Jurisdictional responsibilites, mutual aid, and liasons.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 02.100 JURISDICTIONAL RESPONSIBILITIES, MUTUAL AID, LIAISONS Revised: May 20, 2013 I. PURPOSE: The purpose of this directive is to establish guidelines regarding concurrent jurisdiction and maintaining a liaison between the Bo...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 02.100 JURISDICTIONAL RESPONSIBILITIES, MUTUAL AID, LIAISONS Revised: May 20, 2013 I. PURPOSE: The purpose of this directive is to establish guidelines regarding concurrent jurisdiction and maintaining a liaison between the Boca Raton Police Services Department and other law enforcement agencies. The circumstances under which the Department may request county, state, or federal law enforcement aid are included herein. This directive establishes authority and responsibility for maintaining and updating boundary, jurisdictional, zone, and reporting area maps and computerized geographical files of this municipality relative to the Department. II. POLICY: The Department will work with Florida law enforcement agencies that have concurrent jurisdictions established by law and boundaries that often require multiple agency involvement. The Department recognizes that some law enforcement situations, investigations, and emergencies may require the need for assistance from county, state and/or federal agencies and encourages command staff or their designees, under certain conditions, to seek aid to enhance the Department’s law enforcement effort. III. DEFINITIONS: Emergency: An unusual occurrence whether accidental, natural or caused by man that results or may result in the substantial injury or harm to the citizenry and/or substantial damage or loss of property, e.g., hurricanes, floods, explosions, major fires, tornadoes, aircraft or train crashes, sabotage, civil disturbances, riots, disorders and violence arising from dissident gatherings or marches. Forcible Felony: Forcible felony means treason, murder, manslaughter, sexual battery, carjacking, homeinvasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or bomb, and any other felony which involves the use or threat of physical force or violence against any individual. Routine Requests: Normal daily requests for information and assistance to fulfill the Department's law enforcement function. Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 1 of 13 Third Agency Rule: A policy that dictates that when a third agency requests information, some of which is contained in intelligence reports from other law enforcement agencies, only that information from Department sources and from non-law enforcement sources can be released. IV. PROCEDURE: A. LIAISON WITH OTHER AGENCIES: 1. CALLS-FOR-SERVICE COOPERATION WITH OTHER DEPARTMENTS WITHIN THE CITY: a. When the Department responds to calls within the City involving other departments, such as the Boca Raton Fire-Rescue Services Department or lifeguards, the officer at the scene shall determine which department is responsible for the call. b. If a question arises, the officer at the scene shall request that a supervisor determine which department is responsible for the call, and cooperation shall be extended to all other agencies. 2. LIAISON WITH LOCAL FIRE SERVICES DEPARTMENT OFFICIALS AND EMERGENCY MEDICAL SERVICES: a. The Police Department and the Boca Raton Fire-Rescue Services Department share the same Communications Center and, therefore, share many of the same concerns regarding coordination. b. These two departments have established rules and guidelines for Communications Center personnel that address most coordination situations related to notification and deployment of personnel. 3. MUTUAL AID AGREEMENTS: a. The Department shall maintain mutual aid agreements with other police agencies. Approval by the chief of police or his/her designee is required before expending or receiving resources in accordance with mutual aid agreements. b. The City Attorney’s Office shall review all mutual aid agreements. c. The Department’s SWAT Team, Crisis Negotiation Team, Underwater Recovery Team, K-9 Team, Bomb Squad, and specialized equipment shall be made available to other agencies as needed with the approval of the chief of police or his/her designee. d. In exigent circumstances, including but not limited to civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, and escapes from detention facilities, the watch commander is Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 2 of 13 authorized to act as a designee for the purposes of requesting and granting mutual aid. e. The amount of aid available from provider agencies shall be sufficient to handle the situation without placing an undue burden on the provider agency. f. Specifics as to the amount and type of aid available from provider agencies can be located in the Florida Mutual Aid Resource Inventory prepared by the Division of Local Law Enforcement Assistance, Mutual Aid Bureau, through the Florida Department of Law Enforcement (FDLE). 4. PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT: a. The agreement provides that, should a law enforcement officer be in another subscribed agency’s jurisdiction, on or off-duty, and a crime of violence occurs in the presence of that officer, the officer shall be empowered to exercise authority as a law enforcement officer, as if the officer were in his/her own jurisdiction. i. This directive does not require nor order a Department officer to act on a crime of violence committed in his/her presence outside the jurisdiction of the Department, but rather only authorizes such action if, in the exercise of common sense and good judgment, the officer decides to act. ii. A Department officer who exercises his/her law enforcement authority outside of the jurisdiction of the Department, when faced with a violent crime being committed in his/her presence, shall proceed as follows: a) Immediately