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HomeMy WebLinkAbout206-16 RESOLUTIONS7�` 4 AY rTTF. � J 4 r V � m O t.a :OIs li Ma11a �• F ,i'pkAHSm`a. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 206-16 File Number: 2016-0505 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.1 LIMITS OF AUTHORITY; 1.2.2 WARRANTLESS DETENTION, SEARCH AND SEIZURE; 1.3.1 USE OF FORCE; 1.3.4 LESS LETHAL WEAPONS AND DEFENSIVE TACTICS; 1.3.6 OFFICER -INVOLVED SHOOTING; AND 22.3 SECONDARY EMPLOYMENT. 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 1.2.1 Limits of Authority; 1.2.2 Warrantless Detention, Search and Seizure; 1.3.1 Use of Force; 1.3.4 Less Lethal Weapons and Defensive Tactics; 1.3.6 Officer -Involved Shooting; and 22.3 Secondary Employment. PASSED and APPROVED on 11/15/2016 Attest: &. �trtr�Frrr���� Sondra E. Smith, City Cle r``�ut'�- -1 AYETTiEV1LLE, Page 1 Printed on 11116116 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 h (479) 575-8323 Text File File Number: 2016-0505 Agenda Date: 11/15/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 8 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.1 LIMITS OF AUTHORITY; 1.2.2 WARRANTLESS DETENTION, SEARCH AND SEIZURE; 1.3.1 USE OF FORCE; 1.3.4 LESS LETHAL WEAPONS AND DEFENSIVE TACTICS; 1.3.6 OFFICER -INVOLVED SHOOTING; AND 22.3 SECONDARY EMPLOYMENT 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 1.2.1 Limits of Authority; 1.2.2 Warrantless Detention, Search and Seizure; 1.3.1 Use of Force; 1.3.4 Less Lethal Weapons and Defensive Tactics; 1.3.6 Officer -Involved Shooting; and 22.3 Secondary Employment. City of Fayetteville, Arkansas Page 1 Printed on 1111612016 City of Fayetteville Staff Review Form 2016-0505 Legistar File ID 11/15/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Greg Tabor, Chief of Police 10/28/2016 Submitted By Submitted Date Action Recommendation: Police / Police Department Division / Department Council approves resolution adopting Fayetteville Police Policies 1.2.1, Limits of Authority; 1.2.2 Warrantless Detention, Search and Seizure; 1.3.1, Use of Force; 1.3.4, Less -Lethal Weapons and Defensive Tactics; 1.3.6 Officer - Involved Shooting; and 22.3, Secondary Employment. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Original Contract Number: Comments. Fund Project Title S - $ Approval Date: V 1 U7 4U/7 {] CITY OF Ilea # CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF NOVEMBER 15, 2016 TO: Mayor and City Council FROM: Greg Tabor, Chief of Police DATE: October 28, 2016 SUBJECT: Police Department Policy RECOMMENDATION: Council approves resolution adopting Fayetteville Police Policies 1.2.1, Limits of Authority; 1.2.2 Warrantless Detention, Search and Seizure; 1.3.1, Use of Force; 1.3.4, Less -Lethal Weapons and Defensive Tactics; 1.3.6 Officer -Involved Shooting; and 22.3, Secondary Employment. BACKGROUND: The Fayetteville Police Department is currently in the process of reviewing policies and updating as necessary to conform to current practices and to comply with accreditation standards. Policy 1.3.6, Officer- Involved Shooting, is a new policy, and it has already been vetted through the City Attorney's Office. Policy 1.2.1, Limits of Authority, is an existing policy that was approved by the council on March 17, 2015. Policy 1.2.2 Warrantless Detention, Search and Seizure, is an existing policy that was approved by the council on November 8, 2012. Policy 1.3.1, Use of Force, is an existing policy that was approved by the council on March 17, 2015. Policy 1.3.4, Less -Lethal Weapons -and Defensive Tactics, is an existing policy that was approved by the council on October 6, 2015. Policy 22.3, Secondary Employment, is an existing policy that was approved by the council on July 7, 2015. DISCUSSION: Policy1.3.6, Officer Involved Shooting, is a new policy that addresses our current practices. The remaining five policies are existing policies that contain changes for clarity and to comply with written directives, state laws, and current practices of the department. All changes are highlighted. BUDGET/STAFF IMPACT: These policies will not have any impact on budget or staff. Attachments: Fayetteville Police Policy 1.2.1, Limits of Authority Fayetteville Police Policy 1.2.2, Warrantless Detention, Search and Seizure Fayetteville Police Policy 1.3.1, Use of Force Fayetteville Police Policy 1.3.4, Less -Lethal Weapons and Defensive Tactics Fayetteville Police Policy 1.3.6, Officer Involved Shooting Fayetteville Police Policy 22.3, Secondary Employment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND R ULES I. Purpose The purpose of this policy is to outline the limits of law enforcement authority delegated to officers of the Fayetteville Police Department pertaining to the enforcement of laws, statutes and ordinances within their jurisdiction. It also defines circumstances and establishes limits involving officer discretion and provides guidelines for exercising such discretion utilizing alternatives to arrest and/or pre -arraignment confinement. II. Definitions Arrest: Arrest is the taking of a person into custody, the purpose of which is to restrain the accused until he can be held accountable for the offense at court proceedings. 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. Felony: A felony is a serious offense, which carries a penalty of incarceration usually for one year or more. Persons convicted of felony offenses lose certain rights such as the right to vote, hold an elective office of federal government position or maintain certain licenses. Misdemeanor: A misdemeanor is a less serious offense punishable by incarceration for not more than one year in a county jail or fine or similar penalty. Off -Duty: For the purposes of this section, officers are considered to be "off-duty" when not working in furtherance of departmental objectives during regularly scheduled hours or other hours as required by a police supervisor or court order. III. Policy A. JURISDICTION AND STATUTORY AUTHORITY 1.2.1 Limits of Authority Page 1 of 8 Effective Date: Subject: 1.2.1 Limits of Authority November 15, 2016 Reference: 41.2.7, 71.1.1, AR 12-9-102 Version: 6 CALEA: 1.1.3, 1.1.4, 1.2.1, 1.2.2, 1.2.4, 1.2.5. 1.2.6, 1.2.7. 1.3.5, No. Pages: 8 11.3.1, 22.2.7 I. Purpose The purpose of this policy is to outline the limits of law enforcement authority delegated to officers of the Fayetteville Police Department pertaining to the enforcement of laws, statutes and ordinances within their jurisdiction. It also defines circumstances and establishes limits involving officer discretion and provides guidelines for exercising such discretion utilizing alternatives to arrest and/or pre -arraignment confinement. II. Definitions Arrest: Arrest is the taking of a person into custody, the purpose of which is to restrain the accused until he can be held accountable for the offense at court proceedings. 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. Felony: A felony is a serious offense, which carries a penalty of incarceration usually for one year or more. Persons convicted of felony offenses lose certain rights such as the right to vote, hold an elective office of federal government position or maintain certain licenses. Misdemeanor: A misdemeanor is a less serious offense punishable by incarceration for not more than one year in a county jail or fine or similar penalty. Off -Duty: For the purposes of this section, officers are considered to be "off-duty" when not working in furtherance of departmental objectives during regularly scheduled hours or other hours as required by a police supervisor or court order. III. Policy A. JURISDICTION AND STATUTORY AUTHORITY 1.2.1 Limits of Authority Page 1 of 8 1. Officers of the Fayetteville Police Department shall have within the corporate limits of the City of Fayetteville all the powers invested in law enforcement officers as described under Arkansas Code Annotated 14-52-203 [CALEA 1.2.1, 1..2.2], [CALEA 11.3.1 a.]. 2. Officers shall also have the power to serve all civil and criminal process that may be directed to them by any officer of the court and enforce the ordinances and regulations of the city as the city council may direct. 3. In addition to their authority within the corporate limits, officers shall have all the powers invested in law enforcement officers by the Arkansas Constitution, State statutes and the Rules of Criminal Procedure. 4. An officer outside his or her jurisdiction may affect an arrest without a warrant upon having both probable cause and the request or permission of the agency having jurisdiction. Upon doing so, the officer must notify the law enforcement agency having jurisdiction as soon as practicable and relinquish custody of the suspect to that agency as described under Arkansas Code Annotated 16-81-106. 5. An officer pursuing an offender outside the corporate limits or extraterritorial jurisdiction of the city shall be entitled to all privileges, immunities and benefits to which he would be entitled if acting within the city, including coverage under the worker's compensation laws. 6. Each employee of the department is accountable for the use of delegated authority invested by statute [CALEA 11.3.1 b.]. B. ARREST AUTHORITY An officer may affect an arrest if there is probable cause to believe a person has committed an offense as it is defined in the Arkansas Criminal Code. Probable cause is the legal requirement for an arrest [CALEA 1.2.5]. An arrest occurs when the following conditions exist: a. The officer believes that sufficient legal evidence exists that a crime is being committed, and intends to restrain the suspect; b. The officer deprives the individual of his liberty; and c. The suspect believes he or she is in custody of the police and cannot voluntarily leave. An arrest can be initiated with or without a warrant and must be based on probable cause. a. Arrest Pursuant to Warrant — An arrest warrant issued by the court determines an arrest should be made and directs the police to bring the named person before court. (1) An officer having a warrant in possession may arrest the person named on or described in the warrant at any time and at any place within the jurisdiction of the City of Fayetteville. (2) An officer, who has knowledge that a warrant for arrest has been issued and has not been executed, but who does not have the warrant in his possession, may arrest the person named in the warrant according to Arkansas State Law. (3) The officer must inform the person arrested of the existing warrant, and (4) The officer must serve the warrant on the person as soon as possible. 1.2.1 Limits of Authority Page 2 of 8 b. Arrest Without a Warrant— According to Rule 4 of the Arkansas Court Rules of Criminal Proceedings, a law enforcement officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed [CALEA 1.2.5]: (1) a felony; (2) domestic violence; as further detailed in FPD 1.2.4, Domestic Violence (3) a traffic offense involving: a. death or physical injury to a person; or b. damage to property; or c. driving a vehicle while under the influence of intoxicants or narcotics; (4) Any violation of law in the officer's presence. (5) A private person may make an arrest where he has reasonable grounds for believing the person arrested has committed a felony. (6) It is not necessary that an officer or citizen be able to articulate the specific offense at the time of the arrest. (7) A warrant -less arrest by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency, which collectively possesses knowledge sufficient to constitute reasonable cause. (8) In the case of a misdemeanor, probable cause as well as the officer's presence at the time of the offense is required, with the following exceptions: a. The officer believes the suspect may cause physical injury to self or others, or damage to property unless immediately arrested (see ACA 16-81-113) and Domestic Abuse Act as defined by Arkansas State Law. b. The suspect has committed the offense of shoplifting when the officer, merchant or merchant's employee who has observed the person accused of shoplifting shall provide a written statement which shall serve as probable cause to justify the arrest (See ACA 5-36-116). c. The officer has reason to believe the suspect will not be apprehended unless immediately arrested. 3. Upon making an arrest, an officer must: a. Identify himself as a law enforcement officer unless his identity is otherwise apparent; b. Inform the arrested person that he is under arrest; and c. As promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest, unless the cause appears to be evident. 4. An arrest is complete when: a. The person submits to the control of the arresting officer who has indicated his intention to arrest, or b. The arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force. 5. An officer may enter private premises or vehicles to effect an arrest when: 1.2.1 Limits of Authority Page 3 of 8 a. The officer has in his possession a warrant or order for arrest of a person or is authorized to arrest a person without a warrant or order having been issued; b. The officer has reasonable cause to believe the person to be arrested is present, and c. The officer has given, or made reasonable effort to give notice of his authority and purpose to an occupant thereof, unless there is reasonable cause to believe the giving of such notice would present a clear danger. 6. Arrest for Serious Crime — When an officer arrests a person for a serious crime, the officer shall advise the supervisor on duty and a determination will be made if the Criminal Investigation Division shall be notified of the arrest for further interviewing and investigation. 7. Arrest of Military Deserter — Officers with probable cause that a person is a military deserter may arrest that person and arrange as soon as possible to release the person to the proper military authority. 8. Arrest of Injured Person — Upon arresting a person who has been injured, or is injured during the arrest process, the officer shall conduct an assessment of the injury based on visual and/or verbal clues of the person and/or injury. In doing so, the officer shall [GALEA 1.3.5]: a. Transport the person for normal booking procedures if the injury is apparently non -debilitating and not life threatening. b. Request for Emergency Medical Services to respond to the scene if the injury appears to be life threatening or debilitating. c. Not transport the person to a medical facility if the injury is life threatening or debilitating unless exigent circumstances exist. Further reference may be made to FPD 71.1.1, Detainee Transportation. 9. Arrest of Unconscious or Semiconscious Person — Whenever an officer arrests an individual who is unconscious, semiconscious, or otherwise apparently suffering from some disabling condition, and who is unable to provide inforination on the causes of the condition, the officer should make a reasonable effort to determine if the person arrested is wearing a bracelet or necklace containing the Medic Alert Foundation's emergency alert symbol to indicate that the person suffers from diabetes, epilepsy, cardiac condition or any other form of illness which would cause a loss of consciousness. If such a symbol is found indicating that the person being arrested suffers from one of those conditions, the officer must make a reasonable effort to have appropriate medical care provided. 10. Arrest of Foreign Nationals — Whenever a foreign national is arrested or detained in the United States, there are legal requirements contained in the Viemia Convention on Consular Relations to ensure that the foreign national's government can offer him/her appropriate consular assistance. In all cases the foreign national must be told of the right of consular notification and access. According to the Department of State, this requirement applies even if the foreign national is not in the United States legally. A list of contact information for embassies and consulates within the United States is available in the squad room and the Washington County Detention Center. In some cases, mandatory notification must be made to the nearest consulate or embassy without delay, or within the time specified in a bilateral agreement between the United States and the foreign national's country, regardless of whether 1.2.1 Limits of Authority Page 4 of 8 the foreign national request such notification. If the foreign national's country is on the list of mandatory notification countries, notify that country's nearest consular official, without delay, of the arrest/detention. A list of the mandatory notification countries is available in the squad room and the Washington County Detention Center. Privacy concerns or the possibility that a foreign national may have a legitimate fear of persecution or other mistreatment by his/her government may exist in some mandatory notification cases. The notification process should still be honored, but it is possible to take precautions regarding disclosure of information. The State Department should be consulted in these situations. Under no circumstances should any information indicating that a foreign national may have applied for asylum in the United States or elsewhere be disclosed to that person's government. It is the responsibility of the arresting officer, not the detaining facility, to notify the arrested person's nearest consular official. It is also the arresting officer's responsibility to inform the arrestee notification has been made. A form documenting arrest notification that can be sent via FAX is available in the squadroom and the Washington County Detention Center. A copy of this notification process should be attached to the arrest report [CALEA 1.1.4]. 11. Misuse of Arrest Authority — Officers of the Fayetteville Police Department shall not misuse the arrest authority that has been delegated to them. C. USE OF DISCRETION AND ALTERNATIVES TO ARREST The Chief of Police shall determine what measures (policies and procedures) shall be enforced to influence officer discretion at the operative level of patrol. Officers are encouraged to be sensitive to cues as the probability of clearance, witness identification, victim prosecution and other factors when making arrests, issuing citations or other law enforcement activities. In the instances of lesser violations, the officer may weigh the seriousness of the offense and the surrounding circumstances and choose an alternative to arrest. The proper exercise of discretion does not relieve the officer of his responsibility to conduct a thorough investigation [CALEA 1.2.7]. 1. Alternatives to Arrest [CALEA 1.2.6] a. Issuance of a citation or criminal summons (when the district judge determines the offense to be citable) which would allow the arrested person to appear in court on his/her own recognizance. b. Informal resolution; or c. Warnings. 2. At his discretion, an officer may assist, as an alternative to arrest and incarceration, an individual found intoxicated in a public place by taking the following actions [CALEA 1.2.7]: a. The officer may transport the intoxicated individual home; 1.2.1 Limits of Authority Page 5 of 8 b. The officer may transport the intoxicated individual to the residence of another individual willing to accept him/her; c. The officer may transport the intoxicated individual to a public or private shelter facility if the individual is apparently in need of and unable to provide for himself food, clothing or shelter but not in need of medical care; d. The officer may transport the intoxicated individual to a medical facility if it is apparent the individual is in need of but unable to provide for himself immediate medical care. Criminal justice and social services programs are available resources that should be considered and utilized when possible. Officers should carefully weigh the available options in any given situation; supervisory consultation may be necessary. Diversion programs available may include, but are not limited to [CALEA 1.1.3]: a. Juvenile offender diversions via the Juvenile Division of the Fourth Judicial Circuit Court b. Fourth Judicial District Victim's Rights Advocate c. The Fayetteville Women's Shelter d. Northwest Arkansas Rape Crisis Center e. Salvation Army f. Local churches and homeless shelters g. Local mental health facilities (See FPD 41.2.7) D. OFF-DUTY ARREST Officers of the Fayetteville Police Department have liability protection for on -duty and off-duty performance of official duties. This protection does not extend to willful acts to cause injury, to damage or to those actions that the police officer knew, or reasonably should have known, were in conflict with the established policies of this department. 