Lawrenceville Police Department Rules, Regulations, & General Orders

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 553

LAWRENCEVILLE POLICE

DEPARTMENT

RULES AND REGULATIONS


SUBJECT: ORGANIZATION OF NUMBER: 1-1
MANUAL; DEFINITIONS
EFFECTIVE DATE: 11/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: ADM.1-1A APPROVED:
(7/03) __________________________________
Chief of Police
VLEPSC STANDARDS:
ADM.09.01 – 9.02

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:
General order
Memorandum
Policy
Procedure
Rule

I. POLICY:

Both professional law enforcement administration and the management of liability require a
manual that governs the activities of a police department. A manual of policies, rules, and
procedures guides the day-to-day legal and ethical functioning of a police department. To
that end, the Lawrenceville Police Department’s activities shall be reflected in this manual,
and it shall apply to all employees both sworn and non-sworn.

II. PURPOSE:

1-1.1
This regulation outlines the organization of the manual, its authority, and defines the terms,
policy, rule, and procedure.

III. DEFINITIONS:

A. Policy is a statement of the department's philosophy on a given issue. Policy


consists of principles and values which guide the performance of department
employees. Further, policy is based upon ethics, experience, the law, and the
interests and desires of the community.

1. Each rule or regulation or general order will begin with an agency policy
statement.

2. Only the Chief of Police approves policy.

B. A rule is a specific prohibition or requirement governing the behavior of employees.

1. Rules permit little if any deviation therefrom.

2. Violations of rules normally result in administrative discipline.

C. A regulation, which may contain one or more rules, is an administrative order


governing organizational matters, e.g., leave policy, off-duty employment,
promotions.

1. Similar to rules, regulations permit little if any deviation therefrom.


Violations of regulations normally result in administrative discipline.

2. Only the Chief of Police promulgates regulations.

D. A procedure defines a method of performing an operation or a 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.

1. All procedures in this manual will be labeled general orders. General orders
govern police operations.

2. Unlike rules and regulations, violations of general orders may not result in
administrative discipline. General orders constitute a guide to behavior in
given situations. Officers may depart from general orders if, in their
professional judgment, the situation warrants. Officers must be prepared to
justify their actions. In this manual, "directive" is synonymous with "general
order."

1-1.2
3. Only the Chief of Police authorizes general orders.

E. A memorandum either (1) provides useful, specific information to officers not


amounting to a formal order, or (2) constitutes a directive affecting specific behavior
for a specific event or period of time, and is usually self-canceling.

1. Memoranda are not part of this manual.

2. Memoranda may be issued by the Chief of Police but may be issued by other
police officers or agencies.

F. The manual is a collection of rules, regulations, and general orders of the


department.

IV. ORGANIZATION OF THE MANUAL

A. The manual is divided into two components: rules and regulations, and general
orders.

1. Rules and regulations govern conduct, personnel, and administrative


procedures or rules.

2. General orders contain operational guidelines, or procedures.

B. Rules and regulations are numbered consecutively, preceded by "1-( )." General
orders are numbered consecutively "2-( )." Individual pages are numbered
consecutively within a given regulation or general order.

Example:

1-5.3 (The 1 signifies rule or regulation; 5 signifies regulation number 5, and 3


means page 3.)

C. The Chief of Police authorizes any rule, regulation, or general order. No rule,
regulation, or general order is valid unless signed by the Chief of Police.

D. Within the context of any rule or directive, the use of the word "shall" connotes an
action or behavior that is mandatory and unequivocal. The words "may" or "can"
connote an action or behavior that is optional.

E. Any officer of the department may suggest or recommend changes to the Chief of
Police concerning the policy manual.
V. ACCESSIBILITY TO THE MANUAL:

1-1.3
A. Each employee shall receive a copy of the policy and procedures manual, and shall
acknowledge, by signature, receipt of the manual and any subsequent revisions. The
manual may be distributed either manually or electronically.

B. Each employee shall update their manual accordingly when revisions are approved
and disseminated by the Chief of Police.

VI. UPDATES/REVISIONS TO THE MANUAL:

The Chief of Police shall be the final approving authority to issue updates and revisions to
the policy manual. When updates and revisions become necessary, the chief shall solicit
input from supervisors and other employees to shape these new directives. Individuals
affected by policy changes will be encouraged to participate in the process.

1-1.4
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: GENERAL RULES OF NUMBER: 1-2
CONDUCT
EFFECTIVE DATE: 12/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.1-2 (1/03) ___________________________________
Chief of Police
VLEPSC STANDARDS: ADM.01.02, 7.04,
PER.03.04
NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Arrests Grievance
of law enforcement officers Grooming
reporting Leave
Alcohol; use of Lost property
Authority Medical assistance
Bribes Memberships
Civil cases/rights Money
Code of Ethics Obedience to laws/orders
Conflict of orders Off-duty enforcement
Court action Public appearances/information
Courtroom appearances Prohibited behavior
Disciplinary actions Property
Drugs; use of Resignations
Duty Tobacco; use of
Equipment Uniforms
Evidence Violation of law
Force; use of

1-2.1
I. POLICY:

The Lawrenceville Police Department expects its personnel to maintain high standards of
appearance and conduct. The public similarly expects such high standards. Police officers
exercise considerable power over the citizenry, power that is carefully circumscribed by
state and federal law, and, ultimately, by the Constitution and Bill of Rights. Our powers to
arrest, seize property, and interfere, at times, with the lives of citizens constitute a public
trust. We can help insure that we regard this trust as vital by exemplary performance in our
jobs. Performance is not enough: we must always conduct ourselves in an exemplary
fashion.

II. PURPOSE:

The purpose of this policy is to define departmental expectations for personal behavior on-
duty and off-duty.

III. DEFINITIONS:

All police personnel will display the degree of integrity required by the Law
Enforcement Code of Ethics:

"As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives
and property; to protect the innocent against deception, the weak against oppression or
intimidation, and the peaceful against violence or disorder; and to respect the constitutional
rights of all men to liberty, equality, and justice.

"I will keep my private life unsullied as an example to all; maintain courageous calm in the
face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the
welfare of others. Honest in thought and deed in both my personal and official life, I will
be exemplary in obeying the law of the land and the regulations of my department.
Whatever I see or hear of a confidential nature or that is confided to me in my official
capacity will be kept ever secret unless revelation is necessary in the performance of duty.

"I will never act officiously or permit personal feelings, prejudice, animosities, or
friendships to influence my decisions with no compromise for crime and with relentless
prosecution of criminals. I will enforce the law courteously and appropriately without fear
or favor, malice, or ill will, never employing unnecessary force or violence and never
accepting gratuities.

"I recognize the badge of my office as a symbol of public faith, and I accept it as a public
trust to be held so long as I am true to the ethics of police service. I will constantly strive to
achieve these objectives and ideals, dedicating myself before God to my chosen profession--
law enforcement."

1-2.2
IV. GENERAL DUTIES:

A. All officers of the department will, at all times, within jurisdictional limits, prevent
crime, preserve the peace, protect life and property, detect and arrest violators of the
law, and enforce the laws of the United States, Commonwealth of Virginia, and all
local ordinances, in accordance with the rules, regulations, policies, procedures, and
ordinances of the jurisdiction and the department. Officers will be conscious that
when they act under "color of law," that the phrase includes not only laws but also
policies, procedures, ordinances, common usage, and custom.

B. Obedience to laws, ordinances, rules, regulations

1. DEFINITION - Employees of the department will obey all federal and state
laws. They will also obey all laws and ordinances of the Town of West
Point or other municipality in which the employees may be present.
Employees will obey all rules, regulations, directives, and orders as may be
issued by the department. The term "employees" includes both sworn and
non-sworn personnel.

2. AUTHORITY - Employees of the department will obey all lawful orders


issued to them by competent authority.

3. VIOLATION OF LAW - Supervisory officers of the department will not


knowingly or willfully issue any order in violation of any law or ordinance
or of any rule, regulation, general or special order of the department.

4. CONFLICT OF ORDERS - To permit effective supervision, direction, and


control, employees should promptly obey any lawful order of a superior,
including any order relayed from a superior by an employee of the same or
lesser rank. In the event an employee is given two apparently lawful but
different orders that may be in conflict, the last order given should be
complied with unless the order is retracted or modified. In the event an
employee receives conflicting orders, the employee should inform the
person giving the last order of the conflict of orders. That person giving the
conflicting order should then resolve the conflict by retracting, modifying or
requesting the employee to comply with the latest order. In the event the
conflicting order is not altered or retracted, the employee will not be held
responsible for disobedience of the order or directive previously issued.

5. OBEDIENCE TO ORDERS - No employee of the department is required to


obey any order which is contrary to the laws of the United States,
Commonwealth of Virginia, or ordinances of the Town of Lawrenceville;
however, such refusal to obey is the responsibility of the employee and he
will be required to justify his action.

1-2.3
6. CIVIL RIGHTS - All members shall take care to observe and respect the
civil rights of citizens, as the term "civil rights" is commonly understood.

7. ARRESTS OF LAW ENFORCEMENT OFFICERS - An officer who


arrests a member of another law enforcement agency shall immediately
notify his own supervisor of the fact. Officers must take whatever action is
appropriate to the circumstances, including issuance of citations or making
an in-custody arrest. That the person cited or arrested is a police officer
shall be inconsequential.

8. EVIDENCE - Evidence shall be stored in evidence storage while waiting for


trial. Following legal proceedings, the officer whose case involves the
evidence shall work in concert with the evidence custodian to apply to the
Commonwealth’s Attorney for a destruction order. The evidence custodian
is responsible to destroy all items ordered destroyed and document those
actions on the department’s property destruction form.

a. Officers shall report all evidence obtained during the investigation to


the Commonwealth’s Attorney and dispose of it according to those
directions.

b. Officers shall not give away evidence to anyone. Further, officers


shall not appropriate any evidence or other property to their own use
under any circumstances.

c. If any citizen refuses to accept returned property that was used as


evidence or otherwise acquired by the department, the property shall
be destroyed (if perishable) or auctioned, if appropriate, under
supervision of the evidence custodian and Chief of Police.

9. LOST PROPERTY - Officers who encounter lost property shall treat such
property as evidence, storing it in the department locker, if possible, or
otherwise securing the property under guidance of the Chief of Police.
Officers shall document the circumstances and describe the property.
Officers shall make a reasonable effort to ascertain the owner of the property
and return it. Upon releasing property, or obtaining property from a citizen
who finds it, officers shall complete a report indicating circumstances and/or
a property release form.

10. FALSE STATEMENTS - On any official matter whatsoever, members shall


not knowingly make any false statements or misrepresentations of the facts.

1-2.4
11. ENFORCEMENT WHILE OFF-DUTY - If an officer, while off-duty,
witnesses a violation of the law committed in his presence which, in his
professional judgment, demands immediate attention, he may make an
arrest, providing:

a. The law violation was committed in Lawrenceville, and

b. The officer does not use his own personal vehicle to chase or pursue
the violator, but observes all traffic laws applicable to citizens, and

c. The officer displays police identification to the violator and


announces his purpose, and

d. He can make the arrest without jeopardizing his own safety, the
safety of the violator, or of the public.

The officer will notify a supervisor of the action taken and follow-up with
the appropriate documentation to describe the event.

12. BRIBES - Employees of the department found to have accepted bribes shall
be dismissed.

13. USE OF FORCE - GENERAL - Officers shall use only the minimum force
necessary to accomplish a legitimate law enforcement purpose. Further,
officers shall exhaust all reasonable means of apprehension and control
within their abilities before resorting to the use of deadly force. Further
guidelines concerning the use of force are outlined in General Order 2-7.

Violation of the use of force and deadly force orders herein may subject the
officer to administrative discipline, suits for damages, and criminal
prosecution.

14. DEADLY FORCE - Officers may use deadly force:

a. To defend themselves or other persons from what the officer


perceives as an immediate threat of death or serious injury.

b. To effect an arrest or prevent an escape when the officer reasonably


believes the suspect or escapee has killed or seriously injured another
person and poses an immediate threat to kill or otherwise seriously
injure another person, and alternate means of arrest have either been
tried or would involve a risk of death or serious injury to the officer
or others. See General Order 2-6.

1-2.5
15. WARNING SHOTS - Warning shots are strictly prohibited.

16. REPORTING USE OF FORCE - Officers shall report any use of force or
action which could be perceived as use of force, to their superior as soon as
practicable.

17. MEDICAL ASSISTANCE - Officers shall render, or cause to be rendered,


medical assistance to any injured person.

C. Disciplinary/personnel actions

1. Disciplinary actions may include a warning, an oral or written reprimand,


suspension with or without pay, reduction in pay, demotion or termination.
Personnel actions may include probation, counseling, training, close
supervision, performance evaluation, transfer, and termination.

2. As appropriate, disciplinary action may be taken for any of the following


reasons:

a. Incompetent or inefficient performance of duty orientation to or


dereliction of duty.

b. Insubordination, discourteous treatment of the public or a fellow


employee, or any act of omission or commission of similar nature
discrediting or injuring the public service or any act jeopardizing the
effective functioning of their service.

c. Mental or physical unfitness for the position which the employee


holds.

d. Conviction of a felony or misdemeanor involving conduct which


shocks the conscience of a reasonable person, or a pattern of
misconduct as displayed by series of convictions of misdemeanors.

e. Failure to report to an appropriate superior authority incompetence,


misconduct, inefficiency, neglect of duty, or any other form of
misconduct or negligence of which the employee has knowledge.

f. Failure of a supervisory employee to take corrective action regarding


employees under their supervision who may be guilty of any form of
neglect of duty or misconduct where the supervisor knows or should
have known of such dereliction.

1-2.6
3. Examples of behavior specifically prohibited include:

a. Use of alcoholic beverages on duty, or drunkenness on duty.

b. Use of illegal drugs or narcotics.

c. Buying alcoholic beverages while on-duty.

d. Acting as bailor for anyone other than a family member within our
jurisdiction.

e. Releasing any information to a suspect or


convicted person that would enable an escape from custody or
hamper an investigation.

f. Selling, trading, or buying chances or bets, or any other gambling


while on duty.

g. Publicly criticizing superior officers, the Town Manager, or any


town official.

h. Use of harsh, profane, or obscene language to any member of the


department or to the public.

i. Sleeping on duty.

j. Sexual activities on duty.

4. Nothing in these rules and regulations limits the charges against employees
because the alleged act or omission does not specifically appear in this
manual, orders of the department, or in the laws or ordinances of which the
department is responsible to enforce.

D. GENERAL CONDUCT:

1. Employees of the department will display respect for their superior officers,
subordinates, and associates. When on-duty and in the presence of the
public, superior officers shall be addressed or referred to by rank.

2. Employees of the department will address their subordinates, associates,


supervisors or members of the general public courteously, and will not use
abusive, violent, insulting or provoking language which could be deemed
insulting to any person or group by reason of their racial or ethnic

1-2.7
background.

3. Employees of the department will at all times be civil and courteous. They
will maintain an even disposition and remain calm, regardless of
provocation, in executing their duties.

4. Employees of the department will not gossip or speak rumors detrimental to


the department or another employee. Employees are expected to report
rumors of gossip to their supervisors.

5. Employees of the department will always display absolute honesty.

6. Employees of the department will cooperate and coordinate their efforts


with other employees to insure maximum effectiveness. This high degree of
cooperation and coordination will extend to other law enforcement
organizations and government agencies.

7. Employees will restrict personal conversations or personal associations to an


appropriate minimum while on duty.

8. An officer will not display cowardice in the line of duty or in any situation
where the public or another police officer might be subjected to physical
danger. Unless actually incapacitated themselves, officers will aid, assist,
and protect fellow officers in time of danger or under conditions where
danger might reasonably be impending.

9. Employees of the department will not at any time use or attempt to use their
official position, badge or credentials for personal or financial gain or
advantage.

10. Employees shall adhere to the town personnel policies.

E. GIFTS, GRATUITIES, REWARDS:

1. Employees will not solicit any gifts, gratuities, loans or fees where there is
any direct or indirect connection between the solicitation and their
departmental employment.

2. The acceptance of any gifts, gratuity, loan or fee or any other thing of value
arising from or offered because of police employment or any activity
connected with law enforcement employment, either directly or indirectly, is
strongly discouraged.

3. Employees will not accept any gift, gratuity or other thing of value, the

1-2.8
acceptance of which might tend to influence directly or indirectly the actions
of the employee or any other employee in any manner of official business;
or which might tend to cast any adverse reflection on the department or any
employee thereof.

4. No employee of the department will receive any gift or gratuity from other
employees junior in rank without the express permission of the Chief of
Police.

5. Employees will not accept any gift, gratuity or reward in money or other
considerations for services in line of duty to the community, or to any
person, business or agency except lawful salary and that authorized by
Section 15.2-1710 of the Code of Virginia.

F. SUGGESTIONS OR GRIEVANCE:

1. Employees of the department wishing to make suggestions for the


improvement of the department, or who feel injured or offended by the
treatment, orders, or neglect of duty of a superior, may communicate either
orally or in writing, through proper channels such suggestion or complaint to
the Chief of Police; however, certain matters such as those of a personal or
confidential nature may be brought directly to the Chief of Police. If the
chief deems appropriate, he may refer the employee through the chain of
command to ensure its proper and efficient functioning.

2. Civilian employees and officers shall use the town grievance procedure (See
RR 1-10, Grievances).

G. DUTY:

1. Employees of the department will report for duty at the time and place
specified by their assignment or orders and complete the number of hours on
duty required by their assignment.

2. Employees of the department, while on duty, will remain alert and awake,
unencumbered by alcoholic beverages, prescription drugs, illegal narcotics,
or conflicts arising from off-duty employment.

3. Officers of the department, while on duty, will not engage in any activity or
personal business which would cause them to neglect their duty.

4. Officers serve in order to protect lives, preserve the peace, enforce the laws
of the town and state, and assist the public in any reasonable request.

1-2.9
5. Officers shall identify themselves to any person requesting an officer's name,
rank, and badge number.

6. All officers shall, in a timely fashion, complete and submit all forms and
reports required by the department and the laws of the Commonwealth.

7. Officers shall not provide information from computer-based vehicle license


checks to citizens.

8. If injured, officers shall promptly notify their supervisor of the injury and
the circumstances of it.

9. Officers, while on duty, shall constantly keep the dispatcher informed of


their whereabouts. To this end, officers will keep their portable radios
charged, turned on, and in their immediate possession at all times.

10. Officers shall maintain a professional attitude and manner when


communicating by radio. Officers shall communicate in plain language,
abiding by FCC requirements and the requirements of the department.

11. Officers shall not loiter at the police office, but shall use the office for
professional purposes only. Each officer is responsible for the cleanliness
and upkeep of the office.

12. No employee shall use his or her position with the department for personal
or monetary gain.

13. Officers must carry police identification with them at all times. In addition,
while on duty, officers shall carry a valid driver's license.

H. LEAVE:

1. Employees of the department will not be absent from duty without first
obtaining permission from their supervisors.

2. Employees of the department will, in situations requiring emergency leave


or sick leave, notify their supervisors of the circumstances as soon as
possible.

3. Employees must request annual leave at least fifteen (15) days prior to the
date they wish to take. The Chief of Police may require additional time to
ensure staffing levels are not adversely affected.

1-2.10
I. INFORMATION:

1. Employees of the department will not communicate to any person not an


employee of this department any information concerning operations,
activities or matters of police business, the release of which is prohibited by
law or which may have an adverse impact on the department image,
operations, or administration.

2. Employees of the department will communicate promptly to a supervisor


information regarding tips on crimes or criminal activity or other relevant
law enforcement information which may come into their possession. After
conferring with a supervisor, employee and supervisor will notify the Chief
of Police of the information.

J. PUBLIC APPEARANCES:

If an officer receives a request to make a public presentation or appearance, or


publish an article concerning his duties, he shall apply for permission to the Chief of
Police or his designee. The department wishes no interference with the First
Amendment rights of officers. The department can and will, however, authorize
content or writings that represent the agency.

K. USE OF ALCOHOL:

1. Employees of the department will not drink any alcoholic beverage while on
duty. Officers in plainclothes, with the consent of the Chief or his designee,
may drink limited quantities while on duty when necessary to accomplish
the police mission.

2. Employees of the department will not appear for regular duty, or be on


regular duty, while under the influence of intoxicants to any degree
whatsoever or with an odor of intoxicants on their breath.

3. In the event of an emergency recall, each officer must determine fitness for
duty if alcohol has been consumed. A supervisor will be consulted and
asked to confirm or deny, as appropriate, the officer's judgment in the
matter. No adverse actions will be taken if, in an emergency recall, the
officer is incapacitated for duty.

4. Officers shall not carry weapons when off duty in a situation the officer
deems socially inappropriate, particularly where the officer consumes
alcoholic beverages.

1-2.11
L. USE OF DRUGS:

Employees of the department will not use any narcotic, stimulating or dangerous
drug while on-duty or off-duty unless prescribed by a physician. Employees using
any prescribed drug or narcotic or any patent medicines that could possibly induce
impairment of their on-duty performance will notify their supervisor.

M. USE OF TOBACCO:

Officers of the department will not use tobacco while engaged in traffic control, on
an investigation, or while otherwise in contact with the public. Additionally, and in
accordance with the Town of Lawrenceville Employee Personnel Policy Handbook.

N. PROPERTY, EQUIPMENT AND UNIFORM:

1. Employees of the department will be responsible for the proper care and the
use of department property and equipment assigned to or used by them and
will promptly report to their supervisors any loss, damage, destruction or
defect therein (See GO 2-40, Police equipment).

2. Employees of the department will operate department vehicles and other


equipment in such a manner as to avoid injury to persons or damage to
property. Whenever a police vehicle is involved in an accident, the operator
will notify a supervisor immediately. Under no circumstances will an
officer investigate his or her own accident.

3. At the beginning of a tour of duty, employees will examine any vehicle


assigned to them and report any operational deficiencies, damage or defects
to their supervisors. Failure to report damage or defects will create the
presumption that the employee inspected the vehicle and found no damage
or defects. The employee, in this case, will be held responsible for the
damage.

4. Officers shall keep their uniforms clean and pressed, their shoes, other
leather equipment, badges and name plates clean. Officers shall always
present a professional image.

5. Employees wearing civilian clothing on duty will present a neat and clean
appearance. Employees will wear clothing which is appropriate to the type
of duties and citizen contact expected, e.g., coat and tie for men and
equivalent skirt, blouse or pants outfit for women are appropriate for
business contacts; more informal sports clothing might be appropriate for

1-2.12
late hours of work.

6. Employees of the department will not temporarily or permanently convert


any department property to their own personal use or the use of any other
person.

7. When an employee of the department terminates employment, all issued


equipment will be returned on the day the termination is effective. Failure
to return all items of town property will result in withholding final pay or
taking legal action.

8. Employees of the department will have as a part of their issued equipment a


copy of the rules and regulations, general orders and town personnel manual,
and will maintain and make appropriate changes or inserts as directed.

9. The Lawrenceville Police Department furnishes at a minimum the following


uniforms:

- summer shirts
- winter shirts
- jacket
- pants, year-round material
- rain coat
- cover
- shoes/ boots
- gun belt and all other duty gear
- badge(s)
- name plates
- ties
- hat
- Ballistic Vest
- utility uniform

Other uniforms and equipment maybe issued depending on additional


assignments, units, or teams.

