HomeMy WebLinkAbout205-12 RESOLUTIONRESOLUTION NO. 205-12
A RESOLUTION APPROVING FAYETTEVILLE POLICE DEPARTMENT
POLICIES 1.3.1 USE OF FORCE; 84.1.1 PROPERTY MANAGEMENT,
ACQUIRED & IN -CUSTODY; 42.1.1 CRIMINAL INVESTIGATIONS; 83.1
COLLECTION AND PRESERVATION OF EVIDENCE; 44.1.1 JUVENILE
OPERATIONS; 41.2.11 USE OF DEPARTMENT VEHICLES; 1.2.2
WARRANTLESS DETENTION, SEARCH & SEIZURE; AND 43.1.1 VICE,
DRUGS AND ORGANIZED CRIME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
Fayetteville Police Department policies 1.3.1 Use of Force; 84.1.1 Property Management,
Acquired & In -Custody; 42.1.1 Criminal Investigations; 83.1 Collection and Preservation of
Evidence; 44.1.1 Juvenile Operations; 41.2.11 Use of Department Vehicles; 1.2.2 Warrantless
Detention, Search & Seizure; and 43.1.1 Vice, Drugs and Organized Crime.
PASSED and APPROVED this 8th day of November, 2012.
APPROVED: ATTEST:
B
IONELD JO : ► , Mayor
By: t ({24, 4-t.Ct ,4+31.(14,.
SONDRA E. SMITH, City Clerk/Treasurer
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Greg Tabor
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/8/2012
City Council Meeting Date
Agenda Items Only
Police
Division
Action Required:
Police
Department
Staff seeks council approval to adopt Fayetteville Police Department Policies: 1.3.1, Use of Force; 84.1.1, Property
Management, Acquired & In -Custody; 42.1.1, Criminal Investigations; 83.1 Collection and Preservation of Evidence;
44.1.1 Juvenile Operations; 41.2.11, Use of Department Vehicles; 1.2.2, Warrantless Detention, Search & Seizure;
and 43.1.1, Vice, Drugs and Organized Crime.
Cost of this request
Account Number
Project Number
Budgeted Item
$
Category / Project Budget
$
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budget Adjustment Attached
Depa
\k=z=:-\\-\a Previous Ordinance or Resolution #
Date
i Attorney
Finance and Internal Services Director
Original Contract Date:
I/ 4r h'` Original Contract Number:
Date
D-2�-2vtt
Date
ReceivedinCity
Clerk's Office
Received in
Mayor's Office
Comments:
Revised January 15, 2009
'Mtteville
THE CITY OF FAYETTEVILLE, ARKANSAS
POLICE DEPARTMENT
100-A West Rock Street
Fayetteville, AR 72701
P (479) 587-3555 F (479) 587-3522
ARKANSAS
www.accessfayetteville.org
To: Mayor Lioneld Jordan and City Council
From: Greg Tabor, Chief of Police
Date: Thursday, October 18, 2012
Re: Police Department Policies
Recommendation:
Council approves a resolution adopting Fayetteville Police Department Policies: 1.3.1, Use of Force; 84.1.1,
Property Management, Acquired & In -Custody; 42.1.1, Criminal Investigations; 83.1 Collection and
Preservation of Evidence; 44.1.1 Juvenile Operations; 41.2.11, Use of Department Vehicles; 1.2.2, Warrantless
Detention, Search & Seizure; and 43.1.1, Vice, Drugs and Organized Crime.
Background and Discussion:
The Fayetteville Police Department is currently in the process of reviewing all policies and updating as
necessary to conform to current practices and to comply with accreditation standards. 83.1, Collection and
Preservation of Evidence and 43.1.1, Vice, Drugs and Organized Crime, are new policies. The remaining six
policies have revisions recommended by CALEA assessors, and are needed for accreditation compliance.
Those areas are highlighted.
Budget Impact:
None
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
RESOLUTION NO.
A RESOLUTION APPROVING FAYETTEVILLE POLICE DEPARTMENT
POLICIES 1.3.1 USE OF FORCE; 84.1.1 PROPERTY MANAGEMENT,
ACQUIRED & IN -CUSTODY; 42.1.1 CRIMINAL INVESTIGATIONS; 83.1
COLLECTION AND PRESERVATION OF EVIDENCE; 44.1.1 JUVENILE
OPERATIONS; 41.2.11 USE OF DEPARTMENT VEHICLES; 1.2.2
WARRANTLESS DETENTION, SEARCH & SEIZURE; AND 42.1.1 VICE,
DRUGS AND ORGANIZED CRIME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
Fayetteville Police Department policies 1.3.1 Use of Force; 84.1.1 Property Management,
Acquired & In -Custody; 42.1.1 Criminal Investigations; 83.1 Collection and Preservation of
Evidence; 44.1.1 Juvenile Operations; 41.2.11 Use of Department Vehicles; 1.2.2 Warrantless
Detention, Search & Seizure; and 42.1.1 Vice, Drugs and Organized Crime.
PASSED and APPROVED this Bch day of November, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PRO CED URES, AND RULES
Subject: 1.3.1 Use of Force
Effective Date:
May 1, 2012
Reference: 1.3.4, 41.3.5, General Orders 13, 14, 23, 29, 32
Version: Version
CALEA: 1.3
No. Pages: 8
I. PURPOSE
The purpose of this directive is to state the Fayetteville Police Department policy regarding the
use of force, including deadly force, less lethal force and defensive tactics.
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.
III. DEFINITIONS
Deadly Force — Deadly force is that force which may cause death 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.
Physical Force — Physical force is any bodily impact, restraint, confinement or the threat thereof.
Reasonable Belief— Reasonable believe is fact or circumstances the officers knows, or should
know, are such as to cause an ordinary and prudent person to act or think in a similar way under
similar circumstances.
Serious Physical Injury — Serious physical injury is bodily injury that creates a substantial risk of
death; cause serious, permanent disfigurement; or results in along -term loss or impairment of the
functioning of any bodily member or organ.
IV. 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. [CALEA 1.3.1]
1.3.1 Use of Force Page 1 of 8
2
A. Use of Deadly Force
1. An officer may use deadly force to protect him or others if he has reasonable belief of
immediate threat of death or serious physical injury [CALEA 1.3.2].
2. The use of deadly force should be 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 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.
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 actions or use of force in an official capacity results in
death or serious physical injury shall be relieved from line -duty assignment pending
administrative review. [CALEA 1.3.8]
9. The killing of an animal is justified by the following conditions:
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
d. A seriously wounded or injured animal may be destroyed upon approval from a
supervisor.
e. The destruction of vicious animals should be guided by the same rules set forth
for self-defense and safety of others.
f. A use of force form and memorandum to the officer's direct supervisor shall be
completed when an animal is killed.
1.3.1 Use of Force Page 2 of 8
3
B. Use of Physical Force and Less -Lethal Weapons
All police officers of the Fayetteville Police Department are directed to obtain defensive
tactics training and certification to carry and use the departmental authorized less -lethal
weapons. Officers will be issued copies of 1.3.1 and will be instructed in this policy.
[CALEA 1.3.12] Defensive tactics and less -lethal weapons provide officers with additional
use of force options for gaining compliance of resistant or aggressive individuals in arrest
and other enforcement situations that occur in the line of duty.
It shall be the policy of the Fayetteville Police Department that officers use defensive tactics
and less -lethal weapons when warranted, but only in accordance with guidelines set forth in
section 1.3.4.
All departmentally approved less -lethal devices are deployed as additional police tools and
are not intended to replace firearms or self-defense techniques. Officers choosing to use
these devices should not compromise their safety.
C. 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 [CALEA 1.3.12].
Officers will receive in-service training on the department's use of force policy on an
annual basis [CALEA 1.3.11].
2. Proficiency in Use of Agency -Authorized Firearms: Qualification with the issued
service weapon is an essential job function of a Fayetteville Police Officer. Failure to
qualify may result in the imposition of discipline, up to an including termination of
employment. Additionally, failure to qualify with any other department -approved
weapon would prohibit that officer from being allowed to carry that particular
weapon [CALEA 1.3.10]. A certified weapons instructor shall conduct training and
qualification [CALEA 1.3.11 a].
a. Officers shall qualify with the issued service weapon four times each year, at least
one of which will meet the Arkansas Law Enforcement Standards and Training
(ALETA) Standard Qualification Course of Fire for one target [CALEA 1.3.11
b.]
b. On all other qualification relays, officers shall qualify with a score equal to or
better than the established standard set by the Chief of Police in consultation with
the Firearms Instructor.
c. Officers certified on the department -approved shotgun or rifle shall qualify
annually.
d. All firearms training and qualification scores, including remedial training if
necessary, will be documented and maintained by the firearms division until an
officer separates from the department [CALEA 1.3.11 b].
1.3.1 Use of Force Page 3 of 8
4
1) An officer who fails to qualify with his/her issued handgun, shotgun, or
rifle after two consecutive attempts shall be referred for immediate
remedial training by a certified firearms instructor.
2) The firearms instructor providing the remedial training shall notify the
officer's immediate supervisor and the Chief of Police in the
event the officer is still unable to qualify at the conclusion of the extra
training session.
a) Upon notification an officer has failed to qualify with their
issued handgun, the supervisor shall immediately relieve the
unqualified officer of the issued handgun and patrol duty, with
pay. The unqualified officer will be directed to report to the
training division the next working day for additional remedial
training. The officer's authority to carry a firearm shall remain
revoked until such time as the officer qualifies or that the
determination is made that the officer is not responding to further
training [CALEA 1.3.11 c].
b) Upon notification an officer has failed to qualify with a shotgun
or rifle, the officer's authority to carry the firearm shall remain
revoked until such time the officer qualifies. It shall be the
responsibility of the officer to schedule additional remedial
training and qualifications.
e. Any officer who fails to qualify with their issued handgun, and receives remedial
training more than once during a calendar year, shall be subject to disciplinary
action. If an unqualified officer does not satisfactorily respond to remedial
training and remains unqualified, the Chief of Police shall be notified in writing.
f. Officers shall attain and demonstrate knowledge of the laws concerning the use of
firearms and be familiar with and recognize safe -handling procedures for the use
of these weapons.
g. Any officer returning to duty after an absence exceeding three months shall report
to the training division for remedial training and qualification prior to being
permitted to return to full duty.
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.
4. Warning Shots: Officers are not justified in using a firearm to fire a warning shot for
any purpose. Warning shots endanger the lives of innocent bystanders and may also
prompt a suspect to return fire [CALEA 1.3.3].
5. Off -Duty Possession of Weapons: 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.
Officers should also be aware that Federal Law, known as the Law Enforcement
Officers Safety Act of 2004, provides certified law enforcement officers with the
right to carry a concealed firearm in any jurisdiction of the United States.
a. Officers are not required to carry a weapon while off-duty but may do so at their
option.
1.3.1 Use of Force Page 4 of 8
5
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 in plain clothes wearing their firearms exposed to the public view
shall display their department badge near the firearm in a manner that is
clearly visible to the public unless special circumstances exist.
3) Officers who choose to carry a weapon other than one issued by the police
department shall qualify to demonstrate proficiency in the use of that
weapon on an annual basis at their own expense.
6. Department -Issued Weapons and Ammunition: Reference may be made to section
41.3.5 for specifications of department -issued weapons and ammunition.
a. All department -issued firearms will be inspected on an annual basis by a certified
armorer and must be approved by the armorer before being issued and/or carried
[CALEA 1.3.9 c,d,e].