notify the agency having normal jurisdiction b) Turn the investigation over to the agency having normal jurisdiction c) Offer any assistance requested by the agency having normal jurisdiction, including, but not limited to, a follow-up written report documenting the event and actions taken d) Notify a Departmental on-duty commander/supervisor b. When a Department officer has established probable cause to arrest an individual(s) as a result of an investigation regarding any forcible felony, as defined in Section 776.08, Florida Statutes, or any act of domestic violence as defined in Section 741.28, Florida Statutes, that occurred within jurisdiction of the City of Boca Raton, he/she is authorized to make this arrest in any jurisdiction in Palm Beach County under the following conditions: Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 3 of 13 i. When exigent circumstances exist, and the offense occurred within the previous twenty-four (24) hours. ii. Prior to any officer making an arrest outside of the City of Boca Raton’s jurisdiction, the on-duty supervisor in charge of the jurisdiction or PBSO district in which the action will be taken shall be notified prior to taking action. iii. While in other jurisdictions, officers do not have the authority to make non-consensual or forcible entries into private dwellings, residences, living spaces, or business spaces which are not open to the public, e.g., actions taken pursuant to the Directive may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. c. 5. All other arrests out of jurisdiction are covered by FSS 901.25. PROVISIONS FOR BACKUP SUPPORT: a. The Department shall provide backup support for other agencies as needed. b. The Department shall provide backup support when an individual flees from another jurisdiction into Boca Raton. c. The Department shall enter a pursuit if the pursuit falls under Department policy. 6. REPORTING RESPONSIBILITIES: a. The Department shall coordinate with other agencies when investigating crimes of multi-jurisdictional interests. b. Each agency's officers have the responsibility for completing a report documenting the officer’s investigation concerning the crimes. 7. PROSECUTION IN MULTI-JURISDICTIONAL INVESTIGATIONS: a. Department officers shall assist respective state attorneys in coordinating the prosecution of offenders involved in multi-agency cases. 8. ARREST OF FUGITIVES: a. Department officers may stop and temporarily detain persons, who meet the detailed description of subjects wanted by law enforcement agencies. Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 4 of 13 b. When the individual stopped or temporarily detained has identification criteria that match information contained in a warrant, the Department officer shall contact the initiating agency to confirm the status of the warrant. c. If the initiating agency confirms the existence of the warrant and wishes a hold placed on the individual, that individual shall be arrested and transported to the Palm Beach County Jail. 9. EXCHANGE OF INFORMATION IN CRIMINAL INVESTIGATIONS: a. The Department shall supply reports and records to law enforcement agencies as requested per the Third Agency Rule. b. Investigative Services Bureau and Crime Analysis personnel shall provide criminal intelligence information to other agencies as needed. 10. LIAISON WITH CRIMINAL JUSTICE AGENCIES: a. Personnel who are permanently or temporarily assigned liaison duties shall forward, through the chain of command, a memo to the division commander outlining any deficiencies or suggestions noted during liaison duties. b. The chief of police or his/her designee shall be responsible for the assignment of personnel to act as liaisons with at least the following agencies: 11. i. Juvenile Courts ii. Juvenile Correctional Agencies iii. Probation and Parole Agencies iv. Adult Courts v. Adult Correctional Agencies vi. Prosecutors vii. Department of Children & Family Services PARTICIPATION IN OTHER ORGANIZATIONS: a. The Department will participate in the Law Enforcement Planning Council, consisting of officials from all segments of the criminal justice system. b. The chief of police and/or his/her designees shall regularly attend the Palm Beach County Police Chief's Association meetings, thereby having input and participation in matters brought forward by other law enforcement agencies. c. These activities will assure that the Department maintains relationships with other law enforcement agencies in other jurisdictions Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 5 of 13 12. INVESTIGATIONS INVOLVING CONCURRENT JURISDICTIONS: a. The Department shall maintain cooperation with the following agencies for jurisdictional responsibilities and assistance regarding investigations concerning police matters: i. Florida Atlantic University Police Department ii. Florida Fish and Wildlife Conservation Commission iii. Florida Highway Patrol iv. Palm Beach County Sheriff's Office v. Palm Beach County's School District Police vi. Any other federal, state, or local agency having concurrent jurisdiction b. The Department shall maintain responsibility for all incidents that occur within the corporate city limits except the following: i. Traffic crashes that occur on Interstate 95. Such incidents shall be the responsibility of the Florida Highway Patrol (FHP) unless FHP requests agency assistance. If the Department receives a call, Communications should notify FHP to respond. ii. Airplane crashes, which shall be the responsibility of the National Transportation Safety Board (NTSB). The Department shall notify the NTSB of any airplane crashes to assure their response, and shall provide back up and assistance as required. iii. Incidents that occur on the Florida Atlantic University campus. iv. Incidents that occur on Palm Beach County School District property. v. Incidents that occur in Palm Beach County parks. c. The Department shall provide support, back up and/or assistance for county, state, or federal law enforcement agencies conducting legal investigations within the city limits, if so requested. 