Bexar County Sheriff's Office Canine Operations Policy PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Issue Date Effective Date Chapter Number October 6, 2022 October 7, 2022 Fifty-Two Subject Office Cani...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Issue Date Effective Date Chapter Number October 6, 2022 October 7, 2022 Fifty-Two Subject Office Canine Operations Sheriff’s Administration References Enclosures Graham v. Connor 490 U.S. 386 104 L Ed. 2d. 443, 109 S. None Ct. 1865 (1989) Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees New Policy December 1, 2023 13 Approved by: Javier Salazar, Bexar County Sheriff 52.01 POLICY The Bexar County Sheriff’s Office (BCSO) strives to provide the citizens of this county with a highly qualified canine unit that can be used to facilitate the arrest of suspects with the least amount of injury to the deputies, public, canine, or suspect. Additionally, canine teams are used to track/wind scent individuals, assist with crowd control, and detect certain narcotics, explosives and other tasks deemed necessary. 52.02 PURPOSE This policy establishes guidelines and the complete understanding of the daily operations of the BCSO Canine Unit. This policy also provides guidance for deputies assigned to the BCSO Canine Unit regarding responsibility, duties, training, and care of the canine. 52.03 DEFINITIONS A. ACCIDENTAL OR UNINTENTIONAL BITE - The canine bites a suspect contrary to their training, or the canine bites an unintended individual. B. APPREHENSION - Any occasion in which the use of a canine is directly responsible for the apprehension of a suspect. Apprehension shall further be defined by the following sub-categories: 1. ANNOUNCEMENT ONLY - A verbal warning that is given by law enforcement personnel advising the suspect(s) of an intended deployment of a canine thereby stopping the suspect(s) actions or flight. 2. RESULTS IN INJURY - Occurs when a suspect is located who is not passive or who attempts to flee. Canines are trained to bite and hold a suspect. In this circumstance, the canine bites the suspect. 3. DIRECTED BITE - When a canine handler directs a canine to bite a suspect. C. CANINE - A canine assigned to the BCSO that is trained in a multitude of tasks including but not limited to patrol work and scent detection. D. CANINE HANDLER - TCOLE Commissioned Peace Officer – A Deputy Sheriff, regardless of rank or assignment who has met the requirements outlined in this policy and is assigned as a BCSO Canine handler. E. CANINE TEAM - A canine handler and a canine assigned to the Canine Unit. F. CANINE TRAINER - A canine handler that has received formal training in the proper techniques for training canines and has been designated as a BCSO Canine Trainer. G. CANINE UNIT - Is the law enforcement section responsible for all canine operations within their area of responsibility and reports to their assigned division commander. H. CANINE UNIT SUPERVISOR - A BCSO supervisor who is assigned to the BCSO Canine Unit and is responsible for the direct oversight and supervision of canine handlers and the functions of the unit. I. DEPLOYMENT - Any circumstance in which a canine is used to aid in the resolution of a law enforcement situation. J. HEAT ALARM SENSOR - A temperature monitoring system for use in a canine vehicle to monitor ambient temperature within the vehicle. K. SUSPICIOUS ITEM - An item, package, container, person or vehicle that is reasonably believed to contain explosives, an IED, or other hazardous material. This suspicion is based on the assessment of specific, articulable facts and the totality of circumstances at hand including, but not limited to unexplained wires or electronics, other visible bomb-like components, unusual sounds, vapors, mists, or odors, signs of alteration or tampering, stress behavior indicators from a person who may be associated with the item, placement, proximity of the item to people and valuable assets, and lack of a plausible explanation for the item’s presence in the location found. L. UNIT CERTIFICATION STANDARD - Our unit certification standard will be in compliance with nationally or internationally recognized standards. For example - NATIONAL POLICE CANINE ASSOCIATION (NPCA), NATIONAL NARCOTICS DETECTOR DOG ASSOCIATION (NNDDA), NATIONAL CANINE AUDIT TRACKING SYSTEM (NCATS), INTERNATIONAL POLICE WORKING DOG ASSOCIATION (IPWDA). M. UNIT VETERINARIAN - A licensed veterinarian designated by the BCSO who will provide competent medical care for assigned canines. N. UNATTENDED ITEM - An item, package, container or vehicle of unknown ownership, origin and/or content. There are no obvious signs that the item contains an explosive material or device and no suspicious indicators (e.g., unexplained wires or electronics, other visible bomb-like components, unusual sounds, vapors, mists, or odors, signs of alteration or tampering) and there is a plausible explanation for the item’s presence in the location found. 52.04 PROCEDURES The Canine Unit Supervisor is responsible for maintaining all administrative documentation related to BCSO canines, handlers and trainers. This documentation includes, but is not limited to: 2 A. Training records (canine, handler and trainer); B. Deployment reports related to the use of canines; C. Medical records (canines); D. Any documentation necessary to ensure compliance with accreditation standards for each specific canine discipline. 