1) The firearms division will maintain weapons inspections reports.
2) Weapons deemed irreparable will be removed from service with a report
indicating such status.
3) The firearms division will maintain a record on all weapons in service to
include inspection date(s) and maintenance.
b. 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 negligence or willful destruction or damage of the
firearm by the officer.
3) In the event of the loss of department -issued firearm, the officer will
immediately notify the shift supervisor who will in turn notify the Chief 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.
4) Officers may choose to leave their issued handgun(s) in their locked
lockers at the department. If officers choose to remove their issued
handgun(s) from the department while off duty, it is recommended they be
stored in a locked box, separate from the ammunition [CALEA 1.3.9 f].
7. Discharge of Weapon: If an officer, on or off duty, fires a department -issued weapon
while acting in his official capacity (except for 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.
1.3.1 Use of Force Page 5 of 8
6
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 [CALEA 1.3.6 a.].
d. If during the performance of duty or on any occasion an officer 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) Medical aid, to the extent possible, should be given to anyone injured
[CALEA 1.3.5].
2) The shift supervisor is to be notified immediately.
3) The shift supervisor will notify the Chief of Police immediately.
4) A shooting team, the members of which will be designated by the Chief of
Police, will be called to the scene.
5) The 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 relevant facts and circumstances
surrounding the incident and a conclusion as to whether the discharge
violates departmental policy.
6) The shooting team will be functioning with the full authority of the Chief
of Police. The team will be in complete control of the internal
investigation. All officers, including shift supervisors, shall give the team
their full cooperation. No one shall interfere with such an investigation.
7) 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.
h. Firearms - The Fayetteville Police, Department authorizes the following weapons
and will govern proficiency requirements as follows for each weapon. Only
agency personnel demonstrating proficiency in the use of agency -authorized
weapons shall be approved to carry such weapons [CALEA 1.3.10]:
1) Each officer will be assigned and issued a service weapon that will be
either the Glock model 35 .40 caliber semi-automatic pistol or the Glock
model 23-C .40 caliber semi-automatic pistol [CALEA 1.3.9 a.]:
a) Officers must meet the qualification standards for their issued
service weapon as previously stated in this policy [CALEA
1.3.11 b.] .
2) The rifle will be a AR 15 type short barrel rifle (SBR 11.5 inch barrel ) or
carbine (16 inch barrel) capable of semi-automatic fire in caliber 5.56 mm
(.223 caliber) magazine fed. This rifle will be either of the A2 type with
fixed carry handle with iron sights only, or the A3 flat top equipped with
an Eo -Tec holographic sight and co -witness flip up iron sights [CALEA
1.3.9 a.]:
a) The AR15 rifle will be authorized for Emergency Response
Team (ERT) members and for other selected sworn members of
the department.
b) AR15 operators will be certified by the department with a
1.3.1 Use of Force Page 6 of 8
7
minimum of 40 hours of training on the AR 15 type rifle and
must pass a qualification course using both types of sights
annually [CALEA 1.3.11 b.].
3) Shotguns will be Remington 11-87 gas operated semi-automatic 12 gauge
shotguns. They will be. either 14 inch barreled or 20. inch barreled. The
Remington 870 12 gauge pump action shotgun used by ERT .may be
deployed using specialized ammunition as determined by the ERT Team
Commander [CALEA :1.3.9.a.]:
a) Shotguns will be authorized for ERT members and for sworn
officers.
b) Shotgun operators will have completed a 16 hour training course
and.be certified.as a shotgun operator by the department.
Shotgun:operators must pass a qualification:course annually
[CALEA 1.311 b.].
4) Marksmen rifles will be either the Remington model 700 LTR bolt action
.308 caliber or -the AR10 style semi-automatic, gas operated, magazine fed
.308 caliber rifle [CALEA 1.3.9 a.]:
a) Marksmen rifles will be authorized for selected ERT members.
b) Marksmen rifle operators will be required annually to qualify
with each type of Marksmen rifle on a prescribed course or
courses of fire [CALEA 1.3.11 b.]
5) Officers assigned to the 4th Judicial District Drug Task Force (DTF) will
be authorized,to carry the Smith and Wesson model 342 5 shot .38 special
revolver [CALEA 1.3.9 a.]:
a) DTF officers issued this weapon will qualify annually on a
qualification course designed for this firearm [CALEA 1.3.11 b.]
6) The aforementioned weapons when not in operation, other than
department issued handguns, must be locked and stored in approved
department arsenals or safes. While on duty, rifles and shotguns in
marked patrol vehicles shall be carried in approved locking mechanisms.
Officers will follow storage guidelines in this policy that apply to issued
handguns [CALEA 1.3.9 f.].
Use of Force Reports: The purpose of this section is to establish specific
guidelines that define the situation when a Use of Force Report must be
completed. Not every touching by an officer requires a report; circumstances that
require a report are outlined in this section [CALEA 1.3.6].
All officers are directed to complete a Use of Force Report when the following criteria
are met and turn it in to his supervisor before the end of his shift:
1) Situations that require supervisor notification and completion of the Use of
Force Report [Calea 1.3.6 b, c, d]:
1.3.1 Use of Force Page 7 of 8
8
a) An officer exercising police authority uses force which causes
death or any visible or apparent physical injury, or which results
in the subject saying that he or she was injured.
b) An officer exercising police authority uses any object including
but not limited to a hand, fist, foot or intermediate weapon to
strike a blow to a subject.
c) An officer exercising police authority bodily removes or drags a
struggling subject from one place to another, or forcibly places or
keeps a person in a prone position.
d) An officer exercising police authority uses force during or after
which a subject loses consciousness.
e) An officer uses any intermediate weapon.
f) An officer discharges a firearm, regardless of duty status and
regardless of whether the discharge was accidental or intentional.
(Exception: range activity and other lawful and safe target
practice) [CALEA 1.3.6 a.]
g) An officer points a firearm at anyone.
2) Officers should photograph and document any injury, or reported injury,
on the Use of Force Report.
3) Use of Force Reports will be submitted by the shift supervisor to the
department's administration [CALEA 1.3.7]:
a. Each Use of Force Report will be reviewed by the division's
respective captain and by the Chief's designated head of Office of
Professional Standards (OPS) [CALEA 1.3.7].
b. The designated head of OPS will conduct an annual review and
analysis of all Use.of Force Reports and submit a report to the Chief of
Police [CALEA 1.3.13].
1.3.1 Use of Force Page 8 of 8
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 84.1.1 Property Management; Acquired & In -Custody
Effective Date:
March 17, 2009
Reference:
Version: 1
•
CALEA: 84
No. Pages: 6
I. PURPOSE
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 evidence, lost
and found property, and seized property, as well as all items retained for safekeeping or
investigations 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
1. Control: The department Property and Evidence Division shall maintain exclusive control
and accountability of all found, recovered, and seized property, items kept for safekeeping, and
evidentiary property.
a. In no event will officers store evidence in their personal lockers or desk.
b. All officers coming in possession of found, recovered, and or seized property, items for
safekeeping, or evidentiary property shall record such property by way of an incident
report, evidence submission or receipt form before going off duty{ [CALEA 84.1.1 a,c]I.
In addition, all officers shall deliver the property to Property and Evidence personnel] as
defined within this policy before going off duty [CALEA 84.1.1 b].
c. The department recognizes exceptional circumstances may be present during which
property might not be submitted to the Property and Evidence personnel before the
officer goes off duty. In such circumstances, in order to preserve the proper chain of
custody, the officer should notify his supervisor, who will ensure another officer
maintains the property in question until such time it can be presented to Property and
Evidence personnel [CALEA 84.1.1 b].
84.1.1 Property Management Page 1 of 6
2. Submission of Evidence: Fayetteville Police Department personnel, with, regard to all
evidence, lost and found property, seized property, and items retained for safekeeping or
investigations will follow these guidelines [CALEA 84.1.1 d.]:
a. Properly package each item;
b. Items with blood and/or other bodily fluids should be air dried to prevent cross
contamination before being properly packaged;
c. Similar items may be packaged together;
d. Certain types of items require additional security measures while stored in evidence. For
that reason, the following.items shall be packaged separately [CALEA 84.1.1 e.]:
(1) Narcotics/drugs;
(2) Firearms;
(3) Money, and;
(4) Jewelry;
e. Properly label/identify each item on a Fayetteville Police Department Property and
Evidence Submission Form;
f. If submission occurs at a time when Property and Evidence personnel are not present,
officers and other personnel will secure the evidence in an evidence locker [CALEA
84.1.3], and;
g. If submission of biological and deoxyribonucleic acid (DNA) related evidence requiring
refrigeration occurs at a time when the Property and Evidence personnel are not present,
officers and other personnel will secure the 'evidence in the refrigerated evidence locker
[CALEA 84.1.3].
3. Accountability: The utilization of property logs, property and evidence submission forms,
inventories and other documents, shall ensure all records provide an up-to-date and correct
accountability of found, recovered, items held for investigation, safekeeping and evidentiary
property. The following information should be either placed on a Fayetteville Police Department
Property and Evidence Form or recorded in the system by way of a receipt form or incident
report for each item of evidence [CALEA 84.1.5]:
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 the time property was received until final disposition should
be maintained by an Evidence Submission Form, receipt form or incident report.
There may be circumstances in which an item of property is not turned over to
Property and Evidence personnel. These circumstances shall be documented in the
incident repori4 and_th'e prope receipt form, for example:
• Items returned immediately at the scene of collection;
• Items sent to the State Crime Lab before it was entered as evidence (Property
Evidence Submission Form required); and
• Items going to the Criminal Investigation Division and returned to owner.
e. The date and results of all inspections, inventories, and audits of record.
4. Property and Evidence Manager for Found, Recovered and Evidentiary Property: The
Property and Evidence manager shall be designated as property custodian and held accountable
for all property accepted by and stored in the department's property storage areas.
84.1.1 Property Management Page 2 of 6
5. Receipt of Package Deliveries: Property and Evidence personnel are responsible for
receiving all deliveries from the Arkansas Crime Lab. An entry should be made in the evidence
tracking system indicating the receipt of the number of unopened packages.
6. Right of Refusal: Property and Evidence personnel will have the right to refuse acceptance of
any item submitted improperly. Property and Evidence personnel will notify the appropriate
supervisor and make arrangements for the submitting officer to make necessary corrections.
B. Appointment of New Evidence Manager - In the event a new Property and Evidence
manager is appointed, a joint inventory with the new manager, a designee of the Chief of Police
and the outgoing property manager shall be held to ensure proper documentation and
accountability [CALEA 84.1.6 b].
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 and Evidence manager 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 Property and Evidence manager.
C. Inspection and Inventory —
1. The Chief of Police shall require the Property and Evidence manager to conduct a semi-
annual inspection of recovered and evidentiary property to ensure adherence to procedure
[CALEA 84.1.6 a]. This inspection shall verify the following:
a. Department orders and directives concerning property management are being followed;
b. Property is stored in such a manner as to protect it from damage and deterioration;
c. Proper accountability procedures are being maintained; and
d. Property having no further evidentiary value is being disposed of promptly.
