Professional Documents
Culture Documents
Charlottesville Police General Orders, 2023
Charlottesville Police General Orders, 2023
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.
The role of a police officer is critical in protecting the constitutional rights of all citizens,
ensuring the safety and well-being of the community, preserving peace, and exemplifying
civic leadership. In order to accomplish such an important responsibility police officers
must be carefully selected, well trained, well equipped, carefully supervised, supported
by the community they serve, and held accountable for the critical tasks that they are
entrusted to perform.
GO 100.00 – Preamble 1
Rev: 06/20/2019
• We commit to transparency in our citizen complaint process, our detention
reporting practices, our response to resistance, vehicle pursuit incidents, and the
policies and procedures that guide the tasks that we perform.
• We commit to a strategic effort to increase minority representation within the
police department’s ranks, and partnering with the community and its many
resources to accomplish this task.
• We commit to ensuring that our officers receive the finest available training with
regard to best practices in policing, to include training in Cultural Awareness,
Strategies for dealing with youth, Crisis Intervention, Constitutional Law, Citizen
Engagement, Community Policing, officer and citizen safety, and other topics that
from time to time arise and will bring value to both our department and our
community.
• We commit to the balanced, thoughtful acquisition and constitutionally based use
of any and all tactical equipment that is in the possession of the Charlottesville
Police Department, and further commit to the implementation of and adherence to
strict policies and procedures that govern such use.
• We commit to “Service Beyond the Call.”
GO 100.00 – Preamble 2
Rev: 06/20/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.
I. POLICY
II. PURPOSE
This directive establishes the Manual of the Charlottesville Police Department, states its
authority, and standardizes terms used therein.
III. DEFINITIONS
A. Gender – the word “he” or any other word importing the masculine gender shall
extend and be applied to females as well as males.
B. Policy - A policy is a statement of the Department’s philosophy on a given issue.
A policy consists of principles, values, rules and regulations that guide the
performance of Department employees. Only the Chief of police determines
Department policy.
C. Procedures - A procedure defines a method of performing an operation or the
manner of proceeding on a course of action. It differs from policy in that it directs
action in a particular situation to perform a specific task within the guidelines of
policy. Procedure is synonymous with Standard Operating Procedure and may be
abbreviated by the use of the acronym SOP. It is the responsibility of Department
supervisors and superior officers to maintain the Department’s standard operating
procedure. A collection of Department standard operating procedures are embodied
in this Manual.
D. General Orders - General Orders contain the policies, procedures, rules/regulations
and guidelines of the Department. General Order Numbers originate from, and are
GO 180.10 – Organization of Department Directives 1
Revised: 11/14/2019
recorded by the Accreditation Manager. General Orders will only be issued by the
Chief of Police.
E. Memoranda - Memoranda are not part of this Manual. There are two types of
memoranda:
1. General Memoranda - provides useful, specific information to officers not
amounting to a formal order. Department members, commanders and City
departments may issue this type of memorandum.
2. Instructive Memoranda - when issued to all personnel constitutes directives
that affect specific behavior for a specific event or period of time, and are usually
self-canceling. The Chief of Police, Division Captains and Commanding Officers
may only issue this type of memoranda.
F. Terminology - within the context of any directive the use of the word:
1. “shall” or “will” requires an action that is mandatory and unequivocal
2. “should” expresses an obligation or necessity
3. “may” or “can” indicates an action or behavior that is optional
IV. PROCEDURE
A. Distribution of the Manual
1. The Accreditation and Compliance Officer will publish the Department
Manual on the City of Charlottesville Sharepoint site. All members of the
police department will have access to the on-line Department Manual and are
encouraged to print hard copies of General Orders for their convenience. The
Accreditation and Compliance Officer shall maintain the master
manual in the Accreditation Office.
E. Amendment Procedure
1. All amendments shall be submitted in writing with justification to the Chief of
Police or their appointed designee through official channels. Supervisors and
superior officers may review the recommendation and comment appropriately.
2. If the amendment receives preliminary approval by the Chief of Police or their
appointed designee it will be forwarded to the Accreditation and Compliance
Officer for any research needed and drafted into the proper format. The draft
GO 180.10 – Organization of Department Directives 2
Revised: 11/14/2019
amendment shall then be sent to the Chief of Police or their appointed designee
for review and recommendation and returned to the Accreditation and
Compliance Officer with the recommendations appropriately recorded. In some
cases the Chief of Police may direct the Accreditation and Compliance Officer to
consult with the City Attorney’s office before publishing changes to an existing
policy or approval of a new policy. This is done to ensure the Charlottesville
Police Departments policies and procedures are within full compliance of Federal,
State, and local laws and ordinances.
3. The Accreditation and Compliance Officer shall be responsible for the final
preparation and distribution of all approved General Orders.
4. The Chief of Police or their appointed designee through channels, will notify a
member if their proposed amendment is not approved.
F. Revisions and directives shall be disseminated as follows:
1. Copies of new or revised directives will be posted to the department’s
Sharepoint site and distributed via email notification.
2. Members shall read the new or revised order and are encouraged to print out a
hard copy to their local printer for their convenience.
3. The Accreditation and Compliance Officer shall provide copies of the new or
revised orders to each employee via email distribution and by adding them to the
Departments Sharepoint site. Division Commanders shall ensure that those under
their command are briefed on the contents of the order.
G. Review of General Orders
1. The Accreditation and Compliance Officer should review, maintain and revise
the agencies directives as needed. The purpose of the review is to determine if the
directives should be canceled, revised or continued in their present form. Those
directives that have been reviewed, but not changed, should have a date of review
noted in the master copy of the Manual. A hard copy of the original policies and
procedures will be maintained in the office of the Accreditation and Compliance
Officer.
I. POLICY
The development and implementation of Command Standard Operating Procedure,
henceforth referred to as SOP, by various functioning component parts of the Department
is authorized with the understanding that such SOP shall always be subordinate to the
Department Manual. Command Standard Operating Procedure will be considered as
instruction for specific command task performance and will not be supplemental to the
Department Manual.
II. PURPOSE
The purpose of this directive is to allow the various functioning component commands of
the Department to establish Command Standard Operating Procedures that are specific to
their particular Command activity, function or mission.
III. DEFINITIONS
A. Standard Operating Procedure (SOP) - established or prescribed methods to be
routinely followed by Command personnel for the performance of designated
operations or in designated situations within their specific command.
B. Command Standard Operating Procedure Manual - contains Command directives that
establish and/or prescribe instructions to be routinely followed by individuals who are
specifically responsible for the performance of designated Command tasks.
IV. PROCEDURE
Component Commanders will initiate appropriate SOP for their Command and maintain
a Command SOP Manual.
A. The Command SOP Manual shall be written in accordance with the Standard
Operation Procedures Format directive in the Department Manual (Section 180.20.)
I. POLICY
All Command Standard Operating Procedure directives developed and implemented in
the Department shall be published in accordance with policy and written in the standard
prescribed format.
II. PURPOSE
The purpose of this directive is to standardize the format and placement in which drafted,
published and located with all Department Commands. The Department wide
standardization is necessary to ensure that all directives provide clear, concise procedural
instructions and that they can be easily identified and found within Department
Commands.
III. PROCEDURE
A. All SOP will be published on standard 8 1/2 X 11 inch white bond paper. The first
page or cover sheet shall be on the Department Command Directive form. The
preparation of the directive shall be as follows:
1. A size 12 pica, Times New Roman font style will be used to prepare the
document;
2. the required information shall be entered on the form “drop screen” that is
initially present when accessing the Command Directive form on Microsoft
Word File;
3. the Command shall be entered in capitals onto the form drop screen;
4. the subject of the directive shall be entered in capital letters and will contain
the topic that the directive is written on;
5. the effective date is the date the directive is approved. All dates shall be
entered month, day, year, e.g., 1/20/99, January 20, 1999; and
6. the Command Memorandum or Order Numbers shall be recorded
chronologically with the year of issuance added, e.g. (1-99, 2-99, etc.). If
C. Outline Form
1. The initial form drop screen will ask if a policy topic or definition topic is
requested. Although, a definition area may sometimes be needed on
command directives, a policy area should not be used.
2. The “purpose” of the directive should be written as the clear intent of the
command directive.
3. The “procedure” sections of the directive lists the tasks to be performed and
breaks that task into easily understood components.
4. An outline format, similar to that found on Department General Orders, shall
be used when writing the narrative section of the directive.
I. POLICY
It shall be the policy of the Charlottesville Police Department to have formal procedures
for the development, revision, use, and maintenance of official police department forms.
II. PURPOSE
To establish the policies and procedures for revising current report forms, developing
new report forms, and controlling the use of report forms.
III. PROCEDURES
a. All new and/or revised report forms must be reviewed and approved
by the Chief of Police or their designee.
B. FORMS MANAGEMENT
1. Responsibility
ii. The FCN and revision date will be placed in footer in the
bottom center of each page.
c. Forms that are created and ordered from printing companies will be
ordered, stored, and distributed by the Administration Quartermaster
or their designee.
I. POLICY
The scope of the police function is defined by its goals. As a result, the police function
must be broadly interpreted to include many tasks other than the enforcement of laws.
The goals of the Charlottesville Police Department and each employee thereof includes
the protection of life, individual liberties and personal property; the preservation of
peace; the prevention of crime and disorder; the detection and arrest of violators of the
law; and the enforcement of federal and state laws and city ordinances within
Departmental jurisdiction.
Department goals and objectives shall be reviewed on an annual basis and, if updated,
will be made available to all agency personnel.
II. PURPOSE
This directive sets forth a general statement of Department goals and defines its
objectives to guide Charlottesville Police Department employees in their law enforcement
activities.
III. DEFINITIONS
Gender—the word “he,” or any other word importing the masculine gender, shall extend
and be applied to females as well as males.
• We believe that crime is not only a police problem but a social problem impacting
all aspects of the community and we are committed to working with the
community to address these issues.
5. Maintenance of Order
Another broadly interpreted function of the police might best be defined as that of
a manager of social order; a definition which may include such activities as
preventing or arbitrating neighborhood disputes and family arguments, providing
traffic escorts and direction, assisting ill or injured persons in need of emergency
help, etc.
c. Patrol Members
The key to the prevention of street crime is aggressive, preventive
patrol. To this end, officers are encouraged to make frequent contact
with persons in their sectors, to utilize information provided at roll call,
and maintain an awareness of known criminals and their activities.
d. Knowledge of Area
It is essential that patrol officers know the physical characteristics of
their areas of responsibility as well as the current crime problems in
those areas. Additionally, they should become acquainted with
residents and business people within the districts, to get to know their
habits and idiosyncrasies and to investigate any unusual conduct.
Effective patrol officers should be skilled in the detection of criminal
activities and eager to conduct their own investigations and then relay
information to others within the Department.
e. Preventive Action
Patrol officers should be conscious of and alert for conditions which
are conducive to crime, and should take the necessary preventive
measures whether this be advising a store keeper of crime hazards,
mediating a family dispute which could escalate into an assault or
homicide, or getting an intoxicated person off the street.
I. POLICY
The Charlottesville Police Department is authorized and governed by the City of
Charlottesville Charter, codified through ordinances of March 15, 1999 (Supplement #17,
Update #1) in Article I, Section 2-3, (1) and Section 14, Number 20 and the Code of
Virginia as defined in 15.2-1700, 15.2-1701, 15.2-1704 and other relevant sections.
II. PURPOSE
The purpose of this policy is to state the source of authority for this Department.
III. PROCEDURE
A. The authority vested in the Department by the City Charter and the Code of Virginia
shall be recognized and followed.
1. The Police Department is defined by Section 2.3, (1) and Section 14, Number 20
as follows:
a. Section 2-3, (1)
The official safety program of the city shall be carried into effect by the
following organizations, officers or departments, which are hereby recognized
as an integral part of the official safety program for the purposes of the
Virginia Line of Duty Act:
(1) The police department and all of its sworn personnel.
b. Section 14 Number 20 – Additional and incidental powers; jurisdiction
beyond corporate limits.
To pass all bylaws, rules and ordinances, not repugnant to the constitution and
laws of the state, which they may deem necessary for the good order and
government of the city, the management of its property, the conduct of its
affairs, the peace, comfort, convenience, order, morals, health, and protection
The police force of a locality is hereby invested with all the power and authority
which formerly belonged to the office of constable at common law and is
responsible for the prevention and detection of crime, the apprehension of
criminals, the safeguard of life and property, the preservation of peace and the
enforcement of state and local laws, regulations, and ordinances.
A police officer has no authority in civil matters, except (i) to execute and serve
temporary detention and emergency custody orders and any other powers granted
to law-enforcement officers in § 16.1-340, 16.1-340.1, 37.2-808, or 37.2-809, (ii)
to serve an order of protection pursuant to §§ 16.1-253.1, 16.1-253.4, and 16.1-
279.1, (iii) to execute all warrants or summons as may be placed in his hands by
any magistrate serving the locality and to make due return thereof, and (iv) to
deliver, serve, execute, and enforce orders of isolation and quarantine issued
pursuant to §§ 32.1-48.09, 32.1-48.012, and 32.1-48.014 and to deliver, serve,
execute, and enforce an emergency custody order issued pursuant to § 32.1-48.02.
A town police officer, after receiving training under subdivision 8 of § 9.1-102,
may, with the concurrence of the local sheriff, also serve civil papers, and make
return thereof, only when the town is the plaintiff and the defendant can be found
within the corporate limits of the town.
I. POLICY
II. PURPOSE
The purpose of this directive is to define responsibilities and functions of the Department
supervisors and superior officers, and to clarify the chain of command within the agency.
The information and structure described provides a means for planning the police task,
for executing it, and for ensuring that the desired results are obtained. The enumerated
duties and responsibilities of each rank are general in nature. To totally delineate each
position is not feasible.
III. PROCEDURE
A. CHIEF OF POLICE
1. Selection
The Chief of police is appointed by, and directly responsible to, the City Manager.
1. General Powers and Duties of the Chief of Police (City Code Ch. 20, Sec. 20-3)
a. The Chief of Police shall be the chief executive of the police
department, but shall always be subject to the orders and regulations of the
city manager and the city council. They shall be under the control of the
city manager and the city council for the purpose of enforcing peace and
order and executing the laws of the state and ordinances of the city. It
shall be the duty of the police force to respect and obey the orders of the
chief not in conflict with this chapter.
B. EXECUTIVE STAFF
The Department’s Executive Staff consists of the Chief of Police, and the Division
Commanders. The Department’s Executive Staff personnel assists the Chief of Police
by recommending Department policy and ensures that all component parts of the
Department coordinate their activities in order to promote a greater efficiency in
accomplishing the objectives of the Department.
C. COMMAND STAFF
The Departments Command Staff consists of the Chief of Police, Division
Commanders, and Lieutenants. The Departments Command Staff personnel assists
D. COMMANDING OFFICERS
1. Commanding Officers may consist of a Captain, a Lieutenant, Sergeant or
their designees. Subject to direction from a higher command, a commanding
officer has direct control over all employees within their command.
2. Responsibilities of Commanding Officers:
It shall be the responsibility of all Commanding Officers to ensure that the
mission, vision and values of the Department are advanced. Additionally, the
Commanding Officers are responsible for the implementation and monitoring
of the Department’s Strategic Plan and ensures that subordinate members
under their control are familiar with the plan’s goals and objectives.
Furthermore, the Commanding Officers shall ensure that every member of the
public and Department are treated with the utmost dignity, respect, and
professionalism.
In addition to the general and individual responsibilities of all employees, a
commanding officer is responsible for:
a. directing and controlling personnel under their command to assure the
proper performance of duties and adherence to rules, regulations, policies
and procedures and providing for continuation of command and/or
supervision in their absence;
b. developing and maintaining high morale and loyalty to the Department
and the promotion of harmony and cooperation with other divisions,
bureaus, units and sections of the Department; and
c. maintaining discipline within their command and investigating certain
complaints assigned to them by the Professional Standards Unit regarding
personnel within or under their command.
F. DIVISION COMMANDERS
It shall be the responsibility of the Division Commanders to ensure that the
mission, vision, and values of the Department are advanced. Additionally, the
Division Commanders are responsible for the implementation and monitoring of
the Department’s Strategic Plan and ensures that subordinate members under their
control are familiar with the plan’s goals and objectives.
Furthermore, the Division Commanders shall ensure that every member of the
public and Department are treated with the utmost dignity, respect, and
professionalism.
1. The Division Commanders shall:
a. Hold the rank of Captain;
b. be the commanding officers of the Field Operations Division,
Criminal Investigation’s Division, Support Operation’s Division, and the
Administration Division;
c. report directly to the Chief of Police; and
d. shall be designated as part of the Chief’s Executive Staff.
2. The Division Commander or their designee shall supervise and be responsible
for all police functions and designated responsibilities assigned or implied to their
appropriate Division.
3. Duties of the Division Commander
a. Directs and supervises the activities of all personnel in the Division;
b. plans and organizes the activities and operations of their Division;
c. determines the training needs of personnel within the Division and
recommends training needs to the Department’s Training Officer that
helps to enable the Department to accomplish its stated objectives;
d. establishes and maintains liaison with other divisions, law enforcement
agencies, the courts, social service agencies, other City departments, etc.;
e. keeps the Chief of Police and the Department’s Executive Staff
informed on problems faced by officers in the field and nature of crime
problems in the City; and
f. assist the Chief of Police in the day-to-day operations of the
Department and may be designated by the Chief of Police as the Acting
I. SUPERVISORY OFFICERS
It shall be the responsibility of the Supervisory Officers to ensure that the mission,
vision and values of the Department are advanced. Additionally, the Supervisory
Officers are responsible for the implementation and monitoring of the
Department’s Strategic Plan and ensures that subordinate members under their
control are familiar with the plan’s goals and objectives.
Furthermore, the Supervisory Officers shall ensure that every member of the public
and Department are treated with the utmost dignity, respect and professionalism.
1. Duties of a Sergeant
2. DETECTIVE SERGEANT
a. Supervise and direct the activities of detectives;
b. review reports to determine that proper procedures and investigations
are being followed;
c. render assistance to other departments and follows up on case
assignments;
d. determine and recommend/implement in-service training needs for the
Investigation Bureau personnel and recommend training for members of
patrol;
e. assist in establishing procedures, policies and priorities;
f. maintains good relations with the community and is involved in crime
prevention efforts;
g. compiles and coordinates data relating to arrests and contacts for
Department and court use; and
h. investigates cases of police misconduct as assigned by Professional
Standards Unit.
I. PURPOSE
The purpose of this General Order is to specify the personnel staffing of the
Department, to provide proper and efficient coverage and informed and
professional services to the public while fulfilling the Department’s mission,
goals and objectives.
II. POLICY
It shall be the policy of the Charlottesville Police Department to provide police
protection and service to the City of Charlottesville twenty-four hours a day. The
Field Operations Division shall have primary responsibility for such twenty-four
hour police coverage. Police Department personnel will be assigned to meet
staffing levels necessary to achieve Department goals and objectives. An effort
will be made to accommodate individual officer’s requests, however the primary
objective will be the accomplishment of the Department’s mission.
III. PROCEDURE
A. Field Operations Division
1. Assignment to Division/Bureau/Section/Unit/Sector
a. The Field Operations Division shall consist of patrol officers,
supervisors, animal control officer, and telephone Reporting Unit.
The number of which shall be determined by the Chief of Police.
The Field Operations Division Commander shall maintain the man
power of the Division among the various shifts in such a manner as
to provide adequate police patrol coverage throughout the City on
a twenty-four hour basis.
b. Officers who are in field training will be assigned to the Patrol
Bureau of the Field Operations Division unless otherwise dictated
by the Chief of Police.
F. Late Openings and Office Closures Due to Inclement Weather and Holidays
1. Hold Over
a. When a personnel shortage is known to exist for a shift, which
is about to begin duty, an on duty supervisor will request that an
officer currently on duty hold over to work the following shift. If
no officer volunteers, the personnel shortage callout procedure will
be followed.
2. Call Out
a. When a personnel shortage exists and no one from the on duty
shift volunteers to hold over, a supervisor from the oncoming shift
will be required to call an off duty officer assigned to the shift
which is experiencing the shortage of manpower.
b. If no one from the affected shift can be contacted, the
supervisor will call out any available off duty officer.
3. Considerations
a. When an officer is held over or called out to work, an effort
will be made to allow that officer to make arrangements to handle
personal matters which may be pending.
b. Employees may not work anymore than sixteen (16) hours of
continuous service on or off duty in a twenty-four (24) hour period
without prior approval from the on duty Shift Commander or
supervisor in charge.
c. Exceptions may be made by a supervisor in charge of an
extended operation that lasts more than sixteen hours. It shall be
the approving supervisor’s responsibility to monitor the employee
for fitness for duty and rotate them out of service if necessary (GO
512.01.IV.B.1).
I. POLICY
The Charlottesville Police Department recognizes the potential for the City of
Charlottesville to experience a critical incident or crisis event that would require
the full operational availability of all its members to ensure the continuation of
police services to the city and as well as effectively manage the incident or crisis.
It is the policy of the Charlottesville Police Department to ensure a plan for the
continuity of operations during such an event.
II. PURPOSE
The purpose of this General Order is to establish an internal effort within the
Charlottesville Police Department Divisions to ensure the capability exists to
continue essential department functions while maintaining critical services across
a wide range of potential emergencies.
I. POLICY
It is the policy of the Charlottesville Police Department to organize its command structure
to support the effective and efficient accomplishments of Departmental responsibilities and
functions.
II. PURPOSE
The purpose of this directive is to describe the organization of the Charlottesville Police
Department and to assign responsibilities, functions and duties.
III. PROCEDURE
The Department is composed of the following parts; The Office of the Chief of Police, the
Field Operations Division, the Support Operations Division, The Administration Division
and the Criminal Investigations Division. Each component is assigned a specific law
enforcement role, i.e. line or staff functions. The organizational structure is established to
designate how work is to be divided among the various components of the Department.
Specifically, the Department’s organization is as follows:
A. OFFICE OF THE CHIEF OF POLICE
The Office of the Chief of Police consists of the Chief of Police, the Executive Assistant
to the Chief of Police (non-sworn position), the Office of Professional Standards, the
Public Information Officer (non-sworn position) and the Chaplain.
1. The Office of Professional Standards
The Office of Professional Standards is a component of the Office of the Chief of
Police. The Office of Professional Standards reports directly to the
to the Chief of Police. The main functions of the Office of Professional Standards
is to facilitate the recording, registering, and controlling of the investigations of
alleged or suspected misconduct within the Charlottesville Police Department.
The Office of Professional Standards is responsible for the following:
4. The Chaplain
The Chaplains are non-sworn volunteers who are ordained or licensed ministers.
The Chaplains are appointed by the Chief of Police and they report directly to
the Chief of Police. The Chaplains must adhere to the policy and guidelines listed
in GO 340.15 – Police Chaplains Program
a.) reduce crime and the fear of crime by high visibility patrol;
b.) to provide a support function to patrol by utilizing the special aspects of a
canine, such as but not limited to:
• building searches;
• field searches;
• drug sniffing searches;
• crowd control;
• suspect apprehension;
• tracking;
• explosives detection; and
d.) provide the department with a community relations aspect.
3. Traffic Unit
The Traffic Unit provides specialized support in the areas of traffic enforcement,
traffic control and accident investigation. The Traffic Units responsibilities
include but are not limited to:
a.) patrolling assigned areas of the City to check for parking violations;
b.) issuing citations for parking violations;
c.) aiding citizens who have questions concerning parking ordinances;
d.) directing traffic as assigned;
e.) fill in as required for school crossing posts; and
f.) notifying the registered owners of all police ordered towed vehicles
where the towed vehicle is stored and the need to retrieve the vehicle.
School Crossing Guard Section - The School Crossing Guard Section is under
the direct supervision of the Traffic Unit Supervisor. The members of this
section are sworn in to direct traffic and do not become involved in general law
enforcement activities, except to provide information to the traffic officers on
violations observed. This section is responsible for but not limited to:
a.) enforcement of state and local laws regarding animals within the city;
b.) maintaining animal control equipment belonging to the city;
2. Training Bureau
The Training Bureau is a component of the Support Operations Division. The
responsibilities of this bureau are as follows:
a.) analyzes training issues and pertinent statistics and prepares reports
and/or recommendations for departmental requirements and plans;
b.) oversees completion of mandatory retraining of all sworn and non-sworn
personnel at approved training sites;
c.) maintains records of names of attendees, dates of attendance, test scores,
lesson plans, certificates, and other data required by state law or
departmental policy;
d.) participates in planning and development of in-house training programs
1. Investigations Bureau
The Investigations Bureau is responsible for the investigation of all assigned
criminal cases. The Bureau is divided into five specialized case sections. Those
sections include Major Case Section, Property Crimes Section, Special Victim’s
Section, Narcotics Section, and the Financial Crimes Section. The Investigations
Bureau responsibilities include but are not limited to:
2. Forensic Unit
The Forensic Unit is a direct component of the Investigations Bureau. The
Department has sworn officers who are certified Evidence Technicians that are
staffed in various Divisions of the Department who are called upon to perform
evidence duties on an as needed basis. The Unit’s responsibilities consist of but
are not limited to:
E. ADMINISTRATION DIVISION
The Administration Division Commander reports directly to the Chief of Police. The
Administration Division provides for the administration function of the department.
The Division is comprised of the following components:
G. INTERDIVISIONAL COMMAND
When personnel from two or more Bureaus, Units or Sections are involved in a joint
operation, the operation shall be under command of the Bureau, Unit or Section
which would normally have the responsibility. In cases where responsibility is not
clear the Chief of Police will assign the responsibility and command.
I. POLICY
It is the policy of the Charlottesville Police Department to provide citizens and
department employees with the support services of a police chaplain's program.
Accordingly, we are committed to the most efficient and appropriate application of this
program through strictly administering and governing its operations and procedures.
Chaplains serve many public safety and military organizations. Chaplains’ programs
embody the very nature of public service with the acknowledgment of an organization's
belief in a "greater good" and its dedication to "sacrifice and servant-hood" to others. In
the Charlottesville Police Department, the chaplain's program is a reflection of these
ideals and mirrors the "excellence in service" that Charlottesville Police Officers strive to
attain.
Most importantly, the Charlottesville Police Department is committed to providing a
highly effective and professional chaplain's program that is beneficial and respectful to
all people, regardless of any person's beliefs or religious orientation.
II. PURPOSE
A. This order defines those specific services that may be offered by our police chaplain's
program, establishes operational parameters for the program, sets guidelines for the
appointment of chaplains, and provides department regulations for the performance of
their duties and services.
B. The Charlottesville Police Department chaplain's program is designed to address
counseling/spiritual issues and needs of:
1. Department members and their families;
2. citizens at the scenes of incidents where:
a. Police are involved; and
III. PROCEDURE
A. Appointment and Qualifications
1. Department chaplains shall be appointed by, and are accountable to the Chief of
Police. The Chief may select a Chaplain’s Board to advise him and to oversee the
program.
2. Chaplain applicants are subject to a background investigation prior to
appointment.
3. Chaplains must be residents of our community.
4. Chaplains must be ordained or licensed ministers in good standing in a recognized
religious denomination or group.
5. Chaplains must be skilled in ministry and pastoral care; selection of chaplains will
be based on their experience in spiritual leadership or teaching.
6. Chaplains must demonstrate a commitment to ministering to police officers and
their families.
7. Chaplains must become familiar with and accept the policies and procedures of
the program.
8. Chaplains must possess a valid Virginia driver's license.
9. There is no designated number of chaplains who will be involved in this program.
10. The Chief of Police shall designate a senior chaplain.
a. They are responsible to inform the Chief of Police of community or
department needs for additional police chaplains.
b. They shall also assist with training and supervision of other police
chaplains.
c. The Chief of Police may, at their discretion, re-designate the position.
B. Equipment
1. All chaplains shall be issued:
a. One full "class A" or dress uniform;
b. one black windbreaker with "CHAPLAIN" displayed on the back; no
patches or badge,
c. one black winter jacket with "CHAPLAIN" displayed on the back; no
patches or badge,
d. one black, Gore-Tex, summer weight vest with "CHAPLAIN"
displayed on the back; no patches or badge;
I. POLICY
The Charlottesville Police Department conducts a variety of planning activities in areas
such as crime analysis, information systems, budgeting, manpower allocation, grant
management, community demographics, and patrol operations. The department's staff
officers under the direction of the Chief of Police are responsible for these planning
activities and procedures.
II. PURPOSE
The purpose of this directive is to explain how the department's planning and research
functions are performed, to whom each of these functions and responsibilities are
assigned, and ultimately, how the planning and research managerial structures and
relationships interact.
III. PROCEDURE
A. General overview
Planning and research activities are essential to effectively managing the
Charlottesville Police Department. Increasing demands for law enforcement services
and cost-effective management require that all operations are carefully researched and
future programs are adequately planned.
B. Planning and research functions are performed under the direct supervision of the
Chief of Police and include, but are not limited to, the following types of activities:
1. Long-range (5-year) planning is assigned to the Office of the Chief of Police.
Additionally, the Chief will routinely conduct multi-year planning with the
supervisory, command staff. This planning should include, but is not limited to,
Department needs in the areas such as budget, equipment, manpower, training,
community relations, and crime suppression strategies.
2. Operation planning is conducted by the Chief of Police, and Division
Commanders. In addition to operational plans for events and activities, they
I. POLICY
It is the policy of the Charlottesville Police Department to manage department credit card
usage and employee cash reimbursement in a responsible manner and in compliance with
all city policies and applicable laws. The use of these credit cards and reimbursable cash
purchases are only for official city expenses that meet a public purpose.
II. PURPOSE
The purpose of this order is to establish procedures for employee use of City of
Charlottesville credit cards, tracking various expenditures and reimbursement of
employee’s cash expenditure for approved expenses.
III. DEFINITIONS
A. Credit card- various City of Charlottesville credit cards issued to departments.
B. Cash expenditure- cash, personal check, or personal credit card usage by department
member for official business.
IV. PROCEDURE
A. General Conditions for Credit Card Usage:
1. Credit cards may not be used without expressed advanced permission of a
supervisor unless assigned to the employee.
2. The single purchase limit set by the department is $2,500. Purchases cannot
be divided into multiple purchases to overcome this limitation.
3. Except in an emergency situation, no purchase over $500 should be made
without Budget approval.
4. Credit card and purchase limits are established based on need and with
appropriate approvals from the Division Commander and Chief.
5. Cash advances through cash-back, bank tellers, automated teller machines,
etc. are strictly prohibited.
I. POLICY
It is the policy of the Charlottesville Police Department to accept appropriate fee
payments from private citizens or businesses, to maintain control over the disbursement
of Investigative Fund monies used by the members of the agency, ensure that all
dispersed investigative funds are used for authorized purposes and to reimburse members
of the Department for approved out-of-pocket incurred expense.
II. PURPOSE
The purpose of this policy is to establish a documentation procedure for the handling of
fee payments to the Department, describe accounting procedures for the control of
Department Investigative funds, designate who may receive or disburse cash or debit
appropriate funds in the Department and establish an appropriate cash documentation
procedure to address the City of Charlottesville’s accounting procedures.
III. DEFINITIONS
Investigative Fund - Monies appropriated to be spent in connection with the confidential
aspects of criminal investigations.
Fund Custodial - Member(s) of the Department authorized to receive or dispense cash
receipts from an established cash fund, e.g. petty cash, Investigative Fund, etc.
IV. PROCEDURE
A. Only employee positions listed herein may receive or disburse cash, or debit
appropriated fund accounts. Documentation will be issued for each transaction, using
the City of Charlottesville’s record keeping and receipt procedure that includes, but is
not limited to a ledger that identifies initial balance, credits (cash income received),
debits (cash disbursed), and the balance on hand. In addition, the ledger shall reflect
a quarterly accounting of cash activities on a fiscal year basis beginning in the month
of July.
D. Fund accounting
1. The designated fund custodian shall make all withdrawals from the Fund and
shall be accompanied by a signed and dated invoice.
2. The Fund Custodian shall maintain a written ledger documenting the issuance
and/or return of money as well as the quarterly audits. Quarterly audits of the
funds are required and may be done by the Fund Custodian or an independent
source.
3. Persons authorized to receive or disburse cash funds in this directive are
subjected to an independent semi-annual audit during the months of June and
December by the City’s Finance Department. However, staff review of funds
may be conducted at any time on an unannounced basis.
I. POLICY
It is the policy of the Charlottesville Police Department to be in full compliance with city,
state, and federal laws, which mandates equal opportunity and forbids discrimination in the
selection and hiring process, and to select and hire the most highly qualified sworn and
non-sworn employees possible.
II. PURPOSE
The purpose of this general order is to assign hiring and vetting responsibilities and apply
the best practices in the selection and hiring of the most qualified employees for the City
of Charlottesville Police Department. Placing emphasis on selecting the most qualified
applicants should yield lower rates of personnel turnover, fewer disciplinary problems,
higher morale, better community relations and more effective services to the community.
III. DEFINITIONS
A. Family member: for the purpose of this policy a family member is defined a spouse,
child, spouse's child, child-in-law, brother, sister, mother, father, grandparents,
grandchild, step-brother, step-sister, step-parents, parents-in-law, brother-in-law,
sister-in-law, aunt, uncle, niece, nephew, guardian, ward, or god-son or daughter.
B. Experimental: means infrequent use of a drug to satisfy a curiosity about its effects. It
also means the infrequent recreational use of a drug, or the infrequent use of
prescription drugs not prescribed to the individual but for the purpose consistent with
the drugs intended use.
C. Non-experimental: involves the use of a drug with sufficient frequency that it
constitutes habitual use or drug dependency.
IV. PROCEDURE
A. Procedures for Selection of Qualified Sworn Personnel
1. The Hiring Bureau shall coordinate and manage police department responsibilities
for employment of all personnel related to the hiring process. The Hiring Bureau shall
ensure that the Department is in compliance with city, state, and federal laws
e. must not have been convicted of driving under the influence (DUI) within the
past three (3) years;
f. must reside in Virginia prior to the completion of the training academy or before
being sworn as a police officer; and
a. Criminal Activity
i. been convicted of a felony or domestic violence;
ii. been convicted of a crime of moral turpitude, such as lying under
oath or falsifying any official documents;
iii. been convicted of any crime, which carries a penalty of prohibiting
the ownership, possession, or control of a firearm;
iv. misdemeanor conviction of any crime involving sex offenses
and/or required to be registered on the Sex Offender Registry at
any age;
v. currently a member of, or in the past been associated with, or
supported in any fashion, any criminal gang, extremist-racist or
Anti-Semitic group, or any group that has stated a desire to
overthrow the United States Government; and/or
vi. under criminal investigation or have criminal charges pending.
ii. illegal use of marijuana or derivative within one (1) year or less from
the date of written application;
iii. illegal use of club drugs, such as, but not limited to: Ketamine, GHB,
Rohypnol, or MDMA (ecstasy) with three (3) years or less from the date
of written application;
iv. illegal use of steroids within three (3) years or less from the date of
written applications;
viiii. any experimental use of any Schedule I, II, III, or IV drug within the
last five (5) years not covered above.
a. any criminal traffic DUI or hit & run conviction in Virginia or similar
offense in another state within three (3) years;
C. Procedures for selected candidates in the Testing and Orientation Process (TOP)
will consist of the following:
6. Applicants who pass the above phases will be advanced in the hiring process
by the Hiring Bureau to undergo a criminal history and driver’s history review.
