Houston Arson Bureau Guidelines PDF

HOUSTON FIRE DEPARTMENT SUBJECT: HOUSTON ARSON BUREAU GUIDELINES VOLUME NO. IV COMMAND: ARSON REFERENCE NO. IV – 1 PAGE 1 OF 54...

HOUSTON FIRE DEPARTMENT SUBJECT: HOUSTON ARSON BUREAU GUIDELINES VOLUME NO. IV COMMAND: ARSON REFERENCE NO. IV – 1 PAGE 1 OF 54 1.00 PURPOSE 1.01 To supplement the rules and regulations of the Houston Fire Department with guidelines unique to the Houston Arson Bureau (HAB). 1.02 To provide guidelines which enhance the orderly coordination of effort among members of the Houston Arson Bureau in the discharge of their duties, under both routine and emergency conditions. 2.00 OBJECTIVES 2.01 To delineate the responsibilities and duties required of a member of the Houston Arson Bureau. These guidelines are not intended to provide a solution to every problem or situation. These guidelines do not encompass every responsibility or duty required of a member. Other responsibilities or duties are delineated in Federal and State laws or codes and Department or Division policies and procedures. 2.02 To provide guidance for effective, constructive action. Guidelines are not designed to limit any member in the exercise of his judgment or initiative within Department and Division guidelines, rules and regulations, and policies or procedures. 3.00 DEFINITIONS 3.01 Houston Arson Bureau: The Houston Arson Bureau, a Division of the Houston Fire Department. 3.02 Division Chief: The head of the Houston Arson Bureau. 3.03 Members: A collective term applied to all personnel on the Division payroll, (members will therefore include civilian personnel). 3.04 Investigators: All those members commissioned as peace officers and certified as Arson Investigators with the State of Texas within the classified ranks of the Houston Arson Bureau. Revised 06/15/15 1  4.00 SCOPE 4.01 These guidelines will apply to all members of the Houston Arson Bureau. 5.00 RESPONSIBILITIES 5.01 The Assistant Chief over Arson and the Division Chief have the authority and responsibility to submit new or revised guidelines, rule modifications and recommendations to rescind guidelines or rules to the Fire Chief for his approval. 5.02 Under exigent circumstances the Assistant Chief over Arson or the Division Chief has the authority to modify or temporarily rescind guidelines, policies and procedures, and rules. Justification for the modification or rescission will be given to the Fire Chief as soon as possible after the action has been taken. 5.03 It is the responsibility of each member to know, understand, and comply with Department and Division guidelines, rules and regulations, policies and procedures. 6.00 GUIDELINES 6.01 ADMINISTRATIVE RULES AND REGULATIONS A. Obedience to Departmental Rules and Regulations: Members shall abide by the Houston Fire Department Administrative Rules and Regulations as approved and published in the Houston Fire Department Guidelines. A plea of ignorance will not be considered as an excuse for violation of any Department rule, regulation, guideline, policy or procedure. B. Obedience to Division Rules and Regulations: Members shall abide by Division rules and regulations, guidelines, and policies and procedures. A plea of ignorance will not be considered as an excuse for violation of any Division rule, regulation, guideline, policy or procedure. C. Performance of Duty: Members shall be attentive to their duties at all times and shall perform all duties assigned to them, even if such duties are not specifically assigned to them in any Department, Division, or City Houston rule, guideline, policy or procedure. D. Duty of Members: Members will enforce the rules, guidelines, policies and procedures of the Houston Fire Department. Members will not permit or otherwise fail to prevent violations of Department or Division rules, guidelines, policies or procedures. Members will report violations of Department or Division rules, guidelines, policies or procedures to their immediate supervisor without delay. Where safe and reasonably possible, members will actively prevent such violations or interrupt them as necessary to ensure safe, efficient, and orderly operations. SUBJECT: Houston Arson Bureau Guidelines 2 REFERENCE NO. IV-01  E. Maintaining Communications: While members are on-duty or officially on-call, they shall be directly available by normal means of communication, or shall keep their supervisor informed of the means by which they may be reached when not immediately available. F. Keeping Notes on Arson Activities: Investigators shall maintain written notes on arson matters such as calls for service, arrests and other activities to the extent that they may later complete official reports and accurately testify in official proceedings. G. Giving Name and Radio Call Number: Investigators shall give their name, radio call number and other pertinent information to any person requesting the information unless doing so would jeopardize the successful completion of an assignment. H. Carrying Official Identification: Investigators shall carry their official identification card on their person while on-duty or when carrying a weapon while off-duty. I. Carrying Current Firearms Qualification Card: Investigators shall carry their current firearm qualification card while on-duty or when carrying an authorized weapon while off-duty. J. Equipment for Duty: It shall be each member’s responsibility to maintain care, custody, and control of all Fire Department issued equipment assigned to them. It is the member’s responsibility to ensure that issued equipment is properly maintained and immediately ready for on-duty use. It is each member’s responsibility to have his/her assigned vehicle properly maintained including having the vehicle inspected before the inspection sticker expires. It is the member’s responsibility to keep the interior and exterior of his/her assigned vehicle clean and orderly. It is the Investigator’s responsibility to have sufficient evidence cans, camera, batteries, rubber gloves, and any additional necessary equipment (such as paper bags, boots, etc.) in their assigned vehicle. K. Office Equipment: It is each member’s responsibility to use Fire Department provided office equipment in such a manner that the equipment is not damaged. Members will be held strictly accountable for damage to equipment caused by carelessness, improper, or willful action. L. Office Space: It is the member’s responsibility to keep the office space provided by the Fire Department clean, neat, and orderly. Members will be held accountable for cleaning or replacement of any part of the office space that they carelessly, negligently, or willfully soil. 6.02 APPEARANCE AND CLOTHING A. Personal appearance: Members are required to dress appropriately according to their duty assignment. All members shall be allowed reasonable control over their personal SUBJECT: Houston Arson Bureau Guidelines 3 REFERENCE NO. IV-01  appearance within the confines of these guidelines and Houston Fire Department guidelines. B. Clothing Standard: The Division clothing standard for male classified employees is business suit with tie, or sports coat with slacks and tie. The clothing standard for female classified employees is a business dress, business suit, blouse and skirt, or blouse and slacks. Clothing will be clean, pressed, tailored and in good repair. Shirts without collars, faded jeans, T-shirts, sweatshirts, shorts, white or light colored athletic shoes or sandals are not acceptable. Investigators may, with supervisory approval, wear jeans and sport shirts with collars on occasions where more casual dress is appropriate for a particular assignment. Supervisors shall dress in business suits or sport coat and slacks with tie unless the Division Chief approves other apparel for a specific assignment. C. Protective Clothing for “Hot Zone” Work: A “Hot” or danger zone is any area of a fire scene where there is a significant danger of bodily injury as determined by the Fire Suppression Incident Commander. Hot zones include areas in which there exist unacceptable levels of toxic gases or any other condition determined to be unsafe by the Incident Commander. 1. Investigators who must enter a "Hot Zone" shall wear full Fire Department issued protective clothing including bunker pants, bunker coat, gloves, boots, helmet, and self-contained breathing apparatus (S.C.B.A.). 2. After the incident commander declares an area safe to enter, Investigators may enter the area without bunker gear or S.C.B.A. However, helmets and boots shall be worn at all times while Investigators are conducting a fire cause determination. D. Hair Standards: Member’s hair will be neat, clean, and trimmed while presenting a groomed appearance. Mustaches and sideburns must be kept clean and neatly trimmed. Members will adhere to all other Fire Department guidelines on hair standards. E. Footwear: All footwear will be cleaned, polished, and in good repair. F. Clothing for Court Appearances: Male members shall wear suits with tie or sports coat and tie when reporting for a court appearance. Female members will wear a business dress or business suit when reporting for a court appearance. G. Correction of Improper Appearance: Any member found in violation of any appearance standard will immediately correct the situation and may be required to make the necessary corrections on their own time. If the improper appearance continues, the member will be subject to disciplinary action. H. Jewelry/Accessories: Members will adhere to the Houston Fire Department Rules SUBJECT: Houston Arson Bureau Guidelines 4 REFERENCE NO. IV-01  and Regulations regarding jewelry and accessories. 