IMPD General Order 1.2 - Bias-Free Policing PDF

Indianapolis Metropolitan Police Department GENERAL ORDER 1.2 BIAS-FREE POLICING POLICY The Indianapolis Metropolitan Police Department (IMPD) is dedicated to providing law enforcement services in an unbiased, equitable, and respectful manner. This policy is intended to reaffirm IMPD’s commitment...

Indianapolis Metropolitan Police Department GENERAL ORDER 1.2 BIAS-FREE POLICING POLICY The Indianapolis Metropolitan Police Department (IMPD) is dedicated to providing law enforcement services in an unbiased, equitable, and respectful manner. This policy is intended to reaffirm IMPD’s commitment to biasfree policing and to clarify the circumstances in which agency personnel can consider race, national origin, citizenship, religion, ethnicity, age, gender, disability, socioeconomic status, gender identity, or sexual orientation when carrying out duties. DEFINITIONS Biased Policing – The inappropriate consideration of specified characteristics in carrying out duties. Specified Characteristics – Race, national origin, citizenship, religion, ethnicity, age, gender, disability, socioeconomic status, gender identity, or sexual orientation in relation to making law enforcement decisions. PROCEDURE I. Officer Responsibilities A. Agency personnel may only consider the specified characteristics when credible, timely intelligence relevant to the locality link a person or people of a specified characteristic to a specific unlawful incident(s), or criminal pattern(s) or scheme(s). In those circumstances, personnel may rely on these specified characteristics only in combination with other appropriate factors. B. It is biased policing if an officer’s decisions/actions are based on the fact the individual’s demographics (e.g., race, income, etc.) are different from the demographics of the majority of the residents in the area in which the individual is found. C. These restrictions on the use of these specified characteristics do not apply to law enforcement activities designed to strengthen the department’s relationship with its diverse communities. II. Training and Compliance A. Personnel shall receive annual training in bias-free policing, including the legal and psychological aspects of it and the content of this policy. B. All IMPD members shall perform their duties in a bias-free manner and are responsible for promptly reporting any known instances of bias-based policing to a supervisor. Where appropriate, officers are encouraged to intervene at the time the biased policing incident occurs. C. Supervisors shall ensure all personnel in their command are familiar with the content of this policy and will be alert and respond to indications that biased policing is occurring. D. There shall be an annual administrative review of agency practices including citizen concerns. BRYAN K. ROACH CHIEF OF POLICE Supersedes IMPD General Order 1.2, Effective Date September 18, 2012 Effective: JULY 31, 2019 Page 1 of 2 1.2 BIAS-FREE POLICING GENERAL ORDER III. Complaints of Biased Policing A. The department will investigate all complaints of alleged biased policing against its employees/members. Those found to be in violation of this policy are subject to discipline in accordance with this department’s disciplinary policy. B. A report of biased policing may be filed in person, in writing, on Citizens Complaint Form, IMPD Form No. 6-5-32 R5, or by telephoning the department. 1. Such complaints shall be investigated by an uninvolved supervisor of rank greater than the accused member/employee, as outlined in IMPD General Order 3.16 – Compliments and Complaints Regarding Employees. 2. If an uninvolved supervisor determines the reporting person is satisfied their complaint required nothing more than an explanation regarding the proper implementation of department policy, procedure or law, a complaint need not be taken. 3. If a complainant is not satisfied with the outcome of an initial investigation, the complainant may file a complaint in accordance with IMPD General Order 3.16. 4. All complaints, as well as a record of the disposition or finding of any investigation, shall be maintained in accordance with established policy as described in General Order 3.16. C. The Internal Affairs section shall prepare an annual summary report for the chief of police and disseminate copies to all division commanders as well as the Deputy Chief of the Performance and Policy Division. The annual summary report shall include, but not be limited to, the following: 1. A list of each complaint; 2. An explanation of any action taken; 3. Recommendations regarding training needs; and 4. Recommendations for policy changes. Page 2 of 2 JULY 31, 2019 BRYAN K. ROACH – Chief of Police Indianapolis Metropolitan Police Department Jurisdiction and Mutual Aid General Order 1.4 POLICY It shall be the policy of the Indianapolis Metropolitan Police Department to provide reasonable assistance to any law enforcement agency, whether federal, state, or municipal, who requests assistance in the investigation or enforcement of criminal laws over which the requesting agency has jurisdiction. DEFINITION Disaster: An occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any phenomenon or human act. (See all examples listed in IC 10-14-3-1) PROCEDURE I. Jurisdiction <2.1.1> A. The primary area of jurisdiction for officers of the Indianapolis Metropolitan Police Department shall be the geographical boundaries of the incorporated City of Indianapolis/Marion County, Indiana. 1. The department has the authority to enforce felony and misdemeanor laws in those incorporated municipalities located within Marion County, Indiana. B. A detailed official map of Marion County, including jurisdictional boundaries, shall be available to all officers of the department. II. Concurrent State Jurisdiction <2.1.2> A. Primary responsibility for law enforcement services in the incorporated municipalities lies with the respective police department of those jurisdictions. B. The Indianapolis Metropolitan Police Department may provide law enforcement services within a municipality by contract, request, or in exigent circumstances justifying immediate action. C. Law enforcement assistance requested by a municipal law enforcement agency shall be provided efficiently and expeditiously. The services of specialized units, e.g. Marine Patrol, E.O.D., S.W.A.T., K9, SCUBA, Tactical Air Patrol, or any other specialized units, shall be approved and provided pursuant to the policies and procedures of the Indianapolis Metropolitan Police Department. D. The department is responsible for the enforcement of Indianapolis City Ordinances and Indiana State Statutes within its service area. Other agencies that have jurisdictional authority within the boundaries of Marion County include, but may not be limited to, the following: 1. Indiana State Police; 2. Indiana Department of Natural Resources (Law Enforcement Division); and Michael T. Spears, Chief of Police Effective: 02/29/2008 Supersedes General Order 1.4 effective 01/01/2007. Page 1.4- 1 Jurisdiction and Mutual Aid General Order 1.4 3. Federal Agencies that have enforcement powers by virtue of the United States Code. E. It is this department’ s policy to offer to agencies with concurrent jurisdiction complete cooperation in the exercise of their authority within Marion County. III. Inter-agency Cooperation A. Effective law enforcement and investigation of