HomeMy WebLinkAbout110-90 RESOLUTIONRESOLUTION N. 110-90
A RESOLUTION ADOPTING POLICIES, PROCEDURES, r -�
AND RULES -GOVERNING EMPLOYEES IN THE
FAYETTEVILLE POLICE DEPARTMENT AND RESCINDING
CERTAIN PREVIOUS RULES AND REGULATIONS. '•.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS -
Section 1. That the Board of Directors hereby approves
the policies, procedures, and rules governing all employees in the
Fayetteville Police Department. A copy of the policies,
procedures and rules (detail listing below) are hereby attached
hereto, marked Exhibit "A" and made a. part hereof:
Policy # Policy Title
1.1.1 Law Enforcement Agency Roll
1.2.1 Limits Of Authority
1.2.2 Arrest Procedures
1.3.1 Use Of Force
2.1.2 Relationships With Other Agencies
12.1.1 Direction
12,2.1 Policies, Procedures, & Rules
Development, Review Procedures
26.1.1 ' Disciplinary_Matters & Procedures
41.1.1 Patrol
41.2.8 Vehicular Pursuit
41.2.11 Use of Department Vehicles/
Equipment; Authorized Passengers
41.2.13 Seatbelt Usage.
41.2.17 Canines
44.1.1 Juvenile Operations
46.1.1 Unusual Occurrences
47.1.13 Bomb Threats and Explosive Devices
52.1.1 Office Of Professional Standards (OPS)
62.1.12 Police Traffic Radar Operation
71.1.1 Prisoner Transportation
72-1.1 Jailer Duty
72.3.1 Jail Emergency Plan
72.6.1 Medical And Dental Care For Prisoners
81.2.13 Bank Alarm Response Policy (Business Hours)
84.1.1 Property Management; Acquired & In -
custody Property
I
f
s
Section 2. That the Board of Directors hereby rescinds
the previous rules and regulations as attached to Resolution No.
91-82 of August 3, 1982.
PASSED AND APPROVED this 3rd day of July
n�-
-.ATTEST:
�A
eITY, CRK•
t. �c
•
-
t
, 1990.
I
2
6
E,. FAYETTE . I LE
•
THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT
June 1990
POLICIES, PROCEDURES, & RULES
"FOREWORD"
In an organization such as the Fayetteville Police Department,
absolute supervision of all members is impossible. However, a high
degree of uniformity of thought and action must prevail to serve
the citizens of Fayetteville fairly and impartially.
It is not possible to reduce all policies and practices to
writing. However, as time passes, other polices, procedures,
rules, and general orders will be added and will continue to change
with conditions. All general and special orders which may be
issued hereafter by the Chief of Police relating to the discipline
or duties of the members shall be recognized and considered as a
part of these policies,. procedures, and rules.
Upon adoption of these policies, procedures, and rules by the
City Board of Directors, all members of the Fayetteville Police
Department shall read and become thoroughly familiar with the
contents of this manual.
The comfort and convenience of all officers shall be given
consideration in every reasonable way consistent with these
policies, procedures, and rules and the fulfillment of the
Department's obligation to the public. These policies, procedures,
rules and general orders are intended to be a guide for members in
performing their duties.
Within one week after the appointment as a police officer, the
officer shall be issued a copy of the Department's policies,
procedures, and rules manual. The officer shall sign a statement
stating he has received, read, and agrees to abide by the policies,
procedures, and rules and any amendment thereto following his/her
appointment as an officer.
Richard L. Watson
Chief of Police
P. O. BOX 1888
140 WEST ROCK STREET 72702
501 521-8050
FAX 501 521-5876
•
TABLE OF CONTENTS
CHAPTER 1-5: LAW ENFORCEMENT ROLE, RESPONSIBILITIES &
RELATIONSHIPS
* * Law Enforcement Agency Roll 1.1.1
* * Limits of Authority - 1.2.1
* * Arrest Procedures 1.2.2
* * Use of Force 1.3.1
* * Relationships With Other Agencies 2.1.2
CHAPTER 6-10: (RESERVED)
CHAPTER 11-17:ORGANIZATION, MANAGEMENT & ADMINISTRATION
** Direction 12.1.1
** Policies, Procedures, & Rules Development &
Review Procedures 12.2.1
CHAPTER 18-20: (RESERVED)
CHAPTER 21-26: THE PERSONNEL STRUCTURE
** Disciplinary Matters & Procedures 26.1.1
CHAPTER 27-30: (RESERVED)
CHAPTER 31-35: THE PERSONNEL PROCESSES
CHAPTER 36-40: (RESERVED)
CHAPTER 41-47: LAW ENFORCEMENT OPERATIONS
* *
Patrol 41.1.1
Vehicular Pursuit 41.2.8
Use of Department vehicles/Equipment; Authorized
Passengers 41.2.11
Seatbelt Usage 41.2.13
Canines 41.2.17
Juvenile Operations 44.1.1
Unusual Occurrences 46.1.1
Bomb Threats and Explosive Devices 47.1.13
CHAPTER 48-50: (RESERVED)
CHAPTER 51-54: OPERATIONS SUPPORT
* * Office of Professional Standards (OPS) 52.1.1
* * Public Notification 54.1.1
J,.
4
.T
CHAPTER 55-60: (RESERVED)
(V: •
•
CHAPTER 61-66: TRAFFIC OPERATIONS
** Police Traffic Radar Operation 62.1.12
CHAPTER 67-70: (RESERVED)
CHAPTER 71-74: PRISONER & COURT -RELATED ACTIVITIES
** Prisoner Transportation 71.1.1
** Jailer Duty 72.1.1
** Jail Emergency Plan 72.3.1
** Medical and Dental Care For Prisoners 72.6.1
CHAPTER 75-80: (RESERVED)
CHAPTER 81-84: AUXILIARY & TECHNICAL SERVICES
Bank Alarm Response Policy (Business Hours) 81.2.13
Property Management; Acquired & In -custody Property...84.1.1
GENERAL ORDERS
01 (Reserved)
02 Responding To Bank Alarms During Business Hours GO -02
03
04
05
06
07
08
09
10
11
INDEX & REVISIONS LOG
•
a
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Subject
LAW ENFORCEMENT AGENCY ROLE
Reference
Distribution
All Personnel
I. PURPOSE
Number
(Special Instructions
Reevaluation Date
1 Year
The purpose of this policy is
to define the functional role
of the Fayetteville Police
Department.
II. DISCUSSION
By defining Department role,
employees will be aware of
actions and attitudes expected
of them, and the public will be
provided with a general standard
by which they can measure the
department's performance.
Defining the functional role
also specifies the department's
intent to be responsive to and
protect the constitutional
rights of the community.
III. POLICY
A. Performance Measures
No.Pages
-4-
Written performance measures
shall be formulated for each
program within the department.
1. On an annual basis, program
supervisors (i.e.,
administrative, patrol and drug
enforcement programs) shall
assist in preparing new or
revised performance measures for
the upcoming year and submit a
written report to the Chief of
Police.
2. Performance measures shall
be developed utilizing input
from all personnel levels within
the department. Personnel input
should provide the following:
a. Improve the relevancy and
coverage of the performance
measures; and
b. Enable employee
contribution to .departmental
management and operation.
(1.1.1) Page 1
4
•
•
3. Upon request, program
supervisors shall submit to the
Chief of Police a written
evaluation on the progress made
toward department performance
measures.
4. Performance measures shall
be routinely reviewed and
updated to help ensure
direction, unity of purpose,
and provide a basis for
measuring progress.
Oath of Office
•
Prior to assuming their official
position, all officers of the
Fayetteville Police Department
shall take an oath of office to
enforce the law and uphold the
Constitutions of the United
States and the State of
Arkansas.
C. Code of Ethics
All officers of the Fayetteville
Police Department shall abide
by the following Code of Ethics:
LAW ENFORCEMENT CODE OF ETHICS
All law enforcement
officers must be fully aware of
the ethical responsibilities of
their position and must strive
constantly to live up to the
highest possible standards of
professional policing.
•
The International
Association of Chiefs of Police
believes it is. important that
police officers have clear
advice and counsel available to
assist them in performing their
duties consistent with these
standards, and has adopted the
IDI
following ethical mandates as
guidelines to meet these ends.
PRIMARY RESPONSIBILITIES OF A
POLICE OFFICER
A police officer acts as
an official representative of
government who is required and
trusted to work within the law.
The officer's powers and duties
are conferred by statute. The
fundamental duties of 'a police
officer include serving the
community; safeguarding lives
and property; protecting the
innocent; keeping the peace; and
ensuring the rights of all to
liberty, equality and justice.
PERFORMANCE OF THE DUTIES OF A
POLICE OFFICER
A police officer shall
perform all duties impartially,
without favor or affection or
ill will and without regard to
status, sex, race, religion,
political belief or aspiration.
All citizens will be treated
equally with courtesy,
consideration and dignity.
Officers will never allow
personal feelings, animosities
or friendships .to influence
official. conduct. Laws will be
enforced appropriately and
courteously and, in carrying out
their responsibilities, officers
will strive to obtain maximum
cooperation from the public.
They will conduct themselves in
appearance and deportment in
such a manner as to inspire
confidence and respect for the
position of public trust they
hold.
DISCRETION
(1.1.1) Page 2
A police officer will use
responsibly the discretion
vested in the position and
exercise it within the law. The
principal of reasonableness will
guide the officer's
determinations and the officer
will consider all surrounding
circumstances in determining
whether any legal action shall
be taken. `
Consistent and wise use of
discretion, based on
professional policing
competence, will do much to
preserve good relationships and
retain the confidence of the
public. There can be difficulty
in choosing between conflicting
courses of action. It is
important to remember that a
timely word of advice rather
than arrest --which may be
correct in appropriate
circumstances --can be a more
effective means of achieving a
desired end.
USE OF FORCE
A police officer will never
employ unnecessary force or
violence and will use only such
force in the discharge of duty
as is reasonable in all
circumstances.
Force should be used only
with the greatest restraint and
only after discussion,
negotiation and persuasion have
been found to be inappropriate
or ineffective. While the use
of force is occasionally
unavoidable, every police
officer will refrain from
applying the unnecessary
infliction of pain or suffering
MUM'
and will never engage in cruel,
degrading or inhuman treatment
of any person.
CONFIDENTIALITY
Whatever a police officer
sees, hears or learns of, which
is of a confidential nature,
will be kept secret unless the
performance of duty or legal
provision requires otherwise.
Members of the public have
a right to security and privacy,
and information obtained about
them must not be .improperly
divulged.
INTEGRITY
A police officer will not
engage in acts of corruption or
bribery, norwill an officer
condone such acts by other
police officers.
The public demands that the
integrity of police officers be
above reproach. Police officers
must, therefore, avoid any
conduct that might compromise
integrity and thus undercut the
public confidence in a law
enforcement agency. Officers
will refuse to accept any gifts,
presents, subscriptions, favors,
gratuities or promises that
could be interpreted as seeking
to cause the officer to refrain
from performingofficial
responsibilities honestly and
within the law. Police officers
must not receive private or
special advantage from their
official status. Respect from
the public cannot be bought; it
can only be earned and
cultivated.
(1.1.1) Page 3
is
d ,
t
.COOPERATION WITH OTHER OFFICERS
AND AGENCIES
Police officers will
cooperate with all legally
authorized agencies and their
representatives in the pursuit
of justice.
An officer or agency may
be one among many organizations
that may provide law enforcement
services to a jurisdiction. It
is imperative that .a police
officer assist colleagues fully
and completely with respect and
consideration at all times.
PERSONAL/PROFESSIONAL
CAPABILITIES•
Police officers will be
responsible for their own
standard of professional
performance and will take every
reasonable opportunity to
enhance and improve their level
of knowledge and competence.
Through study and
experience, a police officer can
acquire the high level of
knowledge and competence that
is essential for the efficient
and effective performance of
duty. The acquisition of
knowledge is a never-ending
process of personal and
professional development that
should be pursued constantly.
PRIVATE LIFE
Police officers will behave
in a manner that does not bring
discredit to their agencies or
themselves.
A police officer's
character and conduct while off
duty must always be exemplary,
•
IDERAFT
thus maintaining a position of
respect in the community in
which he or she lives and
serves. The officer's personal
behavior must be beyond
reproach.
Source: IACP October 17, 1989
(1.1.1) Page 4
•
Ler FAYEITEVILLE POLICE DEPARTMENT,_..
s ao FAYETTEVILLE; ARKANSAS, ;-
r•r B
•
POLICIES, PROCEDURES; AND RULES
A ..
•
ti ;sr -
Effective Datel'-
,"'Lente
Subject -L _
'LIMITS OF. AUTHORITY ` ': �r
A
Reference t !.
x-,
,tt
Distribution
'•All Personnel
?x cite -40o
Numb'er.I _.. tvpv G;,l t tt..
11.2":1'^:1:.1/2,3 i
11 ri4m
7 Cri.� 1 rcThcr , . Cr :P c, ':+ .
Special-tInstructions n
loins: condi ,v: -,sot:
Reevaluation Date-Jei tc�.
i-Yearcl int II -
"
^At _ _ F
3:' .i`.i 1
I: 'PURPOSE pr_ tat ^..y
The, purpose fof this 'policy -is
to" outline .the :alimitstof law
enforcement authority delegated
totofficers ofithe Fayetteville
Police Department pertaining to
the enforcement of laws,
statutes, and ordinances within
their jurisdiction, i in1r::Co,
i.. t s . :I vn ti
It,.also +tdefines'ecircumstances
and establishes limits involving
officer discretion andprovides
guidelinestforiexeicisinga'such
d iscret` an.tt. !titsi1rzing
alternatiVessto_tarrest :and/or
prearr•aignment':cohfinement. .i
La *ht. C t•:'' t ocatt .. .
II. DEFINITIONS
� . '.a_ uft4 r - .t rig . t,
Aft._?ARRESTGoto. .0 . i Jr, .o
1... roc u: t -.t:.. ern t^:.1a1
Arrest is the taking Of 'a person
into rrcustody:cof 1 the 'law, -.0 the
purpose4of.which is -to restrain
the`accused,until-he can+be-held
accountable ID*, the loffenser•at
court proceedings,
and
ty
nt.er%.s to
A ;
No.Pages
'ce -6- :t'
rurtra$.h the
B . PROBABLE:,CAUSE priv"r: t:e
inaeivieh at cl: hi -m Iir.'1i1.i y;
Probable cause has been
interpreted as facts and
Circumstances thatLiamountrE to
More than Mere asuspicion but
less.... than .:rproof vibeyond'tia
reasonable doubt that would lead
a prudent person to believe a
crime' has' been rcommittedtOris
aboutrto*betcommitted:rrr: anr.
:a �t b.. ba r.: c.n probable nwt
C. FELONY
Parc sant t a
A felony.: s' a serious offense
which carries a penalty of
.incarceration•'usuallyflf r one
year:or more- Personsiconvicted
of:felony offenses -.lose certain
rights ..such--xas.h.the;cright• •to
Vote,` holdranrelective office
or Federal government position,
Ore mainta inAcertainTl icenses:t
.,t ' ^ f cin . - y . rre; . , t:hu
D . ..MISDEMEANORt .ae:s r.ihnr: 1:1
the:: , :icer » t at ny tir_f1 :;it
A'.misdemeanor is elless;serious
o ffense punishable by
(1.2.1) Page 1
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE; ARKANSAS
DELT'
POLICIES, PROCEDURES, AND RULES
Subject
LIMITS OF AUTHORITY
Reference
Distribution
All Personnel
I. PURPOSE
(Effective Date
Number
1.2.1
(Special Instructions
Reevaluation Date
1 -Year
The purpose of this policy is
to outline the limits of law
enforcement authority delegated
to officers of the Fayetteville
Police Department pertaining to
the enforcement of laws,
statutes, and ordinances within
their jurisdiction.
It also defines circumstances
and establishes limits involving
officer discretion and provides
guidelines for exercising such
discretion utilizing
alternatives to arrest and/or
prearraignment confinement.
II. DEFINITIONS
A. ARREST
Arrest is the taking of a person
into custody of the law, the
purpose of which is to restrain
the accused until he can be held
accountable for the offense at
court proceedings.
B . PROBABLE CAUSE
No.Pages
-6-
Probable cause has been
interpreted as facts and
circumstances that amount to
more than mere suspicion but
less than proof beyond a
reasonable doubt that would lead
a prudent person to believe a
crime has been committed or is
about to be committed.
C. FELONY
A felony is a serious offense
which carries a penalty of
incarceration usually for one
year or more. Persons convicted
of felony offenses lose certain
rights such as the right to
vote, hold an elective office
or Federal government position,
or maintain certain licenses.
D . MISDEMEANOR
A misdemeanor is a less serious
o ffense punishable by
(1.2.1) Page 1
incarceration for not more than
one year in a county jail or
fine or similar penalty
III. POLICY
A. JURISDICTION AND STATUTORY
AUTHORITY
1. Officers of the
Fayetteville Police Department
shall have within the corporate
limits of the City of
Fayetteville all the powers
invested in law enforcement
officers as described under
Arkansas Code Annotated 14-52-
203.