6.03 FIREARMS REGULATIONS A. This guideline governs firearm qualification and control. If any conflict exists between this guideline and any previous guideline, policy or procedure governing this subject, this guideline will be superior. B. List of firearms: A complete description of all firearms an officer carries while acting in the capacity of a peace officer must be listed in the H.P.D. computerized database. If a firearm is not listed in the H.P.D. database, that firearm may not be carried by an officer while he is acting in the capacity of a peace officer. In order for a firearm to be listed in the H.P.D. database, an officer must be currently qualified with that specific firearm. If an officer wishes to list a new weapon on the database, he must score 75 percent or better on the proper qualification course. An officer must qualify with a new weapon and have it listed in the HPD database before the new weapon is carried while the Investigator is acting in the capacity of a peace officer. It does not matter whether the weapon is carried as a primary duty, secondary duty, or off-duty weapon, it must be listed in the HPD database. C. Primary duty weapons: Officers of the Houston Arson Bureau may elect to carry either revolver or semi-automatic pistol as their primary duty weapon. Primary duty weapons must meet the following specifications: 1. Revolvers must be chambered for a cartridge of.38 special or larger; 2. Semi-automatic pistols must be chambered for 9mm or larger; 3. Must have a capacity of six rounds or more; and 4. Must have a barrel length of two inches or longer. D. Secondary duty weapons: If an officer elects to carry a secondary weapon in addition to his approved primary duty weapon, it must be listed in the HPD database and the officer must qualify with it under the same provisions as a primary duty weapon. 1. Revolvers must be chambered for a.38 Special or larger caliber; 2. Semi-automatic pistols must be chambered for.380 or larger; 3. Handguns must have a capacity of five rounds or more; and 4. Handguns must have a barrel length of at least two inches. SUBJECT: Houston Arson Bureau Guidelines 5 REFERENCE NO. IV-01  E. Shotguns: Shotguns are subject to the same listing and qualification requirements as all other weapons carried while acting in the capacity of a peace officer. Shotguns may be carried on-duty as long as they meet the following specifications: 1. 12 gauge only; 2. Slide action (also known as a pump action) or semi-automatic action; 3. Cross bolt safety, (Safety must be operated by lateral force on a button on or near the trigger guard.) or tang mounted safety; 4. Barrel must be a minimum of 18 inches and a maximum of 20 inches; 5. Must have a sling attached; 6. Ammunition capacity must be 5 rounds or more; and 7. Only “00” buckshot or #4 buckshot may be used. F. Off-duty weapons: Officers of the Houston Arson Bureau are permitted to carry firearms while off-duty. Firearms carried off-duty by officers must meet the same specifications as “secondary weapons”. Officers must register and successfully qualify with any firearm carried off-duty. However, firearms owned by an officer as part of his personal collection (legitimate hunting or sport) need not be listed as an off- duty weapon if the officer has no reasonable expectation that the weapon will be used while acting in the capacity of a peace officer. G. Ammunition: “Armor piercing”, “Tracer”, or “Glaser safety slug” ammunition is expressly prohibited. Handguns must be loaded with hollow point ammunition only. Shotguns must be loaded with either “00” buckshot or #4 buckshot only. H. Holsters: 1. Holsters for primary duty weapons must be of a design and quality to contain the weapon securely on or about the upper body. It must be equipped with a positive snap, clasp (thumb break), or other type of weapon retention device, so as to prevent the weapon’s unintentional removal or loss. 2. Holsters for secondary or off-duty handguns may be of a type and design allowing for full concealment of the weapon and need not be limited to upper body carry. The holster must also be equipped with a positive snap, clasp (thumb break), or other type of weapon retention device, designed to prevent unintentional removal or loss. 3. Handguns used as secondary weapons may not be carried in a pocket, boot or in one’s waistband without holsters. SUBJECT: Houston Arson Bureau Guidelines 6 REFERENCE NO. IV-01  4. Any exceptions to these holster guidelines must be approved in writing by the Division Chief. 5. Officers may choose not to display their primary duty weapon while conducting “in house business” (i.e., report preparation or office work). In such instances the officer’s weapon shall be kept out of sight and secure from other persons but readily available for use in field operations. Secure means locked in a container. The lock and container should be strong enough that the firearm is not easily available for unauthorized use. The container should be immobile enough that it cannot be easily removed from the storage premises. Firearm storage boxes provided by the Division meet these specifications. I. Carrying firearms and carry limitations: As certified peace officers, Investigators of the Houston Arson Bureau are authorized to take “prompt and effective police action” with respect to violations of the law coming to their attention, whether they are on- duty or off-duty. While off-duty, officers will take “police action” only when conditions indicate a felony or serious breach of the peace has or is about to occur. If an off-duty officer is armed with a properly listed and qualified weapon, as defined above, he is authorized to use it under the same restrictions as if on-duty. J. Under the influence of alcohol or medication: 1. City of Houston Ordinance No. 89-1704, Section 34-4, prohibits a peace officer employed by the City of Houston from exercising the authority of his or her office while off-duty and under the influence of alcohol. “Under the influence” is defined as “any measurable concentration of alcohol in his or her blood, breath, or urine”. Therefore, officers will not carry a firearm while “under the influence” of alcohol. 2. Houston Arson Bureau policy prohibits and officer from exercising the authority of his or her office while on-duty or off-duty and under the influence of alcohol or illegal drug. “Under the influence” is defined as “any measurable concentration of alcohol or an illegal drug in his or her blood or urine”. Illegal drug includes any restricted drug for which an Investigator does not have a current valid prescription issued in his or her name. 3. If an officer is taking a prescribed or over-the-counter medication that contains a warning of physical or mental impairment or the officer knows the medication will impair his or her physical or mental condition, he/she is expected to exercise discretion when carrying a firearm. K. Where weapons may be carried: SUBJECT: Houston Arson Bureau Guidelines 7 REFERENCE NO. IV-01  1. Outside the City of Houston: Officers of the Houston Arson Bureau are authorized to carry firearms outside the City of Houston, but within the State of Texas. When an officer is conducting official law enforcement business and his/her duties require him/her to enter another state, Division policy does not prohibit the officer from carrying a firearm. However, officers are bound by state and local laws of any state into or through which they pass even while on official duty. 2. Psychiatric Wards: Firearms will not be carried in any psychiatric ward except under the most urgent emergency, and then only after giving notification and obtaining approval from the physician in charge of the unit. 3. Courts: Officers will adhere to the court’s firearm policy and will surrender their firearms to a bailiff if requested to do so. 4. Airports: Officers will adhere to the airport authority’s policy concerning firearms. If an officer’s official duty requires him/her to enter a secure area with a firearm, he/she will immediately present his/her official identification before entering the security checkpoint and inform airport security of his/her purpose and intent. If airport authorities deny an officer’s request to enter a secure area with a firearm, the officer will comply without objection. 5. Aircraft: Officers are authorized to carry firearms aboard aircraft only in situations where a weapon is required to ensure the safe completion of a law enforcement mission. Officers desiring to carry a firearm aboard an aircraft shall contact the airline to obtain its policy on carrying firearms aboard an aircraft. Officers will adhere to the airline policy and the orders of the aircraft pilot. 6. Off-Duty and Retired Concealed Carry: On July 22, 2004, President Bush signed H.R. 218 into law, allowing qualified off-duty and retired law enforcement officers to carry concealed firearms in all 50 states. On October 12, 2010, President Barack H. Obama II signed S.1132, the “Law Enforcement Officers’ Safety Act,” into law. The Act, now Public Law 110-272, went into effect immediately and makes modifications to the existing law. Members are reminded to review and comply with Title 18, United States Code, Chapter 44, Section 926c, “Carrying of Concealed Firearms by Qualified Retired Law Enforcement Officers,” when carrying concealed firearms in states other than Texas. (Attachment: Title 18, USC, Chapter 44, Section 926c) L. FIREARMS QUALIFICATIONS: 1. Officers of the Houston Arson Bureau must qualify with their handgun annually during their birthday month. Qualification should be made during the officer’s regular duty hours. Overtime will not be paid for an officer to qualify. SUBJECT: Houston Arson Bureau Guidelines 8 REFERENCE NO. IV-01  2. Official firearm qualifications will be conducted at the Houston Police Department firearm range. Officers must familiarize themselves with and comply with the rules and regulations of the H.P.D. firearms range facility. 