2. The Chief of Police shall require an annual inventory of property and evidence held by the
police department. This inventory will be conducted by the Chief of Police, or a designee not
routinely or directly connected with control of the Property and Evidence Division [CALEA
84.1.6 c]. This inventory may be conducted with the assistance of the Property and Evidence
Division personnel.
3. Unannounced inspections of the property storage areas should be held when the Chief of
Police so directs, but at least once a year [CALEA 84.1.6 d]:
a. The Chief of Police shall appoint an individual and a time period to conduct spot
inspections.
84.1. l Property Management Page 3 of 6
b. Property accountability and security procedures shall receive primary attention during
spot inspections.
c. The majority of the spot inspection shall consist of a random comparison of records with
actual property items.
4. The Property and Evidence manager shall conduct an inventory count whenever a change in
Property and Evidence personnel occurs.
D. Disposition of Found, Recovered, Seized and Evidentiary Property [CALEA 84.1.1 g]
1. All attempts shall be made to return found and recovered stolen property to its rightful owners
[GALEA 84.1.1 f].
2. Evidentiary property may be returned to the owner prior to the court case with written
permission from the prosecutor, lead investigator, or judge.
3. Recovered or evidentiary property returned should be photographed when possible. This
photograph should include the person receiving the item, or the item with a valid driver's license
or government issued identification of the person receiving the item.
4. Final disposition of all found, recovered, seized and evidentiary property shall be
accomplished within six months after legal requirements have been satisfied. If the property in
question is not returned to the owner, the Property and Evidence manager will obtain a court
order to have property converted to departmental use, sold at auction or destroyed [CALEA
84.1.8].
5. Evidentiary property may be checked out to officers for court purposes. A record of chain of
custody will be maintained by the Property and Evidence manager. Officers are required to
maintain the proper chain of custody with the evidence, return it to the Property and Evidence
Division after court, and provide the Property and Evidence manager with written
correspondence to account for any items taken bythe court as exhibits [CALEA 84.1.1 g.].
6. Evidentiary property may be checked out to officers for purposes of examination. A record of
chain of custody will be maintained by the Property and Evidence manager. Officers are
required to maintain the proper chain of custody with the evidence and return it to the Property
and Evidence Division after examination. Officers may temporarily lock property in approved
lockers/cabinets within the CID lab but must maintain sole control of the respective key.
[GALEA 84.1.1 g].
E. Training Aids [CALEA 84.1.4] - Narcotic detection training for police canines is vital to
ensure the success of the canine program. The following procedures will be adhered to in order
to ensure strict and correct accountability of narcotic training aids.
1. Each canine handler or trainer will check out narcotic training aids from the Property and
Evidence Division as needed. The Property and Evidence manager will maintain records of
these transactions as detailed below:
84.1.1 Property Management Page 4 of 6
a. Training aids shall be packaged and prepared by Property and Evidence personnel in
the following manner:
• The substance will be weighed and contained in a double heat -sealed plastic
package;
• The package will contain a clearly visible label identifying the substance, its
weight, the date and time of packaging and the signature of the Evidence manager
and witness; and
• The label will have a specific training aid number unique to each training aid
package.
b. Property and Evidence personnel will issue seized narcotics that have been
adjudicated by the court for use in canine training.
• The narcotic training aids should be removed from use in training at least every
year and replaced with recently adjudicated narcotic items if possible.
2. A logbook will be created by the Property and Evidence manager and will be utilized to
maintain a record of the training aid packages.
a. It shall be the canine handler or trainer's responsibility to show Property and
Evidence personnel the narcotic training aid packages every 30 days. Each package
will be detailed in the logbook indicating the substance, training aid number and
handler to whom the item is checked out.
b. Each package logged out to the canine handler or trainer will be checked against the
logbook entry and for any apparent tampering or damage.
c. Property and Evidence personnel will sign and note the date and time of the
inspection for each entry in the logbook.
d. Property and Evidence personnel will fully inspect the training aid packages to ensure
their integrity. If any questions arise in reference to this inspection, the training aids
will be logged into evidence and the canine supervisor will be notified.
e. If Property and Evidence personnel suspects the training aids to have been tampered
with or if they are missing, the patrol captain will be notified immediately and will
cause a complaint to be filed with the Office of Professional Standards.
f. If the packaging appears to have minor damage but the integrity is intact, Property
and Evidence personnel will repackage the training aid and notify the patrol captain.
F. Storage of Property, Found, Recovered, Seized, Safekeeping, Investigations and
Evidentiary Property [CALEA 84.1.1 e.]
1. Storage: All property stored by the department shall be held in designated secure areas
[CALEA 84.1.2]. Items of in -custody property that, by their very nature, require extra
security shall be stored in separate and locked locations within the evidence room, i.e.
narcotic and dangerous drugs, firearms, money and distinguishably expensive jewelry
[GALEA 84.1.1 e.].
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 [CALEA 84.1.2].
84.1.1 Property Management Page 5 of 6
3. Narcotics:
a. Storage of narcotics and dangerous drugs shall be the responsibility of Property and
Evidence personnel.
b. Narcotic and dangerous drug evidence (capsules, pills, etc.) shall be counted and
weighed by the submitting officer. The substance will then be sealed in a tamper-
proof protective packaging and initialed by the officer on the seal. All drug evidence
handled by the Fourth Judicial District Drug Task Force should have a Property and
Evidence Submission Form completed prior to submission to the State Crime Lab.
This form must be submitted to Property and Evidence personnel for entry into the
system.
4. Perishable Items: All perishable items of evidence, such as blood or urine specimens, should
be stored in a secure refrigerator in the evidence room whenever possible so their properties will
be as unchanged as possible before they are examined in a laboratory or presented in court.
5. Money: Any time money is inventoried or seized, it should be counted in front of the
person(s) from whom it is being taken. If this is not possible, the "two-man" rule will apply. In
other words, a minimum of two officers will count the money and sign both the receipt and
submission form. The money should be packaged separately from other evidence items. The
amount and denomination of the currency should be recorded on a tally sheet. The tally sheet
should be completed prior to removing it from the point of seizure and then attached to a
submission form.
6. Vehicles or Other Large Items:
All vehicles or other large items seized as evidence in drug investigations or other felony crimes
should have a Property and Evidence Submission Form completed and turned in to Property and
Evidence personnel. Property and Evidence personnel will arrange to have the vehicle or other
large items•securedin the department authorized off -sight facility!,
7. Evidence Not To Be Destroyed:
a. Felony evidence listed below shall not be disposed of:
• Homicide (solved or unsolved);
• When suspect is incarcerated and an appeal is possible;
• When no suspect and the statute of limitations has not yet run; or
• Evidence is part of a suspected serial crime.
b. Misdemeanor evidence listed below shall not be disposed of:
• Property has not yet been held past the 30 -day appeal period after the final
disposition has been entered; or
• The statute of limitations has not yet run.
84.1.1 Property Management Page 6 of 6
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 42.1.1 Criminal Investigations
Effective Date:
May 1, 2012
Reference: 44.1.1, 82.1.1
Version: 1
CALEA: 42
No. Pages: 6
I. PURPOSE
The purpose of this directive is to establish procedures relating to the Fayetteville Police
Department's Criminal Investigation function. This policy will provide guidance to both uniformed
officers and officers specializing in investigations.
II. POLICY
A. Administration
1. Fayetteville Police Department will provide and support 24-hour service capabilities for its
various criminal investigation functions [CALEA 42.1.1]:
a. Supervisors assigned to each criminal investigation function of the police department will
manage and maintain call -out protocol to include an on-call investigator duty roster.
b. Prior to assignment to an investigative position, officers must understand the importance and
necessity of an on-call function and agree and accept their individual role in this function.
2. Fayetteville Police Department will utilize a computerized case file management system to
manage reports and investigations [CALEA 42.1.3 a.], [CALEA 82.1.5]:
a. Information regarding status of cases will be systematically recorded and updated by
employees assigned to the investigative divisions and overseen by investigation supervisors.
b. Investigators will determine the status of each case [CALEA 42.1.3 b.]:
1. Open/Active- Indicates a report has been submitted and may be, or has been,
assigned for investigation.
2. Cleared by Arrest- A suspect has been identified and arrested.
3. Cleared by Exception- The case has been investigated to a satisfactory conclusion.
4. Inactive- All available leads have been exhausted, but the case has not been brought
to a satisfactory conclusion.
5. Unfounded- Investigation has determined the offense did not occur.
c. Case files should contain preliminary investigative reports, records of statements, results of
examinations of physical evidence, case status reports, and other reports needed for
investigative purposes [CALEA 42.1.3 c.].
d. Case files will be maintained, updated, and primarily accessed by assigned investigators.
Case files must be secured when not in use [CALEA 42.1.3 d.].
e. Case files will only be purged under court order or in compliance with State or Federal
guidelines [CALEA 42.1.3 e.].
42.1.1 Criminal Investigation Page 1 of 6
f. When closed or inactive case files are removed from CID for storage purposes, the case files
will become the responsibility of the Records Division. The Records Division will maintain
the case files in the off-site storage area and will be secured by padlock independent from
the overall facility. The key .will be maintained by the Records Coordinator and checked out
to authorized personnel as needed [CALEA 82.1.1b.].
3. The following guidelines will apply to the intelligence function of the Fayetteville Police
Department [CALEA 42.1.6]:
a. The intelligence function of the Fayetteville Police Department will be maintained by the
Criminal Investigation Division (CID). The administration of the intelligence function will
be overseen by the lieutenant assigned to CID [CALEA 42.1.6 a.].
b. The Fayetteville Police Department expects and requires that all levels of agency personnel
value information that may be categorized as intelligence and report such information
according to the requirements of this policy. All levels of sworn officers are required to
report on intelligence matters to the CID. Non -sworn personnel may seek the assistance of
sworn officers to collect and report information, or depending on the circumstances of the
reporting person, non -sworn personnel of the police department may collect the information
and report it to the CID [CALEA 42.1.6 b.].
c. Training for sworn personnel on the identification, reporting, and dissemination of
intelligence will be accomplished during the Field Training Officer Program [CALEA
42.1.6 c.].
d. The CID lieutenant is responsible for the analysis, security, storage, and dissemination of
intelligence information. The CID lieutenant will safeguard the integrity of all intelligence
files, ensure that legal requirements are being followed, and ensure the security of these
files. Intelligence files will be maintained separately from other agency records to prevent
compromise of the integrity of the file system [CALEA 42.1.6 d].
e. The CID lieutenant will ensure that intelligence information will be limited to criminal
conduct and activities presenting a threat to the community [CALEA 42.1.6 e].
f. Legal and privacy requirements of the intelligence function will be maintained by the CID
lieutenant [CALEA 42.1.6 f].
g. The CID lieutenant will ensure that vital intelligence information is acted upon and
successfully disseminated or transferred to corresponding components within the police
department and to outside agencies and components where that information is practical,
vital, as well as legally required [CALEA 42.1.6 g].
h. Intelligence information believed to be out of date or incorrect will be purged under the
authority of the CID lieutenant [CALEA 42.1.6 h].
i. An annual review of procedures and processes of the intelligence function will be overseen
by the CID lieutenant [CALEA 42.1.6 i].