1. When off-duty and within legal jurisdiction of this department, a police officer may make an arrest when: a. There is an immediate need for the prevention of bodily injury or property loss/damage or apprehension of a suspect; b. The arresting officer is in possession of appropriate police identification. 2. Off-duty officers shall not enforce minor traffic offenses or utilize personal vehicles to pursue or attempt the apprehension of persons. a. Off-duty officers may cautiously follow suspects to obtain vehicle and suspect descriptions or destinations, but officers must realize there is no authorization under state law or departmental policy to violate traffic laws while operating a private vehicle. b. If an off-duty arrest is made, the off-duty officer shall abide by all departmental policies and procedures and shall notify an on -duty supervisor of the circumstances of the arrest and complete any documentation required by procedure. c. No prisoner or arrestee, under any circumstances, shall be transported in a privately owned vehicle. 3. Officers that engage in the duties of a law enforcement officer, as defined by Arkansas Statute 12-9-102, shall be considered on -duty and shall be compensated by the City of Fayetteville. 1.2.1 Limits of Authority Page 6 of 8 a. It is the responsibility of the sworn employee to reconcile their work time through the City's timekeeping software. E. POST ARREST PROTOCOL The Chief of Police, state law requirements, and jail procedures will dictate what protocol will be followed post -arrest pertaining to preparing reports, fingerprinting, and photographing. 1. For probable cause arrests made by officers that do not include warrants issued by a judge, officers will complete a preliminary report as part of the booking process as well as an arrest incident report in the police department's reporting system. If the arrest also includes a criminal offense involving a victim, the officer will complete that part of the report as well as the suspect's arrest report [CALEA 1.2.5 a.]. 2. Fayetteville Police Department is responsible for the fingerprinting and photographing of arrested subjects per state law requirements. Per Arkansas 12-12- 1006, immediately following an arrest for an offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person if the offense is a felony or a Class A misdemeanor. When the first appearance of a defendant in court is caused by a citation or summons for an offense, a law enforcement official at the receiving facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person when the offense is a felony or a Class A misdemeanor. While this policy does allow officers to utilize discretion as to whether or not a physical arrest is made or a citation is issued for a Class A misdemeanor, the District Court Judge may provide a list of offenses that will require a physical arrest for certain offenses. 3. Juvenile post arrest requirements are set forth in A.C.A. 9-27-320. For juvenile arrest procedures and protocols, see Juvenile Operations 44.1.1. F. PERSONNEL IDENTIFICATION MEASURES The following will govern identification requirements of all police department personnel [CALEA 22.2.7]: 1. All personnel will be issued an identification card with their photograph that is required to be carried and accessible while the employee is on duty [CALEA 22.2.7 b.]. 2. All employees shall be able to display their identification card upon a reasonable and safe request. Sworn personnel should display this in the accompaniment of their issued badge. Exceptions to this display are when necessary during the performance of police duties at an incident where the officer's status is obvious or in a required undercover capacity where doing so would jeopardize the mission of the operation or the officer's cover [CALEA 22.2.7 a.]. 3. In cases where an officer is unable to show identification during an incident, that officer should make every attempt to show his credentials to the requesting party once the scene is secured [CALEA 22.2.7 a.]. 4. All officers including uniformed officers should have access to their full credentials while on duty for cases where additional credential checks may be required. 1.2.1 Limits of Authority Page 7 of 8 Exceptions to this requirement may occur in undercover assignments [GALEA 22.2.7 a.]. In the course of conducting official department business over the telephone, all employees should identify themselves by title, department, and name. Should the other party question the department employee's credibility, the employee should welcome the other party to verify their identity. The employee should suggest the other party may hang up and call the Fayetteville Police Department for verification through Dispatch. Employees may provide the other party with the telephone number and tell the other party they are welcome to look up the phone number independently [CALEA 22.2.7 c.]. The issuance of identification shall be considered a standard procedure. A record will be maintained documenting the date of issuance, the person issuing, and the person issued. Employees will be expected to maintain their identification in a professional manner. Lost or stolen identification cards shall be reported to the immediate supervisor. Upon separation of employment, the employee shall relinquish his or her identification card to police personnel. 1.2.1 Limits of Authority Page 8 of 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLI CIES,PR O CED UR AND AND R ULES Subject: 1.2.2 Warrantless Detention, Search & Seizure Effective Date: November 15, 2016 Reference: 61.4.3 Version: 4 CALEA: 1.2.3, 1.2.4 No. Pa es: 5 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. H. 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. 1.2.2 Warrantless Detention, Search & Seizure Page I of 6 The person's voluntary answers to such questions may be offered into evidence in any subsequent criminal proceedings. [CALEA 1.2.3a] 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 6 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 [GALEA 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 only if it is reasonable to believe the arrestee might access the vehicle at the time of the search or 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] 1.2.2 Warrantless Detention, Search & Seizure Page 3 of 6 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. 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. L Jail Booking Strip and Body Cavity Searches [CALEA 1.2.8] I. 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 has 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.]. If a question arises regarding the gender of the subject to be searched, the subject's gender will be determined based on the policies, procedures and rules of the detention facility. 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.]. 1.2.2 Warrantless Detention, Search & Seizure Page 4 of 6 J. Other Searches authorized by State and Federal Provisions [GALEA 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 when they come into view and the officers have 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. K. Warrantless Search by Law Enforcement Officer of a Supervised Probationer or Parolee. 1. A person who is placed on supervised probation or is released on parole is required to agree to a waiver as a condition of his or her supervised probation or parole that allows any certified law enforcement officer to conduct a warrantless search of his or her person, place of residence, or motor vehicle at any time, day or night, whenever requested by the certified law enforcement officer. A warrantless search that is based on a waiver shall be conducted in a reasonable manner (16-93-106). 2. Though Arkansas Law does not require an articulable suspicion that the person is committing or has committed a criminal offense, this department requires that an officer have some articulable law enforcement concern, however slight, prior to conducting such searches without the direct assistance of a parole or probation officer, or that the parolee/probationer be a party to an otherwise lawful stop based on reasonable suspicion or probable cause. 3. Examples of a law enforcement concern include but are not limited to: Anonymous tips/reports that would otherwise not be sufficient to conduct a search; parolee/probationer found in known crime areas or otherwise under suspicious circumstances less than reasonable suspicion for a terry stop; parolee/probationer is a party to a lawful traffic stop or other detention whereby a search would otherwise be unlawful. 4. Officers are prohibited from using this statute to harass. 5. Prior to a search of a parolee/probationer based on the sole fact that the person is merely a parolee/probationer, a member of this department shall verify the status of the person believed to be on supervised probation or parole and that a waiver exists prior to conducting a seizure and or search. 6. If a waiver does not exist or cannot be confirmed, the officer will need to follow rules of criminal procedures for any warrantless search. 7. Authority granted under this statute does not preclude other restrictions that may be applicable under law including 3rd party rights, co -occupants, etc. 8. In the event a co -occupant or other lawful third party prevents the search of a residence where a parolee or probationer resides based on applicable law, the officer will advise the third party that the parolee/probationer may be in violation of his/her parole based on their lawful objection, and the officer will report the incident to Parole/ Probation for their consideration of enforcement. 1.2.2 Warrantless Detention, Search & Seizure Page 5 of 6 9. Officers will document all parole/probation searches or attempts to search in an incident or informational report. The report should document the date, time, location, parolee/probationer searched, scope of the search, the law enforcement concern that led to the search or an otherwise lawful stop, and the result of any such search. 10. In addition to typical enforcement that may occur, the discovery of any criminal violation will be immediately reported to the appropriate Parole/Probation Officer for further administrative consideration. 1.2.2 Warrantless Detention, Search & Seizure Page 6 of 6 AYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES SuWect: 1.3.1 Use of Force Effective Date: November 15, 2016 Reference: 1.3.4, 41.3.5, General Orders 13, 14, 23, 29, 32 Version: 6 CALEA: 1.3 No. Pages: 8 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 of property 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 belief 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 a long-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 Officers of the Fayetteville Police Department shall only carry firearms, less -lethal weapons, and ammunition issued to them, or approved, by the Fayetteville Police Department while on duty. While working off duty assignments that have potential for police action, officers shall only carry firearms, less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville Police Department [CALEA 1.3.9]. A. Use of Deadly Force 1. An officer may use deadly force to protect him/her or others if he/she 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 conunitted 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 employees may have exceeded the scope of their authority in their actions or in their use of deadly force and to shield employees who have not exceeded the scope of their authority from possible confrontations with the community, employees 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. This shall include all employees, is not limited to shootings, and will include incidents such as fatal or serious physical injury motor vehicle collisions involving employees [CALEA 1.3.8]. 9. The killing of an animal is justified by the following conditions: a. For self-defense, to prevent injury to an officer or another, or when the animal is so badly injured that humanity requires its relief from further suffering. b. The destruction of vicious animals should be guided by the same rules set forth for self-defense and safety of others. 1.3.1 Use of Force Page 2 of 8 c. A Use of Force Report and memorandum to the officer's direct supervisor shall be completed when an animal is killed for the self-defense of officers or safety of others. d. A seriously wounded or injured animal may be destroyed upon approval from a supervisor, and only a Use of Force Report is required. 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 the Less -Lethal Weapons and Defensive Tactics policy (1.3.4), and in accordance with guidelines established in this policy and the applicable general orders. 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 handgun is an essential job function of a Fayetteville Police Officer. Failure to qualify may result in the imposition of discipline, up to and 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]. An Arkansas Commission on Law Enforcement Standards and Training (CLEST) certified weapons instructor shall conduct training and qualification [CALEA 1.3.11 a]. a. Officers shall qualify with the issued handgun four times each year, at least one of which will meet a CLEST approved 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 amlually on a CLEST approved course. 1.3.1 Use of Force Page 3 of 8 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) An officer who fails to qualify with his/her issued handgun, shotgun, or rifle after two consecutive attempts shall be referred for immediate refresher 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 the determination is made 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 refresher training and a CLEST approved 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. b. Officers exercising the option to carry a weapon while off-duty are authorized to carry their issued primary and/or secondary handgun(s). 1.3.1 Use of Force Page 4 of 8 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 [GALEA 1.3.9 c,d,e]. (1) The Firearms Division will maintain weapons inspections reports. (2) Firearms determined to be unsafe or irreparable by certified weapons instructors or armorers shall immediately be removed from service with a report indicating such status [CALEA 1.3.9 d.]. (3) For weapons in need of repair, a certified armorer will make the decision to repair the weapon or to send the weapon to the factory's certified repair center [CALEA 1.3.9 d.]. (4) The Firearms Division will maintain a record on all weapons in service to include inspection date(s) and maintenance [CALEA 1.3.9 e.]. 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) Officers shall be responsible for reporting damaged or unsafe firearms to the on - duty supervisor who will ensure unsafe firearnis are removed from service and the certified armorer is notified. Officers shall complete a memorandum documenting the damaged or unsafe firearm to his immediate supervisor to be forwarded through the chain of command, as well as to the certified armorer [CALEA 1.3.9 d.]. (4) 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. (5) 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]. 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 1.3.1 Use of Force Page 5 of 8 qualifications) or in the event of an accidental discharge, the officer shall comply with the following: a. The officer who fired the weapon shall notify the shift supervisor as soon as practicable after the firing has taken place. b. The supervisor shall make a preliminary investigation each time an officer under his command fires a weapon. c. The supervisor shall cause a report to be filed immediately with the Chief of Police regarding the firing of any weapon by police personnel [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 through the chain of command 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. 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]: a. Each officer will be assigned and issued a primary handgun 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.]: (1) Officers must meet the qualification standards for their issued handgun as previously stated in this policy [CALEA 1.3.11 b.]. b. Officers are authorized to carry an issued Glock model 27 .40 caliber semi-automatic pistol as a secondary weapon [CALEA 1.3.9 a.]. (1) Officers issued this weapon will qualify annually on an approved qualification course [CALEA 1.3.11 b.]. c. The rifle will be an 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 1.3.1 Use of Force Page 6 of 8 iron sights only, or the A3 flat top equipped with a reflex sight approved by the Chief of Police and co -witness flip up iron sights [GALEA 1.3.9 a.]: (1) The AR15 rifle will be authorized for Emergency Response Team (ERT) members and for other selected sworn members of the department. (2) AR15 operators must successfully complete a patrol rifle certification course approved by CLEST [CALEA 1.3.11 b.]. (3) AR15 operators must pass a CLEST approved patrol rifle qualification course using both types of sights annually [CALEA 1. 3.11 b.]. d. 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.]: (1) Shotguns will be authorized for ERT members and for sworn officers. (2) Shotgun operators will have completed a shotgun certification course approved by CLEST. (3) Shotgun operators must pass a CLEST approved shotgun qualification course annually [CALEA 1311 b.]. e. Precision rifles will be either the Remington model 700 LTR bolt action .308 caliber or the Larue PredatOBR semi-automatic, gas operated, magazine fed .308 caliber rifle [CALEA 1.3.9 a.]: (1) Precision rifles will be authorized for selected ERT members. (2) Precision rifle operators must successfully complete a Sniper certification course approved by CLEST. (3) Precision rifle operators must pass a CLEST approved precision rifle qualification course annually [CALEA 1.3.11 b.]. f. Officers assigned to the 4th Judicial District Drug Task Force (DTF) will be authorized to carry the Glock model 27.40 caliber semi-automatic pistol [CALEA 1.3.9 a.]. (1) DTF officers issued this weapon will qualify annually on an approved qualification course [CALEA 1.3.11 b.]. g. 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 £]. D. 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]. 1. 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: 2. 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 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 or less lethal 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. 3. Officers should photograph and document any injury, or reported injury, on the Use of Force Report. 4. Use of Force Reports will be reviewed and submitted by the shift supervisor to the department's administration [CALEA 1.3.7]: a. A supervisor will conduct a documented review of camera captured data in all uses of force incidents that involve the use of less lethal weapons and/or weaponless uses of force which result in a subject receiving medical treatment. b. 