3. All officers will be required to complete the designated range course, firing for score with each weapon carried while acting in the capacity of a peace officer. Each weapon carried must be listed in HPD range database. a. Authorization to Carry Firearms: Authorization for an officer to carry a firearm requires that the officer meet all pertinent specifications of this guideline. An officer’s authorization to carry an approved weapon automatically expires 12 months from the end of his last birth month in which he/she qualified. On or before that date, the officer must submit to the qualification procedures described in these guidelines. b. Investigator Responsibility: Supervisors are responsible to see that Investigators under their supervision qualify in their birth month. Investigators are responsible for providing their supervisor and the Training Officer with a copy of their current qualification card (both the front and back of the card). c. Passing Score: An officer may not carry any weapon for which his or her score was less than 75 percent. d. Performance Recognition: Shooting performance will be recognized on each officer’s service record. A card will be issued to each officer upon completion of each annual qualification noting the officer’s level of proficiency. SCORE PERFORMANCE LEVEL 75 – 79.8 Qualified (No medal) 80 – 84.8 Marksman 85 – 94.8 Sharpshooter 95 – 98.8 Expert 99 – 100 Distinguished Expert e. Failure to Qualify: An Investigator must qualify during his birth month. (Subject to exceptions in paragraph “i”). After three qualification attempts during his birth month, any officer that fails to qualify will have an entry into his personnel file (Form 42). The Investigator will then be immediately transferred to the Administration Chief to be assigned remedial training (see paragraph “g”). The Form 42 entry will notify the Investigator that: SUBJECT: Houston Arson Bureau Guidelines 9 REFERENCE NO. IV-01  1. He/she is prohibited from exercising any police powers or privileges until he/she qualifies; 2. He/she is prohibited from carrying a handgun until he/she qualifies; 3. He/she is prohibited from any extra employment until he/she qualifies; and 4. He/she is subject to disciplinary action, including termination, if he does not qualify. f. No Attempt to Qualify: An “attempt to qualify” is defined as actually shooting the course for a score during an official qualifying line supervised and scored by H.P.D. range personnel. If an Investigator makes no attempt to qualify during his/her birth month, an internal affairs complaint will be filed with the HFD Staff Services Office and will be scheduled for the first remedial (4 hour) school. Failure to attend the remedial class will result in an additional internal affairs complaint and the officer will be scheduled for the next 16-hour firearm training class. Failure to qualify after the 16-hour class will subject the officer to an internal affairs complaint and possible dismissal from the Houston Arson Bureau. If an officer does not attempt to qualify three times within his/her birth month, an entry will be placed in his/her personnel file (Form 42). The Investigator will then be immediately transferred to the Administration Chief to be assigned remedial training (see paragraph “g”). The Form 42 entry will notify the Investigator that: 1. He/she did not attempt to qualify three times in his birth month; 2. He/she is prohibited from exercising any police powers or privileges until he qualifies; 3. He/she is prohibited from carrying a handgun until he/she qualifies; 4. He/she is prohibited from any law enforcement related extra employment until he/she qualifies; and 5. Failure to qualify will subject him/her to further disciplinary action including termination. SUBJECT: Houston Arson Bureau Guidelines 10 REFERENCE NO. IV-01  g. Remedial Training: An Investigator will be required to attend the first available remedial course (4 hours) conducted by the qualification range personnel and shoot a passing score. Failure to attend the four-hour remedial class will result in a Form 312 (Counseling Form) entered into the Investigator’s personnel file and an internal affairs complaint will be filed with the Houston Fire Department Staff Services Office. If the Investigator fails to attend or does not qualify after the 4-hour remedial course, the Investigator will be placed in the next available 16-hour firearm-training course. After attending the 16-hour firearm- training course, if the Investigator still fails to qualify, the Investigator will not be allowed to carry a weapon. All firearms with which the Investigator did not qualify must be deleted from the weapons database and may not be carried by the Investigator until he/she has re-qualified with each deleted weapon. Failure to qualify after the 16-hour firearm training class will subject the Investigator to an internal affairs complaint filed with the Houston Fire Department Staff Services Office and possible dismissal from the Houston Arson Bureau. h. Physical Disability: It is the Investigator’s responsibility to provide his/her supervisor and the Training Officer acceptable documentation of any physical limitation or disability, which would prevent him/her from qualifying during his/her birth month. The supervisor will then contact the Division Training Officer and the H.P.D. firing range so that a record of the Investigator’s inability to qualify as scheduled can be created. The disabled Investigator is responsible for making arrangements to qualify when physically able to do so. No Investigator who has been declared physically unable to qualify with his/her firearm may be assigned to any duty that requires him/her to exercise police powers or requires him/her to be armed. In addition, law enforcement related extra employment is prohibited to the disabled officer. i. Legitimate Reasons for not Qualifying: Investigators who have a legitimate reason for not qualifying during their entire birth month must notify their supervisor. The supervisor will then notify the Division Training Officer and the HPD firing range. Examples of legitimate absences include, but are not limited to, authorized absences, documented illness or injury, and special assignments. The Investigator will be given thirty (30) calendar days to qualify upon returning to normal duty. 6.04 ARRESTS/PRISONERS AND SUSPECTS SUBJECT: Houston Arson Bureau Guidelines 11 REFERENCE NO. IV-01  A. Reasonable and Necessary Force in Making Arrests: Investigators shall not use more force than reasonable and necessary when making a lawful arrest. Investigators shall use as much force as reasonable and necessary to overcome the resistance offered and to accomplish the arrest and detention. Investigators shall use as much force as reasonable and necessary for the safety and protection of the arresting Investigator or a third party. B. Use of Handcuffs: All persons arrested by Houston Arson Bureau Investigators will be handcuffed with hands behind them. Prisoner’s hands will remain handcuffed behind them while prisoners are being transported by Investigators. Handcuffs will be double locked for officer Investigator safety and to ensure handcuffs do not injure the prisoner. C. Cause of Arrest and Miranda Warning: After a suspect has been arrested, the arresting Investigator will tell the suspect he/she is under arrest and then state the charge or cause for arrest. The arresting Investigator will give the suspect the Miranda warning at the time of the arrest or as soon after the arrest as possible but before any questioning begins. D. Search of Male Prisoners for Weapons: Prisoners will be searched at the time of arrest by the arresting Investigator. Investigators assuming custody of a prisoner will search the prisoner when he/she first assumes custody. Investigators will immediately take possession of all weapons, contraband and evidence. If for any reason a prisoner has not been searched before being turned over to other Investigators, the arresting Investigator shall, without fail, notify the Investigators receiving the prisoner that the prisoner has not been searched. At no time will prisoners be searched in the Division hallway. E. Search of Female Prisoners for Weapons: Whenever possible, female prisoners should be searched by a female police officer/Investigator unless an immediate search under one of the following conditions is necessary and there are no female officers available at that time and place. 1. When there is reason to believe that the person has in her possession a weapon, a poison, a drug, or other like means of causing death or injury to herself or another. 2. When there is reason to believe that stolen property is hidden about the prisoner and there is imminent danger that it may be discarded or destroyed. 3. When the arresting Investigator deems a search necessary for Investigator safety. Searches in such situations should be made with all possible regard for decency and, if possible, with a witness present. SUBJECT: Houston Arson Bureau Guidelines 12 REFERENCE NO. IV-01  F. Transporting Prisoners, Suspects or Witnesses: Investigators shall transport (or have transported) prisoners, suspects or witnesses to the nearest police station or Division Sector Office without delay. The most direct route from the location of departure to the destination will be taken. Investigators must transport juveniles and females in the company of another investigator or citizen, except in an emergency and then only with approval of his/her supervisor. Whenever transportation in a Division vehicle is required, the following radio messages will be used: 1. Departure with prisoners, suspects, or witnesses – state (your unit number) departing from (location of departure) in route to (destination) with number of (adults/juvenile) (male/female) (prisoner/suspect/witness). Dispatcher will acknowledge and give a time check. 