7. The Hiring Bureau may use volunteer Department members to provide for a
diversified review of candidates in selecting candidates to move forward in the
process to the formal panel interview.
10. Candidates selected to move into the background investigation phase will be
given ride-along forms and encouraged to ride-along with the Police Officers
to observe police work closely to gauge their desire further.
11. The Hiring Bureau will then begin the initial background investigation by
assigning a background investigator. The background investigation will
consist of the following:
ii. The original copy of the Personal History Statement shall not be
marked or altered under any circumstances.
14. At the end of the background investigation, all successful candidates will have
a summary memo written by the back ground investigator that conatins a brief
overview of the candidate that includes:
a. This listing will be noted on the exterior of the personnel file and
signed/initialed by one of the Excutive Commanders or appointed
designee.
b. This will be used as the order for hiring unless superseded and modified
by the Chief of Police.
c. This list will be held for up to twelve (12) months from the day it is
created which is the day of the last interview.
d. If an opening becomes available the Hiring Bureau will check with the
candidate to see if they still are seeking employment with the
Charlottesville Police Department, if so their background will be
updated and the Chief of Police or their appointed designee will review
4. The Hiring Bureau will document in the employee’s background file any
salary or other tangible benefits given at the time of hire over the normal
starting level for the position.
b. If the polygraph is failed, i.e. there are signs of deception, the file will
be reviewed and further investigation will be completed by a
Background Investigator to determine if the candidate should proceed
further in the process.
d. If the psychological exam is failed, i.e. there are signs of mental illness,
incompatible personality traits, or recommendations not to hire from
the pychologist, the file will be reviewed and further investigation will
be completed by a background investigator to determine if the
candidate should proceed further in the process.
3. Any unusual incidents that are reported or noticed will be reported to the
Training Bureau Commander and the Support Operations Division
Commander for review.
4. Upon graduation from the regional police academy, the Training Bureau
will assist in coordinating the new officer being sworn in by the Clerk of
the Charlottesville Circuit Court.
f. must not have been convicted of driving under the influence (DUI)
within the past three (3) years if applicable to the position;
6. Once the top candidates have been selected for Interviews, the
Division will be responsible for forwarding the names of the
candidates; interview questions, and the names of the panelist to the
Hiring Bureau.
7. The Hiring Bureau will assist with scheduling the interviews and
notifiying the Applicants.
9. Once the interview process is complete, the Commander will utilize the
scoring process of the interview and list in numerical order the top
candidates who will proceed to the background investigation.
F. Background Investigation
1. The Hiring Bureau or Division filling the vacancy will assign an officer
to conduct the background investigation.
2. The Hiring Bureau or assigned officer will then begin the initial
Background investigation utilizing the signed consent form from the
chosen candidates. The initial process is:
a. The Background Investigator will review the applicants
Personal History Statement or background questionnaire for
completeness and conduct an initial interview with the
applicant for follow-up questions related to information
contained or omitted in the documents;
3. The Hiring Bureau will document in the employee’s background file any
salary or other tangible benefits given at the time of hire over the normal
starting level for the position.
h. any and all test results pertaining to each applicant shall be recorded
and maintained as part of their Department’s personnel records for a
be maintained in a secure area by the Hiring Bureau with access
restricted to those persons legally entitled to review such files.
I. Selected Candidates
1. All new hires will be scheduled by the Hiring Bureau or the following as
soon as possible:
a. Quartermaster appointment for uniform and equipment issue;
b. Human Resources new employee orientation;
i. Information Technology new employee orientation;
ii. assigned Bureau orientation; and
iii. familiarization of facilities.
2. All sworn officers will be scheduled by the Hiring Bureau or the
J. Re-hiring of Officers
1. The department recognizes the benefits of re-hiring officers from past
employment due to the knowledge they possess of the city and department
as well as experience from specialized training and assignments.
3. Any officer who has resigned and been out of employment with the City of
Charlottesville Police Department more than twelve (12) months must
reapply as any other individual and go through the entire hiring process.
This situation is not considered a re-hire.
4. Any officer submitted for rehire will have to pass portions of a background
containing at least but not limited to the following:
a. past employment reference checks;
b. social media screening;
c. drivers history review;
d. criminal history review;
e. physical agility test;
f. medical screening; and
g. drug screening.
5. If successfully rehired, the officer will receive:
a. The same pay as when they separated; and
L. Determination of Seniority
1. The determination of seniority for both sworn and unsworn hires will
be established by:
a. Date of hire; and
b. Numerical rank of the interview scores.
I. PURPOSE
The purpose of this directive is to establish a basis of conduct for all members of the
Charlottesville Police Department. It is recognized that rules, regulations, policies and
procedures cannot be prescribed for every specific action or circumstance encountered by
Department members. In emergencies, or situations not addressed in this order, the
individual is expected to use their own discretion governed by sound judgment. The
Charlottesville Police Department is authorized and governed by the City of Charlottesville
Charter, codified through ordinances of March 15, 1999 (Supplement #17, Update #1) in
Article I, Section 2-3, (1) and Section 14, Number 20 and the Code of Virginia as defined
in 15.2-1700, 15.2-1701, 15.2-1704 and other relevant sections.
II. POLICY
It is the policy of the Charlottesville Police Department to ensure that the performance of
its members is characterized by lawful police actions that are carried out in an exemplary
fashion. To this end, the Charlottesville Police Department expects its personnel to
maintain the highest standards of appearance and conduct at all times, while on duty or off
duty.
Violations of the Code of Conduct, General Orders, Executive Orders, City of
Charlottesville’s Personnel Rules, City of Charlottesville’s Ordinances, and/or laws of the
Commonwealth of Virginia or the United States of America shall result in disciplinary or
personnel action as defined in this policy. The disciplinary action taken will depend on the
severity of the offense, the record of the offender, and the seriousness of the consequences
of the violation. If employee misconduct results in dismissal, the employee will be
provided with a statement citing the reasons for dismissal and the effective date of the
dismissal
III. DEFINITIONS
A. COMPLIANCE WITH RULES - Members of the Department are required to comply
with any rule that corresponds with their level of authority and responsibility.
IV. PENALTIES
A. COUNSEL - A verbal statement, followed in written form and acknowledged by the
employee, made to the employee intending to improve job performance or job related
behavior. Counseling is not a disciplinary action and is not able to be grieved.
B. REPRIMAND - A written disciplinary statement by a supervisor made to their
employee concerning the employee’s job performance or job related behavior. Each
such reprimand shall be confirmed by memorandum from the person imposing the
reprimand on the employee, with a copy of the memorandum being placed in the
employee’s personnel file in the Office of the Chief of Police, the Office of
Professional Standards, and delivered to the employee. This memorandum shall
provide reasons for the reprimand and specific examples of violations, infractions,
and performance issues or personal conduct. The reprimand shall become a
permanent part of the employee’s personnel, and Professional Standards files, if
applicable. The employee may attach written correspondence for inclusion in the
record within seven (7) calendar days of receipt of a written reprimand. Reprimands
are subject to the grievance process.
C. SUSPENSION - The temporary removal of an employee from duty and pay status for
cause. All disciplinary suspensions are without pay and are for a specified period of
time. Suspensions are subject to the grievance process.
D. DEMOTION - The placement of an employee in a position in a lower class for which
a lower maximum rate of pay is authorized. As a disciplinary measure, the Chief of
Police may recommend that an employee be demoted to a lower classification.
Disciplinary demotions are subject to the grievance process.
V. RESPONSIBILITIES
A. It shall be the responsibility of each member of the Charlottesville Police Department
to comply with the Rules of Conduct as defined within this document. All employees
of the Department shall become thoroughly familiar with these rules and regulations
and the contents of the Manual, and all employees will be expected to conform and
abide by them. Lack of knowledge shall not constitute a defense to any disciplinary
action.
B. The positive public image, which the City of Charlottesville strives to develop with
citizens, is fashioned by our adherence to high standards of personal conduct. Police
officers yield considerable power over the public in order to provide our services.
The Department’s enforcement responsibilities and activities result in our members
being the most visible form of government representing the City of Charlottesville.
Police powers are carefully balanced and circumscribed by federal, state, and local
laws, and, ultimately, by the U.S. Constitution and Bill of Rights. Police powers to
arrest, seize property, and lawfully interfere with the lives of citizens must be
accomplished with public trust. We regard this trust as vital to our success and we
must protect this confidence through exemplary performance at all times.
26 ABUSE OF POSITION
A. Department members shall not use their official position, official
identification cards or badges for personal or financial gain, for obtaining
privileges not otherwise available to them except in the performance of duty,
or for avoiding consequences of illegal acts. Members shall not lend to
another person, their identification cards or badges or permit them to be
photographed or reproduced without the approval of the Chief of Police.
B. Department members shall not authorize the use of their names, photographs,
or official titles that identify them as police employees, in connection with
testimonials or advertisements of any commodity or commercial enterprise,
without the approval of the Chief of Police.
C. Employees shall not expend any money or make any financial obligations in
the name of the Department without prior knowledge and permission from the
Office of the Chief of Police.
B. A member of the Department shall not destroy or remove any official record or
report from any file or take any official record from the office where it is kept
except in the performance of their duties, in accordance with due process of
law or with permission of the member in charge.
C. Members shall not use official Department stationary for personal use.
64 CONVERSION OF EVIDENCE/PROPERTY
Members shall not under any circumstances withhold, destroy, remove from
the scene, or convert to their own use, any physical evidence, monies, or other
material found, seized, or confiscated in connection with an investigation of a
crime or involved in any official police action. Members shall not convert to
their own use any property, material or monies belonging to the Department.
Civilian personnel, who may not have the ability to intervene, are required to
immediately call for a supervisor to respond to the scene at which time they
will report their observations.
Taking police action while off duty can be a difficult situation for a law
enforcement officer. More often than not, the officer may not have the
necessary equipment to take police action. The absence of protective body
armor, a radio, handcuffs, chemical irritant, and other less lethal or non-lethal
tools may place the off-duty officer at greater risk and escalate force options.
In addition, the presence of family members or other civilian personnel may
limit the off-duty officer’s options and place others at unnecessary risk of
harm.
Unless circumstances require that an off-duty officer act to protect others from
imminent risk of physical assault, serious bodily harm, or death, the off-duty
officer shall contact the ECC and request the assistance of on-duty personnel.
The off-duty officer shall advise the call taker of any and all information
necessary for the responding officers to locate the suspect, potential victim,
and the off-duty officer (location, physical descriptions, presence of weapons,
and any other information responding officers could benefit from).
Officers are reminded that the United States Constitution, First Amendment,
protects inter alia the freedom of speech. Such speech includes questioning
and even challenging law enforcement authority. This does not mean that
citizens have the right to obstruct a law enforcement officer from conducting
their lawful duties, but that obstruction can never be solely based on the free
expression of speech. Such obstruction typically requires an overt act that
goes beyond mere words.
The arrests that fall within the category outlined above are considered
“contempt of cop” arrests. Such arrests, and the behavior that supports and
condones them, are not only hereby a violation of departmental policy, such
behavior is inconsistent with our public duties and responsibilities, and
contrary to law. Officers who engage in such behavior may be subject to
liability and separation from employment.
In addition to “contempt of cop” arrests, there is the potential for yet another
form of improper and unconstitutional behavior, the “cover” arrest.
68 CODE OF SILENCE
1
Disorderly (mis) Conduct: The Problem with Contempt of Cop Arrest, by Christie Lopez, June 2010.
Departmental personnel who knowingly and willfully take action with the
intent to insulate and protect employees from accountability for unlawful and
inappropriate actions will be subject to adverse personnel action, to include
separation from employment.
Departmental personnel shall not use their official position or their lawful
authority for personal gain or in any manner that is inconsistent with
departmental policy or law.
I. POLICY
II. PURPOSE
The purpose of this policy is to unequivocally state that biased-based policing in law
enforcement is unacceptable. This policy shall provide guidelines for officers to prevent
such occurrences and to protect our officers from unwarranted accusations when they act
within the dictates of the law and departmental policy.
III. DEFINITIONS
A. Biased-Based Policing - The detention, interdiction, or other disparate
treatment of any person on the sole basis of their racial, ethnic status, or
characteristics.
B. Reasonable Suspicion - Also known as articulable suspicion. Suspicion that is
more than a mere hunch, but is based on a set of articulable facts and
circumstances that would warrant a person of reasonable caution in believing that
an infraction of the law has been committed, is about to be committed, or is in the
process of being committed by the person or persons under suspicion. This can be
based on the observations of a police officer combined with their training and
experience, and/or reliable information received from credible outside sources.
IV. DISCUSSION
The Charlottesville Police Department is charged with protecting these rights, for all,
regardless of race, creed, color, ethnicity, sex, sexual orientation, physical handicap, or
religion.
Because of the nature of our business, law enforcement officers are required to be
observant, to identify unusual occurrences, and enforce violations of the law. It is this
proactive enforcement that keeps our citizens free from crime by apprehending criminals.
V. PROCEDURE
A. The Department’s efforts will be directed toward assigning officers to those areas
where there is the highest likelihood crime will be reduced and/or prevented by
proactive patrol.
A. Officers will receive initial and ongoing training in proactive enforcement
tactics, including training in officer safety, courtesy, cultural diversity, laws of
search and seizure, and interpersonal communication skills.
B. Training programs will emphasize the need to respect the rights of all citizens
to be free from unreasonable government intrusion or police action.
C. Traffic enforcement will be accompanied by consistent, ongoing supervisory
oversight to ensure that officers do not go beyond the parameters of reasonableness
in conducting such activities.
D. Motorists and pedestrians shall only be subjected to stops, seizures, or
detentions upon reasonable suspicion that they have committed, are committing, or
are about to commit a law violation.
E. Appropriate enforcement action should always be completed, generally in the
form of a warning, summons, or arrest.
F. No motorist, once cited or warned, shall be detained beyond the point where
there exists no reasonable articulable suspicion of further criminal activity, and no
person or vehicle shall be searched in the absence of probable cause, a warrant, a
valid warrant exception, or the violator’s voluntary consent. Officers will rely on a
minimum standard of reasonable articulable suspicion when requesting voluntary
consent to search a vehicle subsequent to routine traffic stops. Reasonable
I. POLICY
It is the policy of the Charlottesville Police Department that the personal appearances of
each employee project and meet a uniform and professional standard.
II. PURPOSE
The Charlottesville Police Department recognizes that its employees are the most visible
and recognized component of the government of the City of Charlottesville. This
directive provides guidelines for personal appearance and grooming that project trust,
confidence in capabilities, safety, approachability, and professionalism in appearance.
III. DEFINITIONS
Tattoo - means and includes any mark, symbol, figure, design or pattern created or
fixed upon the body, whether temporary or permanent in nature, by means of:
insertion of pigment on or under the skin; intentional scarring or burning of the
skin; or by foreign objects inserted under the skin.
Prohibited Tattoo -
1. A tattoo in a visible location on the head, face, neck, ear(s), scalp, hand(s) or
finger(s);
2. a tattoo that depicts, describes or refers to any sexual conduct, sexual act,
sexual organ, or nudity;
3. a tattoo that depicts, describes, refers to, symbolizes, or promotes any
hatred, violence, discrimination or harassment based on race, color, religion,
sex, sexual orientation, national origin, or political belief; and
4. a tattoo that symbolizes, is commonly associated with, or is known to
signify membership in any organization or group which advocates or
engages in violence, hateful actions, or discrimination or harassment against
any persons on the basis of race, color, religion, sex, sexual orientation,
national origin, or political belief.
I. POLICY
It is the policy of the Charlottesville Police Department to issue all necessary police
equipment to its members, however if this equipment is lost or damaged through
negligence, members of the Department may be required to pay for all or part of the
equipment's replacement cost.
II. PURPOSE
The purpose of this general order is to establish guidelines for determining responsibility
for lost or damaged equipment and establish procedures for reporting of and paying for
equipment that is lost or damaged through negligence, and department vehicles damaged
as a result of a motor vehicle accident where the employee is determined to be at fault.
III. PROCEDURE
A. Reporting Lost or Damaged Equipment
1. When certain department issued equipment has been lost or damaged, prompt
notification must be made to Department supervisors. Notification procedures will
vary for different equipment types as follows:
a. Loss or damage to a firearm or police radio - Members shall
immediately report the loss of or damage upon discovery whether on or
off duty. If the department member is off-duty, an immediate notification
shall be made by telephone to the supervisor or shift commander.
Members shall then, within three working days, submit a written
memorandum to their immediate supervisor.
b. Loss or damage to all other issued equipment - Members shall, within
three working days, submit a written memorandum to their immediate
supervisor.
c. Department vehicles – damage to department vehicles will be reported
in accordance with department General Order 542.01.
I. POLICY
It is the policy of the Charlottesville Police Department that all officers are uniform in
appearance in regards to uniform insignia.
II. PURPOSE
The purpose of this directive is to standardize the badge, pins, medals, insignias and other
accessories that may be worn while on duty, either while wearing the issued Department
uniform or civilian clothes
III. DEFINITIONS
A. Pin: A decorative insignia representing an award, accomplishment or idea that is held
in place by a pin with clasp.
B. Plate: A metallic rectangular plate similar in size to, and may attach to the name tag
or be positioned just above it. Often plates may have two pins.
C. Patch: An embroidered cloth representation of the city seal, badge of authority or
other unit designation.
IV. PROCEDURE
No pins, medals, or insignia shall be worn on, or as an adjunct to, the uniform unless
authorized by this order.
A. Standard authorization is limited to:
1. The Badge
a. Supervisory officers- gold in color
b. Investigative officers- gold and silver two-tone in color
c. Uniform officers- silver in color
d. The badge shall be worn above the left shirt pocket
e. The badge must always be worn when on duty, whether on the
uniform shirt or on the belt in civilian dress.
I. PURPOSE
The purpose of this directive is to provide guidelines for the assignment of Department
officers to specialized positions.
II. DEFINITION
A. For the purpose of this policy “Specialized Positions” refers to those positions of the
Department that have a function or function(s) that are not the traditional duties of a
police officer. Those specialized positions fall under:
1. Investigations Division;
a. Detective
b. Forensic Detective
c. Evidence Technician
2. Support Operations Bureau;
a. Traffic Officer
3. Administration Division; and
a. Logistical Support Officer
4. Patrol Bureau.
a. School Resource Officer
III. PROCEDURE
A. The Commanding Officer of the requesting Bureau or Unit shall request the approval
of the Chief of Police, through the appropriate Division Commander, to fill a vacancy
within their Command.
B. With the approval of the Chief of Police, the requesting Bureau Commander shall
issue an announcement to request members of the Department to submit their interest
in a transfer to the unit or bureau seeking to fill a vacancy and shall list in the
announcement the eligibility requirements for the specific position.
I. POLICY
Promotions will be made on the basis of experience, education, training, competence, and
for the purpose of promoting the most qualified candidates. The Chief of Police maintains
sole authority and discretion to make promotions.
II. PURPOSE
The purpose of this directive is to provide guidelines for the promotion to the rank of
Corporal, Sergeant, Lieutenant, Captain, and Major.
III. DEFINITIONS
A. Corporal: Assists Sergeants in providing general supervision in the Patrol Division,
Support Services Division and Investigations Division. May be required to assume
all the daily duties of a Sergeant during the absence of the normal assigned Sergeant
or Supervisor. Corporals will be automatically appointed as Field Training Officers
upon promotion to the rank of Corporal. See General Order 513.10 Field Training
Officer Program for further guidelines and training requirements.
B. Sergeant: Provides general supervision, technical assistance, and administrative
control over a group of patrol officers, detectives, or investigators assigned to a
geographic area of the City or assigned to specific law enforcement tasks;
schedules; deploys and assigns personnel in accordance with department policies
and applicable service requirements; conducts roll calls or briefings; observes,
evaluates, develops, advises, and counsels personnel reference job performance;
directs tactical operations in given situations; performs law enforcement duties as
required.
C. Lieutenant: Supervises and coordinates the operations and activities of an assigned
patrol shift or operational unit; conducts periodic inspection tours of various police
department sectors observing personnel demeanor, efficiency, and general
appearance; advises and assist subordinate supervisors and officers in the
performance of their law enforcement literature, surveys agency personnel and
GO 400.45 – Promotions 1
Revised: 11/04/2019
confers with police administration to determine training and equipment needs; asses
current programs and makes recommendations as to new directions; facilitates inter
and intra department cooperation; participates in disciplinary actions; maintains
records; conducts and participates in special studies; serves on regular and special
committees; prepares recommendations to the Command Staff for operational
effectiveness and efficiency.
D. Captain: Assists in the planning, organizing, directing, and assessing programs and
activities of a Division; facilitates the coordination of bureaus, units and sections;
studies, reviews and develops operational procedures; prepares and manages
budgets; accountable for the effective and efficient use of appropriated resources;
provides guidance, development, evaluation, and counsel to subordinates;
accountable for the discipline od Department personnel; participates in the annual
training needs assessment; interrelates with other law enforcement and public safety
agencies and organizations.
E. Deputy Chief: The Deputy Chief of Police and will serve as the second Chief
Executive of the police department and will ensure the mission, vision, and values
of the Department are advanced. Additionally, the Deputy Chief of Police is
responsible for the monitoring of the Departments Strategic Plan and ensures that
subordinate members under their command are familiar with the plans, goals and
objectives. The Deputy Chief of Police is responsible for planning, directing,
coordinating, controlling and staffing all activities of the Department as directed by
the Chief of Police. They are responsible for modifying and approving all policies
and procedures of the Department at the approval of the Chief of Police. They are
responsible in completing and submitting all reports as required by law or as
directed by the City Manager or Chief of Police. The Deputy Chief of Police will
serve as Acting Chief of Police in the absence of and as directed by the Chief of
Police in accordance with General Order 320.00.
IV. ELIGIBILITY
At the time of promotional appointment, the candidate must have the following at
minimum:
1. Deputy Chief
a. Education – A Bachelor’s Degree, or higher, from an accredited college or
university.
GO 400.45 – Promotions 2
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2. CAPTAIN
a. Education – Completed 60 credit hours from an accredited college or university
(an Associate’s Degree or higher level of education preferred).
3. LIEUTENANT
4. SERGEANT
a. Education - Completed 30 credit hours from an accredited college or university in
a criminal justice related curriculum is preferred, but not mandatory.
5. CORPORAL
a. Education - Completion of an Advanced Patrol Technique Training Course is
preferred but not mandatory.
GO 400.45 – Promotions 3
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c. Training- Maintain proficiency in all firearms, weapons and other defensive /
tactical equipment as required by the department. Ability to understand and carry
out oral and written instructions; ability to assign, instruct and review the work of
subordinates; ability to deal firmly and tactfully with other employees and the
public.
V. PROCEDURE
The Chief of Police or their designee shall initiate and administer the promotion process.
1. Initiation will include a written announcement of the promotion process, which shall
be provided to all eligible members of the Department.
The Formalized Assessment Panel(s) will account for 70 out of 100 possible
points and will be conducted as one means of identifying candidates most
suitable for promotion. The assessment panel will be conducted by a review
board comprised of :
1. Selected department employees or members of the same rank or higher
from internally or external agencies of the position applied for; and
2. Non-sworn community stakeholders may serve as panel members.
The Formalized Assessment Panel(s) will include the following elements:
1. Candidates will orally present their career achievements and
qualifications to the appointed interview panel(s).
Candidates will respond to a series of standardized questions or
situations posed by the appointed assessment panel(s).
GO 400.45 – Promotions 4
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5. Candidates will be scored in each category on a 1 to 5 scale with a
maximum possible evaluation of 35 points (total of categories) per
assessment panel(s). Categories will consist of but not be limited to the
following:
a. Knowledge of Substantive and Procedural Law
b. Knowledge of Police Tactics
c. Knowledge of Department Policies and
Procedures
d. Supervisory Skills and Ability
e. Problem Oriented Policing
f. Command presence
g. Oral articulation
6. Panelists will individually score candidates. The separate evaluations
will be averaged to produce the raw score.
a. Any time limits imposed upon a candidates’ response will be
universally applied to all candidates participating in that
promotional process, and communicated by the board to each
candidate prior to posing questions.
7. Candidates competing for Captain will be interviewed by the Chief of
Police and Deputy Chief.
8. Candidates competing for Deputy Chief will be interviewed by the
Chief of Police.
9. In administering the process, the promotion process administrator will
monitor all of the process elements to ensure that they are job related.
b. Performance Review
Candidates for promotion to Deputy Chief and Captain will have their work
performance and their promotional potential formally reviewed and assessed by
the Chief of Police. Candidates for promotion to Lieutenant, Sergeant and
Corporal will have their work performance and their promotional potential
formally reviewed and assessed by supervisory staff at least one rank above the
position for which the candidates have applied. The performance review will
account 30% of the total score or 30 out of 100 possible points. The purpose of
the performance review board will be:
GO 400.45 – Promotions 5
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1. To assess all candidates’ promotional abilities which are based upon
review of candidates’ prior work performance and skills
demonstration, in an objective and consistent manner.
2. To force rank all candidates for promotion based upon the board’s
promotional skills assessment.
GO 400.45 – Promotions 6
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c. Test scores or assessment results will not be posted for general inspection.
D. ELIGIBILITY LIST
1. The ranked eligibility lists of candidates shall remain effective for a period of 1 year.
2. The Chief of Police will retain the authority to expire, or to extend the existing
promotional roster for up to an additional year.
3. A new promotion selection process shall be established and conducted for future
promotion(s) that occur after the current eligibility period has expired.
4. The Chief of Police has sole authority to and discretion to make promotions and may
promote any of the top 5 candidates on the eligibility list regardless of their ranking.
Nothing in this promotion procedure will be deemed as binding upon the decisions on
promotions by the Chief of Police.
5. All promotions will be subject to a 6 month probationary period.
1. The candidate can review each phase of the promotion process at the completion
of the process by making an appointment for review with the Promotion Process
Administrator.
2. Candidates wanting a review shall submit a written request to the Promotion
Process Administrator to review the results of their promotion process.
3. Candidates requesting to review their promotion file jacket shall be provided with
their promotion file jacket. The review shall take place in the Department and will be
monitored by the Promotion Process Administrator or a designee. The candidate may
take notes on the contents of their file, but shall not make duplicate copies of the
documents.
4. Scores from the supervisor’s evaluation, Assessment Panel forms and Interview
audio/video recordings (if any) will be forwarded to the Chief of Police.
5. The Chief of Police will maintain all scores, review forms, notes, comments and
audio/video recordings (if any) on the candidates until the promotional
appointment(s) have been made. The Chief of Police will provide each candidate with
information on their performance and perceived strengths and weaknesses. The Chief
of Police reserves the right to provide to each candidate copies of interviewer
comment forms, a copy of their interview video (if any) and any other information the
Chief deems appropriate to assist in developing the candidate’s skills. Candidates will
not be provided with their raw score nor ranking in the process. Following the
promotional process, all information on candidates will be maintained in the Office of
the Chief of Police.
GO 400.45 – Promotions 7
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F. REDUCTION IN PROMOTION
G. PROCESS EVALUATION
GO 400.45 – Promotions 8
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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect
to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.
I. POLICY
It is the policy of the Charlottesville Police Department to provide sworn officers and
designated civilian personnel with the apparel and equipment required in the performance
of law enforcement functions that demonstrates a sense of pride, professionalism and
uniformity.
Department members are responsible for wearing and maintaining their uniforms in a
manner consistent with the personal appearance procedures listed in this directive. Each
member is to dress in a neat and clean manner, which illustrates police professionalism.
Only items, which are issued or hereafter approved by the Department, will be worn in
combination with the uniform.
All supervisors are to be held accountable for the appearance of the personnel under their
command. Supervisors are to ensure that officers are wearing the appropriate uniform for
their assignment, and that uniforms are neat, pressed and professional in appearance.
II. PURPOSE
The purpose of this directive is to provide the guidelines to Department personnel
regarding the wearing, maintenance, and care of uniforms and issued equipment.
III. DEFINITIONS
Quartermaster – Department member responsible for the procurement, issuance, and
inventory of uniforms, equipment, and supplies.
IV. PROCEDURE
A. Police Uniforms:
1. There are different approved types of police uniforms for sworn officers,
which are worn by Department members according to assignment and/or
specific orders. All sworn Department members shall receive the basic
issue of uniforms as a recruit. Subsequent to the original issue,
replacement items may be obtained from the Quartermaster.
3. Each request will be checked against the file database, which shows the
officer’s current uniform inventory and purchase request history.
B. Types of Uniforms:
1. Class “A” Uniform:
a. The Class “A” police uniform is worn at ceremonies and formal events
or other occasions as approved by the Chief of Police. This uniform
consists of the following:
i. dress trousers;
ii. long sleeve dress shirt;
iii. necktie;
iv. black dress shoes or highly shined boots;
v. Eight point hat; and,
vi. issued duty belt w/ required equipment.
b. The Class “A” uniform includes all decorations and awards, nametag
and issued badge. No whistles are to be worn with the Class “A”
uniform. The dress blouse, if issued, is optional.
c. Class “A” trousers are the all-weather trousers. The bottom edge of
the trousers will slightly touch the top of the shoes.
d. The 8 point hat with hat badge will be worn with the Class “A”
uniform.
e. Outer carrier vests are NOT authorized to be worn with the Class A
uniform unless under an emergency situation.
c. Long sleeve dress shirts may be worn with a tie, turtle neck, or dark
navy/black colored t-shirt as weather permits.
g. Outer carrier vests are NOT authorized to be worn over the Class
“B” uniform unless in an emergency situation.
j. All hats must be worn such that they face straight ahead.
the watch cap must be department issued and worn with the
CPD lettering facing straight ahead and the cap pulled down so
that it fits tight to the head.
3. Utility Uniforms:
a. Sergeants and below that are working an operational position
will have the option of wearing the Class “B” uniform or the
“Utility” Uniform during their shift. Operational means working
in a non-administrative capacity, typically in a patrol function.
The Utility Uniform will consist of:
ii. issued blue short or long sleeve polo-style shirt with patches
and an embroidered cloth badge;
g. Dress shoes, oxford style shoes and/or tennis shoes are NOT
permitted to be worn with the utility uniform.
h. The outer carrier vests will be clean at all times.
4. Training/Soft Uniform
6. Bicycle Uniforms
a. Officers who are certified to ride the department bicycles will be
issued and/or authorized to wear the following:
9. Required Equipment:
a. All sworn personnel while wearing a Department issued uniform,
unless otherwise directed, are required while on duty to have the
following items in their possession:
3. Socks
a. Socks for uniformed personnel shall be either solid black/dark
blue or solid black/dark blue tops with white soles. The dark blue
socks shall not be a lighter color blue than that of the trousers.
4. Coats
a. Issued winter jackets may be worn with both the Class “A” and
Class “B” uniforms.
b. Motorcycle officers may wear the issued leather jacket year round.
c. Raincoats shall be issued to all officers.
6. Badge
a. The badge shall be worn on the left side of the shirt. A metal
or cloth badge must always be affixed to the outer most
garment, but not including issued raincoats.
7. Whistle
a. All Sergeants and below in uniform, while on duty, shall have
their whistle available.
8. Gloves
a. Hi-visible safety gloves are issued for traffic direction. The
wearing of mittens is prohibited.
E. Maintenance of Uniforms:
1. All uniformed personnel shall wear uniforms that are clean and neatly
pressed.
2. All metal and leather items shall be kept clean and polished.
3. Uniforms that show excessive wear shall be exchanged for new items.
a. repairs;
b. alterations;
c. emblem application;
d. embroidery or screen-printing; and,
e. other services approved by the Chief of Police.
7. Alterations that will not be approved include custom tailoring such as but
are not limited to tapering of shirts, shortening of sleeves and reducing
circumference of sleeves.
9. Personnel shall return any items that are still serviceable that they can no
longer use (such as the wrong size, unit change, etc.) to the Quartermaster.
10. Items that have exceeded their serviceable life must be returned to the
Quartermaster for destruction.
F. Military Activation
1. Any officer who is placed on an active duty assignment for 30 days or more
will check in his issued duty weapon(s) to the Department armory for
safekeeping. The Chief of Police will consider exceptions on a case-by-case
basis.
2. All exempt personnel shall have their body armor available while on duty.
3. Regardless of the above stated exceptions, body armor shall be worn in
the following situations by all sworn personnel including those in plain
clothes assignments:
a. high-risk entries;
4. All body armor issued by the Department will comply with the current
minimum protective standards prescribed by the National Institute of
Justice.
5. The Department shall issue body armor to all sworn personnel, and shall
replace body armor that is worn or damaged. However, the officer must pay
for any body armor that has to be replaced due to misuse or abuse by an
officer, after an investigation by the Field Operations Division Commander.
I. Department Keys
1. Employees shall have in their possession ONLY those Department keys
issued to them that are necessary to properly fulfill the duties and
responsibilities of their assignments.
2. It shall be recorded in each recruit’s permanent record that they were issued
the basic set of department keys. The Quartermaster will be responsible for
issuing and recording keys. The employee will remain responsible for these
keys throughout their career. All other keys issued to an employee, due to a
particular assignment, must be returned to the Quartermaster prior to a
transfer to another assignment. The Quartermaster shall issue to
J. Designation of Rank
1. The Department designates rank through the use of sleeve ornamentation.
Corporals and above will wear a gold badge indicating the rank and
a gold strap on the hat. Other rank designations are as follows:
a. Chief of Police
i. gold eagles worn on each shoulder of the dress coat and on the
shirt collar;
ii. four rows of ½ inch gold braid on each sleeve of the dress coat;
and,
iii. a hat visor that will contain gold rank embroidery.
b. Major
i. gold oak leaves worn on each shoulder of the dress coat and on
the shirt collar;
ii. three rows of ½ inch gold braid on each sleeve of the dress coat.
b. Captains
i.two gold bars worn on each shoulder of the dress coat, and on
the shirt collar.
ii. two rows of ½ inch gold braid on each sleeve of the dress coat.
c. Lieutenants
i. one gold bar on each shoulder of the dress coat and on the shirt
collar.
ii. one row of ½ inch gold braid on each sleeve of the dress coat.
d. Sergeants
e. Corporals
K. Prohibitions
1. A mixture of uniform and civilian clothing is prohibited either on or off duty.
This includes the wearing of the Department-issued baseball-style cap. Non-
identifiable uniform items may be worn with civilian clothing when officers
are arriving or leaving for tour of duty.
I. POLICY
II. PURPOSE
III. DEFINITIONS
A. Appropriate Supervisor: shall be a supervisor who was either present or has first-
hand knowledge of the exemplary act being nominated. In situations where there
was neither a supervisor present, nor a supervisor with first-hand knowledge of the
act being nominated, the officer’s immediate supervisor shall be deemed the
appropriate supervisor.
