K.C.P.D. Policy Manual PDF

# K.C.P.D. Policy Manual ## Chapter 1: General Operations ### Section 1: Introduction **1.1 General** This policy manual outlines the procedures and guidelines for officers of the Kansas City Police Department. The manual is subject to change as needed. ### Section 2: Policy and Procedure...

# K.C.P.D. Policy Manual ## Chapter 1: General Operations ### Section 1: Introduction **1.1 General** This policy manual outlines the procedures and guidelines for officers of the Kansas City Police Department. The manual is subject to change as needed. ### Section 2: Policy and Procedure **2.1 Creditors** When a creditor (individual or business) takes possession of property, he/she will be liable to the debtor if he/she takes possession of any other property. **2.2 Constitutional Rights** All citizens have a constitutional right to peaceful assembly and protest. **2.3 Transporting Intoxicated/Injured Persons** Persons that appear to be under the influence of drugs or extremely intoxicated, and persons complaining of, or having visible signs of physical injury, will be transported to a hospital for treatment prior to being transferred to an alcohol/drug abuse facility. **2.4 Canine Officer** If officers are unable to secure the canine and a Kansas City, Missouri canine officer or supervisor cannot be contacted, a canine officer from another agency may be called to secure the canine. **2.5 Property Release** If the claimant requesting the property is not the listed owner on the original Form 236 P.D., he/she must provide a notarized letter from the claimant, authorizing the release of the property. **2.6 Property Report** Citizens turning in property to an officer or at a division station will be given a Report Referral as a receipt for the property. **2.7 Formal Complaints** Formal complaints will not be accepted by telephone. **2.8 Known Hazards** When the type of hazard cannot be determined from a safe distance or prior to responding to a known hazard, put on Personal Protective Equipment (PPE) and utilize data obtained from the Mini-Radiac Gamma Personal Radiation Detector. Notify the dispatcher of the type of hazard, utilizing the Department of Transportation Emergency Response Guidebook (ERG), and the exact location of the hazard. Request the Fire Department and if the situation dictates, the Fire Department's Hazardous Materials Unit (HazMat). **2.9 Non-Custodial Arrests** When a sworn member issues a citation/summons and releases the person from the scene (i.e., signature bond). **2.10 E-Days & Timekeeping** When a member is awarded an E-Day, they will receive 8 hours for each day earned. If a member is assigned to a SA that is scheduled for 28 days or less, the member's immediate supervisor/commander shall provide the timekeeper with the appropriate source document indicating the beginning and concluding dates of the SA. **2.11 Cell Phone Records** All cell phone records are subject to public disclosure in accordance with the Missouri Sunshine Law. **2.12 NCIC Network** Information exchanged over the NCIC network involves official and other criminal justice agency information and will be considered privileged. **2.13 Daily Exception Entry Sheet** The Daily Exception Entry Sheet, Form 469 P.D., is the source document for all elements except the Patrol Bureau. **2.14 DRAGNET Program** The _DRAGNET (Data Research and Analysis for Geographic Narcotics Enforcement Targets)_ Program is a computer tracking system established for the purpose of targeting locations of sales and consumers of illegal substances. **2.15 Court & Overtime Pay** Court and overtime pay will be paid every 14 days. It is imperative that court and overtime are entered as soon as possible after the court or overtime was earned to ensure that pay is received on time. **2.16 Narcotics Enforcement Activity Report** The _Narcotics Enforcement Activity Report_, Form 115A P.D., will be completed by law enforcement personnel whenever a narcotic-related arrest or enforcement action is taken against an individual or at a location involved in controlled substance activity. **2.17 Narcotics Enforcement Activity Report Retention** The _SCU_ will retain the reports according to the current department memorandum entitled, “Records Destruction” and the Missouri Secretary of State's Records Retention Schedule. **2.18 Unloading Police Vehicles** The shotgun will be unloaded and then reloaded, outside the vehicle, prior to a sworn member taking over a police vehicle at the beginning of