2. Officers shall also have
the power to serve all civil
and criminal process that may
be directed to them by any
officer of the Court and may
enforce the ordinances and
regulations of the City as the
City Board of Directors may
direct.
3. In addition to their
authority within the corporate
limits, officers shall have all
the powers invested in law
enforcement officers by statute
or common law within the
extraterritorial jurisdiction
of the corporate limits of the
City of Fayetteville, and on
all property owned by or leased
to the City wherever. located.
4. Any officer pursuing an
offender outside the corporate
limits or extraterritorial
jurisdiction of the City shall
be entitled to all privileges,
immunities, and benefits to
which he would be entitled if
acting within the City,
•
DEAWIT
including coverage under the
workmen's compensation laws.
B. ARREST AUTHORITY
An officer may effect an arrest
if there is probable cause to
believe a person has committed
an offense as it is defined in
the Arkansas Criminal Code.
Probable cause is the legal
requirement for an arrest.
1. An arrest occurs when the
following conditions exist:
a. The officer believes that
sufficient legal evidence exists
that a crime is being committed,
and intends to restrain the
suspect;
b. The officer deprives the
individual of his liability;
and
c. The suspect believes he or
she is in the custody of the
police and cannot voluntarily
leave.
2. An arrest can be initiated
with or without a warrant and
must be based on probable cause.
a. Arrest Pursuant to a
Warrant
An arrest warrant issued by the
court determines an arrest
should be made and directs the
police to bring the named person
before the court.
(1) An officer having a warrant
in possession may arrest the
person named on or described in
the warrant at any time and at
any place within the
(1.2.1) Page 2
•
•
jurisdiction of the City of
Fayetteville.
(2) An officer who has
knowledge that a warrant for
arrest has been issued and has
not been executed, but who does
not have the warrant in his
possession, may arrest the
person named in the warrant at
any time.
(a) The officer must inform
the person arrested of the
existing warrant, and
(b) The officer must serve the
warrant on the person as soon
as possible.
b. Arrest Without a Warrant
According to Rule 4 of the
Arkansas Court Rules "Rules of
Criminal Procedures", a law
enforcement officer may arrest
a person without a warrant if
the officer has reasonable cause
to believe that such person has
committed:
(1) a felony;
(2) a traffic offense
involving:
(a) death or physical injury
to a person; or
(b) damage to property; or
(c) driving a vehicle while
under the influence of any
intoxicating liquor or drug;
(d) any violation of law in the
officer's presence.
(3) A private person may make
an arrest where he has
•
1
reasonable grounds for believing
that the person arrested has
committed a felony.
(4) An arrest shall not be
deemed to have been made on
insufficient cause hereunder
solely on the ground that the
officer or private citizen is
unable to determine the
particular offense which may
have been committed.
(5) A warrantless arrest by an
officer not personally possessed
of information sufficient to
constitute reasonable cause is
valid where the arresting
officer is instructed to make
the arrest by a police agency
which collectively possesses
knowledge sufficient to
constitute reasonable cause.
(6) In the case of a
misdemeanor, probable cause as
well as the officer's presence
at the time of the offense are
required, with the following
exceptions:
(a) The officer believes the
suspect may cause physical
injury to self or others, or
damage to property unless
immediately arrested (See ACA
9-15-103 "Act 636 of 1989");
(b) The suspect has committed
the offense of shoplifting when
the officer, merchant, or
merchant's employee who has
observed the person accused of
committing the offense of
shoplifting shall provide a
written statement which shall
serve as probable cause to
justify the arrest (See ACA 5-
36-116 (2)(c);
(1.2.1) Page 3
.(c) The officer has reason .to
believe the suspectiwillnot:be
apprehended/unless immediately
arrested :-t• Ce -
j.%. 8na1- t
3. Upon making an
officet must,:; A .lw.
arrest, an
a:f;.:.Identify ,himself-as:.a,;law
enforcement,officer unless his
identity;s9otherwise apparent;
b. Inform the arrested person
that heLis (underrarrest; ,,tand*{r
r .; ;. 2&;S
c. As promptly as is
reasonabler,r under. .the
circumstances,,,y,_tinform ••;, 'the
arrested -person of the cause of
the _arrest, (Unless \they,cause
appears to be,evident.
•4. An arrest is complete when:
a;: ca:• 4The „person submits Ito the
control .of•the arresting,officer
who has ...indicated ,his ;intention
totarrest, for .n q • :_., at4 r
b: t_ctThe,arresting officer, with
intent to make an;arrest, takes
a person into custody by the use
of physicallforce. L
at, '•if,. • t°
the.
5.;..;An officer may. enter
privatenpremises-.or, a 3vehicle.
to :effeet);anl arrest .when: Lir-
a...c;_The officers .•has. Lt r his
possession .a;,warrant.. or, \order.
for; arrest of apersonilory_is
authorizedE,to arrest a-.
,person
withoutl,,a tcwarrant or order
having been issued;
• -u Cr iar.i J =, to r"\.tat,
b. The officer has reasonable
cause 4to.believe the person to
be: arrestedtis,present, and,„1e
:1- • the _.r ... to
,,
c. :_. Thecofficer.«has,given,•or
madecreasonable•effort to. give
noticemof phis; authority',and
purpose {to an ,occupant. thereof,
unless there lis•reasonable cause
to'Abel -ievejthat the L, giving ;of
such notice would present a
alear rdanger Ito zhumanflife..w
rlur., „ ?fl\31 tth,
6. Arrest for Serious Crime
i:-♦ Frtort_.fi. be.zo1ution., 'f..�.h.
Whenan officer_arrestsa-person
for -a serious crime,ithe;officer
shall eadvise the detective
division of the arrest for
furtherrn4,-interviewing and
investigation. y
A.rt"'•` t .i. 1njust-� Pardon
7. Arrest of Military Deserter
1112.3r, nrre ' 1 y' .1 flC r4.41: 1/4i2Q iia..K
Officers°•with probablei;cause
that -a \person;,-isp,aicmilitary
deserter may:arrest. thatperson
and:arrange as,,soon,as,possible
to, release thenperson to;,the
proper;;militaryaauthorities• r i
rnrsor. ' /rid b.isot+ co". , -
8.'» ..Arrest of tUnconscious ior
Semiconscious,- Person=
1::toCt'er or nat.
Whenever anofficer.arrestsan
unconscious, semiconscious,Vor
otherwise apparently suffering
from somendisablingtcondition,
and who is unable to provide
information on •the causes hof
the II- condition, •rr the ° , officer
shouldimakeia-reasonable.effort
tot.: determine ,.cif cthe,,person
arrested is wearing ,a;bracelet
or1necklace containing{the Medic
Alert )Foundation's :emergency
alert syiibo1 j toh indicate 'that
the ,p,tper,son suffers enfrom
diabetes, epilepsy,. awpardiac
Condition, or any. other .form;of
iliness.which would cause a los s
ofr,,consciousness. If such a
symbol is found indicating that
the person being arrested
(1.2.1) Page 4
suffers from one of those
conditions, the officer must
make a reasonable effort to have
appropriate medical care
provided.
9. Misuse of Arrest Authority
Officers of the Fayetteville
Police Department shall not
misuse the arrest authority that
has been delegated to them.
•
C. USE OF DISCRETION AND
ALTERNATIVES TO ARREST
The Chief of Police shall
determine what measures
(policies and procedures) shall
be enforced to influence officer
discretion at the operative
level of patrol.
Officers are encouraged to be
sensitive to cues as the
probability of clearance,
witness identification, victim
prosecution, and other factors
when making arrests, issuing
citations, or other law
enforcement activities.
In instances of lesser
violations of the law, the
officer may weigh the
seriousness of the offense and
the surrounding circumstances
and choose an alternative to
arrest. The proper exercise of
discretion does not relieve the
officer of his responsibility
to conduct a thorough
investigation.
1. Alternatives to Arrest
a. Issuance of a citation or
criminal summons which would
allow the arrested person to
appear in court on their own
recognizance in accordance with
Article III, Rule 5, of the
ARKANSAS RULES OF CRIMINAL
PROCEDURE, instead of taking
the person before a magistrate
and placing them under bond;
b. Referral to a help agency,
such as mental health, etc.;
c. Informal resolution, such
as arranging for the person to
pay the victim for damages,
etc.; or
d. Warnings.
2. Arrest of Injured Person
Upon arresting a person who has
been injured, or is injured
during the arrest process, the
officer shall contact his
immediate supervisor. The
immediate supervisor will
respond and examine the injured
person and based on the
seriousness of the injury will
make a determination as to
whether or not the person should
receive immediate medical
attention.
3. Off -Duty Arrest
Police officers of this
department have liability
protection for on -duty and off-
duty performance of official
duties. This protection does
not extend to willful acts to
cause injury or damage, or to
those actions that the police
officer knew, or reasonably
should have known, were in
conflict with the established
policies or customs of this
department.
•
(1.2.1) Page 5
a. When off-duty and within
the legal jurisdiction of this
department, a police officer
may make an arrest only when:
(1) There is an immediate need
for the prevention of a crime
or apprehension of a suspect;
(2) The arresting officer is
in possession of appropriate
police identification.
NOTE: Off-duty officers
shall not engage in vehicular
pursuits while driving privately
owned vehicles. The use of blue
lights for traffic stop purposes
in privately owned vehicles is
prohibited. Officers may use
privately owned blue lights
(only when their vehicle is
stationary) to warn approaching
traffic of danger at accident
or other emergency scenes.
b. If an off-duty arrest is
made, the off-duty officer shall
abide by all departmental
policies and procedures and
shall notify on -duty personnel
as soon as possible.
c. No prisoner or arrestee,
under any circumstances, shall
be transported in a privately
owned vehicle.
4. Assistance to Person
Intoxicated in Public
At his discretion, an officer
may assist, as an alternative
to arrest and incarceration, an
individual found intoxicated in
a public place, by taking any
of the following actions:
1
•
te-
HULL 1J• L�
a. The officer may direct or
transport the intoxicated
individual home;
b. The officer may direct or
transport the intoxicated
individual to the residence of
another individual willing to
accept him;
c. The officer may direct or
transport the intoxicated
individual to a public or
private shelter facility if the
individual is apparently in need
of and unable to provide for
himself food, clothing, or
shelter, but not in need of
immediate medical care;
d. The officer may direct or
transport the intoxicated
individual to the Washington
Regional Medical Center or other
medical care facility if it is
apparent the individual is in
need of but unable to provide
for himself immediate medical
care.
•
(1.2.1) Page 6
1
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS,
POLICIES, PROCEDURES, AND RULES
Subject
ARREST PROCEDURES
Reference
Distribution
All Personnel
I. PURPOSE
Effective Date
Number
1.2.2
(Special Instructions
(Reevaluation Date
1 Year
The purpose of this policy is
to provide officers with
guidelines in determining when
and if an arrest is appropriate
according to the law.
II. DISCUSSION
An officer can make an arrest
if he has probable cause to
believe a person has committed
an offense as it is defined in
the Arkansas Criminal Code.
Arrest is the taking of a person
into custody of the law, the
purpose of which is to restrain
the accused until he can be held
accountable for the offense at
court proceedings.
The legal requirement for an
arrest is probable cause.
III. POLICY
No.Pages
-3-
A. An arrest occurs when the
following conditions exist:
1. The officer believes that
sufficient legal evidence exists
that a crime is being committed,
and intends to restrain the
suspect;
2. The officer deprives the
individual of his liberty and;
3. The suspect believes that
he or she is in the custody of
the police and cannot
voluntarily leave.
B. Arrest can be initiated
with or without a warrant and
must be based on probable cause.
C. An arrest warrant issued
by a court determines that an
arrest should be made and
directs the police to bring the
named person before the court.
D. An arrest can be made
without a warrant only where
(1.2.2) Page 1
•
the arresting officer is able
to establish probable cause that
a crime was committed and that
the subject arrested is the
person who committed it.
E . In the case of a felony an
officer may arrest a suspect
without a warrant where probable
cause exists, even though the
officer was not present when the
offense was committed.
F. In the case of a
misdemeanor, probable cause as
well as the officer's presence
at the time of the offense are
required.
III. CLASSIFICATION
•
A. A felony is a more serious
offense which carries a penalty
of incarceration in a state
prison, usually, for one year
or more.
B . A misdemeanor is a less
o ffense punishable by
incarceration for not more than
one year in a county jail or
fine or similar penalty.
IV. ARREST
A. If an officer decides it
is necessary to take a person
into custody he should do so in
accordance with his lawful
authority to arrest.
B . An officer should be
prepared to use non -deadly force
when arresting an individual who
is physically resisting arrest.
1. ' In these circumstances the
officer must take caution in
preventing injury to himself and
the subject.
•
DEM?
2. When a subject threatens
to flee or injure the arresting
officer he must be prepared to
use his training in self-defense
in defending himself while
taking the person into
custody.
✓ . SEARCH OF PERSON(S)
A. Any officer may search a
person after a lawful arrest for
the following reasons:
1. To protect the officer, the
accused or others.
2. To prevent the escape of
the accused.
3. To furnish appropriate
custodial care if the accused
is jailed.
4. To obtain evidence of the
commission of the offense for
which the accused has been
arrested, or to seize
contraband, fruits of the crime,
or other things criminally
possessed or used in conjunction
with the offense.
B . Strip searches' will only
be made after arrest and will
be made at the jail if necessary
before being placed in a cell
and only then in a professional
manner. The only exception
would be in a life-threatening
situation to protect human life.
C. Search of body cavities
must be performed by a physician
or a licensed nurse. A search
of body cavities and "blood
stream and subcutaneous tissues"
incidental to an arrest should
only be made if there is a
(1.2.2) Page 2
F.
strong probability that it will
disclose things subject to
seizure and related to the
offense for which the individual
was arrested. The problems
concerning the search of body
cavities usually result when
some degree of force has been
used.
D. A law enforcement officer
who has detained a person may,
if he reasonably suspects that
person is armed and dangerous
to the officer or others, may
search the outer clothing of
such person and seize any weapon
or other dangerous things which
may be used against the officer
of others. The search shall not
be more detailed than is
reasonably necessary to insure
safety.
•
DR AFT
(1.2.2) Page 3
•
•
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
DIVOT
POLICIES, PROCEDURES, AND RULES
Subject .
USE OF FORCE
Reference
Distribution
All Personnel
I. PURPOSE
rffective Date
Number
1.3.1
Special Instructions
Reevaluation Date
1 -Year
The purpose of this directive
is to state the Fayetteville
Police Department policy
regarding .the use of force,
including deadly force, and all
types of weapons.
II. DISCUSSION
The value of human life is
immeasurable in our society.
Police officers have been
delegated the awesome
responsibility to protect life
and. property and apprehend
criminal offenders. The
apprehension of criminal
offenders and protection must
at all times be secondary to the
protection of life. The
officer's responsibility for
protecting life must include his
own.
"Deadly Force" as used in this
policy is defined as that force
which is intended to cause death
No.Pages
-6-
or grave injury or which creates
some specified degree of risk
that a reasonable and prudent
person would consider likely to
cause death or grave injury.
III. POLICY
It shall be the policy of the
Fayetteville Police Department
that its officers shall not use
more force in any situation than
is reasonably necessary under
the circumstances.
A. Use of Deadly Force
1. An officer may use deadly
force to protect himself or
others if he has reasonable
belief of immediate threat of
death or serious physical
injury.
a. Reasonable belief: The
facts or circumstances the
officer knows, or should know,
are such as to cause an ordinary
(1.3.1) Page 1
•
and prudent person to act or
think in a similar way under
similar circumstances.
b. Serious physical injury:
A bodily injury that creates a
substantial risk of death;
causes serious, permanent
disfigurement; or. results in
long-term loss or impairment of
the functioning of any bodily
member or organ.
2. The use of firearms should
be flatly prohibited in the
apprehension of misdemeanants,
since the value of human life
far outweighs the gravity of a
misdemeanor offense.'
3. Deadly force shall never
be used on mere suspicion that
a crime, no matter how serious,
was committed or that the person
being pursued committed the
crime. An officer shall either
have witnessed the crime or have
sufficient information to know,
as a virtual certainty, that the
suspect committed an offense for
which the use of deadly force
is permissible.
4. Officers shall not be
permitted to fire at felony
suspects when the officer
believes that the suspect can
be apprehended reasonably soon,
thereafter without the use of
deadly force or when there is
any substantial danger to
innocent bystanders. Although
the requirement of using lesser
force, when possible, is a legal
rule, the other limitations are
based on sound public policy.
To risk the life of innocent
persons for the purpose of
apprehending a felon cannot be
justified.
MATE
5. Officers shall not
discharge a firearm at or from
a moving vehicle except as the
ultimate measure of self-defense
or defense of another person."
6. Officers shall not fire
their weapons to kill, but
rather to stop and incapacitate
an assailant from completing a
potentially deadly act. For
maximum stopping effectiveness
and minimal danger to innocent
bystanders, the officer should
shoot at "center body mass."