2. Arrival with prisoners, suspects or witnesses – state unit number arriving at (location) with number of (adults / juveniles) (male / female) (prisoner / suspect / witness). Dispatcher will acknowledge and give time check. 3. To conform with national standards such as the National Incident Management System, Ten (10) Codes will no longer be used. All radio transmissions will consist of clear text and common terminology. Refer to Guideline I-P Radio Operations for additional information. G. Safety and Security of Prisoners: The responsibility for the safety and security of a prisoner exists so long as the prisoner is in the custody of this Division. The arresting investigator is responsible for the safe custody of a prisoner until the prisoner is placed in the custody of another investigator or agency. H. Treatment of Suspects and Prisoners: Prisoners and suspects shall be treated in a fair and humane manner. They shall not be humiliated, ridiculed, taunted, or embarrassed. Investigators shall not strike or use any other form of physical force on a prisoner except when reasonable and necessary to prevent an escape, to prevent the prisoner’s acquisition of a weapon, to prevent a suicide attempt, in self-defense or in the prevention of violence to another person. I. Interrogation of Prisoners and Suspects: Interrogations will be conducted in interview rooms or offices. No questioning will be allowed in the hallways. Females shall not be questioned alone, by a male investigator, in an interview room unless there is visibility into the room at all times. Males shall not be questioned alone, by a female investigator, in an interview room unless there is visibility into the room at all times. Investigators shall utilize the services of female officers to assist in the processing of females whenever possible and practical. J. Availability of Weapons: Investigators shall not place or leave unattended, in any location accessible to a prisoner or suspect, any object or weapon capable of inflicting serious bodily injury or death. SUBJECT: Houston Arson Bureau Guidelines 13 REFERENCE NO. IV-01  K. Unconscious, Sick or Injured Prisoners: Any unconscious, sick or injured prisoner must be transported to a Harris County Hospital District facility for examination or evaluated by a doctor at the jail, before the prisoner is placed in jail or questioned. 1. If the prisoner does not wish to receive medical treatment, he/she must refuse treatment in the presence of the doctor and sign a refusal slip there. If he/she should refuse to sign any form, it should be noted and witnessed by the doctor on duty. The prisoner may then be taken to jail, with the refusal slip. 2. If the prisoner is found to be in need of medical attention at the time of arrival at the jail, the arresting Investigator shall be responsible for transportation to the proper facility for treatment (call for ambulance if needed). 3. After arrival at the jail, if a prisoner booked by an investigator requires medical treatment transportation will be arranged by jail personnel. The Houston Arson Bureau on-duty supervisor shall, upon notification, immediately arrange for relief of the Houston Police Officer guarding the prisoner at the medical facility. Investigators assigned to guard a prisoner at the medical facility shall maintain custody of the prisoner until transfer to a jail facility is arranged, or until relieved by competent authority. 4. Any prisoner, appearing to be highly intoxicated who must be carried and is unable to walk even with assistance, must first be taken to a Harris County Hospital District facility for examination and possible medical treatment. If the prisoner can walk with assistance then an on-duty supervisor in Houston Arson Bureau will ascertain to the best of their ability, whether or not the prisoner is in fact intoxicated. L. Psychiatric Patients: Persons suspected of being psychiatric patients will not be placed in the city jail. The only exception is those subjects who are to be charged with felony or other county court cases. All persons suspected of being psychiatric patients will be taken to a Harris County Hospital District facility or NPC (Neuropsychiatric Center) for an evaluation. M. Prisoner’s Claim of Injury: Any prisoner who has been arrested for any municipal court offense, who claims injury and who must be transported to a hospital for treatment will have charges filed by the arresting Investigators. These charges will be kept on file until the prisoner is returned from the hospital. The arresting Investigator will notify the on-duty supervisor of the injury claim. This policy must be followed because a prisoner, who had been under arrest, could leave the hospital after treatment if charges are not pending, and have possible grounds for civil action against the arresting Investigator. N. Safeguarding Property: Investigators are responsible for safely guarding any personal property a prisoner may have in his possession or under his control at the time of arrest or detention. Specific safeguards for firearms and vehicles are as follows: SUBJECT: Houston Arson Bureau Guidelines 14 REFERENCE NO. IV-01  1. All firearms classified as personal property at the time of arrest must be tagged as personal property, under the case number of the offense report made on the arrest. The responsibility to authorize the release of a personal property firearm will fall within the jurisdiction of the agency handling the prisoner at that time. 2. All vehicles seized, when a prisoner is arrested, will be towed to a storage lot. The arresting investigator will provide information regarding the disposition of the vehicle on each booking blotter regardless of whether the vehicle was in fact seized. If a prisoner’s vehicle was released to some other person, the complete identification of that person must be noted on each booking blotter. O. Prisoner’s Use of Prescribed Medication: Jail personnel/doctor will be responsible for administration of a prisoner’s prescribed medication(s) while in custody. P. Traffic Arrests: Investigators shall not make traffic stops unless there is clear and present danger to life or when attempting to arrest for a violent felony. Whenever possible, the Investigator shall have a marked police vehicle make the traffic stop. Q. Arrests in Personal Quarrels: Investigators shall not make arrests in their own personal quarrels or those of their family, except under grave circumstances such as would justify their using measures of self-defense. 6.05 Transportation to Jail: Investigators are responsible for the transportation of prisoners to jail. Prisoners shall be placed either in the City of Houston jail or the appropriate county jail. 6.06 Booking Method for Jail: Investigators will familiarize themselves with and abide by the jail booking procedures as established by Harris County, Fort Bend County and Montgomery County, as well as the City of Houston. A. COMPUTER SYSTEM PROCEDURE 1. Authorization: Authorized use of any of the Division computer systems including but not limited to NCIC, TCIC, HCIC, TLETS II, JIMS, DIMS, HDR, or Is claim search is restricted to entries, modification and inquiries on local, state and national computer files and obtaining any information necessary for the efficient and expedient performance of the division’s operations. Investigators shall limit their transactions and activities to necessary assigned responsibilities. Investigators are not authorized to access information for personal reasons. 2. Use of Information: The computer systems are intended solely as an aid to assist Investigators in the performance of their assigned responsibilities. Personal use of case/computer information is strictly prohibited. Probable cause to arrest shall not be based solely on information obtained through the computer system. Information received through the computer should be SUBJECT: Houston Arson Bureau Guidelines 15 REFERENCE NO. IV-01  considered in conjunction with other information about the circumstances of the offense before any arrest decision is made. 3. Security: Each Investigator will be assigned a security code. Investigators shall not reveal their personal security code nor allow anyone else to use it for access to the computer system. If the security code is forgotten or otherwise compromised, the member shall contact the designated computer liaison personnel to correct the situation. 4. Civilian Access: Civilian access to any of the restricted computer systems or violation of any of the above provisions is considered grounds for disciplinary action including termination. 5. Misuse of the System: Any misuse of the restricted computer system or violation of any of the above provisions is grounds for disciplinary action including termination. 