Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 18.1 Risk Protection Order (RPO) 18.1.1 Purpose: The purpose of this policy is to establish guidelines for: A. Identifying individuals for whom an RPO is appropriate. B. Processing RPO’s. C. Ensuring compliance with all applicable le...

SHERIFF’S POLICY MANUAL 18.1 Risk Protection Order (RPO) 18.1.1 Purpose: The purpose of this policy is to establish guidelines for: A. Identifying individuals for whom an RPO is appropriate. B. Processing RPO’s. C. Ensuring compliance with all applicable legal requirements for seeking an RPO. D. Executing an RPO. E. Maintaining seized and surrendered firearms and ammunition. F. Returning firearms and ammunition surrendered pursuant to an RPO. 18.1.2 Definitions: A. Affidavit: A sworn written document stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the subject. This document is usually made by a law enforcement officer but, may be attested to by a citizen or informant. B. Family/Household Member: For purposes of a risk protection order, a relative can include, but is not limited to, a spouse; persons related by blood or marriage; persons who are presently residing together, as if a family or any other person living in the same house regardless of the relationship. C. Risk Protection Order (RPO): An order granted by a judge that prohibits a person from possessing or purchasing of firearms or ammunition for the length of time the order is in effect. RPO also prohibits the possession of a Concealed Weapons License (CCW) D. Threat Management Unit (TMU): An element of the Criminal Investigations Division that will provide guidance and assistance to DLE to evaluate or investigate situations or events to determine if a Risk Protection Order is justified. The TMU will directly investigate credible threats made against schools, public Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 1 of 12  SHERIFF’S POLICY MANUAL places, mass gatherings, government facilities, political figures, and threats involving firearms or weapons of mass destruction. E. Risk Protection Form (BSO RP#20): This form should be used to perform a threat analysis and to quickly obtain a temporary order which would require a person who is at high risk of harming himself/herself or others to immediately surrender all firearms and ammunition in his/her custody, control, or possession and any license to carry a concealed weapon or firearm issued from any jurisdiction F. Service: The delivery of any item of civil process that is completed with the act of delivery and does not require the physical or legal seizure of a person or thing. By virtue of their job assignment and related duties the majority of RPO’s will be served by Civil Division Deputies;, however, any sworn Law Enforcement Deputy may serve an RPO and will do so under the following; if there is a delay in service, Civil Deputies are not available, and/or the urgent nature of the RPO dictates immediate service. 18.1.3 Criteria for Risk Protection Order (RPO): A subject qualifies for an RPO if he/she poses a significant danger of causing personal injury to himself/herself or others by having a firearm or ammunition in his/her custody or control, or by purchasing or receiving a firearm or ammunition. A. To obtain a temporary RPO, a person who has personal knowledge that an individual poses a significant danger of causing personal injury to himself/herself or others in the near future by having in his/her custody or control, or by purchasing, possessing, or receiving a firearm or ammunition, must fill out an affidavit. The person with personal knowledge can be a deputy sheriff or a witness. There can be more than one affidavit, and everyone with personal knowledge should complete an affidavit. B. In addition to any incident outlined in an affidavit, the court will also consider other factors when making its determination whether to issue a temporary order. There are no minimum amount of factors that must be present. Any factor that applies to a subject should be identified in the affidavit. The factors the court may consider are: Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 2 of 12  SHERIFF’S POLICY MANUAL 1. Was the subject involved in a recent act or threat of violence against himself/herself or others, regardless if such violence involves a firearm? 2. Was the subject engaged in an act or threat of violence in the past twelve (12) months against self or others? 3. Is the subject seriously mentally ill or does the subject have recurring mental health issues? 4. Has the subject been the subject of an order, or has the subject violated a previous or existing order pursuant to: a. Domestic Violence Injunction? b. Repeat Violence Injunction? c. Dating Violence Injunction? d. Sexual Violence Injunction? e. Injunction for Protection Against Stalking? 5. Is/Was the subject the principal in a previous or existing RPO? 6. Has the subject violated a previous or existing RPO? 7. Has the subject been convicted of, had adjudication withheld on, or pled no contendere to a crime that constitutes domestic violence in Florida or any other state? 8. Has the subject used, or threatened to use, against himself / herself or others, any weapons? 9. Has the subject unlawfully or recklessly used, displayed or brandished a firearm? 10. Does the subject express a recurring use of threat to use physical force against another or stalked another person? Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 3 of 12  SHERIFF’S POLICY MANUAL 11. Has the subject been arrested for, convicted of, had adjudication withheld, or pled nolo contendere to a crime involving violence or a threat of violence in any other state? 