10. Uniforms for sworn personnel shall be blue with black hi-gloss clorino duty
gear. Uniform shirts and coats must display the department patch on both
shoulders.

11. An annual clothing allowance will be provided to sworn personnel assigned


to investigations. The clothing must be appropriate business attire that
presents a professional appearance. The investigator may either use a town
credit card to make the purchases and return the card with receipts or

1-2.13
purchase clothing and file for reimbursement with receipts. This allowance
is not to exceed $600 annually.

12. Hash marks will be worn on the long sleeve shirts and jackets for sworn
personnel. Hash marks will not be worn with short sleeve shirts or utility
uniforms. Sworn employees will wear one hash mark for each five years of
sworn service to the department. The hash mark will be worn centered on
the outside bottom half of the left sleeve. The hash mark is to be placed at
an angle of 45degrees with the lower end toward the inside seam of the
sleeve and placed four inches from the bottom of the sleeve.

13. Any special uniform will be authorized by the Chief of Police.

14. When uniform items are damaged or worn out and needing replacement,
officers shall make a request for replacement with a supervisor.

O. REPORTING ARRESTS, COURT ACTION, AND CIVIL CASES:

1. Employees of the department will immediately report to their supervisor any


arrests or court action instituted against them.

2. Any employee of the department who becomes involved in any accident,


incident, or altercation, or any problem which may come to the public
attention will give oral notification as soon as possible, and within twenty-
four hours in writing, to his supervisor. Supervisors will forward relevant
information through the chain of command as rapidly as possible.

3. Employees shall keep all complaints, arrests information, or other official


business confidential. Employees shall not indulge in gossip about
departmental business.

4. Employees shall avoid involvement in any civil disputes involving neighbors


or acquaintances.

P. MEMBERSHIPS:

No member of the department shall be a member of any organization which


advocates the violent overthrow of the government of the United States, the
Commonwealth of Virginia or any unit of local government, or participate in any
organization which has a purpose, aim, objective or any practices which are contrary
to the obligations of a law enforcement officer under these rules and regulations.

Q. MONEY EXPENDITURES:

1-2.14
1. There will be no expenditures of money or financial obligations incurred in
the name of the department by any employee without permission from the
Chief of Police or his designee.

2. No employee shall imply or accept financial liability for loss or damage on


behalf of the town. Any inquiries concerning financial liability will be
referred to the Chief of Police.

R. RESIGNATIONS:

An employee must provide at least two weeks written notice of his or her intent to
resign. If an employee resigns within twelve (12) months of being hired, they shall
reimburse the Town for all costs associated with the initial medical evaluation and
drug screen.

S. GROOMING:

All sworn employees of the department shall at all times appear neat and clean, and
keep their clothing and equipment in proper repair. Whenever they appear in public
employees shall maintain a smart, conservative, well-groomed appearance.

Hair shall be tapered on the sides and back of the head and shall not appear bulky at
any point. Only closely cut or shaven hair may touch the collar or ears. Hair on the
forehead shall not extend below the hat when properly worn. Sideburns will be
neatly trimmed and shall not extend below the middle of the ear. If worn,
mustaches, beards and goatee’s will be neatly trimmed and shall not extend over the
top of the upper lip or beyond the corners of the mouth.

Female sworn employees shall maintain a similarly professional appearance. Hair


shall be worn so that it does not extend below the bottom of the uniform collar. Hair
may be combed over the ears but shall not extend below the ear or more than two
inches in front of the ear. Hair may not fall loosely as in a ponytail. Hair on the
forehead shall not be worn in any style that extends below the hat when properly
worn. Pins, combs, or barrettes similar to the color of the hair are permitted,
provided they are unobtrusive and are concealed as much as possible.

T. COURTROOM APPEARANCES:

All officers will treat courtroom appearances with the utmost importance. Further,
as a rule employees must arrive at the court early enough to check the docket, if
necessary, and confer with the prosecutor. Officers shall observe the following
rules:

1-2.15
1. If an officer receives subpoenas requiring appearance in different courts at
the same time, he or she should honor the first subpoena received. If,
however, one of the subpoenas was issued by a circuit or higher court, it
shall receive precedence over one issued by a district court.

2. A subpoena receives precedence over an order issued by a supervisor. In


any event, the officer must notify his or her supervisor of the court
appearance.

3. If on duty, sworn employees will appear in court in class a uniform. If off


duty, employees shall wear either the uniform or appear suitably attired in
civilian clothes. Civilian attire means a tie for men, with a sport jacket or
suit if the weather is not too warm, and equivalent clothing for women.

4. When testifying, officers will remain attentive, face the jury when giving
testimony, and speak in a clear, audible tone. Officers will respond to
questions asked by the judge or attorneys and will not argue, interject, or
offer an emotionally-charged response to any remark or question.

5. Each member shall be familiar with the laws of evidence and will testify
truthfully on any matter.

U. POST ACCIDENT DRUG AND ALCOHOL TESTING:

All employees of the Town are subject to suspicion-based and post-accident


drug and alcohol testing as part of the support for the Drug and Alcohol Free
Workplace policy statement of the Employee Personnel Policy Handbook.

Refusal by an employee to submit to a drug test immediately when requested


will be grounds for immediate disciplinary action up to and including
dismissal. Further guidance may be found in the above referenced
Handbook.

All employees involved in a work-related accident will be required to submit


to a drug and alcohol test. For the purposes of this section, an accident is any
incident which results in personal injury or damage to property.

All above mentioned rules and regulations shall pertain to sworn law enforcement
personnel as well as civilian staff.

1-2.16
LAWRENCEVILLE POLICE DEPARTMENT

RULES AND REGULATIONS


SUBJECT: DEPARTMENTAL Number: 1-3
ORGANIZATION AND AUTHORITY
EFFECTIVE DATE: 12/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: ADM.1-3 APPROVED:
(7/03) ___________________________
Chief of Police
VLEPSC STANDARDS: ADM.07.01-07.04, 08.01, 10.01

NOTE:

This rule or regulation is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Jurisdiction
Organization
Position descriptions

I. POLICY:

The department is established by law (Code of Virginia, 15.2-1700) and "shall consist of
a Chief of Police, such regular officers and employees as may be specified by the Town
Manager. The police department shall be under the general supervision of the Town Manager.
The Chief of Police shall be the chief executive of the police department, and he shall at all times
enforce the rules and regulations for the government of the police prescribed by the Town
Manager. . . ." The Chief of Police reports directly to the Town Manager. Police officers are
charged with enforcing the laws of the Commonwealth of Virginia and all the ordinances of the
Lawrenceville Police Department. Jurisdiction of the police department is limited to the town
boundaries, except when another department requests assistance, or when enforcing laws on
property owned by the town, but outside its boundaries. The organization of the police
department will support the effective and efficient accomplishment of departmental
responsibilities and functions.

1-3.1
II. PURPOSE:

The purpose of this order is to describe the organization of the police department and to
assign responsibilities, functions, and duties.

III. PROCEDURES:

A. Organizational structure: (see organizational chart)

1. The Chief of Police is responsible for the direction of all activities of the
department. This direction will be accomplished through written and oral
orders, policy, directives, guidelines, and guidance as well as by personal
leadership.

2. The department organizational structure includes persons to whom are assigned


specific responsibilities which include activities directly related to carrying out
or supporting the department's objectives.

3. The department shall consist of a police chief and as many police officers as
determined by the town council required to protect and serve the community.

B. Chain of Command:

The police chief has full control over department activities. In the absence of the police
chief, the next highest ranking officer shall take command and notify the chief of all
decisions that he/she may make. The Chief may also designate command authority as
he/she may deem appropriate and as a particular situation may dictate. In all other
circumstances, the officer on the shift shall be in charge until a ranking officer is
available and he/she will make any necessary reports to the chief.

C. Span of control:

For any major event or exceptional situation in which all or most of departmental
personnel will be on duty, plans for the event will clearly delineate the command and
structure and consider span of control.

D. Authority, responsibility, and accountability:

1. At every level within this department, personnel must be given the authority to
make decisions necessary for the effective execution of their responsibilities.

2. Each departmental employee will be held fully accountable for the use of, or

1-3.2
failure to use, delegated authority. Any employee who has any questions
concerning his delegated authority should bring such questions to the attention
of his supervisor or the Chief of Police for prompt resolution. Legal questions
may be referred to the Commonwealth's Attorney.

3. Any gross improper use of authority or failure to accept authority will be


reported through command channels as rapidly as possible.

4. Supervisors shall be held accountable for the performance of employees under


their immediate control.

5. Each organizational component is under the direct command of only one


supervisor, and each employee is responsible to only one supervisor at any given
time.

E. Direction, obedience to orders:

The Chief of Police is the chief executive of the department. As such, the Chief of
Police has full authority and responsibility for the management, direction and control of
the operation and administration of the department. Both Code and policy define certain
areas of operation and administration where the Town Manager or other officials have
full responsibility or share responsibility with the Chief of Police, and must be complied
with.

F. Grievances:

See RR 1-10, Grievances

IV. JOB DESCRIPTIONS:

A. Written position descriptions shall be maintained for each job classification


for personnel within the department.

B. Position descriptions contain a task analysis that identifies work behaviors,


skills, knowledge, and abilities required for that position. The descriptions also list
minimum experience requirements.

C. Copies of position descriptions are made available to all department employees.

1-3.3
Lawrenceville Police
Department
Organizational Chart

Town Manager

Chief of Police

Assistant Chief

Accreditation Manager
Sergeant

Patrol Officers

1-3.4
LAWRENCEVILLE POLICE DEPARTMENT

RULES AND REGULATIONS


SUBJECT: INSPECTIONS Number: 1-4

EFFECTIVE DATE: 11/16/13 REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:1/1/20
ADM.1-4 (7/03) __________________________________
Chief of Police
VLEPSC STANDARDS: ADM.19.01, ADM.19.02

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:
Line inspections
Staff inspections

I. POLICY:

The Chief of Police is responsible for establishing and maintaining a system of inspections
to obtain the information needed to direct the operation of the department. Although the
ultimate responsibility of inspection and control rests with the Chief, it must be carried out
continuously at all levels of command and supervision.

The goal of inspection is operational efficiency and effectiveness. Although infractions


discovered during the process of inspection should be handled according to policy and the
particular circumstances, inspection should not be viewed as a disciplinary process. It
should be a fair, impartial, and honest appraisal of efforts. The inspector should have a
positive, constructive attitude and make every effort to instill respect for and understanding
of the inspection process.

1-4.1
II. PURPOSE:

The purpose of this is to establish policy and procedures for continuous inspection of the
police department's personnel, resources, and operational effectiveness.

III. DEFINITIONS:

Line Inspections: Generally, line inspections are on-going and focus on areas such as
personal appearance, use and maintenance of equipment, adherence to rules, regulations,
and directives. As an example, a line inspection may determine if patrol officers are
maintaining appropriate paperwork and equipment in their vehicle.

Staff Inspections – Staff inspections focus on the adequacy and effectiveness of


organizational systems and the quality of performance in carrying out the department’s
mission. As an example, a staff inspection may look at an entire unit to determine if it is
accomplishing its assigned goals and objectives.

IV. PROCEDURES:

A. The objectives of the inspections include:

1. To learn whether a task is being performed as outlined in policy and if


procedures are followed.

2. To learn whether the anticipated results of orders and standards are achieved.

3. To discover whether department resources are used to the best advantage.

4. To reveal the existence of needs.

5. To ensure the continual process of self-improvement and quality initiatives.

B. Line Inspections:

1. Line inspections shall be an ongoing process conducted by those in direct


command, i.e., those who have the authority to act or require immediate
action of subordinates. An informal line inspection is conducted on a regular
basis. Informal line inspections shall include personal inspections of
employees, the equipment assigned, how it is used and cared for, how
employees perform their duties, and the result of their efforts.

2. The Assistant Chief shall conduct formal line inspections semi-annually.


Inspections will cover areas of vehicle maintenance and cleanliness,
equipment care and cleanliness, uniforms, and proper forms available to

1-4.2
conduct daily duties. The department armorer shall conduct a weapon
inspection at least once a year.

3. The Assistant Chief shall submit the result of the inspection to the Chief of
Police. The report should include any deficiencies noted and actions taken to
rectify the problem area(s). The report should also recognize exemplary
performance.

4. Employees shall respond immediately to correct deficiencies identified


during inspections. The Assistant Chief shall assist the officer in correcting
the problem and will note all corrections on the bottom of the inspection
form. When appropriate, as a result of an inspection, the Assistant Chief or
the Chief of Police shall prepare any record of counseling or commendation.

C. Staff inspections:

1. Staff inspections shall be a continuous process conducted by those in direct


command. Staff inspections are conducted informally through an ongoing
basis. This is accomplished by an introspective look into the agencies
existing functions, features and abilities with the purpose of correction,
improvement and maintaining best service practicable. This is conducted
through supervisor’s meetings, staff meetings, patrol meeting, and training.
If a more in-depth inspection is required, this shall be ordered by the Chief
of Police as he deems necessary.

1-4.3
LAWRENCEVILLE POLICE DEPARTMENT

RULES AND REGULATIONS


SUBJECT: HIRING SWORN PERSONNEL Number: 1-5

EFFECTIVE DATE: 7/1/13 REVIEW DATE: ANNUALLY


AMENDS/SUPERSEDES: APPROVED:
PER.1-5 (7/03) ________________________________
Chief of Police
VLEPSC STANDARDS: ADM.01.01, PER.01.01-01.05, PER.03.01-03.03, PER.03.05

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Hiring
Lateral entry
Personnel records
Probation
Re-application (hiring)
Records
Validity of selection procedures

I. POLICY:

It is the policy of the Lawrenceville Police Department to obtain the best police
officers possible. To that end, the department shall practice a regimented, rigorous selection
procedure while simultaneously affording equal opportunity to everyone regardless of race,
creed, color, sex, national origin, or age. The department does not discriminate against
people with disabilities and affords them the same access to employment provided to all
citizens. Where possible, the department provides reasonable accommodation to the known
disabilities of qualified people. In addition, it is the policy of the Lawrenceville Police

1-5.1
Department that the composition of the workforce should be reflective of the citizens it
serves.

II. PURPOSE:

The purpose of this order is to outline minimum hiring requirements for police
officers.

III. DEFINITIONS:

A. Disability: a physical or mental impairment that substantially limits one or more of


the major life activities.

B. Reasonable accommodation: the modification of existing facilities to render them


more accessible to and usable by people with disabilities. Also refers to
restructuring the job or modifying work schedules to assist assignment of a disabled
employee.

IV. PROCEDURES:

A. The minimum qualifications that all applicants for the position of police officer
must meet include:

1. Minimum age of 21.

2. High school graduate or equivalent.

3. Passage of a written examination.

4. Passing a background investigation which includes a check of school


records, credit history, inquiry as to character and reputation, a fingerprint-
based criminal records check, and social media outlets.*

5. Passing an interview.

6. Passing a physical examination (to include a drug screen test).*

7. Pass a psychological evaluation. The psychological exam may be waived at


the discretion of the Chief of Police if such an evaluation has been done
recently by another agency.

8. Any other standards set by law (15.2-1705, 9-169 Code of Virginia) or by


policy of the Criminal Justice Services Board.

1-5.2
* The medical screening and psychological evaluation shall not take place
until after a conditional offer of employment has been accepted.

B. The applicant must perform the following:

1. Complete a written application and submit it as directed.

2. Coordinate with the Chief of Police to take the written examination and
appear for an interview.

C. The officer assigned to investigate the applicant shall be trained in the hiring and
selection process for new officers and shall at a minimum accomplish the following
tasks:

1. Obtain the applicant's driving record from DMV.

2. Ensure the applicant sign the appropriate release forms.

3. Request records checks through agencies in applicant's current and previous


communities.

4. Obtain references from applicant's current and past employers.

5. Obtain NCIC/VCIN records check.

6. Conduct interviews of neighbors near applicant's residences.

7. Provide a complete background investigation file to the Chief of Police.

a. The department shall maintain background investigation


results for each applicant for a minimum of three years.

D. The Chief of Police shall:

1. Inform selected applicants and make the final selection upon consultation
with the hiring committee. The hiring committee consists of the Chief of
Police and two other members selected by the Chief

2. Ensure that applicants fully understand the selection process and the
conditions and procedures for re-application.

3. Make a conditional offer of employment. The candidate must then undergo


a physical examination, at no cost to the candidate, (mandated by law) and a
related inquiry, required by all entering employees in sworn positions. The

1-5.3
inquiry may consist of questions about the ability of the applicant to perform
job-related functions.

a. Further, no conditional offer will be considered final until after a


satisfactory medical and psychological evaluation has been
performed and completion of the background investigation.
Conditional offer must be made prior to a physical and psych exam.

4. Ensure that the appointee understands compensation, job benefits, conditions


of work, health plans, administrative matters concerning overtime and off-
duty employment plus conditions of employment, pension, leave and
disability. All salary actions, whether entry level, within the ranks, between
the ranks, or for those with special skills, will be in accordance with
established Town policies and practices. The Town of Lawrenceville
Employee Personnel Policy Handbook shall serve as the rule and guide in all
related personnel matters.

a. Should the employee resign within twelve (12) months of the date of
hire, he/she may be responsible for reimbursing the Town for costs
associated with the medical evaluation and drug screen.

E. Re-application: Unsuccessful applicants may re-apply after 90 days from the date of
last application if a vacancy exists.

F. Disposition of application: The department shall notify all applicants of the final
disposition of their application.

G. Lateral entry: An already-certified police officer in another Virginia agency must


meet the criteria set forth above. If accepted for employment, the officer will not be
assigned to attend a basic academy, subject to the status of the officer's certification
and training.

V. VALIDATION OF SELECTION PROCEDURES:

The department must be able to validate any selection criteria by showing proof that the
process either will predict job performance or detect aspects of candidates' work behavior as
related to the position of police officer. The Chief, in consultation with the Town Manager,
shall review selection procedures at least every two years. Departmental hiring procedures
meet the following tests of validity:

A. Testing and evaluation of applicants predicts job performance.

B. The selection procedure measures the degree to which the applicant has certain
required traits or characteristics important in police work.

1-5.4
C. The selection process is validated by showing that it represents and is relevant to
actual job behavior.

D. The department's selection processes also demonstrate utility, which refers to the
practical value of a component of the selection process based on the nature of the
job.

E. Adverse impact.

1. Adverse impact refers to a selection procedure that works to the


disadvantage of a racial or ethnic group, or of a sex.

2. The department shall reduce adverse impact as much as possible in its hiring
procedures.

3. The department retains records of hiring tests to monitor adverse impact.

F. Fairness: All elements of the selection process shall be administered, scored,


evaluated, and interpreted in a fair and uniform manner.

VI. OATH OF OFFICE:

All personnel, prior to assuming sworn status, shall take an oath of office to enforce the law
and uphold the Constitution of the United States, the Constitution of the Commonwealth of
Virginia, and the ordinances of the Town of Lawrenceville.

VII. PROBATION:

A. All newly-hired officers shall be considered on probation for twelve months from
date of employment. The same probationary period applies to officers hired through
lateral entry.

B. If the officer begins work before a basic academy, he shall perform non-police
duties only, and will accompany experienced officers, preferably FTO’s, as an
observer.

C. The chief reserves the right to extend the probationary period because of an
unsatisfactory rating. A second unsatisfactory rating, at the end of the extension, in
any category shall provide cause for dismissal.

D. The work performance of each probationary employee shall be evaluated using


valid, non-discriminatory procedures.

1-5.5
E. Probationary employees who wish to protest their ratings have no grievance rights
except to request an interview with the Chief of Police.

VIII. RECORDS:

A. The department maintains, for each employee, a personnel record which includes all
forms completed during the hiring process, all evaluations, complaints,
commendations, and assignments.

B. The Chief of Police maintains and controls all personnel records.

C. Employees may review their records at any reasonable time upon request. The chief
may release a record from file upon obtaining a signed receipt from the authorized
person with a need to review it.

D. All personnel records are considered sensitive information available for review to
supervisory or investigative personnel who have a need, as determined by the Chief
of Police.

E. If the chief deems it necessary to include derogatory information in a personnel file,


he shall notify the employee of the fact in writing. The employee may protest the
inclusion of such information in writing to the chief. Probationary employees have
no right of protest in such matters. Grievances are discussed under RR 1-10.

F. Personnel records are permanent property of the department.

Put new signed cover page in PER.09.05

1-5.6
LAWRENCEVILLE POLICE DEPARTMENT

RULES AND REGULATIONS


SUBJECT: PERFORMANCE Number: 1-6
EVALUATION
EFFECTIVE DATE: 12/16/13 REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
PER.1-6 (7/03) _______________________________
Chief of Police
VLEPSC STANDARDS: PER.06.01-06.02

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Evaluation
Performance evaluation
Scale value application

I. POLICY:

The department bears an obligation to the public and its own personnel to hire and
maintain the best qualified police officers. To that end, the department regularly and
formally evaluates the performance of officers and other employees. The evaluation system
discussed herein serves both the interests of management and the department's employees.
The purposes of the evaluation system are to (1) allow fair and impartial personnel
decisions; (2) maintain and improve performance; (3) provide a basis and a medium for
personnel counseling; (4) assist decisions about the tenure of probationary employees; and
(5) identify training needs.

1-6.1
II. PURPOSE:

The purpose of this order is to outline and describe the departmental evaluation
process.

III. PROCEDURES:

A. General

1. Evaluations reflect observations and perceptions by rating personnel, and are,


therefore, inherently subjective. Nevertheless, personnel shall be rated according to
unacceptable, acceptable or superior behavior. Specific guidelines for rating
behavior are found in the appendix to this order.

2. Each officer shall be evaluated annually. An officer who receives unsatisfactory


ratings may be placed on probation for a period determined by the Chief of Police.
Within the probation period, an officer shall receive remedial training in deficient
areas, demonstrate proficiency (or satisfactory improvement) in deficient areas, the
training and improved behavior documented on a follow-up evaluation form.
During a probationary period for remedial training, an officer shall receive
supplemental evaluations at the chief's discretion.

3. All evaluations shall be placed in employees' personnel files.

4. Probationary officers shall be evaluated at least twice during their probationary


period. First, evaluations will be conducted weekly during the field training
program and an overall assessment will be conducted at the completion of the FTO
training, and the second being their yearly evaluation.

5. Police officers shall be evaluated formally by their supervisor; the supervisors by the
Chief of Police.

6. All evaluations are reviewed and signed off by the Chief of Police. Each employee
will meet with the evaluator at which time they will discuss level of performance
expected and goals for the new reporting period.

7. An officer who receives an unsatisfactory mark he or she perceives unjust may


protest same to the Chief of Police. The officer concerned must rebut the comments
or marks in writing, submitted through the chain of command to the Chief of Police.
In any case, final appeal extends to the Town Manager, in writing, through the Chief
of Police.

1-6.2
B. Application:

1. The philosophy of the evaluation form focuses on observations of


demonstrated proficiency in behavior relevant to the job. Proficiency may
be demonstrated in a variety of ways:

a. Performing the behavior in the field.

b. Performing the behavior in a practical exercise or simulation,


accompanied by written or oral testing.

c. Written or oral testing (for subjects not amenable to field


demonstration).

2. Any unsatisfactory rating must be documented. Deficiencies in behavior


must receive precise documentation. For example, an officer might receive
an unsatisfactory rating in, officer safety. In the comments section, the
evaluator would write, "Officer consistently presents his gun to traffic
violators and approaches stopped vehicles with objects in both hands."

