Mission Police General Orders 2019 PDF

2019 Mission Police General Orders Mission Police Department Last Updated: May 13, 2021 1 Table of Contents  Table of Contents SECTION ONE- LAW ENF...

2019 Mission Police General Orders Mission Police Department Last Updated: May 13, 2021 1 Table of Contents  Table of Contents SECTION ONE- LAW ENFORCEMENT ROLE, RESPONSIBILITY AND RELATIONSHIP 1.01 - Employee Declaration of Ethics & Law Enforcement Code of Ethics---------------------5 1.02 - Oath of Office------------------------------------------------------------------------------------------8 1.03 - Legal Authority and Discretion-------------------------------------------------------- -----------10 1.04 - Public Information-----------------------------------------------------------------------------------12 1.05 - Response to Resistance----------------------------------------------------------------- -----------19 1.06 - Active Shooter----------------------------------------------------------------------------------------30 1.07 - Search and Seizure-----------------------------------------------------------------------------------34 1.08 - Search and Forfeiture ------------------------------------------------------------------------------47 SECTION TWO – ORGANIZATION, MANANGEMENT AND ADMINISTRATION 2.01- Department’s Policy Manual Mission Statement--------------------------------------------- 50 2.02 – Command Structure & Departmental Definitions-------------------------------------------- 52 2.03 – General Orders, Special Orders, Written Directive, and Memorandums----------------57 2.04 – Agency Owned Property & Capital Asset Inventory------------------------------------------ 61 2.05 – Department Petty Cash & Alarm Permits---------------------------------------------------- 65 2.06 – Records Section / Departmental Reports ----------------------------------------------------- 69 2.07 – Personnel Files –TCOLE & Professional Standards------------------------------------------- 76 SECTION THREE- PERSONNEL STRUCTURES AND PROCESSES 3.01 – Assignment and Transfer of Personnel----------------------------------------------------------80 3.02 – Department Overtime & Time Off---------------------------------------------------------------- 84 3.03 – Code of Conduct-------------------------------------------------------------------------------------- 89 3.04 – Sexual and Other Unlawful Harassment-------------------------------------------------------- 106 3.05 – Social Networking------------------------------------------------------------------------------------ 109 3.06 – Professional Standards------------------------------------------------------------------------------ 113 3.07 – Off Duty Employment & Department Managed Employment-----------------------------124 3.08 – Department Security, Visitor Pass, & Desk Duty Officer------------------------------------ 130 3.09 – Vehicle Accident & Employee Injury Prevention---------------------------------------------- 133 3.10 – Background Investigations------------------------------------------------------------------------- 137 3.11 – Administrative Rules and Procedures------------------------------------------------------------146 3.12 – Task Force-----------------------------------------------------------------------------------------------153 3.13 – Confidential Funds------------------------------------------------------------------------------------ 157 3.14 – Communications Policy and Procedures---------------------------------------------------------161 3.15 – MDC Laptop Operational Procedures------------------------------------------------------------ 175 3.16 – Security Criminal Justice Information------------------------------------------------------------ 181 3.17 – Grooming Standards----------------------------------------------------------------------------------185 3.18 – Authorized Uniform and Equipment------------------------------------------------------------- 189 3.19 – Body Armor---------------------------------------------------------------------------------------------193 3.20 – Informants---------------------------------------------------------------------------------------------- 196 SECTION FOUR – LAW ENFORCEMENT OPERATIONS 4.01 – Patrol Bureau-------------------------------------------------------------------------------------------202 4.02 – Driving, Maintaining & Parking Vehicles---------------------------------------------------------206 4.03 – Escorting Sick or Injured Persons------------------------------------------------------------------213 4.04 – Shoplifting Arrest--------------------------------------------------------------------------------------214 4.05 – Prisoner Searching, Use of Restraining Devices & Transportation------------------------215 4.06 – Crime Scene Processing------------------------------------------------------------------------------218 4.07 – Preliminary Investigations & Follow-up Investigations---------------------------------------222 4.08 – Community Outreach and Customer Service---------------------------------------------------233 2 Table of Contents  4.09 – Alarms----------------------------------------------------------------------------------------------------237 4.10 – Domestic Violence & Emergency Protective Orders------------------------------------------240 4.11 – Biased Based Profiling--------------------------------------------------------------------------------246 4.12 – Mobile Video Recording System-------------------------------------------------------------------250 4.13 – Body Worn Cameras----------------------------------------------------------------------------------253 4.14 - Eyewitness Identification-----------------------------------------------------------------------------264 4.15 – Vehicle Pursuits----------------------------------------------------------------------------------------270 4.16 – Bomb Threats-Explosives----------------------------------------------------------------------------279 4.17 – Hazardous and Radioactive Material Incidents------------------------------------------------282 4.18 – Officer Involved Shootings Reporting and Investigations----------------------------------- 285 4.19 – Missing Persons--------------------------------------------------------------------------------------- 290 4.20 – Juvenile Offenders------------------------------------------------------------------------------------297 4.21 – Patrol Canine Program------------------------------------------------------------------------------ 307 4.22 – Critical Incident Management--------------------------------------------------------------------- 320 4.23 – Special Weapons and Tactics Team (SWAT)--------------------------------------------------- 335 4.24 – Hostage Negotiation Team (HNT)---------------------------------------------------------------- 344 4.25 – Firearms- Rules and Regulations----------------------------------------------------------------- 351 4.26 – Sex Offenders------------------------------------------------------------------------------------------ 360 4.27 – Civil Disturbances & Mass Arrests---------------------------------------------------------------- 363 4.28 – Evidence------------------------------------------------------------------------------------------------ 373 4.29 – Civilian Operators & Riders of Department Vehicles---------------------------------------- 387 4.30 – Responding to Persons Experiencing a Mental Crisis---------------------------------------- 390 SECTION FIVE- TRAFFIC OPERATIONS 5.01 – Traffic Accident Investigations-------------------------------------------------------------------- 397 5.02 – Hit and Run Investigations------------------------------------------------------------------------- 401 5.03 – Traffic Enforcement---------------------------------------------------------------------------------- 403 5.04 – MRAP---------------------------------------------------------------------------------------------------- 405 5.05 – Citations------------------------------------------------------------------------------------------------ 409 5.06 –Impounding Vehicles, Abandoned Vehicles & Vehicle Hold Orders---------------------- 411 5.07 – Vehicle Inventory------------------------------------------------------------------------------------- 415 SECTION SIX- OPERATONS SUPPORT 6.01 – Crime Scene Investigations------------------------------------------------------------------------- 418 6.02 – Police Training Requirements--------------------------------------------------------------------- 423 6.03 – Field Training Officer Program-------------------------------------------------------------------- 428 SECTION SEVEN- AUXILIARY AND TECHNICAL SUPPORT 7.01 – Reserve Officer Program---------------------------------------------------------------------------- 437 7.02 – Department Honor Guard-------------------------------------------------------------------------- 439 SECTION EIGHT- HOLDING FACILITY OPERATIONS 8.01 – Holding Facility Operations------------------------------------------------------------------------ 443 SECTION NINE-MUNICIPAL COURT 9.01 – Municipal Court Security & Operations--------------------------------------------------------- 461 SECTION TEN- COMMERCIAL MOTOR VEHICLE 10.01 – Commercial Motor Vehicle Enforcement----------------------------------------------------- 466 3 Table of Contents Section One - Law Enforcement Role, Responsibility and Relationship 4 Table of Contents  MISSION POLICE DEPARTMENT GENERAL ORDER SUBJECT Employee Declaration of Ethics & Law Enforcement Code of Ethics SECTION CHAPTER One 1.01 AUTHORIZING SIGNATURE DATE 10-01-2019 Chief of Police BP: 2.02, 2.17 The purpose of this directive is to establish a code of ethics to be adhered to by both civilian and sworn employees of the Mission Police Department. I. Policy: It is the policy of the Mission Police Department that employees, both sworn and non-sworn be aware of the ethical responsibilities of their position and constantly endeavor to live up to the highest possible standards exhibited of a professional police organization. II. Employee Declaration of Ethics A. The employees of the Mission Police Department are committed to a code of conduct that guides behavior and performance to ensure our professionalism is reflected in the activities and operation of the agency. Employees are to respect the rights of individuals and will not engage in discrimination, oppression or favoritism. As such, Mission Police Department employees pledge to: (BP: 2.17) 1. Always remember we exist to serve the public. 