13. PALM BEACH COUNTY SCHOOL DISTRICT POLICE RELATIONSHIP AND LIAISON: a. To facilitate the day-to-day working relationships between the Department and the Palm Beach County School District Police Department in matters of concurrent jurisdiction, the Department will adopt the following policies and understanding: Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 6 of 13 b. The Palm Beach County School District Police Department shall have primary police jurisdiction over all School District property within the City of Boca Raton. c. The Department shall label all complaints and incidents originating from these properties as Assists to the Palm Beach County School District Police Department, and shall forward all information to the appropriate school investigator per procedure. d. Department investigating officers shall make every effort to notify the school officer or dean of their presence on a school campus. e. When motor vehicle crashes occur on school property, the Department shall furnish a community service officer or police officer to conduct the appropriate investigation. f. The School District investigator may provide transportation of juveniles or arrested adults involved in school cases to and from the school to the Department for further interviews or processing. g. In case of a violent individual or an individual who presents an escape risk where the School District investigator cannot handle transport, the Department shall provide transportation at the discretion of the Department supervisor. h. The Department shall make the physical facilities of the Department available to school investigators, including detention areas, interview rooms and booking areas. i. Further support services available to the District include Intoxilyzer operators and crime scene technicians. j. The district commander or his/her designee shall have complete discretion as to when the Department shall provide support services on a priority basis, as available. k. If requested and resources are available, the Department will conduct investigations that involve major crimes on School District property. The School District police will receive regular updates from the Investigative Services Bureau unless such updates are deemed counterproductive to the investigation. l. Effective: October 1, 1988 Revised: May 20, 2013 Major cases will be defined as follows: i. Homicides ii. Sexual batteries iii. Armed robberies and robberies with serious injuries iv. Aggravated batteries with serious injuries Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 7 of 13 m. When a complainant contacts the Department to report a possible crime that is not a major crime, which occurred on School District property, the Department shall attempt to have the complainant report the crime directly to the Palm Beach County School District Police and to have the School District Police handle the investigation. i. If the complainant does not want the School District Police to handle the investigation, the Department shall notify the School District Police and conduct the criminal investigation to its conclusion. ii. The Department shall not accept complaints after the School District has initiated or completed an investigation. n. When an officer from the Department is issued a case that is later determined to have occurred on School District property, the officer shall proceed as follows: i. Document the investigation appropriately ii. Label the incident an Assist County School District iii. The investigating officer shall notify the complainant that the Department is documenting the incident as occurring on School District property and that the Palm Beach County School District Police Department will handle further investigation. iv. For incidents that occur on weekends or after hours, School District Police can be contacted at its 24-hour telephone number. 14. FLORIDA ATLANTIC UNIVERSITY (FAU) POLICE RELATIONSHIP AND LIAISON: a. In the event the Department receives a complaint referencing an incident at FAU, FAU Police shall be notified immediately. b. FAU Police will handle the investigation and may request assistance from the Department in the form of a crime scene technician, transportation of persons, etc. c. If FAU Police make an arrest at FAU and requests Department assistance, the Department and FAU shall proceed as follows: i. When FAU Police notify the Department Communications Center of an arrest, a police assist complaint shall be initiated. ii. If requested, a zone car shall be dispatched to the scene to assist in transportation to the Department. iii. Effective: October 1, 1988 Revised: May 20, 2013 FAU Police will handle all of the paperwork using its forms. Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 8 of 13 iv. The Department shall handle the booking process. v. The Department shall indicate in the jail log that FAU Police made the arrest. vi. All prisoners' property or evidence shall be handled as if an employee of the Department made the arrest. vii. All receipts shall be co-signed by FAU Police. viii. Medical attention for the prisoner shall be the responsibility of both FAU and the Department with any expenses incurred being the responsibility of FAU. d. Based on a request from FAU and the Boca Raton Airport manager, the Department shall have primary patrol and calls-for-service responsibility at the airport facility. e. Whenever a call for service is required at the Boca Raton Airport grounds, the Department shall complete all necessary reports. f. All incidents shall be followed up either by uniform personnel or Investigative Services Bureau personnel. g. FAU Police will be the primary responding agency for calls for service on the remaining FAU grounds, and the Department shall work with them when requested. 