52.05 SELECTION OF THE CANINE HANDLER A. Sworn personnel requesting assignment to the BCSO Canine Unit who meet the qualifications may be selected for transfer as outlined in the Sheriff’s Office Manual of Policy and Procedure, Bexar County Civil Service Rules, and the Collective Bargaining Agreement: 1. Candidates shall have a minimum of two years full time current or prior patrol experience as a Deputy Sheriff assigned to the Patrol Division of the BCSO; 2. All candidates will adhere to all required qualifications, continuing education and training to be a canine handler; 3. Hold a “Basic Canine Handler Certificate” or be eligible for a certificate; 4. Be in good physical condition; 5. Demonstrate strong character traits, such as: a. Dependability; b. Emotional stability; c. Flexibility; d. Initiative; e. Maturity; f. Patience. 6. Reside in a home with a fenced yard that provides sufficient space to kennel a canine. The deputy must agree to site inspections of the kennel to ensure compliance with this policy; 7. Be available for shift work and 24-hour call-out for canine related activities; 8. Meet any specific duty requirements for the BCSO in which the handler is or will be assigned. B. The Division Commander has authority to make an exception to this selection process for candidates under their authority. 3 52.06 USE OF CANINE TEAM IS LIMITED TO SPECIFIC DUTIES A. Assist all BCSO Divisions or other Law Enforcement Agencies if requested. B. Crowd control at the discretion of the Division Commander. C. Evidence, explosive, and controlled substance detection. D. Location and apprehension of suspect(s). E. Perimeter search of buildings. F. Prowlers G. Public presentations and award ceremonies. H. Routine patrol. 52.07 USE OF FORCE AND CONDITIONS REGARDING THE USE OF THE CANINE UNIT A. All canines shall be under the full control of the canine handler at all times and should not be permitted to make contact with a person(s) except when justified. A canine warning shall be given prior to deployment or use of the canine to find/apprehend suspect(s). B. The canine warning should consist of the following: “Police Canine, come out or we will release the dog, and the dog will bite.” 1. This canine warning should be given multiple times when the canine is first deployed and repeated throughout the search. 2. Under certain circumstances, it is recognized that a warning may be futile or dangerous to the handler, the canine or others; thus a handler is not required to give a warning prior to the canine deployment in any of the following circumstances: a. When the need to deploy a canine develops so suddenly that, the handler does not have a reasonable opportunity or enough time to give warning prior to deployment; b. The handler reasonably believes that a warning will compromise the safety of the handler, the canine, other deputies, the public, or the suspect(s); c. When a warning is not given, the handler shall document the facts in a written report to justify the omission of a canine warning. 4 C. Use of the Canine: The handler shall have the ultimate authority when to deploy his/her canine; however, sound judgement must be used. The handler is responsible for evaluating each situation and determining if the use of the canine is appropriate and feasible for any given situation. 1. When a canine is used, the handler’s deployment shall be objectively reasonable under the facts and circumstances confronting the handler. The handler must evaluate the following factors, taking into consideration the safety of other deputies, citizens, the canine and the suspect(s) prior to deployment of the canine. 2. Graham v. Connor 490 U.S. 386 104 L Ed. 2d. 443, 109 S. Ct. 1865 (1989) a. The severity of the crime(s) at issue. b. Whether the suspect poses an immediate threat to the safety of deputies or others. c. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight. D. Operational Control/Conflict of Orders: If present, a BCSO Canine Supervisor will assume operational control of any situation requiring the deployment of the canine. 1. If a canine supervisor is not present and the handler is requested by a non-canine supervisor to deploy the canine in a manner that the handler feels is unsafe or inappropriate, the handler may refuse such orders by any member of the BCSO of any rank if the handler reasonably believes, and can articulate such belief, that serious bodily injury or death will occur to any person(s) involved, or that death is likely to occur to the canine and other viable options exist which have not yet been exhausted but are reasonable. The handler is responsible for evaluating each situation and determining if the use of a canine is appropriate for the given situation. 2. If the conflict cannot be resolved, the issue shall be immediately addressed with the next highest ranking supervisor who will assume responsibility for any decision(s) made on deployment. 