12. Is there corroborated evidence that the subject abuses controlled substances or alcohol? 13. Is there evidence of recently acquired firearms or ammunition? 14. Is there any relevant information from family/household members? C. If the court grants a temporary order, the temporary order shall be in place until the final hearing is held at which point the judge will either grant or deny the final RPO. The court may grant a final RPO up to, but not exceeding, 12 months. 18.1.4 RPO Investigation of Threats by District: A. Any deputy who encounters a person or is advised of credible threats made by a person (s) and that deputy has determined that the person meets the criteria for an RPO, the deputy will advise Regional Communications to change their CAD assignment header to “RPO”, will obtain a case number, and begin recording the facts as they are received. B. The deputy will advise their supervisor of the facts and the suspected need for the RPO. C. If the threat is made against a group, institution or mass gathering, the TMU will be contacted via recorded telephone call through Regional Communications to discuss the facts of the suspected need for the RPO. As the situation warrants, the TMU will advise the caller on a course of action or respond to the scene to conduct the investigation. D. If the investigation stays at the district level, the deputy will advise the District Commander of the RPO investigation, complete an event report, and: 1. Complete the Risk Protection Form (BSO RP#20). Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 4 of 12  SHERIFF’S POLICY MANUAL 2. Provide the BSO RPO Witness Affidavit to potential witnesses (BSO RP#20). 3. Complete the BSO List of Firearms and Ammunition Form (BSO RP#20). 4. Ask the subject if he/she has (or has access to) firearms or ammunition. 5. Request voluntary consent to search the premises/area and consent to surrender all firearms, ammunition and concealed weapons license from the subject. If the subject agrees, the deputy must provide the subject with a property receipt for all items surrendered for safekeeping. 6. If the subject wishes to transfer firearms and/or ammunition to a third party, the deputy will collect, inventory, and provide a receipt for all items held for safekeeping. The deputy will then instruct the owner and third party to contact the BSO Evidence Unit to obtain the appropriate forms to be submitted to BSO OGC for the release of items to the third party. 7. Notarize all appropriate forms. 8. Obtain command review and approval of all RPO forms (Lieutenant or above). 9. Email all RPO forms to OGC at [email protected] 10. The submitting deputy will receive confirmation that the documents were received by OGC. The deputy will call OGC at 954-831-8920 if the deputy has not received confirmation within twenty-four (24) hours of the submission of the documents (except weekends and holidays). 11. If the case meets legal sufficiency, BSO OGC will file for the RPO with the Clerk of Court. The deputy/deputies authoring the affidavit(s) must be available for a telephonic hearing with a Circuit Judge within twenty-four (24) hours of OGC filing the petition with the Clerk of Court in order to secure a temporary order. The submitting deputy/deputies will be notified by OGC of the date and time of the hearing and must be prepared to testify by phone. Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 5 of 12  SHERIFF’S POLICY MANUAL Note: Please ensure that OGC has personal contact information for the submitting deputy/deputies. 12. Complete an Officer Safety / Special Needs / Premise Flag CAD Entry Request. E. When the temporary order is served, the district and/or SWAT will provide support to deputies and will take possession of any firearms, ammunition and/or concealed weapons license surrendered by the subject. F. When the RPO is served, notification will be made to the Civil Division by returning a Proof of Service form and complete the BSO C#62 - Respondent's Risk Protection Return Affidavit G. If the subject refuses to comply with the temporary order, the district will provide staff to secure the premises until: 1. The TMU prepares a search warrant, or 2. It has been determined that the subject does not own or possess any firearms or ammunition, and there is no probable cause to secure a search warrant. 18.1.5 RPO Investigation of Threats by Criminal Investigations Threat Management Unit (TMU): A. Upon receiving notice of credible threats made by an individual(s) who meet the criteria for an RPO, the TMU will immediately investigate credible threats made against schools, public places, mass gatherings, government facilities, political figures, and threats involving firearms or weapons of mass destruction. B. The TMU will provide advice and assistance to road patrol for RPO’s that do not meet the threats listed in the section above. C. The TMU will advise the Criminal Investigations Command (Lieutenant or above) of the RPO investigation, complete an event report, and: 1. Complete the Risk Protection Form (BSO RP#20). Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 6 of 12  SHERIFF’S POLICY MANUAL 2. Provide RPO Witness Affidavit to potential witnesses (BSO RP#20). 3. Complete List of Firearms and Ammunition Form (BSO RP#20) 4. Request voluntary consent to search the premises/area and consent to surrender all firearms, ammunition and/or concealed weapons license from the subject. If the subject agrees, the deputy must provide the subject with a property receipt for all items surrendered for safekeeping. 