Law Enforcement Procedures PDF

## Law Enforcement Procedures ### Plain Feel Exception If the sworn member must squeeze, slide, or otherwise manipulate the object, the "plain feel exception" will not apply. ### Reasonable Suspicion A sworn member may stop or detain any individual(s) abroad, without making an arrest, only when...

## Law Enforcement Procedures ### Plain Feel Exception If the sworn member must squeeze, slide, or otherwise manipulate the object, the "plain feel exception" will not apply. ### Reasonable Suspicion A sworn member may stop or detain any individual(s) abroad, without making an arrest, only when the sworn member has reasonable suspicion to believe that the person is committing, has committed, or is about to commit a crime. ### Custodial Questioning Questioning must stop if the individual indicates prior to or during custodial questioning that: * There is a break in custody or the person is released from custody and 14 days have passed (Rule 14; bright line). ### Probable Cause When a sworn member has probable cause to believe a vehicle, which is readily movable, contains articles which they are entitled to seize and for which a warrant could be obtained, i.e. contraband, the entire vehicle may be searched for such articles without obtaining a search warrant. ### Exclusive Control Consent to search must be obtained from the individual who has apparent exclusive control over a portion of the premises or a particular container which is not commonly controlled. ### Supervisor/Commander Pursuits are prohibited against the traffic flow of a divided highway unless prior approval is obtained from a supervisor/commander and the operator of the vehicle being pursued is fleeing to avoid a felony arrest. ### Momentary Activation The brief activation of red lights and/or siren to gain the driver's attention. ### Both Red Light(s) and Siren Members must use both red light(s) and siren if it is necessary to exceed the posted speed limit or violate any other traffic law in order to catch up to a vehicle. ### Regional Communication Channels (Reg Comm) The primary channels that Law Enforcement Agencies use to conduct critical incidents that involve several jurisdictions, such as pursuits. ### Agency and Radio Number Members are reminded that when using any Regional Channel they must identify their agency and radio number (e.g., KCPD R#111) since many other agencies utilize similar radio numbers. ### Tire Deflation Device The tire deflation device is made of a water resistant, laminated, paperboard housing which contains three rows of quills (12). ### Fleet Operations Unit If a police department vehicle sustains tire damage as a result of a tire deflation device, a copy of all reports will be forwarded to the Fleet Operations Unit. ### Fleet Operations Unit (FOU) Manager If a person's vehicle sustains tire and/or wheel damage as a result of a tire deflation device, members will notify the Fleet Operations Unit (FOU) Manager or their designee from the scene. ### Stop Stick Pursuit Reporting Form Members will ensure that the 9-digit serial number of all damaged Stop Sticks is noted on line 16 of the Stop Stick Pursuit Reporting Form. The Stop Stick Pursuit Reporting Form will be forwarded to the Supply Section. ### Stop Stick Replacement Procedures * **During normal business hours**, members will respond to the Supply Section. * **During non-business hours**, members will respond to Fleet Operations. ### Records Unit Commander The Form 191 P.D. (for armed/potentially dangerous subject), will then be forwarded through the reporting officer's chain of command to the Records Unit Commander for final approval. ### Real Time Section Upon approval of armed/potentially dangerous subject designation the Records Unit Commander will ensure the information is forwarded to the Real Time Section for entry into REJIS, RMS and the Perpetrator Information Center (PIC) to be flagged in REJIS. ### Animal Health Division The Animal Health Division will be notified by the Communications Unit anytime a sworn member is dispatched to the scene of an animal bite. ### Clandestine Laboratory An illicit operation consisting of a sufficient combination of apparatus and chemicals that has been, is, or could be used in the manufacturing (cooking/growing), cultivation, or synthesis of controlled substances, explosives, and even biological or chemical weapons. ### Site Safety Officer A trained individual, assigned to a hazardous material or substance site, responsible for implementing the site safety and health plan. Also, verifying compliance with applicable safety and health requirements. The Metro Meth Section Supervisor will be responsible for designating this person. ### Communications Unit The Communications Unit Supervisor should be called anytime a Lab is suspected. ### Metro Meth Section Metro Meth Section member(s) responding will be responsible for processing the Lab. ### Communicable Disease Exposure A Communicable Disease Exposure Report, Form MO 580-1815, will be completed for all members who are required to make entry or any other member who is at the scene and has been exposed to a hazardous chemical or substance. ### Safe Area Immediately remove self, any occupants, and other