7. An officer may use deadly
force to effect the capture or
prevent the escape if the
officer reasonably believes that
the suspect has committed a
felony involving the use or
threatened use of deadly force
and the officer has probable
cause to believe that the
suspect poses a significant
threat of death or serious
physical injury to the officer
or others.
8. In order to protect the
community's interest when
officers may have exceeded the
scope of their authority in the
use of deadly force and to
shield officers who have not
exceeded the scope of their
authority from possible
confrontations,with the
community, officers whose use
of force results in death shall
be relieved from line -duty
assignment pending
administrative review.
9. The killing of an animal
is justified by the following
conditions:
(1.3.1) Page
a. For self-defense,
b.
To
prevent
substantial
harm
to
the
officer
or another,
or
c. When the animal is so badly
injured that humanity requires
its relief from further
suffering.
A seriously wounded or injured
animal may be destroyed only
after all attempts have been
made to request assistance from
the agency (humane society,
animal control, game warden,
etc.) responsible for the
disposal of animals.
The destruction of vicious
animals should be guided by the
same rules set forth for self-
defense and the defense and
safety of .others.
B. Firearms
1. Issuance of "Use of Force"
Policy:
All officers of the Fayetteville
Police Department shall be
issued individual copies of and
receive instruction on the
department's policy regarding
use of deadly force prior to
being issued a firearm.'
2. Proficiency in Use of
Agency -authorized Firearms:
n
All officers shall demonstrate
proficiency with all agency -
authorized firearms and sidearms
prior to being authorized to
carry a firearm.
a. Officers shall qualify four
times each year.
b. Officers shall qualify with
a score equal to or better than
the established standard set by
the Chief of Police and Firearms
Instructors.
(1) Failure to attain a
qualifying score will result in
revocation of authorization for
the officer to carry a firearm.
(2) Authorization will be
reinstated upon receiving
remedial training and attainment
of a qualifying score.
c. Officers shall attain and
demonstrate a knowledge of the
laws concerning the use of
firearms and be familiar with
recognized safe -handling
procedures for the use of these
weapons.
3. Except for general
maintenance, storage or
authorized training, officers
shall not draw or exhibit their
firearm unless circumstances
create strong reasonable cause
to believe that it may be
necessary to lawfully use the
weapon in conformance with other
sections of this policy.
Warning Shots:
Officers are not justified in
using a firearm to fire a
warning shot and shall never
use warning shots for any
purpose. Warning shots endanger
the lives of innocent bystanders
and may also prompt a suspect
to return fire.
5. Off -Duty Possession of
Weapons:
(1.3.1) Page 3
T
It shall be the policy of the
Fayetteville Police. Department
to permit full-time sworn
members of the department to
possess and carry a concealed
weapon while off -duty within
the corporate limits of
Fayetteville.
a. Officers are not required
to carry a weapon while off -
duty, but may do so at their
option.
b. Officers exercising the
option to carry a• weapon while
off -duty are authorized to carry
their issued weapon.
c. Authorization for officers
to carry weapons while off -duty
shall be subject to the
following conditions: .
(1) officers will be required
to have in their possession the
department -issued badge and
official identification card.
(2) Officers not in uniform,
while on or off -duty, shall not
wear a weapon in such a manner
so as to attract attention or
being in open view to the
public.
6. Department -issued Weapons
and Ammunition:
a. Uniformed officers will
carry the department -issued
weapon only. The use of special
weapons and ammunition in
certain situations will be
authorized by the Chief of
Police.
b. Detectives will carry only
the department -issued weapon
while on duty. Personal weapons
must have the written approval
of the Chief of Police prior to
being carried as a duty weapon
or as a supplemental duty
weapon.
c. Ammunition will be
department -issued as approved
by the Chief of Police.
d. Uniformed officers and
detectives of this department
will carry only department -
issued shotguns.
(1) All shotgun ammunition will
be department -issued as
authorized by the Chief of
Police.
(2) Unless authorized by the
Chief of Police, no type of
rifle will be carried or used
by on -duty officers. The
exception to this policy will
be Emergency Response Team (ERT)
officers.
e. Officer Responsibility for
Department -issued Firearm.
(1) Officers must take
reasonable and adequate care of
any firearm issued to them.
(2) In the event a firearm is
lost, damaged, destroyed, or
stolen, the officer may be
subject to financial liability
and/or dismissed if a
preponderance of evidence
establishes repeated negligence
or willful destruction or damage
of the firearm by the officer.
(3) In the event of the loss
of a department -issued firearm,
the officer will immediately
notify the shift supervisor who
will in turn notify the Chief
(1.3.1) Page 4
J. s:
al_.
of Police. The supervisor will
also notify local .law
enforcement authorities of the
firearm loss and ensure that
the loss is reported through
the department's ACIC/NCIC
terminal.
7. Discharge of Weapon:
If an officer, on or off duty,
fires a department -issued weapon
(except training purposes such
as range qualifications) or in
the event of an accidental
discharge the officer shall
comply with the following:
a. The officer who fired the
weapon shall notify the shift
supervisor as soon as
practicable after the firing
has taken place.
b. The supervisor shall make
a preliminary investigation each
time an officer under his
command fires a weapon.
C. The supervisor shall cause
a report to be filed immediately
with the Chief of Police
regarding the firing of any
weapon by police personnel.
d. If during the performance
of duty or on any occasion an
officer of the Fayetteville
Police Department fires a weapon
and in doing so wounds or kills
a suspect or perpetrator of a
crime, the following procedure
is to be followed immediately:
(1) The shift supervisor is to
be notified immediately.
(2) The shift supervisor will
notify the Chief of Police
immediately.
(3) A shooting team, the
members of which will be
designated by the Chief of
Police, will be called to the
scene immediately.
(4) This shooting team will be
responsible for conducting a
thorough investigation into the
circumstances surrounding the
shooting. The shooting team
will, at the conclusion of the
investigation, submit a report
to the Chief of Police including
the relevant facts and
circumstances surrounding the
incident and a conclusion as to
whether the discharge violates
departmental policy or State
law.
(5) This shooting team will be
functioning with the full
authority of the Chief of
Police. This team will be in
complete control of the entire
investigation. All officers
including shift supervisors
shall give this team their full
cooperation. No one shall
interfere with such an
investigation.
(6) If the facts of the
incident support a conclusion
that the shot was the result of
negligence, the officer shall
be required to undergo firearms
certification training again.
C. Non -Lethal Weapons
1. The police baton shall be
used as a defensive weapon only.
The baton should be used
properly and in accordance with
training in its use. The
following will not be considered
proper use of the baton:
(1.3.1) Page 5
S
a. Strikes
areas: Head
areas, spine,
frontal blow
solar plexus.
to the following
and face, heart
kidneys, direct.
to knee cap, and
b. The only exceptions to the
prohibitions listed above will
be in a life or death situation.
FT
(1.3.1) Page 6
A
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, .AND RULES
Effective Date (Number
2.1.2
Subject
RELATIONSHIPS WITH OTHER AGENCIES
Reference (Special Instructions
Distribution (Reevaluation Date No.Pages
All Personnel 1 -Year -2-
I. PURPOSE
The purpose of this policy is
to formulate a procedure of
working with other law
enforcement and social welfare
agencies.
II. POLICY
A. LIAISON
1. Other Agency Liaison
It shall be the policy of the
Fayetteville Police Department
to establish and maintain a
working liaison with the
following organizations:
a. Other law enforcement
agencies (particularly in
Northwest Arkansas);
b. Members of the judicial
process at the federal, state,
and local levels; and
c. Representatives of the
state probation and parole
system.
2.. Fire Department Liaison
The. Fayetteville Police Depart-
ment shall strive to hold annual
meetings with representatives
from. the Fayetteville Fire
Department to promote better
coordination between the two
departments.
3. Public and Social Service
Agencies
The Fayetteville Police Depart-
ment shall provide officers with
a list of social services at the
state and local levels and other
resources available to the
public.
B. INTERAGENCY COORDINATION
AND PLANNING
(2.1.2) Page 1
iAJ
� �
1. Criminal Justice
Coordinating Council
It shall be the policy of the
Fayetteville Police Department
to support local and state
efforts to collectively plan
criminal justice activities by
providing a representative, when
possible.
2. Liaison with Traffic Safety
Agencies
It shall be the policy of the
Fayetteville Police Department
to maintain a positive•.ongoing
relationship with local, state,
and federal agencies responsible
for monitoring traffic safety
and public education.
3. Requests for•Assistance
When another agency requests
assistance, the senior
supervisor on duty will receive
the request and will determine
if aid can, and should be
rendered. The supervisor will
then assign police personnel and
equipment with instructions or
cause the field supervisor •to
do so if the Patrol Program is
involved. All Fayetteville
police personnel will follow
department rules, regulations
and policy while on special
assignments.
(2.1.2) Page 2
i (.
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
I L l� a'� �, r■1
POLICIES, PROCEDURES, AND RULES
Subject
DIRECTION
Reference
Distribution
All Personnel
I. PURPOSE
Effective Date INumber
12.1.1
Special Instructions
Reevaluation Date
1 Year
The purpose of this policy is
to define the responsibilities
and position of the Chief of
Police as the Chief Executive
Officer of the Fayetteville
Police Department, to designate
command during his absence, and
to make supervisors accountable
for the performance - of
subordinates.
II. POLICY
A. CHIEF EXECUTIVE OFFICER
The Chief of Police is the Chief
Executive Officer of the
Fayetteville Police Department,
and as such shall be solely
responsible for the management,
direction, and control of the
operations and administration
of Department activities.
1. The Chief of Police is
appointed by the City Manager
No. Pages
-4-
following certification by the
Civil Service Commission.
2. The Chief of Police is
under the direct supervision of
the City Manager.
3. The Chief of Police is ._
responsible for the appointment
and supervision of all
subordinate employees under his
command in the Department.
4. The Chief of Police is also
responsible for the direction,.
planning, training and
regulation of discipline within
the Department.
B. CHAIN OF COMMAND
In order to ensure leadership
is available when the Chief of
Police is incapacitated, off
duty, out of town, or otherwise
absent from the decision making
process, a supervisory
contingency plan shall be in
effect.
(12.1.1) Page 1
r;
The following list of
supervisors specifies the chain
of command that shall be
followed in the Fayetteville
Police Department:
1.. Assistant Chief of Police
2. Captain(s) by seniority.
3. Lieutenant(s) by seniority.
Sergeant(s) by seniority.
C. SUPERVISORY RESPONSIBILITY
1. Supervisory personnel shall
be responsible for maintaining
the Department's high level of
standards• and shall be held
accountable for the performance
of employees under their
immediate supervision.
2. In order to achieve the
basic goals and objectives of
the Fayetteville Police
Department, each supervisor must
effectively direct, coordinate,
and control the performance of
each employee under his
immediate supervision.
3. It shall be the policy of
the Fayetteville Police
Department to assign supervisory
personnel with peripheral
assignments at the order of the
Chief of Police.in addition to
their primary responsibility of
supervising subordinates so that
Department goals and plans are
being performed properly
according to policies and
procedures.
4. The following is a list of
Department supervisory positions
along with a brief synopsis of
responsibilities within
specified programs:
a. Chief of Police
The Chief of Police shall
anticipate the future needs of
the Department; decide what is
to be done, how it may best be
accomplished, and what resources
will be needed for
accomplishment. The Chief of
Police will determine what
policies, procedures, general
orders, rules, regulations, and
directives are necessary for the
organizational maintenance of
the operations of the
Department.
b. Assistant Chief of Police
The Assistant Chief of Police
is authorized to act in the
absence of the Chief of Police
in all matters related to the
Department. The Assistant Chief
shall be responsible for the
administrative support functions
of the Department.
The Assistant Chief of Police
also reviews all aspects of
Department operations and
performance; identifies needs
for change in policies, resource
allocations, or methods of
operation; and prepares program
plans and research reports.
(See Assistant Police Chief job
description in Personnel
Office).
c. Captain
The Captain of the Department
is currently responsible for
building and grounds
maintenance; officers' equipment
(new equipment, firearms,
(12.1.1) Page 2
uniforms, and property storage);
parking coordination; tow
history verification; and acts
as relief supervisor as needed.
(See Police Captain job
description in Personnel
Office).
d. Lieutenant
The Lieutenant(s) of the
Department direct, supervise,
and coordinate operations.of a
specific shift or specialized
unit operation within the
Department. Lieutenant
assignments generally include
administrative work, commanding
officer of a patrol shift,
criminal investigations, and
other supervisory and leadership
assignments. (See Police
Lieutenant job description in
Personnel Office).
g. Sergeant
The Sergeant(s) of the
Department provide front line
supervision of subordinate
personnel on a particular shift
or specialized unit' such as
Detective Division or drug
investigation team. Sergeant(s)
will perform various
administrative functions in
addition to their other duties.
(See Police Sergeant job
description in Personnel
Office). -
D. LAWFUL ORDER OF A
SUPERVISOR
All employees shall promptly and
to the best of their ability
carry out any lawful orders
directed by a supervisor. A
"lawful order" is an order which
officers or employees should
Y,
DIz:�Farc
reasonably believe to be in
keeping with the performance of
their duties.
1. Officers or employees shall
not obey any order which they
know or should know would
require them to commit any
illegal act.
2. Insubordination shall
include conduct directed at a
superior officer which is either
disrespectful, mutinous,
insolent, or abusive in nature.
3. Supervisory personnel shall
retain a proper reserve and
respect in all official
relations with subordinates,
being careful to abstain from
violent or abusive language in
giving orders or direction to
subordinates.
CONFLICTING ORDERS
In' •the event an employee
receives an order which is in
conflict with a previous order,
rule, regulation, or directive,
the employee shall immediately
and respectfully inform the
supervisor issuing the order of
the conflict.
1. If the supervisor does not
alter or retract the conflicting
order, the most recent order
shall stand, and the
responsibility for the conflict
shall be placed on the
supervisor. The employee shall
not be held responsible for
disobedience of the order.
2. The employee shall advise
his immediate supervisor through
departmental correspondence of
the situation surrounding the
(12.1.1) Page 3
conflicting order, and the
supervisor shall resolve the
situation.
3. The Chief of Police shall
be provided a copy •of all
correspondence concerning the
conflicting order and
resolution.
F. STAFF MEETINGS
The Chief of police or his
designee will conduct a staff
meeting at least quarterly.
1. The Chief of Police will
prepare an agenda listing
specific topics for discussion.
2. Time will be set aside at
the end of the staff meeting
for discussing areas of special
interest to staff members.
4. The staff meeting will
include all supervisors and
those individuals whose presence
is deemed necessary.
(12.1.1) Page 4
n
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date Number
12.2.1
Subject
POLICIES, PROCEDURES, & RULES DEVELOPMENT & REVIEW PROCEDURES
Reference I Special Instructions
Distribution Reevaluation Date No.Pages
All Personnel 1 -Year -2-
I.. PURPOSE
The purpose of this directive
is to establish procedures for
development of new or revised
department policies, procedures,
and rules. Departmental
"General Orders" will also be
covered in this policy.
II. POLICY
A. It shall be the policy of
the Fayetteville Police
Department that its members
receive written communications
in an orderly manner so that
accurate information flows
smoothly throughout the
organization. For the purpose
of clarification:
1. A "Policy, Procedure, &
Rule" is a written directive
concerning policies, procedures,
and rules for department
personnel which must be approved
by the governing body of the
municipality (by resolution of
the City Board of Directors).
(Arkansas Code Annotated 14-51-
302).
2. A "General Order" is a
written statement defining in
more specific terms the
procedures for day-to-day
operation of the department.
General Orders are approved and
issued by the Chief of Police
as necessary for maintaining -an
efficient operation. General
Orders are intended to greatly
benefit an officer by giving
more specific details for a
particular subject but
maintaining the spirit of the
more formal Policies,
Procedures, & Rules which
require Board approval.
B. The following method will
be used for review of newly
proposed or revised policies,
procedures and rules.
(12.2.1) Page 1
I':
1. All personnel shall have
the opportunity to review new
or updated policies, procedures,
and rules prior to approval by
the City Board of Directors.
2. It shall be standard
practice for new or revised
policies, procedures, and rules
to be reviewed by the following
entities prior to approval by
the City Board of Directors:
a. City Manager
b. City Legal Staff
c. Civil Service Commis-
sioners
C. The physical format of
policies, procedures, and rules
documents shall all follow a
like format and general
appearance. The , words
"POLICIES, PROCEDURES, AND
RULES" shall appear at the top
of each first page. The format
heading - will also include
designated boxes for the
following:
Effective date
Number
Subject
Reference
Special Instructions
Distribution
Reevaluation Date
No. Pages (Number of pages)
D. The physical format of all
General Orders shall all follow
a like format and general
appearance. The words "GENERAL
ORDER #" shall appear at the top
of each first page. The format
heading will also reserve space
for the following information:
Subject
Cross -Reference
Date Approved by Chief
Name and signature of the
Chief of Police
(12.2.1) Page 2
F
D°•
0
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE,ARKANSAS
POLICIES, PROCEDURES, AND .RULES
Effective Date (Number
26.1.1
Subject
DISCIPLINARY MATTERS 6 PROCEDURES
Reference - (Special Instructions
(See 52.1.1)
Distribution (Reevaluation Date No.Pages
All Personnel -1-Year -4-
I. PURPOSE
Effective discipline is a
positive process when its
perceived purpose is to train
or develop by instruction.