3. The categories of behavior represent key areas of police behavior.

C. Employee Counseling:

1. At the conclusion of the rating period, the employee shall be counseled in


the following areas:

a. Results of the performance evaluation just completed

b. Level of performance expected, rating criteria or goals for


the new reporting period.

c. Career counseling relative to such topics as advancement,


specialization, or training appropriate to the employee’s position.

2. See also RR 1-12, Training and Promotions.

1-6.3
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: EMPLOYEE DISCIPLINE NUMBER: 1-7
EFFECTIVE DATE: 11/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
PER.1- 7 (2/04) ________________________________________
Chief of Police
VLEPSC STANDARDS: ADM.07.04,
PER.09.01-09.05, PER.11.01

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Arrests; reporting Probationary employees


Counseling Punishments
Demotion Reprimands (oral and written)
Discipline Relief from duty
Dismissal Supervision
Harassment
Penalties

I. POLICY:

It is the department's policy to impose disciplinary action fairly and impartially and
to offer adequate appeal procedures to ensure that the rights of employees are protected.

Discipline is a process of imposing formal sanctions which will help train or


develop an employee, preferably through constructive rather than punitive measures.
Discipline in the department involves reward of employees, training, counseling, and as a
last resort, punishment.

1-7.1
II. PURPOSE:

The purpose of this order is to establish procedures concerning informal and formal
disciplinary practices within the department.

III. DEFINITIONS:

A. Days: The term "days," as used herein, shall mean calendar days provided,
however, that if the last day of any time period mentioned herein is a Saturday,
Sunday, or holiday, the time period shall be extended to the next day.

B. Relief from duty: An administrative action by a superior whereby a subordinate


officer is temporarily relieved from performing his or her duties.

C. Discipline: A method of training or developing an employee by proper supervision


and instruction. Discipline may be positive (awards) or negative (punishment).

IV. PROCEDURES:

A. Positive discipline:

Positive discipline is oriented towards seeking voluntary compliance with


established policies, procedures, orders. Methods of positive discipline include:

1. Recognition of excellent job performance through rewards or awards.

a. When positive feedback concerning an employee's performance is


received from people outside the department, the person who
receives the information shall make a record of the comments which
will be passed to the employee and the employee's supervisor.
Normally, when the chief receives positive comments about an
employee, he will write an acknowledgment thanking the citizen.
Copies of the citizen's statement and the chief's response are sent to
the officer involved, the supervisor and, if a significant action, a
copy of all correspondence is placed in the employee's personnel file.

b. Truly exceptional acts should be clearly and promptly identified to


the Chief of Police. Such acts may be the basis for special awards or
for special recognition by citizen-community groups or media
coverage. Commendation forms are found on the Town website.

2. Discussion and Counseling

3. Training

1-7.2
B. Consistency in discipline

The department abides by the philosophy that discipline must be applied


consistently and uniformly. RR 1-9 describes complaint procedures against
department employees, whereas this order provides discussion of employee
recognition and penalties for various infractions.

1. The department does not provide employees with all-inclusive lists of


specifically prohibited behavior. One list of examples of such behavior
appears in RR 1-2, but no list can be all-inclusive.

2. Employees are expected to have a reasonable perception of what constitutes


proper behavior, based on academy training and the observance of the
behavior of officers generally.

C. Relief from duty shall be imposed whenever the Chief of Police questions an
employee's physical or psychological fitness for duty. An internal affairs
investigation may follow.

1. The field supervisor has authority to relieve an employee from duty, but
must promptly report such action to the Chief of Police, accompanied by a
written report setting forth details and circumstances.

2. If the necessity to relieve from duty is not immediate, the behavior or actions
of the employee shall be deemed a matter of internal affairs. In an internal
affairs investigation, the Chief of Police solely may relieve from duty an
employee. Only the Chief of Police, under consultation with the Town
Manager, may suspend without pay a police officer whose continued
presence on the job constitutes a substantial and immediate threat to the
welfare of the department, the public, or to himself (Virginia Code 9.1-505).

3. An officer who refuses to obey a direct order in conformance with the


department's rules, regulations, and orders may be relieved from duty by the
supervisor, who may recommend suspension to the Chief of Police. The
chief, in consultation with the Town Manager, may then suspend without
pay (Virginia Code 9.1-505).

D. Penalties - The following penalties are available:

1. Oral reprimand; counseling.

2. Written reprimand.

1-7.3
3. Demotion or suspension without pay.

4. Dismissal from department.

E. Oral reprimand; counseling and training:

Oral reprimands, while informal, may require documentation. The following steps
shall be observed:

1. At the time of an oral reprimand, the employee receiving it shall be


counseled as to correct behavior, and further advised that a written record
may be maintained concerning the reprimand/counseling.

2. The reprimanding superior shall record the reprimand/counseling in a


memorandum to the Chief of Police containing the following information:

a. Employee's name;

b. Date of reprimand/counseling;

c. Summary of reasons for reprimand/counseling;

d. Summary of employee's response;

e. Suggestions for improvement or specific actions suggested;

f. Name of counselor and signature.

g. The employee shall sign and date the form following the statement.

4. The oral reprimand/counseling may involve remedial training. Such training


may be deemed necessary to rectify the improper behavior. Remedial
training may include attendance of basic academy classes, in-service, or
other training specially created to accomplish the department's
recommended employee actions to correct or modify behavior. Remedial
training is reasonably offered until the employee can demonstrate
proficiency in the corrected behavior. All training shall be documented.

5. Accumulation of three oral reprimands in one year shall result in a written


reprimand or suspension, depending on circumstances.

6. Supervisors are expected to counsel employees regularly without oral


reprimands. Most counseling is informal, positive, supportive, and perhaps
undocumented.

1-7.4
a. Supervisors are responsible to counsel employees concerning job-
related matters, within their capabilities. Many things can affect the
job and an employee's performance, so job-related counseling may
involve family and other individual, personal subjects. Counseling
may include identification of unacceptable behaviors or actions,
specifically what was done incorrectly and the desired or acceptable
outcome. Counseling can attempt to determine the reason for the
particular behavior, determine and recommend how to correct or
improve performance or to solve the problem.

b. A variety of counseling resources are available within the


community including psychological, family, marital, and financial
counseling. Employees in need of counseling, or desiring
information about available resources, are encouraged to talk with
the Chief of Police. The department recognizes that no stigma is
attached to seeking professional counseling to solve problems.

F. Written reprimand:

A written reprimand, issued by the Chief of Police, cautions an employee


about poor behavior, sets forth the corrected or modified behavior mandated
by the department, and specifies the penalty in case of recurrent poor
behavior. A written reprimand becomes a permanent part of the employee's
personnel record, and is maintained in a secured file.

1. An employee may appeal a written reprimand in writing within ten


days of its receipt.

2. If the Chief of Police sustains the reprimand in such an event, the


employee may appeal the reprimand to the Town Manager who shall
be the final arbiter.

G. Demotion or suspension without pay:

If the situation warrants, the Chief of Police, in consultation with the Town
Manager, may demote an employee or suspend without pay, measures
normally considered coequal.

1. Suspensions without pay will normally apply to a period of up to 15


days, as determined by the Chief of Police and Town Manager.

2. If the employee becomes a candidate for suspension a second time


within one year after the first suspension, the employee may be

1-7.5
dismissed.

3. Suspensions resulting from criminal investigations may be prolonged


beyond 15 days pending court action.

a. In no case shall an employee convicted of a felony continue


to work for the department.

b. If an employee is acquitted of criminal charges, the employee


may yet be disciplined at the discretion of the Chief of Police
or reinstated with full or partial back pay.

4. Any member suspended for a period five days or longer shall return
all department-owned property to the Chief of Police. On any
suspension, the officer must return to the chief his or her badge,
identification card, and issued firearm.

5. During a suspension, the employee shall not undertake any official


duties.

6. Demotion shall be to the next lowest rank. Demotion shall only


apply to officers above the rank of patrol officer.

7. An employee may protest a suspension within five days of notice.


An employee may appeal a suspension through the Chief of Police to
the Town Manager, whose decision is final.

8. The Town Manager may reinstate a suspended employee at any


time, with back pay, benefits, and original rank or position.

H. Dismissal:

Dismissals are made in cases of extreme misfeasance, malfeasance, or


nonfeasance of duty. A complete record of the circumstances of the
misbehavior shall be made by all persons having knowledge of the
misbehavior.

1. Employees may protest or appeal a dismissal within fifteen days of


receipt of notice, and may appeal in accordance with the procedure
outlined under paragraph E. 7 above, in accordance with Virginia
Code 9.1-504.

2. Whenever dismissal or suspension is contemplated, the department


shall provide notice to the employee in accordance with Virginia

1-7.6
Code 9.1-502. If the employee is dismissed, the department shall
include in its notice to the employee, the effective date of dismissal.

I. Reporting arrests:

Any employee arrested for, charged with, or convicted of any crime, or


required to appear as a defendant in any criminal or civil proceedings, must
so inform the Chief of Police in writing as soon as possible. Employees do
not have to report parking tickets or minor traffic offenses. Employees must
report citations or arrests for reckless driving, DUI, second or more
violations for speeding, or any other traffic offenses with penalties over
$25.00. Failure to notify the department of the foregoing shall be cause for
disciplinary action.

V. INFRACTIONS AND PUNISHMENTS

A. Except for gross breaches of discipline, supervisors shall attempt to begin


employee discipline with the least punitive measures. If these do not work,
then increasingly more severe measures may be required. While this process
may take some time, it is important that each employee be dealt with justly,
and in a manner which clearly indicates that positive, constructive measures
to change behavior or performance preceded the imposition of more
negative sanctions.

B. Employees are reminded that all appeals are governed by law, as specified
Code 9.1-507.

C. Unacceptable conduct is divided into three categories according to severity


of misbehavior.

1. Category I.

Examples:

a. Excessive absences, tardiness.

b. Abuse of duty time (too much time away from established


duties; to much time for personal business).

c. Abusive or obscene language.

d. Inadequate or unsatisfactory job performance.

e. Disruptive behavior.

1-7.7
Category I offenses are of minor severity yet require correction in the
interest of maintaining a productive and well managed department.

Category I offenses normally result, in the first offense, informal measures


such as counseling, or perhaps by oral reprimand/formal counseling. Three
Category I offenses in one year results in a written reprimand or suspension
of up to five days. A fourth instance in one year shall provide grounds for
longer suspension or dismissal.

2. Category II.

Examples:

a. Failure to follow supervisor's instructions, perform assigned


work, or otherwise comply with policy.

b. Violating safety rules without a threat to life.

c. Unauthorized time away from work assignments without


permission during duty hours.

d. Failure to report to work without proper notice to a


supervisor.

e. Unauthorized use or misuse of department property.

f. Refusal to work overtime.

Category II offenses include more severe acts and misbehavior. Category II


offenses normally result, in the first instance, in issuance of or written
reprimand. A subsequent infraction within two years shall result in
suspension of up to ten days or demotion or dismissal.

3. Category III.

Examples:

a. Absence in excess of three days without notice to a superior.

b. Use of alcohol or unlawful possession or use of a controlled


substance while on duty.

c. Reporting to work under the influence or when ability is

1-7.8
impaired by alcohol or the unlawful use of controlled
substances.

d. Insubordination or serious breach of discipline.

e. Falsification of any reports such as, but not limited to,


vouchers, official reports, time records, leave records, or
knowingly make any false official statement.

f. Willfully or negligently damage or destroy town property.

g. Theft or unauthorized removal of departmental records or


town or employee property.

h. Gambling on town/county property.

i. Acts of physical violence or fighting (except official police


actions).

j. Violating safety rules where there is a threat to life.

k. Sleeping on duty.

l. Participating in any kind of work slowdown or sit-down or


any other concerted interference with town operations.

m. Unauthorized possession or use of firearms, dangerous


weapons, or explosives.

n. Threatening or coercing employees or supervisors.

o. Criminal convictions for acts of conduct occurring on or off


the job which are plainly related to job performance and
consequently to continue the employee in the assigned
position would constitute negligence regarding the agency's
duties to the public.

p. Failure to take physical or mental examinations as required.


The Chief of Police may require mental or physical
examinations of a member or employee by a designated
psychiatrist, psychologist, or physician when, in the chief's
estimation, it is in the best interest of the member, employee,
or the department.

1-7.9
q. Using public office for private gain.

r. Engaging in criminal conduct on or off the job.

s. Engaging in dishonest or immoral conduct that undermines


the effectiveness of the agency's activities or employee
performance, whether on or off the job.

t. Willful disobedience of a lawful command of a supervisor.

u. Disclosure of confidential information to any person except


those who may be entitled to such information.

v. Taking any action which will impair the efficiency or


reputation of the department, its members, or employees.

w. Acceptance of any bribe, gift, token, money, or other things


of value intended as an inducement to perform or refrain
from performing any official act, or any action of extortion
or other means of obtaining money or anything of value
through his position.

x. Manifesting cowardice, feigning illness, or otherwise


attempting to shirk official duty.

y. Involvement in any compromise between persons accused of


crime and the person or persons who may have suffered from
criminal acts with the purpose of allowing the accused to
escape punishment.

z. Failure to answer questions specifically directed and related


to official duties or job fitness. (Unless criminal prosecution
is contemplated.)

aa. The use of unnecessary force during an arrest/custody


procedure.

bb. Deviation from established procedures in the disposition of


summons or arrest cases.

Category III offenses include acts of such severity as to merit suspension or


dismissal at a single occurrence. Category III offenses may be punished by
suspension for 15 days (or longer, with approval of the Town Manager) or
dismissal.

1-7.10
D. Probationary Employees

Probationary employees shall be dismissed, suspended, or otherwise


disciplined according to the foregoing. The only difference is that a
probationary employee has no right of appeal.

1. In the case of a dismissed probationary employee, the official record


will merely indicate that the person was dismissed during
probationary employment.

E. Sexual Harassment and Other Discrimination

Employees found to have engaged in discrimination on the basis or race,


color, religion, national origin, political affiliation, handicap, age, or sex
(including sexual harassment) may be counseled or disciplined with a
Category I, II, or III Offense, depending upon the specific facts and
circumstances surrounding the incident.

1. Sexual harassment is defined in RR 1-8.

F. Discipline Checklist

The following checklist, from the Management Kit of the American


Management Association, should be used by supervisors to help analyze the
employee misbehavior and offer correction.

1. Have I secured the necessary facts?

a. Did the employee have an opportunity to tell fully his side of


the story?

b. Did I check with the employee's immediate supervisor?

c. Did I investigate all other sources of information?

d. Did I hold my interview privately in order to avoid


embarrassing the interested employee or employees?

e. Did I exert every possible effort to verify the information?

f. Did I check the employee's personnel folder to look at his


past record?

1-7.11
2. Have I considered all the facts in deciding upon the disciplinary
measure?

a. Have I found out what has been done in similar cases in my


department?

b. Have I found out what has been done in similar cases in other
departments?

c. Have I shown any discrimination toward an individual or


group?

d. Have I let personalities affect my decision?

e. Does the measure fit the violation?

f. Will the measure prevent a recurrence?

g. Will the measure maintain morale?

h. Will the measure encourage the employee's initiative?

i. Will the measure create a desire on the part of the employee


to do what is right?

j. Have I checked this decision with my immediate supervisor?

3. Have I administered the corrective measure in the proper manner?

a. Did I consider whether it should be done individually or


collectively?

b. Am I prepared to explain to the employee why the action is


necessary?

(1) The effect of the violation on the company, fellow


employees, and himself.

(2) To help him improve his efficiency and also that of


the department.

c. Am I prepared to tell him how he can prevent a similar


offense in the future?

1-7.12
d. Am I prepared to deal with any resentment he might show?

e. Have I filled out a personnel folder memo to be signed by the


employee?

4. Have I made the necessary follow-up?

a. Has the measure had the desired effect on the employee?

b. Have I done everything possible to overcome any


resentment?

c. Is the employee convinced that the action was for his best
interest?

d. Have I endeavored to compliment him on his good work?

e. Has the action had the desired effects on other employees in


the department?

1-7.13
LAWRENCEVILLE POLICE RULES AND REGULATIONS
DEPARTMENT
SUBJECT: SEXUAL AND OTHER NUMBER: 1-8 (Town of Lawrenceville Employee
HARASSMENT

Personnel Handbook, Section VI)


EFFECTIVE DATE: 11/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
PER.1-8 (9/03) ___________________________________
Chief of Police
VLEPSC STANDARDS: PER.02.01-02.03

INDEX WORDS:

Discrimination
Sexual harassment

Town of Lawrenceville Employee Personnel Policy Handbook, Section VI (Sexual


Harassment), reprinted in part below, shall apply in full to the West Point Police Department
and is thus incorporated as LPD RR 1-8. All investigations into allegations of discrimination
shall be confidential.

OVERVIEW: Lawrenceville is committed to providing a work environment that is free of


discrimination and unlawful harassment. This policy defines harassment, its prohibition and the
Town's response to the discovery of such harassment.

SCOPE: This policy applies to all persons working for and with Lawrenceville, regardless of
employment status.

DEFINITIONS:

1. Sexual Harassment- as defined by the Equal Employment Opportunity Commission


(EEOC) includes sexual advances, requests for sexual favors and other verbal or physical
conduct of a sexual nature when:

A. submission to such conduct is made explicitly or implicitly a term or condition of an


individual's employment.

1-8.1
B. submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting that individual; and/or

C. Such conduct has the purpose or effect of unreasonably interfering with an


individual's work performance, or creating an intimidating, hostile or offensive work
environment.

2. Other Unlawful Harassment: other conduct that results in discrimination that is demeaning
to another person, or undermines the integrity of the employment relationship.

PROVISIONS

A. Harassment Prohibited:

Lawrenceville Police Department will not tolerate sexual harassment, other unlawful
harassment or actions, words, jokes or comments based on an individual's sex, race,
ethnicity, age, religion, disability or any other legally protected characteristic.

B. Complaint process:

Any employee who wants to report an incident of sexual or other unlawful harassment
should promptly report the matter to the appropriate supervisor or the Chief of Police.

Any supervisor who becomes aware of possible sexual or other unlawful harassment shall
immediately advise the Chief of Police.

The Chief of Police or his designee and Town Manager will ensure that all allegations of
sexual or other unlawful harassment are investigated and that immediate and appropriate
corrective action is taken.

C. Consequences:

Supervisors who allow sexual harassment to continue or who fail to respond accordingly to
allegations of such harassment will be subject to disciplinary action, up to and including
termination of employment.

Any one engaging in sexual or other unlawful harassment will be subject to disciplinary
action, up to and including termination of employment.

The Chief of Police will promptly advise the Town Manager of any allegation involving
sexual or unlawful harassment.

1-8.2
LAWRENCEVILLE POLICE RULES AND REGULATIONS
DEPARTMENT
SUBJECT: COMPLAINTS AGAINST
POLICE PERSONNEL/INTERNAL
INVESTIGATIONS
NUMBER: 1-9
EFFECTIVE DATE: 12/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.1-9 (9/03) ________________________________
Chief of Police
VLEPSC STANDARDS: ADM.18.01-18.06

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Board of inquiry
Criminal misconduct
Complaint
Due process
Financial disclosure statements
Internal investigations
Lineups, photographs of employees
Medical/laboratory examinations of employees

I. POLICY:

The image of the department depends on the personal integrity and discipline of all
departmental employees. To a large degree, the public image of this department is
determined by the professional response of the department to allegations of misconduct
against it or its employees. The department must competently and professionally
investigate all allegations of misfeasance, malfeasance, nonfeasance by employees and
complaints bearing on the department's response to community needs.

II. PURPOSE:

1-9.1
The purpose of this policy is to describe procedures for making complaints against
department personnel, for investigating complaints, and to list and define the dispositions of
complaints.

III. PROCEDURES - GENERAL

A. The department encourages citizens to bring forward legitimate grievances


regarding misconduct by employees. Department members shall receive complaints
courteously and shall handle them efficiently. All officers are obligated to explain
to inquiring citizens the complaint procedures.

B. The department recognizes that its personnel are often subject to intense pressures in
the discharge of their duties. The employee must remain neutral under
circumstances that are likely to generate tension, excitement, and emotion. In such
situations, words, actions, and events frequently result in misunderstanding and
confusion. It is advantageous to all employees to have a procedure for the
investigation of allegations and underlying circumstances so that complaints can be
resolved in light of the complicated pressures of police work.

C. A copy of "How to Make A Complaint" will be posted in the public area of the
police department, provided to media representatives, and may be given to any
citizen requesting information on how to make a complaint against the department
or an employee of the department. A copy of "How to Make a Complaint" is found
in the appendix to this order.

D. Responsibility for handling complaints:

1. As a rule, complaints regarding law enforcement operations will be handled


through the chain of command. Complaints involving how police service is
provided, a failure to provide a service or improper attitudes will be reported
to the Chief of Police. The case will normally be assigned by the Chief for
investigation. A report of finding will be prepared and forwarded to the
Chief of Police for review.

2. Complaints alleging improper police conduct, brutality, corruption, or other


serious offenses shall be handled as an internal affairs matter, and shall be
immediately reported to the Chief of Police.

E. Receipt of complaints:

1. Complaints, regardless of nature, can be logged in person, by mail, by the


town web page or by phone at any time. As part of the follow-up
investigative activity, persons making complaints by mail or phone normally
shall be interviewed and a written, signed complaint prepared. A copy of
the complaint form is found in the appendix to this order. Anonymous
complaints shall be investigated the same as any other complaint.

1-9.2
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 such
complaints shall be subject to disciplinary action.

3. Normally, a citizen with a complaint will be referred to the Chief of Police


who shall assist the citizen in recording pertinent information. He will, if
appropriate, conduct a preliminary investigation.

4. If during the investigation, it is determined that the complainant is


apparently under the influence of an intoxicant or drug, or apparently suffers
from a mental disorder, or displays any other trait or condition bearing on
his or her credibility, the investigator shall note such conditions on the
reverse side of the complaint form. Any visible marks or injuries relative to
the allegation shall be noted and photographed.

a. Prisoners or arrestees also may make complaints, although


circumstances may require a department representative to meet the
complainant at a jail or prison for an interview. If appropriate, the
police representative will have photographs taken of prisoners'
injuries.

5. A department member receiving a citizen complaint through U.S. mail shall


place the correspondence and envelope in a sealed envelope and forward it
to the Chief of Police, who will determine investigative responsibility.

6. Complaints received by telephone will be courteously and promptly referred


to the Chief of Police or his designee. The person taking the call shall
record the name and telephone number of the complainant and state that the
Chief of Police or, his designee, shall call back as soon as practicable.

7. The above procedure may also be used when department employees desire
to enter a complaint against any other employee governed by this order.

F. Disposition of Complaints:

The Chief of Police shall:

1. Notify the complainant as soon as practicable, that the department


acknowledges receipt of the complaint, that it is under investigation, that the
investigation will be completed within thirty days, and that the complainant
and employee will be advised of the outcome. If the investigation exceeds
thirty days, the Chief of Police shall write the complainant a letter explaining
the circumstances of the delay.

1-9.3
2. Maintain complaint files separate from personnel files. Any information or
records relating to internal affairs investigations are confidential and access
to the files is limited to the Chief of Police, or his designee.