2. Treat everyone with dignity, respect and understanding, without regard to race, national origin, citizenship, religion, ethnicity, age, gender or sexual orientation, and assist them in a prompt, courteous manner. 3. Maintain the highest standards of integrity, honesty, and impartiality in the performance of daily duties. 4. Abide by all Federal and State laws, rules and regulations, local ordinances, and City and Police Department policies. 5. Conduct themselves in a manner that shall never bring discredit or embarrassment to the City of Mission or the Mission Police Department. 6. Present themselves in a professional manner by adhering to the authorized dress code for sworn and non-sworn employees. 7. Ensure open lines of communication with all members of the Department. 5 Table of Contents  8. Extend professional courtesy and respect to everyone with whom we come in contact. 9. Maintain confidentiality of information and never compromise our positions with the Police Department. 10. Practice and promote teamwork and cooperation in all dealings with Police Department and City personnel. B. All Sworn Officers, within the City limits of Mission will take appropriate action to: 1. Protect life and property. 2. Preserve the peace. 3. Prevent crime. 4. Detect and arrest violators of the law. 5. Enforce all federal, state, and local laws and ordinances coming within Departmental jurisdiction. 6. Care for lost, helpless, injured or ill persons. 7. Actively promote community, government and law enforcement partnerships; engage in proactive problem-solving to address the causes of crime, fear of crime and other similar job- related issues. 8. In meeting all objectives all members and employees will make every effort to uphold the Law Enforcement Code of Ethics C. Law Enforcement Code of Ethics (BP: 2.02) As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feeling, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, 6 Table of Contents I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession … law enforcement. 1. Rigid adherence to the principles set out above is mandatory for anyone accepting a position with the Department. Acceptance of these principles should not be taken lightly; it should be weighed carefully. The community places a trust in police officers and expects them to conduct themselves as to merit this trust. Members should be proud to hold a position that demands so much. 2. There must be a moral philosophy and strong appreciation of the need for service in any profession. Unwavering adherence to such a moral philosophy will earn for police officers the respect and support of the public. 3. Each member of the Department will be required to conform to the Law Enforcement Code of Ethics. (BP: 2.02) 7 Table of Contents  MISSION POLICE DEPARTMENT GENERAL ORDER SUBJECT - Oath of Office SECTION CHAPTER One 1.02 AUTHORIZING SIGNATURE DATE 10-01-2019 BP: 2.03 Chief of Police I. Purpose: The purpose of this directive is to establish Departmental policy for the oath of office taken by all sworn employees. II. Policy: All sworn members of the Mission Police Department prior to performing the duties as a police officer shall take and abide by an oath of office to be verbally administered by the Chief of Police or his designee. The oath of office shall also be documented in written form and signed by the new officer in the presence of a notary public. The oath of office shall be placed in the officer’s permanent personnel file. (BP: 2.03) 8 Table of Contents Intentionally left blank 9 Table of Contents  MISSION POLICE DEPARTMENT GENERAL ORDER SUBJECT - Legal Authority and Discretion SECTION CHAPTER One 1.03 AUTHORIZING SIGNATURE DATE 10-01-2019 BP: 1.06, 1.09 Chief of Police I. Purpose: The purpose of this directive is to define and elaborate on the scope and limits of law enforcement authority vested in sworn members of the Department. II. Scope: A. The scope and limits of authority vested in sworn personnel of the Mission Police Department is stated in the ordinance of the City of Mission, Texas and in accordance with the constitutional laws of the United States and the State of Texas. Defined in the Texas Code of Criminal Procedure under Article 2.13, Duties Powers which states: B. It is the duty of every peace officer to preserve the peace within the officer’s jurisdiction. To affect this purpose, the officer shall use all lawful means. The officer shall in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime; execute all lawful process issued to the officer by a magistrate or court; give notice to some magistrate of all offenses committed within the officers jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried. (BP: 1.06) C. If an employee is hired as a Police Officer, they must hold a Texas Basic Peace Officers License prior to performing law enforcement duties. (BP: 1.09) III. Discretion: 10 Table of Contents A. On-Duty Police Officers 1. Sworn officers shall use all lawful means to preserve the public peace, within the jurisdiction of the incorporated limits of the City of Mission and within those areas owned by the City of Mission which lie outside the geographic boundaries of the City. 2. Officers are encouraged to use discretion in the performance of their assigned duties, taking into consideration the conditions present at the time, the constraints of policy and existing statutes, laws, and ordinances pertaining to the situation, and enforcement alternatives available to the officer which might better serve all concerned. 3. Officers shall keep in mind that physical arrest is a substantial infringement on the personal liberties of an individual, regardless of the nature of the offense. When appropriate, officers may exercise alternatives to arrest, including: citations, warnings, and informal resolution. B. Off-Duty Police Officers 1. Police intervention is best served by on-duty police officers, whom are better equipped to safely respond to such incidents. Officers should consider the totality of the situation prior to becoming directly involved in an off-duty capacity. 2. Off-duty police officers should not take any direct police action when involved in an incident at a personal level, except under circumstances justifying self-defense or to prevent serious bodily injury or death to others. 3. Off-Duty police officers should refrain from taking direct police action when impaired from the use of alcohol or prescribed medication. 4. In the event that action is taken, an off-duty police officer shall: a. Immediately report the situation to the law enforcement agency having jurisdiction. b. Cooperate fully by providing appropriate information to the investigating agency. c. Thoroughly articulate the facts and circumstances surrounding the incident and forward such information through the appropriate channels within the Mission Police Department regardless of the jurisdiction of the occurred incident. 11 Table of Contents  MISSION POLICE DEPARTMENT GENERAL ORDER SUBJECT4 - Public Information SECTION CHAPTER One 1.04 AUTHORIZING SIGNATURE DATE 10-01-2019 Chief of Police BP: 5.03, 5.04 I. Policy: A. The purpose of this policy is to offer procedures and guidelines for the release of information to the general public and media. The Mission Police Department recognizes that it must have the community’s support to be successful. Establishing and maintaining an effective public information program is crucial to accomplishing this goal. B. The Mission Police Department understands that the fundamental philosophy of the American constitutional form of representative government assumes that the government is the servant of the people. Each person is entitled at all times, unless otherwise expressly provided by law, to complete information about the affairs of government and the official acts of public officials and employees. C. Further, the Mission Police Department acknowledges that one of the most important objectives of law enforcement is to safeguard the rights of citizens as enumerated in the United States and Texas Constitutions. Among the most important of these rights is the assurance that citizens are afforded due process of law. Another important right guarantees freedom of the press. D. If a conflict exists between the open flow of information to the general public/media and the protection of an individual’s constitutional rights, the rights of the individual shall take precedence. II. Definitions: A. PIO is the abbreviation for Public Information Officer. B. The Department refers to the Mission Police Department. III. Responsibilities of Public Information Officer (BP: 5.04) A. The PIO reports directly to the Chief of Police; 12 Table of Contents  B. The PIO will handle daily media inquiries about traffic accidents, routine investigations, and other enforcement matters. The PIO will not refer the media to other agency employees; C. The PIO will coordinate all aspects of general public information and community relations programs designed to establish and promote the agency’s identity and positive image; D. The PIO will coordinate special media requests, as needed; E. The PIO will prepare and disseminate to the media written news releases on major incidents and events of community interest or concern; F. The PIO will organize, coordinate, and facilitate press conferences and media briefings in connection with major events of concern to the community; G. The PIO will supervise the release of sensitive information about victims, witnesses, suspects, agency investigations, operations, and other information that could be detrimental to individuals or the criminal justice process; H. In multi-jurisdictional operations, the PIO will coordinate with the lead agency. III. On-Scene Media Inquiries: A. Members of the Department shall refer all media inquiries and requests in a timely and professional manner to the PIO. B. Members of the Department will not respond to media inquiries and shall not initiate contact with the news media on any type of incident. Such notification shall be conducted by the Chief of Police, his designee, or the Public Information