Among the programs having an
impact on discipline in a law
enforcement agency are
selection, training, direction,
supervision, and accountability.
These elements are inter-
dependent, and a weakness in any
one is damaging to effective
discipline. Many standards
bearing on a disciplinary system
are included in other chapters
relating to selection, training,
and direction. Therefore, the
purpose of this directive is to
focus on the accountability
component of a disciplinary
system.
II. DISCUSSION
It shall be the, policy of
the Fayetteville Police Depart-
ment to follow and abide by the
disciplinary policies and
procedures in effect and
addressed in the City's Civil
Service Personnel Policy. An
employee whose work becomes
unsatisfactory should
immediately' be notified by
his/her supervisor in what way
the work is deficient and what
must be done if work performance
is to be judged satisfactory.
An employee who is suspended or
dismissed for unsatisfactory
performance of duties should
normally have received three
warnings. First, an oral
warning from the immediate
supervisor; second, an oral
warning with a follow-up letter
to the employee which sets forth
the points covered in their
discussion; and third, a written
warning from the Department
Chief serving notice upon the
employee that noted deficiencies
must be corrected immediately
in order to avoid disciplinary
action up to and including
(26.1.1) Page 1
IC
R . !
j
1
dismissal. The supervisor must
record the dates of the
discussions with the employee,
the performance deficiencies
discussed and the corrective
actions required.
Nothing in this policy
shall prohibit the Chief of
Police from exercising all
authority granted under Civil
Service Commission Rules and
the Arkansas Code.
A. Compliance With Department
Directives
Officers are expected to
set a proper example to their
subordinates in the matter of
due respect and regard for the
policies, procedures, and rules
in all matters pertaining to
proper discipline.
1. In case of alleged; unjust
treatment in violation of these
policies, procedures, and rules,
any officer may prefer charges
against a superior to the proper
authorities, but failure to
substantiate such charges shall
render the accusing member
liable to disciplinary action.
When any member suspects a
violation of these policies,
procedures, and rules has
occurred, they are to notify the
Chief of Police for
investigation, and may request
results of the findings.
Reporting a suspected violation
confidentially is not a
violation of the policies,
procedures, and rules.
2. The following acts,
infractions, or violations of
the policies, procedures, and
rules shall be deemed sufficient
cause for separation from the
department:
(a) Willful disobedience of
lawful orders.
(b) Disrespect or insolence
toward a superior officer.
(c) Being under the influence
of intoxicants or drugs while
on duty.
(d) Absence without leave.
(e) Incompetency.
(f) Driving any machine or
apparatus of the department
carelessly or maliciously, •in
such a manner as to collide
with, cause personal injury,
damage a vehicle or other
property, or any other wanton
or malicious conduct which
causes injury or damage to a
citizen or property.
(g) Neglect or refusal to pay
just debts.
(h) Agitating or creating
dissension in the department or
attempting in any manner to
cause ill feeling against any
member of the department
including communications
personnel working within our
facility.
(i) Making any false or
unwarranted report, either
publicly or otherwise, about a
member of this department.
3. It shall be the policy of
the Fayetteville Police Depart-
ment that all personnel maintain
sufficient competency to
properly perform their duties
(26.1.1) Page 2
t •
and assume the responsibility
of their positions. Personnel
shall perform their duties in
a manner which will maintain the
highest standards of efficiency
in carrying out the functions
and objectives of the
department. Unsatisfactory
performance may be demonstrated
by:
(a) A lack of knowledge of the
application of laws and
ordinances required to be
enforced.
(b) An unwillingness or
inability to perform assigned
tasks.
(c) The failure to take
appropriate action on the
occasion of a crime, disorder,
or other condition deserving
police attention.
(e) Absence without proper
leave.
(d) Written record of repeated
infractions of policies,
procedures, rules, directives,
or general orders of the
department.
B. Unbecoming Conduct
Officers shall be held
responsible at all times for
conduct unbecoming an officer
of the department which tends
to lower the law enforcement
service in the estimation of the
public. Officers should be
governed by ordinary rules of
good behavior observed by law
abiding and self-respecting
citizens.
1. Any idle, indiscreet, 0r
disrespectful remark(s) to
citizens or. any greeting(s),
conversation(s), or remark(s)
tending to show undue
familiarity with members of the
opposite sex while on duty shall
subject a member to disciplinary
action..
2. Officers are cautioned that
the use of obscene, immoral,
profane or disrespectful
language, agitating and tending
to create dissension in the
department or attempts to cause
undue or unfavorable ref lec-
tion(s) upon any member of the
department, will not be
tolerated. Officers shall not
engage in altercations between
themselves under any circum-
stances.
3. All officers when reporting
for duty shall be completely
attired •in the regulation
uniform as prescribed by the
Chief of Police. Failure to do
so may subject the member to
reprimand or suspension.
C. Use of Alcohol & Drugs
1. No officer of the
department shall have or allow
anyone else to have at any time,
wine, beer, liquor or any other
intoxicating drinks in or around
the police station, except as
directly related to a case or
as evidence item(s). Officers
shall not at any time while on
duty be under the influence of
any wine, beer, liquor, or other
intoxicants of any kind, or
under sickness caused or
produced by the use of such
intoxicants. Any officer
absenting themselves from duty
(26.1.1) Page 3
because of intoxicating drink,
or reporting to duty under its
influence, or in any unfit
condition due to intoxicants or
drugs will be subject to
reprimand, suspension •or
discharge.
D. Acceptance of Gratuities,
Bribes, or Rewards
1. No officer (except when
assigned desk duties inside the
police facility) shall receive
or collect any fine or fines for
parking tickets, other traffic
violations, or any other
offenses whatsoever. Members
shall courteously advise
citizens that all fines are
payable at the Fayetteville
Police Department.
2. No officer shall directly
or indirectly, except by
permission of the Chief of
Police, sell tickets, solicit
any money, circulate any
petitions, subscriptions, or
allow the use of the
department's name for any fair,
exhibition, benefit, or similar
project. In deciding whether
to grant such permission, the
Chief of Police shall not
discriminate against any officer
of the department.Such
permission may be granted if the
activity will not adversely
affect the administration or
management of the department,
or decrease the trust or
confidence of the public.
E. Abuse of Authority
1. No officer shall take,
solicit, retain, receive, or
extort any fee,, property,
reward, gift, compensation, or
SAFT
thing of value or free service
in any form from any person,
firm, or corporation for any
services rendered in the conduct
or performance of the duties as
a police officer.
2. It shall be the policy of
the Fayetteville Police Depart-
ment that its officers shall not
recommend or suggest in any
manner, except in the trans-
action of personal business, the
employment or procurement of a
particular product, professional
service, or commercial service
(such as an attorney, towing
firm, bail bondsman, mortician,
etc.).
F. Use of Force
Refer to Chapter 1.3.1.
G. Proper Care & Maintenance
of Equipment
1. Officers positively shall
not loan any department
equipment or tools, except on
permission of the Chief of
Police or other supervisor.
(26.1.1) Page 4
I
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
41.1.1
Subject
PATROL
Reference
Distribution
All Personnel
I. PURPOSE
Special Instructions
Reevaluation Date
1 -Year
The purpose of this` directive
is to o state policies relating
to the organization, admin-
istration, and operations of the
patrol component of. the
Fayetteville Police Department.
II. POLICY
A. ORGANIZATION AND
ADMINISTRATION
1. Patrol Functions
The primary functions of the
patrol component include the
following:
a. Preventive patrol
(including inquiry and
inspectional activity) oriented
toward prevention of crimes and
accidents, maintenance of public
order, and the discovery of
hazards and delinquency -causing
situations;
b'. Crime
activities;
c. ..'Response
services;
No. Pages
-5-
prevention
to called -for
d. Investigation of crimes,
offenses,• incidents, and
conditions, including arresting
offenders;
e. Traffic direction and
control;
f. Regulation of certain
businesses or activities as
required.by law;
g. Maintenance of public
order;
h. Provision of emergency
services;
i. Development of
relationships between citizens
and the department; and
(41.1.1) Page 1
j. Reporting of information
to appropriate organizational
components. .
2. Patrol Performance
a. The Chief of Police shall
be responsible for reviewing
annual patrol performance
measures.
b. These performance measures
must be. attainable,
quantifiable, and measurable.
3. The Chief of Police will
be responsible for establishing
procedures to ensure positive
communication• between patrol
and other divisions and programs
within the department.
4. Patrol Response
The Fayetteville police will be
available for public service
and emergency call's 24 hours a
day, every day of the week.
5. Officer Assignment
a. The Chief of Police will
be responsible for assigning
officers to a shift.
b. The assignment will be
based on a uniform procedure to
ensure impartiality in the
decision making process.
c. Shift supervisors will be
responsible for beat assignments
and beat rotation schedules.
d. The shift sergeant will be
responsible for field
operations.
e. When determiningdays off
for patrol officers and first
line supervisors, daily workload
requirements and maximum
coverage take priority over
personal preference.
6. Roll Call and Briefing
a. Officers shall attend roll
call and briefing at the
beginning of each shift until
released by the shift
supervisor. Shift roll
call/briefing shall include:
(1) Briefing officers with
information regarding daily
patrol activity, with particular
attention given to unusual
situations and changes in the
status of wanted persons, stolen
vehicles, and major
investigations;
(2) Notifying officers of
potential and actual police
hazards in the area;
(3) Notifying officers of
changes in schedules and
assignments;
(4) Notifying officers of new
or revised policies, procedures,
rules and general orders; and
(5) Evaluating officer
readiness to assume patrol.
7. Patrol officers shall refer
to their unit number in radio
communications.
8. Central dispatch center
will assign the number of units
and beat unit to respond to
certain calls such as:
a. An assault on an officer;
(41.1.1) Page •2
b. On -scene arrest for a
felony or violent misdemeanor;
c. Resistance to arrest;
d. Use of force;
e. A crime in progress; or
f. A fleeing suspect.
9. The Chief of Police shall
determine what calls do not
require the dispatch of an
officer and can be effectively
handled by receiving information
on the telephone.
10. The Chief of Police shall
determine what circumstances
require the presence of a patrol
supervisor at the scene for the
purpose of assuming command.
B. OPERATIONS
1.. Preliminary and Followup
Investigations.
The Chief of Police shall
determine the categories of
crime and incidents that should
receive preliminary
investigation or followup
investigations by patrol
officers.
2. Field Interviews
Patrol personnel will document
all field interviews to provide
other officers and detectives
with information concerning
suspicious persons.
3. Officer Access to Radio
Communications
a. When possible, all patrol
officers shall be equipped with
a portable radio and/or a
mobile radio unit.
b. Patrol officers shall
utilize the 10 -code in keeping
each other, supervisors, and
dispatchers informed of
locations, the nature or status
of a call, and developments in
an investigation.
10-1
Receiving poorly
10-2
Receiving well
10-3
Stop transmitting
10-4
Message received okay
10-5
Relay
10-6
Busy
10-7
Out of service
10-8
In service
10-9
Repeat
10-10 Out of service - subject
to call
10-i1 Dispatching too rapidly
10-12 Officials or visitors
present
10-13 Advise road and weather
conditions
10-14 Convoy or escort
10-15 We have prisoner in
custody
10-17 Pick up papers at
10-19 Return to your station
10-20 What is your location
10-21 Call by telephone
10-22 Disregard last
information
10-23 Standby - interference
10-24 Trouble at All
units report to
10-25 Do you have contact with
10-27Any answer our number
10-28 Check full registration
10-29 Check for wanted
10-30 Does not conform to rules
and regulations
10-31 Is polygraph available
(41.1.1) Page 3
Ll
10-32 Need gas chromatograph The canine units provide
test a special tactical function in
10-33 Emergency traffic at this the detection of suspects,
station evidence, or contraband believed
10-35 Confidential information , to be at or near the scene of
10-36 Correct time a crime. (See Chapter 41.2.17).
10-37 Dispatcher on duty
10-42 Officer now at his 7. Telephone/Current Address
home Information Required
10-50 Traffic check or no
traffic All members of the police
10-51 NCIC inquiry department are required to have
10-52 Negative NCIC return a working telephone and to keep
10-53 Positive NCIC return the department advised of the
10-63 Net directed current telephone number.
10-64 Net free Likewise, all members are to
10-81 Officer is out at required to provide the
police station department with current address
10-88 What is the phone, number information. Any changes in
10-97 Arrived at scene phones numbers or address shall
10-98 Finished last assignment be immediately reported to
10-100 Bathroom immediate supervisors who should
immediately provide them with
4. Uniforms the department approved form.
The completed forms will be
a. Officers will abide by the submitted to the office of the
uniform procedures established Chief of Police.
by the Chief of Police. All
members of the department shall 8. When any member of the
be required to present at all department is unable to report
times a neat, clean, well- for duty on account of sickness
groomed appearance. When or injury, such fact shall be
reporting for duty, the member's promptly reported to the Chief,
shoes or boots shall have been Assistant Chief, Captain, or any
shined, trousers shall be on -duty supervisor.
pressed and _ shirts shall look
neat. 9. Every full-time member of
the department shall devote
b. They will each be furnished their whole time to the business
• an annual uniform allowance in of the department and is
an amount approved by the City expressly prohibited from being
Board. employed in or giving their
personal attention to any other
5. Uniformed officers shall business except with the
wear a bullet resistant vest at permission of the Chief of
all times unless specifically Police. The Chief shall apply
exempted by the Chief of Police, the following areas when
considering a request for extra
6.• Canine Units outside employment:
.,. (41.1.1) Page 4
-. ' ]ID _.&I/] jj
s r
(a) Is there a conflict of
interest?
(b) Will there be a decrease •
in trust and confidence from the
public?
(c) Will the outside employment
interfere with the regular
duties of the employee.
(d) Are there any liability
concerns?
(41.1.1) Page 5
FAYETFEVILLE POLICE DEPARTMENT
FAYETnEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
41.2.8
Subject
VEHICULAR PURSUIT
Reference I
Special Instructions
Distribution Reevaluation Date INo.Pages
All Personnel 1 -Year -5-
I. PURPOSE
The purpose of this policy
is to state the guidelines to
be followed during vehicular
pursuit. (Note: In instances
where there is no Field
Supervisor on -duty, the wording
"Shift Supervisor" applies
throughout this policy.)
II. POLICY
Vehicular pursuit of
fleeing suspects presents a
danger to the lives of the
public, officers and suspects
involved in the pursuit. It is
the policy of this department
to protect all persons' lives
to the extent possible when
enforcing the law. In addition,
it is the responsibility of the
department to assist officers
in the safe performance of their
duties. To effect these
obligations, it shall be the
policy of the department to
narrowly regulate the manner in
which vehicular pursuit is
undertaken and performed.
III. DEFINITION
A. Vehicular Pursuit: An
active attempt by an officer in
an authorized emergency vehicle
to apprehend fleeing suspects
who are attempting to avoid
apprehension through evasive
tactics.
IV. PROCEDURES
A. Initiation of Pursuit
1. The decision to
initiate pursuit must be based
on the pursuing officer's
conclusion that the immediate
danger to the public created
by the pursuit is less than the
immediate or potential danger
to the public should the suspect
remain at large.
(41.2.8) Page 1
iall
-.a
.
i
`^
, .�
•
2. Any law enforcement
officer in an authorized
emergency vehicle may initiate
a vehicular pursuit when ALL of
the following criteria are met:
a. The'suspect exhibits
the intention to avoid arrest
by using a vehicle to flee
apprehension for an alleged
felony or misdemeanor that would
normally require a full custody
arrest;
b. The suspect operating
the vehicle refused to.stop at
the direction of the officer;
and
c. The suspect, if
allowed to flee, would present
a danger to human life or cause
serious injury.
3. The pursuing officer
shall consider the following
factors in determining whether
to initiate pursuit:
a. The performance
capabilities of the pursuit
vehicle;
b. The condition of the
road surface upon which the
pursuit is being conducted;
C. The amount of
vehicular and pedestrian traffic
in the area; and
d. Weather conditions
B. Pursuit Officer
Responsibilities
1. The pursuing officer
shall immediately notify
communications center personnel
.. .
that a pursuit is underway. The
officer shall provide
communications personnel with
the following information:
a. Unit identification;
b. Location, speed and
direction of travel of the
fleeing vehicle;
c. Description and
license plate number, if known,
of the fleeing vehicle;
d. Number of occupants
in the fleeing vehicle, and
descriptions, where possible;
and
e. Reasons supporting the
decision to pursue.
2.Failure to provide
this information to
communications personnel may
result in an immediate decision
by a field supervisor assigned
to monitor the pursuit to order
its termination.
3. The primary pursuit
unit shall reduce the level of
pursuit to that of support or
backup unit where:
a. Another vehicle has
been assigned primary pursuit
responsibility.