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]. c. The designated head of OPS will conduct an annual analysis of all Use of Force Reports, activities, policies, and practices 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 , PR O CED URES, AND R ULES Subject: 1.3.4 Less -Lethal Weapons and Defensive Tactics Effective Date: November 15, 2016 Reference: 1.3.1, General Orders 13, 14, 23, 29, 32 Version: 7 CALEA: 1.3.4, 1.3.5, 1.3.6, 1.3.9, 1.3.11, 1.3.12 No. Pages: 4 I. PURPOSE The purpose of this directive is to establish specific guidelines for the use of authorized less - lethal weapons and defensive tactics [CALEA 1.3.4]. II. DISCUSSION 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. III. POLICY It shall be the policy of the Fayetteville Police Department that officers use defensive tactics and less -lethal weapons when warranted, but only in a manner consistent with this agency's use of force policy and in accordance with guidelines established in this policy and in the applicable general orders. A. Defensive Tactics The Use of Force Continuum is included as a guide in the appropriate use of force. It is recognized that it cannot be rigidly applied in rapidly unfolding and fluid situations. Officers should generally use the level of force that can reasonably be expected to succeed in controlling the situation. Officers are not required to move in a hierarchical fashion through all the levels of control, but instead, should use that level of force that is appropriate and reasonable under existing circumstances [CALEA 1.3.1]. The force continuum contains areas of control, which will be used by an officer, and the levels of resistance, which are used by the offender. 1. Levels of Control: The department will instruct various defensive tactics techniques, which include pressure point and ground fighting techniques to officers. Officers shall only use authorized techniques they have been trained to use: a. Officer Presence: The professional appearance and uniform of a police officer. 1.3.4 Less -Lethal Weapons and Defensive Tactics Page 1 of 5 b. Verbal Direction: The appropriate verbal response and commands used to attempt to direct the action of a suspect. c. Empty Hand: Soft empty hand techniques are designed to control passive or defensive resistance. They are used when verbal direction/commands are not effective and there is non-compliance with lawful orders. Soft empty hand control techniques include strength techniques, joint locks, pressure points or distraction techniques, which are hand and leg strikes to specific motor nerve points. d. Hard Empty Hand Control techniques are designed to control active aggression, but can be used to control defensive resistance when lower forms of control have failed or when the officer believes lower forms of control will fail. e. Intermediate Weapons: An intermediate weapon is any tool used when empty hand control has been, or will likely be, ineffective or dangerous for the officers to attempt, and deadly force is not justified. Usage criteria for intermediate weapons is as follows: (1) The use of any intermediate weapon is considered a use of force and shall be deployed in a manner consistent with this agency's use of force policy and in accordance with guidelines established in this policy and in the applicable general orders. (2) An intermediate weapon may be used when: (a) verbal dialogue has failed to bring about the subject's compliance, and (b) the subject has signaled an intention to actively resist the officer's efforts to make the arrest, and (c) the use of empty hand techniques has been, or will likely be, ineffective or not reasonable under the circumstances. (d) confronted with an aggressive animal. (3) Whenever practical and reasonable, officers should issue a verbal warning prior to the use of an intermediate weapon. (4) An officer may use deadly force to protect himself or others from the use, or threatened use, of an intermediate weapon when the officer reasonably believes that deadly force will be used against him if he becomes incapacitated. (5) An intermediate weapon is not designed, nor expected, to be used in place of deadly force when deadly force is justified. The intermediate weapon is another tool in the use of force continuum to assist in preventing injury to officers or others. (6) Once a suspect is compliant, the use of an intermediate weapon is no longer justified. (7) If an intermediate weapon has been deployed, officers shall seek appropriate medical aid and/or assistance if necessary. Reference may be made to general orders specific to the less -lethal weapon [CALEA 1.3.5]. f. Deadly/lethal force: Force likely to cause death or serious physical injury. Officers are authorized to use deadly force only when it is reasonable and 1.3.4 Less -Lethal Weapons and Defensive Tactics Page 2 of 5 necessary to protect him/her or others if he/she has reasonable belief of immediate threat of death or serious physical injury. Levels of Resistance: a. Psychological Intimidation: The suspect attempts to intimidate the officers psychologically. These are non-verbal cues such as suspect attitude or physical appearance or physical readiness. b. Passive Resistance: The suspect makes no attempt to fight the officer or even pull away. He simply forces the officer to do all the work. An example would be the protestor who causes the officer to pick him up and carry hien from the scene or the drunk driver who will not step from the car but must be physically pulled out. c. Verbal Non -Compliance: This includes verbal threats from the suspect towards the officers. A suspect may not be resisting just by threatening the officer but may simply refuse to comply with orders, be unwilling to comply or ignore the officer completely. d. Defensive Resistance: The suspect performs actions that attempt to prevent officers from controlling him, such as pulling away when handcuffing is attempted. He may simply move away from the officer or push the officer's hands away. The suspect makes no attempt to harm the officer, just tries to defeat the arrest. e. Active Aggression: The suspect attempts to harm the officer by physical actions such as striking or kicking him. f. Aggravated Aggression: The suspect is attempting to harm the officer by use of a weapon or empty handed at a deadly force level. De-escalation of Force: a. Officers must immediately de-escalate down to empty hands or verbal commands after gaining compliance through the use of an intermediate weapon. b. Officers, for their own protection, should understand and comply with the force continuum. 4. Training: a. Officers are only authorized to use intermediate weapons, pressure points and defensive tactics after they have received training and certification. b. Officers are required to attend refresher training on handgun retention and defensive tactics as scheduled by the Training Division. B. Less -lethal Weapons 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 is the policy of this department that officers use less -lethal weapons when warranted, but only in a manner consistent with this agency's use of force policy and in accordance with guidelines established in this policy and in the applicable general orders. 1.3.4 Less -Lethal Weapons and Defensive Tactics Page 3 of 5 Less -lethal weapons are not designed to be used in place of deadly force when deadly force is justified. Less -lethal weapons are other tools in the use -of -force continuum to assist in preventing injury to officers and others. Officers of the Fayetteville Police Department shall only carry less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville Police Department while on duty. While working off duty assignments that have the potential for police action, officers shall only carry less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville Police Department [CALEA 1.3.9]. The types and specifications of approved less -lethal weapons and any corresponding ammunition will be governed by the department's Approved Weapons and Ammunition List as maintained by the Administrative Lieutenant [CALEA 1.3.9 a., b.]. All less -lethal weapons shall be reviewed and inspected on an annual basis by a qualified weapons instructor or annorer. All less -lethal weapons must be deemed safe and operational by the qualified weapons instructor or armorer before being issued and/or carried [CALEA 1.3.9 c.]. Less -lethal weapons determined to be unsafe by qualified weapons instructors or armorers shall immediately be removed from service [CALEA 1.3.9 d.]. The police department will maintain a record on all less -lethal weapons in service to include inspection date(s) and maintenance [CALEA 1.3.9 e.]. The department's Duty Assignment List will document personnel responsible for maintenance and inspection of less -lethal weapons. Officers shall be responsible for reporting damaged or unsafe less -lethal weapons to the on -duty supervisor who will ensure unsafe less -lethal weapons are removed from service. Officers shall complete a memorandum documenting the damaged or unsafe less -lethal weapon to his or her immediate supervisor. The supervisor shall forward the memorandum through the chain of command and also send a copy of the memorandum to the qualified weapons instructor or an armorer listed on the department's Duty Assignment List. Before the repaired less -lethal weapon is put back into service, it will be inspected by a qualified weapons instructor or armorer and deemed safe and operational [CALEA 1.3.9 d.]. All agency personnel authorized to carry less -lethal weapons will be issued copies of and be instructed in the policies FPD 1.3.1, 1.3.4, and applicable Less -lethal General Orders before being authorized to carry the weapon. The issuance and instruction shall be documented [CALEA 1.3.12]. Officers shall receive in-service refresher training, to include a review of FPD 1.3.1 and 1.3.4, on an annual basis [CALEA 1.3.11]. A certified weapons or tactics instructor will conduct refresher training. Proficiency training must be monitored by a certified weapons or tactics instructor [CALEA 1.3.11]. All agency personnel authorized to carry electronic controlled weapons shall annually demonstrate proficiency. In service training for other less -lethal weapons and weaponless control techniques shall occur at least biennially [CALEA 1.3.11]. The training division will maintain documentation of refresher training and proficiency training on all weapons [CALEA 1.3.11 b.]. Remedial training, if necessary, will be given to any officer who is 1.3.4 Less -Lethal Weapons and Defensive Tactics Page 4 of 5 unable to demonstrate knowledge and proficiency of less -lethal weapons prior to resuming official duties [CALEA 1.3.11]. 1,3.4 Less -Lethal Weapons and Defensive Tactics Page 5 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 1.3.6 Officer -involved Shooting Effective Date: November 15, 2016 Reference: FPD 1.3.1, G.O. 21 Version: 1 GALEA: 1.3.5, 1.3.6, 1.3.8 No. Pages 8 I. PURPOSE The intent of this policy is to establish procedures for the response and investigation of officer -involved shootings, on duty or off duty, and to ensure that such incidents be investigated in a thorough, fair and impartial manner. II. DISCUSSION It is important employees know what to expect before a shooting occurs. This policy will outline the steps to be taken when: • An officer fires his/her weapon at any person; or • An officer fires his/her weapon and strikes any person. An officer firing his/her weapon in training, practice, or for the humane termination of a critically wounded animal is not applicable to this policy. III. DEFINITIONS Deadly Force: Deadly force is 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. Reasonable Belief: Reasonable belief is fact or circumstances an officer 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. Officer -Involved Shooting: For the purpose of this policy, an officer -involved shooting is defined as any shooting where an officer fires his/her weapon at any person, or an officer fires his/her weapon and strikes any person. This includes officer -involved shootings on -duty, off-duty, and the unintentional discharge of a firearm resulting in injury to another person. Internal/Office of Professional Standards (OPS) Investigation: An investigation conducted to evaluate adherence to department policies, procedures, and rules. 1.3.6 Officer -involved Shooting Page I of 8 Shooting team: Investigators assigned by the Chief of Police or his designee to conduct an internal investigation into the events of an officer -involved shooting. Criminal Investigation: A criminal investigation is an investigation conducted by Fayetteville Police Department investigators and/or investigators from an outside agency. The purpose of the criminal investigation is to determine if any laws were violated by employees and/or other involved subjects. Critical Stress Debriefing: Critical stress debriefing is a benefit provided to Fayetteville Police Department employees who are directly involved in critical incidents that may lead to stress beyond the scope of daily calls for service. Employee Assistance Program: The City of Fayetteville Employee Assistance Program is a benefit provided to City of Fayetteville employees that allows employees and/or their family members to receive counseling sessions. IV. POLICY A. The Fayetteville Police Department recognizes officer -involved shootings involve serious decisions and actions, and shooting incidents deserve immediate and objective review. Incidents shall be critically examined in order to protect both the interests of the public and involved employees. The Fayetteville Police Department is responsible for the completion of criminal and internal investigations related to officer -involved shootings within their jurisdiction; however, this responsibility will be relinquished in criminal investigations to another agency in most situations involving injury or death. V. PROCEDURE A. Crime Scene For the purpose of this policy, the below listed steps shall be taken after the crime scene has been secured and there is no longer an immediate threat to officer safety. The Fayetteville Police Department recognizes that an officer who has been involved in a shooting may have memory loss and other physiological reactions caused by the shooting incident. For that reason, the following listed procedures shall be followed: 1. Digital Mobile Video Recorders (DMVR) and/or body worn cameras shall not be turned off by any officer until he/she has been instructed to do so by a supervisor, or until the officer leaves the scene(s) of the incident. Supervisors should make exceptions for officers having private conversations with their legal representatives and/or family members. 2. Immediately after the scene has been determined to be safe, officers shall provide first aid to the extent possible to any person who has been injured [GALEA 1.3.5]. 1.3.6 Officer -involved Shooting Page 2 of 8 3. Officers shall advise Central Dispatch Center (CDC) to request an ambulance to treat anyone who is in need of medical care. 4. The officer(s) shall request an on -duty supervisor respond to officer -involved shooting scenes. 5. The officer(s) on the scene of a shooting shall secure the crime scene to the extent possible so as not to destroy any evidence that may be of importance to the investigation. 6. An on -duty supervisor shall immediately respond to the scene of the shooting and ensure: a. All medical needs have been addressed; b. The crime scene has been adequately secured; c. The Chief of Police shall be notified through the chain of command immediately; d. Additional personnel or resources have been requested through CDC, and; e. CDC has contacted the Public Information Officer to respond to the scene to manage media inquiries. 7. The first responding on -duty supervisor shall maintain control of the shooting scene until he/she is relieved of that duty by appropriate personnel. The supervisor in charge of the scene shall cause a shooting scene log to be kept documenting any and all individuals entering the scene. 8. The on -duty supervisor shall specifically ask each officer at the scene of a shooting if they have been injured. Any injuries shall be documented and photographed, and the supervisor shall ensure injured officers receive medical treatment. The on -duty supervisor shall ensure appropriate worker's compensation paperwork is completed. 9. The officer(s) involved in the shooting who fires his/her weapon shall give a brief account to the first responding supervisor of the sequence of events. This shall include the nature of the initial call or encounter, the number of subjects and/or witnesses who were involved, and any information the officer feels is critical for the initial report, investigation, or public safety. 10. The officer's supervisor at the time of the incident will be responsible for ensuring that personnel involved in the shooting file reports in a timely manner [CALEA 1.3.6a]. 11. All officers involved in the incident, regardless if they fired their weapon, shall return to the police department as soon as released by a supervisor. When necessary, officers will be driven from the scene to the police department. B. Upon Return to the Police Department 1.3.6 Officer -involved Shooting Page 3 of 8 I . Officers who were involved in the shooting shall be given time to contact family members, legal representatives, pastors, peers, and/or other support personnel the officer deems necessary. 2. The involved officer(s) who fired his/her weapon shall not be isolated. A neutral peer or supervisor shall be assigned to accompany and support the officer until the officer has been released to leave the department. The support officer shall not question the involved officer about the shooting. 3. In a private setting at the police department, a supervisor shall retrieve the involved officer's fired weapon for investigation and immediately exchange it with a replacement handgun. If a long gun was fired, it shall be at the discretion of the Chief of Police, or his designee, if the long gun is to be replaced, dependent on the availability of weapons. 4. The immediate supervisor shall collect discharged firearms and maintain strict custody of the firearms until released to the criminal investigation team or submitted to the Property and Evidence Division. Appropriate paperwork will be completed to document the exchange. 5. All officers who were present at the scene of a shooting shall have their weapons inspected, photographed and documented to verify shots were or were not fired. This shall be done in a private setting at the police department by a supervisor or the criminal investigators. 6. As soon as possible following a shooting, the shooting team shall inform the involved officer(s) of the administrative and investigative process that will follow. The officer shall be given a point of contact at the police department so that any questions or concerns the officer has can be addressed. 7. When the involved officer is released by the shooting team to go home, he/she will be provided transportation as needed. 8. The officer(s) shall be kept informed of the status of the internal and criminal investigations as is practicable. C. Internal Investigation 1. The Chief of Police or his designee will select members for a shooting team immediately following an officer -involved shooting. The shooting team shall answer directly to the Chief of Police. 2. The shooting team's internal investigation shall focus on Fayetteville Police Department policies, procedures and rules. This investigation will be separate from the independent criminal investigation. 3. All internal shooting team investigations shall be conducted in a thorough and efficient manner. Shooting team investigations shall take priority over other assignments and shall be completed as timely as possible. 1.3.6 Officer -involved Shooting Page 4 of 8 4. All employees shall cooperate with the shooting team, and no employee shall interfere in any way with the investigation. The officer involved in the shooting will be given a chance to recover from the traumatic event before he / she will be required to give a formal interview with the shooting team. a. The involved officer(s) shall be afforded the opportunity to have legal representation present during internal interviews conducted by the shooting team. b. Prior to an internal investigation interview, the officer/s shall be afforded the review of his/her Garrity Wanting. c. All interviews shall be audio recorded. d. The involved officer(s) will be compensated for time spent participating in the internal and criminal investigation. e. If an officer refuses to answer questions during an internal investigation, he/she will be given a direct order to answer the questions. If the officer refuses, he/she will face discipline up to and including termination. 