Officer. IV. PIO Notification: 1. Certain particularly newsworthy incidents require immediate notification of the PIO and the Chief of Police by the supervisor in charge of the incident. They are, but not limited to: a. Incidents involving the serious injury or death of department personnel; b. Shootings involving officers of this department; c. Criminal incidents resulting in the death of any one person involved; d. Disasters resulting in loss of life or extensive property damage; e. Deaths or near deaths of persons in custody; f. Any incident when SWAT is called out; g. Any fatal motor vehicle accident; 13 Table of Contents  h. Any incident involving persons who, by their position in society, are of interest to the public; i. Any other special situation that, in a supervisor’s opinion, may require the attention of the Public Information Officer. J. At the scene of a critical incident, all media inquiries and requests shall be referred to the PIO. A. Access to Crime Scenes and Other Incidents At crime scenes and other incidents, Department personnel shall ensure that the media respect the established perimeter. Members of the media shall receive no more or less access to the incident scene than members of the general public. The Chief of Police may grant closer access to news personnel and their equipment, to the degree that it does not interfere with law enforcement operations. B. No member of the Department shall prohibit the media from news-gathering practices, including photography and interviews, outside the established perimeter. C. At incident scenes, the PIO or on-scene commander shall establish a media briefing area as close to the scene as safety and operational requirements allow. D. At incident scenes, members of the agency shall work in close cooperation with the media to ensure that live broadcasts do not disclose any information that could endanger law enforcement personnel or the general public. V. Other Information Inquiries: A. During normal business hours, media inquiries shall be directed to the PIO. B. After regular office hours and on holidays and weekends, the ranking supervisor of the on-duty patrol shift shall be responsible for notifying the PIO of all media inquiries. The information released must be in compliance with Information Release Guidelines found in this general order. (BP: 5.03) C. Interviews 1. The PIO shall be responsible for conducting interviews with the media. All interviews must be approved by the Chief of Police. 2. Employees contacted directly by the media shall notify the PIO. 3. All conversations with members of the news media must be considered “on the record” and subject to being quoted. 14 Table of Contents  D. Press Releases 1. News releases shall be written and/or disseminated to the media on major incidents and events of community interest or concern by the Chief of Police, his designee, or the PIO E. Press Conferences Press conferences shall be held at the request of the Chief of Police. F. Public Records 1. The Records Section maintains the traffic accident records, incident reports, criminal information files, and other statistical information gathered by the department. 2. The Mission Police Department shall abide by all local, state, and federal laws governing the release of public records. G. Release of Information Unless authorized by the Chief of Police, his designee, the PIO, or this general order, employees of the Department shall not release a copy of an official police report or any information obtained from any police report. H. Access to Suspects No member of the Department shall pose any suspect or accused person in custody or make him/her available for media interviews. I. Joint Investigations of Operations involving another Agency 1. In a multi-jurisdictional investigation, the lead investigative agency is responsible for providing and coordinating the release of public information. The PIO shall share that information with all involved agencies in advance of public dissemination. 2. Exceptions are: a. If the lead agency requests the Department release the information; b. If the Department’s role in the investigation is a major part of the investigation, and the lead agency consents to the release of information; or c. If the Department determines that not releasing the information would violate the Texas Public Information Act. d. The dissemination of this information must be approved by the Chief of Police. VI. Information Release Guidelines: 15 Table of Contents A. The release of information is subject to regulations established in the Texas Public Information Act. (BP: 5.03) B. No member of the Department shall release any information that would hamper the successful conclusion of an investigation or jeopardize the safety of affected persons. C. The Department is required to release basic information about an incident. Basic information has been defined as: 1. The name, age, address, race, sex, occupation, alias, and physical condition of the arrested person; 2. The date and time of the arrest; 3. The place of the arrest; 4. The offense charged and the court in which it was filed; 5. The details of the arrest; 6. Booking information; 7. The notation of any release or transfer; 8. Bonding information; 9. The location of the crime; 10. The identification and description of the complainant; 11. The premises involved; 12. The time of occurrence of the crime; 13. The property involved, if any; 14. The vehicles involved, if any; 15. A description of the weather; 16. A detailed description of the offense; and 17. The names of the arresting and investigating officers. D. The following is a general list of information that should not be released. This is by no means an exhaustive list: (BP: 5.03) 16 Table of Contents  1. Information regarding a sex crime, abduction, spouse or child abuse which, if divulged, would tend to lead to a victim’s identification (other than sex, race, and age); 2. The identity of any juvenile offender (other than sex, race, and age); 3. The identity of any witnesses; 4. The identity of any critically injured or deceased person prior to notification of next of kin; 5. Information that would jeopardize an on-going investigation; 6. Completed criminal cases that do not result in a conviction or deferred adjudication (except basic information); 7. Highly personal or embarrassing information; 8. Internal memoranda or policies describing tactics or procedures that could give criminals an advantage. 9. Job assignments, equipment, or tactical information that could give criminals an advantage; 10. Controversial matters that may result in litigation; 11. Personal opinion not founded in fact; 12. Home address, telephone numbers, and family information of members of the Mission Police Department. 13. Photographs of sworn personnel unless authorized by the Texas Public Information Act or a signed release has been obtained from the officer in question. VII. Miscellaneous: A. Media Ride-Alongs 1. Media ride-alongs allow members of the media to accompany law enforcement officers as they perform their duties. 2. Officers of the Department shall not permit members of the media to accompany them onto private property nor shall they assist in securing permission to access from property owners. 3. Members of the media must make arrangements for any ride-along through the PIO. 4. All media ride-alongs must be approved by the Chief of Police. B. Training 17 Table of Contents  The Department is committed to providing proper training for its public information officer. Supervisors, line officers, and other personnel who interact with the media shall also be provided access to appropriate training. (BP: 5.03) C. Ethics It is the policy of the Department to treat members of the media professionally and ethically. D. Media Credentials The Department acknowledges representatives from recognized media organizations who carry and display photographic identification issued by their employer. Anyone else shall be considered a member of the general public. VIII. Texas Public Information Act: (BP: 5.03) A. The Texas Public Information Act is applicable to information in all files and records of the Department, including information contained in the incident reports. B. All written request for information from any person, which that officer or employee does not routinely provide, shall immediately notify their immediate supervisor. The supervisor shall immediately forward the request to the Chief, or his designee. Every written request for information must either be complied with or an exception must be sought from the Texas Attorney General’s Office. An exception must be sent to the Attorney General’s Office within ten (10) business days so it is imperative that these requests are forwarded immediately. C. An officer or employee shall not ask the requestor why they are requesting the information. 18 Table of Contents  MISSION POLICE DEPARTMENT GENERAL ORDER SUBJECT5 - Response to Resistance SECTION CHAPTER One 1.05 AUTHORIZING SIGNATURE DATE 07-31-2013 10-01-2019 09/09/2020 BP: 2.25, 3.02, 3.04, 3.06, 6.01, 6.02, 6.03, Chief of Police 01/11/2021 6.07, 6.09, 6.10, 6.11 I. Purpose: A. The purpose of this chapter is to establish the Department’s policy regarding the use of force by officers. All officers are required to abide by the rules and will be held accountable for the same. B. In a complex urban society, officers are confronted daily with situations where control must be exercised to affect arrests and to protect the public safety. Control may be achieved through advice, warnings and persuasion or finally by the use of physical force. Although the judicious use of force is permitted by law and the officer is, in fact, duty bound to exercise force under certain circumstances, the unnecessary use of force runs contrary to law and subjects the officer and the Department to potential civil or criminal liability. Therefore, physical force should be used only when the officer reasonably believes that other reasonable alternatives have been exhausted or would be ineffective under the particular circumstances. The officer is authorized in using only the level of physical force that is necessary and reasonable to achieve the desired legal objective. (BP: 6.01) II. Procedure: A. The types of force an officer may use as reasonably necessary include but are not limited to: 1. Mere presence. 