the shift. **2.19 Injury Report** The _Injury Report_, Form 314 P.D. will be the source document for Injury Days. **2.20 Shredder Location** _Commanders_ will designate a specific area where the shredder will be placed. When applicable, a container marked "Material To Be Shredded" will be placed next to the shredder where members may place discarded printouts, reports, etc. **2.21 Barrel Maintenance** The _Building Operations Unit_ is responsible for the maintenance of the barrels. **2.22 On-Duty Member & Interpreters** Outside of emergency and exigent circumstances, members should first attempt to locate an on-duty member to translate before an interpreter service is used. **2.23 Court Notifications** Members who receive a court notification for a case that is not theirs are responsible for advising their supervisor of the error. **2.24 Detaining Service Members** An officer may detain a service member, pending verification, based on information received from a reliable source (family member). **2.25 Marijuana Field Tests** Municipal Court cases involving marijuana with a positive field test result will not be analyzed by the Regional Criminalistics Division unless requested by the initiating officer. **2.26 Leave/Absence Document** The _Application for Leave, Form 1 P.D._ will be the source document for the following types of leave/absences: * Family and Medical Leave * Leave Without Pay * Military Leave * Vacation (4 days or more) **2.27 Cell Phone Usage** Cell phones will not be used to call directory assistance except when exigent circumstances dictate otherwise. The member must be able to justify the expense. **2.28 Court Group Changes** The _Court Liaison_ will notify a member if an assigned court group has been changed. **2.29 Phase I Mobilization** A _Phase I_ mobilization will be utilized under circumstances where a critical incident is occurring within a limited geographical area. **2.30 Animal Concern Reporting** All citizens will be referred to the _3-1-1 Action Center_ at 816-513-1313 or 311 when they wish to report any animal concern, including lost or stray dogs. **2.31 Daily Assignment/Exception Entry Sheet** The _Daily Assignment/Exception Entry Sheet_, Form 5015 P.D., is the source document for Patrol Bureau personnel. **2.32 Cell Phone Replacement Requests** Requests for the replacement of lost, stolen, damaged or otherwise inoperable cell phones or pagers will be submitted through the chain of command for approval by the member's bureau commander. **2.33 Access to Foreign Nationals** Officers must be given access to the foreign national and permitted to communicate with him or her. **2.34 Mark I Kits** _Mark I Kits_ (nerve or organophosphate agent antidote) will be available for use by first responders in the event of a WMD incident. **2.35 Report Completion** Prior to the end of the reporting member's tour of duty all reports will be completed and "Owner Approved". **2.36 Timekeeping Data Request** Members requesting timekeeping data from another element will submit a memorandum or a 191 P.D., detailing the data needed through the division level chain of command to the _Personnel Records Section_. **2.37 Vehicle License Verification** Officers should check vehicle licenses and occupant(s)/pedestrian(s) names through the _MDC_. **2.38 Vehicle License Plate Envelope** Place the vehicle license plates in a 10" x 13" police department envelope and mark the envelope as "Third Class". **2.39 Accrued Leave** With the exception of the Chief of Police, all members will accrue _vacation (V)_ leave (-Time) based on the number of years of service. **2.40 Daily Exception Entry Sheet** The _Daily Exception Entry Sheet_, is the source document for all other elements/personnel. **2.41 Undocumented/Unauthorized Foreign National Hold** A "hold" will be placed on the suspected undocumented/unauthorized foreign national, pending final disposition of charges, only if requested by _ICE_. **2.42 Human Resources Division & Promotional Process** The _Human Resources Division_ will be responsible for all administrative matters relating to the promotional process, e.g., publication of Special Orders announcing process phases, determination of candidate eligibility, conducting/administering examinations and assessment center, etc. **2.43 Time Record Forwarding** When a member's special assignment is scheduled to extend beyond a 28- day period, the member's immediate supervisor/commander will complete and forward a Form 191 P.D. through the chain of command to