6. An employee's compelled statements made during an internal investigation shall not be used against that employee in any criminal investigation. 7. Once the internal investigation is complete, it shall be submitted to and reviewed by the head of the Office of Professional Standards (OPS). The investigation findings shall then be delivered to the Chief of Police. The Chief of Police shall determine what actions are to be taken. D. Criminal Investigation When an officer fires his/her weapon, the Chief of Police may request an independent criminal investigation by an outside police agency to determine if any law was broken by the officer(s) and/or the other involved subject(s). If an officer fires his/her weapon and causes injury or death of another person, the Chief of Police shall request an independent criminal investigation by an outside police agency to determine if any law was broken by the officer(s) and/or the other involved subject(s). It shall be the Chief of Police or his designee's discretion as to which, if any, outside agency shall be utilized. 2. The Chief of Police or his designee shall notify the Washington County Prosecuting Attorney about the shooting as soon as possible to allow the prosecutor the opportunity to visit and examine the crime scene. The criminal investigators shall have priority to the crime scene, and they will allow the shooting team access once critical evidence has been identified and preserved. 1.3.6 Officer -involved Shooting Page 5 of 8 4. During criminal investigation interviews of police department personnel, all constitutional guarantees shall be afforded to personnel as would be afforded to any citizen. 5. When circumstances dictate the criminal investigation is to be conducted by the Fayetteville Police Department Criminal Investigation Division, the supervisor in charge of the investigation shall keep the Chief of Police or his designee informed of the progress of the investigation. a. When the investigation has concluded, the Chief of Police shall review the findings. b. After a review of the findings, the Chief of Police shall direct the supervisor in charge of the investigation to forward the case file to the Washington County Prosecuting Attorney's Office for review. c. The criminal investigation shall not be considered complete and/or closed until the investigation and findings have been reviewed by the prosecutor. d. It is recognized the prosecutor may request additional interviews or investigation, and therefore the criminal investigation shall not be released to anyone other than the prosecutor and/or Fayetteville City Attorney, until the investigation has been reviewed and is officially completed and closed. E. Administrative Leave It shall be the policy of the Fayetteville Police Department that any officer who fires his/her weapon at any person, or who fires his/her weapon and strikes any person, shall be removed from line -duty assignment [GALEA 1.3.8] and placed on paid administrative leave. The Chief of Police is the ultimate authority and may deem it necessary to place other employees on paid administrative leave. 2. Paid administrative leave is a matter of policy, and should not be interpreted to imply or indicate the officer(s) has acted properly or improperly. Administrative leave is not a disciplinary action. 3. At all times while on administrative leave, the officer(s) shall remain available to investigators. 4. The Chief of Police is the ultimate authority who shall decide when an officer is to return to work and in what capacity. 5. An officer who has been on leave pursuant to this policy shall qualify with his/her duty weapon(s) prior to returning to his/her regular duty assignment. F. Return of Weapons 1. The examination and testing of firearms may take several weeks and/or months to complete. When an officer's weapon is returned to the police department, and it is no longer needed by the Washington County or 1.3.6 Officer -involved Shooting Page 6 of 8 Fayetteville City Prosecutor, the firearm shall be inspected by a certified armorer to determine if the weapon is safe to reissue. G. Employee Assistance 1. When an officer is involved in a shooting, it shall be the policy of the Fayetteville Police Department to provide services to the officer, including but not limited to, critical stress debriefing involving a professionally recognized counselor, chaplain, medical doctor, and/or peer group. The Chief of Police shall be responsible for selecting who is to be used for the critical stress debriefing. Critical stress debriefing should normally be held within the first seventy-two hours following the incident. 2. It shall be mandatory for officers who discharge their weapon at any person, or who has been shot, to attend the Employee Assistance Program and follow the treatment plan given. 3. The Chief of Police may choose to refer employees to an alternate mental healthcare professional who specializes in counseling for law enforcement personnel in place of the Employee Assistance Program. 4. An employee who was present during a shooting, but did not fire his/her weapon, or at whom a weapon was fired, shall be offered the option of the Employee Assistance Program. 5. An officer(s) involved in a shooting shall be given adequate time from work deemed necessary by the employee and the Chief of Police. 6. The Chief of Police has the discretion to require an employee to participate in an independent fitness for duty evaluation. If the Chief of Police determines there is a question about an employee's fitness for duty, the evaluation will not be conducted by any healthcare professional that provided post -shooting intervention and/or counseling. H. Employee Injury 1. All police department employees shall complete a Line of Duty Death/Serious Injury Personal Information Sheet (LODD form) annually. 2. The Administrative Captain will distribute LODD forms for completion and revision annually. 3. Completed LODD forms shall be maintained in each employee's administrative file at the police department. 4. In most cases, notification shall be made by a member of the department's administration with assistance of the department's chaplain anytime there is an on -duty employee death, serious injury or serious illness. Depending on the situation, a member of the department's administration may assign or 1.3.6 Officer -involved Shooting Page 7 of 8 allow another sworn member of the department to make the notification or accompany during the notification (FPD GO 21). Every effort will be made to honor the employee's wishes, based on his/her completed LODD form. 5. Fayetteville Police Department employees are absolutely forbidden to release information concerning an employee's line of duty injury or death, unless given express permission to do so by the Chief of Police. I. Social Media 1. Social media postings by police department employees of any kind concerning Fayetteville police officer involved shootings are absolutely forbidden, unless given express permission to do so by the Chief of Police. 1.3.6 Officer -involved Shooting Page 8 of 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PRO CED URES, AND R ULE►S Subject: 22.3 Secondary Employment Effective Date: November 15, 2016 Reference: Arkansas Statute 12-9-102 Version: 4 GALEA: 22.3.4, 22.3.5 No. Pages: 3 I. Purpose To establish guidelines for secondary employment by members of the Fayetteville Police Department. II. Policy It is the policy of the Fayetteville Police Department to allow agency personnel to engage in approved secondary employment opportunities within the guidelines of this policy [CALEA 22.3.4]. III. Definitions A. Extra -Duty Employment — secondary employment wherein the actual or potential use of law enforcement powers is anticipated. B. Off -Duty Employment — secondary employment wherein the actual or potential use of law enforcement powers is not anticipated. IV. Departmental Limitations A. Employees may not engage in employment that is a threat to the status and dignity of law enforcement as a professional occupation. Employment representing such a threat includes, but is not limited to: [CALEA 22.3.4] 1. Employment at establishments that promote obscenity or pornography as defined by the Arkansas Criminal Code. 2. Any employment where the dispensing or consumption of alcoholic beverages is the primary function of the business. This prohibition does not include approval obtained by the Chief of Police for working special events where alcoholic beverage permits have been granted. 3. Any employment where gambling occurs as the main source of activity. (This does not include civic fund raising events where the proceeds are used to support legitimate charities or other nonprofit agencies). 4. Any employment where the employer is involved in a labor or civil rights 22.3 Secondary Employment Page 1 of 3 dispute. 5. Any employment with individuals or companies of questionable business interest where there could be a decrease in trust and confidence from the public. 6. Any employment whereby the nature of such employment would interfere with the performance of official duties, jeopardize in any manner the impartial position of the Department or create a liability concern that might involve the employee violating any procedure, ordinance or law. 7. Any employment that might present potential conflicts of interest for employees between the Departmental duties and their duties for a secondary employer. 8. Any employment that creates a decrease in trust and confidence from the public. B. To be eligible for secondary employment, employees must be in good standing with the department. The employee's history of past disciplinary actions shall be taken into consideration by the Chief of Police when determining eligibility. C. Employees must have completed the Field Training Program before being eligible to work extra -duty employment. D. Employees absent from duty, due to sickness, may not engage in secondary employment during the hours in which they were regularly scheduled to work. E. Employees on light duty status, extended sick leave (more than three consecutive days), worker's compensation, FMLA, administrative leave or suspension are not authorized to work any extra -duty employment without the written consent of the Chief of Police. F. Employees will not engage in any secondary employment that might affect the objectivity and independence of their judgment or conduct in performing their official duties and responsibilities. G. Work hours for all secondary employment must be scheduled in a way that does not conflict nor interfere with the employee's official performance of duty. Special consideration will not be given to scheduling of the employee's duty hours to accommodate secondary employment. H. All employees of the Department engaged in secondary employment are subject to call out in case of emergency and will be expected to leave any other employment in such situations. I. Employees will not report to duty physically or mentally exhausted to the point where their performance is affected because of any secondary employment. J. Extra -duty employment is limited to within the corporate limits of the City of Fayetteville. Off-duty employment may be authorized outside the city limits. V. Guidelines A. Employees must complete a Request For Approval Of Secondary Employment Outside Department form prior to seeking secondary employment. This form must be routed through the employee's chain of command [CALEA 22.3.5 a.]. B. Additionally, all non -sworn employees are required to submit an Outside Employment Request form through their chain of command to the Chief of Police 22.3 Secondary Employment Page 2 of 3 and the City Attorney, in compliance with City of Fayetteville Policy and Procedure HR -15. C. The Chief of Police, or his designee, will have final approval or disapproval authority for requests of secondary employment, and no employee shall work such employment until authorization has been obtained [CALEA 22.3.5 c.]. D. The Request For Approval Of Secondary Employment Outside Department form shall contain the significant aspects of the secondary employment job the employee is seeking [CALEA 22.3.5 e.] E. A copy of all approved secondary employment forms shall be routed to the Administrative Captain for filing and review for adherence of this policy [CALEA 22.3.5 d.] F. Once on-going secondary employment has been approved, the employee must resubmit a "new" request for approval form at the beginning of each year. G. Once granted, approval for secondary employment can be revoked or annual renewal denied when, in the judgment of the employee's chain of command, the secondary employment becomes incompatible with departmental employment or adversely affects the employee's job performance or efficiency [CALEA 22.3.5 C.]. V1. Accountability A. All employees engaged in extra -duty employment, uniformed or plain clothes, shall abide by the Policies, Procedures and Rules of the Fayetteville Police Department [CALEA 22.3.5 b.]. B. Officers wearing his/her uniform off-duty are a representative of the Department. As such, the member shall avoid non -police related job duties that would tend to detract from the professional image of the Fayetteville Police Department. Officers must conduct themselves at all times in a mariner consistent with public respect for the uniform of the Department [CALEA 22.3.5 b.]. C. Arrests made while engaging in secondary employment, will be turned over to the on -duty patrol shift for transport. The extra -duty or off-duty officer shall complete all necessary and required reports detailing the facts of the case. D. All sworn personnel working secondary employment are required to take enforcement action, within the jurisdiction of the Department, in an emergency. Under no circumstances shall an officer refuse a request due to being "off-duty" [CALEA 22.3.5 b.]. E. All sworn personnel who are working an approved secondary employment job and engage in the duties of a law enforcement officer, as defined by Arkansas Statute 12-9-102, shall be considered "on -duty" and shall be compensated by the City of Fayetteville. F. The secondary employer will not be allowed to compensate sworn personnel for any time the employee was paid by the City of Fayetteville. It is the responsibility of the sworn employee to reconcile their work time through the City's timekeeping software and their secondary employer. 22.3 Secondary Employment Page 3 of 3 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PR O CED URES, AND R ULES Effective Date: Su! 'ect: 1.2.1 Limits of Authority March 17, 2015 Reference: 41.2.7, 71.1.1 Version: 5 CALEA: 1.1.3, 1.1.4, 1.2.1, 1.2.2, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 1.3.5, No. Pages: 8 11.3.1, 22.2.7 I. Purpose The purpose of this policy is to outline the limits of law enforcement authority delegated to officers of the Fayetteville Police Department pertaining to the enforcement of laws, statutes and ordinances within their jurisdiction. It also defines circumstances and establishes limits involving officer discretion and provides guidelines for exercising such discretion utilizing alternatives to arrest and/or pre -arraignment confinement. II. Definitions Arrest: Arrest is the taking of a person into custody, the purpose of which is to restrain the accused until he can be held accountable for the offense at court proceedings. 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. Felony: A felony is a serious offense, which carries a penalty of incarceration usually for one year or more. Persons convicted of felony offenses lose certain rights such as the right to vote, hold an elective office of federal government position or maintain certain licenses. Misdemeanor: A misdemeanor is a less serious offense punishable by incarceration for not more than one year in a county jail or fine or similar penalty. Off -Duty: For the purposes of this section, officers are considered to be "off-duty" when not working in furtherance of departmental objectives during regularly scheduled hours or other hours as required by a police supervisor or court order. III. Policy A. JURISDICTION AND STATUTORY AUTHORITY 1. 2.1 Limits of Authority Page I of 8 1. Officers of the Fayetteville Police Department shall have within the corporate limits of the City of Fayetteville all the powers invested in law enforcement officers as described under Arkansas Code Annotated 14-52-203 [GALEA 1.2.1, 1.2.2], [CALEA 11.3.1 a.]. 2. Officers shall also have the power to serve all civil and criminal process that may be directed to them by any officer of the court and enforce the ordinances and regulations of the city as the city council may direct. 3. In addition to their authority within the corporate limits, officers shall have all the powers invested in law enforcement officers by the Arkansas Constitution, State statutes and the Rules of Criminal Procedure. 4. An officer outside his or her jurisdiction may affect an arrest without a warrant upon having both probable cause and the request or permission of the agency having jurisdiction. Upon doing so, the officer must notify the law enforcement agency having jurisdiction as soon as practicable and relinquish custody of the suspect to that agency as described under Arkansas Code Annotated 16-81-106. 5. An officer pursuing an offender outside the corporate limits or extraterritorial jurisdiction of the city shall be entitled to all privileges, immunities and benefits to which he would be entitled if acting within the city, including coverage under the worker's compensation laws. 5. Each employee of the department is accountable for the use of delegated authority invested by statute [CALEA 11.3.1 b.]. B. ARREST AUTHORITY An officer may affect an arrest if there is probable cause to believe a person has committed an offense as it is defined in the Arkansas Criminal Code. Probable cause is the legal requirement for an arrest [CALEA 1.2.5]. 1. An arrest occurs when the following conditions exist: a. The officer believes that sufficient legal evidence exists that a crime is being committed, and intends to restrain the suspect; b. The officer deprives the individual of his liberty; and c. The suspect believes he or she is in custody of the police and cannot voluntarily leave. 2. An arrest can be initiated with or without a warrant and must be based on probable cause. a. Arrest Pursuant to Warrant — An arrest warrant issued by the court determines an arrest should be made and directs the police to bring the named person before court. (1) An officer having a warrant in possession may arrest the person named on or described in the warrant at any time and at any place within the jurisdiction of the City of Fayetteville. (2) An officer, who has knowledge that a warrant for arrest has been issued and has not been executed, but who does not have the warrant in his possession, may arrest the person named in the warrant according to Arkansas State Law. (3) The officer must inform the person arrested of the existing warrant, and (4) The officer must serve the warrant on the person as soon as possible. 