4. Any primary or backup
unit sustaining damage to, or
failure of essential vehicular
equipment during pursuit shall
not be permitted to continue in
the pursuit. The unit shall
notify communications so that
another unit may be assigned to
the pursuit.
(41.2.8) Page 2
•
C. Communications Center
Responsibilities
1. Upon notification that
a pursuit is in progress,
communications personnel shall
immediately advise a field
supervisor of essential
information regarding the
pursuit.
2.
personnel
following
responsib
pursuit:
Communications
shall carry out the
activities and
ilities during the
a. Receive and record all
incoming information on the
pursuit and the pursued vehicle;
b. Control all radio
communications and clear the
radio channels of all non -
emergency calls;
c. Obtain criminal record
and vehicle checks of the
suspects;
d. Coordinate and
dispatch backup assistance and
under the direction of the field
supervisor; and
e. Notify neighboring
jurisdictions, where practical,
when pursuit may extend into
their locality.•
D. Field Supervisor's
Responsibilities During
Vehicular Pursuit
1. Upon notification that
a vehicular pursuit incident is
in progress, the field
supervisor shall assume
responsibility for the
monitoring and control of the
pursuit as it progresses.
2. The field supervisor
shall continuously review the
incoming data to determine
whether the pursuit should be
continued or terminated.
3. In controlling the
pursuit incident, the field
supervisor shall be responsible
for coordination of the pursuit
as follows: .
a. Directing pursuit
vehicles into or out of the
pursuit;
b. Redesignation of
primary, support or other backup
vehicle responsibilities;
c. Approval or
disapproval, and coordination
of pursuit tactics; and
d. Approval or
disapproval to leave
jurisdiction to continue
pursuit. -
4. The field supervisor
may approve and assign
additional backup vehicles to
assist the primary and backup
pursuit vehicles based on an
analysis of:
a. The nature of the
offense for which pursuit was
initiated;
b. The number of suspects
and any known propensity for
violence;
c. The number of officers
in the pursuit vehicles;
(41.2.8) Page 3
DR U
d. Any damage or injuries
to the assigned primary and
backup vehicle or officers;
e. The number of officers
necessary to make an arrest at
the conclusion of the pursuit;
and
f. Any other clear and
articulable facts that would
warrant the increased hazards
caused by numerous pursuit
vehicles.
E. Traffic Regulations During
Pursuit
1. Each unit authorized
to engage in vehicular pursuit
shall be required to activate
headlights and all emergency
vehicle equipment prior to
beginning pursuit.
2. Officers
pursuit shall at all
in a manner
reasonable care for
of themselves and
persons and property
pursuit area.
engaged in
times drive
exercising
the safety
allother
within the
3. Officers are permitted
to suspend conformance with
normal traffic. regulations
during pursuit as long as
reasonable care is used when
driving in a manner not
otherwise permitted, and the
maneuver is reasonably necessary
to gain control of the suspect.
F. Pursuit Tactics
1. Unless expressly
authorized by a field
supervisor, pursuit shall be
limited to the assigned primary
and backup vehicles. Officers
are not otherwise permitted to
join the pursuit team, or follow
the pursuit on parallel streets.
2.
intentic
to bump
vehicle
vehicle
or in a
Officers may not
rnally use their vehicle
or ram the suspect's
in order to force the
to a stop off the road
ditch.
3. Departmental policy
pertaining to use of deadly
force shall be adhered to during
the pursuit.
G. Termination of Pursuit
1. A decision to
terminate pursuit may be the
most rational means of
preserving the lives and
property of both the public and
the officers and suspects
engaged in pursuit. Pursuit may
be terminated by the pursuing
officer, the field supervisor
or chief executive officer of
the department.
2. Pursuit shall be
immediately terminated in any
of the following circumstances:
a. Weather or traffic
conditions substantially
increase the danger of pursuit
beyond the worth of apprehending
the suspect;
b. The distance between
the pursuit and fleeing vehicles
is so great that further pursuit
is futile; or
c. The danger posed by
continued pursuit to the public,
the officers or the suspect is
greater than the value of
apprehending the suspect's).
(41.2.8) Page 4
SUET
3. The pursuing officer
shall relay this information to
communications personnel along
with any further information
acquired which may assist in an
arrest at a later date.
H. Interjur.isdictiona1
Pursuits
1. The pursuing officer
shall notify communications when
it is likely that a pursuit will
continue into a neighboring
jurisdiction, or across the
state line.
2. Pursuit into a
bordering state shall conform
with the department's
interjurisdictional pursuit
agreement, if existent, and
state law.
I. The field supervisor shall
prepare a comprehensive analysis
of the pursuit, and forward it
to the chief executive officer
of the agency.
(41.2.8) Page 5
DD° 7
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
41.2.11
Subject -.
USE OF DEPARTMENT VEHICLES/EQUIPMENT; AUTHORIZED PASSENGERS
Reference (Special Instructions
Distribution (Reevaluation Date No.Pages
All Personnel 1 Year -2-
The purpose of this
directive is to state policies
concerning the use of department
owned, leased, or operated
vehicles.
II. POLICY
A. Officers and employees of
this department shall not abuse
or misuse departmental vehicles
and equipment. No employee will
alter department vehicles or
equipment except in the course
of repairing the vehicles or
equipment.
B. TAKING VEHICLE OUTSIDE CITY
LIMITS '
Operators of department
vehicles are prohibited from
taking the vehicle outside the
city limits of Fayetteville
without obtaining , prior
permission from the shift
supervisor, Chief, Assistant
Chief, or the Captain. An
exception to this rule is
granted when an officer is in
pursuit of a violator or on some
emergency run. Under emergency
circumstances there is an
"implied permission" for leaving
the city limits. However, as
the officer is leaving the city
limits, the Central Dispatch
Center (CDC) is to be notified,
who in turn is to immediately
notify the shift supervisor.
The shift supervisor is to
immediately notify the officer
whether permission is granted
or whether the officer is to
return to the city limits.
1. In all cases involving the
use of department vehicles
outside the city limits, the
operator of the vehicle is to
radio the CDC as they are
leaving the city limits and
radio the CDC when they return
to the city limits.
(41.2.11) Page 1
2. •Detective Division
personnel and all officers with
home -storage units shall be
exempt from notifying the CDC
when they are - leaving or
returning to the city limits.
C. RIDERS IN POLICE CARS
No person or persons shall
be permitted to ride in a
department vehicle with an
officer without approval of one
of the department's supervisory
personnel. This prohibition
shall not apply to officers from
other departments, persons in
custody, persons being assisted,
persons assisting the officers,
members of the judicial system
or other city employees on
official business.
U
p.
(41.2.11) Page 2
I
IuNAi r
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
41.2.13
Subject
SEATBELT USAGE
Reference
Distribution
All Personnel
I. PURPOSE
Special Instructions
Reevaluation Date
1 Year
The use of seatbelts can
have a significant effect in
reducing the number of deaths
and the severity of injuries
resulting from traffic
accidents. Occupant safety
restraining devices are also an
important factor in assisting
officers in maintaining control
of their vehicles during pursuit
or emergency high-speed
operations. The purpose of this
directive is to establish rules
for use of occupant safety
restraining devices in
department vehicles.
II. POLICY
A. All personnel operating,
or riding in; city owned,
leased, or operated vehicles
must use available safety belt
systems while the vehicle is in
motion.
No. Pages
-2-
1. Non -employees riding as
passengers in city owned,
leased, or operated vehicles
must use available safety belt
systems while the vehicle is in
motion.
2. It shall be the
responsibility of the employee
driving the city vehicle to see
that all passengers utilize
available safety belt systems
while the vehicle is in motion.
3. Vehicles with non -operable
safety belts on the driver's
side shall not be driven by
employees unless the purpose of
driving is to deliver . the
vehicle for safety belt repair.
Vehicles with non -operable
safety belts in other seating
positions shall not transport
passengers in those seating
positions. It is the
responsibility of the driver of
the vehicle to report any safety
belt defect to their immediate
(41.2.13) Page 1
•
supervisor and to complete any
required vehicle repair forms.
4: Exemptions: This policy
shall not apply to persons
occupying a seating position not
equipped with a safety belt
assembly,or to any officer
possessing a written indication
from a physician or the Chief
of Police stating medical or
physical reasons prevent the
officer from using the safety
belt system.
(a) In the event a violent or
otherwise uncooperative prisoner
is placed in a city vehicle, the
officer simply directing the
prisoner to wear the safety belt
shall be considered compliance
with this policy (even if the
prisoner refuses to comply).
(b) It is recognized that other
safety considerations may
outweigh strict compliance
concerning the use of safety
belts. During the few seconds
of time just before a vehicle
comes to a complete stop, as
during a traffic stop, or
arrival at an emergency call,
it is permissible for officers
to unbuckle the safety belt in
preparation for exiting the
vehicle.
(c) Undercover officers in the
furtherance of an official
investigation are exempt from
this policy if in their opinion
such compliance could jeopardize
their undercover capacity or the
investigation.
(41.2.13) Page 2
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
D ff
POLICIES, PROCEDURES, AND RULES
Subject
CANINES
Reference
Distribution
All Personnel
I. PURPOSE
Effective Date (Number
41.2.17
Special Instructions
(Reevaluation Date
1 Year
The purpose of this directive
is to establish policy
concerning the use of K-9 teams.
The K-9 unit of the Fayetteville
Police Department provides a
special striking and crime
deterrent force. It assists the
police officer in suppressing
crime and makes available the
services of trained K-9 teams
to detect and search out low
violations.
II. POLICY
A. TRACKING:
1. A canine can track a human
scent providing conditions are
suitable for tracking.
(a) At the scene of a burglary.
(b) At the scene of a robbery.
(c) For recently abandoned
stolen vehicles or other
No. Pages
-4-
vehicles where the suspected
felon(s) have fled.
(d) For locating lost persons,
e.g. small children or elderly
walkaways.
There are various locations
where the officer needs a canine
track and there are certain
things the officer(s) at the
scene can and should do to help
the K-9 team.
1. The officer should have a
good starting point and know the
direction the suspect fled.
2. The officer should keep all
other officers and citizens away
from the area where the track
begins. THIS IS VERY IMPORTANT!
3. Resp
officer(s)
general
suspect(s)
is the key
team on a
onding backup
should seal off the
area where the
have been seen. This
to starting the K-9
successful track and
(41.2.17) Page 1
p
J +. • • (',1111 11'111�J\I`,1/'/',/(11111h 1'',^�y`\I`� ��./'-u//`.���``````
/ � • J • I V Y limo Y�
hopefully a successful
apprehension.
4. A supervisor should assign
an additional officer to provide
assistance and cover for safety
of the K-9 team during the
track. He should instruct the
assisting officer to stay far
enough behind the handler to
prevent him from interfering
with the track. The assisting
officer should keep other
officers informed on the K-9
team's direction of travel and
their location.
B. BUILDING SEARCH:
1. Canines search a building
by using their natural abilities
(sense of smell and hearing).
The canine will be turned loose
on all building searches,
therefore. officers should not
enter the buildings during the
search. The assisting officers
should secure all the exits to
the building, if possible.
2. When an officer arrives at
a building that is to be
searched by the canine, the
officer should:
(a) Secure the building making
sure all the exits are covered.
(b) No officer(s) should enter
the building until the K-9 team
has finished searching and the
canine has been kenneled in the
police unit.
(c) Officers should be aware
the longer the suspect is in the
building before the search
starts, the stronger the human
scent will become in the
building. This will make the
search much
canine. If
properly sect
need to worry
inside.
easier for the
the building is
fired, there is no
about the suspect
C. • OPEN FIELD SEARCH:
The open field search is
used when a suspect is hidden
in a large fenced -in area, or
has fled into a large open
field. The canine is turned off
the leash where he uses his
sense of smell to seek out the
suspect. The canine will
apprehend on the find. Officers
securing the area must stay out
of the search area or they may
receive a dog bite.
1. When there is a need for
a canine to search an area, the
officers at the scene should:
(a) Secure the area to be
searched, making sure the
suspect does not escape before
the K-9 team arrives.
(b) Keep all officers and
citizens out of the area to be
searched until the canine is
returned to the police unit or
put on a leash. The K-9 officer
can make a recommendation when
he feels the area to be search
is too contaminated to warrant
initiating or continuing a
search.
D. CHASE
The chase involves the
releasing of the canine for the
actual chase of the fleeing
criminal. Any avenue of escape
can be covered by the canine
while attempting to arrest or
capture a felony suspect. The
(41.2.17) Page 2
• .:
fiflhl
field supervisor needs to simply
place the K-9 team at the point
where he feels it is needed
during the arrest.
E. CROWD CONTROL
Canines can be used very
effectively for the control of
an unruly crowd and the breaking
up of free-for-all fights.
Before canines can be used in
the controlling a crowd, a
clearance must come from the
senior supervisor on -duty at the
time the need arises. In the
event the decision is made to
use the canines in a crowd
control situation, the
supervisor shall contact the
Chief, Assistant Chief, or
Captain as soon as possible
thereafter and inform them of
the situation.
F. INJURIES CAUSED BY CANINES
Any person who is injured
by the Canine will be taken to
the hospital for treatment. If
the person refuses treatment,
this refusal will be made at the
hospital. The K-9 officer will
make a written report of all
injuries any time the canine is
responsible for injuries. This
report, and a photograph of the
injury (if possible), will be
forwarded to the Chief of
Police.
G. APPREHENSIONS BY K-9 TEAMS
After the apprehension is
made by the K-9 team, the K-9
officer has been instructed to
turn the prisoner over to the
officer assigned to the original
call. •This officer will
transport and book the prisoner.
This allows the K-9 officer to
stay in the field instead of
spending time at the station and
it allows for assistance to
other officers, if needed.
Under no circumstances will
prisoners be transported in K-
9 police units (with the canine
present), unless specifically
granted authority to do so on
a case -by -case basis by a
supervisor. All supervisors
must be prepared to present
compelling circumstances when
granting such authority.
H. COMMAND TO APPREHEND
• The command to apprehend
or defend the handler, or
others, will not be given except
in life threatening situations,
large crowd control, or in a
situation where the K-9 officer
perceives a grave injury to
himself or others.
NARCOTICS DETECTION
1. The canines may be used in
the detection of narcotics.
J. BOMB DETECTION
1. The. canines may not be used
in the detection of bombs or
other explosive devices, unless
the particular K-9 team is
certified in bomb detection.
K. GENERAL PROVISION
1. In instances where the
canines are being used inside
the city with no supervisor on
scene or in control by radio
communications, assisting
officer(s) should generally
follow the instructions •of the
K-9 officer.
(41.2.17) Page 3
r .
i-_" 5 • .. •
l l s i
•
K. REQUEST FOR ASSISTANCE
Request for assistance from
another agency will be directed
to the shift supervisor before
assistance is given. If the
shift supervisor dispatches a
canine team outside the city
limits, the Chief, Assistant
Chief, or the Captain needs to
be notified. In cases where the
canines are sent outside our
jurisdiction, a supervisor will
accompany the K-9 team. Canine
assistance to other agencies
shall generally be restricted
to felony bases only but may be
used in missing persons/lost
children incidents, when
circumstances warrant.
.
•
(41.2.17) Page 4
f
•. i
j u
• • I
D
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject
JUVENILEOPERATIONS
Reference
Distribution
All Personnel
I. PURPOSE
The
directive
policies
processing
and victia
Effective Date (Number
44.1.1
Special Instructions
Reevaluation Date
1 Year
purpose of this.
is to establish
concerning the
of juvenile • offenders
S.
II. POLICY
A. ORGANIZATION AND
ADMINISTRATION
The Fayetteville Police
Department is committed to the
development and perpetuation of
programs designed to prevent and
control juvenile delinquency and
victimization.
1. The Fayetteville Police
Department shall assign at least
one member to duties associated
with juvenile matters. The
officer assigned to juvenile
duties shall report to the
supervisor in charge of, Crime
Prevention and Training.
No. Pages
-3-
2. The responsibility of
juvenile operations and
delinquency prevention efforts
is to be shared by all agency
personnel and not just limited
to the responsibility of the
juvenile officer. In
particular, all patrol officers
should familiarize themselves
in proper handling of juvenile
problems, both criminal and
noncriminal.
B. OPERATIONS
1. Taking Juvenile Into
Custody
(a) A juvenile may be taken
into custody without a warrant:
(1) Pursuant to an order of
the court under Arkansas Code
§ 9-27-301 (Act 273 of 1989);
or
(2) By a law enforcement
officer without a warrant under
circumstances as set forth in
(44.1.1) Page 1
Arkansas Rules of Criminal
Procedure 4.1 (also see Policy
1.2.1); or
(3) By a law enforcement
officer or by a duly authorized
representative of the Department
of Human Services if there are
clear, reasonable. grounds to
conclude that the juvenile is
in immediate danger and that
removal is necessary to prevent
serious harm from his
surroundings or from illness or
injury and if parents,
guardians, or others with
authority to act are unavailable
or have not taken action
necessary to protect the
juvenile from the danger and
there is not time to petition
for and obtain an order of the
court prior to taking the
juvenile into custody.