2. Verbal direction and command. 3. Hands on (physical contact). 4. Less than lethal. 5. Deadly force. 19 Table of Contents  B. Force may be used by police officers in the performance of their duties if the officer reasonably believes it is necessary: 1. To preserve the peace. 2. To prevent the commission of an offense. 3. To make a lawful arrest, to make a lawful detention, implement or obey an order of a magistrate or court, or to overcome resistance to such order. 4. For self-defense, or defense of another against unlawful violence to a person or property. 5. To prevent an intrusion on the lawful possession of property. C. Medical Aid after Using Force. (BP: 6.07) Medical treatment should be provided to any person who has sustained an injury, to persons who request it, or to persons experiencing an adverse reaction in connection with any incident involving an officer’s use of force. D. Limitations of Force. The following acts associated with the use of force are prohibited: 1. Application of a choke-hold or carotid-control holds, except when the officer reasonably believes such holds are the only means of protecting himself or herself or another person from imminent threat of serious physical injury or death and the use of deadly force would be authorized. (BP:6.11) E. Duty to Intervene (BP:2.25) Definition: Intervene- To come between, whether verbally or physically, so as to prevent or alter a result or course of events. 1. All members of the Department must recognize and act upon the duty to intervene to prevent or stop any member from conducting any act that is unethical, or that violates law or policy (e.g., excessive force, theft, fraud, inappropriate language, sexual misconduct, harassment, falsifying documents, inappropriate behavior, etc.). Members must document any excessive use of force, in writing, to a supervisor. 2. Intervention may be verbal and/or physical 3. Failure to intervene may subject a member to disciplinary action, civil liability and or criminal prosecution. III. Non-Deadly Force: A. Chemical Spray: 1. Guidelines for Usage: 20 Table of Contents  a. Prior to issuance and usage of a chemical spray, officers are required to complete a user- certification course approved and taught by the Department. (BP: 3.04) b. Officers shall carry only a Department issued spray. c. Chemical spray is intended to provide the officer with an alternative method of non- deadly force when attempting to subdue an attacker or to overcome resistance that is likely to result in injury to the officer, the suspect, or a third party. d. Verbal threats of violence, by and of themselves, do not justify the use of chemical spray. The threats must be imminent and the officer must reasonably believe that it would be unsafe to physically approach or be approached by the suspect. e. The effects of a chemical spray vary for each individual, so officers should be alert to the possibility that other means may be necessary to subdue suspects unaffected by the chemical spray. f. The guidelines for the use of chemical spray apply to both on-duty and off-duty situations. g. Officers are required by state law to fill out the “Administrative Notice” every time OC Spray is utilized. 2. Treatment for Affected Persons: (BP: 6.07) a. As soon as practical, a person exposed to the chemical spray should be given the opportunity and means to neutralize the effects of the spray. Persons exposed to spray should wash the affected area with cold water. It is inadvisable to use creams, ointments, or bandages on the affected areas. b. The arresting officer will notify the jail personnel at the Detention Center that the prisoner has been exposed to chemical spray and of proper treatment techniques. c. Medical treatment should be provided if the affected person requests it or if the officer observes that the person is having an adverse reaction to the spray. 3. Maintenance and Re-issue: a. Officers should periodically check the fluid level of the aerosol chemical spray dispensers by simply shaking the dispenser. If the chemical spray has an expiration date it shall be replaced prior to the expiration date. b. The chemical spray is subject to monthly line inspections by supervisors. c. If the spray canister or dispenser is believed to be defective, the officer will have it examined by a supervisor. If found defective, the officer should take the canister/dispenser to the supply officer for re-issue. 21 Table of Contents  d. If an officer depletes a canister of spray, the officer should request re-issue through Supply by turning in the depleted canister and submitting for replacement through the Mission Police Department “Equipment Request Form”, signed by a supervisor. e. Any misuse or misapplication of the chemical spray must be documented by supervisors and is subject to administrative review and disciplinary action. B. Conducted Energy Device (Phazzer) updated 09-09-2020 1. A conducted energy device (CED) herein after referred to as Phazzer is used to electrically disrupt muscular control. It allows officers to quickly subdue a resisting subject without having to resort to the use of deadly force. 2. As with any other weapon, precautions must be observed in the use of PHAZZERs. Any subject who has been controlled with the PHAZZER must be monitored for any medical problems. 3. The duties of supervisors of officers issued the PHAZZER include active supervision, maintaining managerial controls, and ensuring that officers are in compliance with this order. C. Training and Qualification Procedures 1. Only personnel who successfully complete the department’s training course and demonstrate the required proficiency in the use of the PHAZZER shall be certified and allowed to carry the PHAZZER. 2. All training and qualification for the PHAZZER shall be conducted by certified instructors. 3. The Office of Professional Responsibility (OPR) shall be responsible for compiling and analyzing data from incidents involving the use of the PHAZZER to identify training related needs and issues. 4. In order to maintain proficiency in the use of the PHAZZER, all officers certified to carry the weapon shall receive mandatory in-service training at least annually. D. Carrying the PHAZZER 1.Certified officers shall carry the PHAZZER on their duty belts. 2.The PHAZZER shall never be left unsecured. 3.Only holsters approved by Mission Police Department will be utilized. 4.The PHAZZER shall always be carried on the side opposite the duty handgun. 5.Personnel checking out the PHAZZER shall be responsible for the proper maintenance and care of the weapon. This shall include checking battery life and the expiration date of air cartridges, wiping away dirt and dust, and insuring the rubber stopper is secured on the data port. E. Authorized Use of the PHAZZER 1. The PHAZZER may be utilized in situations when necessary to subdue a noncompliant subject when lesser means of control have not been successful. 2. The PHAZZER may be utilized to debilitate a subject who poses an immediate threat of serious bodily injury or death to himself/herself, the officer, or others. 22 Table of Contents F. Prohibited Use. Use of the PHAZZER is strictly prohibited under the following circumstances. a. When flammable gases or liquids are known to be in close proximity to the subject. b. One at a time: No more than one officer at a time should activate a PHAZZER against any person. c. Where the suspect is at an elevated location and there exists risk of serious injury or death from a fall. This includes proximity to deep water or other similar locations. d. On higher risk populations unless the situation would justify a high level of force, including deadly force and the use of the PHAZZER is an effort to avoid using the higher level of force. The phrase “higher risk populations” means visibly pregnant females; young children or juveniles; the visibly frail or infirm; elderly (over 65); those who appear to weigh less than 100 pounds. e. Handcuffed prisoners, without the expressed authority of a supervisor. Exigent circumstances must exist, such as to prevent the subject from injuring himself or others and other means of control are ineffective or unavailable. f. On a subject who is confined to a wheelchair unless it is reasonably believed that PHAZZER is needed to prevent serious injury to the individual and/or if deadly force is justified. g. On a subject in control of a vehicle. h. On individuals with known neuromuscular disorders, such as muscular sclerosis, muscular dystrophy, or epilepsy. i. On persons known to be wearing pacemakers or other biomedical devices sensitive to electrical current. j. On a person known to have a heart condition. G. PHAZZER Deployment 1. Prior to deploying the PHAZZER, whenever reasonable and practical, verbal warnings shall be issued. The purpose of the warning is for the following: a. Provide the individual with a reasonable opportunity to voluntarily comply. b. Provide other officers and individuals with warning that a Phazzer device may be deployed. 2. In situations where PHAZZER use is a possibility, officers should consider requesting EMS before use. 3. Prior to deploying the PHAZZER, the deploying officer shall announce the word “PHAZZER” to alert others of the impending use of the weapon. 4. “Clear” shall be announced by the deploying officer subsequent to the use of the PHAZZER and prior to affecting the arrest, so as to alert others that the weapon is no longer being deployed. 5. When activating a PHAZZER, the officers should use it for one standard cycle and stop to evaluate the situation. (A standard cycle is five seconds.) If subsequent cycles are necessary, only the number and duration of cycles necessary to place the subject in custody will be used. 6. Officers should consider that PHAZZER exposure lasting longer than 15 seconds (whether due to continuous or multiple cycles) may increase risk of death or serious bodily injury. 7. Applications of more than 15 seconds should be weighed against other force options. 8. Officers will be particularly alert for medical distress of the subject. 23 Table of Contents  9. Officers should make every effort to avoid firing darts or directing the contact stun method at a subject's head, neck, front chest area, or genitalia. Preferred targeting is the center mass of the subject’s back. Where back targeting is not possible. 