the _Personnel Records Section_, requesting the member's computerized time record be forwarded to the element where the special assignment will occur. **2.44 Cell Phone Assignment Review** _Bureau_ commanders will review the list of assigned cell phones to ensure the correct assignment for each telephone is listed and that there is a continued need for cell phone. **2.45 Clandestine Laboratories** Whenever a clandestine laboratory is present, the situation will be treated as a criminal offense and will require the response of the _Metro Meth Section_ for investigation and chemical recovery. **2.46 Complainant Information** When applicable, enter the complainant (owner, lessee or person in charge of property or facility) in the “witness” tab of the Mobile Ticketing system. * (a) The complainant will not receive a subpoena at that time. * (b) Provide the victim/witness a Municipal Court issued _Witness Information_ sheet. **2.47 Court Appearances** Department members scheduled to appear in court will refuse any routine responding to court and advise the dispatcher of the impending court appointment, while Upon the arrival of _Bomb and Arson Section_ personnel , they shall have command and control of all duties related to the explosive device. **2.48 Firearm Replacement** A temporary replacement firearm for the primary duty firearm will be made available through the _Supply_ Section. **2.49 Suspension of Personal Rifle Privilege** Suspension of a sworn member's privilege to carry the personal rifle will be documented on an _Interdepartment Communication_, Form 191 P.D., and forwarded through the sworn member's chain of command. **2.50 Sole Source Purchase** Once sufficient evidence exists to justify a sole source purchase, the Purchasing Section will generate a sole source document for forwarding to the _Financial Services Unit_ for review. **2.51 Fingerprinting Forged Documents** Forged documents will be processed by the _Regional Criminalistics Division_ for fingerprints only at the request of an investigative element. **2.52 Long-Term Travel** Long-term travel shall be any travel in excess of 4 weeks. **2.53 Contacting an Attorney** If, after reading the implied consent, an arrestee makes a request to contact an attorney, the arrestee must be given 20 minutes to attempt to contact an attorney; therefore a phone must be available when the implied consent is read. **2.54 Removing Hard Drives** Under no circumstances are hard drives allowed to be removed from the patrol division or crime scene by the investigative element without the approval of the _Information Services_ Commander or designee. **2.55 Travel Expense Recap** Within ten working days of return, a _Travel Expense Recap_, Form 146B P.D., shall be submitted through the member's chain of command to the _Fiscal Division_ for reconciliation. **2.56 Search Warrant Consent** When a sworn member believes probable cause exists for the application of a search warrant, consent must be obtained from an element supervisor/commander before contacting the applicable investigating element. **2.57 Miranda Waiver** If a person wants to give a statement but refuses to sign the _Miranda Waiver_, Form 340 P.D., the officer should write "refused" in the signature space and complete the remainder of the form. **2.58 Equipment Requisitions** New equipment requisitions will be processed by the _Purchasing Section_. **2.59 Petty Cash Fund Requests** A department element seeking establishment of a petty cash fund will forward a written request through the chain of command to the _Fiscal Division_ for input prior to final review and approval by the Chief's Office, or their designee. **2.60 Radio Equipment Damage** If any radio equipment is damaged, the _Communications Support Unit_ will determine if a replacement is needed. **2.61 Asset Numbers** _Asset Number_ - A 7-digit control number assigned to each piece of nonexpendable equipment. **2.62 Nonexpendable Equipment Criteria** _Nonexpendable Equipment_ - Equipment with a value of $500 or more that is not reasonably expected to be used up or destroyed in normal service and considered to be a fixed asset. **2.63 Property Inventory Action** _Form 269 P.D. (Form 269 P.D.);_ which is available in electronic or paper version, will be completed to report any action taken involving nonexpendable equipment. **2.64 Firearm Maintenance** _Commanders_ or designees will periodically inspect firearms carried on-duty by sworn members under his/her command to ensure proper maintenance. **2.65 