5. If the subject wishes to transfer firearms and/or ammunition to a third party, the deputy will collect, inventory, and provide a receipt for all items held for safekeeping. The deputy will then instruct the owner and third party to contact the BSO Evidence Unit to obtain the appropriate forms to be submitted to BSO OGC for the release of items to the third party. 6. Notarize all appropriate forms. 7. Obtain command review and approval of all RPO forms (Lieutenant or higher). 8. Forward all RPO forms to BSO OGC to [email protected] 9. The submitting detective will receive confirmation that the documents were received by OGC. The detective will call OGC at 954-831-8920 if the detective has not received confirmation within twenty-four (24) hours (except weekends and holidays).of the submission of documents. 10. Complete an Officer Safety / Special Needs / Premise Flag CAD Entry Request. D. When the temporary order is served, the TMU will obtain district and/or SWAT assistance (as required) and will take possession of any firearms, ammunition and/or concealed weapons license surrendered by the subject. E. When the RPO is served, notification will be made to the Civil Division by returning a Proof of Service form and complete the BSO C#62 - Respondent's Risk Protection Return Affidavit Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 7 of 12  SHERIFF’S POLICY MANUAL F. If the subject refuses to comply with the temporary order, the TMU will obtain district and/or SWAT assistance to secure the premises until: 1. The TMU prepares a search warrant, or 2. It has been determined that the subject does not own or possess any firearms or ammunition, and there is no probable cause to secure a search warrant. G. Search warrants will be executed by TMU in coordination or consultation with SWAT. 18.1.6 Decisions Regarding Firearms and/or Ammunition in Custody/Control/Storage: A. An initial Risk Protection Order does not authorize a search for firearms. A subject must be asked to surrender their firearms, ammunition and/or concealed weapons license. A search is only authorized if consent is obtained, through a search warrant or the following Baker Act seizure criteria; [CFA 24.06A] 1. Take all firearms and ammunition in that person’s possession or ensure they have been transferred to a third party. 2. If the person is in their house when you are taking them into custody under the Baker Act, you can seize all firearms and ammunition in the house. 3. If the person is not in their house or the firearms are located elsewhere, seek voluntary surrender. 4. Submit the firearms in accordance with the evidence and property submission procedures. Submit the Property Receipt to BSO Legal with the RPO packet. B. When the subject does not meet the RPO criteria, but still requests to voluntarily surrender any or all of his/her firearms and/or ammunition, the deputy should submit the surrendered firearms and/or ammunition in accordance with the evidence and property submission procedures [CFA 24.06B] Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 8 of 12  SHERIFF’S POLICY MANUAL C. If the subject does not meet the RPO criteria and is unable to consent to a voluntary surrender, the deputy should determine, based on the totality of the circumstances, the appropriate disposition of the firearms and/or ammunition, including: 1. Doing nothing with the firearms and/or ammunition and/or concealed weapons license. 2. Taking the firearms and/or ammunition and/or concealed weapons license for safekeeping. [CFA 24.06A] D. All firearms, ammunition, and licenses surrendered to the law enforcement officer shall be handled in accordance with the evidence and property submission procedures for safekeeping. 18.1.7 Temporary RPO: A. After BSO OGC receives all forms indicated above, and there is a legal basis to seek an RPO, BSO OGC will generate the petition for RPO, which is comprised of the affidavit(s) and accompanying forms to attach as exhibits. If any forms are missing BSO OGC will contact the deputy to obtain the missing forms or notify the deputy regarding the missing documents. B. Within twenty-four (24) hours of the RPO being filed, the court will hold a telephonic hearing, without notice to the subject, with BSO OGC and the deputy/deputies who authored the affidavit(s). At the hearing, the court will review the submission and grant or deny the Temporary RPO. If granted, the court will also provide a “Compliance Hearing” date and a “Final Hearing” date in the order granting the Temporary RPO. C. Upon the court granting the Temporary RPO, the clerk will forward to Warrants Division for processing (See Records Unit SOP for proper FCIC entering). As indicated above, once a subject is served with the temporary RPO, the subject is required to surrender all weapons and/or ammunition in his/her possession, custody and control. It is a third-degree felony to possess weapons and/or ammunition after being served with a Temporary or Final RPO. (See CI SOP for further details). If the subject still will not surrender all firearms, ammunition Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 9 of 12  SHERIFF’S POLICY MANUAL and/or concealed weapons license as noted previously, the deputy cannot seize the firearms, ammunition and/or concealed weapons license as the RPO DOES NOT give the deputy authority to seize the weapons. If the deputy has probable cause to believe the temporary or Final RPO has been violated due to the subject possessing a firearm and not surrendering the firearm, the deputy should seek a search warrant to seize the firearms, ammunition and/or concealed weapons license. D. When the RPO is served, notification will be made to the Civil Division by returning a Proof of Service form and complete