10. The PHAZZER direct contact stun method may be utilized as an alternative deployment method when both probes fail to make contact with the subject and its effectiveness is reduced or the regular deployment method is either not possible or likely to be ineffective. 11. The PHAZZER shall not be used in any manner that constitutes torture or torment. 12. It shall not be used to elicit statements, awaken an intoxicated subject, or punish any individual. H. Post Deployment 1. Immediate Restraint: The subject will be restrained immediately to prevent additional resistance or injury. The subject will not be restrained in a manner that impairs respiration. Other than initially securing the subject, the subject shall not be left in a face-down prone position. If other restraints are unavailable, the subject may be handcuffed in front using a belt or strap to secure the cuffs to the body. 2. Supervisor Response. The on-duty supervisor or command officer will immediately respond to the scene of any PHAZZER use. The supervisor will review the circumstances of the use and conduct a preliminary investigation. 3. Removal of Probes. PHAZZER probes shall be removed as soon as possible. PHAZZER probes that are imbedded in a subject’s skin (as opposed to just clothing) shall be removed only by EMS personnel, other medical personnel, or police personnel who are trained in the removal of the probes. 4. Police personnel shall not remove PHAZZER probes that have struck a subject’s head, throat, groin, or any other sensitive area. 5. A PHAZZER probe that has penetrated a person’s skin shall be considered a biological hazard and shall be handled with the appropriate care. 6. All persons who have been subjected to a PHAZZER activation should be monitored regularly while in police custody even if they received medical care. 7. Anyone subject to PHAZZER deployment showing any signs of physical distress shall be transported immediately to a medical facility. I. Reporting and Investigation 1. A use-of-force report shall be completed on all PHAZZER incidents. Personnel must clearly articulate the reasons for the initial use and all subsequent cycle(s) in the use-of-force report. This includes the actual or threatened use of the PHAZZER by an officer. 2. The supervisor responding to the scene shall conduct an immediate preliminary investigation that shall include the following: a. Location and interview of witnesses (including other officers) b. Photographs of subject and officer injuries; c. Photographs of cartridges/darts; d. Collection of PHAZZER cartridges, darts/prongs, data downloads, car video, body camera video, and copies of the device data download. 3. Photographs of the subject shall be taken in all instances involving a subject who is injured or complains of being injured as a result of the use of the PHAZZER. Photographs should depict 24 Table of Contents  overall condition of the suspect, any injuries, and the locations where the probes made contact. All PHAZZER deployments or discharges, including test firings, shall be recorded in a PHAZZER log. A supervisor must sign the PHAZZER log verifying that the information contained therein is accurate. The presence of a supervisor during testing is not required. 4. Expended PHAZZER cartridges shall be submitted to the property unit as evidence. 5. The Chief of Police may request an outside investigation by the sheriff’s department or Department of Public Safety when any of the following factors are involved: a. A subject experiences death or serious injury; b. A person experiences prolonged PHAZZER activation; c. The PHAZZER appears to have been used in a punitive or abusive manner; d. There appears to be a substantial deviation from training; e. A person in a high-risk population category has been subjected to activation (see list above) f. Any other activation as determined by a supervisor. J. Inspection Supervisors shall, on a regular basis, inspect their officer’s PHAZZER log and data port to determine if there have been any discharges since the previous inspection. Any undocumented discharges shall require the officer to prepare a memorandum to the Chief of Police explaining the circumstances surrounding the discharge. K. General Considerations 1. Officers should be aware that multiple activations and continuous cycling of a PHAZZER appear to increase the risk of death or serious injury and should be avoided whenever possible. 2. Officers must be aware of the limitations of the PHAZZER and be prepared to transition to other force options as needed. 3. Officers should be aware that there is a higher risk of sudden death in people under the influence of drugs and/or symptoms associated with excited delirium. L. Defense Against PHAZZER Use 1. When a subject is armed with a Conducted Energy Device (C.E.D.) and attacks or threatens to attack a police officer, the officer may defend himself when he/she reasonably believes it is immediately necessary to avoid becoming incapacitated and risking the possibility that the subject could gain control of the officer’s firearm. When possible, officers should attempt to move outside the device's range (approximately 25 feet) and seek cover, as well as request back- up officers to mitigate the danger. IV. Restraints: A. Handcuffs: 1. Handcuffs will be used only in the manner described and taught by the Training Section. 2. Handcuffs will be used on all persons taken into custody. Officers may use discretion only in situations involving medical/disabled conditions or when dealing with an elderly person. 25 Table of Contents  3. Officers should avoid placing individuals in handcuffs when the individual is not yet under arrest. There may be certain situations, however, where handcuffing a person whom is not yet under arrest may be necessary. An officer shall be able to reasonably articulate the facts and circumstances that warrant placing a person not yet under arrest in handcuffs. If a person is placed in handcuffs and is subsequently released without arrest, an incident report shall be written to document the incident. The report should be titled “Detention without Arrest”. If an officer is already writing a report, the circumstances and reasons for the detention must be documented in the report. Situations that may warrant handcuffing without arrest can include: a. The person is being questioned about his/her involvement in a crime and appears to be a flight risk and/or appears to be destroying or about to destroy evidence (such as illegal drugs). b. The person appears to be a suspect in a crime but due to their behavior (screaming, yelling, will not obey officer’s commands) needs to be restrained while the crime is investigated. c. Contraband or other evidence of a crime is located (after investigation an officer may elect to not arrest the person). d. The person poses a threat to officers and/or civilians on scene and needs to be restrained for safety. e. An officer’s prior knowledge of a person (prone to violence, evading, destroying evidence) B. Other Restraints: 1. Only Department issued and approved restraint devices will be utilized. 2. Only Department approved methods of restraint will be used. Officers shall not use a method of restraint until trained in its use. 3. At no time will any person in custody be restrained in a manner referred to as “Hog-tied”, where the person’s hands are cuffed in the rear and the feet are restrained and tied to or connected to the hands in a manner that does not allow movement of the legs. V. Deadly Force: (BP: 6.02) Officers are authorized to use deadly force to: A. Protect the officer or others from what is reasonably believed to be an immediate threat of death or serious bodily injury. B. This will be in accordance to the requirements of the Texas Penal Code Section 9.51. 26 Table of Contents  Deadly force, as used in this section, includes but is not limited to the discharging of a firearm at a person in order to cause death or serious bodily injury. Nothing in this policy should be construed as to prohibit officers from using whatever means are necessary, including use of weapons or objects not on the approved weapons list to protect the life of an officer or other person in an emergency situation. VI. When Firearms May Not Be Used: Firearms shall not be discharged under the following circumstances: A. As a warning. (BP: 6.09) B. From a moving vehicle or at a fleeing vehicle, except when there is substantial risk that the person to be arrested will cause death or serious bodily injury to the officer or another if the arrest is delayed. C. To affect the capture of an individual attempting to escape, unless there is substantial risk that the person to be arrested will cause death or serious bodily injury to the officer or another if the arrest is delayed. VII. Reporting Use of Force: A. Response to Resistance Documentation: (BP: 6.03) 1. All officers, either on or off duty, will be required to write a detailed incident report any time force or deadly force is used or threatened against a person in order to cause that person to be arrested, detained, or to comply with a lawful order given by the officer. 2. When force or deadly force is used in the execution of a search warrant, raid, or SWAT activity, only one incident report from a designated team member will be required. 3. For the purposes of this section, force and deadly force means: a. Threat of Force b. Physical Force. (Empty hand control-pressure points or striking) c. OC Spray. d. Impact Weapons. e. Other Less Lethal Devices f. Firearm. (Does not include discharging a firearm for training purposes) 4. To document the use of force the Initial Reporting Officer shall complete an Initial incident report documenting in detail the circumstances surrounding the use of force in the investigative narrative of the incident report. The Initial report shall have “Response to Resistance” in the title of the initial incident report. In addition to the original incident report, the officer shall complete a “Response to Resistance Report” briefly summarizing the use of force information, including a description of the force option used and whether or not it was effective, in the narrative summary. After the “Response to Resistance Report” is 27 Table of Contents  made, the originating Officer will send the Response to Resistance entry for chain of command review per Use of Force protocols. (BP: 6.03) 5. All Response to Resistance Reports will be forwarded to the Bureau Commander through the chain of command after being reviewed and approved by the officer’s immediate supervisor. The Bureau Commander will submit all “Response to Resistance Reports” to the Office of Professional Responsibility for Administrative Review. 