3. Under no circumstances, will a handler comply with an order that is known to be unlawful, violates the use of force policy, or violates the civil rights of any individual(s). E. Once the decision to deploy a canine is made, the handler shall call the canine back at the earliest opportunity after the suspect(s) has stopped actively resisting or is no longer a threat. F. Non-deployment of the canine, except in cases involving risk of imminent death or serious bodily injury to another person if failure to deploy, a canine will NOT be deployed to apprehend: 1. Any person who is known or reasonably believed to be armed and that person does not pose an immediate threat of serious bodily injury or death to any other person; 2. Any individual whose position or vantage point places the canine at a tactical disadvantage, a disadvantage where the element of surprise may be compromised, or which will most likely result in death or serious bodily injury to any person or death to the canine; 5  3. Pregnant or disabled individual(s); 4. Any individual known to be a minor or perceived to be a minor; 5. Multiple suspects simultaneously. G. Prisoners or unauthorized persons shall not be transported in a canine handler’s vehicle while the canine is on board unless the vehicle is equipped with a separate prisoner transport compartment. H. Handlers are required to complete a canine activity report in every case where the canine has been deployed. I. Handlers shall complete a detailed offense report or supplemental report along with the canine activity report in all instances involving the use of force by the canine. J. All canines shall be secured for their own safety and the safety of others when not accompanied by a canine handler. K. Handlers are prohibited from demonstrating the abilities of any canine to citizens without prior approval from the BCSO Canine Unit Supervisor or Division Commander. L. Handlers shall avoid inflammatory situations such as lawful assemblies, picket lines, student gatherings, or riots unless authorized by the Division Commander. M. Handlers shall be completely aware of the training and ability of their assigned canine in order to use the canine to its greatest potential. The canine handler shall also avoid using the canine beyond its capabilities. N. When a canine is requested to a scene, the situation shall be fully explained by the requestor. The handler shall make a determination as to whether the circumstances justify the use of the canine. If the handler believes that the use of the canine is not justified, reasonable or prudent, the handler shall advise the on duty supervisor. If the on duty supervisor has a question or concern with the decision of the handler, the canine unit supervisor shall be contacted. O. In cases of all call-outs, a canine unit supervisor shall be notified via the BCSO Public Safety Communications Center (PSCC). P. No person shall tease or antagonize any canine, except within authorized training guidelines established by the BCSO. Q. No one is permitted to touch a canine without the consent of the handler. 52.08 ASSISTING DEPUTY GUIDELINES The following are general rules of behavior when in the presence of the canine team by non-canine deputies: A. No one shall stand between the canine and its handler; 6 B. Deputies shall arrest a person who intentionally injures or attempts to injure a BCSO canine or who interferes with the performance of duties of any canine. C. Deputies shall not directly command the canine unless directed to do so by the handler. D. Deputies shall not enter any vehicle occupied by a canine unless directed to do so by the handler. E. Deputies shall not attempt to touch, handle, pet or feed the canine unless directed to do so by the handler. 52.09 CARE AND MAINTENANCE OF THE CANINE A. The BCSO shall provide food and veterinary care for the canine. The handler shall be responsible for the grooming, feeding, and routine or emergency medical care of the canine. B. The handler shall provide a desirable home environment for the canine, by providing shelter, food, and fresh water. Dog food will be issued to the handler as needed by the BCSO Canine Unit Supervisor. C. The living quarters for the canine shall be kept clean and sanitary and be available for inspection at any time by a BCSO Canine Unit Supervisor. D. A kennel with a roof cover, a doghouse, indoor crate and if needed a concrete slab for the kennel as determined by the Division Commander, shall be provided at no cost to the canine handler. E. The living quarters for the canine will be kept secure to ensure that the canine remains confined when the handler is not present as well to as prevent unauthorized persons from entering the confined area. Canine warning signs will be posted on the outside of the kennel. Canine warning signs shall also be posted on the fencing surrounding the kennel at entry points, if applicable. F. The canine shall receive annual vaccines and exams by the veterinarian of record for the BCSO. G. When the handler is unable to care for the canine for any reason, the canine shall be kenneled by the BCSO Canine Unit Supervisor, another handler or at an authorized animal care facility where it shall receive daily care. If such a case should arise, the handler shall do the following: 1. Inform anyone boarding the canine of any special requirements, medications, or other pertinent information to properly care for the canine. If boarding is not feasible, the handler shall notify the BCSO Canine Unit Supervisor in order to make arrangements for the care of the canine. 