1.2.1 Limits of Authority Page 2 of 8 b. Arrest Without a Warrant — According to Rule 4 of the Arkansas Court Rules of Criminal Proceedings, a law enforcement officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed [GALEA 1.2.5]: (1) a felony; (2) domestic violence; as further detailed in FPD 1.2.4, Domestic Violence (3) a traffic offense involving: a. death or physical injury to a person; or b. damage to property; or c. driving a vehicle while under the influence of intoxicants or narcotics; (4) Any violation of law in the officer's presence. (5) A private person may make an arrest where he has reasonable grounds for believing the person arrested has committed a felony. (6) It is not necessary that an officer or citizen be able to articulate the specific offense at the time of the arrest. (7) A warrant -less arrest by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency, which collectively possesses knowledge sufficient to constitute reasonable cause. (8) In the case of a misdemeanor, probable cause as well as the officer's presence at the time of the offense is required, with the following exceptions: a. The officer believes the suspect may cause physical injury to self or others, or damage to property unless immediately arrested (see ACA 16-81-113) and Domestic Abuse Act as defined by Arkansas State Law. - b. The suspect has committed the offense of shoplifting when the officer, merchant or merchant's employee who has observed the person accused of shoplifting shall provide a written statement which shall serve as probable cause to justify the arrest (See ACA 5-36-116). c. The officer has reason to believe the suspect will not be apprehended unless immediately arrested. 3. Upon making an arrest, an officer must: a. Identify himself as a law enforcement officer unless his identity is otherwise apparent; b. Inform the arrested person that he is under arrest; and c. As promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest, unless the cause appears to be evident. 4. An arrest is complete when: a. The person submits to the control of the arresting officer who has indicated his intention to arrest, or b. The arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force. 5. An officer may enter private premises or vehicles to effect an arrest when: a. The officer has in his possession a warrant or order for arrest of a person or is authorized to arrest a person without a warrant or order having been issued; 1.2. t Limits of Authority Page 3 of 8 b. The officer has reasonable cause to believe the person to be arrested is present, and c. The officer has given, or made reasonable effort to give notice of his authority and purpose to an occupant thereof, unless there is reasonable cause to believe the giving of such notice would present a clear danger. 6. Arrest for Serious Crime — When an officer arrests a person for a serious crime, the officer shall advise the supervisor on duty and a determination will be made if the Criminal Investigation Division shall be notified of the arrest for further interviewing and investigation. 7. Arrest of Military Deserter — Officers with probable cause that a person is a military deserter may arrest that person and arrange as soon as possible to release the person to the proper military authority. 8. Arrest of Injured Person — Upon arresting a person who has been injured, or is injured during the arrest process, the officer shall conduct an assessment of the injury based on visual and/or verbal clues of the person and/or injury. In doing so, the officer shall [CALEA 1.3.5]: a. Transport the person for normal booking procedures if the injury is apparently non -debilitating and not life threatening. b. Request for Emergency Medical Services to respond to the scene if the injury appears to be life threatening or debilitating. c. Not transport the person to a medical facility if the injury is life threatening or debilitating unless exigent circumstances exist. Further reference may be made to FPD 71.1.1, Detainee Transportation. 9. Arrest of Unconscious or Semiconscious Person — Whenever an officer arrests an individual who is unconscious, semiconscious, or otherwise apparently suffering from some disabling condition, and who is unable to provide information on the causes of the condition, the officer should make a reasonable effort to determine if the person arrested is wearing a bracelet or necklace containing the Medic Alert Foundation's emergency alert symbol to indicate that the person suffers from diabetes, epilepsy, cardiac condition or any other form of illness which would cause a loss of consciousness. If such a symbol is found indicating that the person being arrested suffers from one of those conditions, the officer must make a reasonable effort to have appropriate medical care provided. 10. Arrest of Foreign Nationals — Whenever a foreign national is arrested or detained in the United States, there are legal requirements contained in the Vienna Convention on Consular Relations to ensure that the foreign national's government can offer him/her appropriate consular assistance. In all cases the foreign national must be told of the right of consular notification and access. According to the Department of State, this requirement applies even if the foreign national is not in the United States legally. A list of contact information for embassies and consulates within the United States is available in the squad room and the Washington County Detention Center. In some cases, mandatory notification must be made to the nearest consulate or embassy without delay, or within the time specified in a bilateral agreement between the United States and the foreign national's country, regardless of whether the foreign national request such notification. If the foreign national's country is on the list of mandatory notification countries, notify that country's nearest consular official, without delay, of the arrest/detention. A list of the mandatory notification 1.2.1 Limits of Authority Page 4 of 8 countries is available in the squad room and the Washington County Detention Center. Privacy concerns or the possibility that a foreign national may have a legitimate fear of persecution or other mistreatment by his/her government may exist in some mandatory notification cases. The notification process should still be honored, but it is possible to take precautions regarding disclosure of information. The State Department should be consulted in these situations. Under no circumstances should any information indicating that a foreign national may have applied for asylum in the United States or elsewhere be disclosed to that person's government. It is the responsibility of the arresting officer, not the detaining facility, to notify the arrested person's nearest consular official. It is also the arresting officer's responsibility to inform the arrestee notification has been made. A form documenting arrest notification that can be sent via FAX is available in the squadroom and the Washington County Detention Center. A copy of this notification process should be attached to the arrest report [CALEA 1.1.4]. 11. Misuse of Arrest Authority — Officers of the Fayettevillc Police Department shall not misuse the arrest authority that has been delegated to them. C. USE OF DISCRETION AND ALTERNATIVES TO ARREST The Chief of Police shall determine what measures (policies and procedures) shall be enforced to influence officer discretion at the operative level of patrol. Officers are encouraged to be sensitive to cues as the probability of clearance, witness identification, victim prosecution and other factors when making arrests, issuing citations or other law enforcement activities. In the instances of lesser violations, the officer may weigh the seriousness of the offense and the surrounding circumstances and choose an alternative to arrest. The proper exercise of discretion does not relieve the officer of his responsibility to conduct a thorough investigation [CALEA 1.2.7]. Alternatives to Arrest [CALEA 1.2.6] a. Issuance of a citation or criminal summons (when the district judge determines the offense to be citable) which would allow the arrested person to appear in court on his/her own recognizance. b. Informal resolution; or c. Warnings. At his discretion, an officer may assist, as an alternative to arrest and incarceration, an individual found intoxicated in a public place by taking the following actions [CALEA 1.2.7]: a. The officer may transport the intoxicated individual home; b. The officer may transport the intoxicated individual to the residence of another individual willing to accept him/her; 121 Limits of Authority Page 5 of 8 c. The officer may transport the intoxicated individual to a public or private shelter facility if the individual is apparently in need of and unable to provide for himself food, clothing or shelter but not in need of medical care; d. The officer may transport the intoxicated individual to a medical facility if it is apparent the individual is in need of but unable to provide for himself immediate medical care. 3. Criminal justice and social services programs are available resources that should be considered and utilized when possible. Officers should carefully weigh the available options in any given situation; supervisory consultation may be necessary. Diversion programs available may include, but are not limited to [CALEA 1.1.3]: a. Juvenile offender diversions via the Juvenile Division of the Fourth Judicial Circuit Court b. Fourth Judicial District Victim's Rights Advocate c. The Fayetteville Women's Shelter d. Northwest Arkansas Rape Crisis Center e. Salvation Army f. Local churches and homeless shelters g. Local mental health facilities (See FPD 41.2.7) D. OFF-DUTY ARREST Officers of the Fayetteville Police Department have liability protection for on -duty and off-duty performance of official duties. This protection does not extend to willful acts to cause injury, to damage or to those actions that the police officer knew, or reasonably should have known, were in conflict with the established policies of this department. When off-duty and within legal jurisdiction of this department, a police officer may make an arrest when: a. There is an immediate need for the prevention of bodily injury or property loss/damage or apprehension of a suspect; b. The arresting officer is in possession of appropriate police identification. Off-duty officers shall not enforce minor traffic offenses or utilize personal vehicles to pursue or attempt the apprehension of persons. a. Off-duty officers may cautiously follow suspects to obtain vehicle and suspect descriptions or destinations, but officers must realize there is no authorization under state law or departmental policy to violate traffic laws while operating a private vehicle. b. If an off-duty arrest is made, the off-duty officer shall abide by all departmental policies and procedures and shall notify an on -duty supervisor of the circumstances of the arrest and complete any documentation required by procedure. c. No prisoner or arrestee, under any circumstances, shall be transported in a privately owned vehicle. Officers that engage in the duties of a law enforcement officer, as defined by Arkansas Statute 12-9-102, shall be considered on -duty and shall be compensated by the City of Fayetteville. a. It is the responsibility of the sworn employee to reconcile their work time through the City's timekeeping software. 1.2.1 Limits of Authority Page 6 of 8 E. POST ARREST PROTOCOL The Chief of Police, state law requirements, and jail procedures will dictate what protocol will be followed post -arrest pertaining to preparing reports, fingerprinting, and photographing. For probable cause arrests made by officers that do not include warrants issued by a judge, officers will complete a preliminary report as part of the booking process as well as an arrest incident report in the police department's reporting system. If the arrest also includes a, criminal offense involving a victim, the officer will complete that part of the report as well as the suspect's arrest report [CALEA 1.2.5 a.]. Fayetteville Police Department is responsible for the fingerprinting and photographing of arrested subjects per state law requirements. Per Arkansas 12-12- 1006, immediately following an arrest for an offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person if the offense is a felony or a Class A misdemeanor. When the first appearance of a defendant in court is caused by a citation or summons for an offense, a law enforcement official at the receiving facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person when the offense is a felony or a Class A misdemeanor. While this policy does allow officers to utilize discretion as to whether or not a physical arrest is made or a citation is issued for a Class A misdemeanor, the District Court Judge may provide a list of offenses that will require a physical arrest for certain offenses. Juvenile post arrest requirements are set forth in A.C.A. 9-27-320. For juvenile arrest procedures and protocols, see Juvenile Operations 44.1.1. F. PERSONNEL IDENTIFICATION MEASURES The following will govern identification requirements of all police department personnel [CALEA 22.2.7] : 1. All personnel will be issued an identification card with their photograph that is required to be carried and accessible while the employee is on duty [CALEA 22.2.7 b.]. 2. All employees shall be able to display their identification card upon a reasonable and safe request. Sworn personnel should display this in the accompaniment of their issued badge. Exceptions to this display are when necessary during the performance of police duties at an incident where the officer's status is obvious or in a required undercover capacity where doing so would jeopardize the mission of the operation or the officer's cover [CALEA 22.2.7 a.]. 3. In cases where an officer is unable to show identification during an incident, that officer should make every attempt to show his credentials to the requesting party once the scene is secured [CALEA 22.2.7 a.]. 4. All officers including uniformed officers should have access to their full credentials while on duty for cases where additional credential checks may be required. Exceptions to this requirement may occur in undercover assignments [CALEA 22.2.7 a.]. 5. In the course of conducting official department business over the telephone, all employees should identify themselves by title, department, and name. Should the l .2.1 Limits of Authority Page 7 of 8 other party question the department employee's credibility, the employee should welcome the other party to verify their identity. The employee should suggest the other party may hang up and call the Fayetteville Police Department for verification through Dispatch. Employees may provide the other party with the telephone number and tell the other party they are welcome to look up the phone number independently [CALEA 22.2.7 c.]. 6. The issuance of identification shall be considered a standard procedure. A record will be maintained documenting the date of issuance, the person issuing, and the person issued. Employees will be expected to maintain their identification in a professional manner. Lost or stolen identification cards shall be reported to the immediate supervisor. 7. Upon separation of employment, the employee shall relinquish his or her identification card to police personnel. 1.2.1 Limits of Authority Page 8 of 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PRO CED URES, AND RULES Su_bjeet: 1.2.2 Warrantless Detention, Search &_Seizure Reference: 6_1.4.3 CALEA: 1.2.3, 1.2.4 I. Purpose Effective Date: November 8, 2012 Version: l No. Pages: 5 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. 1.2.2 Warrantless Detention, Search & Seizure Page 1 of 6 The person's voluntary answers to such questions may be offered into evidence in any subsequent criminal proceedings. [GALEA 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. G. The person has exhibited conduct in an attempt to conceal an object from the officer's view. d. The person exhibits unusual behavior. C. 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. 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 1.2.2 Warrantless Detention, Search & Seizure Page 2 of 6 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 of only if it is reasonable to believe the arrestee might access the vehicle at the time of the search or the ffleer- has feasen to mbelie e. th—e 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] 1.2.2 Warrantless Detention, Search & Seizure Page 3 of 6 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 [GALEA 1.2.4] 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 [GALEA 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 [GALEA 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 has 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.]. If a question arises regarding the gender of the subject to be searched, the subject's gender will be determined based on the policies, procedures and rules of the detention facility. 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] l .2.2 Warrantless Detention, Search & Seizure Page 4 of 6 I . 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 when they come into view and the officers have 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. K. Warrantless Search by Law Enforcement Officer of a Supervised Probationer or Parolee. 1. A person who is placed on supervised probation or is released on parole is required to agree to a waiver as a condition of his or her supervised probation or parole that allows any certified law enforcement officer to conduct a warrantless search of his or her person, place of residence, or motor vehicle at any time, day or night, whenever requested by the certified law enforcement officer. A warrantless search that is based on a waiver shall be conducted in a reasonable manner (16-93-106). 2. Though Arkansas Law does not require an articulable suspicion that the person is committing or has committed a criminal offense, this department requires that an officer have some articulable law enforcement concern, however slight, prior to conducting such searches without the direct assistance of a parole or probation officer, or that the parolee/probationer be a party to an otherwise lawful stop based on reasonable suspicion or probable cause. 3. Examples of a law enforcement concern include but are not limited to: Anonymous tips/reports that would otherwise not be sufficient to conduct a search; parolee/probationer found in known crime areas or otherwise under suspicious circumstances less than reasonable suspicion for a terry stop; parolee/probationer is a party to a lawful traffic stop or other detention whereby a search would otherwise be unlawful. 4. Officers are prohibited from using this statute to harass. 5. Prior to a search of a parolee/probationer based on the sole fact that the person is merely a parolee/probationer, a member of this department shall verify the status of the person believed to be on supervised probation or parole and that a waiver exists prior to conducting a seizure and or search. 6. If a waiver does not exist or cannot be confirmed, the officer will need to follow rules of criminal procedures for any warrantless search. 7. Authority granted under this statute does not preclude other restrictions that may be applicable under law including 3rd party rights, co -occupants, etc. 8. In the event a co -occupant or other lawful third party prevents the search of a residence where a parolee or probationer resides based on applicable law, the officer will advise the third party that the parolee/probationer may be in violation of his/her parole based on their lawful objection, and the officer will report the incident to Parole/ Probation for their consideration of enforcement. 9. Officers will document all parole/probation searches or attempts to search in an incident or informational report. The report should document the date, time, location, 1-2.2 Warrantless Detention, Search & Seizure Page 5 of 6 parolee/probationer searched, scope of the search, the law enforcement concern that led to the search or an otherwise lawful stop, and the result of any such search. 10. In addition to typical enforcement, that may occur, thel discovery of any criminal violation will be immediately-nported.to the appropriate Parole/Probation Officer for further administrative consideration. 