B. Operations
1. Officers in every assignment of the department shall value the importance of each investigation.
The following steps will be considered in the preliminary investigation and documented when
applicable [CALEA 42.2.1]:
a. Securing the scene;
b. Providing aid, to the extent possible, to the injured;
c. Maintaining and protecting the crime scene and arranging for the collection of evidence
[GALEA 42.2.1 c.];
d. Observing all conditions, events, and remarks [CALEA 42.2.1 a.];
42.1.1 Criminal Investigation Page 2 of 6
e. Locating and/or identifying witnesses and suspects [CALEA 42.2.1 b.];
f. Interviewing and obtaining statements from complainants, witnesses, and suspects [CALEA
42.2.1 d.];
g. Determining whether an offense has been committed and the exact nature of the offense;
h. Effecting an arrest at the scene or through immediate pursuit of the suspect;
i. Furnishing other units with descriptions, method, direction of flight, and other relevant
information;
j. Accurately recording all pertinent information using prescribed reporting methods.
2. The following steps will be considered when conducting follow-up investigations and will be
completed when applicable [CALEA 42.2.2]:
a. Reviewing and analyzing all previous reports prepared in the preliminary phase,
departmental records, and results from laboratory examinations [CALEA 42.2.2 a.];
b. Conducting additional interviews and interrogations [CALEA 42.2.2 b.];
c. Seeking additional information from uniformed officers and informants [CALEA 42.2.2 c.];
d. Planning, organizing, conducting searches, and collecting, preserving, analyzing, and
evaluating evidence [CALEA 42.2.2 d.];
e. Identifying and apprehending suspects [CALEA 42.2.2 e.];
f. Determining suspect involvement in other crimes [CALEA 42.2.2 f.];
g. Determining in detail the exact circumstances of the offense;
h. Checking suspects' criminal histories [CALEA 42.2.2 g.];
i. Recovering stolen property;
j. Maintaining contact with case principals [CALEA 55.2.4];
k. Reporting information obtained in investigations in accordance with departmental reporting
methods;
1. Preparing cases for court presentation [CALEA 42.2.2 h.].
3. Officers of the Fayetteville Police Department must understand that persons must be afforded
certain constitutional rights in respect to interrogation and access to counsel [CALEA 1.2.3 b, c]:
a. Interrogation refers not only to express questioning, but also to any words or actions on the
part of the police, other than those normally associated with arrest and custody, that the
police should know are reasonably likely to elicit an incriminating response from a suspect.
b. When questioning a person in custody, officers shall provide the person with Miranda
Rights. (For juveniles, see FPD 44.1.1.)
c. Upon a person invoking their right to counsel, officers shall cease any line of questioning
relating to an alleged criminal offense. Once a person has invoked their right to counsel, an
interrogation may precede only in the following two scenarios: the interrogation is
conducted in the presence of an attorney, or the person that has invoked his rights makes a
self -initiated declaration to the officer that he wants to initiate further communications,
exchanges, or conversations with the police. Prior to any discussion pertaining to an alleged
criminal offense when a person makes a self -initiated declaration after having invoked his
rights to counsel, the officer should discuss clearly and openly with the person that he
invoked his rights to an attorney, is under no obligation to answer questions, and is entering
discussion with the officer at his or her own prerogative and direction.
4. For each long-term multi -jurisdictional investigative task force of which the department is a
participant, the department will ensure it maintains a directive that includes the following criteria
[CALEA 42.2.5]:
42.1.1 Criminal Investigation Page 3 of 6
a. a written purpose [CALEA 42.2.5 a.];
b. defining authority, responsibilities, and written agreements [CALEA 42.2.5 b.];
c. evaluating results and the need for continued operations [CALEA 42.2.5 c.].
5. The following rules shall apply to the department's use of technical aids for the detection of
deception [CALEA 42.2.6]:
a. The Chief of Police may choose from a variety of devices used for the detection of
deception;
b. Use of these devices will be restricted to trained personnel that have graduated from the
accepted training institutions and have demonstrated sound fundamentals in the use of
equipment;
c. Testing of juveniles requires both the consent of the juvenile and the juvenile's parent or
legal guardian
6. The following procedures shall apply to uniform and non -uniformed personnel utilizing
designated interview and interrogation rooms [CALEA 42.2.10]:
a. In the presence of persons being interviewed, officers shall not enter the interview room
with their firearms but may retain possession of other less -lethal weapons. Firearms shall be
locked in departmental provided lock boxes [CALEA 42.2.10 a.].
b. Detainees and arrested persons should be searched prior to being placed in an interview
room. The room should be searched prior to and after the person has been in the room.
Consideration shall also be given for possession of firearms to persons not under arrest
[CALEA 42.2.10 b.].
c. A detainee is under the immediate officer's care until that time he has verbally or physically
relinquished control of the detainee to another officer, either for the purposes of interviews
or transport [CALEA 42.2.10 b.].
d. During interviews, there should normally be no more than one suspect and two investigators
in the interview room. An exception to this rule is that suspects are afforded legal
representation [CALEA 42.2.10 c.].
e. All officers are provided with portable radios, and investigators are provided with cellular
phones. Prior to interviews, officers should ensure they are equipped with one or the other
as a means for summoning assistance. Interview rooms are equipped with real time audio
and video. Officers and/or supervisors should be assigned to monitor video as an extra
precaution dj.iring interviews of subjects in cases involving extraordinary security concerns.
After hours, officers and detectives should make shift supervisors assigned to the station
aware of interviews taking place [CALEA 42.2.10 d.].
f. Supervisors are responsible for maintaining minimal furnishings in the interview rooms and
should see that the rooms remain uncluttered. Interview rooms shall consist of one table and
no more than three chairs. The soft interview room shall normally be used for interviewing
victims and victims' family members. The soft interview room will consist of a table, two
comfortable chairs, and no more than two additional chairs. All officers/detectives
conducting interviews are responsible for inspection of the interview rooms and removal of
hazardous items prior to interviews [CALEA 42.2.10 e.].
g. Officers/detectives conducting interviews and interrogations should ensure that persons are
afforded adequate access to restrooms, water, and breaks [CALEA 42.2.10 f.].
h. Whenever practical, custodial interrogations should be electronically recorded.
7. Eyewitness identification is a frequently used investigative tool. The following is to establish
procedures for the eyewitness identification of suspects through the use of photographic line-ups.
42.1.1 Criminal Investigation Page 4 of 6
This department does not utilize physical line-ups. A witness' degree of attention and their
opportunity to view the criminal during the crime, the accuracy of a witness' prior description of the
suspect and their overall confidence regarding witness statement and conduct, and the length of time
between the crime and subsequent identification should be considered relevant observations in
considering a line-up [CALEA 42.2.11]:
a. Photograph line-ups will consist of a minimum of six individual photographs (six is
recommended). Only one member of the photographic line-up will be a suspect in the case.
Each member of a photographic line-up should resemble the witness's description of the
suspect's significant features, such as: age, race, facial features, weight, build, and any
unique or unusual features. If possible, the photograph should be recent and resemble the
suspect's appearance at the time the offense was committed. Photographic line-ups should
be compiled using the same quality of photo, i.e. all black and white or all color, and not a
mixture [CALEA 42.2.11 a.].
b. If possible, photographic line-ups should be video and/or audio recorded [CALEA 42.2.11
b.].
c. If the same photographic line-up is to be presented to multiple witnesses, then those
witnesses should be separated before and during the administration of the identification
process [CALEA 42.2.11 c.].
d. Before a photographic line-up identification procedure begins, the witness should be
informed that the offender may or may not be among the photographs shown. Also, before a
photographic line-up identification procedure begins, the witness should be informed that
they may take as much time as needed to review the line-up, and they are not required to
make identification [CALEA 42.2.11 d.]. The officer presenting the line-up will be alert to
the level of confidence expressed by the witness [CALEA 42.2.11 e.].
e. The officer presenting the line-up is prohibited from indicating in any way the identity of the
suspect. The witness should understand that their contribution is important whether they can
identify the suspect or not and that the investigation will continue [CALEA 42.2.11 f.].
f. All line-ups will be documented (along with the results) in a supplemental report added to
the original investigative case file [CALEA 42.2.11 g.].
8. Eyewitness identification is a frequently used investigative tool. The following is to establish
procedures for the eyewitness identification of suspects through the use of show -ups or field
identifications. Because of the inherent suggestiveness of these types of identifications, they should
be avoided if possible. However, circumstances are not always conducive to preferable
identification techniques and sometimes necessitate the use of these types of identifications. When
these show -ups or field identifications are utilized, or considered for use, the following conditions
should be considered: the witness' degree of attention and their opportunity to view the criminal
during the crime, the amount of time that the suspect was detained and brought before the witness
and the length of time since the incidents passing is reasonable, a photographic line-up is
impractical, the accuracy of the witness' prior description of the suspect, and there is an immediate
need to arrest the suspect [CALEA 42.2.12 a.]:
a. If possible, show -up / field identification line-ups should be video and/or audio
recorded.
b. The witness should be transported to the suspect's location in a police vehicle
[CALEA 42.2.12 b.].
42.1.1 Criminal Investigation Page 5 of 6
c. if there are multiple witnesses, the v► ithdsto:sliauld b6 separate, l in order to• iew the
show-up/field identification individually [CALEA 42.2.12 c.].
d. Before a show-up / field identification viewing, the witness should be advised the
subject being viewed may not be the offender, and they are not required to make
identification [CALEA 42.2.12 d.].
e. The officer presenting the line-up will be alert to both: the level of confidence
expressed by the witness, and the level of certainty demonstrated by the witness at
the identification. This information should be documented in the officer's report
[CALEA 42.2.12 e.].
f. The officer presenting the show-up / field identification is prohibited from indicating
in any way, the identity of the suspect. The witness should understand that their
contribution is important whether they can identify the suspect or not and that the
investigation will continue [CALEA 42.2.12 f.].
g. All show-ups / field identifications will be documented (along with the results) in an
officer's report and included in the investigative case file [CALEA 42.2.12 g.].
42.1.1 Criminal Investigation Page 6 of 6
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 83.1 Collection and Preservation of Evidence
Effective Date:
Reference:
Version: 1
CALEA: 83.1.1, 83.2.1, 83.2.2, 83.2.3, 83.2.4, 83.2.5, 83.2.6,
83.2.7a,b,c,d, 83.3.1, 83.3.2
No. Pages: 5
Purpose
It is important the integrity of crime scenes be properly maintained and all items of
evidence be collected, marked, maintained and processed in a professional manner to
ensure court cases are not lost or overturned due to improper or incomplete police
procedures. This policy shall apply to all members of the Fayetteville Police Department.
II. Policy
It is the policy of the Fayetteville Police Department to provide its employees with
guidelines and procedures that incorporate the effective application of scientific methods
for the collection and preservation process.
III. Procedure
A. Responsibilities:
1. The primary assigned officer is responsible for protecting a crime scene until
relieved of the responsibility. Additional officers may be requested for larger
or more complex scenes.
2. Personnel are subject to call out to crime scenes on a twenty-four (24) hour
basis. A Criminal Investigation Division (CID) supervisor must approve
requests for detectives and crime scene personnel [CALEA 83.1.1].
3. A detective or an accident investigator called to the scene will direct the
collection and preservation of evidence.
4. Officers assigned to a crime scene shall provide assistance to the detective or
crime scene personnel as necessary to include providing scene security, media
relations, crowd control or any other duties as directed.