2. The BCSO Canine Unit Supervisor shall be notified prior to any canine being boarded by anyone other than the assigned handler. H. The handler shall be allowed at least one (1) hour per shift while on duty to provide for the care and grooming of the canine, which includes care time for the canine while on relief days, vacation time, sick leave, compensatory time and personal leave. 1. If a canine is retired (taken out of service), the Sheriff and the County may permit the handler, to whom the canine is assigned at the time of retirement, to acquire the canine pursuant to applicable county procedures and subject to any requirements of law. 7  2. In such an event, neither the BCSO nor Bexar County shall have any further obligation for care, maintenance, and support of the retired canine. 52.10 INJURY TO THE CANINE A. In the event a canine is injured, whether on or off duty, the handler shall first determine if immediate medical attention is necessary. If immediate medical attention is necessary, the handler shall obtain the medical treatment. B. If the injury does not require immediate medical attention, the handler shall notify and obtain approval from a BCSO Canine Unit Supervisor prior to seeking medical treatment. C. In all cases of injury to a canine, the handler must notify, as soon as practical, the BCSO Canine Unit Supervisor. The supervisor will ensure the proper reports are completed and notifications are made through the chain of command. 52.11 INJURY TO THE CANINE HANDLER A. Should any canine handler become incapacitated due to injury while on duty, a supervisor shall respond to the scene and immediately take control of the canine while the handler seeks medical care. B. The canine shall be cared for at a location designated by the BCSO Canine Unit Supervisor or Division Commander. 52.12 INJURY TO OTHERS In the event an injury is sustained by a suspect(s) or any other person as a result of any canine, the handler shall: A. Notify the BCSO Canine Unit Supervisor or any patrol supervisor on duty should the canine unit supervisor be off duty or unavailable; B. Ensure the victim receives appropriate medical attention; C. BCSO Crime Scene Unit should photograph the injury if possible; D. Ensure that the veterinarian of record examines the canine if the canine was sustained any injuries; E. Generate the appropriate report(s) (supplement, use of force, canine activity report). 52.13 TRAINING AND EQUIPMENT A. The BCSO Canine Unit Supervisor and the BCSO Canine Trainer shall coordinate appropriate training which shall consist of an annual evaluation of each canine team and yearly recertification in the canine’s area of proficiency in accordance with the canine certification standards. Canine training shall be conducted at various sites on a continual basis in order to maintain proficiency. 8 B. Each team will perform a minimum of (16) sixteen hours of documented proficiency training monthly. The BCSO Canine Unit Supervisor has the responsibility to ensure the following: 1. Each handler receives notification of scheduled training days required to maintain competency and certification. Any canine or handler, who fails to meet the monthly training requirements or fails to meet the training requirements of their specialization, shall be removed from active duty until such time as the training requirements have been met or proficiency is determined by the BCSO Canine Unit Supervisor and Trainer; 2. Failure to meet the training requirements or certifications that results in the suspension of active duty, shall be documented in a report and forwarded to the Division Commander; 3. The handler is responsible to provide copies of all certifications and training records to the BCSO Canine Unit Supervisor and Trainer. The unit supervisor is responsible for maintaining all training records in a permanent file; 4. The BCSO Canine Unit Supervisor must approve any equipment used in canine operations; 5. Each quarter, the BCSO Canine Unit Supervisor shall conduct an unannounced home kennel inspection of all canine teams and complete an inspection report. Each report shall be maintained in the unit’s permanent file. An unsatisfactory report shall be submitted to the Division Commander and the unit’s permanent file and shall include the direction given to the handler for remediation of the deficiencies. 6. Equipment shall include but is not limited to: a. Vehicle transport kennel; b. Chain collar; c. Individual storage boxes for drug training aids; d. Muzzle; e. Six (6) foot leash; f. Tracking harness; g. Tracking leash; h. Training collar; and i. Custom fit ballistic body armor. C. CANINE VEHICLE The handler is responsible for the maintenance and upkeep of the assigned BCSO vehicle as outlined in the Manual of Policies and Procedures (Chapter 5.35 - Care of County Property and Equipment). 