3. Take appropriate disciplinary action following the investigation.

G. Disposition of serious complaint:

1. Serious complaints allege violations of the law or gross negligence in


violating or failing to enforce civil rights of citizens. The term "serious
complaint," in this manual, is synonymous with "internal investigations"
Internal investigations examine alleged brutality, gross excesses of legal
authority, or allegations, involving supervisory personnel or multiple police
personnel.

2. In such cases, the Chief of Police shall:

a. Record, register, control or cause to be recorded, registered, or


controlled the investigations of employees, ensuring complainant and
employee notifications are made according to policy;

b. Supervise the activities under "a" and maintain confidential records;

c. Ensure that the investigations conducted according to Virginia Code


Section 9.1-500 through 507, a copy of which the Chief shall
provide to each officer under investigation.

d. Maintain close liaison with the Commonwealth's Attorney in


investigating alleged criminal conduct. Where liability is an issue,
the Chief shall similarly maintain contact with the Town Attorney.

IV. PROCEDURES: Investigative

Two types of investigations may take place: administrative or criminal. Different rules
govern interviews of employees in each case.

A. Interview for administrative purposes: If the Chief of Police, or his designee,


wishes to compel an employee to answer questions directly related to his or her
official duties and is willing to forego the use of such answers in a criminal
prosecution, the interviewer shall advise the employee the following:

1. The purpose of the interview is to obtain information to determine if a policy


violation has occurred. The answers obtained may be used in disciplinary
proceedings resulting in reprimand, demotion, suspension, or dismissal.

2. All questions specifically related to employment must be fully and truthfully

1-9.4
answered. Refusal to answer may result in disciplinary action.

3. No answers given nor any information obtained by reason of such


statements are admissible against the employee in any criminal proceeding.

a. The employee shall be read the following:

“I wish to advise you that you are being questioned as part of an


official investigation of the police department. You will be asked questions
specifically directed and narrowly related to the performance of your official
duties or fitness for office. You are entitled to all the rights and privileges
guaranteed by the laws and the constitution of this state and the Constitution
of the United States, including the right not to be compelled to incriminate
yourself. I further wish to advise you that if you refuse to testify or to
answer questions relating to the performance of your official duties or fitness
for duty, you will be subject to departmental charges which could result in
your dismissal from the police department. If you do answer, neither your
statements nor any information or evidence which is gained by reason of
such statements can be used against you in any subsequent criminal
proceeding. However, these statements may be used against you in relation
to subsequent departmental charges."

4. In an interview for administrative purpose, no Miranda rights are required.


Further, the foregoing rules are inconsistent with Miranda in that employees'
statements cannot be used as evidence. Further, as the interview does not
serve criminal prosecution, the employee has no Sixth Amendment right to
counsel.

a. The governing case is Garrity v. New Jersey, 385 U.S. 483, 87 S. Ct.
616 (1967).

b. The interviewing officers shall use the "administrative proceedings


rights" form found in the appendix to this instruction. In the event of
a criminal investigation, the officer will be advised in writing of the
allegations at the point Miranda is advised.

B. Interviews for criminal investigative purposes: If the Chief of Police believes that
criminal prosecutions are possible and wishes to use statements against the
employee in a criminal proceeding, or at least wishes to maintain the option of their
use, he or his designee shall:

1. Give the employee Miranda rights.

2. Advise the employee that if he asserts his right not to answer questions, no
adverse administrative action will be taken based upon the refusal.

1-9.5
a. If the employee decides to answer questions at this point, the
responses may be used in both criminal and disciplinary
proceedings.

b. Note that the Miranda admonition includes the provision that a


lawyer may be present at an interview. Although technically the
employee has no right to counsel until the employee has been
criminally charged or his or her freedom of action has been deprived,
the department wishes the employee to have the option. The
department wishes no possibility to arise in which its actions might
be construed coercive.

c. The governing case is Gardner v. Broderick, 392 U.S. 273, 88S. Ct.
1913, 1916 (1968). The case made clear that a public employee may
not be fired for asserting his Fifth Amendment right not to
incriminate himself.

V. INVESTIGATIVE TOOLS AND RESOURCES

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, including:

A. Medical and Laboratory Examination

The Chief of Police or officer in authority may, based on his observation, require a
department employee to submit to a test for alcohol or drug use while on duty. The
results may be used in a disciplinary hearing. Refusal to submit to the examination
will be grounds for disciplinary action and may result in the employee's dismissal.

1. If the employee is believed to be under the influence of alcohol, a supervisor


shall administer a PBT test. The Chief of Police or officer in authority shall
witness the test.

2. If the employee has a reading of .02 or higher, or there is other competent


evidence of impaired abilities to perform duties, the officer shall be relieved
of duty by the Chief of Police or officer in authority.

3. If the employee is believed to be under the influence of self administered


drugs, he may be compelled to submit to a blood and/or urine test. The test
shall be administered under medical supervision where hygienic safeguards
are met. The sample will be handled using the same safeguards as evidence
in a criminal process.

4. If the test shows positive results, or there is other competent evidence of


impaired abilities to perform duties, the officer shall be relieved of duty as
soon as possible by the Chief of Police or other officers in authority.

1-9.6
5. If an employee refuses to submit to a test, (alcohol or drugs) then the Chief
of Police or other officer in authority will immediately relieve the employee
from duty for failure to cooperate in an administrative investigation.

B. Photograph and Lineup Identification Procedures:

Officers may be required to stand in a lineup for viewing by citizens for the purpose
of identifying an employee accused of misconduct. Refusal to stand in a properly
conducted lineup is grounds for disciplinary action and may result in dismissal.

1. A photo identification book of department employees may be maintained for


the purpose of identification by citizens of an employee accused of
misconduct. Photographs of employees may be required by the department
and shall be used when narrowly related to the employee's job.

2. Photographs or videotape pictures of employees, with or without an


employee's consent, may be taken for the purpose of internal investigations
as related to the employee's job when the employee is suspected of
misconduct.

C. Financial Disclosure Statements:

An employee may be compelled to make financial disclosure statements when


directly and narrowly related to allegations of misconduct involving any unlawful
financial gain. Any evidence gained during the investigation of an administrative
matter cannot be used in any criminal proceeding.

Use of polygraph examinations in internal investigations shall be in accordance with


the departmental policy regarding its use (see following paragraph).

D. Polygraph

1. Policy: All police personnel, effective with the promulgation of this policy,
shall be required to submit to a polygraph when ordered to do so by the
Chief of Police, or by another superior officer with the authorization of the
police chief.

2. The Chief of Police or his designee may order employees to take a


polygraph when charged with a Category III offense.

3. The results of the polygraph examination shall not be used as the sole basis
for disciplinary action against any employee.

4. Any polygraph examination administered under the provisions of this policy


and procedure shall be administered by a private contractor licensed to

1-9.7
administer polygraph examinations in the Commonwealth of Virginia or
must be a licensed examiner from another law enforcement agency. No
police employee shall be used to administer an examination to another police
employee.

5. Refusal to submit to a polygraph examination or to answer all questions


pertaining to the charges in the polygraph examination shall be grounds for
disciplinary action and may result in dismissal from the department.

6. In order to comply with state (Virginia Code ''9.1-500 et. seq. "Law
Enforcement Officers' Procedural Guarantees") and federal (privilege
against self-incrimination) law, the following information must be provided
to the officer asked to submit to such examination:

a. The nature of the inquiry, the name and rank of the investigating
officer, and the name and rank of any person present during the
examination.

b. That answers will not be used to prosecute the officer.

c. That the officer may refuse to take the polygraph or examination to


answer any questions, however, such refusal shall be grounds for
disciplinary action which may include dismissal.

d. That answers given during the polygraph examination do not


constitute a waiver of the privilege against self-incrimination as it
relates to criminal matters.

e. A Polygraph Examination Acknowledgment of Rights form must be


initialed and signed in the spaces indicated (see appendix to this
instruction). Refusal to do so shall be grounds for disciplinary action
which may result in dismissal.

7. The declaration is here made that the intent of all of the above is that any
person who refuses to submit to polygraph examination or refuses to answer
any questions pertaining to the charges in such an examination may be
terminated from employment.

VI. ADJUDICATION OF COMPLAINTS:

A. The Chief of Police will classify completed internal affairs investigations as:

1. Unfounded - no truth to allegations.

2. Exonerated - allegations true, but result of adherence to proper and

1-9.8
appropriate police procedures and techniques.

3. Not sustained - unable to verify the truth of the matters under investigation.

4. Sustained - allegations true.

5. Completed investigations classified as unfounded, exonerated or not


sustained will be maintained in internal affairs files in the chief's office.
Sustained complaints will be filed in the individual employee's department
personnel file with a copy in the internal affairs files.

B. Disciplinary records:

Category I offenses shall be purged two years after adjudication, if no further


offenses in any category have occurred. Category II offense records similarly shall
be purged after three years. Category III records are permanently retained.

C. Disciplinary action taken shall be determined by the seriousness of the violation or


the extent of injury to the victim. It shall commensurate with the circumstances
surrounding the incident and in consideration of the officer's service record and
prior sustained complaints. See RR1-7 for details.

VII. DUE PROCESS:

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."

B. The department seeks to observe due process of law in the philosophy of the
14th Amendment in any disciplinary proceeding. Nevertheless, the
foregoing rules circumscribe when legal counsel may or may not be used
during interviews of employees suspected of misconduct.

C. The department recognizes that an employee, though dismissed or


suspended, may have a liberty interest to enjoy future employment
elsewhere and, if suspended or dismissed, should have an opportunity to set
forth his or her point of view for name-clearing purposes. In view of this
interest, the department affords an employee a hearing in accordance with
the provisions of RR 1-10.

VIII. BOARD OF INQUIRY:

A. The Chief of Police may invoke a board of inquiry at any time for any disciplinary
purpose. The board will serve to review facts or information to resolve an allegation
of misconduct. A board will always be convened in the event of a police shooting,
death or serious injury of an officer or citizen killed or injured incident to police
action, or accident involving a police vehicle where there is significant injury or

1-9.9
property damage.

1. A board of inquiry shall consist of at least three people, including the Town
Manager, Chief of Police (unless involved in the incident under scrutiny),
plus a law enforcement officer of the rank of sergeant or above from nearby
agency or Department of State Police.

2. The board shall recommend a decision to the Chief of Police, or if the Chief
is involved in the incident, to the Town Manager.

3. The board's proceedings will not be recorded and transcribed; however, a


board chairman shall be selected from among the board members who shall
write, in a memorandum to file, a summary of the proceedings, names of
board members, and the board's recommendations.

1-9.10
HOW TO MAKE A COMPLAINT

1. If you wish to make a complaint about the actions of a police officer or about any
aspect of police operations, please:

a. Come to the department and tell any employee that you want to make a
complaint; or

b. Call the department or the Town Manager's office and tell the person
answering the phone that you want to make a complaint; or

c. Write your complaint and mail it to the Chief of Police; or

d. Visit the Town web page to download a form on which to write your
complaint.

2. A supervisory officer will assist you in filling out a report of complaint against
police personnel form. This form asks you to identify yourself and then to give
specific details about your complaint.

3. Your complaint will then be investigated. You may be contacted and asked
additional questions about your complaint.

4. If it is going to take a long time to investigate your complaint, you will receive a
letter telling you approximately when you may expect a reply.

5. When your complaint has been investigated, the Chief of Police will review the
investigation and will write you a letter explaining what has been determined in
relation to the matter.

1-9.11
REPORT OF COMPLAINT AGAINST POLICE PERSONNEL

CONFIDENTIAL

Name of Complainant: _______________________________________________


At what address can you be contacted: _____________________________
What phone number? Residence: _______________ Employment: _______________
Date and time of incident: _________________________________________
Location of incident: _____________________________________________
Name of officer(s) against whom complaint is being filed, or other identifying marks (car number,
badge number, etc.)

Rank: _______________________ Name: ________________________________


I.D. # _____________________ Badge: ______________________________
Vehicle: ________________________________

Name(s)/address/phone number or other identifying information concerning witness:


_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Statement of allegation:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
(If further space is needed use reverse side of sheet)
I understand that this statement of complaint will be submitted to the Lawrenceville Police
Department and may be the basis for an investigation. Further, I sincerely and truly declare and
affirm that the facts contained herein are complete, accurate, and true to the best of my knowledge
and belief. Further, I declare and affirm that my statement has been made by me voluntarily
without persuasion, coercion, or promise of any kind.
I understand that, under the regulations of the police department, the officer against whom
this complaint is filed may be entitled to request a hearing before a board of inquiry. By signing
and filing this complaint, I hereby agree to appear before a board of inquiry, if one is requested by
an officer, and to testify under oath concerning all matters relevant to this complaint.

_______________________________ _____________________
Signature of Complainant Date

____ Check if complainant refused to sign

_______________________________________ ________________________
Signature of Person Receiving Complaint Date and Time Received

1-9.12
ADMINISTRATIVE PROCEEDINGS RIGHTS
NOTICE OF ALLEGATIONS

NAME_____________________________ DATE_________________ TIME_______

The Virginia State Code (9.1-501) provides that whenever an investigation by an agency focuses on
matters which could lead to the dismissal, demotion, suspension or transfer for punitive reasons of a
law enforcement officer, the following conditions shall be compiled with:

1. Any questions of the officer shall take place at a reasonable time and place as designated by
the investigating officer, preferably when the officer under investigation is on duty and at
the office of the command of the investigating officer or at the office of the local precinct or
police unit to the officer being investigated, unless circumstances dictate otherwise.

2. Before questioning the officer, he shall be informed of (1) the name and rank of the
investigating officer and of any individual to be present during the questioning and (2) the
nature of the investigation.

Departmental policy provides that:

1. You are entitled to read the complaint lodged by the complainant.


2. Refusal to answer all questions pertaining to the allegations made by the complainant either
orally or in writing, shall be grounds for disciplinary action and may result in dismissal
from the department.
3. The answers given during the investigation of an administrative matter will not be used
against you in any criminal proceedings.
4. The answers given do not constitute a waiver of your privilege against self-incrimination as
related to criminal matters.
5. Before being formally charged, during an administrative investigation, no attorney will be
permitted to be present.

Accordingly, you are hereby advised that the following allegations have been directed to you:

COMPLAINANT(S): 1.________________________ 2.______________________

-----------------------------------------------------------------------------------------------------------------------
--
The undersigned hereby acknowledges receipt in writing of the charges or allegations against him
and his rights as pertaining to administrative proceedings.
______________________________
Signature
WITNESSES: __________________________________

1-9.13
POLYGRAPH EXAMINATION ACKNOWLEDGEMENT OF RIGHTS

I, ___________________________________________ have been ordered by


______________________________________ too submit to a polygraph examination as a
condition of employment in connection with the investigation of
_______________________________________________________________________________
______________________________________________________________________________.

I understand that my answers to such examination, as they relate to the above referenced
investigation, will not be used to prosecute me. _________ (initial)

I understand my refusal to submit to such examination and/or to answer questions pursuant


to such examination shall lead to disciplinary action which may include termination of my
employment. ___________ (initial)

I understand that my responses do not constitute a waiver of my privilege against self-


incrimination as it relates to criminal matters. _________ (initial)

I understand my refusal to sign this form shall lead to disciplinary action which may include
termination of my employment. ________ (initial)

_______________________________ ________________________________
Employee Signature Witness Signature

_______________________________ ________________________________
Date Date

1-9.14
CERTIFICATE TO BE COMPLETED IN EVENT OF REFUSAL TO SIGN FORM

I, ___________________________________________________, hereby certify this form


(Name and Rank)
was presented to ______________________________________________ on this date in
(Name and Rank)
connection with the above referenced investigation, that the contents of the form were made known

to him/her, and that failure to sign the form was grounds for disciplinary action, including

dismissal from employment, said ______________________________ refused in my presence to

sign this form.

____________________________________ ___________________________
Employee Signature Witness Signature

____________________________________ ___________________________
Date Date

1-9.15
LAWRENCEVILLE POLICE DEPARTMENT
RULES AND REGULATIONS
SUBJECT: GRIEVANCES Number: 1-10 (Town of Lawrenceville
Employee Personnel Policy Handbook,
Section V)
EFFECTIVE DATE: 12/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
PER.1-10 (11/03) _______________________________
Chief of Police
VLEPSC STANDARDS: PER.08-01 – 08.04

INDEX WORDS:

Grievance
Management steps
Panel hearing

Town of Lawrenceville Employee Personnel Policy Handbook, Section V (Grievances), reprinted


in part below, shall apply in full to the Lawrenceville Police Department and is thus incorporated
as LPD RR 1-10. The Town Manager shall be responsible for the maintenance, control and
security of all grievance records.

OVERVIEW: The Town of Lawrenceville is committed to providing employees with a fair and
immediate method for resolving disputes which may arise between the Town and its employees and
the Town’s personnel system. This policy identifies the steps and requirements for employing the
Grievance procedure.

SCOPE: The provision of the procedure shall apply to most Town personnel. All non-probationary
permanent employees, both full and part time are eligible to file grievances, except for certain upper
management positions and fixed-term positions as follows:
Town Council appointees,
Temporary, limited term, and seasonal employees, and
Law Enforcement Officers who elect to file a grievance under the procedural
guarantees for law enforcement personnel.

(Employee Personnel Policy Handbook, Section V)

DEFINITIONS:

1-10.1
Grievance: A complaint or dispute raised by an employee relating to his employment with the
Town.

PROVISIONS:

A. GRIEVABILITY:

1. Qualifying as Grievable - Complaints and issues which qualify as grievable include (but are
not necessarily limited to):

a. Disciplinary actions including dismissals, disciplinary demotions, suspensions

b. Application of personnel policies, procedures, rules, and regulations

c. Acts of retaliation as the result of using the grievance procedure or participating in the
grievance of another Town employee.

d. Complaints of discrimination based upon race, color, creed, political affiliation, age,
disability, national origin or sex.

e. Acts of retaliation because the employee has complied with a federal or State law and
has reported a violation of such a law to a governmental authority, or sought change
in law before the U.S. Congress or the General Assembly.

2. Not Grievable - The following complaints and issues are not grievable:

a. Wages, salaries, position classification, or general benefits.

b. Work activity which may reasonably be expected to be part of the job content.

c. Contents of ordinances and personnel policies and regulations.

d. Failure to promote, except where established promotional policies were not followed.

e. The methods, means and personnel by which work is done.

f. Termination, layoff, demotion or suspension from duties based upon lack of work,
reduction in work force or job abolition.

g. Hiring, promotion, transfer, assignment, and retention of employees.

h. Relief of employees from duties of the local government in emergencies.

3. Determining Grievability:
Decisions regarding whether or not a matter is grievable shall be made by the Town Manager

1-10.2
at the request of the department or grievant. Such determination of grievability shall be made
within ten working days of the request; it shall be subsequent to the reduction of the
grievance to writing but prior to the panel hearing. Decisions of the Town Manager may be
appealed by the grievant to the circuit court having jurisdiction in the locality in which the
grievant is employed for a hearing on the issue of grievability. Proceedings for the review of
the Town Manager’s decision shall be instituted by filing a notice of appeal with the Town
Treasurer within ten working days after the date of the decision and giving a copy thereof to
all parties. Within ten working days thereafter, the Town Treasurer shall transmit to the clerk
of the court to which the appeal is taken: a copy of the Town Manager’s decision, and a copy
of the notice of the appeal and the exhibits. The failure of the Town Treasurer to transmit the
record within the time allowed shall not prejudice the rights of the grievant. The court, on
motion of the grievant, may issue a writ of certiorari requiring the department head to
transmit the record on or before a certain date as provided in Section 15.2-1507 Code of
Virginia. The court may affirm the decision of the Town Manager or may reverse or modify
the decision.

The issue of grievability may occur at any step of the procedure prior to the panel hearing but
once raised must be resolved before further processing of the grievance. In any event, the
issue of grievability must be resolved prior to the panel hearing or it shall be deemed to have
been waived.

The classification of a complaint as non-grievable shall not be construed to restrict any


employees’ right to seek management’s right to provide customary administrative review of
complaints outside of the scope of the grievance procedure.

B. STEPS IN THE GRIEVANCE PROCEDURE:

Grievance steps: The following steps outline the time frames and responsibilities for
pursuing a grievance. These steps pertain only to complaints which qualify as being
grievable. See section A for definitions of grievable and non-grievable complaints.

1. Step 1 - Written: An employee who has a grievance may file a written grievance
within 20 calendar days of the occurrence with their immediate supervisor, with a
copy to the next level of supervision. This statement shall be the employee’s
explanation of what has occurred.

First Step Response: The employee’s immediate supervisor and next level of
supervision will then meet with the grievant within 5 working days of the receipt of
the written statement.

2. Step 2 – Final Management: If the grievance is not resolved within ten working days
after the completion of Step One, the grievance shall be heard by the Town Manager
within five working days upon receiving a written request from the grievant.

If the grievant chooses, he or she may also have appropriate witnesses and legal
counsel present with the same options available to represent management.

1-10.3
3. Step 3 – Final Procedure: The final step in the procedure is the panel hearing. If the
Town or the grievant requests, the chief administrative officer or designee must make
a decision within ten calendar days about grievability and access to the panel
procedure. The Town Attorney may decide on the question of grievability. The
grievant must be sent a copy of this ruling.

The ruling may be appealed to the Circuit Court for a hearing on the issue of whether
the grievant qualifies for a panel hearing. The grievant has ten calendar days to start
the proceedings for the review and the Town must provide within another ten
calendar days a copy of the decision, the notice of appeal, and the
exhibits. A copy of the evidence must be given to the grievant.

The Court hears the appeal within 30 days of receiving the records. The court may
receive additional evidence. The court may affirm the chief administrative
officer’s decision, may reverse it or may modify it. The court’s decision must
be made within 15 days of the end of the hearing and the decision cannot be
appealed.

Panel Members and Rules of Conduct: A panel is composed of one employee


selected by the grievant, one employee selected by the agency head and a third panel
member who is selected by the first two panel members. The chief judge of the
Circuit Court for the jurisdiction selects the third member in the event the first two
members cannot reach an agreement. Anyone with direct involvement with the
grievance, managers in the direct line of supervision of a grievant, persons living in
the same household as the grievant, relatives of participants in the proceedings, and
any attorney or associate with direct involvement with the subject matter cannot serve
on the panel.

Local government has the option of having administrative hearing officers in


employee termination or retaliation cases. The administrative hearing officer used in
these cases is appointed by the Executive Secretary of the Supreme Court and the
expenses of the hearing officer are borne by the local government.

Both the grievant and Town may call witnesses, cross examine witnesses, present
evidence, and be represented by counsel at the hearing.

The panel’s decision is final and binding and must be consistent with law and written
policy. The Town Manager decides whether the decision is consistent with written
policy (the Town Attorney decides if the Town Manager is personally involved in the
case). Either party may petition the Circuit Court for an order requiring
implementation of the panel decision.

The rules of conduct for panel procedures are:

a. Panels do not have the authority to make or alter policies or procedures

1-10.4
b. Panels can decide whether persons not having a direct interest in the hearing
can attend the hearing, although the hearing has to be private if either party
requests.

c. The Town has to give the panel copies of the grievance record before the
hearing, and the grievant, a list of documents given to the panel. In
addition, at least 10 days before the hearing, the grievant and his or her
attorney must have access to relevant files intended to be used in the
proceeding.

d. Panels have the authority to determine the admissibility of evidence without


regard to burden of proof or the order of presentation of evidence.

e. All evidence must be presented in the presence of the panel and the parties,
except by mutual consent.

f. Documents, exhibits, etc. must be exchanged between the parties, except by


mutual consent.

g. The majority decision of the panel is final.

h. The panel decision must be provided in writing by the chair to the Town within
15 working days following the presentation of evidence and arguments by the
grievant and Town.