6. Abuse of Equipment: Members shall exercise all reasonable care in handling the computer equipment. Members will be held responsible for any damage resulting from carelessness, intentional abuse or negligence (i.e., spilled drinks, food, paper clips, etc.) 6.07 COURT APPEARANCE A. Attendance: Investigators shall arrive on time and in proper attire for all required court appearances. Investigators will be prepared to testify upon their arrival. B. Testify for a Defendant: Any Investigator subpoenaed or requested to testify for a criminal defendant, against the City of Houston, or against the interests of the Department in any hearing or trial shall immediately notify the Division Chief through the chain of command. The Investigator will also notify the City of Houston Legal Department immediately. C. Assisting in Civil Cases: Investigators shall not serve civil process papers except as required by law. D. Duty Related Court Attendance Overtime Pay: Duty related judicial proceedings of the Federal, State, County, or City of Houston requiring attendance of a member by subpoena during his off-duty time qualifies that Investigator for overtime pay. E. Physical Presence in Courtroom for Overtime: Investigators are required to be physically present in the courtroom or under direct order to standby from an officer of the court or a superior officer of the Division to qualify for overtime pay. Appropriate documentation is required to qualify for overtime pay. SUBJECT: Houston Arson Bureau Guidelines 16 REFERENCE NO. IV-01  F. Certification of Off-Duty Court Attendance Pay: Each Investigator will obtain a court slip for off-duty court attendance pay. The Court Clerk will provide the court slip for certification at time of arrival in court. When the Investigator is dismissed, the Court Clerk will again certify the court slip with the time of dismissal. G. Pretrial Depositions or Conferences: Overtime pay may be paid for attendance at pretrial depositions or conferences only if such conferences or depositions cannot be scheduled during the Investigator’s regular duty hours and if the deposition or conference pertains to an Investigator’s official duties. Prior approval is recommended. H. Investigators may not bill or accept payment from any party to any pending litigation arising from any case the investigator worked while on-duty for the City of Houston; or any case that occurred within the Investigator’s jurisdictional authority. 6.08 EXTRA EMPLOYMENT A. Investigators will comply with all Houston Fire Department regulations relating to extra employment as well as the additional regulations stated herein. B. Log Work Locations or Clients: Investigators shall keep a log of work locations if working a job that requires location changes. If the location changes are part of the same approved employment then a new extra employment application will not be required each time. Investigators shall also keep a log of all clients. The client log may be included within the work location log or in a separate log. Both logs should contain the following minimum information: client’s name, client’s address, client’s phone number, date and time service started, date and time service ended, description of service, location of service. C. The following restrictions will apply to extra employment: 1. Worker’s Compensation, public liability or legal representation benefits provided by the City of Houston may not be available to Investigators for a cause of action related to extra employment. 2. Extra employment shall not exceed 36 hours in any seven-day period in which an Investigator performs 40 hours of regular-duty work. Overtime worked in the Division will count toward the 36 hours on extra employment. 3. Investigators will report any criminal activity found while pursuing extra employment. 4. Investigators shall not work any extra job without written approval by the Division Chief and the Fire Chief. SUBJECT: Houston Arson Bureau Guidelines 17 REFERENCE NO. IV-01  5. Investigators shall not work any extra jobs, nor perform any task relative to extra employment, while on-duty. 6. Investigators shall not in any manner work for or represent any party in a criminal investigation as part of the extra employment. 7. Investigators will not use any city equipment or facilities in furtherance of extra employment. 8. Investigators may not conduct background investigations as part of an extra job or investigate any event that occurred within the City of Houston or Harris County. 9. Investigators shall not adjust or investigate any fire loss outside the scope of their duties as an Investigator with the City of Houston without the written consent of the Division Chief. 10. Investigators working any extra job must comply with all federal, state and local statutes including but not limited to the laws governing private investigators. 11. Investigators shall not work extra employment that has the appearance of impropriety or risks a possible conflict of interest as determined by the Division Chief. 12. Police-related extra employment is allowed only in the following counties: Harris, Ft. Bend, Montgomery, Liberty, Galveston, and Brazoria. 13. Police-related extra employment is prohibited while the Investigator is under suspension or relieved of duty, taking injury leave or sick leave, has not qualified with his/her firearm during his/her birth month, or has otherwise been instructed in writing not to work police-related extra employment. 14. Police-related extra employment is prohibited on the premises of a sexually oriented business. 15 Investigators may not work extra employment on the premises of any business that is not in compliance with all licenses, permits, and regulations required by governing authorities. 16. Investigators may not work police-related extra employment on the facilities or property of a foreign government. 17. Police-related extra employment is prohibited at any establishment whose primary business is the sale and on-premise consumption of alcoholic beverages, including the surrounding parking areas unless there are at least two SUBJECT: Houston Arson Bureau Guidelines 18 REFERENCE NO. IV-01  uniformed officers present. One additional uniformed officer for each 300 persons allowed by the business’ certificate of occupancy over 1,000 is required. 7.00 INVESTIGATION OF FIRE SCENES 7.01 Calls for fire scene investigations are referred to as a “Request for Investigator.” 7.02 “Request for Investigator” Duty: All requests for Investigator calls shall be answered immediately with radio or phone acknowledgment of receipt of the call. 7.03 “Request for Investigator” calls shall be handled by one Investigator or an investigative team at the discretion of the on-duty supervisor. The on-duty supervisor may elect to send one Investigator or an investigative team to a vehicle fire. The on-duty supervisor will send an investigative team of at least two Investigators to each structure fire. In addition, the on-duty supervisor will also respond to each structure fire. The on-duty supervisor is responsible for the safe and efficient operation of his shift. The on-duty supervisor is authorized to recall off- duty Investigators for staffing shortages or to ensure the safe and efficient operation of his shift. The on-duty supervisor must consult with the Division Chief when recalling off-duty Investigators except for staffing shortages. When off-duty Investigators are recalled, the on- duty supervisor will comply with the Arson Division Overtime Policy. (Overtime Policy attached) 7.04 Reports A. Original case reports will be finished before going off-duty in the following cases: 1. Fatality Fires 2. Fires resulting in injuries in which the victim is transported by ambulance to the hospital. 3. Large loss fires ($75,000 or greater) 4. Pending or undetermined fires in which additional fire scene investigation is required. The Investigators who were originally assigned to the fire will secure the fire scene and remain on-duty to complete the fire scene investigation and write the original case report. The oncoming shift will provide support for the original investigative team and will complete a supplementary investigation report. 5. Cases in which a suspect is developed and charges are to be filed. 6. The suspect is in custody. SUBJECT: Houston Arson Bureau Guidelines 19 REFERENCE NO. IV-01  7. Cases in which there is a serious threat/intent to take life or to retaliate. 8. Bombing 9. Robberies/Arson 10. Rapes/Arson 11. Kidnapping/Arson 12. School fires 13. Multiple Alarm fires 14. Recovery of valuable evidence On all other reports, the electronic Arson Case Log and the front page of the case report, with all associated tabs, should be completed before going off- duty. A maximum of one-hour overtime is authorized to complete the front page and the report synopsis. B. In the above cases, the on-duty supervisor’s approval of overtime is required. The on- duty supervisor may require that a report be completed at his/her discretion for just cause. The on-duty supervisor will be held accountable for all overtime authorized. 7.05 “Request for Investigator” Response by Supervisor: On-duty supervisors will respond to all fire scenes involving fire deaths, fires with injuries that require the victim to be hospitalized, structure fires, multiple alarm fires, fires that are left pending or undetermined, bombings, or other special requests, including calls for assistance by any Investigator under his supervision. In addition, on-duty supervisors will respond to Investigator-involved shootings, injuries or accidents. 7.06 Calls for assistance on two alarm fires are left to the discretion of the on-duty supervisor. A Chief Investigator shall be notified on all three-alarm fires, all fire fatalities, bombings, Investigator-involved shootings, or any incident involving an injured Investigator or injured prisoner. Supervisors shall have subjective authority to summon additional assistance on any other incident if conditions or circumstances warrant. 