RISC and the response is returned to the device. c. Response time for transactions to be processed are: 1) Bexar County 45 seconds 2) DPS 30 seconds 3) FBI/RISC 60 seconds d. This does not reflect time involved for wireless transmissions between the device and each AFIS databases. 2. Responses: a. Bexar County: Response will contain the CJIS SID and if available a photograph. b. DPS: Hit, No-Hit, or Inconclusive along with the DPS Number c. FBI/RISC response is the same as DPS. 41.02 DEFINITIONS A. Bexar County Automated Fingerprint Identification System (AFIS) is the computerized biometric matching system operated by the Sheriff’s Office. Currently this database contains 450,000 fingerprint records. B. Texas Department of Public Safety’s AFIS contains over 8 million records as maintained by their Crime Records Service. Effective date April 30, 2014 390 C. Integrated Automated Fingerprint Identification System (IAFIS) is operated by the FBI/CRS located in Clarksville, WV. D. Mobile Identification Device (Mobile ID) a handheld scanning device that communicates with the Bexar County AFIS, then on to DPS and RISC, if necessary. E. Repository of Individuals of Special Concern (RISC) is a limited population of fingerprint records of the FBI’s IAFIS that includes: wanted person, sex offender registry subjects, and known or suspected terrorists. 41.03 CONSENT FOR USE A. Prior to arrest: 1. The Mobile ID may be used in situations where the subject to be scanned gives a knowing and willing voluntary consent to participate. 2. The subject may limit or withdraw their consent at any time. If the consent is withdrawn or denied, the Mobile ID may not be used. B. The Mobile ID 3may be used without the consent of the subject: 1. Upon arrest. 2. If authorized in the execution of a valid search warrant 3. If specifically required by statute. 41.04 AUTHORIZED USE A. Prior to arrest or lawful detention, the Mobile ID may be used with consent of the subject: 1. If the deputy has reasonable suspicion the subject to be scanned has committed, or is about to commit a criminal offense and reasonable belief that the scan will establish or void the subject’s connection of the criminal event. 2. If the deputy has reasonable suspicion the suspect is wanted on an arrest warrant and the scan will establish or nullify the subject’s identity in the execution of that warrant. 3. If the deputy is going to cite an individual for a Traffic (Transportation Code) violation or misdemeanor, or was detained for other lawful reason and has reasonable suspicion that the individual intentionally provided false name, residence address, or date of birth. 4. If the deputy has good cause to believe the subject is a witness to a criminal event and has reasonable suspicion that the individual intentionally provided a false name, residence address, or date of birth. Effective date April 30, 2014 391 B. Subsequent to arrest, the Mobile ID may be used without the consent of the arrested individual to verify their identity in order to assist the deputy in processing and transport. C. The Mobile ID may be used without the consent of the subject if their fingerprints are required in the execution of a valid search warrant or specifically required by statute. 1. Reasonable force may be used to gain compliance with the search warrant. 2. Minimum force should be used to execute the search warrant. 3. The subject’s failure to comply could constitute contempt of court and/or failure to comply with the lawful order of a peace officer. D. A deputy must be able to explain and justify, based on this policy, training, and assessment of circumstances, the authorized and proper use of the Mobile ID. 41.05 NON-STANDARD USE A. Any non-standard use of the Mobile ID shall require notification and authorization by the Deputy’s immediate supervisor, if not available, then the next level supervisor. B. Examples of non-standard use include: A request from an outside law enforcement agency to fingerprint a subject in custody. The request must comply with this policy. 41.06 UNAUTHORIZED USE A. The Mobile ID may not be used for random or general investigative or intelligence gathering. B. Deputies will comply with all established Sheriff’s Office policies when using Mobile ID. C. Any unauthorized use of Mobile ID by a deputy may result in disciplinary action. Effective date April 30, 2014 392