Indianapolis Metropolitan Police Department General Order 1.4 PDF

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...

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 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