criminal activity is a cooperative effort within law enforcement agencies. The Indianapolis Metropolitan Police Department supports this effort and will fully cooperate with other agencies in the discharge of these duties. B. Indiana Code 10-11-2-21 grants the Indiana State Police general law enforcement authority throughout the State of Indiana, including Marion County. C. Indiana Code 36-8-3-6 and Section 279-102 of the “ Revised Code of the Consolidated City and County”(as added G.O. No. 110, 2005) grants the Indianapolis Metropolitan Police Department general law enforcement authority. D. Nothing prohibits members of the department from taking enforcement action in situations that may occur in their presence within any municipality located in Marion County. E. In any situation where a question concerning jurisdictional authority within Marion County is made, the responding officer will make every attempt to resolve the matter in the most professional manner possible. If this is not possible, the matter will be turned over to an IMPD supervisor for resolution. If a resolution cannot be made at the supervisor level, the IMPD will handle the matter and a report will be generated by the supervisor outlining the situation and that report will be forwarded to the Chief of Police. NOTE: At no time will public safety be jeopardized by the Indianapolis Metropolitan Police Department because of a jurisdictional dispute. IV. Mutual Aid <2.1.3> A. Mutual aid is agreed upon by this department with other local departments utilizing current Indiana law under the following Indiana Codes: 1. IC 10-14-3 2. IC 10-14-5 3. IC 36-1-7-7 V. Requesting Federal Assistance <2.1.4> A. The use of federal law enforcement agencies, including the military and/or National Guard, during disasters or states of emergency, will be at the request of the Mayor of the City of Indianapolis. 1. The Mayor may request from the Governor of the State of Indiana the assistance of National Guard troops during a disaster or state of emergency. 2. The Governor may request from the President of the United States the assistance of federal law enforcement agencies if the circumstances necessitate it. Michael T. Spears, Chief of Police Effective: 02/29/2008 Supersedes General Order 1.4 effective 01/01/2007. Page 1.4-2 Indianapolis Metropolitan Police Department GENERAL ORDER COURT APPEARANCE 1.5 POLICY Court room appearance and testimony is an important law enforcement responsibility. It is the policy of the Indianapolis Metropolitan Police Department (IMPD) that all department personnel respond to subpoenas, appear in court prepared to testify, and project a professional image in compliance with the department’s personal appearance and dress code (General Order 3.10). Department personnel will not provide expert or opinion testimony in any court case, civil, criminal or administrative hearing, except when required by law, departmental order or when properly served with a subpoena. This policy does not apply when the employee/member is a party of, or testifying on behalf of, the city/county or the department. DEFINITIONS Employee – Those persons employed and regularly compensated by the department (e.g., police officers and civilian employees). Member – Those persons, who are non-compensated, and have an official and recognized capacity in the department (e.g., reserve police officers and volunteers). Personnel – A term that includes all persons described within the terms “Employee” and “Member.” Officer – For the purposes of this general order, this term applies to all sworn peace officers (employed and regularly compensated officers and reserve officers), as well as those civilian employees authorized to wear a department uniform. PROCEDURE I. New Cases A. Only those officers necessary and essential to a case will be subpoenaed to court or allowed to collect overtime. B. Officers who have received a subpoena for a jury trial, but who have not yet been contacted by a representative from the prosecutor’s office, should contact the assigned prosecutor at least one week prior to the trial date to find out what time the officer will be needed in court to discuss his/her testimony. C. Officers are not permitted to intentionally alter their regular work schedule by trading days off, taking leave time, or flexing work hours to obtain paid overtime or earn accumulated time off for court hearings or meetings with court officials. WILLIAM D. LORAH CHIEF OF POLICE Supersedes IMPD General Order 1.5, Effective March 21, 2007 Effective: OCTOBER 18, 2012 Page 1 of 5 1.5 COURT APPEARANCE GENERAL ORDER II. Subpoenas A. Delivery of all subpoenas will be directed to the Court Coordinator’s office. B. When a subpoena is received by the Court Coordinator’s office, it will be forwarded to department personnel by inter-department mail. If necessary, the Court Coordinator’s office will e-mail or fax a copy of the subpoena, then forward the original by inter-department mail. C. The Court Coordinator’s office will be available to receive subpoenas during the hours of 0800 to 1600 hours, Monday through Friday, excluding holidays. D. The Court Coordinator’s office will e-mail or fax "short-notice subpoenas" to the officer’s attention when delivered less than 72 hours from the scheduled appearance date. The Court Coordinator will also attempt to contact the officer by phone and/or pager to relay the pertinent information of the subpoena. E. All subpoenas will be time-stamped upon receipt by the Court Coordinator’s office and a copy will be retained on file for a period of one year. III. Continuances and Call Offs A. Officers made aware of continuance dates via email, pager, or phone call are responsible for appearing at such court sessions, regardless of whether or not subpoenas were issued. B. All officers are responsible for checking their subpoena list at least three (3) times during the officer's scheduled work week, and prior to the officer's next series of regular days off. Officers will also check their e-mail a minimum of three (3) times each week to check for messages from the Marion County Prosecutor’s Office (MCPO) for updates pertaining to active cases. This system is designed to eliminate an officer from appearing in court when a case has been continued. The MCPO is responsible for the following: 1. When a case is removed from the docket prior to the day of trial, the assigned deputy prosecutor is responsible for notifying all witnesses. The MCPO will utilize all reasonable efforts to make notification. 2. When a case is removed from the docket less than seven (7) calendar days prior to trial, officers are notified by e-mail and pager. If the officer has provided the deputy prosecutor with a cell phone number, notice to that number may be given instead of paging. The Communications Center may be utilized to notify officers if there is no paging system available. 3. When a case is removed from the docket more than seven (7) calendar days prior to trial, officers will be notified by e-mail only; no other notice will be made. 4. A case removed from the docket prior to the day of trial will automatically be removed from the officer subpoena lists when the disposition or continuance is entered into JUSTIS. 