Boca Raton Police Services Department Detainee Transportation PDF

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 71.100 DETAINEE TRANSPORTATION Revised: September 27, 2021 I. PURPOSE: The purpose of this departmental standards directive is to establish guidelines for safely and securely transporting detainees by law enforcement officers...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 71.100 DETAINEE TRANSPORTATION Revised: September 27, 2021 I. PURPOSE: The purpose of this departmental standards directive is to establish guidelines for safely and securely transporting detainees by law enforcement officers (LEOs) of the Boca Raton Police Services Department. II. POLICY: It is the policy of the Department, when arresting, transporting, or detaining suspects to use methods that ensure the safety of the public, the detainee, and the LEO, and to prevent escape and the destruction of evidence. It is necessary for LEOs to know when and how to restrain detainees and when, where, and how particular restraining devices are employed, including special and prohibited methods. III. PROCEDURE: A. VEHICLE INSPECTIONS: 21.03 1. At the beginning of each shift and before its use, each LEO shall make a complete and thorough inspection of his/her assigned vehicle. 2. Transporting LEOs shall complete a thorough inspection of his/her assigned vehicle or the detainee transport van each time a detainee is to be transported in the vehicle, before placing a detainee inside the vehicle and again immediately following the transport. 3. If during an inspection, an LEO finds any property that may have been left by an operator, passenger, or detainee previously inside the vehicle, e.g., unauthorized weapons, items of contraband, or any other items that might facilitate a detainee's escape, the LEO shall: a. Deliver any personal property found in the vehicle to the appropriate watch commander. b. Notify his/her supervisor, write a report, and place any found contraband into evidence for disposition. Effective: May 1, 1982 Revised: September 27, 2021 Detainee Transportation Directive No. 71.100 Page 1 of 9 B. SEARCHES OF PASSENGERS AND DETAINEES: 1. SEARCHING DETAINEES: 21.02 a. During the arrest, transportation, and detention of suspects, LEOs shall take precautions to prevent an escape, injury to themselves or others, damage to property, and the destruction of evidence. i. The LEO shall assume that the detainee may have had an opportunity to obtain contraband or a weapon before the time of arrest. ii. The LEO must NEVER assume that another LEO has searched the detainee. iii. Whenever a LEO makes an arrest or transports a detainee, the LEO shall search the detainee thoroughly and carefully, and shall take possession immediately of all weapons, contraband, and items of evidence discovered during the search. iv. When arresting any person who appears to be inebriated, intoxicated, or not in control of his/her physical functions, LEOs will examine the person to ascertain whether he/she is wearing a medical alert bracelet or necklace or has upon his/her person some other visible identifying device which would specifically delineate a medical disability that would account for the actions of him/her. If an LEO does, in fact discover such identifying device upon an arrestee, the LEO shall take immediate steps to provide aid to the afflicted person and ensure that medical treatment is promptly provided for his /her disability 2. SEARCHING DETAINESS OF THE OPPOSITE SEX: a. LEOs shall call for a backup to search detainees of the opposite sex who are under arrest, being held in custody, or under the care of the Department. b. LEOs shall not search detainees of the opposite sex unless an immediate search is necessary under the following conditions: i. When there is good reason to believe that the detainee possesses a weapon, poison, drug, or other means of causing death or injury to the arresting LEO, to him/herself, or to another. ii. When there is good reason to believe that stolen property or evidence is hidden about the detainee, and there is imminent danger that it may be thrown away or destroyed. 3. TRANSPORTING PASSENGERS/NOTIFICATION: a. LEOs, when transporting detainees or non-departmental civilian passengers, excluding ride-a-longs, shall advise of their starting location/mileage Effective: May 1, 1982 Revised: September 27, 2021 Detainee Transportation Directive No. 71.100 Page 2 of 9 and ending location/mileage, regardless of the age or sex of the person whom they are transporting. C. SPECIAL TRANSPORT SITUATIONS: 1. DETAINEES OF OPPOSITE SEX: 21.01 a. The transporting LEO shall use a vehicle equipped with a safety barrier when transporting a person of the opposite sex. b. If a vehicle with a protective divider is not available, two LEOs are required to transport a person of the opposite sex. 2. DISABLED DETAINEES: 21.01 a. The safety of the detainee and transporting LEO requires due care when transporting disabled persons. b. The arresting LEO shall advise his/her supervisor of the detainee's disability. i. The LEO shall transport an arrested disabled person only when advised to do so by his/her supervisor. ii. The supervisor shall respond to the scene and determine if the use of a transport service is required. The supervisor shall request the transport service via the Communications Center. iii. If the supervisor determines that the use of a transport service is required, the arresting LEO, after securing his/her vehicle, shall ride in the rear with the detainee to the destination. iv. If a transport service is not required, the transporting LEO shall handcuff disabled persons suspected of or charged with felony violations for transport except when the detainee, due to advanced age or obvious infirmity, is not capable of resistance or escape. The transporting LEO will notify his/her supervisor if handcuffs are not applied. 