B. Crime Scene Processing: Patrol officers may process basic crime scenes. Crime
scene personnel may process more complicated scenes or major case crime
scenes. Basic steps for processing a crime scene may include but are not limited
to [CALEA 83.2.1]:
1. Secure the scene:
83.1 Collection and Preservation of Evidence Page 1 of 5
a. On arrival to the scene, officers must locate and assist any person who
is injured, ill or needs assistance.
b. Officers shall initiate security measures to protect the scene. Officers
must prevent unauthorized persons from entering the scene. A log
should be kept of anyone entering/leaving a major crime scene.
c. Officers should not touch, move or pick up objects or disturb in any
manner any article, mark or impression that may be related to a major
crime. An emergency exception to this rule may be made when it is
necessary to protect officers and bystanders or to protect the integrity
of the evidence.
2. Assess the scene and determine the scope of the investigation.
3. Conduct a detailed search to locate evidence.
4. Record the scene [CALEA 83.2.2]:
a. Take notes of the location/condition of evidence.
b. Diagrams will be completed at all accidents and major crime scenes.
c. Photograph the evidence or video the scene if needed; photographic
evidence will be completed at all major crime and accident scenes.
Photographs and/or video should depict all possible elements of the
crime.
5. If liquids or body fluids are present, they should be collected and labeled
prior to processing for latent fingerprints due to contamination issues.
6. Process for latent fingerprint evidence [CALEA 83.2.3]:
a. Officers shall use issued print kits to process for latent prints.
b. Information about date, time and location the print was lifted
shall be documented on the print card.
c. Comparative prints should be taken from victims and witnesses if
possible.
d. Print lifts should be submitted into evidence using proper evidence
submission procedures.
7. Collect/Package physical evidence [CALEA 83.2.1]:
a. Each item of evidence should be placed in its own appropriate
container and appropriately sealed.
b. Documentation about the date, time and location the evidence was
found and by whom should be placed on each container.
c. When available for comparative purposes, a known sample of the
material or substance should be collected, packaged and maintained
[CALEA 83.3.1]. Examples include glass, hair, fibers, wood, soil, tool
marks and paint.
8. Chain of custody/transfer of evidence in the field [CALEA 83.2.1]:
a. Officers and crime scene personnel must maintain a strict chain of
custody on all items of evidence,
b. Personnel will document items of evidence collected by way of a CID
7 Receipt Form and/or Evidence Submission Form and in the incident
report.
c. Personnel providing evidence to another officer or crime scene
83.1 Collection and Preservation of Evidence Page 2 of 5
investigator in the field must ensure the receiving person
acknowledges the transfer of evidence.
d. Both the personnel providing the evidence and the personnel receiving
the evidence in the field will be required to document the transfer of
evidence in an incident report.
9. Submit all evidence to the evidence room using the proper evidence
submission procedures [CALEA 83.2.1].
10. An accurate synopsis of the evidence collection shall be included in an
incident, accident or supplemental report and should include: [CALEA
83.2.I6,[ixt]]
a. Date and time of arrival on scene;
b. Specific list of evidentiary items collected;
c. Listing of photographs and any measurements taken, and;
d. Any other applicable documentation.
C. Computer Related Evidence [ CALEA 83.2.5]:
1. Computers seized by department personnel shall be treated as evidence and
processed according to the procedures outlined herein.
2. Absent exigent circumstances, only personnel who have been trained in
computer seizures shall power off, disconnect, power on or access a computer
system, recording device or recording media that is to be seized.
3. Only individuals who are trained in computer forensics shall examine
computers, recording devices or recording media for the evidence contained
therein. The Criminal Investigation Division shall be responsible for
maintaining employees trained in computer investigations.
4. A CID supervisor shall be contacted when a computer is to be seized and
processed. A computer forensic investigator may be assigned to assist in the
seizure.
D. DNA Evidence [CALEA 83.2.7]:
1. Deoxyribonucleic acid (DNA) as an investigative tool is a major factor in
solving cases when the offender is unknown. DNA results can be
produced from very small or degraded samples. Types of biological
evidence containing DNA are blood, semen, tissue, bones, teeth, hair,
nails, and saliva.
2. First responders to a crime scene with potential DNA evidence[CALEA
83.2.7a]:
a. Officers and crime scene personnel should take notice of possible
DNA evidence and initiate measures to protect it from contamination
or being destroyed.
b. Officers and crime scene personnel should use appropriate biohazard
protective gear, if necessary, for personal safety and to avoid direct
contact with blood or body fluids.
3. Collection of DNA Evidence [CALEA 83.2.7b]:
83.1 Collection and Preservation of Evidence Page 3 of 5
a. Tissue, blood stains and other body fluids:
1) Samples are recovered by swabbing or collection of the
stained item itself.
2) The stain can be swabbed by using a sterile cotton swab or
patch lightly moistened with distilled water. The swab/patch
should be allowed to dry and placed in an envelope or other
sterile container.
3) If the stained item can be collected, it should be packaged in
a clean paper wrapper or wrap. If the stain is wet, allow it to
air dry before packaging.
4) Each item of evidence will be labeled, marked and packaged
individually and properly submitted to the Property and
Evidence Division.
5) Collected items containing suspected DNA material should
never be placed in plastic.
b. DNA samples from persons (Buccal Swab) [CALEA 1.2.8 a.]:
1) A buccal swab is a search of a subject's mouth that maybe
collected by an officer, detective, or crime scene personnel,
only by consent or search warrant.
2) To obtain a buccal swab, a sterile cotton swab should be
rubbed vigorously on the inside cheek lining (both right and
left cheek) of a person for 20-30 seconds. The sample should
be allowed to dry, placed into a swab box or similar
container, properly labeled and submitted to the
Property/Evidence Room.
3) Buccal swabs should never be packaged in plastic.
c. Bones, Teeth, Hair and Nails:
1) Sterile latex gloves should be used to transfer the item of
evidence onto a clean piece of paper, envelope or other
sterile container.
2) Each item of evidence will be labeled, marked and packaged
individually and properly submitted to the Property and
Evidence Division.
E. Training [CALEA 83.2.7c]:
1. All persons responsible for major crime scene processing shall receive
specialized training to develop the following skills:
a. Recovery of latent finger/palm prints;
b. Recovery of foot, tool and tire impressions;
c. Photographing crime scenes;
d. Preparing crime scene diagrams;
e. Collecting, preserving and transmitting physical evidence, and;
f. DNA evidence collection.
83.1 Collection and Preservation of Evidence Page 4 of 5
2. All officers shall be trained in basic crime scene processing.
F. Equipment [CALEA 83.2.4]:
1. Patrol officers will be equipped with basic photography and fingerprinting
equipment and other supplies used to collect and preserve physical
evidence [CALEA 83.2.4 a., b., d.].
2. Personnel may use department authorized software for completing crime
scene and accident sketches [83.2.4 c.].
3. The crime scene vehicle shall contain equipment and supplies that allows
timely and effective processing of the scene to include:
a. Recovery of latent finger/palm prints [CALEA 83.2.4 a.];
b. Photography [CALEA 83.2.4 b.];
c. Diagram of the scene [CALEA 83.2.4 c.], and;
d. Collection and preservation of physical evidence [CALEA 83.2.4 d.].
G. Analysis/Examination [CALEA 83.3.2, 83.2.7d]:
1. Evidence requiring expert analysis/examination shall be submitted to the
Arkansas State Crime Laboratory or other duly certified institution.
2. Evidence should be packaged in a manner that is consistent with the
requirements of the receiving laboratory [CALEA 83.3.2 b].
3. A Crime Lab Submission Sheet must be completed for those items of
evidence requiring expert analysis and examination [CALEA 83.3.2 c.].
4. The investigating officer, detective, crime scene personnel, or Property
and Evidence personneli must complete the Crime Lab Submission Sheet
[CALEA 83.3.2 d].
5. Employees of the Property and Evidence Division will normally transport
evidence items to the Arkansas State Crime Lab for analysis/examination
and ensure the chain of custody is maintained properly. It is recognized
other members of the police department, such as detectives, may make a
submission of evidence to the crime lab for analysis/examination. In such
cases, that employee will maintain appropriate chain of custody [CALEA
83.3.2 a.].
6. Results of such analysis/examination shall be made in writing and filed
with the appropriate incident report [CALEA 83.3.2 e.].
83.1 Collection and Preservation of Evidence Page 5 of 5
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 83.1 Collection and Preservation of Evidence
Effective Date:
Reference:
Version: 1
CALEA: 83.1.1, 83.2.1, 83.2.2, 83.2.3, 83.2.4, 83.2.5, 83.2.6,
83.2.7a,b,c,d, 83.3.1, 83.3.2
No. Pages: 5
I. Purpose
It is important the integrity of crime scenes be properly maintained and all items of
evidence be collected, marked, maintained and processed in a professional manner to
ensure court cases are not lost or overturned due to improper or incomplete police
procedures. This policy shall apply to all members of the Fayetteville Police Department.
II. Policy
It is the policy of the Fayetteville Police Department to provide its employees with
guidelines and procedures that incorporate the effective application of scientific methods
for the collection and preservation process.
III. Procedure
A. Responsibilities:
1. The primary assigned officer is responsible for protecting a crime scene until
relieved of the responsibility. Additional officers may be requested for larger
or more complex scenes.
2. Personnel are subject to call out to crime scenes on a twenty-four (24) hour
basis. A Criminal Investigation Division (CID) supervisor must approve
requests for detectives and crime scene personnel [CALEA 83.1.1].
3. A detective or an accident investigator called to the scene will direct the
collection and preservation of evidence.
4. Officers assigned to a crime scene shall provide assistance to the detective or
crime scene personnel as necessary to include providing scene security, media
relations, crowd control or any other duties as directed.
B. Crime Scene Processing: Patrol officers may process basic crime scenes. Crime
scene personnel may process more complicated scenes or major case crime
scenes. Basic steps for processing a crime scene may include but are not limited
to [CALEA 83.2.1]:
1. Secure the scene:
83.1 Collection and Preservation of Evidence Page 1 of 5
a. On arrival to the scene, officers must locate and assist any person who
is injured, ill or needs assistance.
b. Officers shall initiate security measures to protect the scene. Officers
must prevent unauthorized persons from entering the scene. A log
should be kept of anyone entering/leaving a major crime scene.
c. Officers should not touch, move or pick up objects or disturb in any
manner any article, mark or impression that may be related to a major
crime. An emergency exception to this rule may be made when it is
necessary to protect officers and bystanders or to protect the integrity
of the evidence.
2. Assess the scene and determine the scope of the investigation.
3. Conduct a detailed search to locate evidence.
4. Record the scene [CALEA 83.2.2]:
a. Take notes of the location/condition of evidence.
b. Diagrams will be completed at all accidents and major crime scenes.
c. Photograph the evidence or video the scene if needed; photographic
evidence will be completed at all major crime and accident scenes.
Photographs and/or video should depict all possible elements of the
crime.
5. If liquids or body fluids are present, they should be collected and labeled
prior to processing for latent fingerprints due to contamination issues.
6. Process for latent fingerprint evidence [CALEA 83.2.3]:
a. Officers shall use issued print kits to process for latent prints.
b. Information about date, time and location the print was lifted
shall be documented on the print card.
c. Comparative prints should be taken from victims and witnesses if
possible.
d. Print lifts should be submitted into evidence using proper evidence
submission procedures.