9 D. HEAT ALARM TESTING The handler shall check and test the vehicle heat alarm system and related equipment for proper function. These checks shall be done on a weekly basis to coincide with unit training. Functionality deficiencies shall be immediately reported to the BCSO Canine Unit Supervisor. These checks will be further documented by obtaining an incident number through the PSCC. For Example - “Vehicle 9950 5K14 Heat Alarm Tested and Passed.” E. NARCOTICS CANINE TRAINING 1. The BCSO Canine Unit Supervisor shall request narcotics for training from the property and evidence room. The narcotics to be utilized will be marijuana, cocaine, heroin, and methamphetamine and any item or narcotic made or manufactured in the same manner. The property room supervisor shall issue training narcotics only if a destruction order by the court of record has been issued. 2. Handlers, trainers, or a supervisor shall collectively possess no quantity larger than the following amounts of controlled substances for training purposes: a. Cocaine 200 Grams b. Heroin 100 Grams c. Methamphetamine 100 Grams d. Marijuana 5000 Grams 3. All controlled substances will be secured in a metal locker or safe located at an approved location and access to the controlled substances shall be limited to the BCSO Canine Unit. 4. A logbook shall be utilized to record the removal and replacement of all controlled substances for training purposes. Only members of the BCSO Canine Unit are authorized to remove any controlled substances. Substances will be weighed prior to issue and weighed prior to check-in. Any discrepancies shall be immediately brought to the attention of the BCSO Canine Unit Supervisor. 5. Copies of other records, reports, documents, lab analysis, etc. relating to the issuance of controlled substances to be utilized for training, shall be maintained by the canine unit supervisor. 6. In the event that the controlled substance packaging is damaged for whatever reason, the handler will obtain an incident number from the PSCC and generate a report. The canine unit supervisor will submit a supervisors report and forward the reports to the Division Commander. The canine unit supervisor shall ensure all damaged and old narcotics are returned to the property room for proper disposal. 10 F. EXPLOSIVES CANINE TRAINING 1. The BCSO Canine Unit Supervisor and Trainer shall ensure explosives used in detection training are from a credible resource such as an industry recognized canine training facility, U.S. Military, San Antonio Airport Police, or the TSA. 2. The explosives to be used for training should include but not limited to the following: a. Ammonium Nitrate; b. Ammonium Perchlorate; c. ANFO; d. Approved Pseudo; e. Black Powder; f. C4; g. Cast Booster; h. Dynamite; i. Dyno AP; j. HMX; k. Kinepak; l. Nitro Methane; m. PETN Detcord; n. Potassium Perchlorate; o. RDX; p. Semtex; q. Smokeless Powder; r. TNT; s. Unigel Dynamite; t. Watergel. 11 52.14 EXPLOSIVE DETECTION PROCEDURES This section is to delineate the duties and responsibilities of the BCSO Canine Explosive Detection Team(s). A. DUTIES AND RESPONSIBILITIES 1. The BCSO Canine Unit Supervisor will be notified of all call-outs. The unit supervisor will determine if the situation merits a canine unit response and which team(s) will respond. 2. The BCSO Canine Unit Supervisor or his/her designee will coordinate with the on scene supervisor or incident commander as an advisor to outline the necessary responsibilities and assignments the BCSO Canine Explosive Detection Team(s). 3. The responding handler will require a minimum of one spotter to assist with the search or sweep. 4. The BCSO Canine Unit Supervisor or handler will determine the need for additional personnel on a case by case basis. 5. Emergency Medical Service Units (EMS) should be placed on standby at the nearest staging area for all incidents involving actual explosive devices or credible threats. 6. When the deployment of a canine team requires a spotter, it is preferred the spotter be a certified canine handler, however, exigent circumstances may determine the use of other law enforcement personnel, if no other handler is available. 7. In the event a possible explosive device is located or the explosive detection canine indicates a final response, the location will be marked and turned over to the bomb squad. Only trained bomb technicians should handle a suspected explosive device. 8. Control shall be maintained of the area to ensure the item/explosive device is not disturbed and a minimum mandatory evacuation distance shall be established. 9. Explosive detection canines will not be used to search suspicious items as defined in this chapter. The item should remain where it is and an explosive ordinance disposal unit (EOD) or bomb squad should be notified. If available, the explosive detection canine team may sweep for secondary explosive devices. 10. Unattended items defined in this chapter will be handled on a case by case basis at the discretion of the BCSO Canine Unit Supervisor. 52.15 VOLUNTARY SEPARATION FROM THE BCSO CANINE UNIT Any canine handler may request to resign from their position in the BCSO Canine Unit by providing a written request to the BCSO Canine Unit Supervisor at any time. 12 52.16 USE OF BCSO CANINES FOR OFF-DUTY EMPLOYMENT Only upon receiving written authorization, BCSO canines, with the express consent of the Sheriff or Chief Deputy, and when in the best interest of public safety or at county parks/facilities, may be used for off- duty employment (in accordance with Chapter 30 Outside Employment). 13