F. Life Saving Award: Award provided to sworn and non-sworn personnel. It shall be
given only in cases where the employee was considered instrumental in directly
contributing to the saving of a human life. This award will consist of an award
certificate, a letter of commendation from the Chief of Police, and a pin that may be
displayed on the uniform. In addition, the employee will be nominated to represent
the police department in a formal City awards ceremony.
I. The Purple Heart Medal: Awarded to a department member who sustains a serious
physical injury as a result of hostile behavior by another using a deadly weapon or
dangerous instrument; or posthumously to a member of the department who is killed
in the performance of duty; or under conditions wherein an award of the Medal of
Valor or Meritorious Police Service Award has been made for the act wherein the
serious physical injury was sustained by any means. The department member will
receive a certificate and be issued a Purple Heart medal.
IV. PROCEDURE
1. Supervisor’s Nomination
c. The Chief of Police shall then forward the nomination form containing
his decision in writing, along with award file, to the appropriate
Division Commander with the materials needed to present the
approved award(s).
f. The Chief of Police shall have final authority over the type of award
and recognition received by the employee.
2. Employee Nomination
d. The Chief of Police shall forward the nomination form containing his
decision in writing, along with the award file, to the appropriate
Division Commander. That Division Commander shall coordinate the
notification and issuance of the approved award to the honored
employee.
f. The Chief of Police shall have final authority over the type of award
and recognition received by the employee.
B. Press Release
2. All awards shall be posted on the police department personnel bulletin board
for 30 days following the issuance of an award.
D. Wearing of Pins
1. The wearing of awarded Life Saving, Meritorious Police Service, and Metal
of Valor pins is optional for the uniform of the day and may be worn on the
uniform indefinitely. The awarded pins shall be centered above the right
pocket above approved plates and below other approved non-rectangular pins,
such as the American flag and accreditation pin.
2. One awarded pin each for Life Saving, Meritorious Police Service, and the
Metal of Valor may be worn on the uniform at any one time. These pins shall
be placed above one other, centered above the right pocket above approved
plates and below other approved non-rectangular pins, such as the American
flag and accreditation pin.
3. The wearing of awarded pins shall be mandatory with the formal Dress
Uniform.
Date:
Location of Incident:
Nominated by:
Award Type Nominated: Officer of the Month Award Non-Sworn Employee of the
Month Award Commendation Award Life Saving Award Meritorious Police
Service Award Medal of Valor Purple Heart Medal Award
Comments:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Comments:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Comments:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Approved Disapproved
Award Type: Officer of the Month Award: Non- Sworn Employee of the Month Award
Commendation Award Life Saving Award Meritorious Police Service Medal of Valor
Purple Heart Medal
I. POLICY
It is the policy of the Chief of Police of the Charlottesville Police Department to be aware
of and to proactively address all concerns and misperceptions of the employees of the
department in an effort to create the best working conditions possible.
II. PURPOSE
The purpose of this directive is to provide guidelines for the establishment and operation
of a Command Advisory Board (CAB) to assist the Command Staff in recognizing and
addressing issues and concerns of the rank and file employees of the police department.
This policy is not to be used to circumvent normal reporting procedures and or the chain
of command.
III. DEFINITIONS
A. Command Advisory Board – The CAB is a fifteen (15) member board comprised of
rank and file police employees. The board consists of a Chairperson, individual
representatives of Operations, Investigations, Support Services, and Administrative
Services. This board will receive, compile, discuss and then forward issues that affect
the police employees to the Assistant Chief of Police, who will regularly advise the
Chief of Police concerning all matters. The CAB also receives feedback and other
communications from the Chief, Assistant Chief, and other Command Staff members,
that shall be delivered to the rank and file of the police department in a timely
manner.
B. Mission Statement – The mission of the CAB is to allow the rank and file to have
input and offer solutions to issues raised, as well as to facilitate effective two-way
communication between Command Staff and all department employees.
IV. PROCEDURE
A. Goals of the Command Advisory Board are to:
1. Advise Command Staff of the opinions, concerns and priorities of the rank
and file police employees;
I. POLICY
It shall be the policy of the Charlottesville Police Department to limit departmental
access to authorized personnel only. This policy will identify who is authorized to access
the building without escort and who may enter when escorted by an authorized
individual.
II. PURPOSE
The purpose of this policy is to maintain the safety and security of all police personnel
and citizens who transact business in our facility by controlling access to the Police
Department. For all purposes of this policy, the Chief of Police shall be the official
custodian of records prepared for or in connection with the activities that are the subject
of this Policy or that are in the possession of the Police Department for purposes of such
activities.
III. DEFINITIONS
A. Police Department: is defined as that location identified as 606 East Market Street
Charlottesville, VA as well as satellite locations, including, without limitation: to
include the Forensic Office located on 7th St. NE, all parking garages in which
space is reserved for use by Police Department Personnel, and any other premises
or facility used exclusively by the Charlottesville Police Department and its
invitees.
B. Camera: refers to any device utilized for or in the collection of data in the form of
visual and/or audio recordings; the term includes, without limitation, components
of any closed circuit television (CCTV) system used to collect and store images or
sound.
C. Recording: used in this policy, refers to the data compiled and stored by a camera.
D. Designee: means an individual authorized by the Chief of Police to act on their
behalf or in their absence.
A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational and
I. POLICY
It shall be the policy of the Charlottesville Police Department to limit departmental
access to authorized personnel only. This policy will identify who is authorized to access
the building without escort and who may enter when escorted by an authorized
individual.
II. PURPOSE
The purpose of this policy is to maintain the safety and security of all police personnel
and citizens who transact business in our facility by controlling access to the Police
Department. For all purposes of this policy, the Chief of Police shall be the official
custodian of records prepared for or in connection with the activities that are the subject
of this Policy or that are in the possession of the Police Department for purposes of such
activities.
III. DEFINITIONS
A. Police Department: is defined as that location identified as 606 East Market Street
Charlottesville, VA as well as satellite locations, including, without limitation: to
include the Forensic Office located on 7th St. NE, all parking garages in which
space is reserved for use by Police Department Personnel, and any other premises
or facility used exclusively by the Charlottesville Police Department and its
invitees.
B. Camera: refers to any device utilized for or in the collection of data in the form of
visual and/or audio recordings; the term includes, without limitation, components
of any closed circuit television (CCTV) system used to collect and store images or
sound.
C. Recording: used in this policy, refers to the data compiled and stored by a camera.
D. Designee: means an individual authorized by the Chief of Police to act on their
behalf or in their absence.
A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational and
I. POLICY
II. PURPOSE
The purpose of this policy is to establish guidelines for police employees engaged in off-
duty and/or extra-duty employment.
III. DEFINITIONS
A. Conflict of Interests: Conflict of Interests involves any conflict of interests as defined
by the Virginia Conflict of Interests Act or any other act that presents a conflict
between an employee’s personal interest and the policies, values, and image of the
Charlottesville Police Department as determined by the Chief of Police.
B. Off-Duty Employment: Off-Duty employment is secondary employment held by an
employee that is outside employment wherein the use of law enforcement powers is
NOT anticipated or utilized. (e.g., working in construction; sales; etc.)
C. Extra-Duty Employment: performed for compensation that involves, as part of such
employment or service, providing security, protection, or traffic control to persons or
property, especially where the use of force or the exercise of law enforcement
authority granted by the Commonwealth of Virginia and/or the City of Charlottesville
may occur.
D. House Rules: a rule that applies only among a certain group or in a certain place
(e.g., night club, bar, or restaurant).
V. EMPLOYEE GUIDELINES
A. Pay and Compensation Issues
1. The Chief of Police may establish a minimum hourly pay rate to be charged
for extra-duty employment.
2. Police employees are prohibited from acting as employment agents receiving
compensation for procurement of extra-duty jobs for other police employees.
I. POLICY
The Charlottesville Police Department subscribes to the concept that the law enforcement
profession requires a high degree of physical fitness in order to appropriately perform
quality-policing functions.
II. PURPOSE
To identify the resources that are available to Department personnel that can assist them
in attaining and maintaining a level of general health and physical fitness that is
necessary to be physically fit for duty at all times.
III. PROCEDURE
A. As part of the Department hiring/selection process, all applicants who are offered
employment are provided a medical examination and physical agility test. This
establishes a base line for future health examinations and fitness levels.
B. During basic recruit training at the local regional criminal justice training academy,
newly hired recruit officers participate in a physical training program. Recruit officers
are encouraged to continue their level of fitness throughout their professional law
enforcement career.
C. Each officer is personally responsible for their own level of conditioning and ensuring
that they are always fit for duty. As part of the City of Charlottesville’s benefit
program, a health care program is provided free of charge to all employees. Officers
are strongly encouraged to take advantage of the benefits that are provided under their
individual health care program. A discussion with the employee’s health care
provider will assist the officer in determining the appropriate timing schedule based
on his or her age and condition.
D. The City of Charlottesville’s Department of Human Resources provides employees
with a choice for enrolled participation in a number of physical fitness training
programs. Officers are encouraged to maximize their use of the facility to develop
and maintain a personal level of physical conditioning. Facility training staff
I. POLICY
The Charlottesville Police Department is committed to providing comprehensive
instruction and performance-based training to all members on topics of law enforcement
tactics and procedures, policy issues, legal procedures, oral and written communication,
cultural diversity, human relations, and professional development. Each supervisor and
commanding officer will assess the professional training and development needs of their
subordinates and facilitate improvement opportunities.
II. PURPOSE
The purpose of this policy is to establish personnel development and training
responsibilities for basic and recertification requirements. The policy also establishes
administrative procedures for requesting, scheduling, attending and documenting training
activities, as well as establishing performance-based standards of evaluations.
III. DEFINITIONS
A. Intra-Department Training - Training that is usually coordinated through the
Training Bureau supervisor to address issues of a special concern to the Department
or to raise performance to a higher level of desired achievement. When practical the
Training Bureau Supervisor or Officer shall apply for DCJS certification of the intra-
department training.
B. In-Service Training - DCJS mandates 40 hours of biyearly retraining in topic areas of
legal issues, cultural diversity and career development for all sworn law enforcement
officers. In-service training is approved and certified by DCJS.
C. External Training - Training opportunities offered through other police agencies,
training agencies or institutes that may be utilized to enhance individual development
and to satisfy training or certification needs that are not available through the local
criminal justice training academy. External training often may not be pre-approved
or certified by DCJS.
1
04/19/00 – IV.F.1p) – Revised [Add/Delete]
c. a supervisors recommendation;
d. the number of hours of officer and/or replacement overtime involved in the
an estimate of costs; and
M. Appearance
1. Department personnel attending approved training will be appropriately
attired to represent the Department in a positive way. Clothes shall be clean, neat,
in good repair and properly fitted. Each member shall practice good personal
hygiene. Appropriate attire includes:
a. Duty uniform
b. Utility uniform
c. Business attire
2. Business attire may be defined as dress pants, shirt, tie, jacket (available) for
men and slacks or dress suit, dress or skirt and blouse for women.
3. Acceptable casual business attire shall include open neck shirt with collar,
such as golf or oxford shirt, slacks and shoes for men and women may wear
casual slacks and blouses.
4. Gym or athletic wear will be appropriate only for those activities directly
related to physical or tactical training.
5. Inappropriate attire includes, but is not limited to blue jeans, shorts, very short
skirts, tee-shirts, tank tops, sweatshirts, open toe sandals, tennis shoes (unless
authorized by the instructor for special reasons)
Note: The instructor must indicate a special dress code need in the lesson
plan for inappropriate attire to be worn, e.g. physical activity to be
performed, role play, etc.
Note: This directive is for internal use only and does not enlarge an officer’s
liability in any way. It should not be construed as the creation of a higher
standard of safety or care in an evidentiary sense with respect to third party
claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.
I. POLICY
II. PURPOSE
The Program has been developed in an effort to train new officers in accordance to the
requirement’s and standards of the Commonwealth of Virginia Department of Criminal
Justice Services and the Charlottesville Police Department. The purpose of this policy is
to establish procedures and requirements for the Field Training program.
III. PROCEDURE
A. Organization of the Field Training Officer (FTO) Program
1. The administration of the Field Training Program shall be placed in the Field
Operations Division, under the authority of the Field Operations Division
Commander and shall be organized as follows:
ii. Shall be responsible for the daily operation of the program, with the
supervision of the FTO’s being the responsibility of the Patrol Shift
iii. Shall be responsible for planning, directing and evaluating field training
assignments and any changes in such assignments;
iv. Shall work closely with the Field Training Program Sergeants to determine
and correct any performance deficiencies and make recommendations for
retraining, extension, release, or dismissal of a trainee to the FOD
Commander;
vi. Shall periodically provide the Field Operations Commander status updates
relating to the FTO Program; to include trainee progress.
ii. Shall ensure that the training and evaluation processes are completed.
Various sources of information should be utilized to achieve these goals,
including, but not limited to, daily observation reports (DOR’s), oral
communications with FTO’s and shift personnel, tests, and personal
observations of probationary officer's performance;
iii. Responsible for the review of the probationary officer's Field Training Task
Checklist and the DCJS mandated B-13 check-off sheet to ensure they are up
to date, show adequate progression, and are properly filled out;
vi. The FTO Sergeant will review and sign all DOR’s for each trainee assigned
to their respective shift and shall meet with the FTO’s and trainee at least
twice during that same time period. At the end of each phase of progression
the FTO Officer ill document in a memorandum to the FTO Commander and
the FTO Sergeant, the trainee’s overall performance along with their
ii. Shall be responsible for the daily training and evaluation of the probationary
officer(s) assigned to him/her;
iii. Are the essential means by which the goals of the field training program are
achieved, specifically, a law enforcement officer capable for working in a solo
assignment in a safe, skillful, productive and professional manner;
iv. Have two primary roles to fulfill; that of a police officer assuming full patrol
responsibility and that of a trainer and evaluator of probationary officers;
vii. May be appointed as a mentor to the trainee while the trainee is enrolled in the
academy. If appointed, the FTO shall meet with the trainee routinely to
identify any needs or remedial training in any given area;
viii. FTO’s who are not Corporals, may be released from his/her FTO duties at the
officer’s own request, by transfer of assignment out of the Patrol Bureau, or
removal by the FTO Program Commander upon approval by the Field
Operations Division Commander.
3. Upon approval of the Chief of Police, the FTO Commander shall issue an
6. The FTO Commander or their designee will coordinate the review process,
maintain a listing of officers applying for consideration to the vacant position(s) and
ensure that each phase of the candidate assessment process is job related.
7. The FTO Commander will select officers and/or FTO Supervisors to participate on
the interview panel.
8. The panel shall interview the candidates using pre-established questions and
complete an individual Candidate Scoring Sheet on each candidate.
9. Scores from the interview will be forwarded to The FTO Commander. The FTO
Commander will review with FTO Sergeants for input on the candidates’
demonstrated ability to perform the duties required of the position of Field Training
Officer. The FTO Commander may also consult with others before making a final
recommendation. Once the FTO Commander has his final recommendation he will
forward the names in alphabetical order along with comments and recommendation
to the Field Division Commander. The Field Division Commander will then review
the recommendation and forward it to the Chief of Police with comments and
recommendation for officer(s) selection to the open position(s).
10. The FTO Commander will maintain all scores, review forms, notes, and comments
on the candidates during the 12 months that the list is active. After the 12 month
period the results shall be forwarded to the training office for archive.
11. Upon a selection decision by the Chief of Police, the FTO Program Commander
will notify each candidate in writing.
12. An eligibility list of qualified candidates not selected from the process will remain
in effect for a period of 12 months from the date of the oral interviews.
3. The probationary officer will be assigned to one of three Patrol Bureau shifts and to
a Field Training Officer. An assignment to a new shift shall also bring about the
assignment of a new Field Training Officer.
6. The Field Training Officer will sign and date each objective completed by the
probationary officer on the DCJS Field Training: Law Enforcement Form B-13. This
form will be provided to the FTO by the FTO Commander at the end of the first
phase of training and will be returned to the FTO Commander after the final phase of
training.
2. The FTO Phase Progression Review Panel shall review the probationary officer’s
performance/progress and provide a recommendation to the FTO Commander
regarding the probationary officer’s progression to the next phase of training.
3. The probationary officer will be notified of his/her progression status in person at the
FTO Phase Progression Review Panel meeting. The FTO Commander will maintain
a written progression memo for each probationary officer subject to review by the
Field Operations Division Commander.
6. All documentation will be compiled and forwarded to the Training Bureau for filing
upon exit of the FTO program by the probationary officer.
I. POLICY
To identify, recover, process for evidence, document and return to the rightful owner all
stolen vehicles located within the City of Charlottesville.
I. POLICY
All employees will participate in the continuous evaluation of quality improvement of our
services. The Accreditation and Compliance Officer or a member of the Department
designated by the Chief of Police is authorized to perform internal audits at the direction
of the Chief of Police and in response to Command Staff requests.
II. PURPOSE
The purpose of this directive is to implement an internal staff inspection, which shall be
used as an independent appraisal activity for the review of operations as a service to
management. The purpose of staff inspections is to assist the management staff in the
effective discharge of their responsibilities by furnishing them with analysis, appraisals,
and recommendations concerning the activities reviewed during an inspection process.
The goal of a staff inspection is to assist management by verifying or improving the
quality of service delivery within the organization.
III. DEFINITIONS
A. Line Inspections - Generally, line inspections are on-going activities conducted by
Division, Bureau, Unit and Section Commanders and supervisors to ensure that
employees are acting in concert with Departmental policies and procedures in such
areas as personal appearance, use and maintenance of equipment, adherence to rules,
regulations, directives and orders and to learn the status and condition of physical
facilities. As an example, a line inspection may determine if patrol officers are
checking their vehicles at the beginning of their shift.
B. Staff Inspections - Staff inspections are conducted at the direction of the Chief of
Police and in response to administrative staff requests. The Chief of Police will
appoint and give authority to a person at their discretion to conduct the staff
inspection. A staff inspection is an internal audit that examines and evaluates the
adequacy and effectiveness of organizational systems and the quality of performance
in carrying out assigned responsibilities. As an example, a staff inspection may look
IV. PROCEDURE
A. Staff Inspections
1. The scope of staff inspection responsibilities encompass the examination and
evaluation of the adequacy and effectiveness of organizational systems and the
quality of performance in carrying out assigned responsibilities. Staff inspections
may include the listed categories:
a. Reliability and Integrity of Information - Staff inspections should review the
reliability and integrity of information and the means used to identify,
measure, classify and report such information.
b. Compliance with policies, plans, procedures, laws and regulations- Staff
inspections should review the systems established to ensure compliance with
those policies, plans, procedures, laws and regulations which could have a
significant impact on operations and should determine the degree of their
compliance.
c. Safeguarding of Assets - Staff inspections should review the means of
safeguarding assets and, as appropriate, verify the existence of such assets.
d. Economical and Efficient Use of Resources - Staff inspections should appraise
the economy and efficiency with which resources are employed.
e. Accomplishment of Established Objectives - Staff inspections should ascertain
if the Bureau/Shift/Unit/Section is operating according to policy, procedure
and directives.
2. Areas to be inspected:
a. facilities;
b. equipment;
c. vehicles;
d. policy and procedures;
e. files and records;
f. service delivery quality.
3. Methods Used to Gather Information:
a. personal observations by staff inspector(s);
b. interviews with component personnel;
c. interviews with internal and external customers of the component;
d. command records.
B. Line Inspections
1. Line Inspections are on-going daily activities. Bureau, Shift, Unit and Section
supervisors have the responsibility to ensure that employees are acting in concert with
Departmental policies and procedures in such areas as personal appearance, use and
maintenance of equipment, adherence to rules, regulations, directives, orders, fitness
for duty, etc. This can be accomplished by observation of employees during daily roll
calls, line-ups, or routine interactions. Further, line inspection is to identify the
current status and conditions of physical facilities. Additionally, the inspection
process should also be utilized to identify exemplary performance by employees.
2. Bureau, Shift, Unit and Section commanders are given the authority to conduct line
inspections as an ongoing activity and are responsible for annual reporting of both
conditions and performances, and where the conditions are sub-standard ensuring that
appropriate corrections are made. Additionally, exemplary performance by employees
should be noted.
3. Bureau, Shift, Unit or Section Supervisors shall utilize Charlottesville Police
Inspection Forms and Evaluation Forms annually to report inspections results and
exemplary performance and should include, at a minimum:
a. General appearance of employees;
b. Conditions of assigned equipment;
c. Exemplary performance.
4. Deficiencies noted should be addressed and corrected as soon as practical. Problems
or conditions requiring correction beyond the supervisor’s control will be reported to
the appropriate authority, and noted on the following annual report.
I. POLICY
Department owned property, including capital assets, which have been either purchased
or otherwise obtained by the Department, shall be received and placed into inventory in a
standardized manner. When such property is stored, it shall be maintained in a state of
operational readiness.
II. PURPOSE
The purpose of this directive is to provide guidelines for receiving, storing and the
maintenance of stored Department owned property that is used by the Charlottesville
Police Department in furtherance of its operational needs.
III. DEFINITION
A. Department Owned Capital Asset: Machinery, equipment, and vehicles having a
value in excess of $10,000.00.
IV. PROCEDURES
A. The Department Division Commanders shall ensure that their component commands
establish procedures for the reception, storage and security of Department owned
property and maintaining the property in operational readiness.
B. Department owned property required to be stored in operational readiness is
equipment that is only used during unusual occurrences. This equipment is as
follows:
1. SWAT Equipment (equipment that is designated to be used by SWAT personnel)
2. Riot Batons and Shields
E. Members who are assigned Department owned property shall be accountable for its
maintenance and operational readiness.
I. POLICY
Discipline is a process of imposing formal sanctions, which will help train or develop an
employee, preferably through positive and constructive methods, rather than punitive
measures. Discipline in the Charlottesville Police Department involves positive
corrective measures (e.g. training and/or counseling) and as a last resort, punitive action.
All disciplinary actions taken under this General Order are subject to, and must be
administered in accordance with the City of Charlottesville Human Resources
Regulations and Code of Virginia (Law Enforcement Officers’ Procedural Guarantees.)
II. PURPOSE
The purpose of this directive is to establish the Department’s disciplinary process and to
provide commanders with a structured decision-making model for determining
appropriate discipline. This matrix represents the Department’s effort to standardize
disciplinary recommendations. By adopting a prompt, consistent and fundamentally fair
process, the Department maintains a high level of INTEGRITY, FAIRNESS and
SERVICE to the citizens of the City of Charlottesville and members of the Department.
This matrix is not intended to be the sole consideration for recommending action for any
given violation. Regardless of the recommendations of supervisors, the Chief of Police is
the final authority to approve and recommend all discipline in the Charlottesville Police
Department.
V. PROCEDURE
A. The purpose of discipline is to correct inappropriate behavior. Commanding Officers
should not take any single fact out of context, but should consider all of the facts prior
to assessing discipline
The primary purpose of discipline is to correct, not to punish. Therefore, the least
intrusive measure that serves to correct the inappropriate behavior should be used
whenever possible.
Escalating factors may raise the original category to any level deemed necessary.
These factors include:
1) Employee motive
2) Degree of culpability
3) Truthfulness
4) Disciplinary history
5) Severity of infraction
E. Degree of violations and disciplinary options - Violations are classified into broad
categories of infractions based on progressive degrees of severity. Category “A”
articulates the lowest level violation. Repetition of similar violations or first offenses
of more serious violations will lead to progressively higher penalty ranges of B, C, D,
E, or F.
F. Discharge from the Department – Upon the decision to dismiss an employee, the
Chief of Police shall send the dismissed employee by certified mail, receipt requested,
a letter, which states the grounds for the dismissal and the employee’s rights. The
letter will precede by at least ten (10) calendar days the effective date of dismissal.
Description
Discipline Options
Letter of reprimand
Corrective Action
Involuntary Restitution
Combination of any three (3) sustained Category C violations within thirty-six (36)
consecutive months enhances the third (3rd) violation to Category D
Discipline Options
Letter of reprimand
Corrective Action
Involuntary restitution
Description
Combination of any two (2) sustained Category D violations within thirty-six (36)
months enhances the second (2nd) violation to Category E
Discipline Options
Corrective Action
Involuntary Restitution
Description
Discipline Options
Demotion
Dismissal
Description
Discipline Option
Dismissal
G. APPEALS PROCESS
Members of the Department may appeal a disciplinary decision through the City of
Charlottesville Grievance Procedure (See City of Charlottesville Employee
Handbook, Section 6, pages 1-8.)
In addition, sworn police officers may avail themselves to the use of either the
City of Charlottesville Grievance Procedure or the Law Enforcement Officers’
Procedural Guarantees, Code of Virginia §9.1-500 through §9.1-507, but not
both.
I. POLICY
The integrity of the Charlottesville Police Department depends on the personal integrity
and discipline of all employees, both individually and collectively. The public’s
perception of the effectiveness of the Department is to some extent determined by the
prompt and concerned response of the Department to allegations of misconduct or
improper activity by its employees both on and off duty. Public perception of the fairness
and thoroughness of the internal affairs process will impact the confidence the
community has in the Department’s ability to investigate its member’s conduct. As such,
the Department will work to ensure open and transparent investigations. The Department
recognizes that part of the responsibility for ensuring that the Department maintains high
standards of service to the community should be a systematic effort to identify and
address potential problems with employee misconduct before a citizen feels compelled to
complain. Providing a procedure to address employee misconduct identified through
internal processes will hopefully encourage professional conduct throughout the
organization.
Investigation of complaints against employees of the Department will be conducted with
the strictest confidentiality, keeping in mind the rights, concerns, and privacy of all
parties involved. All complaints will be investigated in a fair and impartial manner and
under no circumstances shall this policy be used arbitrarily or for arbitrary purposes, or in
a manner inconsistent with the mission and values of the Charlottesville Police
Department, or in a manner inconsistent with the law.
II. PURPOSE
III. DEFINTIONS
B. Inquiry: A matter of concern brought forth to the department, which does not rise to a
violation(s) of departmental policy and/or a violation of the law. (Also referred to as
Service Related Inquiry).
C. Garrity Warning: The Garrity Warning advises subjects of their criminal and
administrative liability for any statements they may make. For purposes of this policy,
the term “Garrity Warning” refers to the following statement provided to
Charlottesville Police Department employees pursuant to Section V this policy: Under
the decision in Garrity v. New Jersey (385 U.S. 493 1967), the information you
provide for this administrative investigation cannot be used against you in any
criminal proceeding, and by answering questions in connection with the investigation
you are not waiving any of the rights guaranteed to you by our State or Federal
Constitutions. However, you are hereby advised that your statements may be used
against you in subsequent administrative proceedings. If information gathered during
the investigation indicates wrongdoing or violation of departmental policy by you,
then that information, including your own statements, may provide grounds for
dismissal, demotion, suspension or other disciplinary action.
D. Miranda Warning: In the decision of Miranda vs. Arizona (1966) the “Miranda
Warning” is an advisement given to anyone who is in police custody and being
asked to provide a statement to law enforcement. The Miranda Warning advises
a person of their right to refuse to answer questions or provide information to
law enforcement or other officials.
Note: Complaints received after twelve months shall not be investigated; unless
the allegation states conduct which would constitute criminally felonious
conduct (e.g. felony assault, grand larceny, or rape).
2. Every effort shall be made to facilitate the convenient, courteous, and prompt
receipt and processing of citizen complaints. An employee of the department,
who interferes with, discourages, or delays the making of a complaint shall be
subject to disciplinary action.
3. Any and all complaints regarding the conduct of any member of this department
shall be recorded on a Citizen Complaint Form (CPD-30). All complaints,
regardless of nature, can be logged in person, by mail, by email, or by telephone.
As part of the follow-up investigation, persons making complaints by mail,
email, or telephone normally shall be interviewed and requested to complete and
sign the written Citizen Complaint Form to the extent possible (CPD-30).
Anonymous complaints shall be investigated in accordance with this procedure,
but only to the extent possible based on the facts of the complaints.
4. A department member receiving a citizen complaint through the U.S. Mail shall
place the original correspondence and accompanying envelope in a sealed
envelope and forward it to the Internal Affairs Investigator, who will determine
investigative responsibility. A copy of the complaint or service related inquiry
shall be forwarded to the Office of the Chief of Police and the respective
Division Commander.
1
Blacks’ Law Dictionary (Sixth Edition), p 901.
2
Merriam-Webster On line Dictionary, www.webster.com.
GO 517.01 – Internal Investigations and Citizen Complaints 3
Rev: 02/19/21
5. A department member receiving a citizen complaint through email shall place a
copy of the correspondence in a sealed envelope and forward it to the Internal
Affairs Investigator, who will determine investigative responsibility. A copy of
the complaint or service related inquiry shall be forwarded to the Office of the
Chief of Police and the respective Division Commander.
6. The supervisor receiving the complaint shall ensure that their name and
assignment, as well as the date and time the complaint was received, is recorded
on the Citizen Complaint Form.
7. Once the complainant completes and signs the Citizen Complaint Form, the
receiving supervisor shall provide the complainant a copy of the completed
Citizen Complaint Form and the telephone number of the Internal Affairs
Office.
8. If the supervisor determines that the complainant appears under the influence of
an intoxicant or drug or displays any trait or condition bearing on their
credibility, the supervisor shall note these conditions on the Citizen Complaint
Form. Any visible marks or injuries relative to an allegation of physical injury
shall be noted and photographed. Photographs shall be taken for any force
complaint whether or not there is visible injury.
10. In the event of extraordinary circumstances where the person receiving a Citizen
Complaint Form (CPD-30) is not a supervisor, the original report shall be
immediately forwarded to the Internal Affairs Investigator. The employee will
record the date and time they received the report and sign the report
acknowledging its receipt. A copy of the complaint or service related inquiry
shall be forwarded to the Office of the Chief of Police and the respective
Division Commander.
C. Complaint-handling procedures
All received original copies of complaints shall be immediately forwarded to the Internal
Affairs Investigator. A copy of the complaint or service related inquiry shall be forwarded to
the Office of the Chief of Police, the respective Division Commander and the Executive
Director of the Police Civilian Review Board (PCRB).
2. Once the Chief of Police or their designee and the division commander or
their designee reviews the complaint form, it is to be signed, dated, and
forwarded to the Internal Affairs Lieutenant for inclusion in the
administrative file.
3. The Internal Affairs Investigator shall review the complaint, record the
complaint for tracking purposes, and assign investigative responsibility.
10. Upon receipt of the complaint, the first-line supervisor responsible for the
investigation shall have 45 days in which to complete the investigation.
Investigations shall exceed the 45-day limit only upon approval by the
Chief of Police. If an extension is granted, the assigned supervisor shall
promptly notify the Internal Affairs Investigator in writing of the extension.
The assigned supervisor shall promptly notify the complainant and named
employee in writing of the continued investigation every 30 days from
receipt of the complaint, until the investigation is completed.
11. The Internal Affairs Investigator shall have 45 days in which to complete
assigned investigations. Investigations shall exceed the 45-day limit only
upon approval by the Chief of Police. The assigned supervisor shall
promptly notify the complainant and named employee of the continued
investigation every 30 days from receipt of the complaint, until the
investigation is completed.
12. Once the investigation is completed and a finding is reached, the case file
shall be forwarded to the Chief of Police through the investigating
supervisor’s chain of command.
13. Upon the Chief's review and approval, the case file will be returned to the
Internal Affairs Investigator for disposition notifications and filings.
a. The Internal Affairs Investigator shall forward the case file to the
employee's Commanding Officer to seek a recommendation for
discipline. The employee’s chain of command, beginning at the
GO 517.01 – Internal Investigations and Citizen Complaints 7
Rev: 02/19/21
employee's first line supervisor, shall submit a written disciplinary
recommendation in accordance with department Disciplinary Procedures
(General Order 517.00). After completing the disciplinary
recommendation, the Division Commander shall forward the file to the
Chief of Police for final approval.
V. PROCEDURES: Investigative
Two types of investigations may be initiated: administrative and criminal. Different rules
govern interviews of employees in each case. Before any interview, the employee under
investigation shall receive a confidential written notice of the complaint, along with a
Garrity Warning for administrative investigations, or a Miranda advice of rights for criminal
investigations.
c. The inquiry involves an incident and/or complaint and the inquiry will
be conducted in accordance with departmental policies and procedures
on the date and time indicated.
3. The Chief of Police shall determine whether the initial investigator will
continue with a parallel administrative investigation of the employee’s
alleged non-criminal conduct.
2. advise the employee that if they assert their right not to answer questions, no
adverse administrative action will be taken based upon the refusal.
In addition to interviews of the employee and witnesses, the Chief of Police may require
other activities in support of a complaint investigation or internal investigation. Such
decisions are not to be made arbitrarily by the Chief but shall take into account the nature of
the investigation and the rights, duties, and responsibilities of the Chief’s position and the
rights, duties, and responsibilities of the employee. Such procedures may include, as
permitted by law, the following:
2. Drug and alcohol screenings will be conducted in accordance with the City's
substance abuse policies and procedures and in accordance with the Code of
Virginia § 9.1-501.
D. Polygraph
3. The results of the polygraph examination shall not be used as the sole basis
for disciplinary or other employment action.
4. Any polygraph examination given under the provisions of this order shall be
administered by a private contractor licensed to administer polygraph
examinations in the Commonwealth of Virginia. This person may be a
licensed examiner from another law-enforcement agency. No employee of
this department shall administer an examination to another employee.
F. Workplace Searches
C. The complaints and internal investigative files shall be kept in a secure area and
shall be retained in accordance with the Library of Virginia's minimum records
retention period applicable to those records. Thereafter, no such records shall be
destroyed unless the Chief of Police, following consultation with the City
Attorney, determines that there is no further agency need, legal or administrative,
to maintain the records.
D. The Chief of Police shall direct a periodic audit of complaints to ascertain a need for
training or a revision of policy.
A. The Fourteenth Amendment to the Constitution provides that a citizen may not be
deprived of "life, liberty, or property, without due process of law." Public
employees have a limited property interest in continued employment sufficient to
require due process in any administrative proceedings that might result in
suspension or dismissal.
I. POLICY
It shall be the policy of the Charlottesville Police Department to forward all accidents
involving Charlottesville Police Department owned or leased vehicles to the Accident
Review Board for a finding of “Avoidable” or “Unavoidable.” However, nothing in this
order shall preclude any departmental accident involving some other act of misconduct to
be investigated and resolved within the Internal Affairs process.
II. PURPOSE
The purpose of the Accident Review Board is to provide consistency in the findings of
accidents investigated involving Charlottesville Police Department owned or leased
vehicles in accordance with General Order 542.01 and to maintain records of these
accidents.
III. PROCEDURE
A. Accident Review Board composition
1. Chairperson – Traffic Section Supervisor
2. Sworn police department supervisor
3. Police officer/detective
(In the event of the Traffic Unit supervisor being the investigating officer
of an accident scheduled for review, the senior police officer assigned to
the Traffic Unit shall be designated as the temporary chairperson.)
B. Accident Review Board Responsibilities
1. Review all accidents involving Charlottesville Police Department owned or
leased vehicles upon completion of supervisor’s investigation.