1.2.2 Warrantless Detention, Search & Seizure Page 6 of FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PRO CED URES, AND RULES Effective Date: SuW.ect: 1.3.1 Use of Force March 17, 2015 Reference: 1.3.4, 41.3.5, General Orders 13, 14, 23, 29, 32 Version: 5 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 of property 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 belief 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 a long-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 Officers of the Fayetteville Police Department shall only carry firearms, less -lethal weapons, and ammunition issued to them, or approved, by the Fayetteville Police Department while on duty. While working off duty assignments that have potential for police action, officers shall only carry firearms, less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville Police Department [CALEA 1.3.9]. A. Use of Deadly Force 1. An officer may use deadly force to protect him/her or others if he/she 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 employees may have exceeded the scope of their authority in their actions or in their use of deadly force and to shield employees who have not exceeded the scope of their authority from possible confrontations with the community, employees 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. This shall include all employees, is not limited to shootings, and will include incidents such as fatal or serious physical injury motor vehicle collisions involving employees [CALEA 1.3.81. 9. The killing of an animal is justified by the following conditions: a. For self-defense, to prevent injury to an officer or another, or when the animal is so badly injured that humanity requires its relief from further suffering. b. The destruction of vicious animals should be guided by the same rules set forth for self-defense and safety of others. 1.3.1 Use of Force Page 2 of 8 c. A Use of Force Report and memorandum to the officer's direct supervisor shall be completed when an animal is killed for the self-defense of officers or safety of others. d. A seriously wounded or injured animal may be destroyed upon approval from a supervisor, and only a Use of Force Report is required. 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 seetie 4=34 the Less -Lethal Weapons and Defensive Tactics policy (1.3.4), and in accordance with guidelines established in this policy and the applicable general orders. 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 handgun is an essential job function of a Fayetteville Police Officer. Failure to qualify may result in the imposition of discipline, up to and 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]. An Arkansas Commission on Law Enforcement Standards and Training (CLEST) certified weapons instructor shall conduct training and qualification [CALEA 1.3.11 a]. a. Officers shall qualify with the issued handgun four times each year, at least one of which will meet a CLEST approved 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 on a CLEST approved course. 1.3.1 Use of Force Page 3 of 8 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) An officer who fails to qualify with his/her issued handgun, shotgun, or rifle after two consecutive attempts shall be referred for immediate refresher 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 the determination is made 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 refresher training and a CLEST approved 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. b. Officers exercising the option to carry a weapon while off-duty are authorized to carry their issued primary and/or secondary handgun(s) weapan. 1.3.1 Use of Force Page 4 of 8 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 [GALEA 1.3.9 c,d,e]. (1) The Firearms Division will maintain weapons inspections reports. (2) Firearms determined to be unsafe or irreparable by certified weapons instructors or armorers shall immediately be removed from service with a report indicating such status [GALEA 1.3.9 d.]. (3) For weapons in need of repair, a certified armorer will make the decision to repair the weapon or to send the weapon to the factory's certified repair center [CALEA 1.3.9 d.]. (4) The Firearms Division will maintain a record on all weapons in service to include inspection date(s) and maintenance [CALEA 1.3.9 e.]. 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) Officers shall be responsible for reporting damaged or unsafe firearms to the on - duty supervisor who will ensure unsafe firearms are removed from service and the certified armorer is notified. Officers shall complete a memorandum documenting the damaged or unsafe firearm to his immediate supervisor to be forwarded through the chain of command, as well as to the certified armorer [CALEA 1.3.9 d.]. (4) 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. (5) 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 1.3.1 Use of Force Page 5 of 8 qualifications) or in the event of an accidental discharge, the officer shall comply with the following: a. The officer who fired the weapon shall notify the shift supervisor as soon as practicable after the firing has taken place. b. The supervisor shall make a preliminary investigation each time an officer under his command fires a weapon. c. The supervisor shall cause a report to be filed immediately with the Chief of Police regarding the firing of any weapon by police personnel [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 through the chain of command 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. 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]: a. Each officer will be assigned and issued a primary handgun 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.]: (1) Officers must meet the qualification standards for their issued handgun as previously stated in this policy [CALEA 1.3.11 b.]. b. Officers are authorized to carry an issued Glock model 27 .40 caliber semi-automatic pistol as a secondary weapon [CALEA 1.3.9 a.]. (1) Officers issued this weapon will qualify annually on an approved qualification course [CALEA 1.3.11 b.]. c. The rifle will be an 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 a reflex sight approved by the Chief 1.3.1 Use of Force Page 6 of 8 of Police an Ee Too hale yaphie sight and co -witness flip up iron sights [CALEA 1.3.9 a.]: (1) The ARI 5 rifle will be authorized for Emergency Response Team (ERT) members and for other selected sworn members of the department. (2) AR15 operators must successfully complete a patrol rifle certification course approved by CLEST [CALEA 1.3.11 b.]. (3) AR 15 operators must pass a CLEST approved patrol rifle qualification course using both types of sights annually [CALEA 1.3.11 b.]. d. 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.]: (1) Shotguns will be authorized for ERT members and for sworn officers. (2) Shotgun operators will have completed a shotgun certification course approved by CLEST. (3) Shotgun operators must pass a CLEST approved shotgun qualification course annually [CALEA 1.311 b.]. e. Precision rifles will be either the Remington model 700 LTR bolt action .308 caliber or the Larue PredatOBR semi-automatic, gas operated, magazine fed .308 caliber rifle [CALEA 1.3.9 a.]: (1) Precision rifles will be authorized for selected ERT members. (2) Precision rifle operators must successfully complete a Sniper certification course approved by CLEST. (3) Precision rifle operators must pass a CLEST approved precision rifle qualification course annually [CALEA 1.3.11 b.]. f. Officers assigned to the 4th Judicial District Drug Task Force (DTF) will be authorized to carry the Glock model 27 .40 caliber semi-automatic pistol [CALEA 1.3.9 a.]. (1) DTF officers issued this weapon will qualify annually on an approved qualification course [CALEA 1.3.11 b.]. g. 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 £]. D. 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]. 1. 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: 2. 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 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 or less lethal 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. 3. Officers should photograph and document any injury, or reported injury, on the Use of Force Report. 4. Use of Force Reports will be reviewed and submitted by the shift supervisor to the department's administration [CALEA 1.3.7]: a. A supervisor will conduct a documented review of camera captured data in all uses of force incidents that involve the use of less lethal weapons and/or weaponless uses of force which result in a subject receiving medical treatment. b. 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]. c. The designated head of OPS will conduct an annual analysis of all Use of Force Reports, activities, policies, and practices- 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, PRO CED URES, AND RULES Subject: 1.3.4 Less -Lethal Weapons and Defensive Tactics Effective Date: October 6, 2015 Reference: 1.3.1, General Orders 13, 14, 23, 29, 32 Version: 6 GALEA: 1.3.4, 1.3.5, 1.3.6, 1.3.9, 1.3.11, 1.3.12 No. Pages: 4 I. PURPOSE The purpose of this directive is to establish specific guidelines for the use of authorized less - lethal weapons and defensive tactics [CALEA 1.3.4]. II. DISCUSSION 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. III. POLICY It shall be the policy of the Fayetteville Police Department that officers use defensive tactics and less -lethal weapons when warranted, but only in a manner consistent with this agency's use of force policy and in accordance with guidelines established in this policy and in the applicable general orders. in aaeefdallee thisgen..�.. r �....,d ,..�,..J , alld estab e A. Defensive Tactics The Use of Force Continuum is included as a guide in the appropriate use of force. It is recognized that it cannot be rigidly applied in rapidly unfolding and fluid situations. Officers should generally use the level of force that can reasonably be expected to succeed in controlling the situation. Officers are not required to move in a hierarchical fashion through all the levels of control, but instead, should use that level of force that is appropriate and reasonable under existing circumstances [CALEA 1.3.1]. The force continuum contains areas of control, which will be used by an officer, and the levels of resistance, which are used by the offender. 1. Levels of Control: The department will instruct various defensive tactics techniques, which include pressure point and ground fighting techniques to officers. Officers shall only use authorized techniques they have been trained to use: 1.3.4 Less -Lethal Weapons and Defensive Tactics Page I of 5 a. Officer Presence: The professional appearance and uniform of a police officer. b. Verbal Direction: The appropriate verbal response and commands used to attempt to direct the action of a suspect. c. Empty Hand: Soft empty hand techniques are designed to control passive or defensive resistance. They are used when verbal direction/commands are not effective and there is non-compliance with lawful orders. Soft empty hand control techniques include strength techniques, joint locks, pressure points or distraction techniques, which are hand and leg strikes to specific motor nerve points. d. Hard Empty Hand Control techniques are designed to control active aggression, but can be used to control defensive resistance when lower forms of control have failed or when the officer believes lower forms of control will fail. e. Intermediate Weapons: An intermediate weapon is any tool used when empty hand control has been, or will likely be, ineffective or dangerous for the officers to attempt, and deadly force is not justified. Usage criteria for intermediate weapons is as follows: (1) The use of any intermediate weapon is considered a use of force and shall be deployed in a manner consistent with this agency's use of force policy and in accordance with guidelines established in this policy and in the applicable general orders. (2) An intermediate weapon may be used when: (a) verbal dialogue has failed to bring about the subject's compliance, and (b) the subject has signaled an intention to actively resist the officer's efforts to make the arrest, and (c) the use of empty hand techniques has been, or will likely be, ineffective or not reasonable under the circumstances. (d) confronted with an aggressive animal. (3) Whenever practical and reasonable, officers should issue a verbal warning prior to the use of an intermediate weapon. (4) An officer may use deadly force to protect himself or others from the use, or threatened use, of an intermediate weapon when the officer reasonably believes that deadly force will be used against him if he becomes incapacitated. (5) An intermediate weapon is not designed, nor expected, to be used in place of deadly force when deadly force is justified. The intermediate weapon is another tool in the use of force continuum to assist in preventing injury to officers or others. (6) Once a suspect is compliant, the use of an intermediate weapon is no longer justified. (7) If an intermediate weapon has been deployed, officers shall seek appropriate medical aid and/or assistance if necessary. Reference may be made to general orders specific to the less -lethal weapon [CALEA 1.3.5]. f. Deadly/lethal force: Force likely to cause death or serious physical injury. Officers are authorized to use deadly force only when it is reasonable and 1.3.4 Less -Lethal Weapons and Defensive Tactics Page 2 of 5 necessary to protect him/her or others if he/she has reasonable belief of immediate threat of death or serious physical injury. 2. Levels of Resistance: a. Psychological Intimidation: The suspect attempts to intimidate the officers psychologically. These are non-verbal cues such as suspect attitude or physical appearance or physical readiness. b. Passive Resistance: The suspect makes no attempt to fight the officer or even pull away. He simply forces the officer to do all the work. An example would be the protestor who causes the officer to pick him up and carry him from the scene or the drunk driver who will not step from the car but must be physically pulled out. c. Verbal Non -Compliance: This includes verbal threats from the suspect towards the officers. A suspect may not be resisting just by threatening the officer but may simply refuse to comply with orders, be unwilling to comply or ignore the officer completely. d. Defensive Resistance: The suspect performs actions that attempt to prevent officers from controlling him, such as pulling away when handcuffing is attempted. He may simply move away from the officer or push the officer's hands away. The suspect makes no attempt to harm the officer, just tries to defeat the arrest. e. Active Aggression: The suspect attempts to harm the officer by physical actions such as striking or kicking him. f Aggravated Aggression: The suspect is attempting to harm the officer by use of a weapon or empty handed at a deadly force level. De-escalation of Force: a. Officers must immediately de-escalate down to empty hands or verbal commands after gaining compliance through the use of an intermediate weapon. b. Officers, for their own protection, should understand and comply with the force continuum. 4. Training: a. Officers are only authorized to use intermediate weapons, pressure points and defensive tactics after they have received training and certification. b. Officers are required to attend refresher training on handgun retention and defensive tactics as scheduled by the Training Division. B. Less -lethal Weapons 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 is the policy of this department that officers use less -lethal weapons when warranted, but only i aeeer- anee with the gui aolkles established in this pelie in a manner consistent with this agency's use of force policy and in accordance with guidelines established in this policy and in the applicable general orders. 1.3.4 Lcss-Lethal Weapons and Defensive Tactics Page 3 of 5 Less -lethal weapons are not designed to be used in place of deadly force when deadly force is justified. Less -lethal weapons are other tools in the use -of -force continuum to assist in preventing injury to officers and others. Officers of the Fayetteville Police Department shall only carry less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville Police Department while on duty. While working off duty assignments that have the potential for police action, officers shall only carry less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville Police Department [CALEA 1.3.9]. The types and specifications of approved less -lethal weapons and any corresponding ammunition will be governed by the department's Approved Weapons and Ammunition List as maintained by the Administrative Lieutenant [CALEA 1.3.9 a., b.]. All less -lethal weapons shall be reviewed and inspected on an annual basis by a qualified weapons instructor or armorer. All less -lethal weapons must be deemed safe and operational by the qualified weapons instructor or armorer before being issued and/or carried [CALEA 1.3.9 c.]. Less -lethal weapons determined to be unsafe by qualified weapons instructors or armorers shall immediately be removed from service [CALEA 1.3.9 d.]. The police department will maintain a record on all less -lethal weapons in service to include inspection date(s) and maintenance [CALEA 1.3.9 e.]. The department's Duty Assignment List will document personnel responsible for maintenance and inspection of less -lethal weapons. Officers shall be responsible for reporting damaged or unsafe less -lethal weapons to the on -duty supervisor who will ensure unsafe less -lethal weapons are removed from service. Officers shall complete a memorandum documenting the damaged or unsafe less -lethal weapon to his or her immediate supervisor. The supervisor shall forward the memorandum through the chain of command and also send a copy of the memorandum to the qualified weapons instructor or an armorer listed on the department's Duty Assignment List. Before the repaired less -lethal weapon is put back into service, it will be inspected by a qualified weapons instructor or armorer and deemed safe and operational [CALEA 1.3.9 d.]. All agency personnel authorized to carry less -lethal weapons will be issued copies of and be instructed in the policies FPD 1.3.1, 1.3.4, and applicable Less -lethal General Orders before being authorized to carry the weapon. The issuance and instruction shall be documented [CALEA 1.3.12]. Officers shall receive in-service refresher training, to include a review of FPD 1.3.1 and 1.3.4, on an annual basis [CALEA 1.3.11]. A certified weapons or tactics instructor will conduct refresher training. Proficiency training must be monitored by a certified weapons or tactics instructor [CALEA 1.3.11]. All agency personnel authorized to carry electronic controlled weapons shall annually demonstrate proficiency. In service training for other less -lethal weapons and weaponless control techniques shall occur at least biennially [CALEA 1.3.11]. The training division will maintain documentation of refresher training and proficiency training on all weapons [CALEA 1.3.11 b.]. Remedial training, if necessary, will be given to any officer who is 1.3.4 Less -Lethal Weapons and Defensive Tactics Page 4 of 5 unable to demonstrate knowledge and proficiency of less -lethal weapons prior to resuming official duties [CALEA 1.3.11 ]. 1.3.4 Less -Lethal Weapons and Defensive Tactics Page 5 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 1.3.6 Officer -involved Shooting Effective Date: Reference: FPD 1.3.1, GO 21 Version: 1 CALEA: No. Pages: 9 I. PURPOSE The intent of this policy is to establish procedures for the response and investigation of officer -involved shootings, on duty or off duty, and to ensure that such incidents be investigated in a thorough, fair and impartial manner. II. DISCUSSION It is important employees know what to expect before a shooting occurs. This policy will outline the steps to be taken when: • An officer fires his/her weapon at any person; or • An officer fires his/her weapon and strikes any person. An officer firing his/her weapon in training, practice, or for the humane termination of a critically wounded animal is not applicable to this policy. III. DEFINITIONS Deadly Force: Deadly force is 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. Reasonable Belief. Reasonable belief is fact or circumstances an officer 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. Officer -Involved Shooting: For the purpose of this policy, an officer -involved shooting is defined as any shooting where an officer fires his/her weapon at any person, or an officer fires his/her weapon and strikes any person. This includes officer -involved shootings on -duty, off-duty, and the unintentional discharge of a firearm resulting in injury to another person. Internal/Office of Professional Standards (OPS) Investigation: An investigation conducted to evaluate adherence to department policies, procedures, and rules. 