8.0 EVIDENCE 8.01 Procedures for Collecting, Processing and Preserving Evidence in the Field: A. Investigators involved in the evidence collection process should use discretion in collecting evidentiary items. Evidence storage space is critical; therefore, only items of sound evidentiary value should be collected. SUBJECT: Houston Arson Bureau Guidelines 20 REFERENCE NO. IV-01  B. It is the responsibility of the first Investigator at the scene to secure the scene as soon as possible to prevent loss or contamination of evidence. The Investigator securing the scene shall establish and record the identity of any personnel who enter the crime scene and include the time and reason for entry. Should the situation arise, it becomes the responsibility of this Investigator to mark, seal, tag and preserve the evidence. C. The progression of the crime scene processing task is to photograph, sketch, obtain fingerprints, collect, mark, and label evidence. If fingerprinting is required, contact Arson Crime Lab personnel or the HPD Crime Scene Unit. D. The Investigator assuming responsibility for the scene is responsible for the complete processing of the crime scene and safeguarding of evidence. E. One Investigator shall be designated as the evidence technician early in every investigation. This Investigator shall document, collect, and submit all evidence per scene by accurately recording collection dates and times. Investigators shall not submit evidence collected by another investigator. F. Evidence shall be submitted on the same day it was collected and as close as possible to the same time it was collected. G. Investigators are prohibited at all times from storing property in their personal desks, lockers, vehicles, homes or other places that are not secure or would interrupt the chain of custody. Personal use of any property is strictly prohibited. H. Evidence: Samples shall be taken, when possible, for accelerant testing. If unusual evidence or circumstances are encountered, the Arson lab personnel shall be notified. All evidence will be handled as indicated below, in order to maintain the chain of custody and avoid contamination: 1. Place evidence recovered at the scene in the proper container using decontaminated tools. Tools must be washed or cleaned after each sample is recovered. a. Use gallon or quart metal cans for liquid or debris samples. Liquid samples should include just enough to soak several sterile 4x4’s placed inside a quart can. Bulk liquid shall not be submitted. b. Use paper evidence bags for evidence to be analyzed for fingerprints and hold only. c. Use tamper resistant/tamper evident bags for valuable evidence. d. Evidence tags shall be affixed to large items. e. All evidence cans, paper bags and other sealable containers will have the opening(s) sealed with evidence tape that is signed and dated. SUBJECT: Houston Arson Bureau Guidelines 21 REFERENCE NO. IV-01  2. Evidence bags and tags will be filled out with all information available at the time of collection to serve as a reminder and as a backup to the Veripic Barcode System. 3. Enter all items of evidence into the Veripic Barcode System at 3102 Center St. to include case number, Investigator’s name, description of items and disposition plan (i.e., hold only, examine for latent prints, Ignitable Liquid Analysis, etc.). 4. Secure evidence in a locker in the evidence booking room. 5. All evidence must be promptly submitted. Log and submit evidence before starting the investigation report. Evidence must be logged and submitted immediately after leaving the scene unless exigent circumstances do not allow the immediate submission of the evidence. The Investigator who recovered the evidence is strictly responsible for properly logging and submitting the evidence. 6. The State Arson Laboratory request form will be completed for all evidence that requires ignitable liquid analysis only. Evidence collected for fingerprint analysis and hold only shall not be included in the State Arson Laboratory request form. 7. No explosives, dangerous chemicals, nuclear material or ammunition greater than.50 caliber will be submitted to the evidence room. These items will be photographed, documented and the appropriate agency will be contacted. (ATF, HPD Bomb Squad, HFD HAZMAT, etc.) 8. No drugs of any kind will be submitted to the evidence room. These items will be photographed, documented and the appropriate agency will be contacted. (HPD Narcotics or patrol.) 9. Firearms must be submitted in a separate property bag, unloaded and with the ammunition packaged in a separate evidence bag. Arson Crime Lab personnel shall be notified by e-mail in advance of firearms submitted for fingerprint analysis. All firearms shall be checked for stolen status by the initial Investigator and a copy of the NCIC report should be included with the evidence. 10. Wet items taken into evidence will be placed in paper bags so as not to contaminate the evidence. If wet clothing is to be retained as evidence, place items in the bottom row of booking lockers and notify Crime Lab personnel. 11. All documents taken into evidence will be placed into Evidence bags. When handling the documents, be very careful as fingerprints can still be obtained. SUBJECT: Houston Arson Bureau Guidelines 22 REFERENCE NO. IV-01  12. Evidence involving juveniles/children will be handled the same as any other evidence. 13. All contraband seized during routine procedures, will be handled the same as evidence. 14. All confiscated property will be handled the same as evidence. 15. Valuable evidence is cash, negotiable securities, jewelry, or currency with an estimated value over $500. a. The Investigator who recovers valuable evidence must notify the on- duty supervisor before the evidence is recovered or transported. Photograph the evidence in the original position in which it was first discovered, unless leaving the evidence in place would expose it to an unnecessary risk of damage or loss. In any event, photograph the evidence prior to and after it is placed in evidence bags. Lay currency out and photograph as to identify the serial number of the bills. b. After the evidence is photographed it shall be placed inside a TAMPER EVIDENT SELF- SEALING EVIDENCE BAG(S). The Investigator responsible for transporting the evidence shall instruct a senior fire department officer to sign the outside of the sealed evidence bag as a witness that the evidence was placed in the bag. The Investigator’s signature shall also be placed on the outside of each bag along with all relevant identifying data. If no fire officer is present, the Investigator shall obtain the signature of at least one other credible person who is a witness to the placement of the evidence into the bag(s). If no credible person is available at the scene, the investigator will notify the on-duty supervisor. The on-duty supervisor will go to the scene and sign the evidence bag. If necessary the on-duty supervisor will assist in transporting the valuable evidence. At no time will the Investigator leave the scene without the proper signatures on the evidence bags. If there are two or more bags of valuable evidence, each bag will be labeled 1 of 4 bags, 2 of 4 bags, etc. The signatories of the bags will initial the notation 1 of 4 bags, etc. indicating that the bag count is correct. c. Under no circumstance is Valuable Evidence, as defined herein, to be transported without at least two signatures on the evidence bag with one of the signatures being that of the transporting Investigator(s). Valuable Evidence shall not be transported with less than two investigators in the transporting vehicle. d. Upon arrival at the Arson Lab storage facility, the evidence shall be properly logged and secured under ordinary rules governing the submission of evidence. SUBJECT: Houston Arson Bureau Guidelines 23 REFERENCE NO. IV-01  e. Contact Houston Arson Lab Personnel before transporting valuable evidence so arrangements can be made to secure evidence directly into the safe. f. All Bureau investigative personnel who assisted or witnessed the collection or transportation of valuable evidence as defined herein shall submit a signed supplementary investigation report before going off- duty. The supplementary report will give details about the valuable evidence, number of bags containing the evidence, its recovery, and transportation. g. Exceptions to this guideline may be made under exigent circumstances such as contaminated evidence or evidence that may require special laboratory analysis. Any such exception shall be made only with the approval of the Division Chief or designee. 16. Oversized items: When items are too large for the Evidence Booking Lockers, notify the Crime Lab personnel for immediate acceptance into the property room. 17. Seizure of Computer Equipment: a. Whenever it becomes necessary to seize computer equipment that is in an operational state and information is suspected to be contained in such equipment qualifying as evidence, the Investigator shall collect and submit the equipment as a whole prior to: energizing equipment; or removing any disks or peripheral equipment. 18. Audio/Video Evidence: a. Digital audio statements shall be entered into the Veripic system by investigators. b. Scene videos taken by lab personnel shall be entered into the Veripic System to allow viewing by all Investigators. c. Other video evidence obtained, such as surveillance video’s and recorded video interviews on DVD’s should be physically submitted into the Veripic Barcode System as evidence. This type of evidence requires a large amount of electronic storage and therefore cannot be stored in the Veripic System at this time. SUBJECT: Houston Arson Bureau Guidelines 24 REFERENCE NO. IV-01  d. Video evidence should be placed in a CD/DVD envelope and the Barcode label should be attached to the back of the envelope. Evidence bags and tape are not required for this type documentary evidence. 19. Court Subpoena for Evidence: The Investigator who received the subpoena for evidence will immediately notify Arson Lab personnel specifying exactly which items are needed for court. The Investigator that recovered the subpoenaed evidence will pick up the items at the Arson Lab. The Investigator must transport the evidence to the courtroom to maintain the chain-of-custody. 8.02 Latent Prints A. The following general guidelines will be followed when processing a crime scene for latent prints: 1. The Investigator will collect and submit potential fingerprint evidence to the Arson Crime Lab for processing. 