5. The MCPO documents and maintains a file with the date and manner of call off. Page 2 of 5 OCTOBER 18, 2012 WILLIAM D. LORAH – Chief of Police COURT APPEARANCE GENERAL ORDER 1.5 IV. Officers Requesting Continuances A. When an officer is unable to honor a subpoena, the officer shall: 1. Send an e-mail message to the appropriate MCPO court administrator (as listed below in E-Mail Account List Box below) as soon as possible, preferably at least ten (10) business days prior to the court appearance, giving the reason the officer is not able to attend court. a. Ten days is not sufficient notice to request a continuance for some courts and is no guarantee that the request will be granted. In some cases, such as when defendants are in custody and have asked for a speedy trial, the MCPO may ask for an earlier trial date rather than a continuance. b. Officers shall provide detailed information regarding the reason for the schedule conflict. Officers who will be out of state or on vacation shall indicate the entire time frame they will be gone. Should the schedule conflict involve training, officers shall include the nature of the training and any available alternate dates. Court Administrator E-Mail Accounts S0001 Criminal Division Major Felony Courts: 1-6, 20, 22 & 23 M0001 Misdemeanor and D-Felony Courts: 7-19 (includes Traffic), 21, 24 & 99 J0001 Juvenile Court 2. Officers should print and retain a copy of their request. 3. Officers should carbon-copy (cc:) the Court Coordinator at “IMPD_Court_Coordinator” only for statistical purposes. It is the officer’s responsibility to ensure the administrators within the Marion County Prosecutor’s Office have been properly notified of the officer’s reason for court conflict. Officers shall be aware of the following contact procedure: 4. When an officer attempts to correspond by e-mail with a MCPO court administrator and receives an “Out of Office” notification, it is the officer’s responsibility to make contact with an alternate MCPO court administrator or other employee to ensure the message is passed on to the proper personnel. This is especially important if immediate attention to the matter is required. 5. If an officer is sick or injured, and less than ten (10) days notice is given, the same procedure must be adhered to by one of the following methods: a. The officer may notify the appropriate Marion County Prosecutor’s Office court administrator (above) directly by e-mail message using either a personal e-mail account through their personal internet service provider, in which case the full e-mail address of the addressee (i.e., [email protected]) is required, or by using the internet to access the enterprise’s Outlook Web Access https://mymail.indy.gov; or b. The officer may notify their immediate supervisor or the Court Coordinator who will make the proper e-mail notification to the MCPO court administrator for the officer. WILLIAM D. LORAH – Chief of Police OCTOBER 18, 2012 Page 3 of 5 COURT APPEARANCE 1.5 GENERAL ORDER B. When unable to make a court appearance, the officer notifying the Marion County Prosecutor’s Office court administrator must provide the following information in the e-mail message, the required form of communication: 1. Name and identification number of the officer; 2. IMPD Case number or UTT number; 3. Cause number or JUSTIS case ID number (preferred); 4. Defendant’s name; 5. Court number; 6. Session scheduled; NOTE 7. Court date; and For documentation purposes, officers shall “Blind Copy” themselves, and then print a hard copy of the e-mail for future reference. 8. Reason for court conflict. C. If an officer is unable to appear for a deposition, conference, or other court-related matter, it is the officer’s responsibility to notify the issuing official and deputy prosecutor. Any questions regarding an appearance other than by subpoena should be directed to the assigned deputy prosecutor, rather than the court coordinator. D. The Officer Witness Deletion Request Form is used to request that non-critical officer/witnesses be deleted from active case witness lists. The form is available on the shared drive of the LAN system at S:\Common\IPD Forms\Misc. IMPD. Completed forms should be submitted to the Court Coordinator’s office at least ten (10) business days before the court appearance. NOTE Officers are reminded that a request to delete an officer from the witness list is not a guarantee for the MCPO to delete the officer from the list. The assigned deputy prosecutor will contact the requesting officer by e-mail or pager to inform the officer of the decision. The Court Coordinator does not have the authority to have a witness deleted or continue a case. V. Testifying for the Defense A. Officers testifying independently, on behalf of a criminal defendant as a witness, expert or otherwise, are not authorized to wear the department uniform while testifying. B. Officers are authorized to wear the department uniform in response to a subpoena when their testimony is in connection with a matter arising out of the officer’s course and scope of official duties. However, officers are not authorized to wear the department uniform when their testimony involves employment for, or provides benefits to a private individual or business. Example: An officer who receives a subpoena to a board hearing at the Alcoholic Beverage Commission (ABC) is authorized to wear the uniform in a case where the officer is representing the City of Indianapolis in its attempt to have a license revoked. An officer is not authorized to wear the uniform when giving testimony on behalf of a private individual or business that is attempting to have an ABC license renewed. Page 4 of 5 OCTOBER 18, 2012 WILLIAM D. LORAH – Chief of Police COURT APPEARANCE GENERAL ORDER 1.5 C. In cases where a subpoena is issued, an officer shall forward an inter-department memorandum with a copy of the subpoena attached explaining the anticipated nature of the testimony, via chain of command to his/her commander in the following circumstances: 1. When the officer is subpoenaed by the defense in a criminal trial or proceeding; 2. When the officer will be providing testimony or information for the plaintiff in a civil proceeding against any city, any county or their officers and employees; or 3. When the officer is testifying on an issue that might be adverse to the city/county’s best interests and the officer represents himself as an Indianapolis Metropolitan Police Officer. VI. Court Attire and Appearance A. All officers appearing in court or other court-related proceeding are required to adhere to all personal appearance and grooming requirements listed in General Order 3.10 – Uniform and Equipment Requirements. B. Exclusions may apply based on the officer’s assignment (i.e., undercover narcotics investigators), as specifically approved by the officer’s commander. VII. Punctuality A. Officers shall appear in court no later than the indicated court time, unless prior arrangements are made with the court. B. If an officer is delayed in appearing for a scheduled court session due to official police business or personal emergency, the officer is responsible for notifying the Court Coordinator of the reason for the delay and the officer’s estimated time of arrival. The officer should also attempt to contact the court. VIII. Overtime Slips A. Overtime slips shall be time-stamped, except for times when a time stamp machine is unavailable. In those instances, the officer must have a court administrator write in the time-in and time-out then sign the overtime slip. B. Overtime slips shall not be signed by Marion County Prosecutor’s Office employees in