50 THIS IS THE AUTOMATIC MAIN CHAPTER # WHICH IS NOT PRINTED
50.1 THIS IS THE AUTOMATIC SUB-CHAPTER # WHICH IS NOT PRINTED
THE CODIFIED # MUST BE SET MANUALLY AFTER FORMATTING THE MASTER DOCUMENT
DELAND POLICE DEPARTMENT
Chief William E. Ridgway
Departmental Rules and Regulations
1.8-1
TITLE: INVESTIGATIONS, ARRESTS, & DETENTIONS
CODIFIED: / 1.8CFA STD: / N/A
DATE OF ISSUE: / 01.01.08
EFFECTIVE DATE: / 01.01.08
RESCINDS/
AMENDS: / 03.01.04
PAGES: / 5
PURPOSE
The purpose of the Rules and Regulations Section is to provide members with a standing plan that designates specific required action. A rule indicates what a member should or should not do and allows little room for interpretation.
INVESTIGATIONS
1.8.1 Investigations at the scene of any crime, traffic crash or other police incident, i.e., death investigation, missing person, etc., shall be conducted in accordance with departmental procedures.
ARRESTS
1.8.2 A person shall not be arrested or detained except as provided by law.
1.8.3 Officers shall not use any more force than is necessary to effect an arrest or take a person into police custody, i.e., Baker Act, missing person, etc.
1.8.4 All prisoners shall be treated humanely and with regard to their legal rights.
1.8.5 Officers shall make a complete, thorough search of the persons arrested and of the area within their immediate reach.
1.8.6 Arrests shall be made in accordance with current departmental directives.
REPORTING CRIMINAL INFORMATION
1.8.7 Members and employees shall report to their immediate supervisor/manager, in writing, prior to the end of their current tour of duty:
· All information of criminal activity or suspected criminal activity that comes to their attention.
· Any report, documentation and/or relevant information given to an outside police agency relating to criminal activity or suspected criminal activity that occurs outside this department's jurisdiction.
· All self-initiated investigations on or off-duty of any nature must receive prior approval by competent authority.
1.8.8 Off-duty members or employees shall make their written report no later than their next tour of duty; an immediate verbal report shall be made of serious incidents.
TRANSPORTING PRISONERS
1.8.9 Arresting officers or reserves shall, without unnecessary delay, transport their prisoners to the appropriate detention facilities and shall not permit their prisoners any special privileges nor shall they accompany prisoners to their residence without proper authorization from their immediate supervisor.
1.8.10 Except when authorized by competent authority, all prisoners will be handcuffed and transported in either a marked patrol unit or the Department’s jail van. If available, seat belts will be worn by individuals being transported in any department vehicle.
RESISITNG ARREST CHARGES
1.8.11 When resistance, obstruction or opposition is encountered by members of the department in the lawful execution of their duties and restraining measures or other force is employed in overcoming such resistance, arresting officers shall place the additional charge of "resisting arrest" upon such arrestee.
1.8.12 Whenever a member of the department has occasion to place the charge of "resisting arrest" against any person, they shall immediately file a written report of the incident.
1.8.13 Resisting arrest charges shall be disposed of by judicial process only.
IDENTIFICATION AS A POLICE OFFICER
1.8.14 Except when impractical or unfeasible, or where the identity is obvious, officers shall identify themselves by displaying their official photo identification card and badge before taking any police action.
FALSE REPORT AND BOOKINGS
1.8.15 No member or employee shall knowingly falsify any official report or enter or cause to be entered any inaccurate, false, or improper information on any document, used and/or maintained by this department.
SECURITY OF DEPARTMENT BUSINESS
1.8.16 Members and employees should be familiar with F.S.S. 119, Public Records Law, as it relates to the release and/or dissemination of information, i.e., active criminal investigations, confidential informants, criminal history information, employee complaints, personnel information, etc., regulated by this law.
1.8.17 If any member or employee is uncertain or unsure whether such information should be released, they shall contact their immediate supervisor before the release of such information.
COMPROMISING CRIMINAL AND ADMINISTRATIVE CASES
1.8.18 Members and employees shall not:
· Interfere with the service of lawful process.
· Interfere with the attendance or testimony of witnesses through coercion, bribery, or other means.
· Attempt to have any traffic or parking citation or notice to appear reduced, voided, or stricken from the calendar, except as provided by law or by written departmental directive. In the event that a parking ticket is issued in error, a Lieutenant or higher shall have the authority to void the parking ticket. (Note: i.e., Handicap Parking Ticket)
· Take any other action which will interfere with the efficiency or integrity of the administration of criminal and administrative cases.
· Having knowledge of such interference, fail to inform their supervisor/manager.
RECOMMNEDING ATTORNEYS AND BAIL BONDSMEN PROHIBITED
1.8.19 Members and employees shall not suggest, recommend, advise, or otherwise counsel the retention of any specific attorney or bail bond broker to any person coming to their attention as a result of police business.
1.8.20 This does not apply when a relative of the member seeks such service.
1.8.21 In no case may such advice be given where a fee, gratuity, or reward is solicited, offered, or accepted from the attorney or bail bondsman.
ACTING AS BONDSMAN PROHIBITED
1.8.22 Members and employees cannot act as bondsmen for any person in custody except relatives, and in no case where any fee, gratuity, or reward is solicited, offered, or accepted as a consideration for such action.
DISMISSAL OF CHARGES BY OFFICERS
1.8.23 Members shall not be permitted to dismiss charges against arrested persons unless there is sufficient documentation and then only with the knowledge and consent of their immediate supervisor.
RELEASING ARRESTED PERSONS WITHOUT BAIL
1.8.24 Only a Judge of the County or Circuit Court may authorize the release without bail of persons arrested and booked for violations of the Code of the City of DeLand, or Florida Statutes, except persons released on a Notice to Appear.
DRAFTED: PCG—04/2003
REVISED: PCG—02/2004
REVISED: JFA—01/2008
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