the BSO C#62 - Respondent's Risk Protection Return Affidavit E. A Temporary RPO remains in effect until the Final Hearing. F. If the court denies the Temporary RPO, BSO OGC will notify the deputy who submitted the forms and also notify the contact person, if one has been provided by an agency other than BSO. 18.1.8 Compliance Hearing: Within seventy-two (72) hours of granting the Temporary RPO, the court will hold a Compliance Hearing to ensure the subject has surrendered all of his/her firearms, ammunition and/or concealed weapons license. The court may cancel the hearing upon a satisfactory showing that the subject is in compliance with the order and has either surrendered his/her firearm(s) or ammunition, or is not in possession of any firearms, ammunition and/or concealed weapons license. A. If all firearms and/or ammunition have been surrendered, the serving unit will notify BSO OGC via the Temp Service Form. BSO OGC will notify the court and request to cancel the Compliance Hearing. B. If all firearms and/or ammunition have not been surrendered and there is reason to believe the subject possesses firearms or ammunition, the TMU will notify BSO OGC via the Temp Service form. BSO OGC will attend the Compliance Hearing and notify the court that the subject is not in compliance. If appropriate, the TMU will seek a search warrant. 18.1.9 Final RPO: Within fourteen (14) days of the telephonic hearing, the court will hold a Final Hearing for the RPO. At this hearing the affidavits are sufficient and Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 10 of 12  SHERIFF’S POLICY MANUAL like a trial, all deputies and witnesses may need to appear and testify to the facts as set forth in the affidavits. If granted, the court may issue a final order up to, but not exceeding, 12 months. 18.1.10 Criminal Violation of RPO: A. Section 790.401(11)(b) F.S. states that any person who has in his/her custody or control a firearm or any ammunition or who purchases, possesses, or receives a firearm or any ammunition with knowledge that he or she is prohibited from doing so by a Risk Protection Order commits a felony of the third degree. 1. Deputies must confirm that the RPO was served and remains active prior to making an arrest pursuant to the above statute. 2. Confirmation is obtained by calling the Records/Teletype Unit via BSO Radio. A Records/Teletype Unit employee is available to answer any requests for confirmation 24 hours a day/7 days a week. B. If a subject is arrested pursuant to this statute for a violation of the RPO order, any firearms and/or ammunition should be seized. 18.1.11 RPO Search Warrant: If a deputy has probable cause to believe a subject who has been served with a temporary or final RPO has possession, custody or control of a firearm and/or ammunition, the TMU Detectives can seek a search warrant pursuant to the RPO statute and/or any deputy can seek a search warrant pursuant to the criminal process. A. Civil Search Warrant: If the subject refuses to surrender all firearms and ammunition after being served with the RPO, the TMU Detective shall draft a search warrant to obtain any other firearms or ammunition for which the deputy has probable cause. All civil search warrants issued pursuant to the RPO statute must be initiated by the TMU. TMU Detectives shall initiate the process by contacting BSO OGC. The State Attorney’s Office has no role in obtaining a search warrant pursuant to the RPO statute. B. Criminal Search Warrant: Any deputy can seek a criminal search warrant when that deputy has probable cause to believe a person has violated the criminal statute of possession or purchase of firearm(s) and/or ammunition after he/she Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 11 of 12  SHERIFF’S POLICY MANUAL has been served with an RPO. This is a violation of s. 790.401(11) (b). In seeking a criminal search warrant, deputies shall follow the same policies and procedures that are outlined for all criminal search warrants, including contacting the on-duty Assistant State Attorney (ASA) to contact the duty judge. BSO OGC has no role in obtaining a search warrant pursuant to a criminal violation. 18.1.12 Return of Firearms and Ammunition: A. Upon receiving notice from the Court that an RPO has been vacated or has ended without extension, the Broward Sheriff’s Office shall return any firearm(s) or any ammunition owned by the respondent or a license to carry a concealed weapon or firearm held by the respondent, that has been surrendered or seized pursuant to FS 790.401 after confirming through a background check that the respondent is currently eligible to own or possess firearms and ammunition under federal and state law and after confirming with the court that the risk protection order has been vacated or has ended without extension. B. Any firearm and ammunition surrendered by a respondent pursuant to a Risk Protection Order which remains unclaimed for one (1) year by the lawful owner after an order to vacate/expiration of the Risk Protection Order shall be disposed of in accordance with the Department’s policies for disposing of firearms. C. Risk Protection Order Notice to Family/Household or Third Party will be delivered by BSO OGC prior to the return of Firearms and Ammunition. [CFA 24.06E] 18.1.13 Training: Affected agency members shall receive initial training on the petition and service of Risk Protection Orders. New affected agency members will receive their initial training on the petition and service of Risk Protection Orders during the Field Training Program. Reviewed: 08/15/2019 Revised: 06/11/2020 Rescinds: 12/05/2018 Effective: 07/02/2020 18.1 Page 12 of 12