court if the case for which the officer was subpoenaed is not on the court’s slate, unless the MCPO employee has personal knowledge that the officer was not called off. Officers may be paid for these appearances only if proper documentation is provided to the department proving they were not properly called off. C. Officers who have appeared on cases not listed on the court slate may appeal for overtime payment directly to the Court Coordinator. If the Court Coordinator determines overtime should be approved, the Marion County Prosecutor’s Office shall be contacted to request a deputy prosecuting attorney’s signature on the overtime slip. D. Officers shall conduct themselves in a professional manner regarding overtime slips. Officers shall not question an MCPO employee who refuses to sign an overtime slip. All questions regarding overtime will be directed to the Court Coordinator’s office. IX. Related Information For further information regarding overtime, court time, clocking in and out, and filling out court time and overtime slips, officers should refer to General Order 3.23 – Leave, Overtime and Attendance. WILLIAM D. LORAH – Chief of Police OCTOBER 18, 2012 Page 5 of 5 Indianapolis Metropolitan Police Department GENERAL ORDER 1.6 WARRANT AND FORCED ENTRY PROCEDURES POLICY The Constitution of the United States protects citizens against all unreasonable searches, seizures, and intrusions into their homes and property. This freedom must be zealously safeguarded by all members of the Indianapolis Metropolitan Police Department (IMPD). There are times, however, when an officer has reason to believe immediate entry to a non-public area is necessary to protect the health, safety, or well-being of a person, to serve a warrant, or to continue a pursuit. Any decision to forcibly enter a dwelling or other non-public place must be based upon the information available to the officer on the scene and at the time of the incident and must comply with all laws. DEFINITIONS Exigent Circumstances: Factual situations in which the officer forcing entry to a dwelling has probable cause to believe immediate entry is necessary to: A. Prevent injury to a person in the dwelling or address an ongoing medical emergency; B. Prevent destruction of material evidence involving a felony (e.g., flushing narcotics down a toilet); C. Prevent the escape of a felon; or D. Complete an arrest (e.g., fresh or hot pursuit), or in situations when the pursuit is immediate and entry is part of an uninterrupted process of pursuit. Officers require a minimum of the following to support a warrantless forced entry while in hot pursuit: 1. Probable cause to believe the person pursued has committed a felony; and 2. Some visible or audible command or signal that could reasonably be expected to be understood. Forced Entry: Entry into an area not publicly accessible against the will of an individual who has authority over the area. Forced entry can be made without physical damage or force (e.g., resident standing in the doorway stating “you cannot enter” and, in turn, you walk around this individual without permission or use of any physical force). Knock and Announce: A law enforcement officer’s actions of clearly knocking on a door of the dwelling named or listed on the warrant and announcing his/her authority and purpose loudly enough that the occupants can reasonably hear and understand. The officer must give inhabitants a reasonable opportunity to respond before forcing entry into a private dwelling. RICHARD A. HITE CHIEF OF POLICE Supersedes IMPD General Order 1.6, Effective Date: January 1, 2007 Effective: OCTOBER 7, 2015 Page 1 of 5 WARRANT AND FORCED ENTRY PROCEDURES 1.6 GENERAL ORDER PROCEDURE I. Warrants A. Only sworn police officers may execute a criminal warrant. B. No civilian, bondsman, rider, etc. will be allowed to assist in the search for, or physically assist in the arrest of, a wanted individual by IMPD personnel. NOTE Nothing in this section shall preclude a non-sworn officer or civilian, in cases of emergency, from aiding a police officer in need. C. Whenever a bondsman contacts Communications to request IMPD assistance with serving a warrant, Communications will dispatch an officer(s) to the scene. Upon arrival, the officer(s) will determine if the bondsman has an active warrant for the person named, and whether the address on the warrant matches the address the bondsman has identified. D. The bondsman will not assist the officer(s) in the apprehension of the wanted person. The bondsman will wait for the officer(s) at a nearby location, and will be advised by the officer(s) of the results of the warrant service. Any arrests, paperwork, and prisoner transportation generated by the warrant service will be the responsibility of the IMPD. E. Sworn officers may execute verified and valid criminal warrants outside of Marion County with a supervisor’s approval. 1. Officers will, if practical, notify the agency of primary jurisdiction when serving or attempting to serve legal processes outside of Marion County. 2. It is recommended that an officer serving a warrant outside of Marion County always have an officer of the proper jurisdiction present, if practical. II. Forced Entry Without a Warrant A. If forced entry is necessary, and time and circumstances permit, a supervisor must be requested. If possible, officers must wait for the arrival of the supervisor before attempting the forced entry. However, nothing in this general order prohibits officers from making forced entry without a supervisor present, if exigent circumstances exist. B. Warrantless forced entries to a location not publicly accessible are presumed invalid until proven valid by evidence of an exigent circumstance. Therefore, forced entry may only be made under the following limited circumstances: 1. When an officer has probable cause to believe a person has committed or attempted to commit, or is committing or attempting to commit a felony, and an exigent circumstance exists at the time of forced entry; or 2. When an officer has probable cause to believe a person in the residence is in immediate need of medical care. C. Absent the above circumstances, officers must secure the location and obtain warrants prior to making forced entry. Page 2 of 5 OCTOBER 7, 2015 RICHARD A. HITE – Chief of Police WARRANT AND FORCED ENTRY PROCEDURES GENERAL ORDER 1.6 D. After the exigency is mitigated, the scene must be secured for the supervisor to complete the investigation. NOTE A search warrant is not necessary if consent to enter an area not publicly accessible is granted by an authorized agent, unless another person with authority over the premises objects. Officers must, when conditions permit, have a valid Consent to Search Form signed by the authorized agent of the property to assist in establishing that the search was voluntary. III. Forced Entry With a Warrant A. When possible, officers should have a warrant in their possession prior to forcing entry. B. Before serving any arrest warrant not freshly obtained, officers must check with Communications to verify the warrant is still valid. C. Officers must have a valid arrest warrant containing the name and address of the suspect before attempting forced entry of the suspect’s residence. D. Officers must have a valid search warrant for any location not publicly accessible other than the wanted person’s place of residence before any forced entry. E. A search warrant must also be obtained prior to searching for any object not in a publicly accessible location. F. Officers must knock and announce their presence by statute unless stipulated otherwise in the search warrant. G. In serving any arrest or search warrant, officers may break open any outer or inner door or window in order to execute the warrant if they are not admitted after complying with the knock and announce policy. IV. Identification Procedure A. If officers locate an individual they have probable cause to believe is the person named in an arrest warrant, but the suspect gives another identity, the officer(s) may: 1. Detain the individual for a reasonable period of time to determine his/her identity. 