C. COMPLIANCE WITH THE GRIEVANCE PROCEDURE:

1. In order to ensure the fair, equitable and consistent application of the Grievance
Procedure, all grievances , regardless of the complaint, issues, persons involved or
relief sought, must comply with the steps, documentation and time frames identified
in this policy. Compliance includes:

a. All stages of the grievance shall be in writing.

b. Beyond the first step, both the grievant and the respondent may call upon
appropriate witnesses and be represented by legal counsel or other persons as
provided in this procedure at the expense of the grievant. Grievant does not
pay for Town’s legal counsel.

c. Once an employee reduces his/her grievance to writing, he/she must specify


the specific relief he/she expects to obtain through the use of this procedure.
d. Failure by the grievant to comply with all substantial procedural requirements
of the Grievance Procedure without just cause will terminate the right to
further appeal.

1-10.5
e. Failure by the respondent to comply with all substantial procedural
requirements of the Grievance Procedure without just cause will, at the
option of the grievant, advance the grievant to the next step in the grievance
resolution process. Failure by the respondent, without just cause, to comply
all substantial procedural requirements on the final step of the
Grievance Procedure shall result in a decision in favor of the grievant.

f. In counting work days, holidays are excluded.

g. The grievant failure to process a grievance within the time limits specified
in the procedure terminates the grievance. However, all time periods listed in
this procedure may be extended by mutual agreement by the parties to the
agreement.

h. A grievance shared by a group begins at Step 2, using Step 1 time limits.

1-10.6
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: Off Duty/Extra Duty NUMBER: 1-11
Employment
EFFECTIVE DATE: 12/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
____________________________________
Chief of Police
VLEPSC STANDARDS:
PER.04.01, 04.02

NOTE:
This rule or regulation is for internal use only, and does not enlarge an
officer’s civil or criminal 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 this
department, and then only in a non-judicial administration setting.

INDEX WORDS:

Extra Duty Employment


Off-Duty Employment
Off-Duty Arrest

I. POLICY:

EXTRA-DUTY:

It shall be the policy of Lawrenceville Police Department to furnish, upon request,


police security services to citizens, citizen groups and businesses within the Town.

All requests will be directed to the Chief of Police or his designee for processing. All
decisions will be based on compatibility with the professional standards of the
department and to prevent a conflict with State Law and/or Town Ordinance.

1-11.1
No member of this Department shall arrange or engage in any police/security type
functions as a police officer of this Department without the approval of the Chief of
Police or his designee.

OFF-DUTY:

No personnel of this department shall accept off-duty employment without first


submitting an “Off Duty Employment Approval Form” (Attachment) and receiving
final approval from the Chief of Police.

II. PURPOSE:

The purpose of this policy is to set forth guidelines to govern extra-duty and off-duty
employment by all personnel of the department.

III. PROCEDURES:

EXTRA DUTY EMPLOYMENT

I. PROCEDURE/STATEMENT:

Any member of this department receiving a request for police officer(s) to work at a
specific function as Extra-Duty shall follow the below listed procedure without
exception:

Step 1: All requests will be directed to the Chief of Police or his designee.

Step 2: All requests will be reviewed and a decision made as to whether or not the
Department will participate.

II. SCHEDULING OFFICERS:

Upon reviewing and accepting the request for Extra Duty Service, the Chief of Police or
his designee shall post a work schedule sign-up sheet. The work schedule sign-up sheet
will contain the following information:

1 - Date of Event
2 - Time of Event
3 - Location
4 - Officer in charge of scheduling
5 - Hours available
6 - Number of Officers needed
7 - Special instructions as needed

1-11.2
Signing up for overtime will be on a first come first serve basis. Officers should check
their work schedule, court schedule, etc., prior to signing up.

Officer(s) must have successfully completed the Basic Academy and FTO program
before they will be allowed to sign up for extra duty.

The work schedule shall be posted in a designated area in the main office.

Should the Extra Duty vacancies not be filled 48 hours prior to the event, the Chief of
Police or his designee may use any means feasible to fill the positions.

III. PAYMENT:

A flat fee, to be set by the Chief of Police, will be paid directly to the officer at the end of
the event or by mail.

IV. DUTIES AND CONDUCT:

A. All Officers will work Extra Duty in uniform, unless approved otherwise by the
Chief of Police or his designee.

B. Officers will appear in full uniform with all approved equipment, to include full
duty belt. Officers in uniform shall meet the same appearance standards as
required for regular duty.

C. Officers will advise BCSO Communications of the Extra Duty and give location.
Upon arrival at the assignment the officer will mark 10-6 at the location. Upon
completion of assignment the officer will mark 10-8 and upon returning home,
clear from Extra Duty.

D. Officers shall have their portable radio with them and in the ON position to
monitor any emergency traffic.

E. Officers will only leave an Extra Duty post to respond to an Officer needs help
call, or at the request of the Supervisor.

F. Officers will adhere to the Rules of Conduct Regulations while working Extra
Duty assignments. Violations will result in administrative actions.

G. Officers will only perform typical police duties and will not serve as ticket takers,
doormen or any other non-police function.

Officers are expected to take appropriate police action in dealing with violations
of the law while working an extra duty assignment.

1-11.3
H. Any offense occurring at the event being worked will be handled by the on duty
officers, not the Extra Duty Officer, except for the extra duty officer's initiated
action. In which case, the extra duty officer will immediately come off the clock
from the event and will temporarily come up on duty with this agency. Once the
officer completes the arrest/incident he/she shall return to the extra duty post and
mark back off duty. At no time will the officer be paid for the event and agency
at the same time. Any exceptions to this may be determined by the supervisor.

I. When an officer signs up for Extra Duty, then cannot work the assignment, it is
his/her responsibility to find a replacement. With the exception of a true
emergency, any officer who has signed up for an assignment and does not work it
or secure a suitable replacement will be subject to administrative sanctions and or
disciplinary process.

J. When signing up for an Extra Duty Assignment, officers are to be on location of


the duty at the time which is indicated on the sign-up sheet. Starting and ending
times are NOT to be altered because of regular work schedules, conflicts with
court, etc. If officers cannot work the full time that is listed on the sign-up sheets,
then they should not sign up for the assignment. Exceptions may be made by the
company requesting the Extra Duty, i.e. coming in early, staying late, leaving
early due to officer not being needed etc. Any other exceptions must be approved
by the Chief of Police or his designee prior to signing up for the assignment.
Alteration of starting and ending times will be punished as outlined in subsection
(I.) above.

OFF-DUTY EMPLOYMENT

I. PROCEDURE/STATEMENT

Any personnel of this department desiring to engage in off-duty employment shall follow
the guidelines established in this policy.

II. CRITERIA FOR OFF-DUTY EMPLOYMENT

A. Employees may engage in off-duty employment that meets the following criteria:

1. Employment of a non-police nature in which vested police powers are not


a condition of employment, the work provides no real or implied law-
enforcement service to the employer and is not performed during assigned
hours of duty.

2. Employment that presents no potential conflict of interest between their


duties as a police officer or employee of the Lawrenceville Police
Department and their duties for their secondary employer.

1-11.4
Some examples of employment representing a conflict of interest are:
a. As a process server, repossessor, or bill collector, towing of
vehicles, or in any other employment in which police authority
might tend to be used to collect money or merchandise for private
purposes.

b. Personnel investigations for the private sector or any employment


which might require the police officer to have access to police
information, files, records or services as a condition of
employment.

c. In police uniform in the performance of tasks other than that of a


police nature.

d. Which assists (in any manner) the case preparation for the defense
in any criminal or civil action or proceeding.

e. For a business or labor group that is on strike.

f. In occupations that are regulated by, or that must be licensed


through the Police Department (i.e., taxi cab driver).

B. LIMITATIONS

1. In order to be eligible for off-duty employment, an employee must be in


good standing with the Department. Continued departmental approval of
an employee's off-duty employment is contingent on such good standing.

2. Those officers who have not completed the Basic Academy and FTO
Training, or who are on medical or other leave due to sickness, temporary
disability or an off-duty injury shall not be eligible to engage in Off-Duty
OR Extra-Duty employment.

3. Prior to obtaining off-duty employment, an employee must first a)


complete an "Off-Duty Employment Approval Form" and submit it to the
Chief of Police or his designee.

4. The combination of off-duty and extra-duty may not exceed 24 hours in


any given work week. Workweek for purpose of this policy is defined as
Monday thru Sunday. Any exceptions may be made by the Chief of Police
or his designee if an extra-duty assignment cannot otherwise be filled.

5. Work hours for all off-duty employment must be scheduled in a manner


that does not conflict or interfere with the employee's performance of
duty.
1-11.5
6. An employee engaged in any off-duty employment is subject to callback
in case of emergency, and may be expected to leave his off-duty or extra-
duty employment in such situations.

7. Permission for an employee to engage in outside employment may be


revoked where it is determined pursuant to departmental procedure that
such employment is not in the best interest of the department.

C. Employees currently employed in Off-Duty Employment prior to issuance of this


amended policy shall:

1. Within seven (7) working days of receipt of this policy submit an "Off-Duty
Employment Approval Form" as required in Section II-B.3 of Off-Duty in this
policy.

1-11.6
APPLICATION FOR OFF-DUTY EMPLOYMENT

Name of employee requesting off-duty employment_____________________________________


Effective date of employment _____________
Expiration of employment (indicate whether open-ended)_________________

Name of business or off-duty employer_____________________________

Address of business _______________________________________________

Telephone _______________ Contact person at business_______________

Type/Nature of business____________________________________________

Address and telephone number of employment sites if different from above:

1._______________________________________________________________
2._______________________________________________________________
3._______________________________________________________________

Description of duties ___________________________________________


_________________________________________________________________
_________________________________________________________________

Number of hours worked by employee ________________________

Day: _____________________ Week: _________________________

Employee Signature: _____________________________________


Date of application: _________________

Contract or memorandum of understanding Y______ N______

Approved: ______________ Disapproved: _____________

__________________________________ ___________________________
Chief of Police Date

1-11.7
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: NUMBER: 1-12
TRAINING and PROMOTIONS
EFFECTIVE DATE: 12/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
PER.1-12 (1/03); PER.1-12.1 (12/04) _____________________________________
Chief of Police
VLEPSC STANDARDS: PER.03.03(e),
05.01-05.04, 07.01, TRN.02.01-02.03, 03.01,
03.02, 04.01

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

In-service training
Instructors
Lesson plans
Promotion
Training

I. POLICY:

The department encourages employees to seek opportunities to develop their


knowledge, skills, and abilities. Although all officers must attend a basic academy and
periodic in-service training, the department nevertheless tries to arrange participation in
specialized or advanced training. Further, although in a small department promotion
opportunities are rare, the department promotion process is fair and equitable.

1-12.1
Training has often been cited as one of the most important responsibilities in any law
enforcement agency. Training serves three broad purposes.

A. Well-trained officers are generally better prepared to act decisively and correctly in
a broad spectrum of situations.

B. Training results in greater productivity and effectiveness.

C. Training fosters cooperation and unity of purpose.

The department recognizes the importance of training and is committed to providing the
best training available to all personnel.

II. PURPOSE:

The purpose of this regulation is to establish guidelines for career development of


employees to include training and promotions.

III. PROCEDURES:

A. Promotions

1. When a promotional vacancy exists, the Chief of Police shall be responsible


for administering the promotion process.

2. The chief shall post an advertisement of the position for two weeks.
Eligibility requirements are established in the position descriptions (see
appendix to RR 1-3). During that time, officers may request--either orally
or in writing--consideration for the advertised position. The department may
also solicit applications from outside sources.

B. Elements of the Promotion Process:

1. The first component of a promotional process consists of a writing exercise.


This writing exercise will consist of three essay questions that measure the
candidate’s ability to communicate in writing on issues of leadership,
department mission, and in response to a hypothetical scenario.

2. The second component involves an oral examination before an independent


law enforcement panel. The panel shall consist of three members of the
rank equal to the one being sought, or above.

1-12.2
4. The third component of the evaluation includes law enforcement training the
applicants have completed and educational efforts for continuing
development. Additional value is attached to those who are actively seeking
relevant degrees and those who have completed degree programs.

5. The fourth and final component involves a more qualitative perspective. It


is their actual performance as a Lawrenceville Police Officer. It is based on
the belief that the best predicator of future performance, is past performance.
The process looks at four areas:

a. Interpretation and implementation of policy

b. Interaction and problem solving abilities with


the citizenry and colleagues

c. Initiative

d. Quality of work

All elements of the promotional process are job related. Each candidate will be ranked in
each of the four elements from 1-5 with the lowest scores as having the distinction as best
candidate for the position.

C. Newly Promoted Employee / Functional Reassigned Employee:

1. The newly promoted and the functional reassigned employee shall be placed
on twelve month probation period.

2. Skill development will be provided to the reassigned employee.

3. The newly promoted employee will receive skill development upon


promotion which will include, but is not limited to:

a. Training in management techniques;

b. General counseling techniques.

D. Training

Members of the Lawrenceville Police Department receive training by attending the


Basic Police Academy as well as in-service training and by attending special schools
that are held on different job related subjects throughout the Commonwealth of

1-12.3
Virginia.
1. Training Records

a. The Chief of Police shall oversee the maintenance of a training


record, in each personnel folder, for all job related training, in-house
or not, which will include:

(1) Date of training and hours of attendance;

(2) Identification of trainers or agencies presenting the course;

(3) Type of training received;

(4) Any certificate received;

(5) Performance of individual attained as measured by tests, if


administered, or competency.

(6) Names of all agency personnel receiving the training.

b. The Chief of Police will oversee the maintenance of an annual


inventory of the skills, knowledge and abilities of each employee of
which the above (training record information) will be added.

2. In-Service Training:

All sworn personnel of the department, will biennially, as required by law,


attend 40 hours of in-service training. Such instruction may include:

a. Classes required at the direction of the Chief of Police or regional


training academy, such as:

(1) Supervisory and management training,

(2) Policy and procedure training,

(3) Any other training as deemed necessary.

b. Firearms training and qualifications.

c. Voluntary and required training.

1-12.4
3. Specialized In-Service Training:

Officers performing in a type of function which requires specialized training


will be trained so that they can develop or enhance the skills, knowledge and
abilities in that particular function. The training may come through courses
offered in different locations of the state or country or through supervised
on-the-job training.

a. The Chief of Police or his designee will review the written requests
for training from officers. A needs assessment and a check of the
availability of training will be conducted.

b. If the Chief of Police sees the need for additional or different


training needs, based on performance evaluations, promotions, or
Career Development, the chief may make training changes.

c. The following is a list of some of the departmental functions that


require specialized training:

(1) Supervisor skills,

(2) Management,

(3) Administration

(4) Investigative skills

(5) Field Training Officer

(6) Radar operator

(7) Intoxilyzer operator

(8) Certified DCJS Instructor

(9) NCIC/VCIN Certified

(10) Support services of the above functions

Employees who attend specialized training shall compile an evaluation of


the course following completion. The evaluation must include
recommendations for inclusion in department policy and/or

1-12.5
procedure and a statement as to the overall benefit of the training to the
agency.

4. In-house Training:
a. Any training in-house will be required by all personnel or assigned
to particular officers as needed.

b. In-house training will be assigned for new policy review, needed


training, changes in procedures or any other reason deemed
necessary by the Chief of Police.

F. Training Programs:

1. Attendance

Members of the department are expected to attend any assigned training


programs. Attendance will be documented either by the instructor or in
cases where the training is at location other than the department,
documentation will be furnished by those responsible for the training. There
are cases where attendance at a training program may be excused, i.e., for
court appearance or illness. Any absence must be properly excused by the
administrators of the program attended and must comply with directives
under which the training program is operated. The time lost must be made
up before any certificate of completion is issued. Certificates will be issued
to those students who complete any training program. Employees shall
provide a copy of the certification to the chief for inclusion in the
employee's personnel file.

2. Expenses

With the exception of paper and pencils or pens, all expenses incurred by
department personnel as a result of required training will be reimbursed
based on actual expense (receipts must be provided) or in the case of
mileage where personnel are required to use their personal vehicles, mileage
will be reimbursed at the current allowable IRS rate.

3. Performance-based training

The Department of Criminal Justice Services requires performance-based


basic training. This method of training, used for all training, requires the

1-12.6
development of performance objectives. An employee who develops an
outline for instruction of a topic must develop objectives which:

a. Focus on the elements of the job-task analysis for which training is


needed.

b. Provide clear statements of what is to be learned.

c. Provide the basis for evaluating the participants.

d. Provide the basis for evaluating the effectiveness of the training


program.

The use of performance objectives acquaints the training participants with


the information they are required to know, the skill that must be
demonstrated, and the circumstances under which the skills will be used.
This approach also enables the instructors to relate training directly to the
job performance that will be expected by supervisors.

4. Lesson plans

a. Lesson plans are required for all training courses conducted or


sponsored by the department. It is the responsibility of the
individual instructor, whether a member of the department or not, to
provide the Chief of Police or his designee with a copy of the lesson
plan for approval before each class.

b. The lesson plan should include a statement of performance


objectives, the content of the training, specification of the
appropriate instructional techniques, references, relationships to the
job tasks, responsibilities of the participants for the material taught,
and plans for evaluation of the participants. The instructional
techniques that might be used include:

(1) Conferences (debate, discussion groups, panels and


seminars);

(2) Field experiences (field trips, interviews, operational


experiences and operational observations);

(3) Presentations (lectures, lecture-discussion, lecture-


demonstration);

1-12.7
(4) Problem investigations (committee inquiry, critical
incidents);

(4) Simulations (case study, simulation, games and role-play).

5. Instructors

a. Instructors for all department training programs shall:

(1) Have a minimum of 2 years law enforcement experience; or

(2) Have completed an instructor's course and be certified as a


instructor; or

(3) Possess a demonstrated skill in area of instruction; or

(4) Be knowledgeable of teaching theories, methods, and


practices and have some knowledge of law enforcement
practices.

(5) Instructors enlisted from outside the department will be


selected by the chief. The instructor must have demonstrated
skill in his/her area of instruction and comply with
requirements for lesson plans as previously stated. Any
compensation will be determined by the Chief of Police.

b. Before being allowed to instruct any state-mandated courses at the


department, instructors will receive, at a minimum, training in the
following subjects:

(1) Lesson plan development;

(2) Development of performance objectives;

(3) Instructional techniques;

(4) Learning theory;

(5) Testing and evaluation techniques;

1-12.8
(6) Resources.

c. Normally, officers selected and trained as instructors in a particular


subject will be expected to teach it when needed for a minimum of
two years.

6. Civilian personnel

The chief shall determine what pre-service and in-service training is


required, in accordance with state guidelines. The Chief’s designee shall be
responsible for the planning, conducting and/or documenting of all training
required for newly appointed employees. All newly appointed civilian
personnel will receive the following training from the chief or his designee:

a. Orientation to the department's role, purpose, goals, policies, and


procedures;

b. Working conditions, rules, and regulations; and

c. Responsibilities and rights of employees.

8. Advanced education

Employees may seek additional higher education to complement career


goals. Expenses incurred may be reimbursable under the Town of
Lawrenceville Employee Personnel Handbook.

In this section of the Town manual it reads:

a. The Town encourages all employees to seek training and further their
education in order to advance their position with the Town. The
employee shall reimburse the Town of Lawrenceville for all training
costs, including travel, lodging and meals that exceed $250 if the
employee does not continue their employment with the Town for at
least one year after completion of the training.

b. An employee needs the department heads approval prior to enrolling in


the class.

c. On a case by case basis, the Town Manger may authorize the


reimbursement of additional expenses, such as tuition, for educational or
training which the town needs or requires an employee to obtain. Every

1-12.9
employee who receives tuition reimbursement is obligated to sign an
agreement, committing to continued town employment for a period of
time no less than the length of the assistance received, upon completion
of the course work or degree.

1-12.10
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: MEDIA RELATIONS NUMBER: 1-13
EFFECTIVE DATE: 12/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.1-13 (9/03) ________ _______________________
Chief of Police
VLEPSC STANDARDS: ADM.22.01, 22.02

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Information (releasable, non releasable)


Juvenile information
Media relations

I. POLICY:

One of the first and most fundamental considerations of the nation's founders in
drafting the Bill of Rights was to provide for a free press as an essential element of the First
Amendment to the Constitution. They recognized that a well-informed citizenry is vital to
the effective functioning of a democracy. Police operations profoundly affect the public
and therefore, arouse substantial public interest. The department shall make every
reasonable effort to serve the needs of the media in informing the public about crime and
other police matters. This shall be done with an attitude of openness and frankness
whenever possible. The media shall have access to personnel who are best informed about
the subject of a press inquiry. Further, journalists or reporters shall be told whatever will
not infringe on a person's right to a fair trial, impede a criminal investigation, imperil a
human life, or seriously endanger the security of the people.

1-13.1
In all other matters dealing with the media on current news, every member of the
department shall make every reasonable effort consistent with accomplishing the police task
in providing the media representatives with full and accurate material.

II. PURPOSE:

The purpose of this order is to provide guidelines about information which may be
released to media representatives, to specify some types of information which may not be
released, to identify who may release information, and to establish procedures for media
relationships with the department.

III. PROCEDURES:

A. General:

1. The department is committed to informing the community and the news


media of events within the public domain that are handled by or involve the
department.

2. The public information function includes:

a. Assisting news personnel in covering routine news stories, and at the


scenes of incidents.

b. Responding to news media inquiries, in person or by other electronic


means.

c. Preparing and distributing news releases.

d. Arranging for news conferences, as required or requested.

e. Releasing information about victims, witnesses, and suspects as


allowed by law.

f. Coordinating and authorizing release of information concerning


confidential departmental investigations and operations.

3. All employees of the department have individual responsibilities concerning


the release of information.

4. The Chief of Police will function as the primary contact for information
dissemination to the media. A designee may be authorized by the Chief of
Police to release information to the media.

1-13.2
5. Inquiries concerning departmental policies, procedures, practices or
relationships with other criminal justice agencies will be referred to the
Chief of Police. Similarly, the Chief of Police will coordinate all responses
to inquiries or release of information pertaining to department involvement
with other public service agencies (e.g., fire department, medical examiner,
Commonwealth's Attorney, Virginia State Police, DEA, etc.).

6. The Chief of Police shall coordinate responses to inquiries and release of


information concerning confidential departmental investigations and
operations.

B. Information may be released as follows:

1. The investigating officer or supervisor at the scene will respond to media


requests and serve as the media contact. When practical, the media contact
will notify the Chief of Police or his designee prior to the release of
information.

2. In the case of follow-up investigation, the officer or investigator conducting


the follow-up shall provide information to the media as requested by the
Chief of Police.

C. Information not releasable: The following information will not be released due to
6th Amendment, statutory, or other restrictions:

1. The identity of victims of sex related crimes.

2. The identity of any subject for whom a warrant or summons has not been
issued, or indictment returned.

3. The existence of any criminal record or any information concerning the


character or reputation of the accused or remarks which tend to establish the
defendant as a "professional" criminal.