7. Collect/Package physical evidence [CALEA 83.2.1]:
a. Each item of evidence should be placed in its own appropriate
container and appropriately sealed.
b. Documentation about the date, time and location the evidence was
found and by whom should be placed on each container.
c. When available for comparative purposes, a known sample of the
material or substance should be collected, packaged and maintained
[CALEA 83.3.1]. Examples include glass, hair, fibers, wood, soil, tool
marks and paint.
8. Chain of custody/transfer of evidence in the field [CALEA 83.2.1]:
a. Officers and crime scene personnel must maintain a strict chain of
custody on all items of evidence.
b. Personnel will document items of evidence collected by way of a CID
7 Receipt Form and/or Evidence Submission Form and in the incident
report.
c. Personnel providing evidence to another officer or crime scene
83.1 Collection and Preservation of Evidence Page 2 of 5
investigator in the field must ensure the receiving person
acknowledges the transfer of evidence.
d. Both the personnel providing the evidence and the personnel receiving
the evidence in the field will be required to document the transfer of
evidence in an incident report.
9. Submit all evidence to the evidence room using the proper evidence
submission procedures [CALEA 83.2.1].
10. An accurate synopsis of the evidence collection shall be included in an
incident, accident or supplemental report and should include: [CALEA
83.2.GJHt]]
a. Date and time of arrival on scene;
b. Specific list of evidentiary items collected;
c. Listing of photographs and any measurements taken, and;
d. Any other applicable documentation.
C. Computer Related Evidence [ CALEA 83.2.5]:
1. Computers seized by department personnel shall be treated as evidence and
processed according to the procedures outlined herein.
2. Absent exigent circumstances, only personnel who have been trained in
computer seizures shall power off, disconnect, power on or access a computer
system, recording device or recording media that is to be seized.
3. Only individuals who are trained in computer forensics shall examine
computers, recording devices or recording media for the evidence contained
therein. The Criminal Investigation Division shall be responsible for
maintaining employees trained in computer investigations.
4. A CID supervisor shall be contacted when a computer is to be seized and
processed. A computer forensic investigator may be assigned to assist in the
seizure.
D. DNA Evidence [CALEA 83.2.71:
Deoxyribonucleic acid (DNA) as an investigative tool is a major factor in
solving cases when the offender is unknown. DNA results can be
produced from very small or degraded samples. Types of biological
evidence containing DNA are blood, semen, tissue, bones, teeth, hair,
nails, and saliva.
2. First responders to a crime scene with potential DNA evidence[CALEA
83.2.7a]:
a. Officers and crime scene personnel should take notice of possible
DNA evidence and initiate measures to protect it from contamination
or being destroyed.
b. Officers and crime scene personnel should use appropriate biohazard
protective gear, if necessary, for personal safety and to avoid direct
contact with blood or body fluids.
3. Collection of DNA Evidence [CALEA 83.2.7b]:
83.1 Collection and Preservation of Evidence Page 3 of 5
a. Tissue, blood stains and other body fluids:
1)
Samples are recovered by swabbing or collection of the
stained item itself.
2)
The stain can be swabbed by using a sterile cotton swab or
patch lightly moistened with distilled water. The swab/patch
should be allowed to dry and placed in an envelope or other
sterile container.
3)
If the stained item can be collected, it should be packaged in
a clean paper wrapper or wrap. If the stain is wet, allow it to
air dry before packaging.
4)
Each item of evidence will be labeled, marked and packaged
individually and properly submitted to the Property and
Evidence Division.
5)
Collected items containing suspected DNA material should
never be placed in plastic.
b. DNA samples from persons (Buccal Swab) [CALEA 1.2.8 a.]:
1) A buccal swab is a search of a subject's mouth that may be
collected by an officer, detective, or crime scene personnel,
only by consent or search warrant.
2) To obtain a buccal swab, a sterile cotton swab should be
rubbed vigorously on the inside cheek lining (both right and
left cheek) of a person for 20-30 seconds. The sample should
be allowed to dry, placed into a swab box or similar
container, properly labeled and submitted to the
Property/Evidence Room.
3) Buccal swabs should never be packaged in plastic.
c. Bones, Teeth, Hair and Nails:
1) Sterile latex gloves should be used to transfer the item of
evidence onto a clean piece of paper, envelope or other
sterile container.
2) Each item of evidence will be labeled, marked and packaged
individually and properly submitted to the Property and
Evidence Division.
E. Training [CALEA 83.2.7c]:
1. All persons responsible for major crime scene processing shall receive
specialized training to develop the following skills:
a. Recovery of latent finger/palm prints;
b. Recovery of foot, tool and tire impressions;
c. Photographing crime scenes;
d. Preparing crime scene diagrams;
e. Collecting, preserving and transmitting physical evidence, and;
f. DNA evidence collection.
83.1 Collection and Preservation of Evidence Page 4 of 5
2. All officers shall be trained in basic crime scene processing.
F. Equipment [CALEA 83.2.4]:
1. Patrol officers will be equipped with basic photography and fingerprinting
equipment and other supplies used to collect and preserve physical
evidence [CALEA 83.2.4 a., b., d.].
2. Personnel may use department authorized software for completing crime
scene and accident sketches [83.2.4 c.].
3. The crime scene vehicle shall contain equipment and supplies that allows
timely and effective processing of the scene to include:
a. Recovery of latent finger/palm prints [CALEA 83.2.4 a.];
b. Photography [CALEA 83.2.4 b.];
c. Diagram of the scene [CALEA 83.2.4 c.], and;
d. Collection and preservation of physical evidence [CALEA 83.2.4 d.].
G. Analysis/Examination [CALEA 83.3.2, 83.2.7d]:
1. Evidence requiring expert analysis/examination shall be submitted to the
Arkansas State Crime Laboratory or other duly certified institution.
2. Evidence should be packaged in a manner that is consistent with the
requirements of the receiving laboratory [CALEA 83.3.2 b].
3. A Crime Lab Submission Sheet must be completed for those items of
evidence requiring expert analysis and examination [CALEA 83.3.2 c.].
4. The investigating officer, detective, crime scene personnel, or Property
and Evidence personnemust complete the Crime Lab Submission Sheet
[CALEA 83.3.2 d].
5. Employees of the Property and Evidence Division will normally transport
evidence items to the Arkansas State Crime Lab for analysis/examination
and ensure the chain of custody is maintained properly. It is recognized
other members of the police department, such as detectives, may make a
submission of evidence to the crime lab for analysis/examination. In such
cases, that employee will maintain appropriate chain of custody [CALEA
83.3.2 a.].
6. Results of such analysis/examination shall be made in writing and filed
with the appropriate incident report [CALEA 83.3.2 e.].
83.1 Collection and Preservation of Evidence Page 5 of 5
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 44.1.1 Juvenile Operations
Effective Date:
May 1, 2012
Reference: 44.2.4
Version: 1
CALEA: 44
No. Pages: 3
I. PURPOSE
The purpose of this directive is to establish policies concerning the department's juvenile
programs and the processing of juvenile offenders and victims [CALEA 44.1.1].
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 maintain an investigative division with
specializations associated with juvenile matters, this division will fall under the
command of the Criminal Investigation Division (CID).
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
CID. In particular, all patrol officers should familiarize themselves in proper
handling of juvenile problems, both criminal and non -criminal.
3. The Fayetteville Police Department will strive to maintain a working relationship
with other elements of the juvenile justice system, namely the Washington County
Juvenile Court and the Washington County Prosecutor's Office.
4. An additional resource regarding Juvenile Operations is the School Resource
Officer Division (reference can be made to FPD 44.2.4).
B. OPERATIONS
1. Encountering Abuse and Neglect:
a. Any time an officer encounters a juvenile who has been exposed to neglect
or abuse, the officer shall report the neglect and or abuse to the Arkansas State
Police Hot Line. Contacting the local DHS office or a local DHS employee
does not fulfill the obligation of reporting to the hot line.
44.1. l Juvenile Operations Page 1 of 4
2. Taking Juvenile Into Custody - A juvenile may be taken into custody without a
warrant:
a. Pursuant to an order of the court under Arkansas Code § 9-27-301 (Act 273 of
1989); or
b. By a law enforcement officer without a warrant under circumstances as set
forth in Arkansas Rules of Criminal Procedure 4.1 (also see Policy 1.2.1); or
c. By a law enforcement officer or by a duly authorized representative of the
Department of Human Services (DHS) 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 [CALEA 44.2.2 b.].
d. When determining to take a child into protective custody, officers will follow
the legal guidelines of Arkansas law. When necessary, officers may seek
guidance from a supervisor [CALEA 44.2.2 b.].
3. Alternatives to Arrests of Juveniles for Delinquent Acts - Officers making contact
with a juvenile who has committed a delinquent act which does not involve a victim,
(such as loitering, etc.) or an act whose victim does not wish to press charges may use
alternatives to arrest [CALEA 44.2.1 a.] [CALEA 44.2.2 a.].
a. Alternatives to arrest include: verbal warning, referral to a School Resource
Officer or other juvenile services office, conference with the juvenile's
parent(s) or guardian, or report and referral to Washington County
Prosecutor's Office Juvenile Division [CALEA 44.2.1 c.].
b. If alternatives to arrest are employed, it is not necessary to contact any
officials with the juvenile court system.
4. Taking a Juvenile into Custody - With or Without a Warrant
a. No juvenile shall be incarcerated in the Washington County Jail. An
exception to this is afforded to prosecutors under state law, when charging
juveniles as adults [CALEA 44.2.2 c.].
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
[CALEA 44.2.2 e].
c. When a juvenile is arrested and taken into custody the officer should contact
the juvenile intake officer of the Washington County Juvenile Court to discuss
terms and conditions of release or detention. Officers will follow the direction
of the juvenile intake officer of the Washington County Juvenile Court who
will decide if the juvenile is to be released to a parent/guardian or is to be
taken to Washington County Juvenile Detention Center. If the intake officer
directs the juvenile to the detention center, the officer will take the juvenile to
the detention center without delay, unless the juvenile is in need of emergency
44.1.1 Juvenile Operations Page 2 of 4
medical treatment. If the juvenile is in need of emergency medical treatment,
officers will follow FPD 71.1.1. At that point, the juvenile's medical care will
receive priority. The intake officer of Washington County Juvenile Court
should be notified of the juvenile's condition ,and assist in determining how
the juvenile isto remain in custody during medical treatment or make
additional release determinations [CALEA 44.2.2 d.]
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 [CALEA 44.2.1 b.]. If the juvenile is to be released on a traffic
violation that would go through Fayetteville District Court, it is not necessary
to obtain the authorization of the Washington County Juvenile Court Intake
Officer. However, if the juvenile is to be released on a criminal violation that
would go through Washington County Juvenile Court, the intake officer
should be contacted.
e. Traffic Offenses - 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 [CALEA 44.2.2 d].
5. 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. When determining to take a
child into protective custody, officers will follow the legal guidelines of
Arkansas law under Title 12-12-516. When necessary, officers may seek
guidance from a supervisor [CALEA 44.2.2 b].
b. Any officer taking a juvenile into custody as a "Dependent -neglected
juvenile" should immediately contact the Washington County Department of
Human Services. Custody of the juvenile will then be transferred to the
Washington County Department of Human Services.