persons deemed to be in possible immediate danger, to a "safe area” away from the Lab (at least 100 yards). ### Street Crimes Unit (SCU) Upon arrival at the scene, a Metro Meth Section supervisor and/or detective will have overall authority and responsibility for the scene. Other responsibilities will include: Requesting the KCFD EMS and/or Haz-Mat, if necessary, to standby for the Street Crimes Unit (SCU) during the execution of search warrants on what they believe to be an active, operational Lab. ### Drug Abatement Response Team (DART) Notifying the Drug Abatement Response Team (DART) (816-881-1400) of all Labs in every residence or building to possibly post the structure as uninhabitable. ### Benefits Section When a department member is exposed to a hazardous chemical or substance at a Lab, a Communicable Disease Exposure Report, Form MO 580-1815, will be completed by the member or designee. The original copy will be forwarded to the Benefits Section where it will remain on file. ### 100 Yards Stay upwind/upgrade and at a recommended safe distance of at least 100 yards to mitigate inhalation of chemical vapors. ### KCFD Haz-Mat Team If a chemical is spilled on the street, the KCFD Haz-Mat Team will be responsible for the clean-up. ### Field Supervisor A field supervisor may amend or discontinue the dispatching of police officers to an incident if that supervisor determines sending an officer on the call as dispatched would be an unnecessary use of patrol resources. ### Four Hours If an officer is not available to answer a call within their sector in an allotted time (four hours), that call will be dispatched to other officers for handling. ### Two Minutes Priority 2 An attempt to dispatch will be made within two minutes and officers will be dispatched code one, if the call is "in progress," based on the closest divisional units, not sector assignments. ### Five Minutes Priority 3 An attempt to dispatch will be made within five minutes. These calls will be dispatched only by event type. Details will not be broadcast unless there is suspect information. ### Communications Unit Supervisor The Communications Unit Supervisor will have the responsibility to contact the Assistant Division Commander or their designee and request that officers on alternative activities be made available to calls for service. ### Commercial Motor Vehicle Refers to any self-propelled or towed vehicle used on public highways in commerce to transport passengers or property when the vehicle: * Has a gross vehicle weight rating (G.V.W.R.) or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; * Is designed to transport more than 8 passengers, including the driver, for compensation; or * Is designed to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; ### Log Books Log books are not required for commercial vehicles operated within a 100 air mile radius of their office. ### 15 Minute Observation A current Type II or Type III permit holder must conduct the continuous 15 minute observation period prior to starting a chemical breath test. ### Driving While Intoxicated Tracking System (DWITS) To determine if an arrestee has prior alcohol related enforcement contacts the arrest must be checked in the Driving While Intoxicated Tracking System (DWITS) or D.O.R. System. ### 20 Minutes If an arrestee made a request to contact an attorney at any time during your contact with the arrestee, the arrestee must be given 20 minutes to attempt to contact an attorney after the implied consent has been read. A phone must be available when the 20-minute time period is started. ### .04% The driver of a commercial motor vehicle (C.M.V.) is considered intoxicated with a BAC of .04%, not the standard .08%. ### Breath Test Record The Breath Test Record is printed and attached as the final page of the completed Alcohol Influence Report, D.O.R. Form 2389, and will be numbered accordingly. ### .08% The Notice of Suspension, D.O.R. Form 2385, is completed. The form must be completed on all persons whose test results are obtained at a BAC of .08% or greater. ### 25% Arrests for D.U.I. who test a 25% B.A.C. level or greater will be transported to a hospital for examination of possible alcohol poisoning. ### .02% The sworn member can request a person less than 21 years of age to submit to a chemical test if the sworn member has probable cause to believe the person is driving with a BAC of .02% or more and was stopped either based upon reasonable suspicion or was stopped upon probable cause that the person has committed a traffic violation. ### .05% Under 21: Charge the driver with a D.U.I. if the BAC is .05% or greater. ### Deputy Juvenile Officer (D.J.O.) Juveniles under 15 years of age: A Deputy Juvenile Officer (D.J.O.) and the juvenile's parent(s) must be present before any questioning is conducted. ### Non-Felony Juveniles over 15 years of age: SHALL NOT be fingerprinted, unless certified as an adult, if issued a citation for a non-felony traffic violation. ### .20% An offender with a BAC of .20% or greater will be held for state charges. ### 90 Days The original Alcohol Influence Report, D.O.R. Form 2389, will be retained at the respective element for a period no less than 90 days. ### 120 Hours Vehicles on public