3. SICK, INJURED OR UNCONSCIOUS DETAINEES: 21.01 a. If a detainee becomes ill or is injured prior to transport, the arresting LEO will request Fire Rescue Services to the scene. b. If a detainee becomes sick, unconscious, or injured during the transport, the arresting LEO shall perform the following: i. Request Fire Rescue Services to the scene or the facility whichever is faster. Effective: May 1, 1982 Revised: September 27, 2021 Detainee Transportation Directive No. 71.100 Page 3 of 9 ii. Should the detainee's illness require transport to a hospital and an ambulance, the LEO shall ride in the ambulance to the destination. 4. SPECIAL SITUATIONS: a. LEOs may transport detainees directly to the detention facility from the scene of an arrest. b. LEOs, under any circumstances, shall not transport a detainee to any place other than the assigned destination except to a medical facility with supervisor approval. D. TRANSPORTING DETAINEES IN VEHICLES: 1. MARKED PATROL VEHICLES: a. Marked patrol vehicles are equipped to transport a maximum of two detainees. 21.01 i. Male detainees may not be transported with female detainees in the same patrol vehicle unless arrested during the same incident. ii. Juveniles shall never be transported with adults. b. Marked patrol vehicles shall be equipped with a safety barrier and have the power windows disabled and door handles disabled or removed from the rear compartment. c. Detainees shall only occupy the rear passenger compartment of the vehicles. d. The in-car camera system must be used to record the detainee at all times while in the patrol vehicle. 2. UNMARKED VEHICLES: a. Under no circumstances shall an LEO transport a detainee in a vehicle without a safety barrier installed without the knowledge and approval of a supervisor, and then only in compliance with established policy and procedures. b. Once permission is granted, the following rules shall apply: i. Two LEOs shall be assigned to conduct the transport. ii. The LEO not driving the transport vehicle shall occupy the left rear passenger seat and shall be unarmed or, if armed, wear his/her firearm on the left side of his body. Effective: May 1, 1982 Revised: September 27, 2021 Detainee Transportation Directive No. 71.100 Page 4 of 9 iii. The LEOs shall transport the detainee only in the right rear passenger seat of the transporting vehicle. iv. No more than one detainee at any one time, escorted by two LEOs, shall be transported in a vehicle that is not equipped with a security screen. 3. DETAINEE TRANSPORT VAN: a. In special circumstances, including multiple arrests, a supervisor can authorize any LEO to use the detainee transport van, which can transport up to nine detainees. b. Males can be transported with females in separate compartments within the detainee transport van. 21.01 c. The transport van is stored in a marked space in the south parking lot and is plugged in to an electrical outlet. Prior to starting the van, LEOs must unplug the electrical cord. (See Appendix A.) d. In the sallyport, LEOs must press record on the in-car camera system and record the entire trip to County Jail. There are cameras in all three detainee compartments. e. After the detainees are delivered to County Jail, LEOs shall stop the recording. Upon returning to the police station, the transporting LEOs must download the video from the van. f. The van must be refueled and parked in the south parking lot near an electrical outlet. LEOs must reconnect the van to the electrical outlet. g. A Florida Class E license is required to operate the detainee transport van so all LEOs are authorized to operate it. h. The van is a high-profile vehicle and authorized LEOs should be aware of necessary added clearance requirements and to the risks associated with high winds. i. The detainee transport van shall be maintained in the same manner as the patrol vehicles by the Municipal Services Complex. j. The supervisor assigned to inspect the detainee transport van shall ensure that the vehicle contains all required equipment including a first aid kit, flares, and a fire extinguisher in working order. E. SEAT BELTS: 21.04 1. All detainees shall be required to wear a seat belt while occupying a transporting vehicle. Effective: May 1, 1982 Revised: September 27, 2021 Detainee Transportation Directive No. 71.100 Page 5 of 9 2. Violent or extremely uncooperative detainees shall be controlled with a restraint device such as a WRAP or hobble, then secured with a seat belt once inside the transport vehicle. 21.01 3. In all cases, the detainee shall be made as comfortable as possible, given the length of the trip and within the limits of safe transporting procedures. F. HANDCUFFS: 21.04 1. All detainees shall be handcuffed prior to transporting. 2. Whenever possible, the LEOs shall handcuff the detainee with the detainee’s hands behind his/her back. 3. If the detainee needs to be handcuffed with his/her hands in front of his/her body, the LEO shall secure the handcuffs at the detainee's waist with a waist chain or other approved device. G. DETAINEE SURVEILLANCE: 1. To reduce the opportunity for escape or attack on an LEO, the arresting, transporting, or detaining LEO shall keep detainees under constant observation. 2. The LEO shall afford detainees reasonable opportunity to use toilet facilities during the booking procedure and interview process. a. The only toilet facilities that detainees shall be permitted to use are in the secure detention area. H. RESPONSE TO OTHER LAW ENFORCEMENT REQUESTS: 21.05 1. The primary duties of a transporting LEO are the prevention of injury to and the safe delivery of the detainee, therefore, transporting LEOs shall NOT respond to any requests for regular law enforcement services while transporting a detainee. 