License Verification** The _RMS (records management system)_ can be used to verify a private security license if an individual claims that he/she has a license, but is unable to produce a valid license card. **2.66 Personal Rifle Storage** If a sworn member cannot secure the personal patrol rifle in a patrol vehicle, i.e. illness or injury, it will be stored in a secure location at a _department facility_ until the sworn member can retrieve the firearm. **2.67 Breath Analyzer Storage & Supplies** Breath analyzers will be kept in designated areas of the patrol divisions where they can be monitored. The patrol division _Breath Test Log_, Form 166 P.D., and all supplies for the breath analyzer will be issued by the _DUI Section_. **2.68 Unannounced Asset Audits** The _Accounting Section_ will conduct unannounced fixed asset audits of one to three department elements each month as staffing and workload allows. **2.69 Firearm Cleaning** Only a certified armorer will strip, inspect and clean the internal parts, e.g. firing pin, trigger mechanism, etc., of the primary duty firearm. **2.70 Surplus Inventory Requests** All requests for items from surplus inventory will be forwarded via email to [email protected]_ (). **2.71 Miranda Warning** There is absolutely no necessity to give a _Miranda Warning_ at the time of arrest as long as the officer does not undertake any questioning. **2.72 Media Access** When a Media Unit member responds to the assembly site of an incident, they will ascertain areas of access for the media from the _ranking sworn member_ at the scene. **2.73 Firearm Alterations** No repairs or alterations of any kind will be made on any department approved firearm unless such work is performed by a member of the _FTTS_. **2.74 Hazardous Material Contamination** Any clothing soiled with blood, urine, pepper spray, or feces should be treated as hazardous and will be placed in a _red_ bag. **2.75 Forfeiture** If a sworn member has _probable cause_ to believe that property is subject to forfeiture, the sworn member may seize the property as more fully described below. **2.76 Report Approval** _Division commanders_ will be responsible to ensure each report is “Owner Approved” and "Supervisor Approved” within 6 calendar days of the report being initiated. **2.77 Nuisance Vehicles** Vehicles located on the owner's private property (residence), which are deemed a nuisance, will _not be towed_ by KCPD. **2.78 Nuisance Vehicle Reporting** Members encountering a nuisance vehicle on private property may refer the individual to contact the _Action Center (311)_ online or by phone. **2.79 Class A License Holder** A _Class A_ License holder has the authority to apprehend or detain and is classified as one of the following: loss prevention agent, patrol agent, proprietary private investigator, airport police officer, airport traffic control officer. **2.80 Class B License Holder** A _Class B_ License holder does not have the authority to apprehend or detain and is classified as one of the following: guard, armed courier, proprietary private investigator. **2.81 License Renewal & Validity** The license (class A or B) card must be renewed every 12 months and is valid only through the expiration date shown on the card. **2.82 Bond Agents & Defendants** The United States Supreme Court delivered an opinion in 1872, which still controls this relationship between bond agents and the defendant ( _Taylor vs. Taintor_, 21 L.Ed. 287, 83 U.S. 366). **2.83 Police Vehicle Damage Notification** The dispatcher will notify the on-duty _Traffic sergeant_ when a commander is involved in an incident of police vehicle damage. **2.84 Private Vehicle Use** Private vehicle use for police duty will be voluntary and will be authorized by the member's _Bureau_ Commander. **2.85 Recovering Property** Members will exercise good judgment when recovering property for the sole purpose of _safekeeping_. **2.86 Tire Deflation Device Storage** _Tire Deflation Device_ will be carried in the nylon sleeve and secured in the carrying tray attached to the vehicle's trunk lid when not being utilized. **2.87 Body Cavity Search** A body cavity search of any arrestee may only be conducted pursuant to a duly executed _search warrant_ under sanitary conditions, and by a physician, registered nurse, or practical nurse licensed to practice in Missouri. **2.88 Seizure** _A seizure_ occurs at the point at which any sworn member or agent discovers and exercises any control over property to be seized thereby