15. LIAISON WITH GROUPS INVOLVED IN TRAFFIC SAFETY: a. Traffic engineering and education play an important role in safety and efficiency of the highway transportation system. b. Exchange of information for improving traffic safety cannot be effectively maintained without established lines of communication with groups at various levels. c. The Special Operations supervisor or his/her designee is the liaison with the City’s Traffic Special Projects Division. d. The Traffic Division conducts meetings when matters of mutual concern require planning or review. e. At the county level, Special Operations personnel shall attend meetings of the Palm Beach Traffic Safety Committee. Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 9 of 13 B. REQUESTING LAW ENFORCEMENT AID: 1. District/bureau commanders shall have the authority to obtain aid from county, state and/or federal agencies in the following circumstances: a. b. c. d. Investigations involving the following: i. Criminal records ii. Employment records iii. Other records and information iv. Vice related activities v. Organized crime activities vi. Cases that may have concurrent jurisdiction Interviews of the following: i. Witnesses ii. Victims iii. Suspects Copies of the following: i. Records ii. Photographs The use of the following: i. Laboratory facilities ii. Sophisticated crime scene equipment 2. District/bureau commanders shall notify superiors when obtaining aid in the form of the following: a. Personnel from other jurisdictions assisting with investigations in this municipality b. Equipment loaned to this Department to further investigative efforts 3. The division commander or his/her designee shall document the use of any county, state or federal aid in a case investigation or situation in the case report. Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 10 of 13 4. Emergency law enforcement requests shall be completed as follows: a. National Guard: i. Department division commanders shall not request assistance directly from the National Guard. ii. Requests for assistance from the National Guard shall be made by the mayor of the City of Boca Raton, or deputy mayor in his/her absence, or the City manager or assistant City manager, or his/her designee, pursuant to Florida State Statutes and the Code of Ordinances for the City of Boca Raton. b. Federal Law Enforcement Agencies: i. Supervisors shall notify their respective division commanders if federal law enforcement is required for emergency assistance. ii. Federal law enforcement agency assistance will be requested by or through the chief of police or his/her designee. iii. If overt acts of violence or the imminent threat of such violence constitutes a state of emergency, requests for federal law enforcement assistance will be made by the mayor, or vice mayor in his/her absence, or the City manager, or assistant City manager, or his/her designee, pursuant to Florida State Statute and the Code of Ordinances of the City of Boca Raton. 5. Geographical boundaries and responsibilities shall be as follows: a. The City of Boca Raton geographical limits are as follows: i. miles Approximately TWENTY-NINE AND SIX TENTHS (29.6) square ii. Approximately seven (7) miles north to south and six and fourtenths (6.40) miles east to west iii. Bordered on the East by the Atlantic Ocean iv. Bordered on the South by the Hillsboro Canal and the City of Deerfield Beach, Broward County v. Bordered on the West by Powerline Road, Military Trail, Jog Road, The Florida Turnpike, and the unincorporated areas of Palm Beach County vi. Bordered on the North by the east/west C-15 Canal and the City of Delray Beach. Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 11 of 13 b. The Community Services Division commander, or his/her designee, shall be responsible for the following: i. Coordinating the preparing and updating of all maps used by this Department ii. Disseminating and reviewing all issued maps for division commanders and staff. c. Addenda to jurisdictional boundary maps, as land parcels are assimilated, may be issued in the form of an intra-department memoranda and appended segment maps. d. All divisions and appropriate sections shall maintain up to date maps with applicable attachments. e. All supervisors shall be aware of and knowledgeable about the jurisdictional boundaries of this municipality. f. The Community Services Division commander, or his/her designee, shall update the automated system with incorporated addresses. g. Department personnel shall do the following: i. Be aware that the Department’s automated system contains an up-to-date geographical file of all incorporated addresses ii. Be aware of the location of updated wall maps within the Department iii. Be issued current city maps iv. Consult available maps and obtain supervisory direction when jurisdictional problems arise 6. An officer’s actions out of Department jurisdiction shall be as follows: a. Officers shall not act in criminal cases arising outside the city limits without the approval of their commanding officer and shall not go beyond the municipal limits while on duty except in fresh pursuit of violators of criminal law, traffic infractions, or when authorized or directed by competent authority. b. Officers shall neither issue traffic citations nor shall they make traffic stops outside the city limits when off-duty while traveling to or from work except in accordance with the authority granted in this directive. V. REFERENCES: A. City of Boca Raton, Code of Ordinances, Sections 2.2 and 2.329 Effective: October 1, 1988 Revised: May 20, 2013 Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 12 of 13 B. FSS Section 23.1231 C. FSS Section 252.32-35 D. FSS Chapter 870 E. FSS Section 901.25 Approved: Daniel C. Alexander Chief of Police Effective: October 1, 1988 Revised: May 20, 2013 Date: Jurisdictional Responsibilities, Mutual Aid, Liaisons Directive No. 02.100 Page 13 of 13