1.3.6 Officer Involved Shooting 1 of 8 Shooting team: Investigators assigned by the Chief of Police or his designee to conduct an internal investigation into the events of an officer -involved shooting. Criminal Investigation: A criminal investigation is an investigation conducted by Fayetteville Police Department investigators and/or investigators from an outside agency. The purpose of the criminal investigation is to determine if any laws were violated by employees and/or other involved subjects. Critical Stress Debriefing: Critical stress debriefing is a benefit provided to Fayetteville Police Department employees who are directly involved in critical incidents that may lead to stress beyond the scope of daily calls for service. Employee Assistance Program: The City of Fayetteville Employee Assistance Program is a benefit provided to City of Fayetteville employees that allows employees and/or their family members to receive counseling sessions. IV. POLICY The Fayetteville Police Department recognizes officer -involved shootings involve serious decisions and actions, and shooting incidents deserve immediate and objective review. Incidents shall be critically examined in order to protect both the interests of the public and involved employees. The Fayetteville Police Department is responsible for the completion of criminal and internal investigations related to officer -involved shootings within their jurisdiction; however, this responsibility will be relinquished in criminal investigations to another agency in most situations involving injury or death. V. PROCEDURE A. Crime Scene For the purpose of this policy, the below listed steps shall be taken after the crime scene has been secured and there is no longer an immediate threat to officer safety. The Fayetteville Police Department recognizes that an officer who has been involved in a shooting may have memory loss and other physiological reactions caused by the shooting incident. For that reason, the following listed procedures shall be followed: 1. Digital Mobile Video Recorders (DMVR) and/or body worn cameras shall not be turned off by any officer until he/she has been instructed to do so by a supervisor, or until the officer leaves the scene(s) of the incident. Supervisors 1.3.6 Officer Involved Shooting 2 of 8 should make exceptions for officers having private conversations with their legal representatives and/or family members. 2. Immediately after the scene has been determined to be safe, officers shall provide first aid to the extent possible to any person who has been injured [GALEA 1.3.5]. 3. Officers shall advise Central Dispatch Center (CDC) to request an ambulance to treat anyone who is in need of medical care. 4. The officer(s) shall request an on -duty supervisor respond to officer -involved shooting scenes. 5. The officer(s) on the scene of a shooting shall secure the crime scene to the extent possible so as not to destroy any evidence that may be of importance to the investigation. 6. An on -duty supervisor shall immediately respond to the scene of the shooting and ensure: a. All medical needs have been addressed; b. The crime scene has been adequately secured; c. The Chief of Police shall be notified through the chain of command immediately; d. Additional personnel or resources have been requested through CDC, and; e. CDC has contacted the Public Information Officer to respond to the scene to manage media inquiries. 7. The first responding on -duty supervisor shall maintain control of the shooting scene until he/she is relieved of that duty by appropriate personnel. The supervisor in charge of the scene shall cause a shooting scene log to be kept documenting any and all individuals entering the scene. The on -duty supervisor shall specifically ask each officer at the scene of a shooting if they have been injured. Any injuries shall be documented and photographed, and the supervisor shall ensure injured officers receive medical treatment. The on -duty supervisor shall ensure appropriate worker's compensation paperwork is completed. 9. The officer(s) involved in the shooting who fires his/her weapon shall give a brief account to the first responding supervisor of the sequence of events. This shall include the nature of the initial call or encounter, the number of subjects and/or witnesses who were involved, and any information the officer feels is critical for the initial report, investigation, or public safety. 1.3.6 Officer Involved Shooting 3 of 8 10. The officer's supervisor at the time of the incident will be responsible for ensuring that personnel involved in the shooting file reports in a timely manner [GALEA 1.3.6a]. 11. All officers involved in the incident, regardless if they fired their weapon, shall return to the police department as soon as released by a supervisor. When necessary, officers will be driven from the scene to the police department. B. Upon Return to the Police Department 1. Officers who were involved in the shooting shall be given time to contact family members, legal representatives, pastors, peers, and/or other support personnel the officer deems necessary. The involved officer(s) who fired his/her weapon shall not be isolated. A neutral peer or supervisor shall be assigned to accompany and support the officer until the officer has been released to leave the department. The support officer shall not question the involved officer about the shooting. In a private setting at the police department, a supervisor shall retrieve the involved officer's fired weapon for investigation and immediately exchange it with a replacement handgun. If a long gun was fired, it shall be at the discretion of the Chief of Police, or his designee, if the long gun is to be replaced, dependent on the availability of weapons. 4. The immediate supervisor shall collect discharged firearms and maintain strict custody of the firearms until released to the criminal investigation team or submitted to the Property and Evidence Division. Appropriate paperwork will be completed to document the exchange. 5. All officers who were present at the scene of a shooting shall have their weapons inspected, photographed and documented to verify shots were or were not fired. This shall be done in a private setting at the police department by a supervisor or the criminal investigators. 6. As soon as possible following a shooting, the shooting team shall inform the involved officer(s) of the administrative and investigative process that will follow. The officer shall be given a point of contact at the police department so that any questions or concerns the officer has can be addressed. 7. When the involved officer is released by the shooting team to go home, he/she will be provided transportation as needed. 8. The officer(s) shall be kept informed of the status of the internal and criminal investigations as is practicable. 1.3.6 Officer Involved Shooting 4 of 8 C. Internal Investigation The Chief of Police or his designee will select members for a shooting team immediately following an officer -involved shooting. The shooting team shall answer directly to the Chief of Police. 2. The shooting team's internal investigation shall focus on Fayetteville Police Department policies, procedures and rules. This investigation will be separate from the independent criminal investigation. 3. All internal shooting team investigations shall be conducted in a thorough and efficient manner. Shooting team investigations shall take priority over other assignments and shall be completed as timely as possible. 4. All employees shall cooperate with the shooting team, and no employee shall interfere in any way with the investigation. 5. The officer involved in the shooting will be given a chance to recover from the traumatic event before he / she will be required to give a formal interview with the shooting team. a. The involved officer(s) shall be afforded the opportunity to have legal representation present during internal interviews conducted by the shooting team. b. Prior to an internal investigation interview, the officer/s shall be afforded the review of his/her Garrity Warning. c. All interviews shall be audio recorded. d. The involved officer(s) will be compensated for time spent participating in the internal and criminal investigation. e. If an officer refuses to answer questions during an internal investigation, he/she will be given a direct order to answer the questions. If the officer refuses, he/she will face discipline up to and including termination. 6. An employee's compelled statements made during an internal investigation shall not be used against that employee in any criminal investigation. 7. Once the internal investigation is complete, it shall be submitted to and reviewed by the head of the Office of Professional Standards (OPS). The investigation findings shall then be delivered to the Chief of Police. The Chief of Police shall determine what actions are to be taken. D. Criminal Investigation 1.3.6 Officer Involved Shooting 5 of 8 When an officer fires his/her weapon, the Chief of Police may request an independent criminal investigation by an outside police agency to determine if any law was broken by the officer(s) and/or the other involved subject(s). If an officer fires his/her weapon and causes injury or death of another person, the Chief of Police shall request an independent criminal investigation by an outside police agency to determine if any law was broken by the officer(s) and/or the other involved subject(s). It shall be the Chief of Police or his designee's discretion as to which, if any, outside agency shall be utilized. 2. The Chief of Police or his designee shall notify the Washington County Prosecuting Attorney about the shooting as soon as possible to allow the prosecutor the opportunity to visit and examine the crime scene. 3. The criminal investigators shall have priority to the crime scene, and they will allow the shooting team access once critical evidence has been identified and preserved. 4. During criminal investigation interviews of police department personnel, all constitutional guarantees shall be afforded to personnel as would be afforded to any citizen. 5. When circumstances dictate the criminal investigation is to be conducted by the Fayetteville Police Department Criminal Investigation Division, the supervisor in charge of the investigation shall keep the Chief of Police or his designee informed of the progress of the investigation. a. When the investigation has concluded, the Chief of Police shall review the findings. b. After a review of the findings, the Chief of Police shall direct the supervisor in charge of the investigation to forward the case file to the Washington County Prosecuting Attorney's Office for review. c. The criminal investigation shall not be considered complete and/or closed until the investigation and findings have been reviewed by the prosecutor. d. It is recognized the prosecutor may request additional interviews or investigation, and therefore the criminal investigation shall not be released to anyone other than the prosecutor and/or Fayetteville City Attorney, until the investigation has been reviewed and is officially completed and closed. E. Administrative Leave 1. It shall be the policy of the Fayetteville Police Department that any officer who fires his/her weapon at any person, or who fires his/her 1.3.6 Officer Involved Shooting 6 of 8 weapon and strikes any person, shall be removed from line -duty assignment [CALEA 1.3.8] and placed on paid administrative leave. The Chief of Police is the ultimate authority and may deem it necessary to place other employees on paid administrative leave. 2. Paid administrative leave is a matter of policy, and should not be interpreted to imply or indicate the officer(s) has acted properly or improperly. Administrative leave is not a disciplinary action. 3. At all times while on administrative leave, the officer(s) shall remain available to investigators. 4. The Chief of Police is the ultimate authority who shall decide when an officer is to return to work and in what capacity. 5. An officer who has been on leave pursuant to this policy shall qualify with his/her duty weapon(s) prior to returning to his/her regular duty assignment. F. Return of Weapons The examination and testing of firearms may take several weeks and/or months to complete. When an officer's weapon is returned to the police department, and it is no longer needed by the Washington County or Fayetteville City Prosecutor, the firearm shall be inspected by a certified armorer to determine if the weapon is safe to reissue. G. Employee Assistance 1. When an officer is involved in a shooting, it shall be the policy of the Fayetteville Police Department to provide services to the officer, including but not limited to, critical stress debriefing involving a professionally recognized counselor, chaplain, medical doctor, and/or peer group. The Chief of Police shall be responsible for selecting who is to be used for the critical stress debriefing. Critical stress debriefing should normally be held within the first seventy-two hours following the incident. 2. It shall be mandatory for officers who discharge their weapon at any person, or who has been shot, to attend the Employee Assistance Program and follow the treatment plan given. 3. The Chief of Police may choose to refer employees to an alternate mental healthcare professional who specializes in counseling for law enforcement personnel in place of the Employee Assistance Program. 1.3.6 Officer Involved Shooting 7 of 8 4. An employee who was present during a shooting, but did not fire his/her weapon, or at whom a weapon was fired, shall be offered the option of the Employee Assistance Program. 5. An officer(s) involved in a shooting shall be given adequate time from work deemed necessary by the employee and the Chief of Police. 6. The Chief of Police has the discretion to require an employee to participate in an independent fitness for duty evaluation. If the Chief of Police determines there is a question about an employee's fitness for duty, the evaluation will not be conducted by any healthcare professional that provided post -shooting intervention and/or counseling. H. Employee Injury 1. All police department employees shall complete a Line of Duty Death/Serious Injury Personal Information Sheet (LODD form) annually. 2. The Administrative Captain will distribute LODD forms for completion and revision annually. 3. Completed LODD forms shall be maintained in each employee's administrative file at the police department. 4. In most cases, notification shall be made by a member of the department's administration with assistance of the department's chaplain anytime there is an on -duty employee death, serious injury or serious illness. Depending on the situation, a member of the department's administration may assign or allow another sworn member of the department to make the notification or accompany during the notification (FPD GO 21). Every effort will be made to honor the employee's wishes, based on his/her completed LODD form. 5. Fayetteville Police Department employees are absolutely forbidden to release information concerning an employee's line of duty injury or death, unless given express permission to do so by the Chief of Police. I. Social Media 1. Social media postings by police department employees of any kind concerning Fayetteville police officer involved shootings are absolutely forbidden, unless given express permission to do so by the Chief of Police. 1.3.6 Officer Involved Shooting 8 of 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PR O CED URES, AND R ULES Effective Date: Subject: 22.3 Secondary Employment July 7, 2015 Reference: Arkansas Statute 12-9-102 Version: 2 CALEA: 22.3.4, 22.3.5 No. Pages: 3 I. Purpose To establish guidelines for secondary employment by members of the Fayetteville Police Department. II. Policy It is the policy of the Fayetteville Police Department to allow agency personnel to engage in approved secondary employment opportunities within the guidelines of this policy [CALEA 22.3.4]. III. Definitions A. Extra -Duty Employment — secondary employment wherein the actual or potential use of law enforcement powers is anticipated. B. Off -Duty Employment — secondary employment wherein the actual or potential use of law enforcement powers is not anticipated. IV. Departmental Limitations A. Employees may not engage in employment that is a threat to the status and dignity of law enforcement as a professional occupation. Employment representing such a threat includes, but is not limited to: [CALEA 22.3.4] 1. Employment at establishments that promote obscenity or pornography as defined by the Arkansas Criminal Code. 2. Any employment where the dispensing or consumption of alcoholic beverages is the primary function of the business. This prohibition does not include approval obtained by the Chief of Police for working special events where alcoholic beverage permits have been granted. 3. Any employment where gambling occurs as the main source of activity. (This does not include civic fund raising events where the proceeds are used to support legitimate charities or other nonprofit agencies). 4. Any employment where the employer is involved in a labor or civil rights dispute. 22.3 Secondary Employment Page i of 3 5. Any employment with individuals or companies of questionable business interest where there could be a decrease in trust and confidence from the public. 6. Any employment whereby the nature of such employment would interfere with the performance of official duties, jeopardize in any manner the impartial position of the Department or create a liability concern that might involve the employee violating any procedure, ordinance or law. 7. Any employment that might present potential conflicts of interest for employees between the Departmental duties and their duties for a secondary employer. 8. Any employment that creates a decrease in trust and confidence from the public. B. To be eligible for secondary employment, employees must be in good standing with the department. The employee's history of past disciplinary actions shall be taken into consideration by the Chief of Police when determining eligibility. C. Employees must have completed the Field Training Program before being eligible to work extra -duty employment. D. Employees absent from duty, due to sickness, may not engage in secondary employment during the hours in which they were regularly scheduled to work. E. Employees on light duty status, extended sick leave (more than three consecutive days), worker's compensation, FMLA, administrative leave or suspension are not authorized to work any extra -duty employment without the written consent of the Chief of Police. F. Employees will not engage in any secondary employment that might affect the objectivity and independence of their judgment or conduct in performing their official duties and responsibilities. G. Work hours for all secondary employment must be scheduled in a way that does not conflict nor interfere with the employee's official performance of duty. Special consideration will not be given to scheduling of the employee's duty hours to accommodate secondary employment. K. All employees of the Department engaged in secondary employment are subject to call out in case of emergency and will be expected to leave any other employment in such situations. I. Employees will not report to duty physically or mentally exhausted to the point where their performance is affected because of any secondary employment. J. Extra -duty employment is limited to within the corporate limits of the City of Fayetteville. Off-duty employment may be authorized outside the city limits. V. Guidelines A. Employees must complete a !?ts{t+s ►mak}trcr+� F�t3�•_ lac r ttc 1 1 or it pproval Qi .Sec'ondarlr E'III )/()1,nteIII Qylsick, Department form prior to seeking secondary employment. This form must be routed through the employee's chain of command [CALEA 22.3.5 a.]