2. Make a finding of “Avoidable” or “Unavoidable.”
4. A copy of the file that resulted in disciplinary action of category "B" through
"F" will be forwarded to the Internal Affairs Office, in compliance with Series
Number 10233 of the Library of Virginia's Records Management and Imaging
Services Division.
D. Course of Action
1. All accidents will be investigated in accordance with General Order 542.01
2. The investigating officer will forward all accidents to the Accident Review
Board chairperson immediately upon completion of the investigation.
3. The Accident Review Board chairperson will immediately notify the involved
officer of the date, time and location of the hearing to afford the officer an
opportunity to appear.
4. The Accident Review Board may request the investigating supervisor to
appear before the board.
5. The Accident Review Board will convene and make a finding of the following
within ninety (90) days of receiving the accident from the investigating
supervisor:
a. Avoidable;
b. unavoidable;
(The officer’s accident history will not be considered by the
Accident Review Board when making a finding of avoidable or
unavoidable.)
6. The Accident Review Board chairperson will forward the Board’s finding and
officer’s accident history in writing to the officer’s immediate supervisor within
I. POLICY
It is the policy of the Charlottesville Police Department to promote a cooperative work
environment in which there exists mutual respect for all members of the Department.
Sexual harassment is an unwelcome behavior that erodes morale and rapport among
employees, and impairs employee’s work effectiveness. Sexual harassment is contrary to
the City of Charlottesville’s policy of equal employment without regard to sex and sexual
orientation. Sexual harassment is illegal under federal and state laws, and employee
conduct that results in sexual harassment of other employees will not be tolerated. Such
conduct will result in disciplinary action, including the possibility of termination of
employment.
II. PURPOSE
The purpose of this order is to embody the City of Charlottesville policy that every
employee is prohibited from engaging in conduct that results in sexual harassment of
other employee(s). This directive is designed to provide a procedure for addressing
complaints of sexual harassment occurring within the police department.
However, any police department employee who believes he or she is the subject of sexual
harassment in the workplace should contact his or her supervisor or other appropriate
City official (as defined within this policy) to make a complaint; such complaints will be
referred for investigation and resolution in accordance with all applicable laws, City
regulations and procedures.
III. DEFINITIONS
A. Sexual Harassment: For the purpose of this policy the term sexual harassment shall
mean any unwelcome conduct, such as verbal or written word(s), demand(s), or
action(s), of a sexual nature (including without limitation: any sexual advances;
requests for sexual favors; sexual comments, sexual jokes, sexual gestures, sexual
pictures or sexual innuendo) when:
V. PROCEDURE
A. Any member of the Department who believes that they are the subject of sexual
harassment or who becomes aware of an incidence of sexual harassment taking place
in the workplace, shall immediately file a complaint with an appropriate City official.
Every employee shall have the right to go outside of their chain of command, to the
City’s Director of Human Resources, to make a complaint of sexual harassment.
B. The complaint shall be in writing and shall document all pertinent facts, including the
name of the offending employee, the name(s) of any witnesses, the date(s) and
time(s) of the offending conduct, a description of the offending conduct and any other
supporting information the complainant can provide. If the reporting employee
declines to provide a written statement, the person to whom the report is brought shall
have the responsibility to document the complaint and initiate an investigation.
C. A supervisor, superior officer, or the City’s Director of Human Resources, after
receiving a complaint of sexual harassment, shall immediately notify the Chief of
Police through the chain of command. The Chief of Police shall immediately notify
the Director of Human Resources. The notification shall include a copy of the written
complaint. The Chief of Police shall review the details of the incident and assign the
matter for further investigation by the Internal Affairs Investigator or Director of
Human Resources or a combination thereof. In any case where a complaint alleges
sexual harassment as the result of the conduct of one or more person(s) within an
individual’s direct chain of command, the investigation shall be conducted by either
the Director of Human Resources or by one or more individuals within the
Department who are not subject to the immediate supervision or command of the
alleged harasser(s).
D. The investigation will be conducted in as confidential a manner as possible under the
circumstances and information obtained during the investigation will be shared only
on a “need to know basis”. City employees who will be privy to the contents of the
complaint and to the information gathered during an investigation shall include the
Chief of Police, the investigator(s), the Internal Affairs Investigator, the
complainant’s Commander, the alleged harasser’s Commander or head of the
Department of the alleged harasser, the City Attorney, the Director of Human
Resources and the City Manager.
I. POLICY
It shall be the policy of the Charlottesville Police Department that whenever any lawsuit,
regardless of its nature, is instituted by or against any member of the Charlottesville
Police Department that it be immediately brought to the attention of the Office of the
Chief of Police, and in certain cases, the City Attorney.
II. PURPOSE
The purpose of this directive is to establish guidelines for the handling of lawsuit papers
instituted by or brought against members of the Charlottesville Police Department and
claims against the City of Charlottesville. This order consists of the duties and
responsibilities for department members.
III. PROCEDURE
A. Lawsuits Instituted Against Department Employees as a Result of Official Duties
2. The City Attorney need not be notified in these cases unless so directed by
the Office of the Chief of Police.
A Department member shall immediately notify the Office of the Chief of Police in
writing whenever they initiate legal proceedings against a party as a result of an act or
injury that occurred while the member was performing their official duties. In addition,
the Department member shall personally notify the City Attorney and shall provide the
City attorney with a copy of the petition, motion for judgment, or other pleadings by
which the lawsuit was initiated.
A claimant shall be advised that the proper procedure under state law (Va. Code §15.2-
209) for filing a claim seeking compensation from the City for injury to persons or
property is by promptly filing a written notice with the City Attorney's office (or with
the Mayor or City Manager). The claimant can also be advised to call the office of the
City Attorney for information on the requirements of the written notice.
I. POLICY
It is the policy of the Charlottesville Police Department to adhere to the City of
Charlottesville’s Performance Evaluation Policy for evaluating the work performance of
its employees. The evaluation process is intended to meet the City of Charlottesville’s
evaluation guidelines as well as the needs of the Department.
II. PURPOSE
The purposes of an evaluation system serve both management and the individual
employee. Essentially, these are to foster fair and impartial personnel decisions, maintain
and improve performance, provide a medium for personnel counseling, facilitate proper
decisions regarding probationary employees, provide an objective and fair means for
measurement and recognition of individual performance in accordance with prescribed
guidelines and to identify training needs.
III. PROCEDURE
A. Probationary Period
1. Civilian Personnel
a. The period of probation for civilian personnel shall be for six months
from the employee’s date of employment, but may be extended based
upon performance.
2. Sworn Personnel
a. The period of probation for non-sworn personnel shall be twelve
months from the date of their regional academy graduation, but may be
extended based upon performance.
b. The period of probation for sworn Virginia certified officers shall be
twelve months from the date of hire, but may be extended based upon
performance.
I. PURPOSE
The purpose of this order is to establish the policy and procedure governing the administrative
suspension of a sworn employee’s police powers.
II. POLICY
It is the policy of the Charlottesville Police Department to suspend the police powers of any
officer whose continued presence on the job is deemed to be a substantial and immediate
threat to the welfare of the Department, the public, and/or themselves. The suspension of
police powers shall remain in effect until the employee receives written notification from the
Chief of Police or his designee, stating that the officer’s powers have been reinstated.
III. DEFINITIONS
IV. PROCEDURE
A. Any supervisor may recommend to a Shift Commander, their immediate supervisor, the
Division Commander or the Chief of Police that a sworn employee’s police powers be
suspended.
B. The Chief of Police, or such persons designated by the Chief, may suspend the police
powers of any sworn employee, upon a determination that the employee presents a
substantial and immediate threat to the welfare of the department, the public, or the
1. A letter shall be prepared advising the officer that their police powers are to be
suspended. The letter shall state the effective date of the suspension, the reason(s)
for the suspension, and will specify the officer’s pay status during the period in
which the police powers remain suspended. The letter will include a statement that
the officer will be required to surrender Department-issued weapons and equipment
for the time in which the police powers remain suspended. The Chief of Police or
such persons designated by them shall sign the letter and shall designate an
appropriate Division Commander to serve the letter.
2. The designated Division Commander shall serve the letter on the officer. The
designated Division Commander shall ensure that a copy of the letter is forwarded to
the Office of the Chief of Police.
3. The officer shall immediately turn in their badge, service weapon, ID, cap shield and
other appropriate equipment to the supervisor who serves the letter.
C. In each case in which an officer’s police powers are suspended under this policy, the
Chief of Police or their designee shall determine what the officer’s leave status shall be.
In making the determination, the Police Chief shall consider the factual circumstances
that form the basis of the police-power suspension, applicable City personnel and leave
policies, and the requirements of federal and state law.
E. Situations which may lead to the suspension of an officer’s police powers shall include
but are not limited to the following:
4. when an officer’s behavior indicates that they are unfit for duty; and
5. when other circumstances indicate that the officer presents a risk to the public, the
Department, or themselves.
I. POLICY
It is the policy of this agency to require that law enforcement personnel provide all
potentially exculpatory evidence to prosecutors. This information should be made
available to the prosecutor for a determination of whether said information is “Brady”
material prior to officer’s appearance in court.
II. PURPOSE
The purpose of this policy is to ensure that agency personnel are in compliance with the
United States Supreme Court decisions of Brady v Maryland (1963) and Giglio v United
States (1972) and their progeny. An agency and its personnel could be subject to liability
in Federal and State court for failing to disclose to a prosecutor any evidence that may be
favorable to a defendant.
III. DEFINITIONS
A. Duty to Disclose: The landmark decision of Brady v Maryland (1963) places an
affirmative constitutional duty on a prosecutor to disclose exculpatory evidence to a
defendant. This duty has been extended to police agencies through case law,
requiring law enforcement agencies to notify the prosecutor of any potential
exculpatory information.
B. Exculpatory Evidence/Brady Material: Evidence in the government’s possession that
is favorable to the accused and is material to either guilt or punishment, including
evidence that may impact the credibility of a witness.
IV. PROCEDURE
1. Officers are required to document all investigative activity involved in an
investigation, including exculpatory information.
5. When requested by the U.S Attorney’s Office, officers who are potential witnesses in
a federal case or signatories on a federal affidavit shall complete a Giglio
questionnaire in the presence of an AUSA. If based on the officer’s responses to the
questionnaire, the AUSA believes that potential Giglio material may exist; the AUSA
will discuss the responses with the U.S. Attorney’s Giglio Chief. The Giglio Chief
will then conduct any follow-up needed to make a final determination through our
Department’s Office of Professional Standards. The Office of Professional Standards
Commander shall advise the Chief of Police of all such inquiries.
6. Supervisors shall ensure that all sworn personnel are familiar with the requirements of
this policy and will stress the importance of credibility as an essential requirement of
being able to function as a police officer.
7. It shall be the policy of this department to remove from enforcement positions those
officers who have been investigated and found to have a sustained allegation(s) that
would likely impeach or otherwise disqualify their testimony.
2
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.
I. PURPOSE
The use of Social Media, such as Facebook and Twitter, are becoming more common in
our daily lives. This Department endorses the secure use of social media to enhance
communication, collaboration, and information exchange, streamline processes, and
foster productivity. This policy establishes this department’s position on the utility and
management of social media and provides guidance on its management, administration,
and oversight. This policy is not meant to address one particular form of social media, but
social media in general, as advances in technology will occur and new tools will emerge.
II. POLICY
Social media provides a new and potentially valuable means of assisting the Department
and its personnel in meeting community outreach, investigative, crime prevention, and
other police related objectives. This policy identifies potential uses that may be explored
or expanded upon by administrative and supervisory personnel. The Department also
recognizes the role that these tools play in the personal lives of Department personnel.
The personal use of social media can have bearing on Departmental personnel in their
official capacity. As such, this policy provides information of a precautionary nature as
well as prohibitions on the use of social media by Department personnel.
III. DEFINITIONS
A. Blog: A self-published diary or commentary on a particular topic that may allow
visitors to post responses, reactions, or comments. The term is short for “Web log.”
B. Page: The specific portion of a social media website where content is displayed, and
managed by an individual or individuals with administrator rights.
C. Post: Content shared on a social media site or the act of publishing content on a site.
D. Profile: Information that a user provides about himself on a social networking site.
F. Social Networks: Online platforms where users can create profiles, share information,
and socialize with others using a range of technologies.
H. Web 2.0: The second generation of the World Wide Web focused on shareable, user-
generated content, rather than static web pages. Some use this term interchangeably
with social media.
I. Wiki: Web page(s) sharing information that is intended to be factual that can be edited
collaboratively and is not vetted by an official source or company.
I. POLICY
The Charlottesville Police Department views sick leave as a benefit for employees to use
if they or a member of their immediate family become ill or injured. It is the policy of this
Department to monitor sick leave usage. Inappropriate use of sick leave will not be
tolerated, since it adversely affects other employees as well as the efficiency of the
Department’s operations. Employees who abuse sick leave will be subject to disciplinary
action, up to and including termination.
II. PURPOSE
The purpose of this policy is to clarify how and when sick leave may legitimately be used
and to prescribe consequences for employees who abuse it.
III. DEFINITIONS
A. FMLA: means and refers to the provisions of the federal Family and Medical Leave
Act, which requires the City to provide twelve (12) weeks of unpaid leave for certain
eligible employees who have serious health conditions or who need to care for a
seriously-ill spouse, son, daughter, or parent.
B. Sick Leave Absence: refers to time away from work taken by an employee due to illness
or a health condition that prevents the employee from performing the essential
functions of their job, or due to medical or health care appointments.
C. Sick Leave Abuse: consists of an absence that:
1. Is not covered by FMLA;
2. has not been authorized in accordance with applicable City policies; and,
3. falls within one or more of the following categories:
a. The use of 80 hours or more of undocumented sick leave within the
previous 12 months;
b. seven (7) separate unapproved undocumented sick leave absences in a
12-month period; and
H. Disciplinary Action
In addition to being placed on restricted leave status, employees who abuse sick
leave may be subject to disciplinary action in accordance with Police Department
Policy and the City’s Personnel Policies and Procedures.
I. Implementation
1. During the initial implementation of this policy, employees who have used
sick leave in a manner that brings them within the definition of Sick Leave Abuse
as of the effective date of this policy will be warned that they are in violation of
this policy and will be placed on restricted sick leave status if any additional
inappropriate sick leave use occurs.
2. Employees who have been placed on restricted leave status under policies in
place prior to the implementation of this policy will remain on restricted status
until released by their supervisor.
3. Department supervisors shall work closely with the City’s Director of Human
Resources, to monitor report and categorize the nature of an employee’s absences
so that this policy may be implemented in accordance with federal and state laws
pertaining to absences due to health conditions.
Disciplinary Matrix
CONDUCT-GENERAL
(1-0)
CATEGORY
A B C D E F
DOMESTIC VIOLENCE
(3-0)
(3-1) Violations concerning domestic related misconduct (not X X X
assault related)
(3-2) Violations concerning domestic violence / assault1 X X
CRIMINAL CONDUCT
(5-0)
CATEGORY
A B C D E F
NEGLECT OF DUTY
(8-0) CATEGORY
A B C D E F
(8-1) Violations concerning general neglects of duty X X X X
FIREARMS
(10-0)
MISCELLANEOUS VIOLATIONS
(Continued)
(13-0)
CATEGORY
A B C D E F
(13-4) Violations related to being off post or leaving X
assignment without permission
(13-5) All other miscellaneous violations X
I. POLICY
It is the policy of the Charlottesville Police Department to provide reasonable liaison
assistance to the community on next-of-kin notifications and when necessary, to offer
tangible and emotional support.
II. PURPOSE
The purpose of this policy is to direct Department members with guidelines in providing
the proper notification and support on next-of-kin notifications.
III. DEFINITION
A. Next-of-Kin: in the context of this order, shall be considered the person to whom the
official notification of death or critical injury should be made. Unless the notification
has been directed to a specific person, the following priority of notification is
established:
1. Spouse or significant other;
2. parent;
3. an adult child (18 years of age or older); and
4. a minor child or minor sibling should be notified only if the officer believes that
their maturity is sufficient to accept and understand the responsibility of such
notification.
IV. PROCEDURE
A. Types of Notifications:
1. Death notifications;
2. serious injury or illness notification;
3. notifications for other agencies; and
I. POLICY
It is the policy of the Charlottesville Police Department to provide liaison assistance to
the immediate survivors of an active duty officer’s death in the line of duty and to
provide tangible and emotional support during this traumatic period of readjustment for
the surviving family.
II. PURPOSE
This policy is designed to prepare the members of the Charlottesville Police Department
in the event of an active duty officer’s death in the line of duty, natural or accidental
(active or retired) and to direct the Department in providing proper support for the
deceased officer’s family.
III. DEFINITIONS
A. Line of Duty Death: includes any action, felonious or accidental, e.g. automobile
accidents, hit by a vehicle during traffic stop, training accidents, etc., which claims
the life of a police officer who was performing a police function, whether the officer
was on or off duty.
B. Immediate Family: shall include spouse or significant other, children, parents,
grandparents and siblings.
C. Next-of-Kin: is considered the person to whom official notification of death or critical
injury should be made. Unless the member has specified otherwise in writing, the
following priority of notification is established:
1. Spouse or significant other;
2. an adult child (18 years of age, or older);
3. parent;
4. sibling (adult); and
IV. PROCEDURE
A. Death Notification {Line of Duty or Active Member}
1. The name of a deceased officer will not be released to the media or other parties
before the next-of-kin who are living in the area are notified. It is imperative that
notification to the next-of-kin be made as promptly as possible. The timeliness of
the notification will take precedence over protocol that has been established by
this directive, if such protocol creates an unnecessary delay in making the
notification.
2. The following notification procedure will be implemented when a member of the
Department is killed or critically injured.
a. Upon the absolute confirmation of an officer’s identity and death or
critical injury, the ranking on-scene officer or supervisor shall immediately
notify one of the following Commanders through a secure means. The
priority in notification shall be made as follows:
i. Chief of Police;
ii. appropriate Division Commander; and
iii. shift Commander.
b. After notifying any one of the above, the on-scene notifying officer will be
relieved of further notification responsibilities and will direct their full
attention to requirements at the scene of the incident.
c. The Chief of Police or Staff Officer receiving the notification of a line of
duty or active duty death or critical injury will immediately designate a
Notification Officer or assume that role themselves. Officer’s personnel
jacket will be reviewed to determine if the officer left specific directions
regarding his death.
B. Notification Officer {Line of Duty or Active Member}
1. The Notification Officer and a Police Chaplain, if readily available, will respond
to the location of the next-of-kin to make the notification. If a Chaplain is not
readily available, the Notification Officer may select another member of the
Department to assist. Keep in mind that the notification should not be held up by
waiting for people to gather. The immediate family should hear of the member’s
death from the Department first and not from the press or other source.
2. Notification of the next-of-kin in the immediate area must always be made in
person. When the health of the next-of-kin is a concern, emergency medical
services personnel shall be requested to stand by.
I. POLICY
Sworn officers of the Charlottesville Police Department have been endowed with special
powers for the enforcement of the laws of the Commonwealth of Virginia and the City of
Charlottesville. In exercising this authority, they are expected to conduct themselves in a
manner that promotes the welfare and safety of the citizens of Charlottesville. In
reviewing officer-involved critical incidents, it is presumed that the officers involved
have acted in the best interests of the community and in accordance with the professional
and ethical standards and policies of the Department.
II. PURPOSE
It is the purpose of this policy to provide guidelines for department personnel for
handling and investigating officer involved critical incidents. The goals to be served by
these guidelines are to minimize the chances that involved officers will develop or suffer
from post-traumatic stress disorder, while at the same time providing for prompt and
thorough investigation and review of events comprising the incident.
III. DEFINITIONS
A. Critical Incident: An incident involving a police officer engaged in the performance
of official duties (either as an actor or a victim), and in which the death or serious
bodily injury of any person has occurred.
B. Officer Involved (or “Involved Officer”): Any police officer involved in a critical
incident, either as an actor or a victim.
C. First Assisting Officer: The first non-involved officer to arrive at the scene of an
officer-involved critical incident. This will include an officer who witnessed an
incident, but who did not discharge a weapon or otherwise engage in any actions
comprising the incident, and who is not injured or otherwise a victim thereof.
A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational and
tactical responses are withheld for community and Officer Safety (e.g., bank alarm response,
response to an active threat, and Tactical Operations).
I. POLICY
The Charlottesville Police Department policy will be to take reports in compliance with
the Federal Bureau of Investigations and the Commonwealth of Virginia Incident Based
Reporting Guidelines. Reports are taken to document and facilitate the investigation of
crimes within the City of Charlottesville. In addition, the Department takes reports of
incidents that are of interest to the Department. These are generally, but not limited to,
events that affect safety and maintenance of order within the City.
II. PURPOSE
The purpose of this General Order is to specify what incidents require an incident case
report and to establish the procedures of completing an incident case report.
III. DEFINITIONS
A. Incident – one or more offenses committed by the same offender, or group of
offenders acting in concert, at the same time and place. “Same time and place”
means that the interval between the offenses and the distance between the locations
where they occurred were insignificant. However, incidents can also be comprised
of offenses that by their nature involve continuing criminal activity by the same
offender(s) at different times and places, as long as the activity is deemed to
constitute a single criminal transaction.
B. Incident Case Report- is the physical record of an incident deemed to be illegal or
potentially illegal and is entered and stored in the Charlottesville Police Departments
Records Management System.
C. Records Management System(RMS) – the Charlottesville Police Department
maintains a computerized records management system that contains the official
police incident case reports. It is commonly referred to as the “RMS”.
IV. PROCEDURE
A. When Incident Case Reports are Required
4. The reports submitted into the Records Management System will be reviewed for
accuracy and completeness by a first line supervisor. The supervisor will then
record their review and if approved, submit it to Information Management
Services for digital records storage.
5. Digital records storage will follow the procedures contained in the Information
Management Services Procedure Manual.
I. POLICY
A Critical Incident Stress Debriefing (CISD) Team will be established within the
Charlottesville Police Department to assist employees who, in the course of their duties,
become involved in a “Critical Incident”.
II. PURPOSE
The purpose of this directive is to provide guideline for the use of Critical Incident Stress
Debriefing.
III. DEFINITIONS
A. Critical Incident: A Critical Incident is defined as any situation that provokes an
emotional reaction that may have the potential to interfere with the member’s ability
to function, either at the scene or subsequent to the incident.
B. Team Coordinator: The CISD Team Coordinator shall perform the administrative
duties of the Team and will manage the Team’s operation. The CISD Team
Coordinator will be selected by the Team and approved by the Chief of Police. The
Team Coordinator will report directly to the Chief of Police, coordinate training and
other activities with the Thomas Jefferson CISD Team, and arrange for a Clinician to
conduct debriefings, as they are needed.
C. Peer Debriefer: An employee of the Department trained in accordance with the
minimum standards set by the Virginia Department of Health.
D. Defusing: A brief, confidential discussion between a participant and a Peer Debriefer
immediately following a critical incident. The purpose of defusing is to restore the
employee’s cognitive functioning and prepare them for future stress reactions
resulting from the incident.
E. Clinician: A mental health professional responsible for conducting liaison with health
services. The clinician will have a post graduate education in the behavioral sciences
and be trained in the critical incident stress review process.
I. POLICY
It is the policy of the Department that all officers shall be aware of the rights of victims
and witnesses under the provisions of the Crime Victim and Witness Rights Act. In the
City of Charlottesville, the Victim / Witness Assistance Program is administered by the
Commonwealth’s Attorney’s Office. Officers shall provide information and assistance to
the victims and witnesses of a crime in compliance with this Act and other state laws.
II. PURPOSE
The purpose of this policy is to inform all members of the Department of their obligation
to inform, assist and protect the victims and witnesses of crime.
III. DEFINITION
A. Victim: For the purpose of this general order, “victim” means (i) a person who has
suffered physical, psychological or economic harm as a direct result of the
commission of a felony or of assault and battery in violation of 18.2-57, 18.2-57.1 or
18.2-57.2, stalking in violation of 18.2-60.3, sexual battery in violation of 18.2-67.4,
attempted sexual battery in violation of 18.2-67.5, maiming or driving while
intoxicated in violation of 18.2-51.4 or 18.2-266, (ii) a spouse or child of such a
person, (iii) a parent or legal guardian of such a person who is a minor, or (iv) a
spouse, parent or legal guardian of such a person or legal guardian of such a person
who is physically or mentally incapacitated or was the victim of a homicide; however,
“victim” does not mean a parent, child, spouse or legal guardian who commits a
felony or other enumerated criminal offense against a victim as defined in subdivision
(i) of this subsection.
IV. PROCEDURE
A. Goals
The goals of the Charlottesville Police Department in providing assistance to crime
victims and witnesses are:
I. POLICY
Law enforcement agencies should establish direct contacts with the communities they
serve. Without “grass roots” community support, successful enforcement of many laws
may be difficult, if not impossible. A well-organized community relations function can
be an effective means of eliciting public support, can serve to identify problems in the
making, and may foster cooperative efforts in resolving community issues. Input from
the community can also help ensure that agency policies accurately reflect the needs of
the community.
II. PURPOSE
The purpose of this general order is to establish the Department’s accountability for the
community relations function, to maintain good relations with the citizens of the City of
Charlottesville and to set guidelines for the conduct of Department personnel in their
contacts with the public.
III. DEFINITIONS
A. District Coordinators – are sworn members of the Department who are assigned to
one of the geographic districts within the City of Charlottesville. District
Coordinators act as a liaison to formal community organizations and other
community groups within their assigned district.
IV. PROCEDURE
A. General
1. The Department’s community relations program is designed to:
a. identify and address mutual concerns between the Department and all
segments of the city population;
b. establish formal relationships with community groups, and
I. POLICY
The use of the automated external defibrillator (AED) will be conducted in accordance with the
guidelines and procedures of the Virginia Department of Health - Office of Emergency Services.
The following guidelines are set forth by the American Heart Association, as approved by the
Office of Emergency Medical Services.
II. PURPOSE
To provide immediate advanced care to the victim until emergency medical service arrives at the
scene. Personnel certified in CPR and AED courses approved by the Department of Health - Office
of Emergency Medical Services will use the AED in addition to their CPR skills, when necessary.
III. PROCEDURES
1. Personnel will be certified and trained, as approved by the Office of Emergency Medical
Services, prior to being assigned an AED. Sworn personnel shall attend CPR/AED re-
certification every two years.
2. Records of personnel and training will be kept in the office of the Training Bureau.
1. The AED will be kept out of direct sunlight during warm weather months.
2. The AED will not be kept in a vehicle while the vehicle is not being used during the shift.
C. ASSIGNMENT OF EQUIPMENT
GO– 523.09 1
Rev: 10/10/2019
1. The AED will be assigned to specific trained officers selected by the Field Operations
Division Commander.
2. The Police Department has assigned AED’s that are affixed to the walls throughout the
building. These units shall only be used by trained personnel.
1. The AED should be used to treat a victim of Sudden Cardiac Arrest (SCA).
a. SCA is a condition that occurs when the heart unexpectedly stops pumping.
b. A person in SCA does not respond when shaken and is not breathing normally.
c. If in doubt, apply the pads, and allow the AED to determine if use is appropriate.
Follow the voice instructions for each step in using the defibrillator.
2. If the officers assigned AEDs are on assignment, the medical alert call for service will
take priority over a non-emergency call.
3. The closest officer with an AED will clear the non-emergency call and respond to the
medical alert call for service.
E. PERSONNEL PRECAUTIONS
1. All personnel are to use precautions to limit exposure to bloodbourne pathogens and
other dangers, such as, nitroglycerin patches.
2. Use of protective gloves and eye protection are the minimum protection that should be
utilized.
F. EQUIPMENT INSPECTIONS
a. The Officer assigned to the AED shall ensure an inspection and routine testing is
conducted prior to assignment.
b. The officer will also perform a daily self-test and will indicate if there is a problem.
c. The Fleet Maintenance Officer will maintain records of officer assignments and
inspections.
d. If defects are identified, the AED will be taken out of service and turned over to the
fleet manager.
GO– 523.09 2
Rev: 10/10/2019
i. If an AED is removed from service, the AED assigned to the sergeant’s office
will be assigned to the shift to replace the malfunctioning AED, until repaired if
available.
ii. Repairs will be handled by the manufacturer of that unit until the warranty
expires. Once the warranty has expired, the manufacturer will be contacted to
determine the best course of action.
2. AED Equipment:
a. Each unit will carry two sets of pads. In the event that both pads are used, that AED
should be taken out of service until new pads are obtained.
b. After each use, the Fleet Manager should be notified to replace any needed
equipment.
G. INCIDENT REPORTING
1. Shift supervisors will be responsible for forwarding information regarding the use of the
AED to the Fleet Maintenance Manager each time it is placed on a patient so the incident
report can be filed. The Field Operations Division Commander and Shift Commander
shall also receive information on any use of AEDs.
2. Information will include:
a. Incident report;
b. number of shocks given to the patient;
c. identification number of the AED; and
d. names of personnel using the AED in incident reported.
GO– 523.09 3
Rev: 10/10/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It should
not be construed as the creation of a higher standard of safety or care in an evidentiary sense with respect to
third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the
Charlottesville Police Department and then only in a non-judicial administrative setting.
I. POLICY
II. PURPOSE
The purpose of this directive is to establish the guidelines for the proper use of the
electronic communications equipment utilized by the Department, and to ensure the most
efficient and timely communication of data to department personnel.
I. POLICY
The Department shall promptly respond to all requests for public records made under the
Virginia Freedom of Information Act (VFOIA). The Department’s response shall be
made in accordance with the requirements of VFOIA, Code of Virginia §2.2-3700, et seq.
II. PURPOSE
To provide members of the Department with guidelines for handling Virginia Freedom of
Information Act requests.
III. PROCEDURE
A. Point of Contact
1. The Public Information Officer will be the point of contact within the Department
to handle all official responses to third party requests for information or public
documents made under VFOIA.
2. Upon receipt of a VFOIA request the Public Information Officer shall
immediately notify the proper division/bureau/unit commanders of the request
and of the date by which the Department is required to respond to the request.
The Public Information Officer will be responsible for preparing the Department’s
response to the request in accordance with Code of Virginia §2.2-3704. This
responsibility will include:
a. Collecting copies of all records responsive to the VFOIA request from
the proper division/bureau/unit commanders;
b. previewing the responsive documents to determine whether any or all
may be exempt from being disclosed under VFOIA; and
c. preparation of a written response to the request that complies with the
requirements of Code of Virginia §2.2-3704(B).
I. POLICY
An informed populace is one of the cornerstones of a democratic society. The
Charlottesville Police Department supports that principle of democracy. Furthermore, the
Department believes that a well-informed citizenry is in keeping with the Community
Policing efforts of the Department.
Therefore, it is the policy of the Charlottesville Police Department to maintain a spirit of
cooperation that enhances the flow of information to the news media and the community.
Information concerning the operations or administration of the Department that is of
public interest may be released for public dissemination so long as such dissemination
does not hinder the operations of the Department, jeopardize the rights of any person, or
is not contrary to existing law or policy.
The Charlottesville Police Department is committed to providing the news media and the
community with information on agency operations and administration for the purpose of
forming a relationship of mutual trust, cooperation and respect.
II. PURPOSE
The purpose of this directive is to provide guidelines as to the types of information that
may be released to media representatives, to specify some types of information that may
not be released, to identify who may release information, and to establish procedures for
media representative relationships with the police department.
III. PROCEDURE
A. Release of Information - General
All information will be released through the Chief of Police, or under the below listed
Guidelines.
E. Press Release
I. POLICY
II. PURPOSE
The Ride-Along program is designed to allow citizens to observe the police department’s
function and operations in order to facilitate community-oriented policing goals including a
commitment to work with the community to solve neighborhood problems and to operate an
open, accessible, accountable agency. The safety of law-enforcement personnel and the
ride-along participant shall be the primary concern.
III. PROCEDURES
A. Ride-Along request
a. The applicant must read, fill out and sign the forms, retain the briefing
letter and turn the application and liability waiver to a Records
Management Services (RMS) employee at least three (3) working days
before the desired date of ride along.
b. The RMS employee will review the forms ensuring they are complete
and include a good contact number and that the briefing letter is
understood and retained by the applicant.
e. An appropriate shift supervisor will call and arrange the ride along. Said
supervisor will generally assign one ride along per shift but may
schedule more at his or her discretion.
2. In the case of spouses, employees or interns, any shift commander may approve
a ride-along on the shift they are assigned. All waivers, criminal history and
necessary forms must be completed and turned into the Field Operations
Division Commander
4. The Field Operations Division Commander shall ensure the application forms
are maintained for a period of one (1) year.
B. Limitations
1. A person shall not ride unless approval has been granted and the approving shift
Commander has the properly completed waiver.
2. A ride-along will be for a specified period of time not to exceed 10 hours unless
approved by and at the discretion of the officer assigned.
3. No more than one ride-along shall accompany an officer at a time unless prior
approval is granted by the affected shift’s commander.
4. Juveniles must be 16 years of age or older to ride along and must have the
request and waiver forms signed by a parent or guardian.
7. Police Officers assigned to the Academy shall not be permitted to ride along.
C. Beginning tour
1. Ride-Along participants will be assigned a date and time and must meet their
host officer at the police department lobby to begin their tour.
c. the observer may end the ride along whenever he or she wishes;
d. the officer may end the ride along if safety considerations dictate;
e. the observer must wear a seat belt when riding in a departmental vehicle;
g. the observer is not permitted to carry any flashlight, radio, camera, tape
recorder or other recording device, or binoculars unless authorized by the
shift commander;
i. the observer shall not carry weapons or restraining devices of any kind.
Exceptions may be granted to sworn law-enforcement personnel; and
j. the observers shall not smoke or use smokeless tobacco during the Ride-
Along.
1. Observers shall at all times remain under the complete control of the assigned
officer and shall comply with all directions and requests.
2. Observers shall not interfere with investigations in any way by conversing with
victims, suspects, or witnesses, handling evidence or equipment, or participating
in any enforcement activity unless directed to do so by the host officer per
Virginia Code § 18.2-463 (which prohibits a person from refusing to aid an
officer in the execution of his office).
1. If the host officer feels that it would be reasonably safe to do so, the observer
may accompany the officer while transporting or booking prisoners. If the
officer believes a problem may arise, the observer should be temporarily
transferred to another officer or returned to the police department.
F. Ending tour
Upon completion of the ride-along, the host officer will return the observer to the
department and thank them for their interest.
G. Prohibited activities
An officer who has any passenger in their vehicle, other than a sworn employee of
the department or other law enforcement officer will consider the safety of the
passenger(s) before engaging in or continuing a pursuit. If possible, the
passenger(s) should be safely and responsibly removed from the police vehicle in
an area that is not an inherent threat to their safety.
H. Ride-Along Review
I. PURPOSE
The purpose of this directive is to establish a Case Management System for the
Department’s criminal investigative functions that utilizes a Police Records Management
System (RMS), and provides for the retention of original incident reports, supplemental
reports, and other records in an electronically stored format.