2. Transport the individual directly to the Identification and Records Branch, in custody (i.e., handcuffed), to have a fingerprint comparison completed. While in Police Headquarters, detained individuals must be escorted at all times. 3. If the individual is not the person named in the arrest warrant and no other custodial arrest is applicable, officers must immediately transport the individual back to the location from which they were originally located, or a location that is deemed reasonable by the detaining officer or supervisor, to release the individual. The use of handcuffs is the option of the detaining officer on the return trip. 4. An appropriate incident report must be completed as detailed in Reporting Procedures below. RICHARD A. HITE – Chief of Police OCTOBER 7, 2015 Page 3 of 5 1.6 WARRANT AND FORCED ENTRY PROCEDURES GENERAL ORDER B. Officers may use a portable fingerprint reader to conduct an on-scene fingerprint comparison when the officer has reasonable, articulable suspicion that the person has committed a crime or has an outstanding warrant. V. Reporting Procedures A. IMPD is only responsible for the investigation and reporting of forced entry when: 1. Completed by members of the department; or 2. Death, possible death, criminal, or possible criminal circumstances are discovered upon forced entry by another agency. B. The primary officer must prepare an incident report detailing the circumstances of the forced entry, including: 1. Name, address, and telephone number of person assuming responsibility for the property; 2. How and where entry and/or damage was made; 3. Why entry was made; and 4. How the property was secured. C. If no damage or injury is incurred during the forced entry, only an incident report must be prepared as described above. Any additional investigation of the incident will be at the discretion of the supervisor on the scene. D. If injury to a person or damage to property results from the forced entry the primary officer must also complete a Blue Team entry detailing the above circumstances. The Blue Team entry must be completed within seventy-two (72) hours. 1. The supervisor on the scene shall review and forward the primary officer’s Blue Team entry through the chain-of-command. 2. IMPD is not always liable for damage caused by forced entry incidents; therefore, no officer should advise any citizen that IMPD will repair or reimburse for damage done as a result of forced entry. 3. IMPD does not arrange for or make repairs. E. Officers must make every reasonable effort to locate someone (e.g., owner, neighbor, friend, relative, etc.) to take responsibility for the property and list this individual in the incident report. If no one to take control of the property can be located, officers must secure the structure to the best of their ability. F. Forced entry must be made with a minimum amount of damage. Officers must consider all means of safely gaining entry, depending upon time available, etc. G. Photographs must be taken of the point of entry, other areas of the dwelling entered while inside, and any subsequent damages. Page 4 of 5 OCTOBER 7, 2015 RICHARD A. HITE – Chief of Police WARRANT AND FORCED ENTRY PROCEDURES GENERAL ORDER 1.6 H. If a person is transported to the Identification and Records Branch to compare fingerprints and it is determined the person is not wanted, officers shall prepare an incident report. The report shall use the offense code “All other non-criminal incidents,” list the person under Other Incident Name section, and select the appropriate role (e.g., driver, passenger, other contact person). The report shall include the following: 1. Brief explanation of the officer’s probable cause as to why this person was believed to be the individual named on the arrest warrant; 2. The Identification and Records employee comparing the prints; 3. The amount of time the individual was detained; and 4. The location the individual was released. RICHARD A. HITE – Chief of Police OCTOBER 7, 2015 Page 5 of 5 Indianapolis Metropolitan Police Department GENERAL ORDER 1.7 CRITICAL INCIDENT RESPONSE TEAM (CIRT) POLICY The purpose of the Critical Incident Response Team (CIRT) is to ensure the prompt, professional, thorough, and consistent investigation of all critical incidents. This team is responsible for investigating the following critical incidents: Deadly force and/or attempt deadly force when used by or against an employee/member of IMPD; Deadly force and/or attempt deadly force when used by a suspect against any public safety employee (i.e., police officer, firefighter, civilian IMPD employee, etc.) who is engaged in performing their official duties; Serious bodily injury or death occurring to a person in the custody of IMPD; or Any other incident assigned by the chief of police, assistant chief of police, deputy chief, or designee (i.e., any police action resulting in serious bodily injury). DEFINITIONS Deadly Force (IC 35-41-1-7) – Force that creates a substantial risk of serious bodily injury. Serious Bodily Injury (IC 35-41-1) – Bodily injury that creates a substantial risk of death or that causes: (1) serious permanent disfigurement; (2) unconsciousness; (3) extreme pain; (4) permanent or protracted loss of impairment of the function of a bodily member or organ; or (5) loss of a fetus. Public Safety Statement – Statement made by an officer substantially involved in an officer-involved shooting (OIS) to a supervisor, immediately following an OIS incident, for public safety purposes. Refer to IMPD General Order 1.31 – Officer Involved Shootings for additional information. PROCEDURE I. CIRT Sections and Responsibility A. Investigative Section This section will be directed by the commander of the Homicide and Robbery Branch, who will appoint one team leader, one lead investigator, and necessary support criminal investigators. 1. This section will have the responsibility for the entire investigation of a critical incident. 2. During an investigation, additional personnel from IMPD or other agencies, such as the coroner's office, prosecutor's office, city legal, etc., may be requested to assist. WILLIAM D. LORAH CHIEF OF POLICE Supersedes IMPD General Order 1.7 Effective 01-01-2007 Effective: SEPTEMBER 18, 2012 Page 1 of 4 CRITICAL INCIDENT RESPONSE TEAM 1.7 GENERAL ORDER B. Review Section 1. This section should be directed by the chief of police, assistant chief of police, or designee. 2. This section should consist of the assistant chief of police, deputy chief of the Criminal Investigations Division, the commander of the involved district, the CIRT team leader, the public information officer, and the IMPD legal advisor. 3. This section will conduct an administrative review and coordinate the department's public and community relations efforts in each incident. 