4. The existence or contents of any confession, admission or statement of the


accused.

5. The performance of any examination or test conducted on the accused or the


refusal or failure to submit to an examination or test.

6. The identity of actual or prospective witnesses to crimes, other than the


victim as mentioned above, or comments on the expected testimony or
credibility of any witness.

1-13.3
7. Any opinions as to the innocence or guilt of the accused, the merits of the
case, the possibility of any pleas or negotiations or the value of any
evidence.

8. The identity of any juvenile arrested who has not been certified by the
Circuit Court as an adult. Pursuant to Section 16.1-233 Code of Virginia,
the release of juvenile identity information is permissible when the crime is
a Class 3 felony or above and the perpetrator is 14 years of age or older.
Consultation with the Commonwealth Attorney should be exercised.

9. The names of deceased before the notification of next of kin.

10. Comments which suggest that a defendant has aided in the investigation.

11. Information concerning the planning of raids or other specialized


enforcement efforts.

D. Release of information pertaining to juveniles:

1. Criminal Offense - Normally, juvenile name, address, or other distinctly


unique information which would serve to identify a juvenile SHALL NOT
be released. Age, sex, place of residence and details of the offense MAY be
released. Under certain circumstances, a judge may authorize release of
identity information.

2. Traffic infractions, except for those listed below, which are classified as
misdemeanors - Any information including name, address, etc., is fully
releasable.

3. Accidents - If traffic charges are or may be placed as a result of an accident


investigation, juvenile identity information will be withheld.

4. There are eight traffic offenses for which court appearance is mandatory,
which cannot be prepaid, and which will be used as the basic definition for a
traffic/accident "misdemeanor." These eight ARE NOT considered
infractions and juvenile identity information SHALL NOT be released.
Offenses include:

a. Indictable offenses

b. Infractions resulting in an accident. (If the juvenile is charged with


any violation in an accident, juvenile identity information is NOT
releasable. If a juvenile is involved in an accident, but is not charged
with any violation, identity information is releasable.)

1-13.4
c. DUI or permitting another who is DUI to operate vehicle owned by
accused.

d. Exceeding speed limit by 20 or more miles per hour.

e. Reckless driving

f. Driving under suspension or revocation of driver's license.

g. Leaving the scene of an accident.

h. Driving without being licensed.

E. Crime or incident information release: Crime or incident information to be released


upon media request includes:

1. The type of event or crime and when and where it occurred, to include a
brief synopsis of known facts concerning the incident.

2. The identity of the victim or the name of the person who reported the crime.
If the victim or complainant requests that his or her name not be used in the
media, this request will be given to the media.

NOTE: The department will be reluctant to release names of children,


sexual assault victims, or victims of domestic violence. In some cases, no
legal bar exists to releasing such information, but rather the news media
have policies forbidding the printing of such information. The release of
victim information is an evolving area of law: in these instances the
department will seek legal advice on what constitutes information
appropriate for release.

3. Information concerning property loss, physical injuries or death (after


notification of next of kin).

4. Information concerning the type of investigation and length of investigation.

5. Information concerning the existence of suspects.

6. If a warrant has been executed then the name, address, description of that
person will be released. If a warrant has been issued but not executed, and
the officer anticipates that the public may provide information to assist in
locating the person, this information may be released.

1-13.5
F. Release of individual arrest information: After the arrest of a person other than a
juvenile, the following may be released upon media request:

1. Arrestee's name, age, residence and other factual background information.

2. The nature of the charge upon which the arrest is made.

3. The identity of the investigative agency of the police department and any
assisting agencies.

4. The circumstances surrounding the arrest, including the place of arrest and
arresting officer names may be released upon request.

5. Custody status.

6. The dates of various hearings.

7. Photographs of the defendants without the police identification data may be


furnished, if readily available in current files.

G. Names of police officers:

Names of officers providing information to the media may be given to the media
and published, unless the officer(s) involved is/are on an undercover assignment.
Addresses and telephone numbers of police personnel shall not be released.

H. Media contacts/procedures:

1. Normally media representatives either visit the department in person or call


seeking information about newsworthy items. Routinely, they shall be
referred to the Chief of Police or his designee.

2. Normally, media representatives will not read the offense reports since non-
releasable information may be on the report (e.g., suspect information).
Offense reports and accident reports shall be carefully checked concerning
involvement of juveniles before releasing information.

3. At scenes of major fires, natural disasters, or other catastrophic events, or at


crime scenes, officers may establish perimeters and control access. Any
such limitations shall be clearly explained to media representatives
preferably in meetings with them before any emergencies, by sending
editors and managers copies of this policy.

4. News media representatives should not interfere with law enforcement

1-13.6
operations at the scene of an incident. As soon as possible, however, media
representatives shall be assisted in gaining access to the scene when it will
not interfere with the law enforcement mission.

5. Officers may deny access for legitimate investigative or safety reasons;


additionally, they may not authorize the press to trespass on private property.

6. The media representative is responsible for obtaining any permission


necessary once the legitimate law enforcement mission allows access to the
scene on private property.

1-13.7
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: COMMUNITY RIDE-ALONG NUMBER: 1-14
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
OPR.1-14 (11/03) ___________________________________
Chief of Police
VLEPSC STANDARDS:

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil or
criminal 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 this department, and then
only in a non-judicial administrative setting.

INDEX WORDS:

Citizen observer
Ride-along

I. POLICY:

The observer program allows citizens to voluntarily accompany officers and to observe law
enforcement activities to better understand the issues related to policing. The observer may request
to ride in any area at any time or with a particular officer. If convenient to the department and
conditions permit, permission may be granted. Safety of non-police personnel shall be the primary
concern.

II. PURPOSE:

The purpose of this regulation is to establish procedures for the Ride-Along Program.

III. PROCEDURES:

A. Ride-Along Request:

1. Persons wishing to ride with an officer shall pick up Ride-Along forms at the police
department office in person between the hours of 9:00 a.m. and 5:00 p.m. daily.

1-14.1
Completed request forms and waivers must be returned at least 48 hours before the
desired Ride-Along date. The forms referred to herein are found at the end of this
order.

2. The Chief of Police shall grant permission for citizens to ride with police officers.
The chief may perform a records check on any applicant for Ride-Along.

B. Limitations:

1. A person shall not ride unless approval has been granted and the Chief has the
properly-completed waiver. Approval will be for one specific twelve-hour period
unless special limitations or extensions are granted by the Chief of Police.

2. Police spouses may participate in the Ride-Along Program. When both husband
and wife agree, and the Chief of Police approves, the spouse may accompany
husband/wife for a limited period of time.

3. No more than one observer shall accompany an officer at a time.

4. Juveniles must be 16 years of age or older to ride and must have request and waiver
forms signed by parent or guardian.

5. No one shall be allowed to observe police activities relating to raids or ride with
plain clothes units without specific advance coordination and approval of the Chief
of Police.

C. Beginning tour:

1. If no specific officer is requested by name by the observer, the on-duty supervisor


will appoint the host officer.

2. Before the ride, the on-duty supervisor will provide an observer's comment form to
the observer and ask that the form be completed and turned in at the end of the ride.
The host officer will be provided an officer's Ride-Along report and will complete
and turn in the form at the end of the ride.

3. The observer should be appropriately dressed in business casual; if not, Ride-Along


approval may be canceled by the on-duty supervisor.

4. The host officer shall instruct the observer on the following procedures:

a. Observer must follow directions of the officer.

b. Observer may be required to appear as witness in court.

c. Observer may end the ride whenever he or she wishes.

D. Observer conduct:

1-14.2
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 police equipment, or
participating in any police activity unless directed to do so by the assigned officer.

E. Arrests, transporting, booking:

If the host officer feels there are no hazards involved, 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 point of
origin.

F. Ending tour:

Upon completion of the ride, the officer will return the observer to the department and
thank him (or her) for his (or her) interest. The officer will ask the observer to complete the
observer's comment form. Completed observer forms will be forwarded to the Chief of
Police for review, and then filed.

G. Prohibited activities:

At no time shall an officer, while accompanied by an observer, engage in emergency or


pursuit driving, respond to a crime-in-progress reportedly involving violence, or perform a
felony vehicle stop. If officers must perform such activities, they must deposit observers at
a safe location.

1-14.3
CITIZEN RIDE-ALONG/INTERNSHIP REQUEST

To Whom It May Concern:

I would like to participate in the _____________________________________,

for the following reason:__________________________________________________

______________________________________________________________________

_____________________________________________________________________.

I have read and signed the release form and I understand the provisions and authorize the
Department to conduct a background check as may be deemed appropriate.

NAME_________________________ DATE OF BIRTH:____________ SSN: _______________

ADDRESS:__________________________________________________________

TELEPHONE #:__________________ BEST TIME/DAY TO CONTACT:___________

______________________________ ___________________________________
DATE SIGNED

_____________________________________
PARENT/GUARDIAN (if a juvenile)

THREE REFERENCES (Include name and phone number):

REQUEST IS APPROVED: _________ DISAPPROVED:________

AUTHORIZING SIGNATURE: ______________________________________

1-14.4
RELEASE AND WAIVER

KNOW ALL MEN BY THESE PRESENT, that I _______________________________ (Print),


on my own behalf and on behalf of my heirs, next of kin, executors, administrators, estate, agents and
assigns, and representatives of any nature whatsoever, for and in consideration of the authorization and
permission to accompany officers or any officer of the department during the course of their or his duties,
which has been granted to me at my voluntary request, after having been fully advised of the potential
hazards of such activity or activities, do hereby WAIVE AND RELEASE all demands, damages, actions,
causes of action, suits and claims of any nature whatsoever, whether in law or in equity, that I or my heirs,
next of kin, executors, administrators, estate, agents and assigns, and representatives of any nature
whatsoever might otherwise have against the town, the police department, and each and every officer,
official, member, employee, agent and attorney thereof and therefore, and his or her heirs, next of kin,
executors, administrators, and estate, on account of my death or injuries, both to person and to property,
whether foreseeable or not, which may occur, directly or indirectly, or develop at anytime in the future as a
result of my activities or association with the police department, whether in a police vehicle, in the police
station, or otherwise in association with the police department and officers and officials thereof in any
manner whatsoever.

It is expressly agreed and understood that this WAIVER AND RELEASE shall apply for the
express purpose of precluding forever all claims, suits, demands, damages, and causes of action that I or my
heirs, next of kin, executors, administrators, estate, agents and assigns and representatives of any nature
whatsoever might otherwise assert against any of the aforesaid parties as a result of my association and
activities with the police department during:_________________________________________________.

I hereby declare that the terms of this WAIVER AND RELEASE have been fully read and
understood by me, and freely and voluntarily entered into and accepted by me, and I hereby acknowledge
receipt of a copy of this agreement.

In further consideration of the aforesaid authorization and permission granted to me to accompany


an officer or officers of the police department at my own request, I hereby promise and agree to fully
comply with all instructions given to me for the purpose of protecting my personal safety and that of my
property.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this _________ day of
__________________, 20______.
_______________________________________ (signature)

This waiver must be approved by the Chief of Police:__________________________________ (signature)

__________________________________________ ______________________________ (WITNESS)


Parent/Guardian (If Signee Is a Juvenile)

1-14.5
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: LIABILITY PROTECTION NUMBER: 1-15
EFFECTIVE DATE: 12/16/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
PER.1-15 (11/03) ___________________________________
Chief of Police
VLEPSC STANDARDS: PER.03.03(d)

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Civil rights violations


Liability protection

I. POLICY:

The department has a liability protection program which will protect employees for
actions or omissions directly related to their law enforcement function. Within stated policy
limits, this program protects employees from acts or omissions leading to personal injury or
death and/or property destruction which, in turn, could lead to civil action against the
employee.

II. PURPOSE:

The purpose of this regulation is to set forth procedures relating to the police
liability protection program.

1-15.1
III. PROCEDURES:

A. General:

The Town maintains a liability program to protect police department employees for
acts or omissions directly related to their law enforcement function. Liability
protection is provided in a variety of ways, typically including officers' liability
coverage, vehicle liability coverage, and self-insurance. Since the exact components
of the liability protection program are subject to periodic change through contract
expiration and re-negotiation, any employee desiring to know the specific
components then in effect may contact the Chief of Police.

B. Employees covered:

All officers and full and part-time civilian employees of the department are covered
by the liability protection program.

C. Notification of suit or claims:

Any employee who receives notice in any form of actual or impending legal suit or
claim, shall, as rapidly as possible, explain the circumstances through command
channels to the Chief of Police. The Chief of Police, shall, in turn, provide
appropriate notification to both the Town Manager and the Town Attorney.

D. Financial liability:

No employee shall imply or accept financial liability for loss or damage or behalf of
the town. Any inquiries concerning financial liability will be referred to the Town
Attorney.

E. Acts not covered:

1. An act committed by an employee, or an omission of duty, which constitutes


gross and willful negligence may not be covered by the department.

2. Officers are expected to display discretion and good judgment in their work.
Some duties are mandated by law, others by custom or tradition. Liability
may arise in either case. The department cannot avoid lawsuits; the
department can control its liability by demanding strict adherence to the
provisions of this manual.

3. Officers are reminded that much litigation against them or the department
will focus on the degree to which officers followed a policy or custom
(defined as "a persistent, widespread practice") which, in itself, was either

1-15.2
unconstitutional, illegal, or the cause of an unjustifiable injury. If such a
custom or policy is found by the court, the department may be held liable.

4. Officers may be held liable for misconduct in any of five ways:

a. Violation of Virginia criminal law;

b. Violation of departmental orders;

c. Tort against a citizen;

d. Violation of federal criminal civil rights statutes, 18 U.S.C. Sections


241 and 242.

e. Violation of federal civil rights law, 42 U.S.C. Section 1983.

5. Civil rights

a. Because of the prevalence of civil rights litigation against police


officers in federal courts, employees are hereby instructed in the
content of 42 U.S.C. Section 1983. An officer is a person acting
under color of law. An officer may be held personally liable for
violating citizen's constitutional rights.

b. 42 U.S.C. Section 1983 reads:

"Every person who, under color of any statute, ordinance, regulation,


custom, or usage, of any State or Territory, or the District of
Columbia, subjects, or causes to be subjected, any citizen of the
United States or other persons within the jurisdiction thereof to the
deprivation of any rights, privileges or immunities secured by the
Constitution and laws, shall be liable to the party injured on an
action at law, suit in equity, or other proper proceeding for redress,
except that in any action brought against a judicial officer for an act
or omission taken in such officer's judicial capacity, injunctive relief
shall not be granted unless a declaratory decree was violated or
declaratory relief was unavailable. For the purposes of this section,
any Act of Congress applicable exclusively to the District of
Columbia shall be considered to be a statute of the District of
Columbia.

c. Officers are further reminded that the respondeat superior concept


does not apply to police departments. This principle provides that
"the master is responsible for the acts of the servant." Generally,

1-15.3
officers, and not their supervisors, are liable for their own
misconduct. Again, questions about precisely what actions or
behavior are indemnified by the town must be directed to the Chief
of Police.

F. Immunity:

In court, officers do not automatically receive immunity from lawsuits simply


because officers act in good faith. Supreme Court rulings allow officers to claim
qualified immunity when their actions do "not violate clearly established statutory or
constitutional rights of which a reasonable person would have known" (Harlow v.
Fitzgerald). To afford themselves the defense of qualified immunity, officers
should learn as much as they can about established constitutional principles. In
short, officers must have an objectively reasonable belief in the constitutionality of
their actions.

1-15.4
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: RELATIONSHIPS NUMBER: 1-16
WITH OTHER AGENCIES
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.1-16 (1/04) _____________________________________
Chief of Police
VLEPSC STANDARDS: ADM.14.01,14.02

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Agencies

I. POLICY:

Establishing and maintaining effective liaison and open channels of communication between the
department neighboring law enforcement departments, emergency services agencies, and criminal
justice and referral agencies are essential first steps in improving cooperation. Good liaison can
break down barriers that may exist and can result in savings and improved and more efficient and
effective law enforcement operations.

II. PURPOSE:

To establish procedures and responsibilities for liaison and maintaining communication between
the police department, neighboring law enforcement agencies, and other criminal justice or social
service agencies, both public and private.

1-16.1
III. PROCEDURES:

A. Relationships with other criminal justice agencies:

1. It is the responsibility of all department personnel to maintain harmonious working


relations and communication with the commonwealth's attorney; public defender;
District, Juvenile and Domestic Relations, and Circuit Courts; respective clerk's
officers; the local probation and parole officers; jail; juvenile detention home; and
any other criminal justice agencies. The department shall normally provide all
possible information, assistance, and support to these agencies allowed by law.

a. Any serious policy or procedural problems or differences with another


agency or its personnel shall be brought to the attention of the Chief of
Police who will meet with appropriate personnel of these agencies in order
to resolve the problems.

b. During any investigation, questions of law or criminal procedure will be


addressed to the Commonwealth's Attorney’s Office. Questions on law
enforcement procedure will be addressed to a supervisor or the Chief of
Police.

2. All employees of the department shall assist and cooperate with all federal, state
and local law enforcement agencies in every way possible allowed by law.

B. Relationships with emergency services agencies:

1. Department personnel will make every effort to maintain effective


and professional relationships with area emergency services agencies, such as the
Lawrenceville Volunteer Fire Department and Brunswick Vol. Rescue Squad.

2. Officers should respond with fire and rescue units in town to assist them as
needed.

C. Referrals:

Officers of the department often encounter citizens, either adult or juvenile, who need
specialized help that the department cannot provide, i.e., marriage counseling, mental
health counseling, welfare assistance, assistance in handling civil matters. When, in the
best judgment of an officer, this situation arises, he or she shall refer the citizen to the
most qualified agency to deal with the problem, or consult his/her supervisor.

1-16.2
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: JURISDICTION; NUMBER: 1-17
MUTUAL AID
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.1-17 (1/04) __________________________________
Chief of Police
VLEPSC STANDARDS: ADM.13.01

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Jurisdiction
Mutual aid

I. POLICY:

On occasion the need arises to request assistance from or provide assistance to a


neighboring law enforcement agency. This need usually results from an emergency such as
a civil disorder, fire, flood, or other disaster. Before the need arises, agencies must clarify
and plan emergency procedures. Available state support systems shall be appropriately used
in support of our law enforcement operations.

II. PURPOSE:

To establish procedures, duties and responsibilities for providing assistance to, or


requesting assistance from another law enforcement agency and to provide for use of
statewide law enforcement support systems.

1-17.1
III. PROCEDURE:

A. Jurisdiction:

1. Generally, the legal jurisdiction of the police department stops at the town
limits, as defined by charter, and Virginia Code. However, Code of Virginia
Section 19.2-250, in criminal cases involving offenses against the
commonwealth, extends jurisdiction one mile beyond the corporate limit of
the town. This authority may be used for such circumstances as:

a. Assisting neighboring law enforcement agencies or the Virginia


State Police in handling emergency calls at times when they are
unable to respond immediately.

b. When a felony or serious misdemeanor crime-in-progress is


observed by an officer occurring within the one mile zone.

2. Whenever a person in the custody of an officer shall escape or whenever a


person shall flee from an officer attempting to arrest him, such officer, with
or without warrant, may pursue such person anywhere in the state and, when
actually in close pursuit, may arrest him whenever he is found (Code Section
19.2-77). No officer of the department shall leave the town in a pursuit or
chase without informing the dispatcher. Mutual aid shall be requested from
other law enforcement agencies as appropriate. On-duty supervisors shall
closely monitor all pursuits and will terminate them as circumstances dictate.

B. Mutual Aid:

1. Mutual aid is provided for in law by Virginia Code Sections 15.2-1724,


1727 and 15.2-1730. For the purpose of this general order, mutual aid is
defined as the short term assistance given or asked for between the
department and neighboring law enforcement agencies during emergencies
such as civil disorders, fires, floods, or other public disasters. Typical law
enforcement services required or provided may include mass processing of
arrestees, transporting prisoners, and operating temporary detention
facilities.

2. Mutual aid may be requested from or provided to another law enforcement


agency by the department at the discretion of the on-duty supervisor; officers
must remember, however, that they are responsible for providing law
enforcement service to our jurisdiction. Normally, outside agency personnel
will be used to assist in a show of force, traffic control, mass processing of
prisoners, prisoner transportation, and operating temporary detention
facilities. There are generally three levels of mutual aid assistance as

1-17.2
follows:

a. Short duration, approximately 30 minutes or less, where an


additional show of force or traffic control or assistance with prisoner
transportation is required.

b. Medium duration, one to four hours, where the senior officer on duty
may request assistance from the neighboring law enforcement
agencies and the State Police; however, their role should normally be
in a showing of force, transporting prisoners or traffic control.

c. Long duration, more than four hours, full scale assistance required.
The on-duty supervisor shall immediately notify the Chief of Police
who will assist in coordinating additional aid as required.

3. Any long-term support between the police department and neighboring


police agencies shall be coordinated in advance by department heads.
Coordination shall be accomplished by written agreement incorporating the
following:

a. Identification of the provider agency and its personnel, i.e., life,


health, and liability insurance. Both agencies must understand that
one agency's liability insurance will not release an officer's
department from liability if the officer's action is negligent. Both
agencies may be liable.

b. List of resources to be shared.

c. Estimate of amount of aid available.

d. Payment for certain expenses, e.g., meals, lodging, gas, overtime


pay.

4. Occasionally it is necessary to request assistance from a federal law


enforcement agency, such as the FBI, when a bank robbery or a major crime
has been committed (e.g., murder and kidnapping) and it is believed that the
perpetrator of the crime has left the state. The Chief of Police will decide
whether or not to request federal assistance.

5. If the department with the help of neighboring police agencies and the State
Police is unable to cope with an emergency such as a riot or civil
disturbance, the chief may call upon the National Guard for assistance. In
this event, the procedures as written in the memorandum, "Subject: Revised
Procedures To Be Followed In The Event State Assistance Is Required In

1-17.3
Connection With Civil Disturbances," Office of the Governor, dated June 7,
1982, will be followed.

C. Statewide law enforcement support:

1. The Statewide Interdepartmental Radio System (SIRS) is monitored by


Brunswick County Sheriff’s Office communications center. Any pertinent
information is relayed to department personnel.

2. The department participates in the use of the Central Criminal Records


Exchange (CCRE) and complies with the procedures for the use of this
exchange. In addition, the department participates in the Uniform Crime
Reporting system of the Commonwealth of Virginia and the Federal Bureau
of Investigation.

3. Certain state-owned law enforcement resources may be made available to


the department for special use. These resources, and the state agency to
contact, include:

a. Canine teams - Virginia State Police and BCSO Canine teams, if


requested, shall be used with great caution when deploying teams in
heavily populated or congested areas. Handlers are responsible for
compliance with their own agency policies, procedures, and
restrictions.

b. Helicopter or fixed-wing aircraft - Virginia State Police and Virginia


Army National Guard, R.A.I.D. Normally requested in advance by
the Chief of Police from the superintendent. May be available on
emergency basis through the Virginia State Police.

c. Polygraph - Virginia State Police or BCSO.

d. Riot truck and equipment - Virginia State Police or BCSO.

e. Bomb Disposal - Virginia State Police.