II. PROCEDURE
A. Support Operations Division
1. It is the responsibility of the Support Operations Division Commander to establish
and maintain a case management file system that will ensure the following
information is collected, managed, and retained:
a. case status and disposition tracking;
b. assigned officer/detective and reviewing supervisor tracking;
c. the types of records to be maintained;
d. rules defining accessibility to the files;
e. rules for purging of the files.
2. Command Accountability:
a. The Investigations Bureau Commander or their designee shall be responsible
for coordinating, monitoring, and supervisory review of the Investigations
Bureau case file management system.
b. CPD’s Records and Systems Administrator shall be the Department liaison to
the regional Police RMS committee. The Records and Systems Administrator
I. POLICY
The Charlottesville Police Department recognizes the need to enforce the law and protect
the community from the evils of illegal drugs, organized crime and vice. The Department
is committed to receiving, processing, and investigating vice, drug, and organized crime
complaints.
II. PURPOSE
The purpose of this directive is to set forth the guidelines and procedures for officers to
follow in handling criminal activity involving vice, drug and organized crime
investigations.
I. PURPOSE
The purpose of this directive is to provide guidelines to members of the Department when
they are conducting a preliminary investigation that involves annoying, threatening or
obscene telephone calls.
II. PROCEDURE
A. Telephone Company Administrative Procedure
1. Members of the Department, who are investigating non-threatening, but annoying
telephone calls, should refer the reporting party or victim to their service provider.
The caller’s contact of their service providers Annoyance/ Wanted Call Center
can result in an annoyance call account being initiated for the subscriber of the
phone service.
B. Criminal Prosecution Procedure
1. When a complainant has received an obscene or threatening telephone call(s),
they should be referred to their service providers Annoyance/ Unwanted Call
Center for criminal prosecution technical support. The phone company may
assess a fee to the complainant for every trace placed on the complainants
telephone, whether the phone call is annoying, threatening or obscene. The
complainant needs to document the date and time of the call to assist the phone
company and the police in accessing the call. The complainant will not receive
any information from the phone company pertaining to the phone calls, but the
information received by the phone company will be released to a law enforcement
agency only. If a hard copy of the phone records of the traced call(s) is needed,
the police department will need to subpoena the phone records and no fee will be
encountered by the agency. The service providers Annoyance/ Unwanted Call
Center personnel shall instruct the caller in the procedure that should be followed.
2. A criminal prosecution pursuant to Virginia Code Sections 18.2-427 or 18.2-429
will require that:
I. PURPOSE
Interacting with the mentally ill can pose a significant challenge to law enforcement.
Persons suffering from these conditions may behave in erratic and unpredictable manner
and can pose a serious safety hazard to the public and responding officers.
The Charlottesville Police Department will make every effort to deal with mentally ill
persons in a compassionate and safe manner in order to protect the individual, the public,
family members and emergency service providers.
This policy provides guidance for recognizing some of the symptoms associated with
mental issues as well as addressing some of the more common interactions agency
personnel might encounter with such individuals.
II. POLICY
It shall be the policy of the Charlottesville Police Department to recognize and provide
equal treatment to individuals that are mentally ill and make reasonable adjustments to
our tactics on a case-by-case basis, such as by using more time, sensitivity and patience
to a person displaying symptoms of mental illness.
I. POLICY
It is also the policy of the Charlottesville Police Department to use the Lethality Assessment
Protocol (LAP) at the scene of a domestic violence incident. The protocol will assist in
identifing victims of domestic violence in potentially lethal situations, and establish criteria
to place those victims in immediate and direct contact with a domestic violence service
program hotline advocate.
II. PURPOSE
It is the purpose of this policy to define domestic violence and related offenses, outline a
safe procedure for handling violent incidents and calls, and describe measures to end
violence and protect victims and prepare for the best possible prosecution of such cases and
to address repeat offenders. It is recognized that an immediate criminal justice response can
make a major difference in the disputants' lives. With all due consideration for their own
safety, department personnel responding to a domestic disturbance call shall (l) restore
order; (2) arrest persons when probable cause exists that a crime has occurred; (3) Establish
trust and provide safety and security for the crime victim(s); and, (4) Investigate patterns of
violence, seek inter-agency collaboration to deter future violence and conduct Lethality
Screening to identify potential lethal situations.
I. POLICY
It is the policy of the Charlottesville Police Department to assist sexual assault victims in
a supportive manner, using appropriate victims services agencies to aid in facilitating the
victim's needs, and to process crimes scenes in the most professional and proven manner
to assist in the effective prosecution of said cases.
II. PURPOSE
Sexual assaults (rape, forcible sodomy, sexual battery, object penetration, and attempts
thereof) are violent personal crimes that have great psychological and physical effects on
the victims. In order to address this we will conduct coordinated preliminary and follow-
up investigations of sexual assault and other related offenses.
I. PURPOSE
The purpose of this guideline is to establish a procedure to provide uniform response to
noise disturbance calls. A uniform response will allow officers to effectively and safely
enforce the noise ordinance of the City of Charlottesville.
II. POLICY
It shall be the policy of the Charlottesville Police Department to respond to noise
complaints in a timely fashion and to address the situation in a fair and consistent manner
according to law and department policy.
III. PROCEDURE
A. The Charlottesville/UVA/Albemarle County Emergency Communications Center
1. The Emergency Communications Center will determine the nature and
location of the violation from the complainant and dispatch the call for
service.
2. An Emergency Communications Center officer shall assign a unit to respond
to the call and inform the unit of any relevant information.
3. A second unit should be dispatched when the nature of the call represents a
potential danger to the officer.
4. The number of units in service and the nature of the complaint will determine
the priority of the call and the order in which the call is dispatched.
B. Patrol Bureau
1. The primary unit responding to the scene should evaluate the situation by any
or all the following:
a. personal observation;
b. interview with the complainant if such interview is requested by the
complainant or deemed beneficial by the officer;
I. PURPOSE
The purpose of this directive is to provide a procedure for response to calls for service to
enforce animal control laws.
II. DEFINITION
A. Animal Control Officer: A member of the Charlottesville Police Department who has
received state mandated animal control school training or who has been grandfathered
as an animal control officer according to state law. A trained CSO may be assigned,
in emergency circumstances to perform ACO duties.
Pursuant to Virginia Code § 3.1-796.104, the position of animal control officer for the
city is vested with the power to enforce Chapter 27.4 of Title 3.1 of the Code of
Virginia, all ordinances enacted pursuant to that chapter, and all laws for the
protection of domestic animals.
III. PROCEDURE
A. Animal Control Officer (ACO)
The ACO will handle calls for service related to animals and enforce state and local
laws, which regulate animals within the City of Charlottesville.
B. Recall of Animal Control Officer – After Hours, Days off and Holidays.
1. The ACO may be called out by the on duty shift supervisor for the following
situations:
a. Vicious animals which are a direct threat to public health and safety;
b. animals in custody that are injured or sick; and
c. any emergency at the request of the on-duty shift commander.
2. If the ACO is not available for call out, on duty police officers will answer the
following calls:
I. POLICY
The Charlottesville Police Department recognizes that juveniles who are in need
of protection, who are in violation of status offenses, and who are charged with
criminal offenses present a significant challenge to this Department, the rest of the
criminal justice system and the community as a whole.
This Department is committed to the development and perpetuation of programs,
which are designed to prevent and control juvenile delinquency. It is the policy of
this Department to task the entire organization with the responsibility to address
this Department’s efforts to reduce and control juvenile delinquency, rather than
to establish a separate unit tasked with the investigation of crimes committed by
juvenile offenders.
II. PURPOSE
The purpose of this directive is to set forth the guidelines and procedures for
officers to follow in handling juveniles who are in need of protection, who are in
violation of status offenses, or who have committed delinquent or criminal acts.
III DEFINITION
A. Child/juvenile: A person who is less than eighteen years of age.
B. Child in Need of Services (CHINS/Services): children whose behavior,
conduct, or condition presents or results in a serious threat to the well-being
and physical safety of the child.
C. Child in need of Supervision (CHINS/Supervision):
1. A child who, while subject to compulsory school attendance, is
habitually absent from school without justification despite intervention
by the school system; or
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3. Members of the Department when dealing with juveniles shall determine
the most appropriate means and intervention, which should be based on
either the juvenile’s non-criminal misbehavior (status offenses) or criminal
acts (juvenile delinquency). Officers, after considering the facts available,
shall take such action that is consistent with preserving public safety,
order, the safety and welfare of the juvenile and individual liberty.
Officers dealing with juvenile offenders should use the least coercive
means among reasonable alternatives.
a. A continuum of actions available to the officer is as follows:
i. Release of the offender with no action other than a warning;
ii. recommendations of corrective actions to be taken by agreeing
parents or guardians on a voluntary basis;
2. When an officer takes a juvenile into custody, the officer needs to keep in
mind the following provisions:
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a. Whether the juvenile is alleged to have engaged in non-criminal
misbehavior (a status offence) or a criminal act(s);
a. With a detention order issued by the judge, intake officer or the clerk,
when authorized by the judge of the family court, or with a warrant
issued by a magistrate;
c. When, in the presence of the officer who makes the arrest, a child
has committed an act designated a crime under the law of this
Commonwealth, or an ordinance of any city, county, town or service
district, or under federal law and the officer believes that such is
necessary for the protection of the public interest;
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h. When a law enforcement officer has probable cause to believe that a
child has run away from home, or is without adult supervision at
such hours of the night and under such circumstances that the law
enforcement officer reasonably concludes that there is clear and
substantial danger to the child’s welfare;
b. The officer shall with all practicable speed take the child before a
judge or intake officer, unless the juvenile is in need of emergency
medical treatment; or
c. If an escapee, release the child to the facility from which the child
escaped. The officer assuming custody of the child shall comply
with the respective paragraph of Section 16.1—247, dependant upon
the circumstances of such custody.
D. SUMMONS
1. In most instances, a juvenile will enter the formal intake and/or court
proceedings through the issuance of a petition as provided in Section 16.1—
260 and Section 16.1—263, Code of Virginia. However, in the following
instances, an officer may issue a Uniform Summons in lieu of obtaining a
petition:
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a. Misdemeanor traffic offenses and traffic violations (including motor
vehicle accidents, bicycle violations, pedestrian violations, and
driving or operating a boat in a reckless manner);
f. tobacco-related violations;
E. OBTAINING PETITIONS
1. For non summonsable offenses committed by juveniles that require the
placement of formal charges by a delinquency petition, the Juvenile Court
Intake process will be utilized. The Intake Officer is part of the Court
Services Unit and serves as the magistrate for the juvenile justice system.
The Police Officer handling the incident will first make a determination as
to who should request the intake hearing. In the case of criminal offenses
committed in the Officers presence and past felony offenses where the
Officers investigation determines probable cause exists to obtain a petition
the Officer will schedule an appointment for an intake hearing and present
the probable cause to the Intake Officer. For misdemeanors not committed
in the Officers presence the investigating Officer will first attempt to
determine the identity of the suspect. If the suspect can be identified the
Officer will comlete a juvenile intake referral form. A copy of the form will
be given to the victim of the crime, a copy will be attached to a copy of the
case report and forwarded to the Juvenile Court Intake Office, and the
officer will maintain a copy for their records. The victim will be instructed
by the Officer to call the Court Service Unit to schedule an intake hearing
and will present the referral form to the Intake Officer at the hearing.
F. RUNAWAYS
1. A child who is a runaway from this jurisdiction or a jurisdiction within this
Commonwealth may be taken into immediate custody and returned to his
or her parents or guardian. Such child may be detained under the
supervision of a police officer at the police station while awaiting pickup
by a parent or guardian if the officer is unable to deliver the child to the
custody of the parent or guardian.
I. CUSTODIAL INTERROGATION
1. In some circumstances, a child’s age can affect how a reasonable person
would perceive his or her freedom to leave.
5. Before asking a juvenile to waive his rights, the Officer shall make an
assessment whether the youth has diminished capacity.
8. The officer conducting the interrogation explains the agencies and juvenile
justice system procedures
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J. JUVENILE RECORDS
1. Juvenile records, including fingerprints and photographs, require special
security and privacy precautions in accordance with Section 16.1—299
through Section 16.1—309.1 of the Code of Virginia. All members shall
adhere to the provisions of the aforementioned statutes when obtaining,
processing, recording, filing or otherwise storing any juvenile records,
photographs or fingerprints of a juvenile charged with any delinquent or
criminal acts.
1. The curfew ordinance (City Code 17-7) applies to juveniles under the age of
seventeen and between the hours of 12:01 a.m. through 5:00 a.m. Monday
through Friday, and 1:00 a.m. through 5:00 a.m. Saturday and Sunday.
f. the minor is on an errand at the direction of a parent, and the minor has
in his or her possession a writing signed by the parent containing the
following information: the name, signature, address and telephone
number of the parent authorizing the errand, the telephone number
where the parent may be reached during the errand, the name of the
minor, and a brief description of the errand, the minor's destination(s)
and the hours the minor is authorized to be engaged in the errand; or
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speech and the right of assembly.
3. Curfew Warnings
a. If the minor has not previously been issued a warning for any such
violation, then the officer shall issue a verbal warning to the minor and as
soon as practicable shall:
e. The reviewing supervisor shall turn the Warning Ticket into IMS, where
it will be entered into the Field Contact module with “Curfew Violation”
as the “Reason.”;
f. IMS shall enter the card into the Records Management System and create
a “Previous Curfew Warning” alert for the juvenile’s name record in the
RMS;
g. IMS shall send a pre-approved form warning letter to both the child and
parent as required by City Code 17-7. IMS shall scan the letters into a
PDF document and electronically attach to the Child’s name record.
4. Curfew Arrests:
a. If the minor has previously been issued a warning for any such violation,
then the officer shall charge the minor with a violation of this ordinance
and shall issue a summons requiring the minor to appear in court; and as
soon as practicable the officer shall:
i. Release the minor to their parent(s); or
ii. If a minor refuses to give an officer his or her name and address,
refuses to give the name and address of his or her parent(s), or if
no parent can be located prior to the end of the applicable curfew
hours, or if located, no parent appears to accept custody of the
minor, the minor may be taken to a nonsecure crisis center or
juvenile shelter and/or may be taken to a judge or intake officer
of the juvenile court to be dealt with in the manner and pursuant
to such procedures as required by law.
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iii. Officer completes an Incident Report, utilizing Case Report code
902 (Curfew/Loitering/Vagrancy) for the offense.
5. The following is the Charlottesville City Code Sec. 17-7 Curfew for Minors
for easy referernce:
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above, for the person to assume the care or physical custody of the child, or as indicated
by any other circumstances).
Person refers to an individual, not to any association, corporation, or any other legal
entity.
Public place refers to any place to which the public or a substantial group of the public
has access, including, but not limited to: streets, highways, roads, sidewalks, alleys,
avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office
buildings, transportation facilities and shops.
Remain refers to the following actions:
(1) To linger or stay at or upon a place; and/or
(2) To fail to leave a place when requested to do so by an officer or by the owner,
operator or other person in control of that place.
Temporary care facility refers to a non-locked, non-restrictive shelter at which minors
may wait, under visual supervision, to be retrieved by a parent. No minors waiting in
such facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any
stationary object.
(b) It shall be unlawful for a minor, during curfew hours, to remain in or upon any
public place within the city, to remain in any motor vehicle operating or parked therein or
thereon, or to remain in or upon the premises of any establishment within the city, unless:
(1) The minor is accompanied by a parent; or
(2) The minor is involved in an emergency; or
(3) The minor is engaged in an employment activity, or is going to or returning home
from such activity, without detour or stop; or
(4) The minor is on the sidewalk directly abutting a place where he or she resides with a
parent; or
(5) The minor is attending an activity sponsored by a school, religious, or civic
organization, by a public organization or agency, or by another similar organization or
entity, which activity is supervised by adults, and/or the minor is going to or returning
from such an activity without detour or stop; or
(6) The minor is on an errand at the direction of a parent, and the minor has in his or her
possession a writing signed by the parent containing the following information: the name,
signature, address and telephone number of the parent authorizing the errand, the
telephone number where the parent may be reached during the errand, the name of the
minor, and a brief description of the errand, the minor's destination(s) and the hours the
minor is authorized to be engaged in the errand; or
(7) The minor is involved in interstate travel through, or beginning or terminating in, the
City of Charlottesville; or
(8) The minor is exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech and the right of
assembly.
(c) It shall be unlawful for a minor's parent to knowingly permit, allow or encourage
such minor to violate 17-7(b).
(d) It shall be unlawful for a person who is the owner or operator of any motor vehicle
to knowingly permit, allow or encourage a violation of 17-7(b).
(e) It shall be unlawful for the operator of any establishment, or for any person who is
an employee thereof, to knowingly permit, allow or encourage a minor to remain upon
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the premises of the establishment during curfew hours. It shall be a defense to
prosecution under this subsection that the operator or employee of an establishment
promptly notified the police department that a minor was present at the establishment
after curfew hours and refused to leave.
(f) It shall be unlawful for any person (including any minor) to give a false name,
address, or telephone number to any officer investigating a possible violation of this
section 17-7.
(g) Enforcement.
(1) Minors. Before taking any enforcement action hereunder, an officer shall make an
immediate investigation for the purpose of ascertaining whether or not the presence of an
minor in a public place, motor vehicle and/or establishment within the city during curfew
hours is in violation of 17-7(b).
a. If such investigation reveals that the presence of such minor is in violation of 17-7(b),
then:
1. If the minor has not previously been issued a warning for any such violation, then the
officer shall issue a verbal warning to the minor, which shall be followed by a written
warning mailed by the police department to the minor and his or her parent(s), or
2. If the minor has previously been issued a warning for any such violation, then the
officer shall charge the minor with a violation of this ordinance and shall issue a
summons requiring the minor to appear in court (Ref. Va. Code § 16.1-260(H)(1)), and
b. As soon as practicable, the officer shall:
1. Release the minor to his or her parent(s); or
2. Place the minor in a temporary care facility for a period not to exceed the remainder
of the curfew hours, so that his or her parent(s) may retrieve the minor; or
3. If a minor refuses to give an officer his or her name and address, refuses to give the
name and address of his or her parent(s), or if no parent can be located prior to the end of
the applicable curfew hours, or if located, no parent appears to accept custody of the
minor, the minor may be taken to a nonsecure crisis center or juvenile shelter and/or may
be taken to a judge or intake officer of the juvenile court to be dealt with in the manner
and pursuant to such procedures as required by law. (Ref. Va. Code § 16.1-260(H)(1); §
16.1-278.6; §§ 16.1-241(A)(1)).
(2) Others. If an investigation by an officer reveals that a person has violated 17-
7(c),(d) and/or (e), and if the person has not previously been issued a warning with
respect to any such violation, an officer shall issue a verbal warning to the person, which
shall be followed by a written warning mailed by the police department to the person;
however, if any such warning has previously been issued to that person then the officer
shall charge the person with a violation and shall issue a summons directing the person to
appear in court.
(h) Each violation of this section 17-7 shall constitute a Class 4 misdemeanor.
(Code 1976, §§ 17-10--17-13; 12-16-96, § 1)
Cross references: Penalty for Class 1 misdemeanor, § 1-11.
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CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.
I. PURPOSE
The purpose of this directive is to insure that the investigation of offenses committed both
by and against juveniles is handled as professionally and efficiently as possible and to
integrate both the needs of the police department and the responsibilities of school
officials in meeting that goal.
II. PROCEDURE
A. Interviews of Juveniles, either as victims, witnesses, or suspects in a crime being
investigated by police officers of the Charlottesville Police Department, MAY be
conducted while the child is at school, under the following two circumstances:
1. When the child is a victim or witness in either a child abuse or child sexual abuse
investigation,
a. The officer shall clear the interview with the detective sergeant on
duty.
b. The officer shall notify the principal or other authorized school official
of the appropriate school at least twenty-four (24) hours in advance of the
interview, unless the circumstances do not permit such advance notice.
c. Information about the child abuse investigation will be disseminated
on a “need to know” basis only, and an officer shall not disclose details
about the investigation to school personnel where such disclosure may
interfere with the investigation or is not in the best interest of the child.
d. Where necessary, the officer may request that an interview by
conducted in private without any school official present. [See Va. Code
63.1-248.20]
B. When the child is a victim, witness or suspect in an investigation involving a felony
offense.
1. The officer shall clear the interview with the detective sergeant on duty.
I. POLICY
It shall be the policy of the Charlottesville Police Department to report all alleged child
abuse and neglect cases to the Department of Social Services Child Protective Services.
Investigations conducted concerning Child Abuse and Neglect cases shall be conducted
in accordance with General Order Number 100-00, Manual Number 530.00,
Investigations—Preliminary and Follow-up.
II. PURPOSE
It is the purpose of this directive to establish policy statements and guidelines for the
reporting of Child Abuse and Neglect cases in compliance with Code of Virginia, § 63.1-
248.3
III. DEFINITIONS
A. Physical Abuse – Physical injury, threat of physical injury, or creation of substantial
risk of death, disfigurement, or impairment of bodily functions, inflicted or allowed to
be inflicted by a caretaker, through non-accidental means.
B. Physical Neglect – Failure to provide food, shelter, clothing or supervision, to the
extent that the child’s health or safety is endangered. (Exception: Condition is one of
poverty and there are no resources available.)
C. Failure to Thrive – Syndrome of infancy and early childhood, characterized by
growth failure, signs of severe malnutrition, and variable degrees of developmental
retardation. Caused by non-organic factors.
D. Medical Neglect – Refusal or failure by caretaker/parent to obtain and/or follow
through with a complete regimen of medical, mental, or dental care for a condition
which, if untreated, could result in illness, incapacitation, or developmental delay.
IV. PROCEDURE
A. Criteria for Physical Abuse:
1. Physical Injury by a caretaker (non-accidental);
2. Threat of Physical Injury by a caretaker (non-accidental); and
3. Substantial risk of severe injury (death, disfigurement or impairment of bodily
functions) (non-accidental).
B. Criteria for Physical Neglect:
1. Supervision inadequate in at least one of the following ways:
a. child left alone inappropriately (other than abandonment);
b. child left with inadequate caretaker;
c. child placed at risk for physical injury, sexual or other exploitation,
status or criminal offenses, or alcohol/drug abuse;
d. child left in situation requiring higher functioning than child is capable
of (physically, mentally and/or emotionally).
2. Abandonment of child (caretaker does not make reasonable effort to provide
for care of child in future)
3. Shelter – inadequate or inappropriate in at least one of the following ways:
a. exposure to weather (e.g. inadequate heat); or
b. conditions in/around home hazardous to health or safety.
4. Food inadequate for health, growth or development
5. Clothing inadequate or inappropriate in at least one of the following ways:
a. inappropriate to weather; or
b. fit of clothes impairs growth or normal activity.
6. Personal Hygiene of child places child at risk for one or both of the following:
a. illness; or
b. social acceptance.
C. Criteria for Failure to Thrive:
1. Diagnosis of failure to thrive has been made by a physician
I. POLICY
It is the policy of the Charlottesville Police Department to respect the rights of citizens of
the United States of America as well as visitors and citizens of other countries. In doing
so, members shall not violate these rights, and shall follow professional policing
standards as promulgated within this policy.
II. PURPOSE
The purpose of this policy is to ensure that members of this agency conduct themselves in
accordance with the United States Constitution at all times while they exercise their
lawful duties and responsibilities as established by policy, law, and generally accepted
policing practices. The United States Constitution provides citizens with certain rights
and protections against unreasonable governmental interference or intrusion. Among
those rights secured by the constitution, include those specific to the criminal justice
system as enumerated in the 1st, 2nd, 4th, 5th, and 6th amendments of the United States
Constitution as incorporated against the states through the 14th amendment due process
clause.
III. DEFINITIONS
For the purpose of this directive, the following definitions shall apply:
C. Body Cavity Search: the examination of any body cavity other than the mouth for the
discovery of any evidence, contraband or weapon.
D. Seizure (of a person): The United States Supreme Court has defined such a seizure as
the physical acquisition of a person through a means intentionally applied 2, a
submission to a show of authority by an agent of the government or someone acting
at behest of the government 3 , or facts or circumstances that would cause a reasonable
person to believe that they are no longer free to leave 4. However, for purposes of
536.02 a seizure of the person may occur whether the officer intentionally or
unintentionally creates such a circumstance.
E. Seizure (of an article or item): in the same way a person can be detained, personal
property can be taken from a person or otherwise removed from an area where that
person enjoys a reasonable expectation of privacy.
A well-regulated Militia, being necessary to the security of a free State, the right
of the people to keep and bear Arms, shall not be infringed.
The right of the people to be secure in their persons, houses, papers and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall be issued, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be
seized.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime shall
have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the Assistance of Counsel for his
defense.
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person
of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.
Section 2.
Section 3.
Section 4.
The validity of the public debt of the United States, authorized by law, including
debts incurred for payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But neither the United States nor
any State shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations and claims shall be held
illegal and void.
Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the
provisions of this article.
V. PROCEDURE
5
See, J.B.D. v. North Carolina, 09-11121 (2011).
2. Voluntary Statements
3. Miranda Warnings
i. “Do you understand your rights and are you willing to talk
to us about this case?”
d. After the Miranda rights warning and waiver have been read to the
subject, understood by the subject and the subject wishes to waive his/her
rights, the officer should have the subject sign the “Charlottesville Police
Department Rights Advisory” form.
4. Access to Counsel
Any person who lawfully asserts his right to counsel during any criminal
investigation or proceeding conducted by a member of this Department
shall not be denied that right.
1. Courts have decided that the United States Constitution, First Amendment
guarantees that any person who wishes to observe, record, photograph, etc. any
government, including police action, may do so to gather and disseminate
information on matters of public concern, to include video-taping, photographing
and otherwise recording the conduct of government actors engaged in their
governmental duties in public places.
2. Courts have further decided that the United States Constitution, First
Amendment, guarantees that every person have access to property in the public
4. With this stated, it is noted that persons have a right to observe, record,
photograph, or otherwise document the conduct of government actors engaged in
governmental duties on, but not limited to, the following properties:
i. Shopping centers
i. Common property
6
United States Constitution, Fourth Amendment
a. Patrolling
b. Traffic Stops
c. Detentions
d. Searches
e. Arrests
f. Uses of Force
g. Gathering
i. Investigating
e. Seizing the property for any purpose other than actual evidence,
7. Officers are reminded that there are times that a person may not observe,
record photograph, or otherwise document police activity due to jeopardizing
officers or others safety or otherwise interfere with officers or other first
responders in the performance of their duty. Examples of such situations are:
8. Officers are further reminded that it is their duty to uphold the absolute
right of any individual to observe, record, photograph, or otherwise document any
police activity, and to not hamper those rights, but advise them how to do so in a
manner that protects their rights and assists those involved in the duties being
performed, for example asking the person to move to a less intrusive location or
to remain quiet.
c. If consent is not given, probable cause must exist that the item is,
or contains contraband or evidence of a crime and the exigencies of the
circumstances exist in that either may be easily destroyed if not seized.
10. It is further noted that the general public enjoy the same rights as any
media service. No individual needs to present any “press credentials” in order to
exercise his or her right to observe, record or photograph any activity taking place
in accessible area or within view of the general public.
7
See, Terry v. Ohio, 391 U.S. 1 (1967).
2. Show-Up
8
See, Arizona v. Gant, 556 U.S. 332 (2009).
6. Vehicle Stops
1. The Fourth Amendment guarantees the right for people to be free from
unreasonable searches and seizures of their homes, person, and things. The
Supreme Court is constantly interpreting the Fourth Amendment as it applies to
police conduct. Illegally seized items of evidence may not be admitted against a
defendant in a criminal case, and thus an otherwise successful prosecution may
fail. Additionally, an illegally conducted search may result in civil suits in both
state and federal court. In order to ensure that a citizen’s Fourth Amendment
rights against an unreasonable search and/or seizure are protected, Charlottesville
police officers will apply for search warrants based on probable cause when
conducting criminal investigations, except in limited situations where exigent
circumstances or other lawful exceptions to the warrant requirement exist.
2. Legal Authority
9
See, California v. Brendlin, 551 U.S. 249 (2007). Also see, Arizona v. Jones, 129 S.Ct.781 (2009).
10
See, Wilson v. Maryland, 519 U.S. 408 (1997).
11
See, Arizona v. Johnson, supra.
3. Legal Requirement
F. Home Entries
a. The existence of a valid arrest warrant in which the wanted subject has
been named;
b. The address stated on the warrant is the named subject’s address and not
that of a third party; and
While some courts may find that an officer need not have “special knowledge” 13
as to whether the wanted person is, indeed, at home at the time the warrant is
executed, this policy shall require that the officer point to articulable facts to
support a belief that the person is at home at the time entry into the house is made.
The only other means by which officers may enter a person’s home to affect an
arrest is the existence of voluntary consent given by someone who has the actual
12
Payton v New York, 445 U.S. 573 (1980)
13
3 Wayne R. LaFave, Search and Seizure § 6.1 (4th ed. 2004)
With regard to entering the home of a third party (i.e. not the subject expressly
named in the warrant), absent exigency or voluntary consent, officers must obtain
a search warrant before entering the home of a third party. An arrest warrant is
insufficient when the subject of the warrant is in a third party’s home. 14
Under no circumstances shall an officer enter the home of a person wanted for a
misdemeanor absent voluntary consent, exigency, or a valid search warrant. 15
The area immediately surrounding and associated with a home is known as the
curtilage. Like the home, it is protected by the Fourth Amendment.
An officer not armed with a warrant may approach a home and knock like any
other person may do. However, the implied invitation to knock does not carry
with it the further authorization to conduct a search while on the property unless
the officer has a valid warrant, voluntary consent, or exigency. 16
The use of a properly trained canine to sniff for contraband within the curtilage of
a home is a search under the Fourth Amendment. As such, the search must be
supported by a valid warrant, voluntary consent, or exigency. The implied
invitation which exists for anyone to knock on someone’s front door does not
authorize officers to bring a properly trained drug-sniffing canine on to the
property to sniff the air while the officer is knocking. 17
All officers should be guided by the general rule that when there is doubt as to the
legality of an impending warrantless search, when time allows, the City of
Charlottesville Commonwealth Attorney’s office should be consulted or a search
warrant should be applied for. With that said, there are several categories where
searches without a warrant have been deemed acceptable:
14
Steagald v. U.S., 451 U.S. 204 (1981)
15
In U.S. v Hall, supra, 4th Circuit found that Payton’s authority applied to the execution of misdemeanor warrants
as well. This policy expressly prohibits such an application.
16
Florida v. Jardines, 133 S.Ct. 1409 (2013)
3. Consent Search
4. Temporary Detention
6. Hot Pursuit
7. Abandoned Property
Any property left alone and abandoned with no one claiming ownership is
considered abandoned and may be searched.
8. Open Fields
Search and seizure laws cover real and personal property, such as homes,
business, papers, and vehicles, as well as a person; however, it does not
cover open fields. If an officer is legally present in such a field and
locates evidence, contraband or other it may be seized.
18
See, O’Connor v. Ortega, 480 U.S. 709 (1987), and City of Ontario v. Quon, 560 U.S. _____ (2010).
Roadblocks that are conducted for general crime control are run afoul the
United States Constitution and are prohibited. 20
Information road blocks are Constitutional 21, but it shall be the policy of
the department that any such road blocks must be preceded by an
operational plan that sets out both the purpose and staffing requirements
and must be approved by the Chief of Police.
10. Administrative
19
Michigan v Sitz, 466 U.S. 444 (1990).
20
See, Indianapolis v. Edmond, 531 U.S. 32 (2000) (Road blocks conducted for the purpose of drug interdiction
held to be unconstitutional since the purpose behind such road blocks is general crime control and not highway
safety).
21
See, Illinois v. Lidster, 540 U.S. 419 (2004) (Informational road block that sought assistance of motorists in the
area of a hit and run fatality held to be Constitutional.)
H. Conducting Searches
3. All contacts and calls shall be properly recorded in accordance with this
policy and cleared through ECC with the appropriate disposition code.
5. Vehicle Stops
I. POLICY
Making an arrest, taking the liberty from an individual, is the most serious constitutional
action an officer can undertake. Officers shall exercise legally sound law enforcement
judgement in making an arrest whether based upon a valid arrest warrant or upon
probable cause.
II. PURPOSE
The purpose of this order is to define the authority of officers to arrest, and the
mechanism for making an arrest.
III. DEFINITIONS
A. Arrest – an individual has been arrested when he/she is not free to go, whether or not
formal words of arrest are used. An arrest constitutes a seizure of the person for
Fourth Amendment purposes. The Fourth Amendment requires probable cause to
arrest. The test, in interviews or stops of persons, for whether an arrest has occurred is
whether a reasonable person under the circumstances of the encounter would have felt
free to leave.
B. Probable Cause – probable cause exists when the facts and circumstances within an
officer’s knowledge and of which he had reasonably trustworthy information are
sufficient to cause a prudent person to believe that an offense has been or is being
committed. Probable cause has come to mean more than mere suspicion, but less
evidence that would justify judicial conviction.
C. Reasonable Suspicion – such suspicion that will justify an officer, for Fourth
Amendment purposes, in stopping a defendant in a public place is quantum of
knowledge sufficient to induce a police officer, under normal circumstances, to
believe criminal activity is at hand. It must be based on specific and articulable facts,
which, taken together with rational inferences from those facts, reasonably warrant
intrusion.
IV. PROCEDURE
A. There are two ways for an officer to effect an arrest:
1. With a warrant
2. Without a warrant
B. Arrest With a Warrant
1. Who may issue a warrant is defined in section 19.2-71 of the Code of
Virginia.
a. Any authorized official has the authority to issue process for the arrest
of any person charged with a criminal offense.
2. When a warrant may be issued is defined in section 19.2-72 of the Code of
Virginia.
a. An authorized official may issue an arrest warrant in two ways:
i. on a complaint to an authorized official that a subject has
committed a criminal offense and the authorized official finds
probable cause that the crime had been committed and the subject
committed the alleged crime; or
ii. when an authorized official suspect that an offense punishable
other than by fine has been committed, he/she may, without a
formal complaint, issue a summons for witnesses. If after
examining witnesses he/she finds probable cause, the officer shall
issue a warrant of arrest.
b. Contents of an Arrest Warrant
The officer/investigator shall ensure that the warrant to be served has the
following information before the warrant is executed:
i. directed to an appropriate officer;
ii. names the accused or if unknown, a description by which the
accused can be identified;
iii. describes the criminal offense with reasonable certainty;
iv. commands the accused to be arrested; and
v. is signed by the issuing officer.
3. Magistrate Issuance of Summons instead of Warrant in Certain Cases as
defined in section 19.2-73 of the Code of Virginia
I. POLICY
It is the policy of the Charlottesville Police Department (CPD) to take reasonable steps to
provide timely, meaningful access for persons with Limited English Proficiency (LEP) to
the services and benefits the CPD provides in all CPD conducted programs or activities.
All CPD personnel shall provide free language assistance services to LEP individuals
whom they encounter or whenever an LEP individual requests language assistance
services. CPD personnel will inform members of the public that language assistance
services are available free of charge to LEP persons and that CPD personnel will provide
these services to them. It is important for all department members to become fully aware
of the language assistance resources that are available to assist them in providing services
to LEP persons.