4. Additional personnel from IMPD or other agencies may be requested to assist as needed. II. On-Scene Responsibility Officers and supervisors are directed to refer to General Order 6.31 – SWAT Operational Policy, General Order 6.32 – Barricaded Situations and General Order 6.33 – Hostage Situations, for specific on-scene responsibilities under those conditions. A. When an officer arrives on scene and concludes CIRT may be required in situations other than those as described in SWAT General Orders 6.31, 6.32 and 6.33, the officer will: 1. Take measures to make the scene safe and provide medical assistance for the injured; 2. Isolate the scene, establish an inner and outer perimeter with a single control point and preserve evidence; 3. Establish Incident Command (see General Order 1.9); 4. Request a supervisor; 5. Detain and separate any persons with knowledge of the incident; and 6. Request any additional personnel needed to accomplish necessary tasks. B. The first supervisor to arrive on the scene will assess the situation and confirm that CIRT is required. In situations other than those as described in General Orders 6.31, 6.32 and 6.33 the supervisor will: 1. Assume incident command and obtain a public safety statement from the involved officer(s) for public safety purposes, to include necessary information to secure the scene and pursue a suspect(s); a. Information obtained from the public safety statement will be in accordance with department policy. (Refer to IMPD General Order 1.31 – Officer-Involved Shootings, for additional information.) b. Provide Communications with updated suspect and other associated information (including command post and staging locations). 2. Reevaluate the control points of the inner and outer perimeter and reconfigure as required for scene security and to contain and limit any suspect(s) movement and opportunity to escape as required; Page 2 of 4 SEPTEMBER 18, 2012 WILLIAM D. LORAH – Chief of Police CRITICAL INCIDENT RESPONSE TEAM GENERAL ORDER 1.7 3. Request CIRT (by telephone or MDT/MDC, if possible); 4. Immediately designate a critical incident recorder to staff the inner perimeter control point. In addition to limiting access to authorized personnel, the critical incident recorder must begin a written log of all persons entering and leaving the inner perimeter and their purpose (e.g., EMTs, firefighters, etc.) A copy of the completed log shall be given to the CIRT team leader at the conclusion of the incident once the critical incident recorder has been released from his/her responsibility by the CIRT team leader; 5. Request additional personnel as needed and assign specific duties; 6. Allow no unauthorized personnel to enter the crime scene; NOTE The term “unauthorized personnel” is defined as anyone, regardless of rank or position, who is not involved with processing the crime scene. 7. Supervise the location and separation of any witnesses, both police and civilian; 8. Ensure civilian and police witnesses talk only with homicide or CIRT personnel about the incident; and 9. Brief Homicide investigators as to the status of the investigation. C. The Communications supervisor will: 1. Immediately designate an "Incident Tactical Channel" and ensure all involved persons are advised of the correct channel; 2. Dispatch all necessary personnel and provide assistance as directed by on-scene officers, onduty field supervisors, as well as other personnel. This may include, but is not limited to: a. EMS/Fire department; b. Backup/Assisting units; c. Critical Incident Response Team/Homicide section commander or designee; d. Professional Standards Division/Internal Affairs commander or designee; e. Chief of Police and executive staff; f. Specialty units as directed by the supervisor, including, but not limited to, Police Officer Support Team (POST), public information officer (PIO), police chaplain, legal advisor, FOP on-call attorney; g. Crime Lab technician with video. .NOTE Any request for information on the incident, other than from the above listed personnel, will be directed to the command area at the incident scene. WILLIAM D. LORAH – Chief of Police SEPTEMBER 18, 2012 Page 3 of 4 CRITICAL INCIDENT RESPONSE TEAM 1.7 GENERAL ORDER D. On-Scene Investigation Responsibilities 1. The first Homicide investigator to arrive will: a. Ensure that an outer and inner perimeter has been established; b. Check the status of all witnesses and victims and take appropriate action; and c. Upon arrival of the assigned CIRT team leader and members, provide a briefing. 2. The CIRT team leader will: a. Supervise and direct the investigation, and assign specific tasks to all persons involved; b. Establish and maintain contact with the CIRT/Homicide section commander or designee; the public information officer, and the outer perimeter supervisor; c. Request additional personnel and equipment as needed; d. Establish the basic facts of the case; and e. When possible, provide the public information officer with a brief statement of facts for release to the media. E. Related Investigation Responsibilities The Homicide section commander or designee shall retain the primary criminal investigative role in all CIRT activations as explained herein. In addition to this responsibility, he/she will coordinate the CIRT investigative responsibilities with other agencies, departments and investigative personnel assigned to the incident. This may include, but is not limited to, the prosecutor’s office, coroner’s office, city legal, Special Investigations unit and Internal Affairs section. Page 4 of 4 SEPTEMBER 18, 2012 WILLIAM D. LORAH – Chief of Police Indianapolis Metropolitan Police Department GENERAL ORDER AUTHORIZED WEAPONS, STORAGE, AND CARE 1.8 POLICY Officers are authorized to carry only those firearms and ammunition types specifically designated by the Firearms Training Section and approved by the Chief of Police or designee. This includes on-duty, off-duty and backup firearms for use in an official law enforcement capacity. Proficiency in the use of firearms is a basic job requirement and all officers of the Indianapolis Metropolitan Police Department (IMPD) must meet minimum standards of qualification and proficiency as established by the Firearms Training Section and approved by the Chief of Police or designee. Only those officers who meet the minimum standards of qualification and proficiency in the use of firearms will be approved to carry such firearms. Every officer on the IMPD must successfully complete Nexus firearms training and receive training in the “Use of Force” as established by department directives. Use of any non-approved firearm, accessory, or ammunition is prohibited for use in an official law enforcement capacity. Nothing in this general order precludes an officer from having other firearms or types of ammunition when the officer is in an off-duty capacity and involved in the legal and/or recreational use of such firearms. Officers may also carry a handgun under the authority of a State of Indiana-issued handgun license. Administrative limits on approved/authorized handguns do not apply under this authority, but officers should carefully consider the personal liability that may attach by the carry or use of an unauthorized firearm. DEFINITIONS Authorized Firearm – Any department-owned, issued, or personally-owned handgun, shotgun, or patrol rifle that