6. Investigation of Juvenile Offender- Interrogation [CALEA 44.2.3]
a. Officers of the Fayetteville Police Department must understand that just like
adults, juveniles must be afforded certain constitutional rights in respect to
Miranda rights. When a juvenile is taken into custody for a delinquent act or
criminal offense, a juvenile may invoke his or her right to speak to a parent or
guardian in addition to standard Miranda.
b. During an interrogation, the juvenile's parent or guardian must be present in
the building; the parent or guardian must be aware the juvenile waived his/her
rights; the parent or guardian must have had the chance to speak with the
juvenile about the waiver and the parent or guardian should sign the waiver
before an investigator questions a juvenile in custody.
c. When questioning a juvenile in custody for a delinquent act or criminal
offense, officers shall provide the juvenile his or her rights using the Juvenile
Waiver of Right to Counsel form and answer any questions that may ensure
44.1.1 Juvenile Operations Page 3 of 4
the juvenile understands his or her rights. Officers should refer to Arkansas
Statute 9-27-317 that governs Questioning of a Juvenile.
d. The duration of interrogation officers or detectives conduct will be reasonable
in length. Officers and detectives must understand that the voluntariness of
the juvenile's statement will be judged by the totality of the circumstances
which may involve a review of several factors: Officers should take into
consideration the age, intelligence, educational background, psychological
state of the juvenile, mental capacity, including whether the defendant is
nervous, physical condition and if an officer with training in youth matters is
available or present. Officers should consider the juvenile's prior experience
in the criminal system, whether the juvenile is suffering from any injury or
pain at the time the statement is given, the time of day, any length of
confinement, and whether the juvenile is tired and is desirous of sleep.
e. During the interrogation, the juvenile should not normally be handcuffed
unless they are a danger to themselves or others. Juveniles should not be
threatened with bodily harm or made promises of leniency for cooperation.
f. During interrogation of the juvenile at the Fayetteville Police Department,
officers shall not enter the interview room with their firearms but may retain
possession of other less -lethal weapons. Firearms shall be locked in
departmental provided lock boxes. During the interrogation, there shall be no
more than, one suspect and two investigators in the interview room. An
exception to this rule is that suspects are afforded legal representation, or
accompanied by a parent, guardian, or other representative.
g. Officers/detectives conducting interrogations should ensure that the juvenile is
afforded adequate access to restrooms, water, and breaks.
h. Officers/detectives should ensure the juvenile is familiar with English prior to
conducting the interrogation. If the juvenile is not familiar with English and
speaks another language, officers/detectives should make arrangements for an
interpreter or arrange for an officer to conduct the interrogation in the
juvenile's language.
i. Juveniles who are in the custody of the Department of Human Services must
be represented by their attorney ad litem before they can be questioned by
police.
44.1.1 Juvenile Operations Page 4 of 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 41.2.11 Use of Department Vehicles
Effective Date:
May 1, 2012
Reference: 41.2.8, 41.2.13
Version: 1
CALEA: 41.3.1, 41.3.2, 53.1.1
No. Pages: 4
I. Purpose
The purpose of this policy is to establish guidelines for the use and operation of vehicles owned,
leased or operated by the Fayetteville Police Department.
II. Policy
Officers and employees of this department shall operate department vehicles in a legal, safe and
courteous manner. Employees shall not abuse or misuse department vehicles and equipment.
Employees are responsible for the care and maintenance of vehicles in their control. Employees
shall make proper use of vehicle safety equipment while operating department owned or
authorized vehicles.
III. Procedures
A. Vehicle Safety Inspection - Patrol vehicles shall be inspected on a daily basis by the officer
assigned to the vehicle. [CALEA 53.1.1]
1. Deficiencies shall be noted and brought to the attention of a supervisor to make a
determination as to whether the vehicle should be removed from service until repaired.
Repair requests will be completed on vehicle maintenance requests.
2. Equipment required for patrol vehicles will be replenished or repaired upon inspection
or as needed.
3. The inspection will be documented on officers' daily activity reports.
B. Vehicle Equipment
1. Patrol vehicles will be conspicuously marked and outfitted with the following
specifications: [CALEA 41.3.1 ]
a. Exterior mounted operational emergency lights
b. Siren
c. Agency's name in reflective materials
d. Unit number
e. Reflective striping on sides
41.2.11 Use of Department Vehicles Page 1 of 4
2. Equipment required for patrol vehicles will be replenished or repaired upon inspection
or as needed [CALEA 41.3.2].
a. The department will assign a primary and secondary supervisor to monitor
equipment needs and deficiencies through the use of inspections and the daily
vehicle inspection process. Assigned supervisors will be listed on the Duty
Assignment Roster.
b. Vehicles will be inspected daily by officers assigned to the unit. Officers are
required .daily to report any vehicle deficiencies or deficient items in writing to their
shift supervisor.
c. Those supervisors assigned as primary on the Duty Assignment Roster for unit
supplies/unit inspections will oversee an annual inspection of vehicles and vehicle
equipment and report the results through memorandum to the patrol captain.
d. Items reported as being deficient will be replenished by a shift supervisor through
the Quartermaster System.
3. Equipment for patrol vehicles to maintain operational readiness includes but is not
limited to [CALEA 41.3.2]:
a. Fire extinguisher
b. Tire deflation device
c. Spare tire/jack
d. 50 ft. measuring tape and rolling tape measure
e. Blanket
f. Crime scene tape
g. Paper towels and bags
h. Personal protective equipment — gloves, masks, shoe covers, tyvex suit
i. Radar unit and tuning forks
j. Digital camera
k. VL removal tool
1. Prisoner leg straps/belly chain
m. First Aid Kit
n. Disinfectant
4. Supervisor patrol vehicles will contain a door entry breaching kit. [CALEA 41.3.2]:
C. Take Home Units- Officers will be assigned either a marked or unmarked vehicle for use
according to the responsibilities of the officer's position and the needs of the department (i.e.
canine units, drug task force officers, etc).
1. To serve as a crime deterrent, take home units that are marked will be parked in the
officer's driveway or an openly prominent location at the officer's residence.
2. The assignment of a take home unit is a privilege, not a right, and can be revoked at any
time. Assignment of a take home unit is determined by the Chief of Police.
3. No alcoholic beverages are to be consumed or carried in take home units, nor are they
to be driven after the officer has been consuming alcoholic beverages.
4. While off duty, officers will not take law enforcement action to address a minor
violation. The off duty officer in a marked unit should be prepared to assist in traffic
control on motor vehicle collisions until assigned officers arrive.
a. While off duty,
41.2.11 Use of Department Vehicles Page 2 of 4
b. Officers in take home units must carry their credentials and service weapon.
c. While off duty, officers in take home units will dress in such a manner as to
not discredit the department should they have to perform in a professional
capacity.
5. Use of take home vehicles is limited to commuting to and from work, court, training,
and other approved functions or other de minimis use.
6. Take home vehicles can be driven to department approved extra jobs requiring the
performance of law enforcement duties.
a. Assigned vehicles will not be used to patrol private property. The vehicle will
be parked at a suitable location while security/protective services are being
performed.
D. Command vehicles are assigned to Captains whose responsibilities are critical to the
operational efficiency of the police department, and the use of command vehicles is determined
by the Chief of Police. Captains must be able to communicate with the department at all times
and are subject to immediate response when needed. Command vehicles may be marked or
unmarked as determined by the Chief of Police.
E. Special Purpose Vehicles [CALEA 41.1.31
1. Motorcycles, bicycles, the ERT Transport Vehicle, and any other non -conventional
vehicles shall be considered special-purpose vehicles of the Fayetteville Police
Department and shall be treated accordingly.
2. The above mentioned special-purpose vehicles shall only be operated by authorized and
assigned personnel that have completed or are undergoing required training as
determined by the Fayetteville Police Department. In the event of a life threatening
situation, sworn personnel not typically authorized may make use of a special-purpose
vehicle.
3. The supervisor assigned over the unit of primary use of each special-purpose vehicle
shall be responsible for required maintenance and for the determination and upkeep of
required equipment to be kept in or on the vehicle.
F. Vehicle Operation
1. Employees shall operate department vehicles in a careful and prudent manner. Unsafe,
negligent or reckless driving is prohibited. Traffic laws and department policies shall
be followed unless emergency circumstances warrant otherwise.
2. Department vehicles will be kept clean and serviceable at all times (i.e. washed,
vacuumed, fueled, etc).
3. Seatbelt usage — refer to 41.2.13
4. When parked and/or unattended, department vehicles, when practical, shall be properly
secured by:
a. Locking the doors
b. Ensuring the windows are up
c. Ensuring any firearm in the vehicle is locked/secured
41.2.11 Use of Department Vehicles Page 3 of 4
5. Due to the nature of law enforcement work, officers are allowed to eat and/or drink in
department vehicles; however, the vehicles must be kept clean of debris and trash by
the end of the shift.
6. Passengers will generally be limited to police officers, city employees or other
governmental officials. However, limited transportation of others is permissible, such
as the transportation of an immediate family member to school or work or other
incidental transportation needs. Exceptions to this rule include detainees, persons
needing assistance, persons authorized in a ride along, persons assisting the officer or
other persons with approval of a supervisor.
7. Authorization and protocol for citizen ride along program are as follows:
a. An "Indemnify, Defend and Hold Harmless" agreement must be signed by the
citizen wishing to participate in a ride along.
b. The citizen shall only be permitted to ride with personnel approved by a
supervisor.
C. The citizen shall follow the directives of the patrol officer to whom they
may be assigned.
d. The citizen shall remain in the patrol unit unless the officer directs the citizen
that it is safe to exit the unit. The citizen shall not exit the vehicle on any
"high risk" calls to which they may be assigned. This includes family
violence calls unless no elements of risk are present nor are expected and only
a reporting procedure is necessary.
e. Under no circumstances will a citizen be present in a patrol vehicle involved
in any aspect of a pursuit.
8. Employees are prohibited from taking department vehicles outside the city limits of
• Fayetteville. Exceptions to this rule include:
a. Following up on an investigation, with supervisor approval
b. Police pursuit (Further reference can be made to 41.2.8, Pursuit policy)
c. Completing an assignment, with supervisor approval
d. Picking up supplies
e. Going to court
f. Take home units authorized by the Chief of Police
g. Attending meetings, training, etc.
41.2.11 Use of Department Vehicles Page 4 of 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 1.2.2 Warrantless Detention, Search & Seizure
Effective Date:
November 15, 2011
Reference: 61.4.3
Version: 1
CALEA: 1.2.3, 1.2.4
No. Pages: 4
I. Purpose
The purpose of this policy is to establish guidelines for temporary detention, warrantless search
and seizure decisions by officers in order to assure they are made in a manner consistent with
constitutional guidelines, federal and state laws.
II. Definitions
Consent: Permission for an officer to search a constitutionally protected area given by a person
with standing to grant it. Permission must be given without force, duress or coercion of any
kind.
Field Interview: A field interview is a brief interview of a person to determine the person's
identity and to resolve the officer's suspicions about possible criminal activity. A field interview
is intended to resolve an ambiguous situation. A field interview contrasts with an investigative
stop in that an investigative stop must be based upon reasonable suspicion of criminal behavior.
A field interview may be conducted only with the voluntary cooperation of the citizen being
interviewed and shall be immediately terminated if the citizen does not wish to speak.
Frisk: A frisk is a "pat down" of the outer garments for a weapon or contraband.
Investigative Stop: An investigative stop is the temporary detention of a subject when the
officer has reasonable suspicion that criminal activity has occurred, is occurring or is about to
occur and that the person to be stopped is involved or is a witness.