II. PURPOSE
The Charlottesville Police Department recognizes the importance of effective and
accurate communication between its personnel and the community in which they serve.
Language barriers can impede effective and accurate communication in a variety of ways.
Language barriers can sometimes inhibit or even prohibit individuals with limited
English proficiency (LEP) from accessing and/or understanding important rights,
obligations, and services, or from communicating accurately and effectively in difficult
situations. Hampered communication with LEP victims, witnesses, alleged perpetrators,
and community members can present the CPD with safety, evidentiary, and ethical
challenges. Ensuring maximum communication ability between law enforcement and all
segments of the community serves the interests of both.
The purpose of this General Order is to establish effective guidelines for departmental
personnel to follow when providing services to, or interacting with, individuals who are
LEP consistent with federal law prohibiting national origin discrimination, including
Title VI of the Civil Rights Act and implementing regulations.
D. Translation: is the replacement of written text from one language (source language) into
an equivalent written text in another language (target language) while retaining the same
meaning.
E. Bilingual: refers to the ability to speak two languages fluently and communicate directly
and accurately in both English and another language.
IV. PROCEDURE
Department members will make reasonable efforts to ensure that police services are
provided or accessible to LEP persons.
1. Employees who have contact with LEP persons during the delivery of police services
shall immediately attempt to identify the primary language of the LEP person.
a. Use language identification cards (e.g., “I Speak Cards") which invite LEP
persons to identify their language needs to staff. CPD officers and other
employees who may have contact with LEP persons will carry language
identification cards. An example of such a card from the US Census Bureau
is available on the internet at:
http://www.usdoj.gov/crt/cor/Pubs/ISpeakCards.pdf
1. Exigent Circumstances: CPD personnel are expected to follow the general procedures
outlined in this Directive; however exigent circumstances may require some
deviations. Often times Police Officers and Police Investigators have a need to
further an investigation in a timely fashion to ensure safety, prevent the loss of
evidence, or intervene in ongoing criminal activity. In these situations it may not be
practical to delay speaking with suspects or witnesses or schedule in advance a
certified interpreter. In these instances it is permissible for Police personnel to use the
most reliable, temporary interpreter available, such as bilingual police personnel or
other bilingual individuals present to obtain vital information or to further an
investigation. Such statements should be carefully documented so as to insure there
admissibility in a court of law.
5 IMS Responsibilities: IMS, at the direction of the police supervisor, will contact the
authorized or contracted in-person interpreter service, relay all information, and
provide the location where the interpreter is needed. IMS personnel will obtain an
estimated time of arrival for the interpreter before ending the call and notify the
officer/investigator.
6 Upon Arrival of the Authorized or Contracted in-Person Interpreter: Upon the arrival
of the interpreter, the officer/investigator will verify or examine the interpreter's
identification. The officer/investigator shall record the interpreter's name and
company affiliation, if any, on the investigative report along with the interpreter's
arrival and departure times.
Once the interpreter is prepared, CPD personnel will ask all questions through the
interpreter. It is the officer’s responsibility to develop and ask any questions. Under
no circumstances will an interpreter independently question a LEP individual. The
interpreter's role is to serve as a neutral third party, taking care not to insert his or her
perspective into the communication between the parties.
5. Miranda warnings, and all other vital written materials, will be available to the suspect
or witness in his or her primary language. In the case of a language into which forms
have not been translated and in the case of illiteracy, forms will be read to the suspect
or witness in English by an officer and interpreted by a language line or contracted
interpreter.
6. Complaint Procedures for LEP Persons: Any LEP individual who wishes to file a
complaint with CPD regarding language access, or the discharge of an employee’s
duties, shall be provided with the translated Citizen Complaint Form and such
complaints will be investigated in accordance with CPD General Order 517.01
(Internal Investigations and Citizen Complaints). Complaint Forms shall be available
in Spanish and other languages as appropriate. Contracted in-person interpretation
services will be utilized when conducting any interviews of LEP complainants or
witnesses.
1. Signage: In the CPD building lobby, notice shall be posted in the most commonly
spoken languages stating that interpreters are available free of charge to LEP
1. LEP Policies: The CPD will provide periodic training to personnel about CPD's LEP
policies, including how to access telephonic and in-person interpreter services. The CPD
shall conduct such training for new recruits during their orientation or field training
program, as part of an in-service training session, and at roll call for officers at least every
two years. In-service and/or roll call training shall initially be conducted within 90 days
of the effective date of this Directive.
I. POLICY
The Charlottesville Police Department will comply with all instructions of the U.S. State
Department relating to the arrest and detention of foreign nationals, deaths of foreign
nationals, the appointment of guardians for minors or incompetent adults who are foreign
nationals, and related issues pertaining to the provision of consular services to foreign
nationals with whom we come in contact in this country.
II. PURPOSE
The purpose of this directive is to establish guidance for members who come in contact
with foreign nationals or subjects claiming to be foreign nationals.
III. PROCEDURE
A. Requirements pertaining to foreign nationals:
1. When foreign nationals are arrested or detained, they must be advised of the right
to have their consular officials notified.
2. In some cases, the nearest consular official must be notified of the arrest or
detention of a foreign national regardless of the national’s wishes. The list of
countries which require mandatory notification of consular officials in the event
that one of their citizens has been arrested is extensive. The State Department
may be contacted for guidance. To determine the foreign national’s country, in
the absence of other information, you may assume that this is the country whose
passport or other travel documents the foreign national has.
3. Consular officials are entitled access to their nationals in detention, and are
entitled to provide consular assistance.
4. When a government official becomes aware of the death of a foreign national,
consular officials must be notified.
I. PURPOSE
The purpose of this directive is to provide guidelines to members of the Department for
investigations involving Code Section 18.2-388, “Profane Swearing and Intoxication in
Public...” wherein the subject of the investigation is ill, injured or unconscious
Police Officers are always accountable for the actions they take. With this in mind
members of the Department are reminded that when a severely intoxicated person is
taken into custody, the officer is responsible for that person’s safety and welfare until
they are released from that officer’s custody.
II. PROCEDURE
A. When the subject of a public intoxication investigation is intoxicated to a degree that
the investigating officer believes the subject may cause harm to himself/herself or
others, the investigating officer will follow the procedures of arrest as follows:
1. Arrest of the extremely intoxicated subject for his/her safety;
a. In those investigations where a person is found in to be extremely
intoxicated he or she may be arrested for their safety and protection;
b. The arrested and intoxicated subject should be transported to the
Albemarle – Charlottesville Magistrate’s Office;
c. When an intoxicated subject is brought to the Magistrate’s Office, the
officer should place the arrested and intoxicated subject in a temporary
holding cell outside the magistrates office unless the cell is to capacity. In
that instance, intoxicated persons may be detained in the police van inside
the sally port unless conditions make it unsafe to do so;
d. After completing the required warrant application at the Magistrates
Office the officer shall make sure that the Magistrate has issued a
commitment order. The ACRJ will not accept an arrested person who
does not have an accompanying Magistrate’s Commitment Order;
I. PURPOSE
To provide an interim procedure for processing prisoners using LiveScan at the
Albemarle Charlottesville Regional Jail.
II. DEFINITION:
LiveScan -LiveScan is the inkless capture of fingerprints using a computer appliance that
automatically transmits the fingerprint and associated information to Central Criminal
Records Exchange in Richmond. The system provides an automated response from
CCRE as to the identification of the submitted fingerprints.
III. PROCEDURE
A. Arrested persons needing to be processed should be transported to the Albemarle
Charlottesville Regional Jail.
B. The arresting officer should fully fill out an arrest report.
1. This report will be given to jail personnel to use to collect data for the LiveScan.
2. If LiveScan is unavailable, A CCRE form (SP180) shall be completed, to include
the capture of fingerprints, and submitted to Information Management Services.
C. Jail personnel will process the prisoner including taking of a photograph and
fingerprinting using LiveScan
D. The arresting officer and prisoner will appear before the magistrate for purposes of a
bond hearing.
E. If the arrested person is committed to the jail the prisoner will be turned over to jail
personnel.
F. If the magistrate releases the arrested person during the bond hearing the transporting
officer will provide the person transportation back to the point of arrest or other
mutually agreeable location in the city.
I. POLICY
The department documents all arrests for criminal violations.
II. PURPOSE
The department collects information, including fingerprints, photographs and general
data about each person arrested. This information forms the basis of criminal histories
and documents the activities of the department. The department will comply with all
Federal, State and Local regulations governing an arrest and it's documentation.
III. DEFINITIONS
A. RMS - Records Management System. The RCIN utilizes a computer software and
hardware program for all the police reports/records generated by the police
department. It also allows participating agencies to share a local area network where
most criminal report information can be stored and managed.
B. VUS - Virginia Uniform Summons
C. CCRE - Central Criminal Records Exchange of the Virginia State Police
D. FBI - Federal Bureau of Investigation.
E. ACRJ - Albemarle Charlottesville Regional Jail.
F. Arrest - For the purpose of this general order, arrest means the placing of criminal
charges against a person, adult or juvenile. Arrest may result in taking into custody
or may be handled by summons in accordance with Virginia Code Section 19.2-74.
G. RCIN - Regional Criminal Information Network. The Charlottesville, Albemarle and
University of Virginia Police Departments and the Albemarle-Charlottesville
Regional Jail have entered into an agreement creating the RCIN. Its primary purpose
is the management of a regional RMS.
IV. PROCEDURE
A. Arrest Documentation and Processing - Adult Custody
1. Information and Management Services will create and maintain criminal history
records on each person arrested by or for the Charlottesville Police Department.
2. Every arrest for a criminal charge will be entered into the department's
computerized Records Management System. Any paperwork documenting such
arrest will also be filed in Information and Management Services area.
3. Persons taken into custody will be transported to the ACRJ processing center.
Exceptions may be made under the following conditions:
a. Arrestee requires immediate medical attention. In this case medical
attention will not be delayed. Arrangement for bond hearing will be made
with the magistrate. Processing will be done at first court appearance.
b. Mass Arrest. In these cases the Shift Commander will be responsible
for coordinating processing and bond hearings.
4. Members will document custodial arrests of adults by completing a digital arrest
worksheet that is located within the departments records management system
(RMS). In some instances, a hardcopy arrest worksheet (Form RCIN 3) will be
completely instead of a digital copy. In instances where the RMS system may be
inoperable, a hardcopy arrest worksheet will be completed and later re-entered
into the RMS as soon as practical. If the arrest is for a Part A offense, the arrest
worksheet entry will either supplement an existing report or it will accompany a
new incident report.
5. Information and Management Services will conduct a search of the department's
records for an existing OCA number. The arresting officer will make a
determination about the arrestees’ identity and its match to existing records.
6. If no record is found a new OCA number will be created.
7. The IMS staff will also conduct a warrant check of local, state and national files.
The officer will be notified of the results.
8. This procedure is explained in the Information and Management Services
Procedure Manual Section VIII. A copy of the procedure is available from any
bureau member or the IMS supervisor.
9. All persons taken into custody for a Part A offenses (See attached list) must be
processed. Persons in custody for Part B offenses may be processed if committed
to the ACRJ. The arrestee will be processed by the ACRJ staff. Persons too
intoxicated, too violent or refusing to be processed will be presented to the
magistrate and processed by the ACRJ staff before release.
a. Fingerprinting
The following is a list of Group A and Group B Offenses as defined by RMS Standards. Use this listing as a guideline to help
you determine when an arrest or warrant should be linked to an incident report. Please remember that any warrant or arrest for
Group A offenses require it to be linked to an incident report. Group B offenses do not require an incident case report, but our
Department has policy on writing reports for certain Group B Offenses, If the Group B arrest or warrant is linked to an incident
report, you should note such when entering for department records
GROUP A
Arson Robbery
Assault Offenses Sex Offenses, Forcible
Aggravated Assault Forcible Rape
Simple Assault Forcible Sodomy
Intimidation Sexual Assault with an Object
Bribery Forcible Fondling
Burglary/Breaking & Entering Sex Offenses, Non-Forcible
Counterfeiting/Forgery Incest
Destruction/Damage/Vandalism of Property Statutory Rape
Drug/Narcotic Offenses Stolen Property Offenses (Receiving., etc.)
Drug/Narcotic Violations Weapons Law Offenses
Drug Equipment Violations
Embezzlement
Extortion/Blackmail
Fraud Offenses
False Pretenses/Swindle/Confidence Game GROUP B
Credit Card/Automatic Teller Machine Fraud
Impersonation Bad Checks
Welfare Fraud Curfew/Loitering/Vagrancy Violations
Wire Fraud Disorderly Conduct
Gambling Offenses Driving Under Influence
Betting/Wagering Drunkenness
Operating/Promoting/Assisting Gambling Family Offenses, Non-violent
Gambling Equipment Violations Liquor Law Violations
Sports Tampering Peeping Tom
Homicide Offenses Runaway
Murder & Non-Negligent Manslaughter Trespass on Real Property
Negligent Manslaughter All Other Offenses
Justifiable Homicide
Kidnapping/Abduction
Larceny/Theft Offenses
Pocket-Picking
Purse-snatching
Shoplifting
Theft from Building
Theft from Coin-Operated Machine or Device
Theft from Motor Vehicle
Theft of Motor Vehicle Parts or Accessories
Motor Vehicle Theft
Pornography/Obscene Material
Prostitution Offenses
Assisting or Promoting Prostitution
I. POLICY
It is the policy of the Charlottesville Police Department to accept designations from private
property owners, identifying the Charlottesville Police Department (“CPD”) as “a person
lawfully in charge of property” for the purpose of prohibiting an individual from trespassing on
private property, after having been forbidden to do so by the deignating private property owner.
Every such designation must be in writing and on file with CPD.
II. PURPOSE
The purpose of this policy is to provide members of the Charlottesville Police Department with
guidelines for enforcing trespass violations that occur on private property. Adherence by police
personnel to predetermined guidelines for the enforcement of trespass violations on private
property are necessary to protect property and serve the interests of public safety and welfare.
IV. PROCEDURE
A. Request for Police to Accept Designation to act as a “Person Lawfully in Charge”
1. The owner, lessee, custodian or other person in charge of private property may, in
writing, designate the Charlottesville Police Department as a “person lawfully in charge of
the property” for the purpose of forbidding another to go or remain upon the lands,
buildings or premises specified in the written designation. For purposes of this policy, the
designation is referred to as a “Private Property Trespass Enforcement Letter”, or simply
as a “designation”.
2. Upon receipt of a Private Property Trespass Enforcement Letter, the letter will then be
sent through the chain of command to the Field Operations Division Commander. The
Commander will review the request. CPD will give consideration to accepting these
designations when there is a significant public safety interest that will be served.
a. The Field Operations Commander may accept or reject any proposed
designation, in their sole discretion. If approved, the letter signed by the
Field Operations Commander will be given to Information Management
Services to be kept on file.
3. The original signed copy of the Private Property Trespass Enforcement Letter will be
maintained on file in Information Management Services. A copy of each designation
accepted and signed by the Field Operations Commander will be:
a. Forwarded to the Police Records Specialists for entry into the records
management system. Once entered into the system, the record will indicate an
alert on the property that is the subject of the designation, with a confirmation
that a designation letter is on file; and
I. POLICY
It is the policy of the Charlottesville Police Department that all arrested or detained
persons be transported in a safe and reliable manner. It will be the responsibility of the
transporting officer to transport the prisoner or detainee in a manner that reasonably
protects the safety of the general public, other police officers, the prisoner or detainee,
and the transporting officer. In addition, the transporting officer should minimize the
opportunity for escape.
II. PURPOSE
The purpose of this policy is to provide written guidelines for the safe transport of
arrested or detained persons.
x New Directive
x Replaces:
Authorization: Chief R.M. Brackney
x Revises: 11/04/2019
x
x
I. POLICY
It is the policy of the Charlottesville Police Department, during every police encounter, to treat all
members of the public with dignity, respect, and in adherence with the rights and liberties afforded
by the United States Constitution and the Constitution and laws of the Commonwealth of Virginia.
A fundamental principle of this agency is to value and preserve human life. Officers shall only use
force when no other viable option is available and non-physical options are not viable or have been
exhausted. In all cases where force is used, only the minimal degree of force which is necessary to
overcome resistance shall be used. All responses to resistance by a law enforcement officer must
be objectively reasonable under the totality of circumstances. The decision to use force “requires
careful attention to the facts and circumstances of each case, including the severity of the crime at
issue, whether the subject poses an immediate threat to the safety of the officer or others, and
whether he is actively resisting arrest or attempting to evade arrest by flight.”
In addition, “the ‘reasonableness’ of a particular use of force must be judged from the perspective
of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight...the question is
whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances
confronting them.” (Graham vs Conner, 49 U.S. 386 (1989)
All officers are responsible for knowing and complying with this policy and conducting themselves
in a manner aligned with departmental expectations and standards of conduct. Any violation of
this policy will subject the officer to disciplinary action, up to and including termination, and
criminal prosecution. Supervisors shall ensure all personnel in their command understand and
comply with this policy. This policy is to be reviewed and personnel are to receive training in
responding to resistance/use of force, on an annual basis. Any questions, concerns, or clarification
requests should be addressed to your immediate supervisor and if necessary through the chain-of-
command.
The primary purpose of this policy is to establish rules and regulations governing the use of force
by officers of the City of Charlottesville Police Department when responding to resistance.
III. DEFINITIONS
Baton: A roughly cylindrical club made of wood, rubber, plastic or metal, carried as a compliance
tool and defensive weapon by law-enforcement officers.
Choke Holds / Neck Restraints: The use of any body part or object to attempt to control or disable
a person by applying pressure against the neck, including the trachea or carotid artery, with the
purpose, intent, or effect of controlling or restricting the person's movement or restricting the
person's blood flow or breathing, including chokeholds, carotid restraints, and lateral vascular neck
restraints.
Conducted Energy Weapon (CEW): Conducted Energy Weapons (Taser) are weapons that disrupt
the central nervous system of the body.
Deadly Force: Force that has the substantial likelihood of causing serious bodily harm or death.
De-escalation: Actions or communications during an encounter used in an attempt to stabilize the
situation and reduce the immediacy of the threat so more time, options, and resources can be called
upon to resolve the situation without the use of force or with a reduction in the force necessary.
De-escalation may include but is not limited to the use of such techniques such as command
presence, advisements, warnings, verbal persuasion, and tactical repositioning.
Defensive Tactics/Techniques: a response to resistance option to gain compliance from resistant or
aggressive individuals in arrest or other enforcement situations.
Duty to Intervene: Any law-enforcement officer who, while in the performance of his official
duties, witnesses another law-enforcement officer engaging or attempting to engage in the use of
excessive force against another person shall intervene, when such intervention is feasible, to end
the use of excessive force or attempted use of excessive force, or to prevent the further use of
excessive force. A law-enforcement officer shall also render aid, as circumstances reasonably
permit, to any person injured as the result of the use of excessive force.
Escalate: Actions or communications during an encounter that rapidly increase the intensity or
seriousness of the encounter that may increase the chance of violence.
Excessive force: Any force that is objectively unreasonable given the totality of the circumstances,
including the severity of the crime at issue, whether the suspect poses an immediate threat to the
safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to
evade arrest by flight.
Exigent circumstances: Those circumstances that would cause a reasonable person to believe that
a particular action is necessary to prevent physical harm to an individual, the destruction of relevant
evidence, the escape of a subject, or some other consequence improperly obstructing legitimate
law enforcement efforts. (Based on the definition from United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert.
denied, 469 U.S. 824 (1984).
1. Officers of the Charlottesville Police Department shall only use force that is reasonable
and necessary to protect life, protect themselves and/or others from bodily harm, and to
affect lawful objectives.
2. Officers shall not use deadly force against anyone, including a fleeing felon, except under
the following circumstances:
a. Protection of the officer’s life from imminent threat of serious bodily harm or death.
b. Protection of the life of another person from imminent threat of serious bodily injury or
death.
c. To prevent the escape of a person who has committed a violent felony when the officer
has probable cause to believe the person poses an imminent danger of death or serious
physical injury to the officer or another person.
3. When reasonably practical, an officer will give a verbal warning of their intent to use
Deadly Force or Less-lethal weapons on individuals prior to the use of the force. (See
Virginia Code Ann. § 19.2-83.5, Use of Deadly Force by a Law-Enforcement Officer
During an Arrest or Detention)
4. Law Enforcement officers may only use force that is objectively reasonable, necessary, and
proportional to effectively and safely accomplish any of the following:
5. Officers shall only use the minimum amount of force necessary to accomplish a lawful
purpose/objective, including levels of force lower than the level of threat when reasonable.
Officers shall not, under any circumstance, use a level of force disproportionate to the level
of threat. When it is objectively reasonable that a subject is fully under an officer’s control,
then the use of force must terminate immediately.
6. Choke Holds and/or Lateral Vascular Neck Restraints are strictly PROHIBITED, unless
the use of deadly force is appropriate and the technique is utilized as a last resort.
7. While affecting the arrest of a subject who has been placed faced down on the ground,
officers shall not position themselves on top of the subject in such a way that would restrict
the subject’s airway or ability to breathe. The use of a knee, arm, or leg positioned in such
a manner that restricts a person’s airway is strictly prohibited. While in a face-down
position, officers shall not hogtie an individual who is detained, due to the increased risk
9. An officer shall not discharge a firearm at a moving vehicle or the occupants of a moving
vehicle unless the occupants are using deadly force against the officer or another person
present, by means other than the vehicle, or when the vehicle is being operated as a weapon
and the officer or third party is faced with imminent death or serious bodily injury. When
possible, an officer threatened by an oncoming vehicle shall move out of its path instead
of discharging a firearm at it or any of its occupants. Officers should keep in mind the
following:
Shooting at a moving vehicle with a firearm is unlikely to immediately stop or
disable the vehicle.
Shooting at a moving vehicle could cause injury or death to innocent persons in the
vehicle or could strike the driver, causing the vehicle to lose control, resulting in
death or injury to innocent parties (uninvolved pedestrians and motorists).
10. A police officer shall not discharge a firearm under conditions likely to cause death or
injury to an innocent person. The only exception is a situation where an officer, or third
party, is faced with imminent death or serious bodily injury and the officer has done
everything reasonably necessary to avoid the use of deadly force.
11. Law enforcement officers have a constitutional Duty to Intervene, when a citizen’s
constitutional rights are being violated by the actions of another law enforcement officer.
This is especially important under circumstances when an officer witnesses an
unreasonable or excessive use of force against another. The failure to intervene when
having the ability to do so may subject the witnessing officer to criminal, civil, and
administrative sanctions. In addition to stopping the unlawful behavior, the following shall
apply:
12. In all instances where force is applied, once the scene is safe and as soon as practical, the
officer has a Duty to Render Aid to the subject for any medical needs. If the officer
believes that medical assistance is needed, or if the subject is requesting medical assistance,
the officer shall request the assistance of emergency medical personnel.
The goal of non-escalation and de-escalation is to gain voluntary compliance from subjects and
thereby reduce the need to use force when it is safe, feasible, and without compromising law
enforcement priorities.
When reasonable, prior to using force at any level, officers shall use proper non-escalation and de-
escalation techniques to decrease the likelihood of force and to increase the likelihood of
cooperation between officers and members of the public.
Specific non-escalation and de-escalation techniques include time and distance, officer
positioning, use of clear and effective communication skills, and/or additional personnel such as
CIT trained officers or officers with Less-lethal tools.
Officers should consider whether a subject’s lack of compliance is a deliberate attempt to resist or
whether it may be related to other factors such as: medical conditions, mental impairment,
developmental disabilities, physical limitation, language barrier, drug or alcohol impairment,
and/or behavioral crisis.
After evaluating whether a subject’s lack of compliance is based on one of the factor’s listed above,
the law enforcement officer shall determine whether force is necessary, and what force is most
reasonable to resolve the situation safely. Whenever possible and when such delay will not
compromise the safety of the officer or others, will not result in the destruction of evidence, the
escape of a subject, or the commission of a crime, an officer will allow an individual reasonable
time and opportunity to submit to verbal commands before force is used.
The Department’s “Response to Resistance Decision Making Chart” shall serve as a basis for the
use of an officer’s discretion in responding to perceived threats and acts of resistance with all
issued lethal or non-lethal weapons authorized by the agency.
The “Response to Resistance Decision Making Chart” reflects what the officer’s escalation of
force options are when presented with certain behaviors while conducting official police business.
It is the subject’s behavior that places the officer and/or others in danger. The subject’s threat is
the primary factor in choosing a force option. However, the officer should also consider the totality
of the circumstances to include, but not limited to, a subject’s altered state due to alcohol or drugs,
mental impairment, medical conditions, or the proximity of weapons.
The following are examples of how to interpret the “Response to Resistance Decision Making
Chart”. These examples are for illustrative purposes and not intended as an exhaustive list.
The following procedures shall be followed in the event of an officer’s use of deadly force.
It shall be the responsibility of the on-duty supervisor to immediately notify their
full chain of command to include the Chief of Police, for any response to resistance
that results in death or serious injury to a citizen or an officer.
The Commonwealth’s Attorney for the City of Charlottesville shall be notified by
the Chief of Police or their designee.
After consultation with the Commonwealth’s Attorney, the Chief of Police will
determine investigative responsibility regarding the subsequent criminal
investigation, to include the Department, the Virginia State Police, and/or other
agencies.
See General Order 522.10, Response to Officer Involved Critical Incidents for further procedures
governing the use of deadly force.
Each officer using force shall complete a “Subject Resistance Report” to document all response
to resistance incidents.
A “Subject Resistance Report” is not required in the following situations [unless an injury occurs
or there is a complaint of injury by either the subject or to any involved officer(s)]:
The mere presence of an officer or a police canine.
An officer’s issuance of verbal commands.
Compliant Handcuffing (with no resistance).
Escort holds (with no resistance).
The physical removal of an otherwise passively resisting demonstrator.
The unholstering or display of a firearm or other weapon. These occurrences will
be documented on a Department “Weapons Compliance Form”.
Officers shall immediately notify their shift supervisor of any response to resistance mentioned in
this directive, regardless of whether or not an arrest is made.
In addition to an Incident Based Report (IBR) required to document the incident, a “Subject
Resistance Report” will also be submitted by the officer to the shift supervisor. The form must be
completed in its entirety and submitted for review/approval prior to the end of the officer’s shift.
In the event of an injury to either the subject or officer, or an officers use of an impact weapon,
police canine, CEW, or OC spray; the immediate supervisor receiving notification shall
immediately respond to the scene to ensure the safety and well-being of the involved officer(s) and
subject(s).
The reviewing supervisor shall include copies of any related incident reports, photographs, videos,
witness summaries, all other relevant information, and submit it through the chain-of-command to
the appropriate Division Commander within a reasonable time period after the incident.
Upon completion of the RTR investigation, the Division Commander will submit the “Subject
Resistance Report”, the full investigative file, and a memorandum to the Assistant Chief of Police
that fully describes the facts, circumstances, and findings, as well as their approval (and
disciplinary recommendations, if necessary). The Assistant Chief will forward the full file to the
Chief of Police for final review/approval.
When a response to resistance incident has completed the full review process, the Assistant Chief
of Police shall forward the “Subject Resistance Report”, the investigative report, all investigative
attachments, and any other related documentation to the Office of Professional Standards for filing
and retention.
The Office of Professional Standards is responsible for ensuring all documentation relating to
Departmental response to resistance incidents are properly secured, stored, retained pursuant to
Virginia Library of Congress retention schedules, and/or expunged when appropriate (in response
to a court order). Prior to any expungement or destruction, the Office of Professional Standards
shall receive approval from the Assistant Chief of Police.
II. PROCEDURES
A. QUALIFICATIONS
B. RESPONSIBILITIES
1. The firearm instructor shall act as a coach for the shooter assisting with
techniques.
4. The firearm instructor shall demonstrate the ability to instruct the following
topics in a classroom or in live-fire exercise:
5. The firearm instructor shall demonstrate the ability to conduct firearms training
activities which would include but not be limited to:
C. DRESS
1. Firearms instructors may wear the following while actively instructing at the
Range facility.
I. POLICY
It is the policy of the Charlottesville Police Department to establish training and guidelines
pertaining to the handling, carrying, care, maintenance, and the use of the Department
issued firearms and individual sworn officer’s off-duty firearm. Each officer will be
trained in the safe handling and use of all authorized weapons and will demonstrate
proficiency with the weapon(s) before it is issued to the officer.
II. PURPOSE
The purpose of this directive is to specify the requirements for initial training, certification
and/or refresher training with firearms and non-lethal weapons. It will be the goal of
firearms training to develop officer’s shooting skills and insure all officers maintain
qualification in accordance with the Virginia Department of Criminal Justices Services.
I. POLICY
A. All sworn Police officers may carry a firearm while off-duty in accordance with
state and federal law. While off duty in the City of Charlottesville, Officers are
strongly encouraged to carry a concealed weapon when practical to do so, or at
minimum have a weapon readily available. The off duty weapon may be the
department issued sidearm or a personal weapon of a type and caliber authorized
under the guidelines and restrictions contained in general order 82-99.
1. Sworn Police Officers will use their discretion as to off duty carry outside of
the Charlottesville city limits. Off duty carry outside the Charlottesville city limits
will be governed by all Federal, State, and local laws.
A. The purpose of this order is to adopt safety directives and guidelines for dealing with
the carrying of firearms while in an off-duty status for dealing with an officer’s duty
and responsibility to take action in response to criminal activity while in an off-duty
status.
A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational
and tactical responses are withheld for community and Officer Safety (e.g., bank alarm
response, response to an active threat, and Tactical Operations).
I. PURPOSE
II. PROCEDURES
A. QUALIFICATIONS
1. Each Sworn Police Officer shall "qualify" with the issued handgun through
successful completion of the firearms training courses prior to being authorized to
carry that handgun while on-duty.
b. Officers shall make additional attempts to qualify prior to leaving the firing
range; and
B. The Range Officer shall make immediate notification to the Firearms Supervisor and
the officer's shift commander of the failure to qualify.
D. The firearms supervisor shall make arrangements for officers who score below 80%
on the annual qualification course to attend remedial training and practice days as needed
to improve their firearms proficiency
I. PURPOSE
To set policy by which retired Charlottesville Police officers are allowed to qualify with a
handgun in order to meet the requirements of 18-U.S.C. section 926c.
II. PROCEDURE
A. Requirements: Retired Officers must meet all requirements set forth under 18 U.S.C.
section 926c as being a “qualified retired law enforcement officer” having retired from
Charlottesville Police Department.
C. Retired officers will be required to meet the Virginia State standard of 70% on the
Virginia Tactical Qualification Course.
1. Name;
2. Social Security Number of retiree;
3. Date of Birth of Retiree;
4. Manufacturer of Weapon;
5. Serial Number of Weapon ;
6. Type of Weapon (revolver/semi-auto);
7. Course Fired;
1. Retirees Name;
2. Date of qualification;
3. Type of Weapon (revolver/semi-auto);
4. Firearms Range Commander’s Signature.
G. It will be the retiree’s responsibility to ensure they comply with annual qualification
requirements set forth in 18 U.S.C. section 926c. The Charlottesville Police Department
reserves the right to confirm through investigative means that retirees comply with the
requirements set forth in 18 U.S.C. section 926c before issuing a Charlottesville Police
Retired Officer Weapons Qualification Card.
I. POLICY
The Charlottesville Police Department recognizes that the presence of a highly trained,
highly skilled police tactical unit has been shown to substantially reduce the risk of injury
or loss of life to citizens, police officers and suspects. The Department further recognizes
that a well-managed “team” response to critical incidents usually results in successful
resolution of critical incidents, therefore the Charlottesville Police Department Special
Weapons and Tactics (S.W.A.T.) Team has been implemented to provide a highly trained
and skilled tactical team as a resource for the Charlottesville Police Department in the
handling of critical incidents.
II. PURPOSE
The purpose of this policy is to establish the governing regulations for member selection,
tactical training, required equipment and the potential use of the Charlottesville Police
Department S.W.A.T. Team.
I. POLICY
It is the policy of the Charlottesville Police Department to utilize a text message paging
system for SWAT Team activation. To accomplish this, ECC will send standardized,
accurate and specific information via the department issued cell phones. A numeric
backup may be utilized in addition to the text message.
It is the policy of the Charlottesville Police Department to provide specific and timely
information to SWAT officers in the event of team activation to provide for
personal/family notifications when possible to allow for proper response modes.
It is the policy of the Charlottesville Police Department to provide the above information
in order for the SWAT Team to respond to a location in as timely, safe and efficient
manner as possible.
II. PURPOSE
The purpose of this order is to have specified messages entered into the SWAT Team
member’s cell phones as to the type of response required for activation, and to specify
expected times for fully operational status of the SWAT Team.
I. POLICY
In hostage/barricaded subject situations it shall be the policy of the Charlottesville Police
Department to consider the lives of the hostages, civilians and officers involved to be of
the utmost importance; whenever possible, to enhance the prospects of peacefully
resolving the incident through communication with the suspect; whenever possible, to
develop and maintain the ability to use alternative approaches to resolve the incident
should communications fail (Tactical Options); and in hostage situations, to make every
reasonable effort to effect the safe release of the hostages.
II. PURPOSE
It is the purpose of this policy to provide general guidelines for handling
hostage/barricaded subject situations, both stationary and mobile.
I. POLICY
The Charlottesville Police Department recognizes that the presence of a select, well-
trained and equipped Crisis Negotiation Team (CNT) has been shown to substantially
reduce the risk of injury or loss of life to citizens, police officers and suspects. The
Department further recognizes that a well managed "team" response to critical incidents
may result in successful resolution of critical incidents; therefore the Charlottesville
Police Department Crisis Negotiation Team (CNT) has been implemented to provide a
highly trained negotiations team as a resource for the Charlottesville Police Department
in the handling of critical incidents.
II. PURPOSE
The purpose of this policy is to establish the governing regulations for member selection,
negotiations training, required equipment and potential use of the Charlottesville Police
Department Crisis Negotiation Team.
I. POLICY
It shall be the policy of the Charlottesville Police Department to respond to all bomb
threats, bomb incidents, or suspected explosive devices.
II. PURPOSE
The purpose of this general order is to provide guidelines for investigating a reported
bomb threat, bombing incident, or suspected explosive device.
III. DEFINITION
Command Post - is a designated location that is usually in the immediate area of a crime
scene where officers assemble. Direction and communication is given and operational
instructions are formulated and implemented. The nature of a crime scene will usually
dictate the type of command post established. Examples of crime scene command posts
are a supervisor’s vehicle, street locations, a designated area at a crime scene, specific
buildings, etc.
I. PURPOSE
The purpose of this directive is to establish procedural guidelines regarding response to
bank alarms by patrol units, and to implement a complementary cooperative alarm
program established by bank officials in efforts to accomplish the following objectives.
A. To insure the safety of “financial institutions” personnel and citizens as well as Police
Officers if a bank robbery is actually in progress.
B. To promote a uniform response procedure by Police personnel, and to familiarize
officers with alarm procedure to be used by bank personnel, thus establishing
familiarization with each agency’s course of action in the event of a bank robbery.