2. Alternatives to Arrests of
Juveniles for Delinquent
Acts
(a) Officers making contact
with a juvenile who has
committed a delinquent act which
does not involve a victim,
(i.e.,: loitering, etc.) or an
act whose victim does not wish
to press charges may use
alternatives to arrest.
(b) Alternatives to arrest
include: verbal warning,
referral to the juvenile
officer, and conference with
the juvenile's parent(s) or
guardian.
(c) If alternatives to arrest
are employed, it is not
necessary to contact any
officials with the juvenile
court system.
3. Taking a Juvenile into
Custody - With or Without
a Warrant
(a) No juvenile shall be
incarcerated in the Fayetteville
City Jail.
(b) The officer should always
attempt to make contact with
the parent(s) or legal guardian
of any juvenile taken into
custody and advise them of the
situation.
(c) When a juvenile is taken
into custody the officer should
also contact the juvenile intake
officer of the Washington County
juvenile court to discuss terms
and conditions of release.
(d) An alternative to taking
a 'juvenile into custody is
release of the juvenile through
the use of a uniform traffic
ticket/citation or an Arkansas
Criminal Citation.
(e) Traffic Offenses
(1) It is unnecessary to
contact the juvenile intake
officer when a juvenile is taken
into custody for a traffic
offense or a warrant originating
from a traffic offense.
(2) If a juvenile is taken into
custody for a warrant on a
traffic offense from another
jurisdiction, the jurisdiction
which issued the warrant should
immediately be contacted to
determine conditions for
release. If the juvenile cannot
be immediately released, the
juvenile detention center should
be contacted.
(44.1.1) Page 2
Taking a Juvenile into
Custody - Protective
Reasons
(a) An officer may take into
custody any "Dependent -neglected
juvenile". "Dependent -neglected
juvenile" means any juvenile who
as a result of abandonment,
abuse, sexual abuse, sexual
exploitation, neglect, or
parental unfitness is at
substantial risk of serious
harm.
(b) Any officer, taking a
juvenile into custody as a
"Dependent -neglected juvenile"
should immediately contact the
Washington County Department of
Human Services and the juvenile
intake officer. Custody of the
juvenile will then be
transferred to the Washington
County Department of Human
Services.
(44.1.1) Page 3
.
• �...y . l . . ( t1
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
46.1.1
Subject
UNUSUAL OCCU
Reference
Distribution
All Personnel
I. PURPOSE
Special Instructions
Reevaluation Date
1 -Year
Unusual occurrences such as
natural and manmade disasters
that endanger life and property
will be responded to by the
joint efforts of police, fire,
and emergency services in the
Washington County area. This
is in accordance with Arkansas
Emergency Services Act 511 of
1973.
The purpose of this policy is
to provide the Fayetteville
Police Department with a policy
of program planning to respond
to such emergencies.
II. POLICY
A. THE FAYETTEVILLE
NOTIFICATION PLAN
1. The. F a y e t t e v i l l e
Notification Plan provides
emergency notification for the
following City division heads:
a. Fire Chief;
b. Police Chief;
c. Public Works;
No. Pages
-3-
d. Central Dispatch;
e. Fayetteville Municipal
Airport;
f. Washington County Emergency
Services;
g. Washington County Sheriff's
Department, and;
h. All local public utilities.
2. The Chief of Police will
be the Department representative
in the Fayetteville Notification
Plan.
3. The Chief of Police shall
be responsible for contacting
representatives of the public
utilities.
(46.1.1) Page 1
x
4. The Fayetteville Police
Department will support local
emergency operations by
maintaining law and order during
disaster situations.
5. The Chief of Police shall
be responsible for planning
police assistance to emergency
workers, controlling crowds,
and directing movement of
emergency vehicles.
B. Washington County Emergency
Services is the official warning
agency for Washington County and
will notify the Fayetteville
Police Department of any
disaster situations.
C. All directions on public
information releases are the
responsibility of'the Chief of
Police.
D. The Chief of Police shall
meet at least annually with
other City division heads and
members of the Washington County
Emergency Services to review and
update emergency contingency
plans.
E. Emergency response
management planning shall be
the responsibility of the Chief
of Police. The Chief of Police
shall report to and advise the
City Manager of police
operations during emergencies.
F. It shall be the policy of
the Fayetteville . Police
Departmentto provide a
contingency plan for the safe
and orderly evacuation of people
exposed to threat of natural or
manmade disaster.
G. The Chief of Police shall
be responsible for coordinating
Department emergency response
activities with other agencies.
Together, these agencies are
involved in a total evacuation
plan for Washington County.
III. RULE
A. DECLARED EMERGENCY
It shall be the policy of the
Fayetteville Police Department
to have an automatic recall of
all uniformed and non -uniformed
personnel in the event of an
emergency requiring extra
manpower.
1. Shift supervisors on duty
at the time the emergency is
declared will be responsible
for contacting off -duty
officers.
2. Off -duty officers will
report directly to the police
department in uniform
immediately after notification.
B. DANGEROUS WEATHER
1. It shall be the
responsibility of the Chief of
Police to ensure that precau-
tions are taken to secure the
safety of police department
personnel and property in the
event of tornados or severe
storms.
2. It shall be the policy of
the Fayetteville Police
Department to prepare for
dangerous weather by
implementing a recall of off -
duty officers.
3. It shall be the policy of
the Fayetteville Police
(46.1.1) Page 2
!AFT
Department to properly maintain
emergency equipment in a state
of readiness.
4. During dangerous weather,
shift supervisors will make
necessary adjustments to patrol
operations to handle emergency
calls. -
5. Officers will avoid
dangerous situations unless
acting to save citizens. from
threat of injury or death.
C. TOXIC SPILLS
1. In the event of a toxic
spill the Chief of Police will
coordinate an evacuation plan
with the Fire Chief.
2. The Fire Chief will give
the police direction in planning
a safe route of transportation
of people 'and traffic from the
affected area.
D. DISABLED AIRCRAFT
When a disabled
attempting to ]
airport, or when
has crashed,
supervisor will
contact the Chief
aircraft is
and at the
an aircraft
the shift
immediately
of Police.
1. Immediately upon
notification that an aircraft
has crashed, officers with beat
assignments which include the
airport will respond to the
scene to assist emergency
vehicles through traffic.
2. No vehicles other than fire
or ambulance will go onto the
runway without permission from
the tower. Permission .may be
obtained from the. Fire Chief.
E. CIVIL DISORDER
It shall be the policy of the
Fayetteville Police Department
to respond to nonviolent civil
disorders and .demonstrations
and other activities in a non -
confrontational manner.
1. The shift supervisor in
charge will immediately report
civil disorder incidences to
the Chief of Police.
2. When possible, the shift
supervisor should evaluate the
feasibility of any arrests at
civil disorders.
3. An officer will be placed
in charge of booking all arrests
in an area near the scene of the
disturbance. This officer shall
be in charge of keeping all
evidence and property that may
arise out of the disturbance.
4. The officer in charge of
booking may use a Polaroid -type
camera and will attempt to
photograph all arrestees and
attach the photographs to the
arrest report to avoid later
confusion over identity of an
arrestee.
5. Arrestees will be processed
and held in a secure area to
await transportation to the
designated holding facility.
(46.1:1) Page 3
•
.
•
.1
DDS
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE,ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
47.1.13
Subject
BOMB THREATS AND EXPLOSIVE DEVICES
Reference Ispecial Instructions
Distribution
All Personnel
I. PURPOSE
Reevaluation Date
1 Year
The"• purpose of this
directive is to establish the
department's response procedures
to locations of bomb threats and
suspected explosive devices.
II. POLICY
When an officer is
dispatched to the scene of a
reported bomb or located
explosive device, the officer
will respond in such a manner
so as not to create panic or
attract undue attention. Upon
entering the area of the
reported bomb threat or where
an explosive device has been
found, the officer will exercise
extreme caution when making
transmissions on the radio to
prevent causing an accidental
detonation.
A. The officer should never
take the authority to evacuate
or close a residence, place of
No. Pages
-2-
business or public facility in
the event of. a bomb threat.
This decision should be made by
the owner, manager, or person
in immediate charge of the
residence, business, or public
facility.
B. Upon request, the officer
should make a cursory search of
the place where the suspected
bomb or explosive device is
supposed to be located. In
conducting such a search, the
officer should have his personal
safety and the safety of other
persons in the immediate
vicinity utmost in his mind. .
C. In the event a bomb or
explosive device is located, the
officer should:
1. Have all persons vacate the
area where the bomb or explosive
device is located and move to
an area which would provide
protection from flying glass and
debris.
` (47.1.13) Page 1
_
Y
2. The officer should never
touch or attempt to move the
bomb or explosive device.
3. The officer should contact
the Central Dispatch Center
(CDC) and shift supervisor who
should request assistance from
the Fayetteville Fire
Department, Fort Smith Police
Department bomb disposal
officer, and/or the Pine Bluff
Arsenal, if necessary.
D. In the event a bomb or
explosive device is found, the
shift supervisor will be
notified and should cause a
supervisor to go immediately to
the scene.
E. The officer should not make
the decision to declare any
residence,' place of business,
or public facility as safe to
occupy. This decision shall be
made by the owner, manager, or
person in immediate charge of
the residence, business, or
facility.
(47.1.13) Page 2
FAYETTEVILLE POLICE DEPARTMENT
FAYElit VILLE,ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
Subject
OFFICE OF PROFESSIONAL STANDARDS (OPS)
Reference
Distribution
All Personnel
I. PURPOSE
52.1.1
Special Instructions
Reevaluation Date
1 Year
To create and maintain an
environment conducive to
efficient reception and
resolution of citizen complaints
against police department
personnel or general procedures
used by the department.
To establish written procedures
for the . administration and
operation of internal
investigations.
Such procedures will promote
positive discipline and provide
for' the prompt and thorough
investigation of alleged or
suspected misconduct of
department personnel.
II. DISCUSSION
A police department- is often
evaluated and judged by the
conduct of individual members.
While the public has a right to
expect efficient, fair, and
No. Pages
-5-
impartial law enforcement,
employees must be protected
against false allegations of
misconduct.
The Office of Professional
Standards will be charged with
the responsibility of following
department operational
procedures in processing,
investigating, and recording
citizen complaints against the
department or its employees.
III. ORGANIZATION
The Office of Professional
Standards will serve to assist
all command personnel in regard
to investigations of alleged
misconduct of sworn or civilian
employees.
The Chief will select all
personnel of the Office of
Professional Standards and
designate a head of OPS.
(52.1.1) Page 1
OPS assigned personnel will
report directly to the Chief of
Police on OPS matters and will
pursue their responsibilities
under the direction of the Chief
of Police.
If investigations discover
personnel who are engaging in
serious acts of misconduct, or
who have demonstrated they are
unfit for law enforcement,
information pertaining to the
investigation will be reported
directly to the Chief of Police
by the head of the OPS.
IV. POLICIES
A. Officers selected for
assignment to OPS must have
demonstrated in their previous
performance a high degree of
investigative skills. The
officer•should have a personnel
record clean of serious
complaints. The officer should
be familiar with state codes,
and department policies and
procedures related to internal
affairs.
B. Receipt of Complaints
1. Nothing in this policy
shall prohibit any citizen from
exercising any additional rights
or procedures outlined in
Fayetteville Civil Service
Commission Rules 5:09 and 5:10.
a. All complaints against the
employees or department are to
be initially directed to any
supervisor on duty.
(1) Exceptions - Complaints
will not be received and/or
logged concerning summons issued
or arrests made which have not
been adjudicated in a court of
law unless the complainant
alleges misconduct or illegal
activity by the officer. The
simple dislike of a charge or
feeling of innocence does not,
by itself, justify the formal
filing of a complaint against
any officer performing his
duties.
2. Upon receipt of a
complaint, the supervisor shall
provide the complaining party
a "Fayetteville Police
Department OPS Complaint Form."
a. Supervisors may encourage
phone complainants to come to
the police station to complete
the complaint form but must
understand it is not mandatory
for the complainant to do so.
b. In the event a complainant
refuses to come to the police
department, the supervisor
should take the information and
complete the form themselves.
The supervisor should so note
the complainant's refusal.
c. Supervisors are not
prohibited from going to a
complainant's. location to
complete the OPS Complaint Form.
3. Complaint forms will also
be completed on anonymous
complaints and forwarded to the
Chief of Police.
a. Discipline shall not be
taken against any officer solely
on the basis of an anonymous
complaint. Before any
discipline occurs, a case would
have to be substantiated through
investigation.
(52.1.1) Page 2
4• Supervisors will explain
to the complainant the process
of completing the OPS Complaint
Form.
a• Upon
who have
Complaint
a photoco]
complaint
request, complainants
completed an OPS
Form are entitled to
�y of their completed
form at no charge.
5. Supervisors shall enclose
completed complaint forms in a
sealed envelope and clearly mark
the envelope with the wording
"CHIEF OF POLICE - COMPLAINT
ENCLOSED". The envelope should
either be delivered to the Chief
of Police or to his office by
8:00AM the following weekday.
6• After review of the
complaint, by the Chief of
Police, the complaint will be
forwarded to the head of OPS for
logging and assignment for
investigation.
7. Supervisors will avoid
exposing the content or subject
of a completed complaint form
to anyone until the matter is
resolved or directed by the
Chief of Police to discuss the
matter.
C. Records Security and
Storage
1• All records pertaining to
an internal investigation will
be kept in confidentiality and
stored in a locking file
accessible only to the Chief of
Police and the head of OPS.
2. OPS investigative files
shall be purged after three (3)
years, unless ordered, prior to
a purge period, by a court of
competent jurisdiction to
maintain particular file(s)
longer than the specified three
(3) years•
D. Investigations
1• When an officer is the
subject of a criminal
investigation or has been
charged with a criminal offense,
the department may suspend any
related administrative
investigation until the criminal
matter has been resolved.
2• Whenever related criminal
and administrative
investigations are being
conducted simultaneously, no
statements made by the officer
in the administrative
investigation shall be provided
to those conducting the criminal
investigation. No police
personnel having knowledge of
such statements shall
participate in the criminal
investigation.
3• Employees being required
to submit a report or be
interviewed in regard to a
complaint will receive an OPS
Investigation Warning Form.
a• The OPS Investigation
Warning Form will advise the
officer he is part of an
official investigation, advise
of certain rights associated
with self-incrimination, and
possible departmental charges
for refusing to cooperate•
4. Before a written report is
required, the officer will be
advised of the nature of the
complaint and allowed to read
the complaint form.
(52.1.1) Page 3
J
i • ^ i i 4� •
Do..I']_[•,J
5• Before a taped interview
is conducted, the officer will
be advised of the complaint and
allowed to read the complaint
form. The officer may have an
attorney present and/or the
officer's immediate supervisor.
a.Interview sessions shall
be for reasonable periods and
shall allow for such personal
necessities and rest periods as
are reasonably required.
b• Interview sessions shall
be conducted while the officer
is on -duty whenever practical.
c• If an officer, is required
to submit to an interview during
off duty time, the officer shall
be compensated in accordance
with normal department
procedures used for compensation
of extra hours.
6. Officers may be compelled
to answer questions related to
their duties _or fitness for
duty. (Garrity v. New Jersey,
385 USC 493)
a. When an officer refuses to
answer questions posed in an
administrative investigation on
the grounds or fear of criminal
self-incrimination, the officer
may be ordered to answer such
questions, and shall be informed
none of the information provided
can or will be used against him
in any subsequent criminal
prosecution.
b. The officer is subject to
possible disciplinary action
for refusal to answer questions,
including immediate suspension
for refusing to obey a direct
order. The suspension of an
officer with or without pay
shall not affect the officer's
obligation to cooperate in an
investigation.
E. Dispositions
1. Only case dispositions
which have a finding of
"Sustained" shall be filed in
the employee's personnel file.
2. Dispositions will be
decided according to the
following categories:
a. Unfounded
When the investigation clearly
indicates the act complained of
did not occur.
b. Exonerated
When the investigation clearly
indicates the act occurred, but
the act was justified, lawful,
and droner.
c• Not Sustained
When the investigation discloses
insufficient evidence to prove
or disprove the allegation made
in the complaint.
d• Sustained
When the investigation discloses
the act did occur and
constitutes misconduct.
3• Officers will be notified
of the final disposition of any
complaint within 14 days of the
conclusion of an investigation.
(52.1.1) Page 4
4. Whenever an officer is
dismissed; demoted or suspended
according, to policies and
procedures, he may grieve such
action through civil service
provisions.
5. Complainants will be
notified.,in writing of the
disposition of a complaint
within 14 days of resolution of
a complaint.
(52.1.1) Page 5
1.
� y
• r p . __ _____
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject
Effective Date
PUBLIC INFORMATION
Reference
Distribution
All Personnel
I. PURPOSE
Number
54.1.1
Special Instructions
Reevaluation Date
1 Year.
The purpose of this directive
is to establish a public
information function and outline
public information policies for
the Fayetteville Police
Department in order to keep the
public and news media informed
of department activity.
II. POLICY
The Fayetteville Police Depart-
ment is committed to informing
the community and the news media
of events within the area
handled by or involving the
department.
