LAW ENFORCEMENT AUTHORITY.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.105 LAW ENFORCEMENT AUTHORITY Revised: June 22, 2020 I. PURPOSE: Law enforcement officers are granted the authority to perform their assigned functions by established legal authority, including the United States and Florida...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.105 LAW ENFORCEMENT AUTHORITY Revised: June 22, 2020 I. PURPOSE: Law enforcement officers are granted the authority to perform their assigned functions by established legal authority, including the United States and Florida Constitutions, state statutes and local ordinances. This directive addresses the source and application of that authority. II. POLICY: All employees will observe and respect the constitutional and statutory protections enjoyed by our citizens and perform their assigned duties in an fair, impartial, ethical, and professional manner. 2.06 III. DEFINITIONS: Actionable Intelligence: Information that can be acted upon. Fair and Impartial Policing (FIP): This practice allows law enforcement officers (LEOs) to establish and nurture the trust of victims and witnesses who provide essential evidence in crime-solving; empowers LEOs to utilize facts to lead to the identification and arrest of the offender; and guides law enforcement action as it is a core aspect of professional policing. Biased Policing: The inappropriate consideration of specified characteristics when enforcing the law or providing police services. Specified Characteristics: Race, ethnic background, national origin, gender, gender identity, sexual orientation, socio-economic status, religion, disability, political status and/or age used when making law enforcement decisions. Reasonable Suspicion: A suspicion that has some factual foundation in the circumstances observed by an individual when those circumstances are interpreted in light of the individual’s knowledge and experience. Law Enforcement Officer (LEO): Pursuant to FSS 943.10, an LEO means any person who is elected, appointed, or employed full time by any municipality or state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel (civilians) employed by the Department. Effective: May 1, 1982 Revised: June 22, 2020 Law Enforcement Authority Directive No. 01.105 Page 1 of 7 SWAT Medic: A law enforcement officer and certified firefighter employed by the City of Boca Raton FireRescue Services Department. SWAT medics work in a restricted capacity under the supervision of the SWAT Team commander for the purpose of training and providing medical capabilities at incidents where the SWAT Team has been deployed. 2.08 IV. PROCEDURE: A. OATHS OF OFFICE AND ETHICS: 1. Florida State Statute Section 876.05 mandates that all public employees take and subscribe to the Oath of Office, prior to appointment and before undertaking the duties of office: I, _____________, a citizen of the State of Florida and of the United States of America and being employed by or an officer of the City of Boca Raton and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. Furthermore, I will support, protect and defend the Charter of the City of Boca Raton; that I am duly qualified to hold office; and I will well and faithfully perform the duties of , upon which I am about to enter. 2. All employees must comply with the standards of conduct established by FSS Chapter 112, Part III, and the Code of Ethics established by the Boca Raton, Florida Code of Ordinances, Chapter 2, Article V. 3. Employees must also comply with the standards of conduct established by the Palm Beach County Code of Ethics found in the PBC Code of Ordinances, Article XIII, sections 2-441 through 2-448. 4. All employees shall abide by the Department’s Mission, Vision, and Values statement. 5. All LEOs shall also abide by the Canons of Law Enforcement Ethics (see Appendix B) that is signed upon employment. B. LIMITS OF AUTHORITY AND DISCRETION: 1. Municipal police authority derives from the Florida Constitution, Article VIII, Section 2 Municipalities. Employees shall discharge their duties in accordance with all applicable federal, state and local laws, statutes and ordinances. 2. POLICE DISCRETION: a. Personnel must exercise discretion in situations where their conduct and judgment affect the rights and liberties of others. b. An employee shall be faithful to his/her oath of office, the principles of professional police service, and the objectives of the Department. Effective: May 1, 1982 Revised: June 22, 2020 Law Enforcement Authority Directive No. 01.105 Page 2 of 7 c. In the discharge of duty, employees shall not allow personal motives to govern decisions and conduct. d. In exercising discretion, employees shall base decisions on a combination of policies and procedures, training, supervision, and situational knowledge or expertise. 2.02 3. PERSONAL INVOLVEMENT: a. When a Department employee is personally involved in an incident, he/she shall not take any law enforcement action that involves family, personal friends, or neighbors unless immediate action is necessary to prevent imminent harm to people or property. In all other instances, the employee shall contact the appropriate agency to resolve police issues. 4. INTEGRITY: a. The public demands that the integrity of its Department’s employees be above reproach. b. An employee must avoid any conduct that might compromise his/her integrity, his/her fellow employee's integrity, or the Department's integrity. 5. ALTERNATIVES TO ARREST: 2.02 a. Once a violator is identified, the police shall initiate the criminal justice process. b. There are circumstances when a crime may occur, and no physical arrest made, but a report shall be written for the complaint. c. Circumstances in which alternatives to arrest may be exercised include the following: i. Misdemeanors where the offender was truly unaware that the action was a crime and no other persons or property were involved, a warning may be appropriate. ii. Misdemeanors where arrest would serve no beneficial purpose to any parties involved, and none of the parties involved desire an arrest be made, an informal resolution may be made. iii. For misdemeanors involving juveniles see Departmental Standards Directive 44.100 Juvenile Delinquency Prevention, Control and Commitment. If there is any question as to whether to use alternatives, supervisory guidance should be obtained. d. The decision to not make an arrest shall be guided by Department policy and the facts of the situation, not by the personal feelings of the LEO. Effective: May 1, 1982 Revised: June 22, 2020 Law Enforcement Authority Directive No. 01.105 Page 3 of 7 e. 6. FSS Chapter 901 shall guide all arrests. RELEASING DEFENDANTS AT THE SCENE: 2.02 a. Adults charged with misdemeanors may be issued a citation or Notice to Appear and released at the scene under the following guidelines: i. Extenuating circumstances exist, and supervisory approval has been obtained. ii. The LEO reasonably believes that the individual will respond to the Notice to Appear due to one or more of the following: a) Residence and length of residence in the community b) Family ties in the community c) Employment record d) Character and mental condition e) Past record of convictions f) History of appearance at court proceedings b. The option to issue a Notice to Appear does not apply to the following crimes: i. A crime of domestic violence ii. Resisting arrest without violence where the defendant has no form of identification iii. Driving under the influence c. A Notice to Appear means that the defendant has a mandatory court appearance and the LEO shall note this information on the proper form. 7. WHEN TO TAKE POLICE ACTION: a. On-duty LEOs shall take all steps reasonably necessary, consistent with their assignment, to enforce the law and protect life and property. 