has been approved by the Firearms Training Section and authorized by the Training Commander, or designee. Each individual firearm is only considered authorized for carry after the officer has met qualification standards and demonstrated proficiency with that firearm, as outlined in this general order. LESO – Law Enforcement Support Office Officer – All sworn members of IMPD. This includes full-time merit officers, park rangers, reserve officers, SWAT medics, IFD Arson investigators, and any other full-time officers who have been issued special police powers. Secured Firearm – Any weapon that is locked in a department-approved lock box, locked rack, locked vehicle trunk, locked interior compartment of a vehicle (e.g., locked console/glove box, etc.), or locked metal container that is secured to the vehicle itself by an approved method. PROCEDURE I. Officer Responsibility for Firearms, Control Devices, Electronic Control Devices, and Body Armor A. All officers are responsible for the safe and secure retention of all firearms, control devices (CDs), electronic control devices (ECDs), and body armor issued to them by the department, as well as any personally-owned authorized, off-duty or backup firearms, CDs, ECDs, and body armor being carried in an official capacity and/or department vehicle. This requirement applies to all officers, whether on-duty or off-duty. TROY RIGGS CHIEF OF POLICE Supersedes IMPD General Order 1.8, Effective Date April 21, 2015 Effective: AUGUST 10, 2016 Page 1 of 9 AUTHORIZED WEAPONS, STORAGE, AND CARE 1.8 GENERAL ORDER B. Officers are responsible for routine cleaning and basic maintenance of all firearms, CDs, ECDs, and body armor used in an official capacity whether on or off-duty regardless if the item is department-issued or personally-owned. NOTE The Firearms Training Section may assist officers with the servicing of personallyowned firearms; however, the section is only responsible for providing reasonable service and/or repairs for personally-owned firearms used in the performance of law enforcement duties. C. All firearms, CDs, ECDs, and body armor must be stored safely and securely away from all other persons when not in use. Officers are responsible and personally liable for the safe storage and retention regardless of whether at home or away, in a vehicle, or within any public safety office or facility. D. Any firearm, CD, ECD, or body armor left in an unattended vehicle must be locked in a departmentapproved rack, lock-box, trunk, glove box or other locked container. Personally purchased security devices must be approved by the Administrative Deputy Chief or designee. E. Officers must remove all firearms, CDs, ECDs and body armor from the passenger compartment of the vehicle in the officer’s assigned police vehicle if the officer is to leave a person non-restrained and/or alone in the vehicle. F. Officers are prohibited from leaving a handcuffed prisoner alone and unattended in a police vehicle. (Refer to IMPD General Order 8.1 - Prisoner Handling, Transportation, and Escape for additional information.) G. Whenever a department-owned firearm, CD, ECD, or body armor is lost or stolen, all procedures outlined in General Order 9.12 – Department Property-Issuance, Control and Loss must be followed. After completion of the required paperwork, the reporting supervisor shall immediately send e-mail notification to the Firearms Training Section supervisor prior to marking 10-42. The following information must be included in the e-mail message: Weapon type, brand, caliber, model, serial number, and any other distinguishing characteristics. Note: This applies to department-owned articles only. The Firearms Training Section supervisor will be responsible for ensuring the item is entered into NCIC/IDACS, as necessary. H. Any officer, detective, or supervisor who violates this policy shall be subject to discipline and may be held accountable for the financial loss of the firearm, CD, ECD, or body armor should it become lost, damaged, or stolen. I. The alteration of any department-issued or personally-owned weapon used in an official law enforcement capacity is prohibited. The Firearms Training Section or the weapon manufacturer’s personnel are the only authorized parties for repairs/alterations. This includes, but is not limited to, the following: 1. 2. 3. 4. 5. 6. Refinishing; Stamping or engraving; Modifying any parts or mechanisms; Making repairs; Making any adjustments; and/or Adding/removing accessories. J. A firearm needing repairs or adjustments must be taken to the Firearms Training Section. The weapon must be unloaded and rendered safe prior to being taken into the building. The Firearms Training Section will maintain an armory for the safe and secure storage of all police firearms, including temporarily-issued (loaner) department firearms. Page 2 of 9 AUGUST 10, 2016 TROY RIGGS – Chief of Police AUTHORIZED WEAPONS, STORAGE, AND CARE GENERAL ORDER 1.8 K. Officers needing immediate repairs after normal business hours must report to the Property Section to obtain a loaner firearm. 1. Property Section personnel will issue a loaner firearm. The Firearms Training Section will be notified the next business day by Property Section personnel so arrangements can be made for pickup and servicing of the firearm. 2. Officers issued a loaner firearm must report to the Firearms Training Section the next regular business day to exchange the loaner firearm for a replacement duty firearm and complete a duty qualification course with the newly-issued firearm. The loaner firearm will be returned to the secured firearms storage area within the Property Section by Firearms Training Section personnel. 3. Upon completion of service to the firearm, the Firearms Training Section will return the weapon to the officer and take charge of the loaner firearm. 4. Loaner firearms must be stored in a properly secured area within the Property Section at all times. This includes anytime the firearm is maintained in storage, awaiting pickup for service by the Firearms Training Section, or returned by an officer after normal business hours. L. The use of any department-owned firearm for sport/recreational use, or by anyone other than the assigned officer unless approved by the Firearms Training Section supervisor, is prohibited. II. Storage of Department Weapons A. It is imperative that all department-issued weapons be properly maintained and stored in a secure location at all times. These weapons include, but are not limited to, the following department-owned weapons: Handguns; Shotguns; Patrol Rifles; and ECDs. Officers are strongly encouraged to utilize a safe, lockbox, trigger-lock, or other form of security device in securing department-issued and personally-owned firearms in their residences and/or private vehicles. Proper storage is proven to reduce the number of firearms related accidents in the home and the number of firearm thefts. The Firearms Training Section is available to assist officers in selecting good quality security devices. B. Any officer, detective, or supervisor taking control of any department weapon that will not be held for evidence (e.g., officer injured in car crash) shall place it in the Property Section for safe-keeping. The Claimant and Status shall be determined by the submitting person. This is only necessary if the weapon cannot be immediately returned to the officer. For additional guidance see General Order 3.32 – Issued Property Control: Members on Leave. C. If the department weapon is taken into custody and seized as evidence, it shall be transported to the Property Section by the investigating officer and submitted as evidence. The investigating officer will be listed as the responsible officer on the Property Form. D. At no time shall a department weapon be stored at roll call, an administrative or investigative office, or other location not specifically authorized by department directives. E. Whenever an officer is on extended leave (military, illness, pregnancy, etc) or is on vacation, the issued LESO patrol rifle must be returned to the Armory for secure storage. This is a mandatory policy of the LESO program and must be followed. TROY RIGGS – Chief of Police AUGUST 10, 2016 Page 3 of 9 1.8 AUTHORIZED WEAPONS, STORAGE, AND CARE GENERAL ORDER FIREARMS III. Authorized Firearms and Ammunition A. The Firearms Training Section, with approval from the Chief of Police or designee, will establish the types and specifications for all firearms and ammunition to be carried and used in an official capacity, regardless of whether the officer is on or off-duty. B. The Authorized Firearms, Ammunition and Equipment Addendum serves as a supplement to this general order and contains information regarding approved firearms, ammunition, and accessories officers are allowed to carry and use. Any firearm not specifically approved as described in this addendum is prohibited from carry or use by officers in an official law enforcement capacity. C. Officers are required to have department-approved or department-issued ammunition in any authorized firearm the officer intends to carry, whether on-duty or off-duty. This applies to department-issued and authorized personally-owned firearms. Officers will be provided duty ammunition for issued duty handguns, issued/authorized shotguns, and rifles as authorized by the Firearms Training Section supervisor. Training ammunition will be provided for issued duty handguns, issued/authorized shotguns, and rifles during sanctioned department training and as authorized by the Firearms Training Section supervisor. All issued duty handguns, issued/authorized shotguns and rifles used for official use must be carried loaded with issued duty ammunition only. Officers must supply training ammunition for authorized personally-owned off-duty or back-up handguns that require a caliber other than the issued duty ammunition. Duty ammunition for off-duty weapons will be provided by the agency as available. Ammunition guidelines are described in the addendum to this general order. 1. During regular business hours officers must report to the Firearms Training Section, 5820 North High School Road, to obtain replacement duty ammunition for the issued handgun and issued/authorized shotgun and patrol rifle. Officers will be supplied with reasonable amounts of duty ammunition as specified by the Firearms Training Section. 2. During non-business hours officers must report to the Property Section in Headquarters for replacement duty ammunition. Replacement ammunition will only be issued in the same quantity as used by the officer during an official police action (e.g., destruction of an animal). IV. On-Duty Firearms A. The department-issued handgun is the only firearm authorized for carry in a duty holster while the officer is wearing the department uniform. The handgun and all issued magazines must be fully loaded with department-issued duty ammunition and properly holstered, regardless of the officer’s assignment. B. Officers working in a detective or undercover capacity have the option of carrying a non-issued handgun, as long as the firearm meets the criteria listed in the current Authorized Firearms, Ammunition and Equipment Addendum for the department, which is provided as a supplement to this general order. C. With the exception of emergency conditions, exigent circumstances, or when officers are working undercover in specific-duty situations, the officer will ensure the handgun is secured in a safe holster at all times. A safe holster is described as a holster that prevents the handgun from easily falling out if the holster is inverted and covers the trigger. D. One department-issued or personally-owned shotgun may be carried at the officer’s discretion, as long as the shotgun is in the current list of authorized firearms for the department. Page 4 of 9 AUGUST 10, 2016 TROY RIGGS – Chief of Police AUTHORIZED WEAPONS, STORAGE, AND CARE GENERAL ORDER 1.8 E. One department-issued or personally-owned patrol rifle may be carried at the officer’s discretion, as long as the patrol rifle is on the current list of authorized firearms for the department and the officer has successfully completed the approved training course. NOTE The only exceptions to these rules must be established by current department directive or be specifically authorized in writing by the Chief of Police or designee. V. Off-Duty and Backup Firearms and Ammunition A. Officers have the option of carrying an authorized, personally-owned handgun as a backup weapon or while in an off-duty capacity. 1. The personally-owned firearm, ammunition and any accessories will only be considered authorized if it meets the criteria listed in the current Authorized Firearms, Ammunition and Equipment Addendum, which is provided as a supplement to this general order. Any backup weapon must be carried concealed from public view. 2. Officers wishing to carry a personally-owned firearm as a backup or off-duty handgun must first submit an inter-department memorandum to the Firearms Training Section supervisor requesting permission to do so. The inter-department memorandum must include the following information: a. b. c. d. e. f. Manufacturer; Model; Caliber or gauge; Barrel length; Serial number; and ATF registration number (if required). 3. Approved requests will be forwarded to the Human Resources office for inclusion in the officer's personnel file. Disapproved requests will be returned to the officer along with a copy to the officer’s commander. 4. Firearms shall be inspected by the Firearms Training Section prior to the officer being permitted to carry the firearm. If the Firearms Training Section finds a firearm to be unsafe or in an unacceptable condition, the officer will be denied permission to continue carrying that firearm until it is repaired to acceptable standards. 5. The content and standards of training and ammunition for personally-owned firearms will be recommended by the Firearms Training Section and approved by the Chief of Police or designee. All ammunition must be of good quality and manufactured by a company listed on the current Authorized Firearms, Ammunition and Equipment Addendum. B. An officer carrying a personally-owned firearm for law enforcement duties is responsible for the condition of the firearm. The department assumes no liability for the safety, security, or maintenance beyond standard inspections and/or minor repairs and adjustments of personally-owned firearms. Personallyowned firearms in need of service must be brought to the Armory for inspection. If the repair cannot be completed at the Armory, the Firearms Training Section staff will direct the officer to an appropriate authorized manufacturer’s service facility. NOTE Regardless of manufacturer, model, or caliber, if a weapon does not function reliably, or if an officer cannot demonstrate proper safe handling