. B. Additionally, all non -sworn employees are required to submit an Outside Employment Request form through their chain of command to the Chief of Police and the City Attorney, in compliance with City of Fayetteville Policy and Procedure HR -15. 22.3 Secondary Employment Page 2 of 3 C. The Chief of Police, or his designee, will have final approval or disapproval authority for requests of secondary employment, and no employee shall work such employment until authorization has been obtained [CALEA 22.3.5 c.]. D The Request forppr-,,ya of Ext,.,, Etnp e... ie The Request For Approval Of Secondary Employment Outside Department form shall contain the significant aspects of the secondary employment job the employee is seeking [CALEA 22.3.5 e.] E. A copy of all approved secondary employment forms shall be routed to the Administrative Captain for filing and review for adherence of this policy [CALEA 22.3.5 d.] F. Once on-going secondary emploMent has been approved, the employee must resubmit a "new" request for approval form at the beginning of each year. G. Once granted, approval for secondary employment can be revoked or annual renewal denied when, in the judgment of the employee's chain of command, the secondary employment becomes incompatible with departmental employment or adversely affects the employee's job performance or efficiency [CALEA 22.3.5 C.I. V1. Accountability A. All employees engaged in extra -duty employment, uniformed or plain clothes, shall abide by the Policies, Procedures and Rules of the Fayetteville Police Department [CALEA 22.3.5 b.]. B. Officers wearing his/her uniform off-duty are a representative of the Department. As such, the member shall avoid non -police related job duties that would tend to detract from the professional image of the Fayetteville Police Department. Officers must conduct themselves at all times in a manner consistent with public respect for the uniform of the Department [CALEA 22.3.5 b.]. C. Arrests made while engaging in secondary employment, will be turned over to the on -duty patrol shift for transport. The extra -duty or off-duty officer shall complete all necessary and required reports detailing the facts of the case. D. All sworn personnel working secondary employment are required to take enforcement action, within the jurisdiction of the Department, in an emergency. Under no circumstances shall an officer refuse a request due to being "off-duty" [CALEA 22.3.5 b.]. E. All sworn personnel who are working an approved secondary employment job and engage in the duties of a law enforcement officer, as defined by Arkansas Statute 12-9-102, shall be considered "on -duty" and shall be compensated by the City of Fayetteville. F. The secondary employer will not be allowed to compensate sworn personnel for any time the employee was paid by the City of Fayetteville. It is the responsibility of the sworn employee to reconcile their work time through the City's timekeeping software and their secondary employer. 22.3 Secondary Employment Page 3 of 3 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 1.3.6 Oic involved Shooting I Effective Date: Reference: FPD 1. .1, GO 21 Version: 1 GALEA: No. Pages: 9 I. PURPOSE The intent of this policy is to establish procedures for the response and investigation of officer -involved shootings, on duty or off duty, and to ensure that such incidents be investigated in a thorough, fair and impartial manner. II. DISCUSSION It is important employees know Policy will outline the steps to t An officer fires hisq b An officer fires hi:{II An officer firing his/her termination of a criticall III. DEFINITIONS ,hat to expect before a shooting occurs. This taken when: weapon at any person; or weapon and strikes any person. training, practice, or for the humane animal is not applicable to this policy. Deadly Force: D3�&Ily force is force whi h may cause death or grave injury or which creates s me specified degree of ri4 that a reasonable and prudent person would onsider likely to cause deaf 'or grave injury. Reasonab Belief: Reasonable belief is fact o circumstances an officer knows, should know, are such as to cause an �dinary and prudent person to act or ink in a similar way under similar circum antes. O cer-Involved Shooting: For the purpose of this policy, an officer -involved shooting is defined as any shooting where an officer fires his/her weapon at any person, or an officer fares his/her weapon and strikes any person. This includes officer -involved shootings on -duty, off-duty, and the unintentional discharge of a firearm resulting in injury to another person. InternaUOffice of Professional Standards (OPS) Investigation: An investigation conducted to evaluate adherence to department policies, procedures, and rules. 1.3.6 Officer Involved Shooting 1 of 8 Shooting team: Investigators assigned by the Chief of Police or his designee to conduct an internal investigation into the events of an officer -involved shooting. Criminal Investigation: A criminal investigation is an investigation conducted by Fayetteville Police Department investigators and/or investigators from an outside agency. The purpose of the criminal investigation is to determine if any laws were violated by employees and/or other involved subjects. ;tical Stress Debriefing: Critical stress debriefing is a benefit provided to Fa etteville Police Departynent employees who are directly involved in criti I incidents that may lead to stress beyond the scope of daily calls for servic Employee Assistance Progranl: The City of Fayetteville Employee Assistance Program is a benefit provided to City of Fayet ville employees that allows employees and/or their family members to receive counseling sessions. IV. POLICY The Fayetteville Police Departnt recognizes officer -involved shootings involve serious decisions and ctions, and shooting incidents deserve immediate and objective review. Incidents shall be critically examined in order to protect both the interests of the public and involved employees. The Fayetteville Policebepartment is responsible for the completion of criminal and internal,i vestigations related to officer -involved shootings within their jurisdiction; however, this responsibility will be relinquished in criminal investigations to another agency in most situations involving injury or deatlY' V. PROCEDU A. Cdine Scene F'qf the purpose of this policy, the below listed stTs shall be taken after the nnie scene has been secured and there is no longe an immediate threat to officer safety. The Fayetteville Police Department recognizes that an officer who has been involved in a shooting may have memory loss and other physiological reactions caused by the shooting incident. For that reason, the following listed procedures shall be followed: 1. Digital Mobile Video Recorders (DMVR) and/or body wom cameras shall not be turned off by any officer until he/she has been instructed to do so by a supervisor, or until the officer leaves the scene(s) of the incident. Supervisors 1.3.6 Officer Involved Shooting 2 of 8 should make exceptions for officers having private conversations with their legal representatives and/or family members. 2. Immediately after the scene has been determined to be safe, officers shall provide first aid to the extent possible to any p rson who has been injured [CA4A 1.3.5]. 3. Officer all advise Central Dispatch Cente (CDC) to request an ambulance to treat a ne who is in need of medical ca e. 4. The officer shall request an on -duty sup rvisor respond to officer -involved shooting scenXsoa 5. The officer(s)ene of a shootin shall secure the crime scene to the extent possiblf to destroy an evidence that may be of importance to the investigati 6. An on -duty supervisor and ensure: a. All medical needs have bi b. The crime scene has been c. The Chief of Police shall immediately; respond to the scene of the shooting equately secured; notified through the chain of command d. Additional personnel or resources have been requested through CDC, and; e. CDC has contacted th Public Information Officer to respond to the scene to manage media ing0iries. 7. The first responding on -deity supervisor shalNnaintain control of the shooting scene until he/she is relieved of that duty by ap �opriate personnel. The supervisor in charge of the scene shall cause a sh ting scene log to be kept documenting any ao all individuals entering the sc ne. 8. The on -duty supervisor shall specifically ask each offir at the scene of a shooting if they have been injured. Any injuries shall be ocumented and photographed, and the supervisor shall ensure injured officers receive medical treatment. The On -duty supervisor shall ensure appropriate worker's compensation paperwork is completed. 9. The officer(s) involved in the shooting who fires his/her weapon shall give a brief account to the first responding supervisor of the sequence of events. This shall include the nature of the initial call or encounter, the number of subjects and/or witnesses who were involved, and any information the officer feels is critical for the initial report, investigation, or public safety. 1.3.6 Officer Involved Shooting 3 of 8 10. The officer's supervisor at the time of the incident will be responsible for ensuring that personnel involved in the shooting file reports in a timely manner [CALEA 1.3.6a]. 11. All officers involved in the incident, regardless if they fired their weapon, shall return to the police department as soon as released by a supervisor. When necessary, officers will be driven from the scene to the police department. ' B. Upon Return to the Police Department 1. Offic s who were involved in the shooting shall be given tiznc to contact family embers, legal representatives, pastors, peers, and/or ether support personnel he officer deems necessary. ?. The involved fficer(s) who fired his/her weapon shal not be isolated. A neutral peer or pervisor shall be assigned to acco any and support the officer until the o icer has been released to leave e department. The support officer sha not question the involved o icer about the shooting. 3. In a private setting at t e police department, supervisor shall retrieve the involved officer's fired eapon for invest' ation and immediately exchange it with a replacement hand if along n was fired, it shall be at the discretion of the Chief of Po or hi designee, if the long gun is to be replaced, dependent on the avaRabili of weapons. 4. The immediate supervisor shallct discharged firearms and maintain strict custody of the firearms until re aced the criminal investigation team or submitted to the Property and/Evidence 'vision. Appropriate paperwork will be completed to document t e exchange. 5. All officers who were present at the scene of a Aooting shall have their, weapons inspected, photographed and documente to verify shots were or were not fired. This shall be done in a private settiN at the police department by a supervisor or e criminal investigators. 6. As soon as pons. le following a shooting, the shooting team shall inform the involved offtc (s) of the administrative and investigativeprocess that will follow. The fficer shall be given a point of contact at the police department so that an questions or concerns the officer has can be addressed. 7. When the involved officer is released by the shooting team to go home, he/she will be provided transportation as needed. The officer(s) shall be kept informed of the status of the internal and criminal investigations as is practicable. 1.3.6 Officer Involved Shooting 4 of 8 C. Internal Investigation 1. The Chief of Police or his designee will select members for a shooting team immediately following an officer -involved shooting. The shooting team shall answer directly to the Chief of Police. 2. The shooting team's internal investigation shall focus on Fayetteville Police Department p icies, procedures and rules. This investigation will be separate from the indepe ent criminal investigation. 3. All internal shootNg team investigations shall be conducted in a thorough and efficient inanneX. Shooting team investigations shall take priority over other assignments ank shall be completed as timely as possible. 4. All employees shall coo r rate with the shootin eam, and no employee shall interfere in any way itli the investigate . 5. The officer involved in the sNoing will given a chance to recover from the traumatic event before / sli ill be required to give a formal interview with the shooting team. a. The involved officer(s) shall e forded the opportunity to have legal representation present durlince al interviews conducted by the shooting team. b. Prior to an internal inv tigation inte iew, the officer/s shall be afforded the review o his/her Garrity'Varning. c. All int/the al e audio recorded. d. The iner(s) will be compensated for time spent participa internal and criminal investigation. e. If an oses to answer questions during an internal investishe will be given a direct order to answer the questioofficer refuses, he/she will face discipline up to and includiation. 6. An em ogee's compelled statements made during an internal invest gation shall not be used against that employee in any criminal inve ip,ation. 7. Once the internal investigation is complete, it shall be submitted to reviewed by the head of the Office of Professional Standards (OPS). The investigation findings shall then be delivered to the Chief of Police. The Chief of Police shall determine what actions are to be taken. D. Criminal Investigation 1.3.6 Officer Involved Shooting 5 of 8 1. When an officer fires his/her weapon, the Chief of Police may request an independent criminal investigation by an outside police agency to determine if any law was broken by the officer(s) and/or the other involved subject(s). It shall be the Chief of Police or his designee's discretion as to which, if any, outside agency shall be utilized. 2. The Chief of Police or his designee shall notify the Washington County Prosecuting Attorney about the shooting as soon as possible to allow the prosecutor the opportunity to visit and examine the crime scene. 3. The criminal investigators shall have priority to the crime scene, and they will allow the shooting team access once critical evidens been identifiec�nd preserved. ,E 4. During crimi al investigation interviews of policed artment personnel, all constitutio 1 guarantees shall be afforded top onnel as would be afforded to any itizen. 5. When circumstanc. dictate the criminal inv tigation is to be conducted by the Fayetteville ice Department Cri' al Investigation Division, the supervisor in charge o the investigation Oal l keep the Chief of Police or his designee informed o X the progress ofAhe investigation. a.. When the inv/aon n' has cone ded, the Chief of Police shall review the findings. b. After a reviewin�n , the Chief of Police shall direct the supervisor in f the ' vestigation to forward the case file to the Washington Cro cutting Attorney's Office for review. C. The criminal i'on shall of be considered complete and/or closed until thgation and ndings have been reviewed by the prosecutor. d. It is recognizeosecutor ma\been additional interviews or investigation, efore the criestigation shall not be released to a yone other than the and/or Fayetteville City Attorney, ii it the investigation hviewed and is officially complet and closed. E. Administra � e Leave It sliall be the policy of the Fayetteville Police Department that any of/icer who fires his/her weapon at any person, or who fs's his/her weapon and strikes any person, shall be removed from line" -duty assignment [CALEA 1.3.8] and placed on paid administrative leave. The Chief of Police is the ultimate authority and may deem it necessary to place other employees on paid administrative leave. 1.3.6 Officer Involved Shooting 6 of 8 2. Paid administrative leave is a matter of policy, and should not be interpreted to imply or indicate the officer(s) has acted properly or improperly. Administrative leave is not a disciplinary action. 3. At all times while on administrative leave, the officer(s) shall remain available to investigators. 4. The Chief of ce .the ultimate authority who shall decide when an officer is to rata to work and in what capacity. 5. An officer who has b en on leave pursuant to this policy all qualify with his/her duty weapon(,, prior to returning to his/her re ar duty assignment. F. Return of Weapons The examination and testingf =rss y take several weeks and/or months to complete. When an eapon is returned to the police department, and it is no longer 4edeoy the Washington County or Fayetteville City Prosecutor, ther arm shall be inspected by a certified armorer to determine if the wean is safe to reissue. G. Employee Assistance 1. When an officer is inv ed in a s Fayetteville Police D partment to but not limited to, ritical stress d+ /follow d cou elor, chaplain, medical Poli shall be responsible for sal r s debriefing. Critical stress de in the first seventy-two hours foll 2e mandatory for officers who disc r who has been shot, to attend the w the treatment plan given. it shall be the policy of the services to the officer, including involving a professionally d ctor, and/or peer group. The ctine who is to be used for the g should normally be the incident. their weapon at any pyee Assistance Program 3. The Chief of Policc may choose to refer employees'to an alternate mental healthcare professional who specializes in counseling for law enforcement personnel in place of the Employee Assistance Program. 4. An employee who was present during a shooting, but did not fire his/her weapon, or at whom a weapon was fired, shall be offered the option of the Employee Assistance Program. 1.3.6 Officer Involved Shooting 7 of 8 5. An officer(s) involved in a shooting shall be given adequate time from work deemed necessary by the employee and the Chief of Police. 6. The Chief of Police has the discretion to require an employee to participate in an independent fitness for duty evaluation. If the Chief of Police determines there is a question about an employee's fitness for duty, the evaluation will not be conducted by any healthcare professional that provided post -shooting intervention and/or counseling. H. Employee Inj 1. All police dep rtment employees shall comple/e a Line of Duty Death/Serious jury Personal Information Sheet (LODD form) annually. 2. The Adrninistrat ve Captain will distribute;LODD forms for completion and revision annu Iy. 3. Completed LODD nns shall be maintained in each employee's administrative file at a police department. 4. Inmost cases, notificat' n shall be made by a member of the department's administration with assis ce of the department's chaplain anytime there is an on -duty employee de , serious injury or serious illness. Depending on the situation, a member o the,,department's administration may assign or allow another sworn memo , of the department to make the notification or accompany during the notifi tion (FPD GO 21). Every effort will be made to honor the employee's wi es, based on his/her completed LODD form. 5. Fayetteville Police Department empl ees are absolutely forbidden to release information copcprning an employee's line of duty injury or death, unless given expresssion to do so by the Chief of Police. I. Social Media 1. Social media p tings by police department employees of any kind concerning F etteville police officer involved shootings are absolutely forbidden, u ess given express permission to do so by the Chief of Police. 1.3.6 Officer Involved Shooting 8 of 8