8. AUTHORITY OUTSIDE THE MUNICIPALITY: a. Law enforcement officers have full police power within the established boundaries for the City of Boca Raton. Police powers outside of the municipality are dependent upon existing mutual aid agreements and task force memoranda of understanding. Additionally, LEOs engaged in “fresh pursuit” of criminal offenders as defined by the laws of Florida, maintain police powers once outside Effective: May 1, 1982 Revised: June 22, 2020 Law Enforcement Authority Directive No. 01.105 Page 4 of 7 of the municipal boundaries. LEOs who are outside the municipality shall not engage in police activities unless in the performance of their duties as agents of the City of Boca Raton. C. FAIR AND IMPARTIAL POLICING: 1. PROCEDURES: a. The Department shall provide law enforcement services and enforce the law equally, fairly and without discrimination toward any individual or group. b. In the absence of actionable intelligence, race, ethnicity, national origin, gender, gender identity, sexual orientation, socio-economic status, religion, disability, and/or age of an individual shall not be the only factor when making law enforcement decisions to stop, detain, search, arrest, or in asset seizure/forfeiture efforts. 2.06 c. The detention of any individual that is not based on factors related to a violation or investigation of a violation of Federal law, Florida Statutes, City of Boca Raton Ordinances, or any combination thereof, is prohibited. d. An employee may consider reported race, ethnicity or other personal characteristics of individuals based on credible, reliable, locally relevant information that links a person of a specific description to specific criminal incidents. e. An employee must be able to articulate specific facts, circumstances, and conclusions which support the required standard for a giving enforcement action. 2. COMPLIANCE: a. LEOs who witness or who are aware of an instance of biased policing shall immediately report the incident to a supervisor. Also, where appropriate, LEOs are encouraged to intervene at the time of the biased policing incident occurs. b. Supervisors shall ensure that 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. 3. COMMUNITY EDUCATION AND AWARENESS: 2.06 a. Department employees shall continuously keep the community aware of its enforcement efforts and the rationale bases for their efforts. The information will be available via several venues, including, but not be limited to, the following: Effective: May 1, 1982 Revised: June 22, 2020 i. Department website ii. Social Media Law Enforcement Authority Directive No. 01.105 Page 5 of 7 iii. 4. Citizens Police Academy COMPLAINTS: 2.06 a. The PSB shall conduct investigations of any complaint of racial profiling, discriminatory practice, or violations of fair and impartial policing in accordance with Departmental Standards Directive 52.100 Complaint Investigations. 5. TRAFFIC STOP AND FIELD CONTACT PROCEDURES: a. Employees of the Department shall conduct traffic stops in accordance with Departmental Standards Directive 61.100 Traffic Administration and Florida State Statutes. b. Motorists and pedestrians shall only be subjected to stops, seizures or detentions upon reasonable suspicion that they have committed, are committing, or are about to commit a violation of law. 2.06 c. When conducting pedestrian and vehicle stops or otherwise interacting with the public, employees shall: i. Be courteous and professional ii. Introduce him/herself to person (providing name and agency), and state the reason for the stop as soon as practical unless providing this information will compromise officer safety or public safety iii. Ensure that the detention is no longer than necessary to take appropriate action for the known or suspected offense and that the person understands the purpose of reasonable delays iv. Provide his/her name verbally when requested. The employee may also provide the information in writing or on a business card. d. In addition to the above, LEOs should answer relevant questions the person may have if doing so will not compromise safety and/or the investigation. e. The deliberate recording of any misleading information related to the actual or perceived race, ethnicity, gender, or sexual orientation of a person stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary action, up to and including dismissal. 6. TRAINING: 2.06 a. All Department employees shall receive training including legal aspects, in accordance with Criminal Justice Standards and Training Commission guidelines on the impact of fair and impartial policing, including the review of this policy, at a minimum annually. Effective: May 1, 1982 Revised: June 22, 2020 Law Enforcement Authority Directive No. 01.105 Page 6 of 7 b. Employees will receive initial and ongoing training in proactive enforcement tactics, including training in safety, courtesy, cultural diversity, ethics, laws governing search and seizure, and interpersonal communications skills. c. Ethics training will be conducted biennially and may be included as part of other training, such as human diversity. 7. DISCIPLINARY PROCEDURES: 2.06 a. The Department will take corrective measures if there is a violation of fair and impartial policing. Appropriate sanctions shall be implemented for noncompliance to this policy. b. Additional diversity and sensitivity training shall be given to employees who are found to have violated fair and impartial policing practices, in addition to appropriate discipline. 8. ANNUAL REVIEW: 2.06 a. The PSB supervisor shall prepare an annual analysis that shall include, but not be limited to: i. A review of Department practices ii. A listing of each complaint and documented citizen concerns iii. An explanation of any action(s) taken iv. Recommendations for training v. Recommendations for policy changes Approved: Michele Miuccio Chief of Police Effective: May 1, 1982 Revised: June 22, 2020 Date: Law Enforcement Authority Directive No. 01.105 Page 7 of 7