1-17.4
LAWRENCEVILLE POLICE DEPARTMENT

RULES AND REGULATIONS


SUBJECT: FIREARMS - GENERAL Number: 1-18

EFFECTIVE DATE: REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
__________________________________
Chief of Police
VLEPSC STANDARDS: ADM.06.01, 06.02

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Firearms inspections
Firearms safety
Firearms training
Off-duty weapons
Qualification
Long Guns

I. POLICY:

A police officer's firearm is perhaps the most commonly-perceived symbol of his


authority and role. In the interest of public safety and police professionalism, the
department sets herein high standards of performance for its personnel who use weapons.
The department's policy ensures that members are properly trained not only in the use of
appropriate firearms, but also in their maintenance. In addition, the department believes
that off-duty use of weapons, plus the selection and wearing of on-and off-duty holsters
must follow standards enforced by supervisors and the department firearms instructor.

1-18.1
Firearm training is an important phase in the development of law enforcement
officers, particularly with weapons that are the most accessible to the officer. All sworn
personnel shall qualify annually with his or her issued firearms and any personal off duty
firearms. The department shall use an approved range under the supervision of a certified
firearms instructor. Further, firearms qualification is a combination of skill and discretion:
When to shoot is perhaps as important a question as how to shoot. Officers are encouraged
to carefully review GO 2-7 frequently.

II. PURPOSE:

To establish policy and procedure governing the care and maintenance of issued
weapons, the selection and use of holsters, off-duty weapons, firearms training, and
qualification.

III. DEFINITIONS: Long Gun is defined as any weapon designed to be fired from the
shoulder, such as the .223 caliber rifle and the 12 gauge shotgun.

IV. PROCEDURES:

A. Issuance of weapons

1. The firearms instructor or supervisor shall issue departmental weapons to


sworn personnel.

2. Departmental firearms which become unserviceable or are no longer needed


shall be returned to the firearms instructor or supervisor.

B. Security of weapons

Officers are responsible for the care, cleaning, and security of departmental weapons
issued to them. Officers shall report any weapon malfunction to a firearms
instructor or a supervisor immediately.

C. Departmental firearms instructor

The duties of the firearms instructor are:

1. To ensure that unused departmental weapons and associated equipment are


adequately maintained in a serviceable condition.

2. To inspect all weapons to ensure they are clean and serviceable.

3. To maintain records of issuance and maintenance of departmental weapons


and associated items.

1-18.2
4. To issue departmental ammunition.

5. To inspect and certify as serviceable personally-owned firearms that are


authorized for on-duty or off-duty use.

6. The firearms instructor shall maintain a record of all firearms which have
been certified as safe and with which officers have qualified. This record, a
copy of which will be forwarded to the Chief of Police or his designee, shall
include the following:

a. Officer's name and identification number.

b. Make and model of weapon.

c. Serial number of weapon.

D. Modification of weapons

1. Departmental weapons or privately-owned weapons designated by officers


as off duty weapons shall not be modified nor altered without written
approval of the Chief of Police or his designee.

E. Rotation of Departmental Firearms

When assigned a departmental firearm that is in rotation status i.e. patrol


rifle the officers shall upon turnover of the weapon inspect the firearm for
functioning and account for all related equipment for the firearm.
Assignments shall be recorded on the log sheet.

F. Firearms inspections

1. The firearms instructor shall thoroughly inspect each weapon during


qualification on the range.

a. Firearms inspections shall include all departmental firearms.

b. Ammunition shall be inspected to ensure that it is of departmental


issue, of correct quantity, and in serviceable condition.

c. Upon completion of inspections, the firearms instructor shall forward


a memorandum to the Chief of Police or his designee that documents
the following information:

1-18.3
(1) The date the inspection was held.

(2) The name of each officer inspected.

(3) The findings of the inspection.

G. Off-Duty weapons:

1. Off-duty weapons, either revolvers or semi-automatic pistols, and


ammunition for them, are purchased at the officer's expense. The firearms
instructor must inspect and certify the off-duty weapon before it may be
carried.

a. Officers wishing to carry personal off-duty firearms must receive


written approval by the Chief of Police.

b. Officers must be able to qualify with the off-duty weapon annually.

2. Officers may carry, while off-duty, either an issued weapon or one


purchased at officers' expense. To ensure proficiency with the weapon, at a
regularly qualification each officer shall qualify with an off-duty weapon
(not an issued weapon) according to the procedure outlined herein with
ammunition purchased at the officer's expense.

3. Officers may not carry issued weapons when socially inappropriate (e.g., at
a sports event), and shall not when consuming alcoholic beverages. Off-
duty weapons shall be carried safely and concealed from public view.

V. PROCEDURES - QUALIFICATION

A. Qualification rules

1. All sworn officers shall be required to obtain a passing score required by


DCJS on an approved firing range at least annually.

2. The firearms instructor shall be in charge at all times when officers are on
the firing range for qualification.

3. Only weapons and ammunition issued by the department will be used during
qualifications, except for approved off-duty weapons.

4. Officers waiting to shoot shall remain behind the immediate firing area.

5. Persons who are not police officers will not be allowed near the shooting

1-18.4
area, except by the approval of the firearms instructor.

6. Horseplay shall not be permitted on the firing range. Anyone engaged in


horseplay shall be asked to leave the range, and the firearms instructor shall
write a report to the Chief of Police detailing the circumstances.

7. Every officer shall fire the regular firearms course approved by the Virginia
Department of Criminal Justice Services.

a. All sworn personnel shall qualify with their department issued


firearms during department authorized training, at least once a year.
Those officers unable to qualify after three (3) attempts will
surrender the weapon to the firearms instructor prior to leaving the
firing range. Officers who fail to qualify with their department
issued sidearm will be assigned immediately to remedial department
authorized firearms training until they qualify or it is determined
they are not capable of qualifications in accordance with department
standards. Officers assigned to immediate remedial firearms training
may work in a light-duty status if approved by the Chief of Police.
Officers who fail to qualify receive remedial firearms training as
soon as practical from a firearms instructor in an attempt to become
qualified with the weapon in question. Failure to qualify with
department issued firearms may be grounds for termination.

b. The range officer shall inspect all weapons before firing to (1)
ascertain that weapons are safe and (2) to ensure that weapons are
properly maintained.

B. Safety

1. Each officer, before going to the shooting line, must have approved hearing
and eye protection.

2. All weapons and ammunition pouches shall be emptied on the firing line, as
directed by the firearms instructor.

3. Once weapons have been emptied, they shall remain in holsters until officers
have taken positions on the firing line and the firearms instructor has given
further instructions.

4. Once a shooting phase has begun, weapons shall be kept pointed down
range, and officers shall remain facing their targets. An officer shall raise
his hand(s) to draw the instructor's attention if he or she misunderstands a

1-18.5
command.

5. In case of a misfire, keep the weapon pointed down range for at least 10
seconds (in case of a delayed reaction) before initiating clearing procedures.
6. At no time shall anyone go beyond the firing line until it is safe, and then
only when the firearms instructor gives the command.

7. Keep fingers out of the trigger guard and away from the trigger until the
weapon is pointed down range.

8. With the slide or cylinder open, always check the weapon twice to make
sure it is unloaded.

1-18.6
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: FIELD TRAINING OFFICER NUMBER: 1-19
PROGRAM
EFFECTIVE DATE: 1/1/14 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
____________________________________
Chief of Police
VLEPSC STANDARDS: TRN.01.01, 01.02

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Field training

I. POLICY:

The Field Training Officer (FTO) program is an integral part of recruit officer training in which
the transition is made from the theory of classroom instruction to its practical application. The
most important element of this training is the FTO, who is responsible for developing the recruit
officer to their fullest potential. The selection, training, and evaluation of the FTO are critical to
the development of recruit officers. All time frames referred to in this policy are intended as
guidelines only. It is understood that all recruits progress at different rates. Please refer to the
FTO Guidelines Manual for copies of all forms and training reports.

II. PURPOSE:

The purpose of this policy is to establish the procedures, requirements, and duties of FTOs in the
Lawrenceville Police Department.

1-19.1
III. PROCEDURES:

A. Eligibility:
1. Candidates for the position of FTO must have a minimum of two years of
continuous service with the Lawrenceville Police Department.

2. A letter of intent must be submitted to the Chief of Police. This letter must
include the officer’s qualifications for the position of FTO.

3. Candidates must not have had any disciplinary actions within the past two
years.

B. Terms of Appointment:

1. Appointment as an FTO is not a promotion. Officers assigned as


FTOs may be reassigned at the discretion of the chief.

2. FTOs must successfully complete an FTO school approved by DCJS.

3. FTOs must, in addition to their regular duties, maintain the required


records on each recruit officer under their supervision.

4. FTOs must:

a. Maintain all current certifications

b. Maintain a minimum of “Satisfactory” ratings in all


areas of evaluations, with overall ratings of more than Satisfactory.

C. FTOs wear the standard patrol officer uniform.

D. Duties of FTOs:

The FTO has two primary sets of duties to fulfill: the FTO is responsible for regular
patrol activities, as well as training the recruit officer assigned to him/her. With regard
to the training responsibility, the FTO shall do the following:

1. Provide on-going practical instruction for the recruit officer, utilizing effective
and innovative techniques.

2. Complete the Field Training Manual with each recruit assigned.

3. Submit Daily (DOR) and Weekly Observation Reports (WOR) of the recruit
officer’s performance, utilizing the department’s Standardized Evaluation
Guidelines.

4. The FTO shall review all DOR/WORs and submit a recommendation prior to

1-19.2
the recruit officer being released to independent patrol.

5. Properly supervise the recruit officer’s demeanor, conduct, and personal


appearance.

6. Provide input relevant to the successful completion of the probationary period


for recruit officers.

7. Perform all other duties that may be required.

E. Recruit Training

Recruit officer training is divided into three phases:

1. Pre-Academy Training: There is no formal performance


training during this stage. Instead, each recruit officer will be assigned his/her
Primary FTO to establish a relationship. This allows the recruit someone with
whom to contact and answer questions.

2. During the Academy: The Central VA Criminal Justice Academy provides


recruit training for the Lawrenceville Police Department.

a. The regional academy maintains an ever changing curriculum based


on the most frequent assignments of officers who have completed the
recruit training.

b. The regional academy conforms to the standards outlined in the


Criminal Justice Training Reference Manual, distributed by the
Department of Criminal Justice Services (DCJS). These standards
comply with the state training mandates for police officers and all
applicable legal requirements relevant to the performance of those
duties.

c. Lessons are taught in blocks of instruction and evaluation techniques


(testing and practical exercises) are used to measure the competency
in the required skills, knowledge and abilities of each subject matter.

d. All officers recruit and state mandated training, will be performed at


this Basic Police Academy and the officer trainee will conform to,
participate in, and successfully complete the curriculum set forth by
the training program at the regional academy. This will be done prior
to any routine assignment in any capacity in which the officer is
allowed to carry a weapon and / or is in a position to make an arrest.

3. Post-Academy Training: Upon successful completion of the Police

1-19.3
Academy, the new police officer begins to apply the knowledge and skills
learned in the academy to real world situations. Rotation of recruit
assignments to a different FTO will occur between each phase, if possible.
This phase of training involves direct supervision and is divided into three
segments:

Seg. 1: The Sergeant of this phase (two weeks) is the assignment with
the Primary Field Training Officer. This will be the same
individual with whom the Trainee has been acquainted since the
first day of employment. During this segment, the FTO and
Trainee must attain two definite goals. First is the meeting and
documentation of all the objectives outlined in the DCJS field
training form. The second goal is starting to meet and document
all of the objectives in the Field Training Manual. The Trainee
cannot be released for independent patrol without the
completion of all the objectives.

Seg. 2: Segment two will last a minimum of one week. Each segment
should be directed at elements not yet experienced by the
Trainee. The pace at which the Trainee progresses will
determine the training plan to complete the mandated objectives
as set forth by DCJS. Upon completion, the Trainee will have
experienced and/or completed all or nearly all of the objectives
in the Field Training Manual.

Seg. 3: The final segment (one week minimum) of the direct


supervision phase of field training is considered a vital aspect of
the program. During this segment, the FTO will observe trainee
performance as a method of evaluating readiness for
independent patrol. The FTO will determine when and if the
Trainee is prepared to function alone in the patrol environment.

4. All officers, certified as police officers of the Commonwealth of Virginia when


hired, that are not required to attend the basic police academy, will be required
to complete the Field Training Program prior to any solo assignment.

5. Upon successful completion of the Field Training Program, the probationary


officer will be assigned to a shift by the Chief of Police or his designee. At this
time, the new officer will have reached a level of proficiency that he/she can
function independently.

F. Utilization of FTOs:

1. Recruit officers should be assigned to their Primary FTO as soon as


the recruit begins the Police Academy.

1-19.4
2. The FTO and his/her recruit officer will respond to calls as a single
unit until the recruit is released to independent patrol. The FTO shall inform
dispatch when this occurs.

3. Recruit officers shall not be assigned additional duties without their


FTOs during the training period, unless approved by the FTO coordinator.

4. During any extended absence from the FTO, recruit officers are
assigned to another available FTO or a senior officer until the FTO returns to
duty.

G. Duties of FTO Coordinator: (The Chief or his designee shall serve as the
FTO Coordinator.)

1. Coordinate all FTO activities

2. Review all recruit officer field training on a continuous basis and


modify where appropriate.

3. The FTO Coordinator or his/her designee shall maintain liaison with


the Police Academy staff.

1-19.5
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: PHYSICAL FITNESS NUMBER: 1-20
STANDARDS
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
________________________________________
Chief of Police
VLEPSC STANDARDS: PER.03.06

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Physical fitness

I. POLICY:

The Lawrenceville Police Department requires that its sworn personnel adhere to a standard
of physical fitness commensurate with the demands of the law enforcement profession. The
department encourages its members to lead healthy and active lifestyles to support its goal
of fit personnel.

II. PURPOSE:

The purpose of this policy is to establish the minimum physical fitness standards for police
officers employed by the Lawrenceville Police Department.

III. PROCEDURES:

A. All sworn personnel shall maintain a level of physical fitness that allows
them to meet all of the demands associated with police work.

B. All officers must understand that police work often involves running,

1-20.1
engaging in protracted physical struggles, and other physically and emotionally
stressful activities. Physically fit officers promote a positive image for the
department, while physically unfit officers have the opposite effect. Unfit
officers run the risk of jeopardizing their safety as well as others around them.

C. In order to meet these varied physical challenges and to help deal with
stress in a positive manner, it is suggested that officers practice healthy lifestyle
habits. These include the following:

1. Regular aerobic exercise

2. Strength training

3. Healthy diet

4. Abstinence from smoking and other tobacco products

5. Abstinence or moderate consumption of alcoholic beverages

D. If a supervisor observes that an officer is not capable of meeting physical


demands or does not present a fit and professional image, he/she shall counsel the
officer and recommend lifestyle changes to remedy the situation.

E. If, after a reasonable period of time, the officer is still not capable of meeting all
physical demands or continues to present an unfit and/or unprofessional image,
the matter will be referred to the Chief of Police. The Chief of Police may order
that the employee take a physical examination to help to determine the physical
state of the employee. The examination will be provided at no cost to the
employee. If the situation remains unchanged, the Chief of Police may initiate
disciplinary proceedings against the officer and/or relieve him/her of duty (see
RR 1-7, Employee Discipline).

F. All sworn personnel are encouraged to have an annual physical


examination to ensure the officer is physically capable of performing the duties of
a police officer.

1-20.2
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: FISCAL MANAGEMENT NUMBER: 1-21
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_______________________________________
Chief of Police
VLEPSC STANDARDS: ADM.15.01,
15.02, 15.03, 15.04

NOTE:
This rule or regulation is for internal use only, and does not enlarge an
officer's civil or criminal 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 this department, and then only in a
non-judicial administrative setting.

INDEX WORDS:

Cash Funds
Financial Management
Fund Transfers, emergency or supplemental
Capital Assets

I. POLICY:

The Town of Lawrenceville gives the Town Manager the authority to prepare and
submit to town council a budget presenting the financial plan for conducting the
affairs of the town for the ensuing fiscal year. The town treasurer is responsible for
the maintenance and preparation of all financial records.

II. PURPOSE:

The purpose of this policy is to explain departmental and town procedures for fiscal
management.

1-21.1
III. PROCEDURES:

A. Responsibilities:

The Chief of Police has the authority and responsibility for fiscal
management and fiscal matters for the police department and must comply
with financial requirements established by town policy.

The town is required to maintain an inventory of all capital assets ($5,000 or


more); however other items of importance may also be included for tracking
purposes.

B. Accounting:

1. The Chief or designee is responsible for the collection of all receipts


for expenses incurred by the department.

2. Monthly budget printouts received from the treasurer’s office will be


compared, by the Chief or designee, to the collected receipts; any
errors, omissions, or unexplainable transactions will be called to the
chief’s attention for resolution.

3. Department account books, maintained by the town treasurer, will


include the following information concerning each budget line:

a. The initial appropriation for the account.

b. Expenditures made during the period

c. Balances at the commencement of the monthly period.

d. The unencumbered balance

C. Cash Funds:

1. The Lawrenceville Police Department does not accept cash.

2. At no time will an employee accept cash from the public. If a


citizen wishes to pay for an accident report, etc… in cash, they will
be requested to take the money to the Town Treasurer’s Office or
mail a check.

D. Credit Card for Travel Expenses:


1. The Town of Lawrenceville maintains a credit card for travel and
miscellaneous expenses. This credit card can be given out by the

1-21.2
Chief and is to be used only for authorized purchases of gasoline,
hotels, meals or other items as approved by the Chief of Police or
his designee.

2. If the credit card is not used and personnel need to be reimbursed


for meals/travel expenses, etc., the receipt may be submitted to the
treasurer’s office for reimbursement after approval by the Chief of
Police.

E. Independent Audit:

An independent audit is conducted annually of the accounts and finances


of the Town of Lawrenceville. All police department funds are open for
inspection and audit by such auditors at any time and the fullest
cooperation and assistance will be provided.

F. Standardized Purchases:

1. All purchasing of department supplies, equipment or vehicle


maintenance will be made in compliance with the State Purchasing
and Procurement Act and the Town of Lawrenceville Purchasing
Policy.

2. All members of the police department will request approval by the


Chief of Police, or his designee, before any purchase is made.
Officers shall notify a supervisor for any repair, other than routine
maintenance, prior to any work being authorized on any town
vehicle. The Chief of Police, or his designee, may require several
estimates prior to approving or disapproving the request.

3. The treasurer’s office will assist in the development of


specifications for items requiring standardized purchases, bidding
procedures, maintenance and service contracts, criteria for the
selection of vendors and bidders, and advertising.

G. Supplemental or Emergency Appropriation and Fund Transfers:

1. Town procedures exist which provide adjustment mechanisms


which the Chief of Police may use to request approval of the
transfer of funds from one account to another as shortages and
overages are respectively identified. Such requests are made to the
Town Manager.

2. When emergency situations arise involving any circumstances that


could not be anticipated by prior fiscal planning, the Chief of

1-21.3
Police may request additional funding from the Town Manager,
who may, in turn seek town council approval and authorization.

3. The Chief of Police must be notified in cases where normal


purchasing procedures cannot be followed or if there is an
inadvertent deviation from established procedures.

1-21.4
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: Planning and Research NUMBER: 1-22
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_______________________________________
Chief of Police
VLEPSC STANDARDS: ADM.10.01

NOTE:
This rule or regulation is for internal use only, and does not enlarge an
officer's civil or criminal 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 this department, and then only in a
non-judicial administrative setting.

INDEX WORDS:

Planning

I. POLICY:

In order to remain current and abreast with changing policy and changing
trends in law enforcement, the Lawrenceville Police Department has placed
emphasis on planning and research.

II. PURPOSE:

The purpose of this order is to define the planning and research function of
Lawrenceville Police Department.

III. PROCEDURES:

A. It is the responsibility of the Chief of Police to make sure that the required
planning and research function is accomplished so decisions can be made
for changes.

B. Changing trends in police work and techniques will be constantly


monitored and changes implemented as necessary.

1-22.1
C. Planning and research shall include awareness in:

1. changing trends in police work;

2. changing techniques in police work;

3. policy changes;

4. Constitutional law changes;

5. Statutory law changes;

6. town data statistics;

7. department kept statistics

8. community concerns.

9. Prepare annual reports that incorporate statistical data for analysis


of trends and patterns.

D. The Lawrenceville Police Department will allow training to departmental


employees to ensure all personnel remain current on changes of the
situations listed above.

1-22.2
LAWRENCEVILLE POLICE RULES & REGULATIONS
DEPARTMENT
SUBJECT: Freedom of Information Act
Compliance

NUMBER: 1-23
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.1-13 (9/03) _________________________________________
Chief of Police
VLESPC STANDARDS: ADM.22.03

NOTE

This rule and regulation is for internal use only, and does not enlarge an officer's
civil or criminal 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 this department, and then only in a non-judicial administrative setting.

INDEX WORDS

Freedom of Information Act (FOIA)


Records

I. Policy

In order to provide the public with information, with which they are duly entitled, the department
will comply with the Freedom of Information Act. Because of the specific knowledge required,
and the broad discretion granted to law enforcement agencies, not all personnel of an agency can
or should be expected to respond to requests for information, whether made formally under
FOIA or either casually by a citizen or reporter. The department shall have one or more
knowledgeable individuals designated to respond to such request. The identities of these
persons shall be made known to all employees.

II. Purpose

The purpose of this regulation is to establish procedures for the dissemination of information
under the Freedom of Information Act.

III. Procedure – General

A. The Chief of Police shall be responsible for seeing that the following rules and
regulations, and the Freedom of Information Act are adhered to.

1-23.1
B. The Chief of Police and/or his designee shall be the points of contact for third
party request for information.

C. Staff shall be responsible for the processing of requests. The staff member
completing the request will document the requestor’s name and legal address. If
the requestor refuses to provide this information, the request is to be completed
and “declined to provide information” entered in the documentation.

IV. Procedure for Requesting Information

A. Request for information concerning a single incident, where the request is made
by a party to the incident (person or entity with a direct connection), the news
media, interested citizens and other requestors may be made verbally or in
writing.

B. Request for information concerning a single property or entity, whether the


request is made by the property owner or person in charge of the property in
question, the news media, interested citizens and other requestors may be made
verbally or in writing.

C. A requestor has no obligation to state why information is being sought, or for


what purpose it will be used.

D. The department may charge actual costs for providing any information to a
requestor. Cost shall include time spent by an employee to compile the data, cost
of paper, etc. Cost may not include overhead such as electricity, building usage,
or maintenance.

E. In the event that any estimated costs of producing the requested records exceed
$200.00 the department may request payment in advance of the processing
request.

F. Persons incarcerated in a Federal or State correctional facility cannot request


records under FOIA, but do retain the right to call for records which may be used
as evidence in a criminal prosecution in which they are involved.

V. Records which may be obtained

A. Criminal incident information (required only for felonies, but may be


released for misdemeanors)

1. General description of the criminal activity reported


2. Date and general location the alleged crime was committed
3. Identity of the investigating officer (may be a department contact
unless specifically requested)
4. General description of any injuries suffered or property damaged
or stolen

1-23.2
B. Arrest Records (Adult Offenders)

1. Identity of persons arrested


2. Charges against them
3. Status of the charge or arrest

C. Arrestee Photographs (Adults)

1. Photos of arrestees must be released, unless the release will


jeopardize an investigation.

D. Personnel Records

1. Personnel records are generally protected. The Chief of Police may


release portions.