2. Any Investigator collecting evidence for fingerprint analysis should always wear gloves and handle the item carefully, as to not smear existing latent print or leave their own fingerprints on the item. Contact with commonly used areas, such as handles or locations where the item is most likely to be touched should be avoided. 3. Items submitted for fingerprint analysis should be allowed to breathe by placing them in a sealed paper bag and should never be sealed in a metal can. Metal cans are reserved for evidence requiring the containment of vapors, such as fire debris, clothing, and sterile 4x4’s saturated in unknown liquid. 4. When items are too large to transport, Arson Crime Lab personnel shall be contacted to respond. Arson Crime Lab personnel will then make a decision to transport the item or process the item in place. 5. Firearms submitted for fingerprint analysis should be carefully unloaded while avoiding contact with the smooth surfaces of the weapon, which could yield latent fingerprints. Under no circumstances should a loaded weapon be submitted. Contact lab personnel if special circumstances arise concerning a loaded weapon. B. When requesting a comparison of latent prints with fingerprints of known suspect(s), the requesting Investigator will include inked fingerprint cards, if available. 8.03 Special Cases Blood and other bodily fluids SUBJECT: Houston Arson Bureau Guidelines 25 REFERENCE NO. IV-01  Sexual assault/abuse Fibers, hair, and trace evidence Tool marks and footwear/tire impressions. The above listed cases require special containers and collection methods not currently assigned to Investigators. The collection of these types of evidence will require the assistance of Arson Crime Lab personnel and/or HPD Crime Scene Unit. The responding Investigator’s supervisor should be notified of these situations. 8.04 Crime Scene Photography and Videotaping A. Photography of every response will be the responsibility of the initial Investigator. The Investigator will photograph all aspects of the fire scene using assigned digital camera equipment. Incidents requiring the response of Arson Crime Lab personnel will be photographed and videotaped by lab personnel. B. When the exact size of an item being photographed is required, a photograph should be taken of the evidence without the ruler or marker prior to taking a photograph with the marker. A scale shall be placed next to the item to add dimension and aid in development for life-size prints. The same camera settings, position and lighting in the event the court desires photographs of evidence in which nothing has been introduced into the field of view. C. If the evidence to be photographed is a fixed object, the dimensions of that object should be recorded to provide a scale of reference. D. Upon completion of the photography and scene processing, the Investigator shall submit the images into the Veripic Photo Database. E. Video documentation of a crime scene may be done in addition to still photography. Crime lab personnel will conduct video documentation of a crime scene. The digital medium will be entered as evidence into the Veripic Photo Database. 8.05 Labeling A. Use an indelible ink marker for labeling metal cans and evidence bags at the scene for later identification and label creation during booking. 1. When marking Evidence/Property for later identification, be sure to use date, time and Investigator's initials. B. The Investigator collecting the evidence must clearly mark the evidence by firmly attaching the printed label on the container and sealing it with evidence tape. The Investigator shall sign his/her name across the evidence tape used to seal the bag/container signifying chain of custody. This will positively identify the evidence and prove the chain of custody. SUBJECT: Houston Arson Bureau Guidelines 26 REFERENCE NO. IV-01 8.06 Packaging A. Packaging Materials: 1. All materials used to package evidence should come as close as possible to the correct size of the object to be packaged. Use the smallest bag/container possible. Oversized containers use up valuable storage space in property and evidence room. 2. All material used to package evidence should be suited to the type of evidence collected (i.e., wet items should not be stored in plastic bags). If there is a problem in packaging any evidence, notify the Arson Crime Lab personnel. 3. Metal cans are reserved for items requiring further testing and shall be submitted with the printed label on the side of the can. The top of the can is used by lab personnel for further testing. Red evidence tape containing the date and investigator’s name shall be placed over the lid of the can and touching both sides of the can. B. Evidence/Property Bags: 1. The Investigator’s name who obtains the evidence is placed on the line titled, "Collected by" and will fill in all fields on the bag. Each person who touches the evidence will sign the bag. Touching of evidence should be kept to the Investigator charged with collecting evidence if at all possible to limit the "Chain of Custody". Do not sign the name of anyone who cannot testify to the fact that they saw/handled the evidence. 2. The Investigator must be as specific as possible when describing the item of evidence placed in the container. This information will be used to enter the evidence into the Veripic Barcode Database and create the printed label. 3. The label shall be placed on the back of the evidence bag after it has been sealed with evidence tape so as to not block any part of the label. 4. Arson Crime Lab personnel will not open items unless further examination or analysis is requested. “Hold only” items will remain in their original container until final disposition, without ever being seen by anyone besides the initial investigator. 5. All evidence bags shall be sealed with red evidence tape along the entire seam created by the fold and shall include the date and the Investigator’s initials. 6. The Investigator who collected the evidence must submit the evidence. This will reduce the number of persons in contact with the evidence and further preserve the “Chain of Custody”. Once an Investigator assumes the evidence SUBJECT: Houston Arson Bureau Guidelines 27 REFERENCE NO. IV-01  collection duty, he/she must conduct the entire process of collecting, packaging, and submitting the evidence, while assuring his/her name and signature is placed on all items and paperwork. 8.07 Evidence Processing Personnel, Equipment and Supplies A. The Arson Bureau will supply Investigators with evidence bags and cans of several sizes to be used at crime scenes. B. The Arson Bureau Crime Lab will maintain special equipment for processing all types of crime scenes in an effective and timely manner. The specialized equipment is maintained for the following purposes: Recovery of latent prints, photography, video, and collection and preservation of evidence. 8.08 Crime Scene Reporting A. An accurate record of events that transpire at the scene in connection with the investigation is required at the time of trial. It is the responsibility of the Investigator who processes the scene to submit a detailed report describing the sequence of events associated with a crime scene investigation as related to evidence. This can be accomplished by including the above listed information in the initial report or completing a supplemental report. B. A short summary of this information is also required in the narrative section of the State Arson Lab form. C. If assistance is requested at a fire scene (Arson Crime lab, HPD Crime Scene Unit, etc.), a note of the request and the results of their action will be included with the Investigator’s initial report or supplemental report. 8.09 Evidence Procedures A. As previously stated, all evidence collected will be entered into the Veripic Barcode Database. The submission will be completed and signed, via electronic signature pad by the Investigator. Evidence will then be secured in the evidence booking room at the Houston Arson Crime Lab. B. The Houston Arson Crime Lab personnel are responsible for submitting all ignitable liquid samples to the State Arson Lab. C. In the event an examination of an item of evidence cannot be conducted by personnel of the Arson Bureau, the assigned Investigator, his/her supervisor, and Arson Crime Lab personnel will meet and decide the best course of action for the examination. This will be determined on a case-by-case basis. SUBJECT: Houston Arson Bureau Guidelines 28 REFERENCE NO. IV-01  D. The items to be transported to the State Arson Lab will be signed out of the evidence room. The Arson Crime Lab personnel will mail the original State Arson Lab form along with the evidence to the State Arson Lab for accelerant analysis. E. The State Arson Lab will submit a written report detailing their findings to Houston Arson Crime Lab personnel, who will then submit the original results to the custodian of records and provide the follow-up supervisors a copy. This report will be filed with the case jacket. 8.10 Evidence Preservation and Release A. Evidence or potential evidence shall be preserved in the same condition as when seized, whenever possible, in order to preserve a defendant’s right to a fair trial and to assist the prosecutor in the presentation of the case. This will be accomplished by maintaining an unbroken chain of custody by Investigators who control the handling of evidence or potential evidence. B. The number of Investigators within the Chain of Custody of an article of evidence or potential evidence shall be kept to a minimum. C. All evidence, and the completed submission forms, will be relinquished to Arson Crime Lab personnel or be locked in the evidence booking locker prior to the end of the Investigator’s shift. The property and evidence room will be secured with a lock and will be protected by an alarm system. Only Arson Crime Lab personnel will be permitted to enter the property and evidence room. D. All evidence secured within the evidence room shall be logged in and out each time it is removed and replaced. The names of the relinquishing and receiving Investigators will be included in all the applicable forms. 