It shall be department policy
to provide complete cooperation
and impartiality with authorized
news media representatives in
their efforts to obtain and
disseminate factual information
regarding department activities
as long as such information does
not impede investigations or
No. Pages
-7-
infringe upon individual rights
or privacy.
A. ESTABLISHMENT OF PUBLIC
INFORMATION FUNCTION
The Fayetteville Police Depart-
ment shall establish a public
information function that will
be responsible for the
following:
1. Assisting news personnel
in covering routine news
stories, and at the scenes of
incidents;
2. Being available for on -call
responses to the news media;
3. Preparing and distributing
department news releases;
4. Arranging for, and assist-
ing at, news conferences;
5. Coordinating and authoriz-
ing the release of information
(54.1.1) Page 1
v�2,*1h�T
about victims, witnesses, and
suspects;
6. Assisting in crisis
situations within the
department; and
authorizing the _ release of
information concerning
confidential department
investigations and operations.
B. PUBLIC INFORMATION
1. Control
The Chief of Police shall be
the point of control f or the
dissemination of information to
the community, the media, and
to other law enforcement
agencies.
2. Public Information Offices
The Chief of Police shall
appoint a. department public
information officer.
a. Activities shall be
performed •part-time on an as
needed basis as directed by the
Chief of Police.
b. The public information
officer shall be advised as soon
as possible of new programs,
outstanding achievements,
current or investigative
developments likely to prompt
media attention or inquiries,
and any other newsworthy
information.
c. The public information
officer shall maintain a file
on all press releases.
3. Incident Scenes
a. Media inquiries shall be
referred to the department
information officer, if
practical, when present at the
incident scene or at the
department in response to a
developing incident.
b. Media personnel seeking
information at incident scenes
where the department public
information officer is not
present should be referred to
the scene supervisor.
c. In the absence of the
public information officer at
the department, the ranking
supervisor shall be responsible
for the release of information.
4. Accident and Complaint
Reports
a. A press box containing
copies of accident reports and
complaints filed by officers
will be maintained at the jail
book -in counter.
(1) The press box will be
accessible to authorized members
of the media 24 hours a day.
(2) Confidential information
or that which would compromise
an investigation will not be
placed in the press box.
5. Criminal and Traffic
Record Information
The department records clerk is
authorized to release criminal
and traffic record information
from police files on offenders
under the following conditions:
(54.1.1) Page 2
•
a. The requestor of such
information is from another law
enforcement agency, or
b. Written consent for such
disclosure is obtained in
advance from offender, and
c. Offender was not a juvenile
at time of offense, and
d. The disposition of the
offense has not been put "under
advisement" by the court.
6. Criminal Investigations
Inquiries referring to matters
under current criminal
investigation will be directed
to the Chief of Police.
i. Routine Inquiries `
The shift supervisor is
authorized to handle routine
inquiries into the following:
a. Crime and accident scenes,
b. Unusual occurrences,
C. Disasters, and
d. Special events.
8. Restricted Information
a. Only the Chief of Police,
or in his absence the Assistant
Chief of Police, may release
information, regarding policy,
personnel, or internal affairs.
b. Without specific
authorization by the Chief of
Police, release of information
pertaining to non -routine police
matters is strictly prohibited.
9. Press Releases
a. All press releases will
receive prior review and
approval by the Chief of Police.
b. Press releases will be
issued on a case -by -case basis.
c. Press releases will be
issued in bulletin form and will
be made equally available to all
accredited news organizations.
d. Copies of completed press
releases will be placed on the
jailer's book -in counter.
Accredited news organizations
will be notified if the release
is considered urgent.
e. The . public information
officer shall be provided with
a copy of all press releases.
10. Press Credentials
The Fayetteville Police
Department will•• issue press
identification badges to
accredited representatives of
the media at no - cost to the
media.
a. There will be no limit as
to the number of accredited
media representatives receiving
credentials.
b. Credentials will bear the
photograph and organization of
the media representative.
c. Credentials will be worn
at all times at the department
and when covering any incident
or crime scene.
(54.1.1) Page 3
I
d. Free-lance writers and
photographers will not be issued
credentials.
11. Revocation of Press
Credentials
Press credentials may be revoked
by the Chief of Police at any
time if the media repre-
sentative:
a. Violates a federal, state
or local law or ordinance;
b. Obstructs justice or
impedes the progress of an
investigation;
c. Releases confidential
information;
d. Does hot abide by crime or
accident scene perimeters; or
e. Compromises an
investigation.
If it is necessary to revoke
the press credentials of a media
representative, the concerned
individual's employer shall be
advised in writing of the
circumstances.
All revocation and non -issuance
decisions of the Chief of Police
may be appealed• in writing to
the City Manager.
12. Scene Access
At no time shall news media
representatives, photographers
or the public be allowed to
interfere with law enforcement
operations at the scene of an
incident.
a. Perimeters at incident
scenes shall be accomplished
through the use of a physical
barrier such as crime scene
tape. If this is not
practicable, officers will be
posted as guards to prevent
unauthorized personnel from
entering.
b. At no time will the public
be allowed to penetrate the
perimeter at the scene of an
incident.
c. Authorized
news media will
to penetrate the
the incident s
processed. It
necessary to
access if:
members of the
not be allowed
perimeter until
cene has been
may still be
prevent their
(1) The incident is on private
property and the owner or
custodian denies access.
(2) Their presence will
seriously impede the work of
firefighters, police or
emergency medical personnel.
(3) Their presence will impede
the preservation of evidence.
d. As long as there is no
interference in police efforts
and scene security, the media
will be afforded the best
vantage point possible from
which to cover the situation.
e. News media photographers
and cameras personnel will be
permitted to photograph, film
or videotape in public places
if such activity does not hamper
an investigation.
(54.1.1) Page 4
i
f. , Suspects or persons in
custody shall not be
deliberately posed for
photographs, telecasts or
interviews.
13. In -Progress Crimes
No member; of the news media
shall be allowed to interfere
with response to or
investigation of an in -progress
incident.
14. Release of Information
a. Although at times it may
be advisable to withhold certain
information until a perpetrator
has been apprehended, the
following information may
generally be released after
authorization:
b. The accused's name as
provided by law (unless a
juvenile),, sex, residence,
employment, marital status, and
any similar background
information;
c. The substance or text of
the charge, complaint, or
indictment;
d. The identity of the
investigating and arresting
agencies arid the length of the
investigation;
e. The circumstances
immediately, surrounding the
arrest;
d. The name; address, and age
of any victim, with the
following exceptions:
e. All records concerning
reports of child abuse or
neglect and all records
generated as a result of such
reports shall be confidential;
f. The name, address, or other
identifying fact or information
of the victim of any sexual
offense shall not be released;
g: The name of a deceased
victim will not be released
until after notification of next
of kin.
h. Any property taken .or
damage reported; and
i. The type of force used and
extent of injuries involved to
the victim.
14. Prohibited Release
Release of the following
information is prohibited except
when authorized by the Chief of
Police, Arkansas Code, and
specifically the Freedom of
Information Act (ACA 25-19-101):
a. Statements related to the
character or reputation of an
accused person or a prospective
witness;
b. The performance or the
results of any tests, or the
refusal of the accused to take
a test or to participate in a
lineup, except that which is a
matter of public record;
c." Statements concerning the
credibility or anticipated
testimony of a prospective
witness;
d. Name, address, .and present
location. of any sex offense
victim;
(54.1.1) Page 5
3
e. Name, address, and present
location of any witnesses;
f. Name and address of any
subject sought for a crime, but
not yet formally charged, unless
help is wanted from the news
media in an effort to locate the
subject;
g. Name and address of any
juvenile involved. in a crime,
as provided by law;
h. The contents of any suicide
note;
i. Any opinion by department
personnel regarding the guilt
or innocence of a subject;
j. Information received from
other law enforcement agencies
without their concurrence to
release such information;
k. The existence of any
confession, admission of guilt,
or statement made by the accused
or the failure of the accused
to make a statement;
1. Information that would
reveal the identity a
confidential informant;
m. The identity of any
critically injured or deceased
person prior to the notification
of next of kin;
n. Unofficial statements
concerning personnel or internal
investigation matters;
o. The home address, telephone
number, or photograph of
department personnel; or such
information, including the place
of employment, of spouses; or
such information including names
and/or location or any school
attended by the children of such
personnel;
p. Any information which
reveals personal assets of a
victim of a crime, other than
property stolen or destroyed
during commission of the crime;
(Prior to releasing the amount
of money or property taken in
a crime, consideration will be
given to whether or not such
release might jeopardize the
investigation.)
q. Any information which would
reveal surveillance techniques,
procedures, or the identity of
any undercover person of any law
enforcement agency; and
r. Any information which would
hinder an investigation or
jeopardize the outcome of a
case.
15. Release of. Information
Involving Other Agencies
a. The Fayetteville Police
Department. shall assume
responsibility for releasing
information regarding all crime
scenes falling within its
jurisdiction.
b. Arrangements will be made
on a case -by -case basis
regarding cooperative efforts
with other agencies.
C. POLICY DEVELOPMENT
a. Accredited news media
representatives are encouraged
to participate in the
development of changes in
(54.1.1) Page 6
policies relating to the news
media.
b. A copy of this directive
shall be available to
accredite4 media representativ
es upon request.
c. All revisions to this
directive- shall likewise be
available to accredited media
representatives upon request.
4.
6
(54.1.1) Page 7
. A
FAYETCEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date Number
62.1.12
Subject
POLICE TRAFFIC RADAR OPERATION
Reference (Special Instructions
Distribution
All Personnel
I. PURPOSE
Reevaluation Date
1 Year
The purpose of this policy is
to establish guidelines for
operation of the department's
speed enforcement program.
II. POLICY
A. Police traffic radar will
only be used whenoperating
personnel are qualified under
the rules of the Commission on
Law Enforcement Standards and
Training (Specification S-17),
and equipment- is properly
certified. While assigned to
the field• training program,
newly certified radar operators
will receive "hands-on" training
with the; specific radar
equipment used by our
department.. .
1. The department's radar
instructor or specialist shall
be notified Immediately of radar
summons or arrests which are
appealed to, Circuit Court.
No. Pages
-3-
2. All supervisors are
instructed to cease the use of
police traffic radar at any time
circumstances indicate a loss
of confidence in either
personnel or equipment.
All
requests for assistance
in
pinpointing or eliminating
such
indications are to be directed
to the radar instructor
forthwith. Furthermore,
all
cases involving loss
of
confidence in personnel
will
immediately be brought to
the
attention of the Chief
of
Police.
B. Operator Responsibilities
1. No traffic summons/arrests
will be made with stationary
radar unless the following
conditions have been satisfied.
The operator must:
(a) Establish visual contact
with the target vehicle;
(62.1.12) Page 1
DRAFT
(b) Visually estimate the
speed, range (distance) and
location of the target vehicle;
(c) Observe other traffic and
the environment for
interference;
(d) Listen to the Doppler
return audio for pitch and
clarity;
(e) Obtain a stable radar
reading;
(f) Manually lock the radar
reading;
(g) Visually reconfirm
identification of the target
vehicle; and
(h) Apprehend the target
vehicle (pacing to obtain
additional evidence, if
possible).
When any doubt exists as
to the identity of a target
vehicle, no enforcement action
is to be taken. Good judgment
and common sense must be
exercised in the operation of
police traffic radar.
2. Radar will not be utilized
by members of this department
when the main strength of the
radar beam detects and displays
a target on the other side of
any traffic control device which
requires a reduction of speed.
No radar will be used
within 30 days of the initial
posting of any traffic control
device which requires a
reduction of speed on an already
established street or highway.
(This provision shall not apply
to spot speed studies in which
no enforcement action is taken.)
(a)_ Radar will not be utilized
on multiple (4 lanes, or more)
lane streets or highways during
periods of heavy traffic volume.
(b) Radar will not be utilized
during periods of inclement
weather (rain, snow, ice, sleet,
etc.) heavy enough to require
the extended use of windshield
wipers.
(c) Radar will not be operated
within 100 feet of a power
substation.
(d) No radar readings are to
be locked in while the operator
or any passenger in his vehicle
is transmitting over a citizens
band (CB) or mobile police
radio.
(e) It is the operator's
responsibility (1) to log his
calibration tests, date, time,
and location, (2) to familiarize
himself with the operator's
manual for the radar unit
utilized, (3) to check the radar
equipment at the start of each
shift (two tuning forks -
numbered, etc. and report any
discrepancies to the shift
supervisor), and (4) to place
the radar unit in the "radar
holster" at all times when the
radar unit is not actually in
the operator's hands.
3.` Except for radar or vehicle
repairs, all radar units and
related equipment shall remain
in the police vehicle which they
have been assigned. Anytime a
radar unit is removed from the
police unit, such as for radar
(62.1.12) Page 2
or vehicle repairs, the fact
must be documented by a
supervisor on the' information
board in the EOC room.
C. Operational Considerations
1. All police traffic radar
operated'by this department must
(1) be of the make and model
approved by the Chief of Police,
(2) be identified by make,
model, serial number,. purchase
date and ownership on the form
filed with the radar instructor,
and (3). be included in the
department's blanket FCC
license.
2. Recertification of
operators is required within
every five.(5) years following
the last issuance of a radar
certificate. Operators must
satisfactorily complete an eight
hour radar refresher course to
be recertified.
3. All police traffic radar
units utilized ' by ' this
department, will undergo field
calibration checking in the
following manner:
(a) At the beginning of each
shift each radar unit will be
tested with its tuning forks.
(b) At the beginning of each
shift the internal circuit test
will be performed.
(c) At the beginning of each
shift the internal lamp test
will be performed.
(Note: Should the radar set
fail any of -the above tests, the
unit is to be taken out of
service immediately.)
(d) After each speeding
summons/arrests in which radar
was utilized, each of the above
'three tests (tuning forks,
internal circuit test, and lamp
test) will be repeated.
(e) At least once each year,
each radar unit will undergo
electronic calibration checks
utilizing equipment traceable
to the National Bureau of
Standards. Additionally, every
six months each radar unit and
tuning fork will be tested with
a "master set" of tuning forks
and a tuning fork tester.
(62.1.12) Page 3
]ID
/ X111111`
f
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date Number
71.1.1
Subject
PRISONER TRANSPORTATION
Reference [Special Instructions
Distribution
All Personnel
I. PURPOSE
Reevaluation Date
1 -Year
The purpose of this
directive is to establish
Fayetteville Police Department
policy for prisoner
transportation ensures safety
and security for prisoners,
transporting officers, and the
general public.
II. DISCUSSION
Transportation of prisoners
in custody is a constant
requirement and a frequent
activity. There are two general
time periods involved. The
first is immediately after
arrest when the person is taken
to the police department for
processing and holding. The
second concerns the movement of
prisoners from the police
department to court, another
detention facility, medical
facility, or for other reasons.
III. POLICY
No. Pages
-4-
A. TRANSPORT OPERATIONS
The transporting officer
is legally responsible for the
safety and custody of the
prisoner being. transported.
Transportation of persons in
custody will always be performed
with the safety and well-being
of the officer and prisoner
being of primary importance at
all times.
1. Search of.Prisoner
a. All persons in custody will
be searched prior to being
placed in a police vehicle.
b. It must be assumed the
prisoner may have had an
opportunity to obtain contraband
or a weapon prior to the time
he or she is accepted for
transport by the officer .
c. Prisoners should be
searched each time they come
into the transporting officer's
(71.1.1) Page 1
custody, including transporting
to the Washington County Jail
from the Fayetteville Police
Department.
d. Officers shall inspect
their assigned vehicle at the
beginning of each shift to
ensure the vehicle is safe and
properly equipped. The officer
shall complete a vehicle
inspection form at this time.
e. Each time a prisoner has
been transported, the transport
vehicle shall be examined to
ensure no contraband or weapons
are present.
2. Location of Officer and
Prisoner During
Transportation
a. In police vehicles equipped
with safety partitions the
prisoner should be placed in the
rear seat of the vehicle.
b. If possible, a one -officer
unit should not transport more
than one prisoner.
c: If, possible, no more than
three . prisoners • will be
transported in a standard police
vehicle.
d. Officers are discouraged
from transporting prisoners in
police vehicles not equipped
with safety screens.
e. It shall be at the
discretion of the transporting
officer(s) as to whether
misdemeanor prisoner(s) are
handcuffed or otherwise
restrained during transport.
Felony prisoners will always be
handcuffed while in transport,
4
(1) If handcuffs are used, they
shall be applied with prisoner's
hands behind back, palms
outward, keyholes facing upward,
and the double -lock engaged.
(2) Care should be exercised
in applying handcuffs to avoid
unnecessary injury to the
prisoner.
(3) Under no circumstances will
prisoners be handcuffed to any
part of the vehicle.
3. Maintaining Sight of
Prisoner
The transporting officer
shall not lose sight of, or
leave unattended, a prisoner
until the prisoner is released
or under the control of other
personnel.