Probable Cause: 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.
III. Procedure
A. Field Interview — The fourth amendment allows an officer to approach a person and ask if
he/she is willing to answer questions, and to ask questions if the person is willing to listen and
respond. The person shall not be detained and may leave at any time without answering
questions. No stop or detention of a person or a driver of a vehicle is allowed. The person's
1.2.2 Warrantless Detention, Search & Seizure Page 1 of 4
voluntary answers to such questions may be offered into evidence in any subsequent criminal
proceedings. [CALEA 1.2.3 a]
B. Investigative Stop — An officer may temporarily detain a person if reasonable suspicion exists
that a crime has been committed, is committed or is about to be committed; or the officer
reasonably suspects the person is illegally carrying a concealed weapon.
1. Officers may make such stops even if probable cause is insufficient to make an arrest.
2. The following factors may be considered in determining whether reasonable suspicion
exists to justify an investigative stop of a person. These factors must be considered in
view of the officer's training, knowledge and experience. All of the factors need not be
present in order to establish reasonable suspicion:
a. The officer has valid knowledge that a person has a prior felony record.
b. The person fits the description of a wanted person.
c. The person has exhibited conduct in an attempt to conceal an object from the
officer's view.
d. The person exhibits unusual behavior.
e. The area or time of day is indicative of possible criminal activity.
f. Hearsay information or an anonymous tip is acceptable dependent upon the
content of the information and the degree of reliability. An officer must
corroborate some of the hearsay information when developing reasonable
suspicion to conduct the investigative stop.
3. An investigative stop must be conducted as briefly as possible. The stop must be
restricted only to the time necessary to confirm or dispel the officer's reasonable
suspicion of criminal activity.
a. Upon determining the basis for the stop no longer exists, the person detained will
be immediately released.
b. The detention period may be lengthened only if the suspicion becomes reinforced
with additional supportive information or if the officer develops probable cause.
4. Field Interview (FI) Cards: Officers are encouraged to conduct field interviews as an
investigative tool, crime prevention and information in collecting, preserving and
disseminating information on potential suspects or criminal activity. Officers shall
document all field interviews on a "Field Interview" form in order to provide other
officers and investigators with information concerning suspicious activities or persons.
Completed field interview cards will be submitted to the Criminal Investigation Division
(CID) for entry in to the department's Records Management System.
C. Frisk — Although an officer may have reasonable cause to stop an individual, there must be a
separate belief, based on articulable facts, that the subject is armed and dangerous in order to
justify a frisk. The purpose of the frisk is not to discover a crime, but to allow the officer to
continue the investigation without fear of violence. [CALEA 1.2.4]
1. The frisk is limited to a pat down of the outer clothing.
2. If bulky clothing, such as a heavy overcoat, is worn the officer may require the subject to
open or temporarily remove the coat in order to complete the pat down.
1.2.2 Warrantless Detention, Search & Seizure Page 2 of 4
D. Search Incidental to Lawful Arrest — An officer shall search a subject incidental to that
subject's lawful arrest for any weapons, contraband or evidence of the crime. The search shall
be confined to the subject arrested and that subject's access area at the time of arrest [CALEA
1.2.5 commentary].
1. The search may extend beyond the arrestee's access area for other persons who the
officer has reason to believe may endanger the safety of the officer making the arrest.
2. The search should be limited to locating and controlling the movements of such persons.
3. An officer should not make an arrest solely as a pretext to search for evidence.
E. Search by Consent — An officer may conduct a search of any person, place or thing without
probable cause when the person having legal control over that area consents to the search.
[CALEA 1.2.4]
1. Consent must be freely and voluntarily given. Consent must be granted by a person who
appears to possess the competent mental ability and language skills to fully understand
the circumstances.
2. Burden of proof consent was granted is on the officer.
3. Consent may be verbal or written. Officers must inform the subject he/she has the right
to refuse a consensual search of a residence; such warning is not required for consensual
search of a vehicle.
4. Consent may be withdrawn at any time by the subject.
5. Scope of the search may be limited in any way the subject wishes.
6. If the search exceeds the authorized scope, it is unlawful.
F. Officers may enter and search a constitutionally protected area under lawful exigent
circumstances to include medical emergencies, or public safety issues such as violent felony in
progress. This exception only extends to the termination of the emergency. [CALEA 1.2.4]
G. Search of Vehicle under Movable Exception Rule — Due to the inherent mobility of a motor
vehicle, the courts have historically held officers to a standard of probable cause for their search.
There are conditions under which the officer does not need a search warrant in order to search a
motor vehicle [CALEA 1.2.4]
1. The passenger compartment incident to and contemporaneous with the arrest of an
occupant or the officer has reason to believe the vehicle contains evidence of the offense
of the arrest.
2. Based on probable cause to believe the vehicle contains evidence of a crime or
contraband. This search is only limited by the scope of where those items could be
concealed.
3. In the event of a detention of the driver or occupant, and the officer has a basis for a frisk
of that person, the frisk may extend into the vehicle to the areas where the subject might
leap or lunge for weapon.
4. An inventory shall be conducted on all vehicles impounded by this department.
Reference should be made to FPD 61.4.3 [CALEA 1.2.4]
H. Search at the Scene of a Crime — If a crime scene includes a constitutionally protected area,
and the suspect might have a reasonable expectation of privacy, it will be searched pursuant to a
search warrant. Exceptions include [CALEA 1.2.4]
1.2.2 Warrantless Detention, Search & Seizure Page 3 of 4
1. Officers may conduct a protective sweep of a crime scene for their protection prior to
securing the scene pending a warrant or consent.
2. Upon exigent entry, the scope of any search is limited to provide aid to those believed to
be in need of assistance or to secure evidence in plain view. Once aid is provided, a
search warrant must be obtained before searching for evidence or contraband.
3. Constitutionally protected areas may be searched with the consent of a person with
standing to give it.
4. When the suspect is arrested in the crime scene, an officer may search the area under
immediate control of the suspect contemporaneous with the arrest.
5. Officers may enter and search a constitutionally protected area under lawful exigent
circumstances to include medical emergencies, or public safety issues such as a violent
felony in progress. This exception only extends to the termination of the emergency.
I. Jail Booking Strip and Body Cavity Searches [CALEA 1.2.8]
1. Strip and body cavity searches during jail booking are sometimes necessary for officer
safety, as well as the safety of the public, including other detainees. Such searches may
be required to detect, secure and seize weapons, contraband or evidence of criminal
activity. Body cavity searches are those that are conducted involving the anus or vagina.
2. Such intrusive searches shall be conducted only with proper authority, justification and
within the policies and procedures of the detention center where the detainee is to be
taken.
3. A strip search shall not be conducted unless there is a reasonable suspicion that such
detainees are concealing weapons or contraband on their person [CALEA 1.2.8 a.].
4. A body cavity search shall not be conducted unless there is probable cause to suspect
such detainees are concealing weapons or contraband and consent to search or a search
warrant have been obtained.
5. For.body-cavity searches officers will notify county jail supervisors, and only a nurse or
physician -may conduct body cavity searches [CALEA 1.2.8 a.].
6. Officers involved in a strip search should ensure that the search is conducted by
personnel of the.same gender as that of the subject being searched and that the search is
done out of the public view and with regard for human dignity [CALEA 1.2.8 b.].
7. Officers of the department that cause: a strip or body cavity search to be conducted or that
are involved in a strip search should include the details of the search in a report to include
gender of the subject and identification and gender of personnel conducting the search
[CALEA 1.2.8 c.].
J. Other Searches authorized by State and Federal Provisions [CALEA 1.2.4]
1. Officers may enter an open field and search it for items subject to seizure when they
have reason to believe that the stated items are to be found at that location.
2. Officers may search public places, such as a public park, when they have reason to
believe that the items subject to seizure are at that location.
3. Officers may search private locations open to the public, such as the lobby of a bank,
when they have reason to believe that items subject to seizure are at that location.
4. Officers may seize items that are immediately apparent as evidence whey the come into
view and the officers has the right to be in the area at the time.
5. Officers may search abandoned property if it can be established that the owner or person
in possession of the property intended to abandon it.
1.2.2 Warrantless Detention, Search & Seizure Page 4 of 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PRO CED URES, AND R ULES
Subject: 43.1.1 Vice, Drugs, and Organized Crime
Effective Date:
Reference: 42.1.1
Version: 1
CALEA: 43.1.1, 43.1.5
No. Pages:
I. Purpose
The purpose of this directive is to establish procedures governing the flow of
intelligence/information relating to vice, drugs, and organized crime. This policy will
provide guidance in these matters to all personnel.
II. Policy
A. Processing complaints of criminal activity (intelligence/information)-The following
procedures will ensure that intelligence/information received is recorded and
investigated to the fullest extent possible:
1. Complaints of criminal activity (intelligence/information) received by departmental
personnel regarding drugs, vice, and organized crime will be recorded utilizing
Intelligence Reports and delivered to the Criminal Investigation Division (CID) and
logged [CALEA 43.1.1 a.]:
a. The complaint will be processed based on type and forwarded to the
supervisor for review and assignment:
(1) Reports relating to vice, organized and all other crime will be provided to
CID. Vice may include prostitution, illegal use/sale of alcoholic
beverages, and gambling.
(2) Reports relating to drugs will be provided to the Drug Task Force (DTF).
(3) Reports relating to illegal alcoholic beverage issues will be provided to the
Community Oriented Policing Division (COP).
b. The following protocol will relate to assignments of complaints:
(1) Supervisors assigned to CID, DTF and COP will review each complaint
and make determinations for assignment. Complaints should be assigned
when the supervisor is able to establish enough information exists to
warrant an investigation.
(2) Assigned personnel should investigate the complaint to the fullest extent
possible utilizing the steps defined in 42.1.1 Criminal Investigations for
preliminary and follow-up investigations [42.1.1].
c. Personnel completing an intelligence report should consider the following and
include in the report when applicable:
(1) Date and time of report;
(2) Source of information - anonymous reporters should be kept confidential;
43.1.! Vice, Drug, and Organized Crime Page 1 of 2
(3) Suspect information;
(4) Location of activity;
(5) Dates, days, and times of activities, and;
(6) Complete narrative of activity with consideration given to known
associates, work, and vehicle information.
d. CID will maintain a record of receipt and distribution of complaints received
from citizens, department personnel and from outside agencies involving vice,
drugs and organized crime [CALEA 43.1.1 b.] [CALEA 43.1.1 c.].
B. Advising chain of command/Chief of Police -The following procedures will ensure that
the respective divisions listed in this policy are reporting to their chain of command to
include the Chief of Police [CALEA 43.1.1 d.]:
1. Supervisors assigned to CID, DTF, and COP will file a weekly report through their
chain of command that will include:
a. Updates on major investigations when applicable;
b. Updates of incidents or personnel matters where there may be a question as to
the agency's liability or those incidents which may result in heightened
community interest [see also FPD 41.1.1];
2. Information/Intelligence determined to be sensitive should be reported to the Chief of
Police immediately [CALEA 43.1.1 d.].
3. Supervisors assigned to these units will file an annual report focusing on the
following:
a. Information/Intelligence assignments by number.
b. Information/Intelligence assignment clearance data.
43.1 .1 Vice, Drug, and Organized Crime Page 2 of 2