A limited number of the enclosed City of Charlottesville Police Department General Orders
have been redacted. The redactions ensure that that Police Department’s operational and
tactical responses are withheld for community and Officer Safety (e.g., bank alarm response,
response to an active threat, and Tactical Operations).
I. PURPOSE
The purpose of this directive is to provide a uniform procedure for investigating an
unsecured building or burglary alarm that has been reported by a citizen, an alarm system
or by a police officer.
I. PURPOSE
The purpose of this directive is to insure the safety of citizens and officers by providing
uniform procedural guidelines for response to robbery in progress or robbery alarm calls.
A limited number of the enclosed City of Charlottesville Police Department General
Orders have been redacted. The redactions ensure that that Police Department’s
operational and tactical responses are withheld for community and Officer Safety
(e.g., bank alarm response, response to an active threat, and Tactical Operations).
I. POLICY
It is the policy of the Charlottesville Police Department to recognize and manage all
critical or unusual police incidents in a professional and responsible manner in an effort
to prevent the loss of life, damage to property and to minimize the impact upon the
community. In compliance with the Homeland Security Presidential Directive-5,
Charlottesville City Council passed a resolution for the adoption of the National Incident
Management System (NIMS). As such, the Charlottesville Police Department will
respond to such critical incidents using guidelines set forth by NIMS.
I. POLICY
The Charlottesville Police Department shall have primary responsibility to coordinate all
search and rescue (SAR) operations.
II. PURPOSE
II. DEFINITION
Hasty search –This is a quick and efficient search by small SAR teams that travel quickly
to the identified search area. A hasty search is generally the first tactic used in the early
hours and days of a search.
III. PROCEDURES
I. POLICY
It is the policy of the Charlottesville Police Department to utilize a text message system
for CNT Team activation. To accomplish this, ECC will send standardized, accurate and
specific information via the department issued cell phones.
PURPOSE
Proper activation procedures will ensure a timely response of the team and provide
situational information in an expedited form. Utilizing defined priority codes will allow
members to expedite their responses accordingly.
I. POLICY
All Charlottesville Police Department employees should follow established evacuation
guidelines should the need arise for the evacuation of employees and citizens during an
emergency.
II. PURPOSE
To establish a life safety policy for the Charlottesville Police Department should the need
arise for the evacuation of employees and citizens during an emergency, which is
consistent with other city departments.
I. POLICY
It is not unusual for a tactical team to arrive at the scene of a barricaded incident and find
that patrol personnel have contained the suspect within a secure perimeter. There is
generally time for the tactical team to deploy their personnel without serious concern of
suspect escape. Once the incident has been isolated, time enables patrol and/or tactical
personnel to formulate a structured and deliberate plan.
But there are scenarios that require immediate deployment and rapid intervention of
patrol personnel prior to the arrival of the tactical team. In these cases delayed
deployment could have catastrophic consequences. These scenarios often involve an
ongoing “shots-fired” or “downed officer/citizen rescue.” It may also necessitate the
immediate and rapid deployment of law enforcement officers to contain and prevent the
escape of an armed and dangerous person.
I. POLICY
A civil disturbance may take various forms and may vary in size and amount of danger
and violence. Civil disturbances include riots, disorders, and violence arising from
dissident gatherings, sports events, concerts, political gatherings, labor disputes, and
student party events. The primary importance in any civil disturbance is police
intervention to defuse the situation and restore order. It is the policy of the Charlottesville
Police Department to be able to respond with trained police officers to any civil
disturbance for the purpose of isolating the situation and bringing it under control.
II. PURPOSE
The purpose of this order is to establish procedures for the Charlottesville Police
Department’s response to civil disturbances, mass arrests, and the rapid mobilization of
Department personnel for these events and other emergency situations.
I. POLICY
The Charlottesville Police Department shall maintain a unit of trained and specially
equipped personnel to contain, stabilize, and/or terminate situations including, but not
limited to, armed and barricaded criminal or emotionally disturbed persons, hostage
cases, sniper incidents, and any known or threatened ambush attacks.
II. PURPOSE
The purpose of this directive is to state the policy for the use of the Critical Incident
Management Team (CIMT) and to describe the composition and function of the three
major elements of the Critical Incident Management Team, which are the Special
Weapons and Tactics (SWAT) Team, the Crisis Negotiations Team (CNT) and the
Investigative Response Team (IRT).
I. POLICY
It is the policy of the Charlottesville Police Department to provide guidelines for the proper
management and control of the Department's canine team.
II. PURPOSE
The Police Canine Team will be operated on a year round basis. The Canine Team will
maintain a flexible schedule so that they can respond to any situation where departmental
objectives are most effectively accomplished.
I. POLICY
It is the policy of the Charlottesville Police Department to provide guidelines for the proper
usage, care, management and control of the Departments Comfort Canine.
II. PURPOSE
The purpose of the Comfort Canine is to establish procedure and regulations governing
the deployment, training, evaluation, and use of the Comfort Canine and define
authority, circumstances, and responsibility for their use and care.
A. DEFINITIONS
Comfort Canine: The Comfort Canine is a Canine that is trained in providing stress-
relieving services to officers, children and victims of crimes who have gone through a
traumatic event.
B. PROCEDURES
1. A Comfort Canine Handler will be chosen by the Chief of Police after a request is sent
out department wide asking for volunteers interested in being a Comfort Canine Handler.
2. When not engaged in training or animal maintenance, the primary Comfort Canine
Handler will utilize the Comfort Canine in activities including but not limited to:
a. engaging with students in the Charlottesville City Schools system;
b. arranging times for officers to engage with the dog;
c. attending Charlottesville Police Department-sanctioned events with the department
and/or community;
d. engaging with victims of crime during criminal investigations such as CPD
investigations, missing persons, sex crimes, child abductions, child exploitation and
internet crimes to help victims feel more at ease while speaking about their situation;
and,
e. providing public education about the Comfort Canine Program through community
relations demonstrations.
i. requests for demonstrations will be routed to the Comfort Canine
C. RESPONSIBILITY/ MAINTENANCE
1. The primary handler of the Comfort Canine shall be responsible for the majority of
the maintenance and housing for the dog. If the primary handler is unable to care for
the dog due to an illness, vacation, or other unspecified matter, the secondary handler
will assume the primary handler’s responsibilities.
D. TRAINING
3. The Field Operations Division Commander will ensure that the above training is
conducted as indicated and will ensure that the training records are maintained for
each Comfort Canine Team by the Training Bureau.
E. REPORTING PROCEDURES
1. Usage of the Comfort Canine will be documented on a monthly basis by the handler
to the handlers supervisor and forwarded to the Filed Operations Division
Commander.
2. If a therapy dog bites any person (child, suspect, citizen, or officer) the handler shall
ensure that proper medical treatment is received by the person who was bitten as
soon as possible.
4. The handler and their supervisor shall examine all injuries. All injuries will be
photographed (when applicable), regardless of the suspected nature of the injury.
Photos will be submitted with the Incident Case Report, Risk Management forms,
F. VEHICLES
1. A sworn-officer will use modified department issued vehicles for transporting the
therapy dog if deemed neccessary. A civilian employee, identified as a handler,
will use their personal vehicle for transport and will be provided appropriate
equipment for safe transportation. Handlers may carry refreshments for the
Comfort Canine in the vehicle. Handlers will report any maintenance deficiencies
immediately to the handler’s supervisor. Due to the fact there is no
heat sensor provided in the vehicle, at no time shall the Comfort Canine be in the
vehicle unaccompanied. The Comfort Canine will accompany the handler at all
times.
1. Recommendations to retire a Comfort Canine for cause will be made through the
chain of command. After consultation with the departmental veterinarian and an
approved trainer, the Chief will make the recommendation as to whether or not the
Comfort Canine may be retired to the care of the handler or stay in service. If it is
determined that the Comfort Canine should be retired, the handler may be required
to purchase the therapy dog at a cost determined by the Chief, if so desired.
2. In cases where a handler leaves, the Comfort Canine will remain the property of
the department. If the canine is determined to be suitable for reassignment
to a new handler, it shall be retained within the department. If the canine is
determined unsuitable for reassignment, the canine shall be made available for
purchase to the departing member if so desired.
I. POLICY
Officers shall be trained and perform traffic direction and control in a uniform manner in
accordance to the Code of Virginia 46.2-834, 42.2-1309, and 46.2-1310 and in
compliance with this directive.
II. PURPOSE
This directive is to establish safe, efficient and uniform procedures for traffic direction
and control.
III. PROCEDURE
A. Uniform Hand and Whistle Signals
1. Pursuant to Section 46.2-1309 of the Code of Virginia, officers shall use the
following hand signals:
a. To stop traffic by hand, the officer shall stand with shoulders parallel
to moving traffic. Raise the arm(s) to forty-five degrees above the
shoulder(s) with the hand(s) extended, palm(s) towards the moving traffic
to be stopped.
b. To move traffic by hand, the officer shall stand with the shoulders
parallel to the traffic to be moved. Extend the right arm and hand full
length at the height of the shoulders, towards such traffic, fingers extended
and joined, palm down. Bring the hand sharply in the direction the traffic
is to move. Repeat the movement with the left arm and hand to start
traffic from the opposite direction.
2. If the whistle is used, pursuant to Section 46.2-1309 of the Code of Virginia, it
shall be used as follows:
a. To stop traffic, the officer shall sound one blast (one long blast).
b. To start traffic, the officer shall sound two blasts (two short blasts).
I. PURPOSE
The purpose of this directive is to establish uniform expectations, guidelines and
procedures for officers to follow in enforcing the traffic laws of the City of Charlottesville
and Commonwealth of Virginia as an accepted method of protecting lives by preventing
accidents, as well to protect property and create a sense of order.
II. POLICY
It is the policy of the Charlottesville Police Department to proactively address traffic
violations through stopping violators and issuing summons to court and writing written
warnings.
All motor vehicle traffic enforcement shall be conducted in accordance with State Laws
and City Ordinances. Traffic law enforcement is considered to be a law enforcement
prevention method that saves lives, reduces injuries, protects property and maintains a
sense of order and predictability for other drivers and pedestrians. In addition to high
visibility enforcement being a deterrent to criminal activity, it serves as a deterrent to
violations of motor vehicle statutes.
Traffic enforcement includes not only summonsing and custodial arrest of serious
violators, but also warnings given to those motorists and pedestrians who commit less
serious violations. Furthermore, any officer conducting traffic enforcement in any
Departmental vehicle (marked or unmarked) will be equipped with at least a siren and
emergency lights in operational order, and in constant radio communications with the
Emergency Communications Center (ECC).
III. PROCEDURE
A. Types of Enforcement
1. Warnings
a. A written warning is the preferred method to utilize a warning. A written warning
to a motorist or pedestrian in lieu of a summons for an observed traffic violation
is considered to be an effective means of traffic enforcement. The written
warning permits an officer to leave the citizen with a positive and favorable
2. Speeding Violations
a. Speeding violations range from barely exceeding the posted speed limit to
violations where the speed is dangerous to the motoring public who are safely
utilizing the roadways of the community. Officers should follow their training
guidelines for speed tolerance, and additionally, officers should consider the
8. Multiple Violations
a. When an officer observes multiple violations by the driver of a motor vehicle
they may cite the driver for all violations observed or only for the most
serious violation. In the case where the officer decides to enforce only the
most serious violation they shall issue a written warning to the violator on the
less serious infractions.
I. PURPOSE
The purpose of this directive is to provide guidelines for the execution of Commercial
Motor Vehicle Safety Inspections.
II. POLICY
It shall be the policy of the Charlottesville Police Department to patrol in a proactive
manner, to actively enforce the commercial motor vehicle laws of the City of
Charlottesville, Commonwealth of Virginia and the Federal Motor Carrier Safety
Regulations. Our objective is to conduct safety inspections on commercial motor vehicles
to ensure the safety of the citizen’s that live, work and visit the City of
Charlottesville. Only officers that have been federally certified through CVSA
(Commercial Vehicle Safety Alliance) shall conduct safety inspections on commercial
motor vehicles.
I. POLICY
Officers of the Charlottesville Police Department shall stop and render assistance to
stranded motorists and other persons found to be in need of assistance on the streets,
roads and other public areas in the City of Charlottesville.
II. PURPOSE
The purpose of this directive is to establish guidelines for members of the Department to
use when aiding and/or assisting motorists or other persons found to be stranded or in
need of assistance.
III. PROCEDURE
A. Emergency Assistance
Officers responding to a request for emergency roadway assistance shall summons
the appropriate response to the scene when necessary. Officers should assist with the
emergency problem within the scope of their training and competence, and if
necessary may extinguish small fires with their issued fire extinguisher.
B. General Assistance
Officers observing a motorist or others who appear to be in need of assistance or in
distress shall stop and determine what assistance is needed. If the officer is in the
process of responding to an assigned request for police assistance, which makes
stopping to render assistance ill-advised, the officer shall contact the Emergency
Communications Center (ECC) and ask that another unit be dispatched to initiate the
roadway assistance.
C. Mechanical Assistance and Towing Service
1. Officers shall not “jump start” any vehicle as it may cause damage to the
Department vehicle, e.g. the electrical and/or radio systems.
I. POLICY
It shall be the policy of the Charlottesville Police Department to allow police escorts in
limited circumstances such as for the safe passage of oversized loads, hazardous or
unusual cargo, the expedited movement of public officials, prisoners or other dignitaries,
funerals and for the protection of the public during parades or other special events.
II. PURPOSE
The purpose of this directive is to provide guidelines for Department Members when
responding to requests for, and providing police escorts.
III. PROCEDURE
A. The Department may provide escorts for funerals. Requests for funeral escorts
should be directed to a Traffic Unit Supervisor.
B. The Department may provide escorts for other circumstances where there is a
reasonable need and a public benefit. All such cases shall be directed to a Traffic
Unit Supervisor.
C. For all escorts:
1. The supervisor approving the escort shall plan the routes and operational
assignments in advance to ensure safe and efficient use of resources.
Consideration will be given to peak travel times and routes in order to safely
handle the vehicle(s) being escorted with the least possible impact to commerce
and the travelling public
2. Emergency or rapidly developing situations where advance planning is
impractical and impedes the operational needs of the escort will be considered for
approval by a Shift or Traffic Unit Supervisor. Such escorts will be handled in
accordance with all provisions of this order with the exception of pre planning.
I. POLICY
It is the policy of the Charlottesville Police Department that officers shall use and operate
body worn cameras (BWC) and In-Car Mobile Video Cameras (MVR) consistent with
this General Order (“Policy”).
II. PURPOSE
This policy does not govern the use of covert recording devices used in undercover
operations, or other recording devices used for or in connection with criminal
investigations.
III. DEFINITIONS
Body Worn Camera (BWC): A video and audio recording device(s) worn “on the body”
of a police officer
In-Car Mobile Video Recorder (MVR): A video and audio recording device(s) that is
physically mounted inside a law enforcement vehicle.
Law Enforcement Activity: For the purpose of this General Order, the phrase means
actions taken by a law enforcement officer, involving in-person engagement with any
member(s) of the public, including, without limitation: consensual stops and encounters;
investigative stops and searches; responses to calls-for-service; responses to emergency
The following activities are EXCLUDED from the definition of Law Enforcement
Activity, and from the coverage of this General Order: performance by an officer
of duties of employment other than law enforcement activities (for example,
report-writing at a desk within the Department; conversations between officers
which take place within a Department office, restroom, or locker room; off-duty
employment activities other than those involving a Law Enforcement Activity)
Chief of Police: For purposes of this Policy, the term Chief of Police shall mean the Chief
of Police and a lieutenant or captain within an officer’s chain of command who is
carrying out an instruction or order given by the Chief of Police or authorizing an activity
on behalf of the Chief of Police.
IV. PROCEDURE
A. Training; preservation of recordings
1. Officers who are assigned a BWC, or who are assigned a vehicle equipped
with an MVR, shall complete a Department approved training program to ensure
proper use and operation before utilizing the equipment. Additional training, as
determined by the Chief of Police, may be required at periodic intervals to ensure
the continued effective use and operation of equipment, and to incorporate
changes, updates, or other revisions in department policy and equipment.
2. Officers will utilize a BWC and MVR in accordance with the Department-
approved training program.
B. Equipment
1. Department-issued BWC and MVR shall be used only for and in connection
with performance of an officer’s law enforcement duties for the City of
Charlottesville (which may include extra-duty employment in which an officer
will be in a City uniform). BWC and MVR shall not be used for non-work related
or personal activities.
2. Officers shall use only those BWC and MVR issued by the Department. The
wearing or use of BWC or MVR owned by an individual officer, or other non-
City-issued audio/video recording equipment, is prohibited. For the purpose of
this paragraph cell phones, smart phones, computer tablets and laptop computers
are not considered to be “audio/video recording equipment”.
5. If an officer has been issued a BWC, or a vehicle equipped with an MVR, the
officer shall utilize that equipment to record law enforcement activity. If the
BWC or MVR is not functioning properly, or in circumstance where an officer
believes that supplemental audio or video recording(s) will further the purposes
of this Policy, then the officer may utilize recording devices or applications on
cell phones, smart phones, computer tablets or laptop computers issued by the
City to police officers.
1. Each officer assigned to a fleet vehicle equipped with a MVR will, prior to
begining a shift, turn the MVR power on and log into the MVR system using his
or her log-in credentials. The officer shall conduct an operational inspection and
then will leave the MVR powered on throughout the duration of their shift.
H. Retention of Recordings
1. BWC, MVR, and all other department authorized recording equipment
recordings will be securely stored in accordance with applicable record retention
I. POLICY
The Charlottesville Police Department recognizes the need for all of it’s citizens and
visitors to be provided with a safe and secure environment while in the City of
Charlottesville. The Charlottesville Police Department alongside the City of
Charlottesville’s Department of Information and Technology has established a camera
security system throughout numerous areas of the City of Charlottesville to use as a tool
in assisting in the prevention of crime as well as assist in the solving of crimes
committed.
II. PURPOSE
This policy is intended to provide officers of the Charlottesville Police Department with
guidance on the usage of the City’s camera security system and to establish the instances
on which the cameras may be utilized.
III. DEFINITIONS
IV. PROCEDURE
A. Responsibility
1. The City of Charlottesville Physical Security Specialist is responsible for, but
not limited to the following:
a. serving as the liaison between the Police Department and the
Department of Information and Technology;
b. maintaining and regularly updating a list of all individuals who have
been given access to the Ocularis System. This includes notifying the
Department of Information and Technology when an employee who
has access seperates from their employment; and
c. coordinating with Department of Information and Technology with
C. Usage
1. All security cameras have the capability of recording for 24 hours, 7 days a
week. Access to footage will be available for 14 days. Any recordings older than
14 days will no longer be available.
2. Security cameras are not commonly monitored under normal operating
conditions, but may be monitored by designated CPD personel for legitimate
safety and security purposes to include, but are not limited to: monitoring
restricted access areas/locations, monitoring traffic for special events, conducting
criminal investigations, and enhancing response of public safety agencies such as
police, fire, and emergency medical services.
3. Unauthorized use of the security cameras or their equipment may result in
disciplinary action.
D. Retrieval, Dissemination and Storage of Recordings
1. All recordings that are downloaded from the Ocularis System will be treated
as any other evidence. (Refer to General Order 563.00)
2. It is the policy of this Department that the recordings generated by the
Ocularis System is the property of the Charlottesville Police Department.
3. Any request made by members of this Department to view and/or retrieve
video footage shall be made via email or memo submitted to their appropriate
shift or bureau commander. The request shall then be forwarded to the
Charlottesville City Physical Security Specialist. The request should state the
pupose for which the video is being sought and the date and time frame of video.
I. PURPOSE
The purpose of this directive is to provide guidelines for the execution of traffic stops
while maintaining safety, avoiding bias and gaining respect.
II. POLICY
I. POLICY
It is the policy of this agency that each radar operator follows the operational guidelines
set forth by state law and the National Highway Traffic Safety Administration (NHTSA)
II. PURPOSE
The purpose of this policy is to establish procedures and guidelines for the operation of
speed measuring devices.
III. PROCEDURE
A. RADAR
1. The tolerance policy concerning speed violations will be closely followed when a
summons is issued or an arrest is made whether the violator is either checked by
RADAR or by a pace method.
2. The summons should reflect the exact speed indicated by the RADAR. If a
summons is issued as the result of a speed checked by RADAR, it should reflect
the following examples:
a. Stationary Mode – Speeding 61/45 MPH Zone (RADAR); and
b. Moving Mode - Speeding 61/45 MPH Zone (M-RADAR)
3. Each officer may complete a radar enforcement activity log that identifies the
radar set operated and the vehicle utilized in the enforcement. This document
should reflect two entries as to the testing of the radar set; at the beginning of the
shift enforcement and at the conclusion of the shift enforcement. If a radar log is
not used, it is the responsibility of the user to document the vehicle operated,
radar unit number, and tuning fork numbers for court purposes.
4. RADAR, when used in the moving mode or stationary mode, will be checked for
accuracy by the operator with the tuning forks provided before and after each
traffic stop. Additionally, at the beginning and end of each shift, the operator will
also check the following:
I. PURPOSE
The purpose of this directive is to establish Department procedures to be used when an
unlicensed juvenile operator is found to be driving a motor vehicle on a public roadway.
II. PROCEDURE
A. When an officer’s roadway traffic stop investigation finds a juvenile to be driving a
motor vehicle without being a duly licensed operator the officer shall make every
effort to identify and interview the owner of the vehicle.
1. In those cases where the unlicensed juvenile operator is suspected to be driving
the motor vehicle without the permission of the vehicle’s owner or custodian, the
officer shall make a reasonable effort to contact the vehicle’s owner or custodian
to verify the circumstances in which the juvenile came into possession of the
vehicle, including if the vehicle was taken with or without the vehicle owner’s or
custodian’s permission.
2. When the investigating officer has a reasonable suspicion that the unlicensed
juvenile was operating the motor vehicle with the permission of the vehicle’s
owner or custodian, the officer shall be required to make a reasonable effort to
locate and interview the owner/custodian to develop probable cause for further
police action.
3. Should an unlicensed juvenile, who is in possession of a valid learner’s permit, be
found to be operating a motor outside of the learner permit’s restrictions the
investigating officer shall make a reasonable effort to locate and interview the
owner/custodian of the vehicle to develop probable cause for further police action.
B. Enforcement Action
Incidents involving unlicensed juvenile drivers shall be thoroughly investigated, will
require the preparation of an Incident Case Report and shall be documented in the
RMS system. Documentation will provide a retrievable record of similar past
conduct.
GO 541.22 – Juvenile Unlicensed Operation of a Motor Vehicle 1
Rev: 06/18/18
1. Police officers have a range of enforcement action that may be taken in regard to
an unlicensed juvenile driver. Officers shall not routinely release the unlicensed
juvenile to their parent or guardian with counseling, unless such action is
appropriate under the totality of the circumstances.
2. Appropriate enforcement shall include:
a. released to parent/guardian with counseling;
b. issue of traffic summons; or
c. petition to Juvenile Domestic Relations Court
3. When the totality of the officer’s investigation justifies probable cause for a
charge of Code Section 18.2-102, Unauthorized Use of Animal, Aircraft, Vehicle
or Boat, the unlicensed juvenile should be petitioned into JDR Court through the
established Department procedure.
4. When an officer investigates the unlicensed juvenile operation of a motor vehicle
he or she should issue traffic summons to the unlicensed juvenile operator
(Virginia Code Section 46.2-300, Driving Without a Licensed Prohibited).
Further, when the officer develops probable cause to believe the motor vehicle
was being operated with the consent of its owner or custodian the officer may
charge that person with Virginia Code Section 18.2-371, Causing or Encouraging
acts rendering children delinquent, abuse, etc.
5. After considering the totality of the circumstances in specific restricted incident of
“joyriding” involving the operation of a parent’s or guardian’s vehicle, officers
can release the unlicensed juvenile driver to that parent or guardian with
counseling. However, officers shall be cautious in their use of discretion and not
consider this option without the proper justification.
6. When investigating a juvenile operating a motor vehicle outside his/her learners
permit restrictions and having no probable cause for additional charges, officers
may issue a traffic summons or release the juvenile with a department warning
ticket. If a summons is issued, a notation should be made on the summons that
the unlicensed operation occurred while driving outside the permit’s restriction.
In addition, and when appropriate, the officer shall prepare a traffic memo and
forward it to the prosecutor advising the case to be a simple traffic violation.
C. Release of unlicensed juvenile and automobile.
1. When practicable, an unlicensed juvenile operator shall be released to his or her
parent or guardian with an explanation of the traffic stop incident and any
accompanying court action.
a. The juvenile may be taken home to his/her parent or guardian or when the
distance prevents, brought to the police station to await their arrival.
b. When an Officer’s enforcement action requires referral to the JDR Court such
referral shall be made according to Department procedure, which shall include
the evening intake service available through the Juvenile Court Assessment
Center.
GO 541.22 – Juvenile Unlicensed Operation of a Motor Vehicle 2
Rev: 06/18/18
2. The Vehicle used in the unlicensed operation shall be left secured and legally
parked at the scene, unless circumstances dictate otherwise.
I. POLICY
All personnel operating department vehicles shall exercise due regard for the
safety of all persons. Members of the department who operate department
vehicles will strictly adhere to existing state and local statutes and this policy.
Particular attention will be focused on responding to calls for service. Officers
engaged in emergency vehicle operations shall utilize both the audible (siren) and
visual (emergency lights) emergency warning equipment while engaged in
response to emergency calls for service in accordance with 46.2-920 of the Code
of Virginia.
II. PURPOSE
To establish guidelines governing the operation of police vehicles, with special
attention to response to emergency calls for service.
III. DEFINITIONS
A. ECC- Emergency Communications Center
A. The driver of any emergency vehicle, when such vehicle is being used in the
performance of public services, and when such vehicle is operated under
emergency conditions, may, without subjecting himself to criminal prosecution:
1. Disregard speed limits, while having due regard for safety of persons
and property;
2. Proceed past any steady or flashing red signal, traffic light, stop sign, or
device indicating moving traffic shall stop if the speed of the vehicle is
sufficiently reduced to enable it to passa signal, traffic light, or device with
due regard to the safety of persons and property;
5. Pass or overtake, with due regard to the safety of persons and property,
another vehicle at any intersection;
6. Pass or overtake with due regard to the safety of persons and property,
while en route to an emergency, stopped or slow-moving vehicles, by
going to the left of the stopped or slow-moving vehicle either in a no-
passing zone or by crossing the highway centerline; or
7. Pass or overtake with due regard to the safety of persons and property,
while en route to an emergency, stopped or slow-moving vehicles, by
going off the paved or main traveled portion of the roadway on the right.
Notwithstanding other provisions of this section, vehicles exempted in this
instance will not be required to sound a siren or any device to give
automatically intermittent signals.
C. For the purposes of this section, the term "emergency vehicle" shall mean:
3. Any vehicle used to fight fire, including publicly owned state forest
warden vehicles, when traveling in response to a fire alarm or emergency
call;
1. Disregard speed limits, while having due regard for safety of persons
and property;
2. Proceed past any steady or flashing red signal, traffic light, stop sign, or
device indicating moving traffic shall stop if the speed of the vehicle is
sufficiently reduced to enable it to pass a signal, traffic light, or device
with due regard for the safety of persons and property;
4
5. Pass or overtake, with due regard for the safety of persons and property,
another vehicle.
IV. PROCEDURE
When an officer is assigned calls for service, the following response guidelines
shall be used: Priority 1, Priority 2 and Priority 3. Priorities are determined by
ECC in accordance with their policy.
A. ECC Priority 1 (Emergency Response)
1. Includes all calls that meet the following ECC criteria:
a. there is imminent threat to life or of serious injury;
b. the incident is violent or involves a weapon; the incident has the
potential to become violent;
c. the suspect in a serious incident is still on the scene or in the
immediate area;
d. there is potential for significant property damage; and/or
e. the incident may cause serious disruption of the peace.
f. ECC Priority 1 calls may be in progress or may have just occurred.
i. ECC Priority 1 calls that already have occurred may include
incidents where evidence may be disturbed or lost without
immediate response.
ii. ECC Priority 1 calls may include but are not limited to murder,
rape, aggravated assault, assaults in progress, motor vehicle
accidents with personal injury, shots fired, officer needs
assistance, any threats involving weapons, missing juveniles
under age 10, bomb threats, major fires and vicious animals
that pose a direct threat to life.
2. Emergency response is the activation of emergency equipment traveling at
the maximum safe speed taking into consideration time of day, traffic
5
6. The driver of the police vehicle should have the driver’s side window
down far enough to hear other sirens and traffic warning signals.
8. Police vehicles shall yield to school buses stopping or stopped for the
purpose of discharging or picking up students. The officer shall remain
stopped until such time as the driver of the school bus has assured him/her
that it is safe to proceed. The officer will check to make sure no students
are about to cross or who is in a position that would endanger them should
the emergency vehicle proceed.
I. POLICY
All personnel operating department vehicles shall exercise due regard for the
safety of all persons. Members of the department who operate department
vehicles will strictly adhere to existing state and local statutes and this policy.
Particular attention will be focused on engaging in vehicle pursuits. Officers
engaged in emergency vehicle operations shall utilize both the audible (siren) and
visual (emergency lights) emergency warning equipment while engaged in
vehicle pursuits or overtaking a vehicle in accordance with 46.2-920 of the Code
of Virginia. When using a department vehicle in emergency operations, pursuing
officers and supervisors must justify their actions and, once they have decided to
pursue, continue to evaluate the safety of their actions.
II. PURPOSE
To establish guidelines governing the operation of police vehicles, with special
attention to pursuits.
1
GO 541.27 Vehicle Pursuit
Rev. 11/22/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense with
respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative setting.
I. POLICY
It is the policy of this Department to actively and aggressively enforce the laws of the
Commonwealth that prohibit the operation of motor vehicles while under the influence of
alcohol or drugs.
When an officer observes a vehicle being operated in such a manner as to give the officer
reasonable and articulable suspicion that the operator of the vehicle may be under the
influence of either alcohol or drugs, it is that officer’s responsibility to stop the vehicle
and investigate further. In addition, if an officer at the scene of an automobile accident or
during a traffic stop observes that the operator of the involved vehicle may be under the
influence of alcohol or drugs, the officer shall investigate further.
II. PURPOSE
The purpose of this directive is to establish the Department’s policy regarding Driving
Under the Influence of Alcohol (DUI)/ Driving Under the Influence of Drugs (DUID)
enforcement and driver license sobriety check points.
III. DEFINITION
Chief Police Officer - For the purpose of the directive the “chief police officer” shall be
the Shift Commander.
Gender – the word “he” or any other word importing the masculine gender shall extend
and be applied to females as well as males.
IV. PROCEDURE
A. Driving Under the Influence of Alcohol (DUI)
An officer should arrest the operator of any motor vehicle, engine or train upon
probable cause to believe that the operator is under the influence of alcohol.
GO 541.31 – DUI/DUID 1
Rev: 07/13/19
1. Initial Contact With a Driver Suspected of Being DUI
a. Interview and observe the driver
i. Note any unusual odor, behavior, speech, etc.
ii. The driver should be asked if he has diabetes, other medical
problems (e.g. physical and/or mental), is taking insulin or any
other medication that might effect the drivers ability to operate
a motor vehicle.
b. Administer the standard field sobriety test and record the results.
c. Read the Advice of Rights to a Preliminary Breath Test (PBT), offer
the PBT, if available, as provided under Code section 18.2-267 and
record the results if given.
d. If there is probable cause to believe the subject is under the influence
of alcohol, as specified in Code sections 18.2-266, 18.2-266.1 or
46.2-341.24, the officer should place the suspect under arrest. The
officer will then read the arrestee the Implied Consent Law and the
Miranda Warnings if applicable and document the arrestee’s
decisions.
2. Implied Consent - if the offense of DUI has occurred on a highway, as defined
in Code section 46.2-100, the operator of the vehicle is deemed by such
highway operation, to have consented to the taking of his breath, blood or
both to determine the alcohol, drug or alcohol/drug level. For the Implied
Consent to be applicable, the officer will have to make an arrest for 18.2-266
or 18.2-266.1 or of a similar ordinance within three (3) hours of the alleged
offense. The officer should obtain a blood, breath or both blood and breath
sample as soon as possible after the arrest, but there are no specific time
restrictions. However, the more time that elapses from the arrest of the
alleged offense in obtaining a blood, breath, or both blood and breath sample,
the increase in litigation in court as to the accuracy of the test as it relates to
the levels of alcohol or drug content in the suspects body at that time of the
offense. (Code sections 18.2-268.2 and 46.2-341.26:2.)
a. When the DUI/DUID offense occurs on a public highway, the suspect
shall be advised of the options available under the Implied Consent
Statutes.
b. If the DUI/DUID offense occurs on private property, the suspect may
voluntarily submit to a chemical test, however the subject shall not be
advised of the provisions of “Implied Consent”.
c. If a subject is arrested and Implied Consent Statute is read, he shall
take the breath test, or if the breath test is unavailable or the person is
physically unable to submit to the breath test, the subject shall then
submit to the blood test. Refusal of the breath or blood test before a
magistrate shall cause an additional charge of Refusal Blood or
Breath Test in addition to the original DUI charge (Code section 18.2-
268.3).
GO 541.31 – DUI/DUID 2
Rev: 07/13/19
Note: Submission to a chemical test to determine the alcohol or drug content of a
person’s blood or breath is a civil process concerning the subject’s privilege to drive a
vehicle and not the right to drive a vehicle. Miranda warnings do not apply to verbal
decisions to submit to a chemical test under Implied Consent. However, after an
arrestee makes the decision to submit to a chemical test Miranda applies and the officer
shall warn the arrestee accordingly.
3. Arrest of subject for DUI.
a. Breath Tests
i. Secure the suspect’s vehicle or have the suspect’s vehicle
towed in accordance with Departmental policy.
ii. Transport the subject to either the Charlottesville/Albemarle
Jail (breath test) or the designated hospital emergency room
(blood test).
iii. If a breath test is to be administered and the arresting officer is
not a Breathalyzer Technician, advise ECC to have an
intoxilyzer operator dispatched to the
Charlottesville/Albemarle Jail breath testing room.
iv. The breath test shall be conducted in accordance with
procedures set forth by the Division of Forensic Science. After
the test result is received {whether the result of the test rises to
the level of legally intoxication or falls below the legal limit}
the subject shall be brought before the magistrate.
b. Blood Tests
i. If the circumstances require that a blood test be administered,
the officer shall take the arrestee to the designated hospital
emergency room to have a blood sample drawn in accordance
with the existing state law (Code section 18.2-268.6). The
vials shall be sealed by the person taking the sample or at his
direction. The person who seals the vials shall complete the
pre-numbered certificate of blood withdrawal forms and attach
one form to each vial. The completed withdrawal certificate for
each vial shall show the name of the suspect, the name of the
person taking the blood sample, the date and time the blood
sample was taken and information identifying the arresting or
accompanying officer. The vials shall be placed in a container
provided by the Division, and the container shall be sealed to
prevent tampering with the vials.
ii. A law enforcement officer shall take possession of the
container as soon as the vials are placed in such container and
sealed, and shall promptly mail the container from a U.S. Post
Office to the Division of Forensic Science.
iii. A completed Request for Laboratory Analysis (RFLE) form is
only necessary for DUID cases.
iv. After the blood samples have been drawn, the officer shall
obtain the necessary warrant(s) from the magistrate.