6. Each additional officer involved who uses force, and is not the initial incident reporting officer, shall document their own use of force by completing a “Response to Resistance Report.” The “Response to Resistance Report” shall document all the necessary details of the use of force as well as a summary of the use of force that includes a description of the force option used and whether or not it was effective. 7. If there is no other reason to write an incident report other than the requirement of documenting the use of force, the officer shall follow the same steps as described above in #4. An example of this would be the; demonstrating the use of force such as drawing your weapon or any other departmental gear/equipment to force officer’s request for compliance. B. Supervisory Duties 1. Injury Incidents a. When a person is injured because of an officer’s use of force or a less than lethal weapon is used, (OC Spray, Bean Bag Shotgun, and Pepper Ball Air Soft Rifle) the employee shall notify an immediate supervisor. The immediate supervisor will investigate the use of force. The investigating supervisor will complete the investigation and make any comments relative to the investigation on the “Response to Resistance Report” submitted by the Officer. All pertinent reports, documents and available photographs will be attached to the “Response to Resistance Report” by the supervisor investigating the Response to Resistance. After the investigation is complete and the appropriate comments and documentation is attached to the “Response to Resistance Report”, the supervisor investigating the Response to Resistance will forward the “Response to Resistance Report” for chain of command review as per Use of Force protocols. The Bureau Commander will submit all “Response to Resistance Reports” to the Office of Professional Responsibility for Administrative Review. b. The immediate supervisor will determine if any policy violations occurred or if there were any training issues that need to be addressed with the officer involved in the use of force. The immediate supervisor will submit his report in a memo form and will forward it up the chain of command, along with the “Response to Resistance Report.” c. In the case of Officer involved shootings, all employees shall follow the guidelines outlined in the Policy Manual. 2. Non-Injury Incidents 28 Table of Contents  a. Any use of force, other than the physical strength and skill normally required to restrain or arrest a person that is capable of, but does not cause an injury, shall be reported to the officer’s immediate supervisor via a “Response to Resistance Report.” b. The immediate supervisor will review the “Response to Resistance Report” and address any policy violations or training issues with the Bureau Commander. If there are policy violations the officer’s immediate supervisor will complete a report in a memo form and forward it for chain of command as per Use of Force protocol. c. If the investigating supervisor determines that the force was justified and there were no policy violations or training issues he/she will approve the “Response to Resistance Report and forward it for chain of command review as per Use of Force protocols. VIII. Annual Use of Force Report: An annual report on Use of Force incidents will be prepared by the Office of Professional Responsibility each January of every year and be submitted to the Operations Assistant Chief of Police and to the Chief of Police. The purpose of this report is to identify any trends, necessary training, equipment needs or policy revisions as it pertains to use of force incidents. This report will be kept in the Office of Professional Responsibility. (BP: 6.10) IX. Annual Use of Deadly Force Training: The Training Bureau will conduct annual training in the proper use of deadly force and the use of any firearm used in the course of law enforcement duties during one of the firearms qualifications each year. (BP: 3.02) X. Self-Aid Buddy Aid: S.A.B.A. encompasses basic life support and life saving techniques to help wounded or injured personnel survive in medical emergencies until medical help is available. S.A.B.A. training is completed every 24 months (at a minimum) and is administered to all sworn personnel. S.A.B.A. Training consists of a power point presentation and hands-on practicum. (BP: 3.06) A. Marked patrol units will be equipped with a basic medical kit which will be inside the vehicle’s glove box. B. Unmarked investigations units will be equipped with a basic medical kit which will be inside the vehicle’s glove box. C. Additional S.A.B.A. kits will be available in case of emergency in the records bureau and communications bureau to which personnel will be educated in the storage location of the medical kits. 29 Table of Contents  MISISON POLICE DEPARTMENT GENERAL ORDER SUBJECT - Active Shooter Response SECTION CHAPTER One 1.06 AUTHORIZING SIGNATURE DATE 10-01-2019 BP: 6.02, 6.07, 7.34 Chief of Police I. POLICY An active shooter is defined as incidents where one or more armed individuals have used, or are reasonably likely to use deadly force in an ongoing manner, and where persons have been injured, killed, or are under imminent threat of death or serious bodily harm by such persons. It is the policy of this agency to respond, contain, and stop the threats and administer aid to the victims. When officers are faced with the ongoing or reasonably likely continuation of the use of deadly force by a suspect(s), and delay in action by police could result in additional deaths or injuries, officers are authorized rapid intervention to eliminate the threat. II. PURPOSE To establish policy and procedures governing the response and activities associated with an active shooter event which will mitigate any further risk of injury or death to civilian or law enforcement personnel. III. DEFINITIONS A. Active Shooter - an incident where one or more armed individuals have used, or are reasonably likely to use, deadly force in an ongoing manner, and where persons have been injured, killed, or under imminent threat of death or serious bodily harm by such persons. B. Rapid Intervention- The immediate and forceful response by officers to an active shooting based on a reasonable belief that failure to take action would result in further death or serious bodily injury. C. Contact Team- The first officer(s) at the scene of an active shooting who enter a location with the intent of neutralizing the threat. D. Rescue and Recovery Team or Rescue Task Force- A group of officers (and firefighters and medical personnel) who make entry after the contact team to provide Tactical Combat Casualty Care and evacuate persons from a hazardous area to a secure treatment area for further treatment and transport. E. Incident Commander- The first arriving supervisor (not a part of a contact team) who takes charge at the scene, regardless of rank. F. Tactical Combat Casualty Care—(TCCC) The immediate and limited care needed before movement to more advanced care to prevent the death of the individual during movement. Usually limited to application of a tourniquet or pressure bandage(s). 30 Table of Contents IV. PROCEDURES A. Initial Dispatch 1. The first report of an Active Shooter may not be that shots have been fired. It may be only a suspicious person or man with a gun call. Officers and Communicators should be alert to the possibility of these types of calls may progress into an Active Shooter call. 2. Dispatchers will notify the chain of command to include the Chief of Police or his/her designee of any active shooter event. Fire and EMS should be notified and requested to respond in accordance with their protocols. 3. Upon arriving to the scene of an active shooter event and assessing the scene, the agency should implement their mutual aid agreements with other police agencies if necessary, and fire and rescue agencies. Additionally, it may be necessary after the incident to collaborate with recovery agencies to assist with the scene and any victims. V. FIELD RESPONSE A. Initial Response (BP: 7.34) 1. If an Active Shooter call is dispatched, all on-duty sworn personnel will respond Code 3. All non-uniform personnel will respond to the scene only if “Police” jackets are worn. Non-uniform personnel without proper equipment will begin setting up a perimeter and preventing unauthorized entry to the area. Only sworn officers from this or other jurisdictions are initially allowed entry. Responding parents or relatives should be directed to the reunification point once established. 2. The first responding Supervisor, if not needed as part of a Contact Team, will assume the role of Incident Commander and establish a Command Post in a safe area away from the structure. (If the first arriving supervisor is needed and becomes a part of a Contact Team, the second arriving supervisor will become Incident Commander. This supervisor will begin coordinating other parts of the incident including the deployment of Rescue Teams, until relieved by a higher ranking or assigned Incident Commander. B. Contact Team 1. The first officer to arrive should attempt to determine the situation and communicate information and direction to other responding officers and supervisors. Ideally, if time permits, the first two to five officers arriving should form a single team and enter the involved structure. A single officer entering a structure must understand the inherent risk assumed in taking such action. 2. The decision to enter the structure without a full team should be based on: i. Is there an immediate threat (gunfire or other indications)? ii. How far away is a cover officer iii. Is the officer equipped to respond to the threat? 