property NOT causing a problem: Prior to towing the vehicle, the following must transpire: (a) 120 hours on a city street with a properly displayed valid license plate or placard pertaining to a physically disabled person or physically disabled veteran. ### 48 Hours Members who encounter abandoned vehicles on public property not causing a problem/hazard will: Prior to towing the vehicle, the following must transpire: 48 hours on a city street; ### 10 Hours hours on an interstate, freeway or state highway within the city. ### 48 Hours The person in possession of the private property requests that the vehicle be towed. Members may tow only when: (1) The abandoned vehicle is left unattended 48 hours on the private property; or ### 1 Month The following are declared to constitute a nuisance: Any motor vehicle with a license plate that has been expired less than 1 month shall be excluded. ### 5 Days A tow lot designee will send a written notice (Vehicle Owner and Lienholder Notification, DOR Form - 4577) to the registered owner and lien holder of the abandoned vehicle/property within 5 days, if the abandoned vehicle/property has not been released. ### 10 Working Days The DOR Form - 4577 will be forwarded to the Department of Revenue after 10 working days of any unclaimed abandoned vehicle/property. ### Tangible Property Tangible Property includes but is not limited to: Property (personal or real) that was used, intended for use, derived from, or realized through specified criminal activity, e.g., real estate, horses or other livestock, boats, cars, jewelry, electronics, or any other property or service with a value exceeding \$100 dollars. Probable cause must exist to connect an item to a specified criminal activity prior to seizure. ### Federal Seizures Listed below are the current minimum acceptable values regarding federal seizures as established by federal guidelines: * Cash - \$2,000 * Conveyances, clear equity (wholesale) - \$5,000 * Real property - \$20,000 * Other property - \$5,000 ### State Forfeiture Seizures Listed below are the current minimum acceptable values regarding seizures: * Cash - \$1,000 (Lesser amounts may be seized upon authorization by a supervisor or Asset Forfeiture Squad in cases involving repeat offenders, large quantities of drugs, weapons or other aggravating circumstances.) * Conveyances, clear equity (wholesale) - \$2,500 * Real property - Determined by county prosecutor and Asset Forfeiture Squad * Other property - Determined by county prosecutor and Asset Forfeiture Squad ### Inventory Specialist The Division Commander will ensure the Inventory Specialist coordinates with DTS and conducts more inventories of serialized video related equipment on 1st and 1st of every year. The results will be submitted through the chain of command to the ISD. ### DEU and Regional Criminalistics Division PCP may only be field tested by trained DEU and Regional Criminalistics Division personnel. Marijuana must be 35 grams or greater. (for state charge) ### Amber Alert (Amber Alert) Before an alert is initiated, the following 3 criteria must be met: 1) A confirmed abduction has occurred; 2) the child is 17 years of age or younger and; 3) Law enforcement must believe the child is in danger of serious bodily harm or death. Final authority for the activation of an (Amber) alert rests with the Commander or their designee. ### Media Unit The responding field supervisor will notify the Media Unit Commander. The Media Unit Commander will notify the Patrol Bureau; Chief of Police Commander and the ### Supervisor Or Commander In situations which tend to attract unruly crowds, it may become unsafe for the paramedics to continue treatment at the scene. In these situations, a police supervisor or commander may request the paramedics evacuate the area with the patient. ### 18 Years Consent to medical treatment - For the purposes of consent to hospitalization or medical, surgical or other treatment or procedures, a "minor" is defined as any person under 18 years of age and an "adult" is defined as any person 18 years of age or older. A parent or legal guardian's authorization is required for a minor to refuse treatment. ### Unconscious An officer will not issue a citation or summons to a violator who: 1. Is unconscious; 2. Has been removed to a location outside the State of Missouri. 3. Is so seriously injured that issuing a citation or summons would impede medical attention. ### 72 Hours Extended security for state statute or state warrant arrests beyond 72 hours will be reported to the Patrol Bureau Office ### CBM (Center for Behavioral Medicine) All combative subjects will be transferred to CBM (Center for Behavioral Medicine) after receiving treatment of minor injuries or after refusing treatment of minor injuries. ### Warrant Desk (Order of Protection) The serving officer will FAX a copy of the original to the Warrant Desk prior to the end of their shift. The original will be placed in a Interdepartment envelope and mailed to the Warrant Desk prior to the end of their shift. ### Office of the Chief of Police Members who are contacted by citizens expressing a desire to donate money, equipment, goods or services may be referred to the Foundation through the Office