1. Investigators may remove evidence from storage for court purposes and/or investigations. a. Investigators removing evidence for any purpose will sign the signature pad to maintain the "Chain of Custody". b. All evidence removed from evidence storage will be returned by the Investigator who removed it. In the event it is necessary to leave the evidence with the court, the Investigator removing the evidence will secure a signed property release form from an official of the court and return it to the Arson Crime Lab. 2. On those occasions when an Investigator attempts to return evidence that has previously been checked out for court, or other purposes, and crime lab personnel are unavailable, the Investigator will have to contact personnel from SUBJECT: Houston Arson Bureau Guidelines 29 REFERENCE NO. IV-01  the crime lab for instructions. In his/her notes, the Investigator will record (for possible later use in court) the person receiving the item, the date and time the item was returned for storage. Also, the evidence bag must be signed. E. In the event that evidence or property is transported to court, released to another agency, or permanently released from the Bureau, a property release form will be required and the officer, agency representative, lawful owner, or legally appointed representative of the owner will sign the form indicating that they have taken possession of the property previously held by the evidence function. F. An Investigator charged with custody of evidence or potential evidence shall insure that no person has an opportunity to tamper with said evidence. G. All Investigators having custody of evidence or potential evidence shall be prepared to testify in court as to the conditions of the article while under his/her control and the precautions taken to ensure that the evidence remained in the same condition as when it was taken into custody. H. Crime lab personnel will photograph all perishable evidence, which cannot be preserved in its original condition at the time of seizure and will be prepared to testify in court as to the accuracy of what the photographs portray. I. No evidential items shall be used for personal reasons by any member of the Houston Arson Bureau and the Division Chief or his designee must approve its final disposition. J. All property obtained for evidence will be properly handled in accordance with applicable laws or decisions. All evidence will remain in the custody of the crime lab until the case is properly adjudicated. K. All evidence, not defined as illegal to own or possess, shall be relinquished to the rightful owner as soon as possible after the court has adjudicated the case. A receipt for the property will be retained. 8.11 Guidelines for Disposition or Destruction of Property A. The Investigative function has the responsibility for authorizing the disposal of evidence items collected. For arrest cases, Investigators are responsible for requesting court disposition of evidence items that are involved in their cases. In cases which do not reach judicial authority and have passed their statute of limitations, the Arson Crime Lab Investigators have the responsibility for authorizing the disposal of evidence items in storage, after consultation with the Division Chief. A supplemental report must be submitted before the items are disposed of. A copy of the supplemental report must be saved on the Arson Division’s report database and sent to the Custodian of Records, to be added to the main file. SUBJECT: Houston Arson Bureau Guidelines 30 REFERENCE NO. IV-01  B. Disposition of evidence is mandated by statute, specific court order or departmental policy. Items of no value or unlawful items will be destroyed. Items of value will be returned to the rightful owner, if the determination of ownership can be established. Items of value for which rightful ownership cannot be established will be transferred to the appropriate City of Houston department for auction. C. Evidence items will be disposed of at periodic intervals, depending upon the type of case. In major cases, the appropriate Sector Chiefs will be advised that the evidence is going to be disposed of by the Arson Crime Lab personnel. The Sector Chief will then advise the Arson Crime Lab if there is a need for continued retention of the evidence. If there is a need to hold the evidence longer, the Sector Chief, or his designee must justify the need to do so. If there is no need for further retention, the Sector Chief, or his designee must sign the form approving disposal. All forms must then be reviewed by the Division Chief for approval. 1. In misdemeanor cases, when no arrests have been made, evidence items will be disposed of after 180 days. 2. In felony cases, where no arrests have been made, evidence may be disposed of after 180 days. 3. Liquor evidence collected in cases of arrest, for illegal consumption or similar simple liquor offenses, will be disposed of after disposition from the court is received, without notifying the Investigator. 4. Found unlawful items, such as alcoholic beverages and controlled substances turned in as confiscated property, will be disposed of after ten (10) days, without notifying the Investigator. 5. Suspected controlled substances taken in conjunction with searches or arrest will be transferred to an appropriate lab for testing and held as evidence until such cases are cleared. The controlled substances will be placed in a cardboard box and sealed with evidence tape prior to transportation to the laboratory. D. Confiscated Property Handling Procedures 1. Confiscated property items will be handled with the same care as evidence. 2. General collection, packaging, preservation and storage of confiscated property will follow the same procedures as in this policy for evidence. 8.12 Vehicle Inventory SUBJECT: Houston Arson Bureau Guidelines 31 REFERENCE NO. IV-01  A. At the time of every arrest in which a vehicle is involved, the arresting Investigator shall determine if the vehicle should be impounded. If it is deemed necessary to impound the vehicle, the following procedures shall apply: 1. After the subject has been arrested and any allowable searches of the vehicle have been completed, at least two Investigators shall complete a written inventory of the vehicle at the scene. 2. All property contained within the vehicle, including the trunk and compartment areas, shall be inventoried. Locked and sealed luggage, boxes or other containers may not be opened but will be appropriately described and identified. If personnel have cause to believe that there is a threat to the safety of the public, Investigators shall notify the appropriate Arson Bureau Lab personnel and secure the area. 3. After the inventory has been completed, the Investigators will make arrangements to have the vehicle driven or towed to the Arson Lab Storage lot. 4. The arrested subject shall be provided a receipt for any property removed from the vehicle by Investigators. 9.00 JUVENILE GUIDELINES 9.01 Juveniles shall be placed into custody: A. If there is reason to believe that the juvenile has engaged in delinquent conduct; or B. If there is reason to believe the juvenile has engaged in conduct indicating a need for supervision; or C. If in the Investigator’s opinion: 1. The juvenile is dangerous to themselves or others, or 2. The juvenile will abscond from justice; or 3. The juvenile has been abandoned by parents or guardian. 9.02 Juvenile(s) must be given the statutory warning by the Investigator when placed in custody. A juvenile must be warned by a magistrate prior to interrogation. The juvenile must sign any statement obtained by Investigators in the presence of the magistrate and outside the presence of an Investigator. The magistrate must complete and sign a Juvenile Competency Form. At this point, the juvenile may be placed in the Juvenile Division of the Houston Police Department or Harris County Juvenile Probation Department. A complete case file must be provided to the agency taking custody of the juvenile at the time custody is taken. The case SUBJECT: Houston Arson Bureau Guidelines 32 REFERENCE NO. IV-01  file must include the Division original investigation report and any other documents connected with the case. Investigators will complete any forms or reports required by the agency taking custody of the juvenile. 9.03 If an Investigator decides to leave a juvenile offender in the custody of the juvenile’s parent, he is still required to report this offense to the Juvenile Probation Department and furnish that department with a complete case file. The case file must include the Division original investigation report and any other documents connected with the case. 9.04 Case Clearance within 24 Hours: The case has to be cleared within 24 hours after a juvenile is taken into custody, or the juvenile will be released unless sufficient evidence has been produced for judicial proceedings. 9.05 Handling Children (under 10 years of age): Children (under 10) may be taken into custody when there is no parent or guardian to whom the Investigator can release the child, or when releasing the child to a parent or guardian would be harmful to the child. When a child is taken into custody, the child shall be immediately transported to the Harris County Children’s Protective Services and left in the custody of an officer there. NOTE: Any suspected neglect or abuse of a juvenile or child shall be immediately reported to the Harris County Children’s Protective Services. 9.06 Juvenile Fire Stoppers Referral: Investigators must complete and submit a sep