4. Safe Delivery of Prisoner
a. The primary duty of the
transporting officer is the safe
delivery of the prisoner in
custody. General principles of
tort law impose a duty of care
on the transporting officer to
protect the prisoner from
injury.
b. The transporting officer
should not deviate from his.
primary responsibility of
delivering the prisoner except:
(1) In a life -threatening
situation when the risk to a
third party is clear and grave
if immediate aid is not
rendered; and
(2) The risk to the prisoner
is minimal.
(71.1.1) Page 2
f Y.
5. Prisoner Escape
Following the escape of a
prisoner while being
transported, the following steps
shall be taken:
a. The transporting officer
shall immediately notify Central
Dispatch to have the'following
information relayed to other
officers, the supervisor and to
other jurisdictions:
(1) Area of the escape; and
(2) Identification and physical
description of escapee;
(3) if escapee is high -risk
(known to be armed or considered
dangerous).
b. Following an escape,
detailed reports containing
all circumstances surrounding
the escape will be prepared by
the transporting, officer and
the officers involved in the
search. These reports shall be
prepared immediately and shall
be turned in to the supervisor.
6. Prisoners Transported to
Medical Facility
If it is necessary to
transport a prisoner to a
medical facility for treatment
or examination, the transporting
officer shall notify the shift
supervisor of the circumstances
and keep the prisoner in sight
whenever possible.
7. Transporting Dangerous
.Prisoners to Court
When a prisoner who is
considered a security hazard
must be transported to court,
the judge of the court may be
notified in advance. The judge
may allow or direct the use of
restraining, devices in the court
and may request the assignment
of additional security officers
to the court.
8. Transporting Female
Prisoners
a. If a male officer is
required to transport a female
prisoner, he should report the
following information by radio
to Central Dispatch:
(1) Odometer reading;
(2) Location and destination;
and
(3) Ending odometer reading at
destination.
9. Transporting Handicapped,
Sick, or Injured Prisoners
a. Officer discretion must be
used in transporting physically
or mentally handicapped
prisoners.
b. If a prisoner becomes sick
or is injured, the supervisor
should be notified immediately.
The supervisor will decide
whether the prisoner will be
transported to the emergency
room by an officer or by
ambulance (EMS).
B. DOCUMENTATION
1. When a prisoner is being
transported from another
facility, to the Fayetteville
(71.1.1) Page 3
Police Department or is being
transported from the department
to another facility, the
transporting officer must ensure
the person to be transferred is
positively identified as the
person to 'be moved.
2. Depending on the
circumstances, copies of certain
documentation should accompany
the prisoner. This
documentation may include arrest
sheet, warrant, personal
property. information, medical
records, and other pertinent
records.
3.. Documentation accompanying
a prisoner should also include
information relating to the
prisoner's escape- or suicide
potential or other personal
traits of a security nature.
4. Upon arriving at the
destination with the prisoner,
the transporting officer should
adhere to the following
guidelines:
a. Secure firearms for
safekeeping in accordance with
policies and procedures of
receiving facility.
(71.1.1) Page 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date Number
72.1.1
Subject
JAILER DUTY
Reference
Distribution
All Personnel
I. PURPOSE
ISpecial Instructions
Reevaluation Date INo.Pages
1 Year 4 ` -2-
The purpose of this policy is
to define the responsibilities
and general duties of the jailer
when these duties are performed
by an officer. (Generally,
these duties are, performed by
civilian jailer personnel). In
all cases, the shift supervisor
is responsible for the operation
of the holding facility.
II. POLICY
1. The jailer will arrange for
prisoner meals and give them the
necessary items needed each day
for health and hygiene. The
jailer will ensure prisoners
ready for arraignments/trails
are taken to municipal court by
the court bailiff each court
day. (In cases where large
numbers of. prisoners or a
prisoners with histories of
violence are being taken to
court,, the jailer will 'aid, or
cause another officer to assist,
the bailiff in transporting the
prisoners.)
2. The jailer will check
supplies and equipment used in
daily operation of the jail
facility and notify the
supervisor of any needed
supplies or repairs. The jailer
will see that the jail is always
clean and will make hourly
checks of all prisoners and
cells.
3. The jailer will notify and
assist the shift supervisor in
making arrangements for medical
treatment if prisoner(s) ask for
treatment or is in need of
treatment. In appropriate
cases, the supervisor may make
immediate arrangements for the
prisoner to be released so he
or she may seek treatment. All
injuries to prisoners should be
noted on the booking sheet and
any medication needed should be
noted and that information
(72.1.1) Page 1
passed on to the next jailer and
shift supervisor.
4. A matron should be on duty
when any •female prisoner is
incarcerated. :Female Central
Dispatch Center (CDC) personnel
certified as matrons should only
be used a's a last resort and
only when -not in conflict with
an established policy. If no
police department matron is
available, arrangements should
be made with another agency
(such as Washington County Jail)
for transfer of the female
prisoner if the prisoner -is to
be held.
5. The assigned jailer will
read and follow the jail manual.
a
(72.1.1) Page 2
FAYETTEVILLE POLICE DEPARTMENT
FAYETTE VILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
72.3.1
Subject
JAIL EMERGENCY PLAN
Reference
Distribution
All Personnel
I. PURPOSE
Special Instructions
Reevaluation Date
1 Year
The purpose of this policy is
to prescribe fire prevention
practices and procedures for the
Fayetteville City Jail.
II. POLICY
In the event of a fire or
disaster which requires the
building evacuated, the first
priority will be getting all the
people out of the building as
quickly and as safely as
possible.
A. FIRE.
1. If fire is 'discovered in
any portion of the jail, the
Fayetteville Fire Department and
the shift supervisor will be
notified immediately.
2. If the fire cannot be
extinguished with the portable
extinguishers located in the
building, the jailer will stand
No. Pages
-2-
by the appropriate exterior door
to aid the fire department in
gaining entry once they arrive.
3. In case of small fires of
bedding, clothing, etc., the
smoke and fumes will be removed
from the building by the
Fayetteville Fire Department's
portable fans.
4. In case of a large fire
which requires the building
evacuated, personnel in the
Central Dispatch Center should
be instructed to notify all
available police units to come
to the jail immediately to
assist . The sheriff's office
may be notified in case their
assistance is necessary for the
transport of prisoners to the
county jail. If possible, all
prisoners will be placed in the
squad room with an officer at
each door; otherwise, all
prisoners will be placed outside
the building with officers to
guard them.
(72.3.1) Page 1
5. In case of fire where the
main corridor is blocked and the
prisoners cannot be evacuated
through the main jail door, they
will be removed by way of the
exit door at the northwest
corner of the cellblock area.
Prisoners in the barracks will
be moved through the dining area
around to the emergency exit if
the main door is blocked.
6.. In the event of injuries
to prisoners, they will be
transported to the Emergency
Room at Washington Regional
Medical Center by local
ambulance, if necessary.
B. STORM, TORNADO, ETC:
1. If the building sustains
severe damage from a storm,
tornado, etc, the duty jailer
and the shift supervisor will
immediately survey -the condition
of all prisoners and building
damage in order to form a plan
of action..
2. If broken electric wires
or gas pipes are observed, these
services should be cut-off
immediately. The main gas meter
switch is located on the outside
wall at the southeast end of the
building.
3. , The duty jailer or, shift
supervisor should request the
Central Dispatch Center to
notify all City police units,
sheriff's office, fire
department, Civil Defense, and
the Arkansas State Police of -the
emergency situation at the
facility. Mobile units will be
used if the Central Dispatch
Center is inoperable.
4. If it becomes necessary to
evacuate the building, the same
procedure will be followed as
for "FIRE" (earlier in this
chapter).
(72.3.1) Page 2
•
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE,ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
72.6.1
Subject •
MEDICAL AND DENTAL CARE FOR PRISONERS
Reference
Distribution
All Personnel
I. PURPOSE
ISpecial Instructions
(Reevaluation Date INo.Pages
1 Year -2-
The purpose of this policy is
to establish guidelines for
providing medical and dental
care for prisoners in the
custody of the. Fayetteville
Police Department.
II. POLICY
A. Medical and Dental Care
for Prisoners
If arrangements
the officer,
supervisor will
will, assist
arrangements
attention for V
are not made by
the immediate
be notified and
in making
for medical
risoners.
In the event a prisoner becomes
ill or is injured and requires
medical attention, the prisoner
shall be taken to the emergency
room of The Washington Regional
Medical Center unless the
prisoner requests to be treated
by the doctor or dentist on call
or by a doctor or dentist
selected by the prisoner who
agrees go come to the jail. If
necessary, an ambulance shall
be used to transport the
prisoner to the hospital
emergency room.
The names, addresses, telephone
numbers, and office hours of the
doctor and dentist on call to
treat prisoners shall be posted
in the station and each officer
or member shall be advised by
the shift supervisor of the
location where said information
is posted. If emergency dental
care is needed, the jailer or
shift supervisor shall arrange
for such care.
B. Emergency Medical or
Dental Care '
Before 9AM and after 5PM, Monday
through Friday, and all day on
Saturday and Sunday, all medical
and dental problems shall be
handled by the emergency room
(72.6.1) Page 1
J Ar v
.j. r Y i.. � i -. {,,1111I111111y\J�`/11
LS!
FAYETTEVILLE POLICE DEPARTMENT
FAYETrEVILLE,ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Subject
BANK ALARM RESPONSE POLICY (BUSINESS HOURS)
Reference
Distribution
All Personnel
I. PURPOSE
Number
81.2.13
Special Instructions
Reevaluation Date
1 Year
The purpose of this policy
shall be to establish uniform
guidelines for uniformed police
officers to follow when
responding to banking/financial
institution hold-up alarms
during business hours (normally
8AM-6PM).
II. POLICY
Upon being dispatched to a
banking or financial institution
alarm, the assigned officer will
proceed without siren to the
pre -arranged primary location
for the .particular banking
location. Officer may use blue
lights enroute but should turn
them off prior to arriving at
the location.
1. The primary responding unit
will take up the pre -arranged
observation point where they
cannot be seen by anyone from
inside the bank. Secondary
No. Pages
-2-
police units should assume
positions along strategic routes
in the event an actual robbery
has taken place and assuming
that suspect information will
be forthcoming.
2. The arriving primary unit
will advise the Central Dispatch
Center (CDC) upon arrival at the
bank.
3. The Central Di
personnel will
following es
communications
pursuant to CDC
General Order #02.
;patch Center
already be
tabl.ished
procedures
policy and
4. A responsible party from
the bank will contact the
officer outside the bank.
5. Should the alarm be found
to be false, the primary officer
will notify the other secondary
unit(s) to go back into regular
service.
(81.2.13) Page 1
I..-
-
t
6. in the event the officer(s)
determine.from the responsible
banking party, or by any other
means, a robbery has actually
occurred, the officer(s) will:
a. Secure the bank by not
allowing anyone to enter or
leave except police personnel
that as a part of their duty
must do so (evidence
technicians, investigators,
etc.).
b. Secure descriptive
information as to possible
suspects or vehicles and cause
same to be dispatched to all
local units and surrounding
jurisdictions. .
c. Contact the. shift
supervisor who will in turn
cause Detective Division
personnel to be dispatched to
the scene. In cases of Federal
jurisdiction, the shift
supervisor; will ensure the
proper Federal agencies are
notified.
A
DIZ:�I�"h
(81.2.13) Page 2
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
84.1.1
Subject .
PROPERTY MANAGEMENT; ACQUIRED AND IN -CUSTODY PROPERTY
Reference (Special Instructions
Distribution (Reevaluation Date No.Pages
All Personnel 1 -Year -4-
I. PURPOSE 1. Control
The purpose of this directive
is to establish a property
management system for property
acquired by and in -custody of
the Fayetteville Police
Department.
II. POLICY
The Fayetteville Police
Department will establish and
maintain a property management
system that will ensure
continuity; and consistency in
the control and accountability
of all found, recovered and
evidentiary property in its
custody.
This policy sets forth strict
measures for the handling,
security, and disposition of all
such property in department
custody.
A. CONTROL OF PROPERTY
The department property
management system shall maintain
exclusive control and
accountability of all found,
recovered and evidentiary
property.
a. In no event will officers
store evidence in their personal
lockers.
b. All officers coming in
possession of found, recovered,
or evidentiary property shall
deliver the property to the
proper evidence custodian as
defined within this policy
before going off duty.
2. Accountability
The utilization of property
logs, evidence slips,
inventories and other documents,
shall ensure all records provide
an up-to-date and correct
accountability of found,
(84.1.1) Page 1
4
�l.
recovered, and evidentiary
property.. The following
information should be available
for each piece of evidence:.
a. Location of property within
the department;
b. Date and time property was
received and subsequently
released;
c. Description, type and
amount of property on hand;
d. Chain of custody from time
property was received until
final disposition; and
e. The date and results of all
inspections, inventories, and
audits of.record.
3. Custodian for Found
Property
The supervisor of the jailers
shall develop procedures dealing
with secure handling, storage
and disposition of found
property. ,
4. Custodian for Recovered and
Evidentiary Property
The shift supervisor shall be
designated as property custodian
and held accountable for all
property accepted by and stored
in the department's •property
storage areas during their
shift, with the exception of
narcotics, dangerous drugs, and
felony evidence confiscated by
the Detective Division.
5. Custodian for Narcotics,
Dangerous. Drugs and
Evidence Recovered by
Detective Division
a. The Detective Division
supervisor shall be responsible
for allfelony evidence
confiscated and turned in to
the Detective Division.
b. Narcotics and dangerous
drugs will be processed and
managed •by the Detective
Division.
These items shall be held in a
secure property area with highly
restricted access as specified
by the Chief of Police.
B. APPOINTMENT OF NEW PROPERTY
CUSTODIAN
In the event a new property
custodian is appointed, a joint
inventory with the outgoing
custodian shall be held to
ensure proper documentation and
accountability.
1.' The purpose of such an
inventory shall be to guarantee
the continuity of custody and
ensure the system's integrity
and property accountability.
2. The incoming property
custodian shall ensure all
records are up-to-date and
properly annotated.
3. All discrepancies shall be
documented prior to the transfer
of property accountability to
the incoming custodian.
C. MONTHLY INSPECTION
The shift supervisors and the
Detective Division supervisor
shall conduct a quarterly
inspection of all recovered and
evidentiary property to ensure
4
(84.1.1) Page 2
JID4J ['4
adherence to procedure. This Unannounced inspections of the
inspection shall be verify the property storage areas should
following: be held when the Chief of Police
so directs.
1. Department orders and
directives concerning property 1. The Chief of Police shall
management are being followed; appoint an individual and a time
period to conduct spot
2. Property is stored in such inspections.
a manner as to protect it from
damage and deterioration; 2. Property accountability and
security procedures shall
3. Proper accountability receive primary attention during
procedures are being maintained; spot inspections.
and
3. The majority of the spot
4. Property having no further inspection shall consist of a
evidentiary value is being random comparison of records
disposed of promptly. with actual property items.
D. DISPOSITION OF FOUND,
RECOVERED, AND EVIDENTIARY
PROPERTY
1. All attempts shall be made
to return' found and recovered
stolen property to its rightful
owners.
2. Evidentiary property may
be returned to the owner prior
to the court case with
permission from the prosecutor,
lead investigator, • or judge.
3. Recovered or evidentiary
property returned prior to court
proceedings should be
photographed when possible.
4. Final disposition of all
found, recovered and evidentiary
property shall be accomplished
as soon asl possible after legal
requirements have been
satisfied:
E. UNANNOUNCED INSPECTIONS
F. STORAGE OF FOUND, RECOVERED
AND EVIDENTIARY PROPERTY
i. Storage
All property stored by the
department shall be, held in
designated secure areas.
2. Access
Access to all recovered and
evidentiary property storage
areas will be strictly limited
to authorized personnel to
prevent the alteration,
unauthorized removal, theft, or
other compromise of property
stored by the department.
3. Items Constitutinq
Increased Security Risk or
of Exceptional Value
Found property items containing
currency, precious metals,
jewelry, gemstones, weapons, and
all items constituting increased
value shall be stored in the
shift evidence lockers or turned
(84.1.1) Page 3
over to the Detective Division
if the item is of excessive
size.
4. Narcotics
a. Storage of narcotics and
dangerous 'drugs shall be kept
only in the, custody of the
Detective •Division. All drug
evidence collected by patrol
officers shall be delivered to
their shift supervisor for
storage. The shift supervisor
shall cause the drug related
evidence to be transferred to
the Detective Division at
earliest opportunity.
b. Narcotic and dangerous drug
evidence (capsules, pills, etc.)
shall be counted and weighed by
the submitting officer. (The
department's postage scale is
useful for this purpose.)
Exceptions to weighing the
substance are permissible when
the substance is officially
sealed in tamperproof protective
packaging..
c. All containers of narcotics
and dangerous drugs should be
inspected for tampering as a
safeguard against the
substitution of materials having
the same weight.
Perishable Items
a. All perishable items of
evidence, such as blood or urine
specimens, should be stored in
a secure refrigerator in the
Detective Division so, their
propertieswill be as unchanged
as possible before they are
examined in a laboratory or
presented in court.
fflNRid
r
(84.1.1) Page 4