2. The only exception will occur when, in the opinion of the transporting LEOs, the need to render immediate assistance to a third party is evident in the presence of clear and grave danger, while the risk to the detainee of such action is minimal. I. DETAINEE ESCAPE: 21.06 1. In order to minimize the opportunity for an escape, the transporting LEOs shall not allow the detainee to communicate with any third party under any circumstances. 2. In case of an escape by a detainee while in or outside the jurisdictional limits of the City, the LEO(s) from whose custody the detainee escaped shall perform the following: a. Effective: May 1, 1982 Revised: September 27, 2021 Issue a BOLO for the escapee. Detainee Transportation Directive No. 71.100 Page 6 of 9 b. Act as authorized by law and summon assistance as may be required to regain custody of the escapee and any person(s) aiding or abetting the escapee. c. Without unnecessary delay, notify the Communications Center of the escape. d. Preserve or cause to be preserved any physical evidence that may exist at the scene of the escape. e. Communications Center employees shall immediately notify the law enforcement agency of the jurisdiction where the escape occurred, as well as the appropriate watch commander. f. Public safety dispatchers shall forward a BOLO, via Teletype, to all law enforcement agencies within the jurisdictions affected by the escape. g. The watch commander shall provide for the immediate dispatch of an onduty supervisor to the scene of the escape and shall notify the chief of police, or his/her designee, through the chain of command. h. The transporting LEO shall prepare a full and complete written report of the circumstances surrounding the escape that includes the following and submit the report to the appropriate district commander through the chain of command before the end of his/her tour of duty: i. The LEO's exact location ii. All descriptive information necessary for the issuance of a BOLO for the escapee(s). J. IDENTIFICATION OF DETAINEES AND DOCUMENTATION FOR TRANSPORT: 1. Before transporting detainees to another facility, the transporting LEO should positively identify all detainees. 2. If there is any doubt as to the identity of a detainee, the transporting LEO shall use photographs, fingerprint comparisons, and/or identification by the arresting LEO before transport. 3. The Rough Arrest Form will alert the transporting LEO to any potential security problems that the detainee may present during transport. 21.08 a. The information should include escape or suicidal tendencies as well as unusual illnesses. b. The arresting LEO shall notify the receiving facility via telephone of any potential risks regarding the detainee plus any medical concerns. Effective: May 1, 1982 Revised: September 27, 2021 Detainee Transportation Directive No. 71.100 Page 7 of 9 K. ARRIVAL AT A RECEIVING FACILITY: 1. LEOs shall leave the detainee in the vehicle and secure all weapons, in his/her custody, in a firearm locker or in the locked trunk of his/her vehicle before entering the receiving facility. 21.08 2. The transporting LEO shall deliver the following to the receiving employee at the County Jail: 21.08 a. The Court, State Attorney, and Jail copies of the Rough Arrest Form. b. The Court and State Attorney notarized copies of the Probable Cause Affidavit, if applicable, in support of the arrest. c. The detainee’s personal property, accompanied by a property receipt containing a true, correct, and complete list of the detainee's property. d. Any remaining personal property of a detainee shall be placed into evidence. e. The property receipt shall be signed at the county jail facility by the detainee or receiving officer and returned by the transporting officer for inclusion in the Department’s case file, including the top two copies of the criminal citation(s) in traffic arrest cases, when applicable. 3. The transporting LEO shall remove restraints after all paperwork has been completed and the receiving officer is ready to place the detainee in the cell. 21.08 4. When transporting a juvenile to the Juvenile Assessment Center (JAC), the transporting LEO shall deliver the following to the receiving officer: 21.08 a. The original and one photocopy of the Juvenile Referral Form. b. The notarized original and one photocopy of the Probable Cause Affidavit. c. All the juvenile’s personal property in the transporting LEO's possession, accompanied by a property receipt containing a true, correct, and complete list of all of the juvenile's property. 5. The juvenile or receiving officer shall sign the property receipt at the JAC. 21.08 6. The transporting LEO shall return the yellow copy of the receipt for inclusion in the Department’s case file. 21.08 7. If Palm Beach County Sheriff’s Office (PBSO) performs the transport, the LEO shall not give him/her the yellow copy but will write the deputy's name in the parent/custodian space on the yellow copy and submit it with the report. Effective: May 1, 1982 Revised: September 27, 2021 Detainee Transportation Directive No. 71.100 Page 8 of 9 8. Whenever an LEO transports a detainee to a medical care facility for examination or treatment, the detainee shall remain handcuffed at all times, unless the removal of handcuffs is necessary for medical examination or treatment. 9. If the removal of handcuffs becomes necessary for medical purposes, the transporting LEO shall notify his supervisor, who will determine if the escape risk is such that additional LEOs will be required at the scene. 10. An LEO in charge of a detainee being examined or receiving treatment at a medical facility shall, whenever possible, keep the detainee in his/her sight at all times. Approved: Michele Miuccio Chief of Police Effective: May 1, 1982 Revised: September 27, 2021 Date: Detainee Transportation Directive No. 71.100 Page 9 of 9