of the Chief of Police. ### Court Liaison The Municipal Court Officers will obtain the sign-in sheets at the conclusion of each day and forward them to the Court Liaison. ### 60 Feet If an air ambulance is responding, fire department personnel are responsible for locating a suitable landing zone. In the event that no fire department personnel are present, an officer at the scene may be required to locate a suitable landing zone. The landing zone should be 60 feet square, free of overhead obstructions and accessible to aircraft for patient transfer. ### Investigations; Property Crimes Bureau personnel and Patrol Bureau, Investigations; Property Crimes supervisors are responsible for conducting the necessary steps to properly and legally locate or track a cellular telephone. ### 90 Days The Confiscated Fireworks Log will be maintained at the division station for a period of ninety (90) days. ### 72 Hours When an owner of a motor vehicle reports his/her vehicle has not been returned by a person who had permission to possess or operate the motor vehicle, the owner will be instructed that there is a 72-hour waiting period from the time the vehicle was to be returned. ### Investigative The investigative supervisor or the detective/investigator in charge of the crime scene has overall authority of the crime scene. ### Specialty Court When dispatched to a mental health facility regarding an offense committed by a patient, the sworn member will: a. Complete the appropriate report. b. Issue a summons for municipal cases when appropriate. A CIT member may request the case be assigned to a Specialty Court in the narrative section of the summons. ### Probate Walk-aways who have been committed to a mental health facility by court action will be entered into REJIS by the appropriate court, county, or state law enforcement agency. Generally, no action should be taken unless a probate warrant is entered into REJIS and is verified through the appropriate mental health facility. ### Communications Unit Officials from the mental health facility will notify the Communications Unit on a walk-away or missing person from a mental health facility. ### Felony A sworn member will be required to stay with subjects on all felony holds until they are discharged from the emergency room or admitted to TMC-BH. ### Communications Unit When a person with a police hold walks away from TMC-BH: 1. Officials at TMC-BH will notify the Communications Unit. 2. The Communications Unit will contact the investigative element who issued the police hold to verify the hold and then issue a broadcast for the return of the walkaway to TMC-BH. ### Warrantless Arrest The Notice of Revocation of Conditional Release is not issued by a court of law and should be treated as a warrantless arrest. ### Warrant Desk The Warrant Desk will be contacted for cancellation of the probate warrant. ### EDP Criteria Criteria for Designation as an EDP: 1) involuntary 96 hour hold, 2) voluntary admission, 3) court order. ### CIT Commander For EDP designation: The Form 191 P.D. and support documentation will be forwarded to the CIT Commander for a determination as to whether the criteria was met and which designation should be entered into REJIS. ### Information Management Unit The CIT Commander will forward the approved Form 191 P.D. and support documentation to the Information Management Unit who will ensure the REJIS entry is made. ### Two Years To ensure that the EDP designation of a person is current and accurate, a verification /purge will be conducted every two (2) years. ### Odd Numbered Years The following are the procedures to verify/purge EDP designations: 1. Each January of odd numbered years (beginning in 2017), the CIT Commander will request that Information Services Division have REJIS complete a computer dump of all persons labeled as EDP in their system. ### 24 Months To remain in the system, an EDP must have met one of the criteria listed in Annex F, Section B of this written directive within the past 24 months. ### Radio Telemetry Radio telemetry is an older, but effective technology that allows the user to track the signal to within inches of the source. ### Detainee's Wrist Report All personal property recovered from detainees will be placed in a bag and sealed to ensure security. In addition, the Detainee's Wrist Report will be attached to the outside of the original bag. ### Division Station Detainees will be directed to contact the Property and Evidence Section to retrieve their firearm. A firearm will never be released from a division station. ### Inmate Property Receipt The detainee will be asked to sign the Inmate Property Receipt to acknowledge accuracy of the listed property. ### Automated Reporting System (ARS) If the detainee still claims that property is missing, the transporting officer will complete a Miscellaneous Investigation report in the Automated Reporting System (ARS) . ### Detention Officer If a detainee claims that an item(s) of personal property is missing, the on-duty supervisor will be notified immediately. a. A Detainee's Missing Property Report, Form 217 P.D., will be completed by the Detention Officer at the time the complaint is received. (1) The original will be forwarded to the Bureau