interrupting the possessory interests of the owner of the seized property. **2.89 Vehicle Pursuit** Members will not initiate a vehicle pursuit unless they determine that there is _that the suspect vehicle or occupant(s) presents a clear and immediate danger to the safety of others_. **2.90 Reasonable Belief** _Reasonable belief_. **2.91 Warrant Clearance** Any case involving a warrant which is issued by a judge while the suspect is in custody will be _cleared by the case detective_. **2.92 Disarmed Officer & Subject** In any situation that results in a Department member being disarmed of the CEW, the Department member will use _reasonable force_ to defend themselves to avoid incapacitation and possibility of the subject gaining control of the Department member's firearm. **2.93 Ride-Alongs** As part of the employment process, police officer applicants, whether local or out of town, will be required to participate in _one_ ride-along(s). **2.94 Pursuits** A person whose identity is known, who has not been involved in a dangerous felony, and who can be apprehended at a future time generally should not be the subject of a pursuit. **2.95 Ride-Along Scheduling** The actual date and time for the ride-along will be determined by the _desk sergeant_ based on the requested day of the week, anticipated activity level, and the number of ride-alongs already scheduled. **2.96 Ride-Along Reporting** On the date of the ride-along, the entrant officer will report to the appropriate patrol division and check-in with the _desk sergeant_. **2.97 Surety Recovery Agent** A bond agent or surety recovery agent should only use “_reasonable means_” to affect the recapture of a defendant. **2.98 Pursuit Termination** A member will not be criticized or disciplined for _terminating a pursuit_ when, in that member's opinion, the lives or property of others would have been at undue risk if the pursuit had continued. **2.99 Aggravated Trespass** Officers should be aware of the city ordinance 50-171, Aggravated Trespass, which states a _certified copy of the bond_ must be shown to any occupant of the building who is seeking to deny access or is questioning the bondsman or surety recovery agent's authority to enter the building. **2.100 Seizure of Property** _Real property_ will not be seized unless a court has issued a _writ of seizure_. **2. 101 Controlled Substance Charges** Possession of controlled substance charges (federal, state, or municipal) will be pursued only when controlled substances are recovered subsequent to a lawful _arrest, search or seizure_. **2.102 Assigning Asset Numbers** All nonexpendable equipment will be assigned an asset number by the _Inventory Control_ Coordinator or designee. **2.103 Damage to Radio Equipment** If damage to radio equipment (e.g., a hand held radio, mobile radio, or other communications equipment) resulted from a malicious act, a report entitled, _property damage_, will be completed. **2.104 Notifying Municipal Court** The _Municipal Court Prosecutor's Office_ must be notified when a department member is unable to appear in court and/or requests a continuance. **2.105 Delayed Response Notifications** For calls meeting the delayed response criteria, the call taker will advise the caller that a delay of up to 4 hours is possible. **2.106 Surplus Inventory** When an item listed on an element's inventory is to be returned to surplus inventory, it shall be transferred to inventory storage by written request, coordinated by the _Accounting Section_. **2.107 Radio Equipment Damage** If any radio equipment is damaged, the _Communications Support Unit_ will determine if a replacement is needed. **2.108 Report Transfer** The _Data Entry Section_ will be responsible for the final approval and transfer of all reports into RMS within 4 calendar days. **2.109 Cell Phone Equipment Damage** Damaged or missing cell phone equipment will immediately be reported to a supervisor/commander and to the _System Services Section_. **2.110 Cell Phone Assignment Lists** The _Purchasing Section_ will provide each bureau commander with a list of cell phones assigned to their bureau, by March 31st of each year. **2.111 Cell Phone Justification** Bureau commanders will forward to the Chief of Police written justification for the continued assignment of each cell phone within their bureau, by May 1st of each year. **2.112 Complaint Notifications** Members will be notified in writing via the chain of command that a complaint has been filed against them at least 10 days prior