31 Table of Contents  3. The first officers entering the structure should recognize that their primary objective is to stop further violence. Officers must move quickly and deliberately to the source of gunfire and stop the violence. Officers should attempt to identify and communicate locations of victims needing medical attention. If practical, and absent continued shooting, officers should treat any massive hemorrhaging that may result in the immediate loss of life. 4. Officers will comply with the department’s Deadly Force Policy when responding to these incidents. (BP: 6.02) C. Rescue Team 1. Rescue Teams should be organized as soon as possible and directed to victim locations. Rescue teams can be comprised of officers, firefighters and/or medical personnel, as long as these personnel are protected by armed officers. Guidelines for follow-on responders include: i. Establish and maintain security in the area that follow-on responders occupy; consider the involved structure as unsearched. ii. Do not enter a hallway unannounced that is occupied by other officers. iii. Direct victims to safety by utilizing either shelter-in-place or evacuation. If evacuating, establish a cordon of first responders to the desired exit point to ensure safety of victims. iv. Establish a point for injured persons. The area should be a room or open area (if outside of the structure) capable of holding all victims with injuries that require medical treatment. A series of rooms next to each other can be considered if casualties exceed available space. D. Incident Command 1. The initial Incident Commander should concentrate their activities initially to: i. maintaining open communications with any Contact Teams deployed ii. Assembling and sending in Rescue Teams as soon as possible. iii. Establishing an inner perimeter iv. Establishing an evacuee area 2. The department will provide training to all department supervisors on the Incident Command process and priorities for command. VI. CONCLUSION OF EVENT A. Incident Conclusion 1. The conclusion of an incident of this nature will be difficult and will vary significantly based on the number of injured or killed, the type of location, and the actions taken by police. The agency will remain flexible and respond according to the directions and instructions from the Incident Commander. 32 Table of Contents 2. Should there be an exchange in gunfire, then the agency will implement its officer involved shooting policy and respond accordingly. 3. The clear priorities will be: i. Locating and providing aid to injured individuals (BP: 6.07) ii. Ensuring the location is secure from further violence iii. Protecting the scene for investigation iv. Conducting an appropriate investigation 4. All requests for information from the media should be funneled through the Public Information Officer (PIO) or the Incident Commander (IC) for coordination. 33 Table of Contents  MISSION POLICE DEPARTMENT GENERAL ORDER SUBJECT6 - Search and Seizure SECTION CHAPTER One 1.07 AUTHORIZING SIGNATURE DATE 10-01-2019 BP: 7.06, 7.07, 10.14, 10.15 Chief of Police I. Policy: All persons have a reasonable expectation of privacy that is protected by the U.S. and Texas Constitutions. It is the policy of this department to protect those rights to the greatest extent possible while, at the same time, maintaining law and order. This Chapter provides each officer with guidelines for accomplishing this difficult task. II. Definitions: For purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: Open Field - unoccupied and outside the curtilage of any dwelling, usually uncultivated and relatively remote, in which no person has a reasonable expectation of privacy. Seizable Property - All property subject to seizure, including: unlawful weapons, drugs, and other contraband; stolen or embezzled property; "fruits of a crime"; equipment, devices, instruments, and paraphernalia for committing an offense ("instrumentalities"); and evidence of a particular crime ("mere evidence"). III. Mere Observation and Plain View: (BP: 7.07) A. Seizure Without Warrant An officer, without a warrant, may seize any seizable property if the situation satisfies all of the following requirements: 1. The officer lawfully occupied his vantage point when he observed the property, 34 Table of Contents  2. The officer can observe and seize the property without unreasonably intruding on any person's reasonable expectation of privacy, 3. The officer actually observes the property through his senses, 4. The property actually observed by the officer lies in open view, 5. The officer recognizes that the observed property is "seizable property." When practical, and if the imminent destruction or removal of the property appears unlikely, an officer should obtain a search warrant. If necessary and practical, an officer will guard the property until the search warrant can be executed. IV. Contemporaneous Search Incident to Custodial Arrest: (BP: 7.07) A. Custodial Arrests An officer shall search a person incident to that person's lawful custodial arrest. An officer shall not conduct a "strip search", except with the consent of a supervisor. Strip searches shall occur within the confines of the Jail facility. (BP: 10.14) B. Limits of Searches An officer shall confine a search incident to an arrest to the person arrested and that person's access area at the time of the arrest. An officer may also search beyond the arrestee's access area for other persons whom the officer has reason to believe endanger the safety of the officers. The search shall be limited to locating and controlling the movements of such persons. C. When Search Warrant Required Whenever practical, an officer shall obtain a search warrant whenever he obtains an arrest warrant if he has probable cause to believe that seizable items will be found at the expected place of arrest. D. Custody Searches: (BP: 7.07) E. Search at Booking The jailer processing the arrestee shall be responsible for the search once the officer brings the arrestee into the jail facility. An arrested person shall be searched during the booking process in order to: 1. Remove any seizable property and items he might use to escape or to injure himself or others, and 2. Inventory and protect his property from damage or theft while he is incarcerated. 35 Table of Contents F. Body Cavity Search (BP: 10.15) Body Cavity Search is defined as any penetration of or a manual search of a person’s anal or vaginal cavity. No penetration or a manual search of an arrestee's body cavities shall be conducted without a search warrant. A Body Cavity search can only be conducted by medical personnel under sanitary conditions in a medically approved manner. Contraband protruding from a body cavity observed during a strip search or visual inspection of the person may be seized. 1. Body-cavity searches other than the mouth shall be conducted only when there is probable cause to believe a particular prisoner may be concealing contraband within a body cavity or otherwise on the suspect's person. Body-cavity searches shall only be conducted under the express direction of a supervisor and after a search warrant has been obtained. 2. If appropriate, upon authority of the supervisor, the officer shall seek a search warrant and shall prepare the necessary affidavit. A CIB detective shall be contacted to assist with the investigation. 3. The body-cavity search shall be performed only by a licensed physician or other medically- trained person as directed by the physician at the medical facility. 4. The process of conducting the body-cavity search shall involve the same safeguards for privacy and hygiene as for strip searches. 5. Prior to transporting the prisoner to the medical facility, the officer shall inform the prisoner of his or her intention to conduct a body-cavity search thus giving the prisoner the opportunity to voluntarily surrender the suspected contraband. 6. When an officer has probable cause to believe that a person has seizable evidence in his/her mouth, the officer may use reasonable force to recover the evidence. G. Strip Searches: (BP: 10.14) The removal or rearrangement of clothing for the purpose of visual inspection of the person’s undergarments, buttocks, anus, genitals or breasts. 1. Strip searches shall not be conducted on persons for traffic violations, Class C or B misdemeanors; unless the officer has an articulable, reasonable suspicion to believe that the person is concealing a weapon or contraband. Reasonable suspicion may be based on, but not limited to the following criteria. a. Nature of the offense. b. Arrestee’s demeanor. 36 Table of Contents  c. Circumstances of the arrest or evidence of a major offense in plain view or during the course of the arrest. d. Arrestee’s criminal record, particular history of narcotics offenses or violence. e. Detection of suspicious objects beneath the suspect’s clothing during a search incident to an arrest 2. Strip searches shall be performed by persons of the same sex as the person arrested at the location designated by the Mission Police Department and where the search cannot be observed by persons not physically conducting the search. 3. In every case an on-duty supervisor must review the need and expressly authorize the strip Search. 4. When authorized by a supervisor, strip searches may be conducted only under the following conditions: a. In conformance with approved hygienic procedures and professional practices. b. In a room specifically authorized for this purpose. c. By the fewest number of personnel necessary and only by those of the same sex. d. Under the conditions that provide privacy from all but those authorized to conduct the search. e. A supervisor of the same sex of the arrested person shall be present during the search. If a supervisor of the same sex is not available, the supervisor shall designate a witness (must be a department employee) of the same sex of the person being searched. f. The person conducting the search must be a Texas Peace Officer. 5. Following a Body cavity / strip search, the officer performing the search shall write an offense report that detail, at a minimum, the following: a. Date and place of the search. b. Identity of the officer conducting the search. c. Identity of the individual searched. d. Those present during the search. e. The supervisor who approved the search. f. A detailed description of the nature and extent of the search. 