GO 541.31 – DUI/DUID 3
Rev: 07/13/19
c. In the event an offender is hospitalized and expected to remain in the
hospital for an extended period of time, nothing in this policy is
meant to preclude the issuance of a summons for DUI, DUID or
Refusal.
4. Driving Under the Influence of Drugs or Other Self-Administered Intoxicants
a. An officer can require that a subject submit to a blood test when
the:
i. officer has reasonable cause to believe that the operator of a
motor vehicle is under the influence of drugs or drugs and
alcohol (must follow guidelines of stated in the Implied Consent
Law);
ii. offense has occurred on a highway, per Code section 46.2-100;
and
iii. operator of the vehicle was arrested pursuant to Code section
18.2-266, 18.2-266.1 or a similar offense, and
arrest was within three (3) hours of the alleged offense.
b. Officers may develop reasonable suspicion to believe that an operator of
a motor vehicle is under the influence of drugs when he has observed
erratic or unsafe driving, and upon stopping the subject or upon arriving
at the scene of an accident, the officer observes physical impairment that
is absent any odor of an alcoholic beverage or other physical appearance
of alcohol consumption. Officers may also develop reasonable
suspicion of drug use from:
i. the physical appearance of the subject;
ii. the subject’s unusual behavior;
iii. statements made by the subject or witnesses; and
iv. finding drugs or drug paraphernalia on the subject or at the
scene.
c. When an officer arrests a suspect for DUID, the officer shall follow the
procedure stated in above section IV, A, 3, (b), as it pertains to DUI
arrests where a blood test is required. However, a variation will occur in
the packaging for mailing of the blood sample.
d. The mailing procedure for DUID blood sample is as follows:
i. The subject’s blood sample contained in the secure mailing box
with the pre-printed address label will be mailed First Class in
a suitable mailing envelope to the Division of Forensic
Science, Attention DUID. In addition to the subject’s blood
sample, the mailing envelop shall also contain:
ii. a completed and original Request for Laboratory Examination
form (DGS-70-001);
GO 541.31 – DUI/DUID 4
Rev: 07/13/19
Laboratory Examination form (DFS-70-001).
5. Reporting requirements
a. All DUI/DUID arrests shall require an incident report containing the
following information:
i. time of stop;
ii. reason for stop;
iii. admission of consumption;
iv. field Sobriety Tests utilized and results;
v. preliminary Breath Test results (if applicable);
vi. time that Implied Consent was given (if applicable);
vii. time of arrest;
viii. BAC results; and
ix. date of any previous DUI/DUID.
b. If DUI/DUID was accident related the following information shall be
included on the incident worksheet as well:
i. time of accident;
ii. consumption since accident;
iii. admission of driver; and
iv. names/addresses/contact info for others involved or witnesses.
GO 541.31 – DUI/DUID 5
Rev: 07/13/19
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.
I. POLICY
The Charlottesville Police Department recognizes the roadway dangers involved in traffic
enforcement and is committed to public safety and to the safety of its officers who
routinely make traffic enforcement stops on the public highways.
II. PURPOSE
To establish Department guidelines for officers to use when initiating marked and
unmarked police vehicle traffic stops.
III. PROCEDURE
A. Marked Vehicle Usage
1. Officers shall drive a patrol vehicle in accordance with existing laws and in such a
manner as to demonstrate exemplary driving behavior. Extreme emergency
conditions will be the only exception to this practice.
2. The use of marked vehicles is intended to maximize the effectiveness of selective
roadway enforcement action with high police vehicle visibility. The police vehicle
should not be parked in such a manner as to impede the normal flow of traffic.
B. Unmarked Vehicle Usage
1. Unmarked vehicles may be used for traffic enforcement activity in Patrol Bureau
and the Traffic Unit. Unmarked vehicles may only be used for traffic enforcement
with the approval of the on duty Shift Commander or the Traffic Unit Supervisor.
2. When the need for special enforcement exists, unmarked cars may be used for
routine patrol in the same manner as marked cars. The on duty shift commander
must approve the use of an unmarked vehicle for routine patrol purposes.
3. Speed enforcement devices may be used in unmarked police cars.
I. POLICY
Upon availability, under established guidelines, and with the approval of the
Chief of Police, police vehicles will be assigned to eligible officers within the
department as take-home vehicles. The use of a City vehicle is a privilege and
may be revoked, altered or suspended at any time by the Chief of Police based on
the operational needs of the Department, fiscal issues and continued eligibility of
the officer.
II. PURPOSE
The purpose of allowing take-home vehicle privileges is to promote and enhance
public safety within the City of Charlottesville through the increased presence of
police vehicles and decreased response times for those officers frequently called
out for emergency situations. The program will also expedite response in the
event of a citywide emergency as well as reduce vehicle replacement and
maintenance costs.
III. PROCEDURE
A. Eligibility
1. Assignment of take home vehicles will always be subject to the current
availability of vehicles and fiscal responsibility. For assignment purposes,
priority will be given to the operational needs of the department. The
Chief of Police will have final authority in determining operational
priorities and reasonable mileage restrictions. The Chief of Police will
designate which full-time sworn officers will be eligible for assignment of
a take-home vehicle.
a. All full-time sworn police officers designated by the Chief of
Police as eligible for assignment of a take-home vehicle must
meet and remain in compliance with the following criteria:
i. Have been released from employment probation;
C. Vehicle Maintenance
1. The cleanliness of take-home vehicles is the responsibility of the
assigned officer. Officers shall keep the interior clean and have the
exterior washed as needed.
2. Routine maintenance is the responsibility of the assigned officer.
Officers shall promptly make an appointment with the appropriate facility
when problems arise which require minor repairs.
3. Officers shall promptly make an appointment with the appropriate
facility when notified by a supervisor or by the Fleet Maintenance
Coordinator.
4. It is the responsibility of the officer to be sure that their assigned
vehicle is serviced at the proper location/business. Any questions about
I. POLICY
It is the policy of the Charlottesville Police Department to provide special purpose
vehicles for specialized support for its patrol, investigations and tactical operations.
Through the use of these special purpose vehicles, officers and investigators are able to
provide a higher level of service to the citizens of the community.
II. PURPOSE
The purpose of this general order is to establish guidelines for the use of special purpose
vehicles owned by the Charlottesville Police Department.
III. PROCEDURE
A. Department Owned Special Purpose Vehicles
1. For the purpose of this general order, the following vehicles utilized by the
Department are designated as special purpose vehicles:
a. S.W.A.T Equipment Van;
b. S.W.A.T Armored Rescue Vehicle;
c. C.N.T./Community Response Vehicle;
d. Forensics Van;
e. Police Bicycles (pedal and battery motor powered);
f. Marked Canine Patrol Vehicle;
g. Animal Control Vehicle;
h. Motorcycles;
i. Trail bikes;
j. Police Patrol Van;
k. Utility Terrain Vehicle; and
l. Segway Patroller.
4. Maintenance
a. The Fleet maintenance Officer will be responsible for the routine and special
maintenance of the vehicle and for inspecting the specialized equipment (if
any) stored on board the vehicle.
1. Objective
a. The Segway Patrollers will not be used when weather conditions are
determined to be unsafe.
b. The Segway Patrollers will be utilized for routine patrol in areas of high foot
traffic (e.g., Downtown Mall, Shopping Centers, Special Events, etc.)
c. The Segway Patroller will not be utilized in vehicle pursuits.
d. Any other usage will need approval from a Captain or above.
4. Maintenance
a. The Fleet maintenance Officer will be responsible for the routine and special
maintenance of the vehicle and for inspecting the specialized equipment (if
any) stored on board the vehicle.
I. POLICY
Every individual member of the Charlottesville Police Department has a responsibility
for the care, daily inspection, and reporting of deficiencies of police vehicles and their
assigned equipment.
II. PURPOSE
To establish guidelines for the inspection and upkeep of police vehicles and equipment
assigned to the vehicle.
III. PROCEDURE
A. Pre-Operation Inspection
1. Prior to operating a Department vehicle, members shall conduct an inspection
of the vehicle for the following:
a. cleanliness, damage, and defects of the exterior and interior of the
vehicle;
b. proper functioning of all vehicle lights, which shall include the
emergency grill and overhead flashing lights, spotlight, alley lights and
takedown lights, if so equipped;
c. any weapons, evidence, or other property that should not be in the
vehicle. Any property so located will be handled according to
Department property/evidence procedures;
d. adequate engine fluid levels (members shall use caution so as to not
burn or injure themselves when checking the engine compartment.);
e. every Department vehicle shall maintain an inventory sheet
documenting the equipment assigned to that vehicle; and
f. the vehicle will be inspected to see that all applicable equipment listed
on the Vehicle Inventory Sheet is present and in serviceable condition.
2. Any member who uses any item that requires replacement (emergency
blanket, latent finger print supplies, fire extinguisher, biohazard bag supplies, etc.)
or loses or damages any equipment assigned to a Department vehicle shall replace
that item(s) prior to the end of their shift. Members will replace flares as needed
on their own.
C. Supervisor Inspection
1. The Logistics Unit will perform unscheduled inspections on vehicles assigned
to the Patrol Bureau. A report of their findings will be documented on the Patrol
Bureau Vehicle Inspection Form.
2. Each Division/Bureau/Section/Unit is responsible for the cleaning and
inspection of its assigned vehicles
I. POLICY
It is the policy of the Charlottesville Police Department to request a motor
vehicle’s tow, impound or seizure in accordance with all applicable statutes of the
Code of Virginia, ordinance of the City of Charlottesville and provisions of this
directive.
II. PURPOSE
The purpose of this directive is to establish the procedures for the towing and/or
storage of unattended, abandoned, impounded or seized vehicles, to establish the
procedures for the use of the 48-hour abandoned unattended vehicle tag and to
define the use of the proper Department Forms to document the police tow.
III. DEFINITIONS
Police Tow- Any motor vehicle, trailer, moped or other type of conveyance that is
towed under the authority and direction of the City Police Department. Such a
tow will require reporting through a police tow report with the exception of
abandoned mopeds.
Unattended Vehicle- Any motor vehicle, trailer or semi–trailer that is left
unattended on or adjacent to any roadway and in the unattended condition
constitutes a hazard in the use of the roadway.
Abandoned Vehicle- Any motor vehicle, trailer or semi-trailer, or a part thereof
that is inoperative and is left unattended on public property for more than 48
hours or has remained illegally on a public right of way for a period of more than
48 hours.
Impounded Vehicle- A vehicle, which has been taken into custody by a law
enforcement officer for: evidentiary purpose as the “fruit” or instrumentality of a
crime; or when the vehicle is to be held temporarily as required by statute in cases
where persons are arrested for driving after their operator’s license has been
suspended or revoked due to alcohol related violations (Code Section 46.2-301.1).
IV. PROCEDURE
A. Police Initiated Towing
1. Any sworn police officer, or any community service officer who has
received the appropriate training, may tow a vehicle.
2. All police tows will require a police tow report with the exception of
abandoned mopeds.
3. A vehicle may be towed upon police authority in the following
circumstances:
a. The vehicle is:
i. disabled or unattended and stopped or partially stopped in a
traffic lane thus creating a hazard;
x. the driver of the vehicle has been arrested and there is not a
2. Officers shall place the 48 hour unattended vehicle police tow notice on
any unattended or abandoned vehicle when the vehicle is found unattended
or abandoned on or adjacent to any City of Charlottesville roadway or other
public area and the vehicle does not present an immediate hazard.
3. The purpose of the 48 hour unattended vehicle police tow notice tag is
to:
a. let other law enforcement officers know that the vehicle has been
checked;
b. advise the owner that the vehicle has been checked by police and
to warn that police authority will remove the vehicle; and
F. Impounded Vehicles
1. Vehicles may be impounded as evidence in a crime. Vehicles
impounded as evidence shall require a Towed Vehicle Report and the
impound will be noted on the Case Report.
a. A vehicle impounded for safekeeping purposes only and no
additional forensic work is anticipated, should be impounded at the
storage lot of the wrecker service that towed the vehicle.
d. when the owner of the vehicle was not the intoxicated driver of
the vehicle, said owner may be referred to petition the court for
release of the impounded vehicle.
G. Seized Vehicles
1. Vehicles may be seized, pending forfeiture or confiscation proceedings,
pursuant to Virginia Code statutes as follows:
H. Vehicle Inventories
1. All vehicles that are stored as the result of police initiated enforcement
activity shall be inventoried. The officer ordering, directing or
supervising the removal of a motor vehicle shall make an inventory of
the contents of the vehicle, which will be listed on the Tow Report.
2. At the completion of the inventory the officer towing the vehicle shall
secure the vehicle in a manner to ensure against the wrongful entry of
the vehicle; unauthorized use of the vehicle; damage of the vehicle;
and to safeguard the vehicle’s contents.
3. The inventorying officer shall determine if discovered valuable
articles need to be invoiced into the Department’s Property Section
for safekeeping. The supervisor signing the tow sheet shall review
the completed inventory list.
c. IMS will forward a copy of the tow report to the assigned officer
(the white copy may be forwarded if (b) above does not apply).
I. POLICY
It is the policy of this Department that officers will investigate and accurately report any
traffic accident that occurs within the City of Charlottesville. The only exceptions are
those accidents that involve State owned vehicles, which are investigated by the Virginia
State Police.
II. PURPOSE
It is the purpose of this General Order to provide a general guideline for its officers when
investigating and reporting traffic accidents.
III. DEFINITION
Accident - A vehicle crash occurring either on or off a public highway, involving one or
more vehicles, which results in property damage, personal injury or death.
Commercial Motor Vehicle – Any self-propelled or towed vehicle used on the highway in
commerce to transport passengers or property if such vehicle (i) has a gross vehicle
weight rating or gross combination vehicle weight rating or gross weight or gross weight
combination weight , whichever is greater, of more than 10,000 pounds when operated
interstate or more than 26,000 pounds when operated intrastate, (ii) is designed to
transport more than 15 passengers, including the driver, regardless of weight or (iii) is
used to transport hazardous materials in a quantity requiring placards by regulations
issued under authority of Article 7 (10.1-1450 et seq.) of Chapter 14 of Title 10.1 of the
Code of Virginia, Transportation of Hazardous Materials.
Examples are but not limited to the following:
A. Semi-Tractor;
B. Semi-Tractor Trailer;
C. Straight Truck /Box Truck with GVWR over 26,000 pounds;
D. Pickup with trailer in combination GVWR over 26,000 pounds;
E. Van/Bus in commerce (15 passengers or more, including driver).
3. The shift supervisor shall request the Motor Carrier supervisor to conduct the
crash investigation of any commercial motor vehicle crashes involving death,
personal injury, and/or significant property damage, any of which constitutes a
FR300, shall require the assistance of a trained Motor Carrier Safety Inspector
from the Charlottesville Police Department to determine what, if any, safety
problems may have contributed to the crash. A Motor Carrier Safety Inspector
with the Virginia State Police may assist with crashes involving CMV passenger
vehicles and hazardous material vehicles. A Motor Carrier Safety Inspector shall
I. POLICY
It is the policy of the Charlottesville Police Department to understand the rules and
regulations in the use of the Statewide Interdepartmental Radio System (SIRS).
II. PURPOSE
SIRS was created as a law enforcement communications link to assist law enforcement
agencies in providing more efficient service to the public and to help in reducing crime.
It is to be used for interdepartmental (between departments) purposes only. This means
that no SIRS member should routinely dispatch its own units on the SIRS channel. SIRS
provides a base station-to-base station and car-to-car network across the state, part of
which did not previously exist. It also provides direct car-to-car contact with key state
agencies such as the Department of State Police and the Department of Corrections.
SIRS was designed to be used to assist departments in carrying out their everyday law
enforcement duties and it is not restricted to emergency operations. Certain non-law
enforcement agencies, which have demonstrated a need, have been granted a restricted
SIRS membership and those agencies should observe the restrictions. Generally speaking
SIRS members can use the System for any police business of an interdepartmental nature.
An advisory board made up of Chiefs of Police, Sheriffs and representatives of the State
Police and State Corrections governs SIRS.
III. PROCEDURE
A. System Use
1. The success or failure of SIRS will be determined by whether or not dispatchers
constantly monitor the channel. If a base station or car from another agency
cannot contact your dispatcher, the system will not function.
2. The Board recognizes that a wide variety of “APCO 10 Series” signals are in use.
Therefore, to avoid confusion, the Board recommends that “plain language” be
used on the SIRS channel. Basically, the system function as follows:
I. PURPOSE
The purpose of this directive is to establish responsibility and accountability for the
communications function within the Department’s organizational structure
II. PROCEDURE
A. Charlottesville-University of Virginia-Albemarle County Emergency
Communications Center.
Official Radio Communication
1. The Charlottesville-University of Virginia-Albemarle County Emergency
Communications Center (ECC) is an independent agency that provides the official
radio communications function to the Charlottesville, University of Virginia and
Albemarle County Police Departments. Accordingly, the ECC shall provide the
Charlottesville Police Department with its official radio function and 9-1-1, 24
hour, toll-free telephone access for emergency calls for service.
2. The ECC has its own administrative and supervisory staff and an agency standard
operating procedure.
3. The County of Albemarle, City of Charlottesville and University of Virginia will
remain the licensee for the respective radio frequencies and maintain ownership
and control through the Management Board.
a. The Chief of Police shall be a member of the Emergency
Communications Center’s Management Board.
b. The Field Operations Division Commander or his designee shall be a
representative to the ECC Operations Board.
I. POLICY
The Charlottesville, University of Virginia and Albemarle County Emergency
Communications Center (ECC) receives and assigns all of the Charlottesville Police
Department’s “calls for service.” The calls include, but are not limited to, reports of
crime, citizen requests/calls for service, and other matters affecting the safety of the
community. The ECC also handles all of the Department’s radio traffic from officers that
have initiated enforcement actions, which include criminal investigations, arrests,
citations and summonses and incidents where the officers have dealt with non-criminal
matters and/or public safety hazards.
II. PURPOSE
Activities related to police action are referred to as “Calls for Service.” The ECC records
information about the dispatch and assignment of officers and the nature of these calls for
service in CAD. The information recorded in CAD is entered into a computer database
on the Department’s local area network. This data can be accessed by members of the
Department for analysis and reference.
III. PROCEDURE
Calls for service data can be accessed by members of the department for analysis and
reference through desktop computers or in-car terminals that are equipped with the
appropriate software.
I. POLICY
It shall be the policy of the Charlottesville Police Department that all personnel conduct
radio operations in accordance with the procedures and requirements of the Federal
Communications Commission, SIRS, as well as those outlined in this directive. It shall
be the policy of the Charlottesville Police Department that all personnel will maintain the
confidentiality of any citizen who communicates in any way with the Department when
generating a call for police service. This is to include but not limited to any phone calls to
the Emergency Communication Center (ECC), Information and Management Services or
any other entity which may direct Charlottesville Police personnel to respond in any
manner for a call for service.
II. PURPOSE
The purpose of this directive is to establish guidelines regarding proper radio operating
procedures to be used by Police Officers, Community Service Officers, Traffic Control
Officers, Animal Control Officers, and all other members of this Department.
This General Order is issued for the purpose of explaining the basic radio procedures of
the Charlottesville-UVa-Albemarle County Emergency Communications Center (ECC)
as it relates to the Charlottesville Police Department. The Charlottesville-UVa-
Albemarle County Emergency Communications Center is a separate entity that operates
as an independent agency from the Charlottesville Police Department. Certain areas of
the Emergency Communications Center Standard Operating Procedures have been
incorporated into this General Order.
The purpose of this directive will also be to establish guidelines to prevent the accidental
disclosure of the identity of any citizen who may contact Police Officers, Community
Service Officers, Traffic Control Officers, Animal Control Officers and all other
members of this Department when seeking assistance. This policy is meant to provide
Department Personnel with the proper wording to guide their actions so that they shall
not accidentally disclose the identity of any citizen to any civilian or any non law
enforcement personnel when responding for a call for service.
I. POLICY
The department shall create and maintain a record of each arrest. The department shall
maintain local criminal history information. The department will also contribute arrest
information to the Central Criminal Records Exchange (CCRE) and Federal Bureau of
Investigation (FBI) Criminal History Section. The department has access to automated
criminal history files and will use these files appropriately to conduct police business and
ensure public safety.
II. PURPOSE
The department must maintain accurate criminal history records and provide access to
local, state and national criminal history records. This access is for the use of agents
involved in the administration of justice. It will comply with all local, state and federal
regulations regarding the keeping and dissemination of criminal history information.
III. DEFINITIONS
A. VUS - Virginia Uniform Summons.
B. RMS - Records Management System
C. IMS – Information Management Services of the Charlottesville Police Department.
D. III - The National Criminal Information Network Interstate Identification Index. This
system makes available to criminal justice agencies, criminal history information
contained in records of its thirty-eight participating states.
IV. PROCEDURE
A. Records Section Access
b. Once the criminal history hard copy has been received by the requesting
officer, that officer is responsible for its confidentiality and safekeeping.
The following is a list of Group A and Group B Offenses as defined by IBR Standards. Use this listing as a guideline to help you
determine when an arrest or warrant should be linked to an incident report. Please remember that any warrant or arrest for Group
A offenses require it to be linked to an incident report. Group B offenses do not require an IBR, but our Department has policy
on writing reports for certain Group B Offenses, If the Group B arrest or warrant is linked to an incident report, you should note
such when entering for department records.
GROUP A
Arson Robbery
Assault Offenses Sex Offenses, Forcible
Aggravated Assault Forcible Rape
Simple Assault Forcible Sodomy
Intimidation Sexual Assault with an Object
Bribery Forcible Fondling
Burglary/Breaking & Entering Sex Offenses, Non-Forcible
Counterfeiting/Forgery Incest
Destruction/Damage/Vandalism of Property Statutory Rape
Drug/Narcotic Offenses Stolen Property Offenses (Receiving., etc.)
Drug/Narcotic Violations Weapons Law Offenses
Drug Equipment Violations
Embezzlement
Extortion/Blackmail
Fraud Offenses
False Pretenses/Swindle/Confidence Game GROUP B
Credit Card/Automatic Teller Machine Fraud
Impersonation Bad Checks
Welfare Fraud Curfew/Loitering/Vagrancy Violations
Wire Fraud Disorderly Conduct
Gambling Offenses Driving Under Influence
Betting/Wagering Drunkenness
Operating/Promoting/Assisting Gambling Family Offenses, Non-violent
Gambling Equipment Violations Liquor Law Violations
Sports Tampering Peeping Tom
Homicide Offenses Runaway
Murder & Non-Negligent Manslaughter Trespass on Real Property
Negligent Manslaughter All Other Offenses
Justifiable Homicide
Kidnapping/Abduction
Larceny/Theft Offenses
Pocket-Picking
Purse-snatching
Shoplifting
Theft from Building
Theft from Coin-Operated Machine or Device
Theft from Motor Vehicle
Theft of Motor Vehicle Parts or Accessories
Motor Vehicle Theft
Pornography/Obscene Material
Prostitution Offenses
Assisting or Promoting Prostitution
I. POLICY
The Department must provide for the careful and t14imely handling and service of all
legal process to ensure that service is made in the best interest of the community we serve
and the Department.
II. PURPOSE
This directive provides guidelines for the proper handling and control of all criminal and
civil process received and served by the Charlottesville Police Department.
III. DEFINITIONS
Records Management System (RMS) - The Department’s RMS is a computerized
database. Legal Process - For the purposes of this directive, legal process is defined as
criminal process for the crimes reported or investigated by the Charlottesville Police
Department. The Department handles subpoenas from General District Court, which are
civil in nature but are related to criminal cases. The department handles Emergency
Custody Orders and Temporary Custody Orders guided by the Albemarle-Charlottesville
Psychiatric Crisis Manual and in accordance with Virginia Code Section 37.1-67.01 and
37.1-67.1. All other civil process is handled by the Charlottesville Sheriff’s Office.
IMS – Information and Management Services of the Charlottesville Police Department.
IV. PROCEDURE
A. Handling Legal Process
1. All legal process that is not served immediately after it is obtained will be turned
over to IMS. The legal process includes, but is not limited to:
a. warrants;
b. capias;
c. subpoenas; and
2. The following information regarding each item of legal process shall be recorded
and maintained to include:
a. the date and time received. The RMS automatically records the date and time
the process information was entered into the system and shall be considered
the date and time the process was received by the Department;
b. type of process (civil/criminal);
c. nature of document;
d. source of document;
e. name of plaintiff/complainant/defendant/respondent;
f. officer assigned for service;
g. date of assignment;
h. method of service;
i. date of service and/or return; and
C. Inquiry
1. Inquiries concerning the active status of legal process will be made by a query of
the RMS. Members of IMS or other appropriately trained Department members are
permitted to make a query.
2. IMS Personnel provide twenty-four hour assistance for legal process inquiries,
which can be made by radio (channel 2), telephone or in person.
3. A computer indication of an active process does not constitute probable cause for an
arrest. The status of the process must be verified with the presence of the original
document.
4. Verification for legal process that has been received by the Department from
another jurisdiction must be made to ensure the original paper and that copy of
the process in the department possession has not already been served.
D. Service
1. IMS will generate and send warrant notification letters for the following types of
active warrants when they are checked into IMS:
a. bad check warrants;
b. class 3 and 4 misdemeanor warrants;
c. all traffic violation warrants.
2. Anytime an original legal process leaves IMS for any reason, a warrant
tracking entry will be made in the RMS. The return of un-served process that is
returned to IMS will also be documented with a warrant tracking entry.
3. A Warrant Worksheet, listing the name of the person to be served, will be
generated after data entry of the legal process is entered into the RMS.
4. Warrant Worksheets shall be distributed to Department members for use in
making service. Worksheets for process to be served within the City of
Charlottesville will be given to Patrol Supervisors. Worksheets for process
to be served outside the City of Charlottesville shall be retained in the
Information Management Services section.
10. Warrant Worksheets for un-served process that patrol is no longer actively
attempting to serve will be kept on file in IMS until the final disposition of the
process.
11. All legal process service that results in a summons or arrest will be documented
by an arrest report or uniform summons in accordance with department
procedure for documenting such action.
12. Service of legal process will be documented on the warrant report and include
the following information:
a. name of person to who service was addressed (if different than name on
worksheet) and to whom the process was served.
1. All property involved in the legal process must be disposed of according to state
law.
2. Officers executing a legal process that involves a legally possessed property item(s)
should make every effort to keep the item in the subject’s possession. If the subject
is remanded to jail, the item should be submitted to jail authorities. When it is
impractical to keep the item with the subject, (e.g. bicycle, etc.) the officer will
submit the item to the Forensics Unit property section in accordance with the
appropriate department procedure.
3. Contraband items coming into the officer’s possession as a result of the legal
process shall be submitted as evidence and handled in accordance with Department
evidentiary procedure.
4. The execution of legal process to seize property, including search warrants and
asset forfeitures, shall be made by the assigned investigating officer in accordance
with Department procedures.
I. POLICY
The Charlottesville Police Department participates in the Virginia Criminal Information
Network and the National Criminal Information Network. The Information and
Management Services Supervisor directs and coordinates our participation. They ensure
the department maximizes use of the system and complies with relevant regulations and
procedures.
II. PURPOSE
The Virginia State Police and Federal Bureau of Investigations operate criminal
information networks to facilitate law enforcement statewide and nationwide. The
department participates in the use of these systems to enhance its mission. This
procedure provides for a method to govern our participation. The department utilizes the
system to enhance public safety. It also provides a means to apprehend fugitives that
have fled our jurisdiction or that have fled other jurisdictions and are located within the
city. The system also enables our department to recover stolen property removed from or
brought into our jurisdiction.
III. DEFINITIONS
A. IMS – Information and Management Services of the Charlottesville Police
Department
B. RMS - Records Management System
C. VCIN - Virginia Criminal Information Network, a system maintained by the Virginia
State Police.
D. NCIC - National Criminal Information Network.
E. III - The National Criminal Information Network Interstate Identification Index. This
system makes available to criminal justice agencies, criminal history information
contained in records of its thirty-eight participating states.
2. Clearing, canceling and locates of stolen vehicles will be done when IMS receives
an incident report supplement documenting the recovery of the vehicle. IMS will
also clear the vehicle from VCIN/NCIC when notified by an officer via telephone,
in person, or radio. IMS will clear or locate the vehicle in VCIN/NCIC and make
tracking notes in RMS that contain the officer’s name, date/time, and location of
recovery. The Officer will also submit a supplemental report. In both instances,
the officer should included wording which clearly documents the vehicle being
recovered and a request to immediately remove the vehicle from VCIN/NCIC.
3. All records of stolen vehicle entry, to include modification, cancel, clear, and
removal from VCIN/NCIC, shall be attached to the related incident report.
4. Vehicles reported as unauthorized use shall be entered into VCIN/NCIC only
upon a warrant being obtained for the offender.
5. Clearing, canceling and locates of unauthorized use vehicles will be done when
IMS receives an incident report supplement documenting the recovery of the
vehicle. IMS will also clear the vehicle from VCIN/NCIC when notified by an
I. POLICY
The Charlottesville Police Department will serve all legal processes related to criminal
offenses upon persons and entities within the jurisdiction of the City of Charlottesville.
In addition, the Charlottesville Police Department will assist the City of Charlottesville
Sheriff’s Department in the service of Temporary Detention Orders, Emergency Custody
Orders and Protective Orders.
II. PURPOSE
To provide clear guidelines on jurisdictional limitations, time limits for service, territorial
limits and provisions for the issue of a summons in lieu of an arrest.
III. PROCEDURE
A. The Charlottesville Police Department will serve the following types of legal process:
1. Felony Warrant
2. Misdemeanor Warrant
3. Misdemeanor Summons
4. Capias, Upon Indictment, Presentment, or Information
5. Capias, Attachment of the Body.
6. Direct Indictment
7. Arrest Authority, Probation and Parole
8. Show Cause Summons
9. Juvenile Detention Order
10. Summons
11. Protective Order – Adult
12. Subpoena
I. POLICY
It is the obligation of the Department as a member of the Criminal Justice System to work
with and assist Judiciary and Prosecutorial agencies. Further, effective communications
between the Department and the Commonwealth’s Attorneys in case preparation and
presentations are essential. Such communication will not only aid in prosecution of cases,
but also assist in this Department’s investigation of those cases.
In addition, the Charlottesville Police Department functions within a larger framework of
local, state and federal government, as well as within the government structure of the City
of Charlottesville. Mutual cooperation with other law enforcement agencies and other
City of Charlottesville agencies is an essential element of this Department’s goal of
protecting the citizens and their property. A spirit of cooperation and mutual assistance
must be maintained.
Further, by identifying and maintaining a liaison with public and private service agencies
the Department enables its members to direct persons needing assistance to appropriate
community services and resources,
II. PURPOSE
This policy sets a standard of both conduct and cooperation for the Department and
establishes Department liaison personnel to foster Department relationships with other
agencies, both within and outside of the City.
III. DEFINITION
A. Liaison: Communication between groups or units; one that maintains communication.
GO 570.00 – External Relationships with other Government Agencies and Public or Private Service Agencies 1
Rev: 10/24/2019
III. Procedures
A. It shall be the responsibility of the Field Operations Division Commanding Officer to
designate members of the Department to act as liaison with the Commonwealth
Attorney’s Office, criminal justice agencies, fire and rescue departments and
public/private service agencies. Liaison shall include, but not be limited to, the
following agencies:
1. Criminal Justice agencies within the Charlottesville service area:
a. Local adult and juvenile courts;
b. Commonwealth’s Attorneys;
c. probation and parole agencies;
d. adult and juvenile correctional agencies; and
e. other law enforcement agencies having concurrent authority in the
Charlottesville service area.
2. Local Fire and Rescue agencies:
a. Charlottesville Fire Department; and
b. Charlottesville-Albemarle Rescue Squad;
3. Public and Private Service Agencies:
a. American Red Cross; and
b. Other regional service agencies/organizations
B. Members of the Department who have been designated to act as liaison shall maintain
an ongoing communication with their assigned agency(s). The continued
communication should permit a common forum for all parties to address operational
issues and other work related concerns in an effort to determine mutually acceptable
solutions.
C. It shall be the responsibility of the designated liaison officer to meet, as appropriate,
with the Field Operations Division Commander to exchange information on matters
of concern.
D. The Field Operations Division Commander shall review Department liaison
commitments annually and when necessary designate a member of the Department to
fill a liaison assignment that has become open due to promotion, retirement, etc. of its
designee
GO 570.00 – External Relationships with other Government Agencies and Public or Private Service Agencies 2
Rev: 10/24/2019
CHARLOTTESVILLE POLICE DEPARTMENT
Note: This directive is for internal use only and does not enlarge an officer’s liability in any way. It
should not be construed as the creation of a higher standard of safety or care in an evidentiary sense
with respect to third party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Charlottesville Police Department and then only in a non-judicial administrative
setting.
I. POLICY
It is the policy of the Charlottesville Police Department to handle special events (e.g.
parades, demonstrations, etc.) in the City of Charlottesville in order to ensure the safety
and well-being of the public and those involved. Special events will vary in duration and
complexity. It will therefore be necessary to plan for each event separately.
II. PURPOSE
The purpose of this directive is to have established guidelines for the coordination,
direction and control of special events. This is to ensure the safety of the participants, the
members of the community and to minimize the disruption that the special event will
have on traffic and the public.
III. DEFINITIONS
A. Special Event: shall refer to sports events, pageants, celebrations, historical
reenactments, carnivals, music festivals and other entertainment, exhibitions,
dramatic presentations, fairs, festivals, races (e.g., runs/walks), block parties, and
other similar activities, conducted on public property.
IV. PROCEDURE
A. Coordinator of Special Events
1. The Support Operations Division Commander or their designee shall supervise
and coordinate special events that require assistance from the Charlottesville
Police Department.
2. The Support Operations Division Commander or their designee shall determine
the type of police assistance necessary to handle the special event. If the
assistance required is minimal, they may contact the Commander of the affected
Bureau/Section/Unit/Shift and request that the event be handled by that
Department component.
I. POLICY
It is the mission of this Department to provide a safe community for everyone who
resides in the City of Charlottesville or passes through its boundaries. At times this will
also include the security and safety of VIPs and/or dignitaries who require a greater
degree of security. In these cases, any sworn member may be called upon to serve in the
capacity of a security detail for VIPs/dignitaries. It is essential that the Charlottesville
Police Department be prepared to provide VIP security services in an efficient, competent
and professional manner. Security details will vary in duration and complexity. It will,
therefore, be necessary to plan for each one individually.
II. PURPOSE
The purpose of this General Order is to establish guidance for the planning and execution
of VIP/dignitary security.
III. DEFINITIONS
A. Coordinator: the initial coordinator for security details will be the Field Operations
Division Commander or his/her designee.