Commander. ### Warrant Desk Local (KCPD)state warrants are maintained on file at the Warrant Desk and are identified in the computer by the ORI MOKPD0000 and a KCPD case report number. ### Locate Message Indicates a temporary change in record status in the National Crime Information Center (NCIC) and/or Missouri Uniform Law Enforcement System (MULES) file. ### Probable Cause A set of facts and circumstances available to the sworn member upon inquiry which warrants a person of reasonable prudence and caution to believe that certain items may be contraband, stolen property, or subject to seizure as evidence of a crime or that a crime has been committed and that the suspect has committed the crime. ### Protective Sweep The purpose of a protective sweep is to ensure the security and safety of the sworn member, not to secure evidence. ### Warrant Verification A process of contacting, by telephone or hit confirmation (teletype) message, the agency issuing the warrant to determine: * If the warrant is valid (outstanding). * If the person in custody is the same person named/described in the warrant. * If the originating agency will extradite. ### Division Commander A handheld device may be used for off-duty functions only if authorized by a patrol Division Commander. ### 12 Hours All paper citations/summons are required to be entered into Mobile Ticketing application within 12 hours of issuance. ### Real Time Operators Real Time Operators will be responsible for entry of court information and bond information into the Integrated Metropolitan Docket System (IMDS) Plus via Court Web. ### 4 Points Municipal or county minor traffic violations include offenses that the Missouri Department of Revenue is authorized to assess 0 to 4 points to a person's driver's record... but that do not include traffic violations involving: * Accident or injury. * Operation of a Commercial Motor Vehicle (CMV). * Violations occurring in a construction zone. * Violations occurring in a school zone. * Exceeding the speed limit by more than 19 miles per hour. ### Reaching Distance A limited search of a vehicle incident to arrest is permitted when: a. The arrestee is within reaching distance of a passenger compartment where a weapon may be located. ### Violent Crimes Investigation Squad (VCIS) The Violent Crimes Investigation Squad (VCIS) will be contacted regarding questions related to firearms, body armor, ammunition and arrests made for Carrying a Concealed Weapon (CCW). ### Convicted Felon or Prohibited Person An indication that the person is a convicted felon or prohibited person. For a conviction to qualify: * A person need not have served a sentence of imprisonment; although, a sentence must have been imposed. * A Suspended Imposition of Sentence (SIS) would not qualify as defined by U.S. Code Title 18. * For a federal prosecution of a FIP of body armor, the felon must have at least one felony conviction for a crime of violence against a person or property (to include burglary). ### \$10,000 If the amount of seized currency is \$10,000 or more, the reporting sworn member will contact an Asset Forfeiture Squad Detective. ### 4 Calendar Days Once a sworn member establishes that a seizure can be done, the Asset Forfeiture Squad has 4 calendar days after the seizure date to notify the county prosecutor's office to start the seizure process. Any late notification after the fourth day will not be accepted regardless of the dollar amount. ### Dept. of Insurance Prohibits anyone from engaging in the bail bond business without being licensed by the Dept. of Insurance. ### Class "A" Misdemeanor Requires licensed bail bond agents or surety recovery agents to notify the appropriate law enforcement jurisdiction/authorities before they attempt to apprehend any person. A violation is a class "A" misdemeanor and any subsequent violation is a class "E" felony. ### "To Effect" A bond agent or surety recovery agent should only use "to effect" to effect the recapture of a defendant. ### Reasonable Means Complete the online Bondsman Notification of Intent to Apprehend and Enter a Residence, Form 95 P.D., which can be found on the department's internal website (intranet), for each address the bond agent or surety recovery agent intend to check within their patrol division. Each address to be checked should have a specific date and time, not to exceed 72 hours from the time of completion. ### Appropriate Court House If an sworn member encounters a situation where writing a summons does not seem appropriate or the tenant is unwilling to sign the summons, yet mediation may be able to resolve the landlord/tenant dispute, the sworn member may refer them to the appropriate court house for further information. ### Eviction Order Persons occupying residential or business property who are subject to eviction generally cannot be removed without an eviction order served by a Sheriff's Deputy in Cass, Clay, and Platte Counties or an Execution Deputy in Jackson County. ### Trespass The trespass ordinance is not applicable in landlord/tenant disputes. ### Replevin Orders and Self-Help Repossessions There are basically two (2) ways that a vehicle or other property can be repossessed: Replevin orders and self-help repossessions.