37 Table of Contents V. Limited Search under Exigent Circumstances: (BP: 7.07) A. Emergencies In an emergency, an officer may enter a premises or vehicle without a search warrant if he has probable cause to believe that he must make immediate entry to: 1. Aid persons in immediate danger of death or bodily injury, or 2. Prevent, if appropriate, the imminent destruction of property. Prior to involuntary or forced entry, and within the limits allowed by the particular emergency, the officer shall reasonably attempt to obtain voluntary admittance to the premises or vehicle. Following entry, the officer may search the premises or vehicle only to the extent necessary to carry out the purposes of the entry. B. Fresh Pursuit An officer in fresh pursuit of a fleeing felony suspect may pursue him into a vehicle or premises in order to arrest him. Following entry, the officer may search the premises only to the extent necessary to locate the suspect and to protect himself or others. Once he has arrested the suspect, any further search must comply with the other rules of this chapter. VI. Open Fields and Abandoned Property: (BP: 7.07) A. Open Fields An officer may, without a warrant, search for and seize any seizable property found in any open field. However, an officer shall not commit criminal trespass under Penal Code Section 30.05. B. Abandoned Property An officer may, without a warrant, search and seize any abandoned property. VII. Consent Searches: (BP: 7.07) An officer may ask a person for consent to search when he has a reasonable articulable suspicion of the person’s criminal activity. All requests for consent searches and the result of the search along with the facts that lead to the officer’s suspicion will be documented in an offense report/incident report. A. Who may give consent Whenever an officer wants to make a warrantless search he may request consent to search from any person who has authority over the thing or place to be searched. The consenting person, who has said authority, should remain at the scene during the search. An officer may not obtain consent to search for a home, apartment, or structure from a minor. The definition of a minor will be identified by the Texas Family Code. 38 Table of Contents  B. Illiterate Persons If appropriate, such as when the subject cannot read or write, an officer should attempt to have a neutral third party (such as a neighbor/interpreter) explain these rights to that person. Whenever possible, an officer shall not conduct a consent search unless the authorized person consents and signs a consent form. C. When Consent Revoked If the consent to search is later revoked, the officer must immediately stop the search. If the consent to search is later limited, the officer must restrict it to the new limit. However, the officer may still seize all seizable property discovered prior to the withdrawal or limitation of consent. In addition, an officer may then seek a search warrant. D. Consent Required An invitation to enter the premises does not give the officer consent to search, however it does not preclude the officer from the plain-view doctrine. E. Consent when in Custody An officer may not seek consent to search from a person in custody or under arrest. A search warrant is required. VIII. Search of Vehicles and Occupants: (BP: 7.07) A. Lawful Vehicle Stops When an officer lawfully stops a vehicle, if he reasonably suspects that a person in that vehicle has an illegal weapon, as defined in Texas Penal Code Section 46.01, on his person or in his access area, the officer may require that person to exit the vehicle and submit to a frisk. B. Custodial Arrests Whenever an officer makes a custodial arrest of a person in a vehicle, the officer shall search that person incident to arrest. The officer may not search a vehicle incident to arrest if the suspect has been secured and cannot access the interior of the vehicle except under the following conditions: (Arizona v. Gant) The officer may search the passenger compartment of a vehicle incident to a recent occupant’s arrest: 1. If it is reasonable to believe that the arrestee might access the vehicle at the time of search; 2. The officer reasonably believes that the vehicle contains evidence of the offense to the arrest or; 3. The officer has probable cause. 39 Table of Contents  If the officer only issues a traffic citation to a person and then releases him, the officer shall not search that person. C. When Search Warrant Required When an officer has probable cause to believe that a vehicle contains seizable property he shall obtain a search warrant for the vehicle. However, when it appears that delay in obtaining a search warrant would probably cause the destruction, removal, or disappearance of seizable property, the officer need not obtain a search warrant. An officer should consider at least the following factors in determining whether a search without a warrant is appropriate under this Section: 1. Whether the vehicle could be easily removed from the jurisdiction; 2. Whether any person might obtain access to the evidence believed to be contained in the vehicle; 3. Whether the nature of the evidence makes it likely to be destroyed by the passage of time or exposure to the elements; and 4. The likelihood that any person with access to the vehicle would know of the intended search and be inclined to remove or destroy the evidence. D. Limits on Vehicle Searches When an officer has a warrant or consent to search for a vehicle, he may search: 1. Any part of the vehicle where the item sought could be located, 2. Whether or not an arrest (or a search incident to that arrest) was made, and 3. With a warrant the officer may search either at the place where he first locates the vehicle or at a more convenient location approved by a supervisor. IX. Search Warrants: A. The purpose of this Order is to establish guidelines for the preparation and execution of Search Warrants. A Search Warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate. Unless permitted under the rules of this Chapter on warrantless search and seizure, an officer shall never conduct a search or seize property without a search warrant. (BP: 7.06) 1. A Search and Arrest Warrant and Affidavit for Search and Arrest Warrant are used to search for evidence. 2. An Evidentiary Search and Arrest Warrant are for property or items constituting evidence tending to show that a particular person committed an offense. A district court judge will be 40 Table of Contents  used when obtaining an Evidentiary Warrant. If a district judge is unavailable, the warrant must be taken to a county court judge whom is a licensed attorney. 3. Although the forms differ, the information required is applicable to all Warrants prepared and served by members of this Department. 4. An officer requesting a search warrant shall notify a supervisor of the need to obtain a search warrant. The supervisor shall determine if the facts and circumstances of the incident are sufficient to establish probable cause to apply for a warrant. If the supervisor believes that such facts exist, the supervisor shall contact the Criminal Investigation Bureau for assistance in preparing a search warrant affidavit. 5. Search Warrants shall be written, prepared, and executed by following the statutory guidelines under Chapter 18 of the CCP. 6. Personnel with assignments that utilize Warrants/Affidavits will receive instruction/training on the requirements to accurately and thoroughly prepare and execute these documents, which will include a review of this order. B. Alteration Prohibited An officer shall never alter the information on any search warrant in any manner once a magistrate has issued the warrant. C. Presumption of Validity An officer shall presume that any search warrant, which appears in proper form, is valid. To be in proper form and valid on its face, a search warrant must: 1. Run in the name of "The State of Texas"; 2. Identify the property to be seized and the person, place, or thing to be searched; 3. Command any peace officer of the proper county to conduct the search immediately; and 4. Be dated and signed by the magistrate. D. Duty to Execute 1. An officer shall execute a valid search warrant as provided by law and by these rules. 2. A Mission Police Department Operational Plan will be filled out and approved by the Bureau Commander conducting the search warrant and the Chief of Police or his designee. 4. A briefing will be conducted prior to executing a search warrant. 5. A Mission Police Department Marked Patrol Car and Uniformed Police Officer(s) will be utilized for the execution of the search warrant regardless of jurisdiction. 41 Table of Contents  5. If a search warrant is executed in another jurisdiction, the agency with jurisdiction will be notified and will participate in the execution of the search warrant, if feasible. 6. Mission Police Officers/Investigators will wear their assigned police ballistic vest and proper apparel identifying them as “Police”. 7. The Bureau Commander will request SWAT when needed through the Chief of Police. E. When Warrant Lacks Proper Form If the search warrant lacks proper form, the officer shall not execute it but shall return it to the magistrate whom issued it. A warrant lacks proper form if it appears on its face to be incorrect or if it contains significant errors in identifying the place to be searched or the property to be seized. F. Warrant to be Exhibited Whenever an officer executes a search warrant, he shall bring it with him to the scene and provide a copy to the person in control of the premises about to be searched. If no one is present at the time of the search warrant, the officer will leave a copy of the search warrant where visible. G. Obtaining Consent to Search Under False Pretenses In order to obtain consent to search, an officer shall never falsely represent to any person that a search warrant has been issued or that the officer can obtain a search warrant. H. Time of Search A search warrant shall be executed as soon as practical after it is received, but in no event more than three (3) whole days after the magistrate issues it. In calculating the days allowed for execution, the day of issuance and the day of execution are excluded. The time of day for executing the search warrant shall be based on the following rules: 1. Execute during daylight, unless circumstances make this dangerous or impractical. 2. Execute