to giving a formal statement. **2.113 Summary of Analysis** (OCC) The Chief and/or Board will be presented with a final copy of the _Summary of Analysis_ and letters from OCC within forty-five (45) calendar days. **2.114 OCC Disagreement** If the Chief disagrees with the recommendation from OCC: * (1) Within 30 calendar days of receipt of the summary, the Chief will forward written suggestions for the basis of the disagreement to OCC requesting OCC to reconsider their recommendations. **2.115 Special Handling of Valuables** When monies, fine jewelry, or precious metals with an estimated or known value equal to or greater than $100 but less than $2000 are recovered by Patrol Bureau personnel or Investigations Bureau personnel, the property will be transported to the appropriate division station or the headquarters building. **2.116 Hazardous Waste Decisions** Decisions concerning the hazardous waste must be made at the _scene_. **2.117 Hazardous Material Discovery** A _Crime Scene Investigations Section_ supervisor will be contacted when a hazardous material is encountered as evidence and a sample is needed. The remaining materials will be handled by the _Department of Environmental Management (DEM)_ who will be contacted by the Crime Scene supervisor. **2.118 Theft Charges** A person arrested in connection with possessing stolen property having a retail value of $500 or more may be charged in a state court; if the property has a retail value of less than $500, the charges may be filed in city court. **2.119 Stealing Offenses** Jackson, Platte, Clay, and Cass County Prosecutors will review each case to determine whether stealing offenses over $150 but under $500 should be filed as Receiving Stolen Property, State Misdemeanor Stealing, or re-booked to a city charge. **2. 120 Property Return (Pawnshops)** (Pawnshops) If the criminal investigation is not completed within 120 days after the property was recovered, the investigating element will immediately return the property to the pawnbroker or obtain a warrant for the continued possession of the property. **2.121 Fleet Operations** When involved in a police vehicular the supervisor will send all police vehicles to the _Fleet Operations Unit_ for inspection and damage estimates. **2.122 GPS Coordinates** Members will confirm the GPS coordinates are displayed in the lower right corner. If not displayed, the vehicle should be taken to _Communications Support_. **2.123 ATF Generated Form** A _Firearm Description Report_ (ATF generated form) obtained from the investigative element will be completed by the recovering member and submitted in addition to related reports completed by the reporting member. **2.124 County Detention Transport** State misdemeanor arrests will be transported to the appropriate county detention facility. * a. The sworn member will contact the _Real Time Operators_ to obtain a hit confirmation. **2.125 Felony Arrest Approval** _Supervisors_ have the authority to approve the Form 176 P.D. for felony arrests involving the following: * Field drug possession cases. * Property crimes. * Cases investigated by the DUI Section, Accident Investigation Section (AIS) or Traffic Investigation Section (TIS). **2.126 Public Place Arrests** Arrests based on a _want_ can be made in public places only and do not give the same authority as a warrant. **2.127 Person of Interest Records** A _Person of Interest_ record has no bond attached and will be automatically purged out of MULES after one year if it is not cancelled by the entering outside agency. **2.128 Temporary Want Expiration** A _Temporary Want_ will expire from NCIC 48 hours after entry and remain a local want in REJIS. **2.129 Warrant Verification** After the _Warrant Desk_ verifies the warrant, the arresting sworn member will request a copy of the warrant from the _Criminal Records Section_. **2.130 State Parole Violation Warrants** _Missouri Department of Corrections (MDOC)_ issues all State Parole Violation Warrants. **2.131 Foreign Fugitives** Arrest warrants issued by foreign countries are not extraditable in the United States. Any contact on a foreign fugitive (i.e., hit confirmation) should be handled by: * a. Contacting the _F.A.A.S._ as soon as practical. will make the appropriate notifications to the United States National Central Bureau via NCIC. **2.132 Declined Prosecution Notification** The _MSHP_ must be notified within 90 days when the F.A.A.S. receives notification from a prosecutor that a case has been declined for prosecution.