VI. Protected Information

FOIA provides law enforcement agencies considerable discretion in protecting the


identities of individuals with whom they may be involved in a variety of ways.

A. Identity of Victims
B. Witnesses
C. Undercover officers
D. Identities of persons providing information about a crime or criminal
activity under a promise of anonymity (such as crime stoppers, informants,
etc.)
E. Records pertaining to neighborhood watch programs and participants
F. Information relating to investigative techniques or procedures
G. Tactical operational plans which could jeopardize the safety of officers or
the general public
H. Information relating to the security of any data processing or
telecommunications system
I. Information or records required during the review of any child death by
the State Child Fatality Review Team
J. Confidential records, including victim identity provided to staff of a rape
crisis center or a program for battered spouses
K. Computer programs used to process data which may be included in
official records
L. Criminal Incident Information may be withheld if it is likely to jeopardize
an ongoing investigation or prosecution, or the safety of an individual,
cause a suspect to flee or evade detection, or result in the destruction of
evidence. This information may be held only until the above referenced
damage is no longer likely to occur from such release.

VII. Criminal investigations information


1-23.3
Exempt from disclosure are the following:

A. All complaints
B. Memoranda
C. Correspondence
D. Evidence related to a criminal investigation
E. Case files or reports
F. Witness statements

VIII. Time allowed for return of requested information

If a written request for information is received or a verbal request is treated as a


formal FOIA request, an initial response must be made within five (5) working
days after the request is received. One of the following responses must be made:

A. Make the requested record(s) available


B. Decline in writing to furnish the requested records, citing the specific part
of FOIA which exempts them, or any other statue which prohibits their
release (i.e. Virginia Code Section 16.1-301, which restricts the release of
juvenile records).
C. If only a portion of the records requested are exempt from disclosure,
delete or excise the portion which need not be disclosed, and make the rest
available accompanied by a written statement identifying that portion of
FOIA or other statue that allows the exemption.
D. Respond in writing that the requested records cannot be identified within
five working days, thereby allowing an additional seven days to identify
the records and respond to the request. In highly unusual circumstances, a
petition may be made to the Circuit Court for even more time to respond.

IX. Further Guidance

When a questionable release is requested, consult the “Law Enforcement Guide to


the Virginia Freedom of Information Act” booklet, published by the Virginia
Association of Chiefs of Police, or the Code of Virginia, Title 2.2, Chapter 37.

1-23.4
LAWRENCEVILLE POLICE
DEPARTMENT

RULES AND REGULATIONS


SUBJECT: Bias-Based Policing NUMBER: 1-24
EFFECTIVE DATE: REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
PER.1-8 (9/03) ____________________________________
Chief of Police
VLEPSC STANDARDS: ADM.02.05

NOTE:
This rule or regulation is for internal use only, and does not enlarge an officer’s
civil or criminal 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 this department, and then only in a non-judicial administration
setting.

INDEX WORDS:

bias
constitutional rights
discrimination
probable cause
profile
reasonable suspicion
traffic stop

I. POLICY

It is the policy of the Lawrenceville Police Department that all law enforcement actions
which include all traffic stops, investigative detentions, searches and seizures of persons
or property and arrests will be based on the standards of reasonable suspicion or probable
cause as required by the Constitution of the United States and supporting statutory
authority.

1-24.1
This law enforcement agency is charged with protecting these rights, for all, regardless of
race, color, ethnicity, sex, sexual orientation, physical handicap, religion or other belief
system.

Most importantly, actions guided by bias destroy the trust and respect essential for our
mission to succeed. We live and work in communities very diverse in population:
respect for diversity and equitable enforcement of the law are essential to our mission.

II PURPOSE:

The purpose of this policy is to unequivocally state that racial, ethnic and/or gender
profiling in law enforcement is absolutely unacceptable, to provide guidelines for officers
to prevent such occurrences, and to protect our officers when they act within the dictates
of the law and policy from unwarranted accusations.

III DEFINITION:

Biased-Based Policing: The detention, interdiction, searching or attempting to search;


using force against a person or other disparate treatment of any person on the basis of
race, color, ethnicity, sex, sexual orientation, physical handicap, religion, or other belief
system in violation of constitutional safeguards.

Probable Cause: Facts or apparent facts and circumstances within an officer’s


knowledge and of which the officer had reasonable, trustworthy information to lead a
reasonable person to believe that an offense has been or is being committed, and that the
suspect has committed it.

Profile: A legitimate profile, sanctioned by the department, is a very specific attribute,


or cluster of attributes or characteristics, that form the basis for reasonable suspicion of
criminality. A profile is only valid for a limited time and under limited circumstances,
most often for drug trafficking. These attributes or characteristics are established in
writing based on considerable training and experience. A legitimate profile will not be
based solely on a person’s race, sex, sexual orientation, gender, national origin, ethnicity,
age, or religion.

Reasonable suspicion: Also known as articulable suspicion. Suspicion that is more than
a mere hunch, but rather, 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 his or her training and experience, and/or reliable information
received from credible outside sources.

1-24.2
IV PROCEDURES:

A. Prevention of Profiling:

1. Officers are prohibited from stopping, detaining, searching or arresting


anyone solely because of the person’s race, sex, sexual orientation, gender,
national origin, ethnicity, age, or religion. These characteristics, however,
may form part of reasonable suspicion or probable cause when officers are
seeking a suspect with one or more of these attributes.

2. Reasonable suspicion or probable cause shall form the basis for any
enforcement actions or decisions. Citizens shall only be subjected to
stops, seizures, or detention upon reasonable suspicion or probable cause
that they have committed, are committing, or are about to commit an
offense. Officers shall document the elements of reasonable suspicion and
probable cause in appropriate reports.

3. Officers shall observe all constitutional safeguards and shall respect the
constitutional rights of all citizens.

B. Officer Behavior:

1. Be courteous, polite and professional.

2. When feasible, officers shall offer explanations to citizens of the reasons


for enforcement actions and other decisions that bear on citizens’ well-
being unless the explanation would undermine an investigation or
jeopardize an officer’s safety.

3. When feasible, officers shall identify themselves by name. When a citizen


requests the information, officers shall give their badge number, name of
immediate supervisor, or any other reasonable information.

4. Explain to the citizen where no enforcement action was taken the credible,
reliable or locally relevant information that led to the stop.

5. All officers are accountable for their actions. Officers shall justify their
actions when required.

Traffic enforcement and pedestrian contacts are routinely performed by officers,


but for the motorists or pedestrian who is stopped it is frequently an emotionally
upsetting experience. Officers should be aware of these conditions and should
strive to make each contact educational and leave the citizen with an
understanding that the officer has performed a necessary duty in a fair,
professional, and friendly manner.

1-24.3
C. TRAINING:

Officers will receive initial and ongoing training in officer safety, courtesy,
cultural diversity, and the laws governing search and seizure, and interpersonal
communication skills.

D. VIOLATION:

Actions in violation of this policy are unconstitutional and inconsistent with the
mission of the West Point Police Department and will not be tolerated. Any
alleged violations shall be forwarded directly to the Chief for a thorough internal
investigation.

Officers found to be in violation of this order shall be subject to the full range of
disciplinary actions described in R.R. 1-7

1-24.4
LAWRENCEVILLE POLICE RULES AND REGULATIONS
DEPARTMENT
SUBJECT: AMBER ALERT

NUMBER: 1-25
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
___________________________________
Chief of Police
VLEPSC STANDARDS:

NOTE:
This rule or regulation is for internal use only, and does not enlarge an
officer’s civil or criminal 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 this department, and
then only in a non-judicial administrative setting.

I. POLICY:

The Lawrenceville Police Department hope the alert plan will provide the quick,
safe recovery of an abducted child. The Va. State AMBER Alert Plan provides a
valuable tool for law enforcement agencies in the on-going battle to protect our
children, while allowing the Virginia Association of Broadcasters (VAB), the
Virginia Department of Transportation (VDOT), and the Virginia Department of
Emergency Management (VDEM) an opportunity to contribute to the communities
they serve in an extremely beneficial capacity.

II. PURPOSE:

The purpose of this order is to set forth procedures for the delivery of the
AMBER Alert plan.

1-25. 1
III. PROCEDURES:

A. Criteria for the activation of the Plan

1. The missing child must be 17 years of age or younger, and the officer
believes the child has been abducted (unwillingly taken from their
environment without permission from the child’s parent or legal
guardian).
2. The officer believes the missing child is in imminent danger of serious
bodily harm or death.
3. A law enforcement investigation has taken place that verified the
abduction or eliminated alternative explanations.
4. Sufficient information is available to disseminate to the public that
could assist in locating the child, suspect, and/or the suspect’s vehicle.
5. The child must be entered into the Virginia Criminal Information
Network (VCIN) and the National Crime Information Center (NCIC)
missing person files as soon as practical.

*If all of the above criteria are not met, the VA STATE AMBER Alert Plan will not
be activated.

B. Activation requirements for all law enforcement agencies

1. The agency must have entered the missing child into the
VCIN/NCIC systems as soon as practical.
2. The Chief of Police will designate one (1) primary officer as the
reporting officer.
3. The agency must use the criteria demonstrated in the flow chart to
determine whether to activate the VA STATE AMBER Alert Plan.
4. The agency must agree to use the enclosed termination script in the
event the incident is terminated before the 12-hour cycle is over.
5. The agency must provide updates as required.
6. The agency must have an assigned telephone number that can roll into
at least two (2) separate lines to take telephone calls if the VA STATE
AMBER Alert Plan is activated.
7. The agency must have volunteers or personnel to take the telephone
calls for at least 24-hours if the plan is activated or until the alert is
canceled.
8. The agency will be required to submit the following information to the
Virginia Missing Children Clearinghouse (VMCC):
 A photograph of the child; when available
 A VA STATE AMBER Alert Activation form or
equivalent Agency Form (SP-183- Missing Child Report),
which contains the required information.

9. The reporting officer will create a missing child poster when


1-25. 2
appropriate.
10. As additional information presents itself, including
photographs, the reporting agency should contact VMCC and
broadcasters with the pertinent information.

C. Activation Process

1. The VA STATE AMBER Alert Plan can


only be initiated by a representative from the reporting law
enforcement agency where the abduction has occurred. Once the
contacted agency receives a report, the following process should be
followed:

a. Confirm that an abduction has taken place and the


criteria have been met.
b. Complete the included pre-established VA STATE AMBER
Alert forms required to activate an AMBER Alert. The
facsimile message must include detailed information, which
could be helpful to the public in identifying the child,
suspect, and/or the suspect’s vehicle. If available, send a
current photograph of the abducted child.
c. The reporting agency will notify the Virginia
Missing Children Clearinghouse (VMCC) by telephonic
facsimile and scan a current photograph of the abducted child
to VMCC. Local law enforcement agencies must follow
intra-departmental policy regarding the actual investigation
process involving any child abduction incident, which takes
place within their jurisdiction.
 (Vamissing@vsp.state.va.us)
Telephone #: 804-674-2026 or 804-674-2023
Facsimile #: 804-674-6704
d. The reporting agency will contact any/all broadcasting
companies through the Emergency Alert System
(EAS) or by telephonic facsimile providing them with
a detailed summary of the child abduction, and
forward a copy of the abducted child’s photograph to
any/all broadcasting companies, if available.
e. The broadcasters can either transcribe the information
included in the faxed “AMBER Alert” Notification or
rebroadcast the EAS message. A rebroadcast of the alert
should be conducted at a minimum of at least every 15
minutes for the first two (2) hours, and once every half hour
for the next three (3) hours. ***Once the first five (5) hours
have passed, the broadcasters will provide the information
and any updates on an hourly basis for the next seven (7)
hours not to exceed twelve (12) hours after the notification
1-25. 3
was received unless circumstances dictate that the alert
should be extended. The decision to rebroadcast the
“AMBER Alert” information at a later time will be left up to
each individual broadcasting station and is completely
voluntary.

D. Recovery of missing person

1. If the child is located or if the AMBER Alert should be


Canceled for some other reason, the reporting agency will issue a
VCIN message and cancellation message advising the AMBER Alert
has been canceled. The reporting agency should contact the VMCC to
notify them of the pertinent information.
***Note: The reporting agency should notify the VA STATE
POLICE as lead entity for the VA STATE AMBER ALERT PLAN.

If an AMBER Alert is activated, the reporting agency in which the alert is


activated will prepare information to send to the Virginia State Police for further
assistance. When a regional plan has been activated prior to requesting the
activation of the Virginia AMBER Alert plan and the investigating agency has
contacted and provided the Virginia Missing Children Clearinghouse (VMCC) with
the required information to activate the Virginia AMBER Alert Plan, then the
requesting agency will only be required to submit updated information and notify
the VMCC of the recovery of the child or cancellation of the alert.

1-25. 4
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: LIMITS OF AUTHORITY, NUMBER: 2-1
CONSTITUTIONAL SAFEGUARDS
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.2-2 (10/93); 2-1 (1/03)
____________________________________
Chief of Police
VLEPSC STANDARDS: ADM.02.01-02.03

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Authority; limitations
Confessions
Constitutional safeguards
Discretion
Interrogations
Interviews
Miranda rights

I. POLICY:

The U.S. Constitution and the Bill of Rights guarantee every citizen certain safeguards from
government intrusion into their lives. These safeguards have become the cornerstone for
the application of criminal justice in America. Consequently, these safeguards have placed
limitations on the authority of police to enforce the laws of the nation, state, and the Town
of Lawrenceville. The department expects its officers to act with due regard for citizens'
civil liberties.

2-1.1
II. PURPOSE:

The purpose of this general order is to define the legally mandated authority for the
enforcement of laws, to establish procedures for ensuring compliance with constitutional
requirements during criminal investigations, to set forth guidelines concerning the use of
discretion by officers, and to define the authority, guidelines and circumstances when
officers should exercise alternatives to arrests and pretrial confinement.

III. PROCEDURES - GENERAL

A. LAW ENFORCEMENT AUTHORITY TO ENFORCE LAWS:

1. Section 15.2-1704 of the Code of Virginia gives police officers of cities and
towns the authority to enforce the criminal laws of the Commonwealth and
ordinances and regulations of the city in which they are appointed.

2. Section 49-1 of the Code of Virginia requires that all officers, upon entering
their office, take an oath whereby they swear to support the Constitution of
the United States and the Commonwealth of Virginia.

B. LIMITATIONS ON LAW ENFORCEMENT AUTHORITY:

Limitations on law enforcement authority are derived from statutes, federal, state,
and local judicial interpretation of laws, opinions of the attorney general and
commonwealth's attorney, departmental policies/rules and regulations, and town
administrative decisions.

1. Statutory limitations:

These limitations include, but are not limited to:

a. Enforcement of laws outside of the town limits. Section 19.2-250 of


the Code of Virginia grants authority to enforce state laws one mile
beyond the boundaries of the city.

b. Section 15.2-1725 of the Code of Virginia grants authority to


enforce laws on any town-owned property located outside of its
boundaries. Examples include: sewage treatment plants and the
town's water source.

c. Section 15.2-1704 prohibits officers from enforcing the civil laws of


the Commonwealth.

2-1.2
2. Judicial limitations:

Courts constantly interpret laws that place limitations on the authority of law
enforcement officers. The more common include: Miranda rights/warnings,
rulings on search and seizure, eyewitness identification, lineups.

3. Limitations on law enforcement by local courts:

Occasionally, the local courts may limit law enforcement authority


to enforce state statutes and local ordinances. The department manual shall
contain relevant orders offering appropriate guidance to officers. These
limitations include, but are not limited to:

a. The enforcement of certain parking ordinances.

b. The handling of juvenile offenders.

c. The issuance of summonses as opposed to arrests/incarceration.

d. Restrictions relating to the animal control ordinance.

4. Limitations on police authority by Commonwealth's Attorney:

Occasionally, the commonwealth's attorney may issue opinions to


the department imposing limitations on officers. These areas include, but
are not limited to:

a. Prosecution of certain cases.

b. Extradition.

c. Enforcement of certain statutes pending opinions from the Attorney


General's Office.

5. Changes in laws/interpretational limitations:

Periodically, changes take place which may impose new limitations


on police authority or remove or alter existing limitations. Normally, annual
updates on such changes are provided to all personnel by the
commonwealth's attorney. In case immediate changes in departmental
operations are required, the commonwealth's attorney's office may provide
information orally and confirm it in writing.

2-1.3
IV. CONSTITUTIONAL REQUIREMENTS: GENERAL

A. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS DURING


CRIMINAL INVESTIGATIONS:

1. All officers when conducting criminal investigations shall take all


precautions necessary to ensure that all persons involved are afforded their
constitutional safeguards. Officers will ensure that:

a. All statements or confessions are voluntary and non-coercive.

b. All persons are advised of their rights in accordance with this general
order.

c. All arrested persons are taken promptly before a magistrate for


formal charging.

d. All persons accused or suspected of a criminal violation for which


they are being interrogated are afforded an opportunity to consult
with an attorney.

e. Prejudicial pre-trial publicity of the accused is avoided so as not to


interfere with a defendants’ right to a fair and impartial trial. See RR
1-13, Media Relations.

B. THE USE OF DISCRETION BY OFFICERS:

1. Officers, by the nature of their job, are required to exercise discretion in the
performance of their duties. The department provides officers with written
policies, rules, departmental orders, directed patrol assignments, and training
in order to aid them in making decisions which govern discretion in
performing their duties.

2. With the exception of departmental rules and regulations, departmental


policy generally gives officers guidelines to consider in exercising their
discretion. It is up to the individual officer to consider the relevant facts, the
situation, and then, using knowledge, training, and good judgment, make
appropriate decisions. Supervisors must closely observe the use of
discretion by their subordinates and point out factual errors or alternatives
that may be more appropriate.

2-1.4
C. ALTERNATIVES TO ARREST/PREARRAIGNMENT CONFINEMENT:

1. Under certain circumstances, officers are faced with situations where an


arrest and pre-arraignment confinement will not be possible. In this case,
officers may elect to exercise certain alternatives such as the issuance of
summonses, referral to a social service agency, or simply a warning.
Examples may include:

a. Mentally or emotionally disturbed persons.

b. Domestic situations where counseling may be appropriate. (Except


where probable cause requires an arrest, as detailed in GO 2-34.)

c. Juvenile offenders. See General Order 2-31, Juvenile Procedures.

d. Transient persons who need shelter and food.

e. Certain misdemeanor cases.

2. Authority to issue summonses in lieu of arrest/confinement:

a. Section 19.2-74 of the Code of Virginia authorizes police officers to


issue a summons in lieu of arrest for persons charged with a
misdemeanor criminal offense except D.U.I. and drunk in public.
Additionally, Section 19.2-74 authorizes the use of summonses when
enforcing city ordinances.

b. The use of summonses by officers:

In determining whether a summons should be used, the officer


should:

(1) Determine the severity of the offense.

(2) Make a judgment as to whether the accused poses a danger to


the public or himself.

(3) Decide, based on circumstances, whether the person may


disregard a summons.

(4) Determine if the accused is reasonably likely to cease the


unlawful conduct.

2-1.5
3. Informal handling of criminal matters:

Officers often deal with situations where the public interest would be better
served by social service agencies or crisis and professional organizations.
When in the judgment of the officer a better solution to the problem will be
achieved by use of alternatives to enforcement, he or she should refer the
citizen to a social services agency.

4. Use of warnings as an alternative to arrest:

The use of warnings may sometimes provide a satisfactory solution to a


problem and may enhance the public perception of the department.
Normally, the use of a warning occurs in traffic offenses, but occasionally
may be applied to criminal offenses. In determining if a warning should be
issued, the officer should consider:

a. The seriousness of the offense.

b. The likelihood that the violator will heed the warning.

c. The reputation of the violator, i.e., known repeat offender, has


received previous warnings, etc.

5. Limitations on intelligence activity:

a. Departmental intelligence gathering activities shall be limited to that


information concerning criminal conduct that presents a threat to the
community.

b. Departmental personnel and equipment will only be used in


conjunction with intelligence gathering activities, as defined above,
in full compliance with all law, and only with the advance approval
of the Chief of Police.

c. Intelligence information will be collected, used and processed in full


compliance with all laws.

d. Informants, see GO 2-12.

2-1.6
V. INTERVIEWS AND INTERROGATIONS

A. DEFINITIONS:

1. An interview may be construed as any conversation with a suspect, witness,


victim, or citizen that at any time is free to leave.

2. An interrogation, according to the Supreme Court, includes the following,


per Rhode Island v. Innis, ". . . express questioning or its functional
equivalent . . . any words or conduct on the part of police (other than those
normally attendant to arrest and custody) that the police should know are
reasonably likely to elicit an incriminating response from the suspect."
Officers are reminded that an interrogation does not rely solely or
exclusively on words: conduct can be the “functional equivalent” of asking
questions.

B. RIGHTS ADMONITION:

1. In order to achieve uniformity in administering Miranda warnings, police


officers will be issued cards with the Miranda warnings and waiver on them.
Officers will advise suspects, verbatim:

a. "You have the right to remain silent."

b. "Anything you say can and will be used against you in a court of
law."

c. "You have the right to talk to a lawyer and have him present with
you while you are being questioned."

d. "If you cannot afford to hire a lawyer, one will be appointed to


represent you before any questioning, if you wish one.

e. "You can decide at any time to exercise these rights and not answer
any questions or make any statement."

2. After the warning, in order to secure a waiver, the officer shall ask and
receive affirmative replies to the following questions:

a. "Do you understand each of these rights I have explained to you?"

b. "Having these rights in mind, do you wish to talk to us now?"

2-1.7
3. After the rights have been read, understood, and the person wishes to waive
them, the officer will have the suspect sign the waiver of rights form. If the
suspect refuses to sign the form but has acknowledged his/her rights are
understood, the officer will note the date and time on the form with a
comment as to the suspects refusal. Officers must cease questioning
whenever the suspect invokes the right to silence or requests the presence of
counsel.

a. After the suspect has been charged, officers shall not try to elicit
incriminating evidence unless the suspect waives the right to counsel.

b. If a suspect, once in custody, requests counsel after being advised of


Miranda rights, he or she cannot be interrogated again unless (l) the
counsel is present during the interrogation or (2) the suspect himself
initiates the interrogation. Officers therefore cannot obtain a waiver
under these circumstances unless the suspect initiates interrogation.

4. Officers will take care when advising juveniles of their rights to ensure that
the rights are understood before obtaining a waiver. Officers should honor a
child's request to speak to a parent or guardian before waiving his or her
rights. Whenever possible, the child's parents should be present while the
child's rights are explained and the waiver obtained.

5. In the case of individuals who are hearing impaired and/or


non-English speakers, officers shall ensure that these individuals clearly
understand their rights under the Constitution. Qualified interpreters shall be
used whenever constitutional issues become apparent to officers who are
confronted with hearing impaired and/or non-English speakers.

C. The Fifth Amendment right against self-incrimination:

l. When Miranda applies:

The voluminous case law covering Miranda (Miranda v. Arizona) warnings


has established several guidelines for officers to help decide when warnings
must be administered. Miranda applies only to custodial interrogation.
Interrogation is defined below. As to what constitutes custody, if a
reasonable person in the suspect's position believes that he or she is not free
to leave, then Miranda applies. Note that the officer's view of what
constitutes custody and that of the suspect may differ. Officers must
remember that the reasonable belief of the suspect is what counts.

2. Circumstances for administering Miranda:

2-1.8
In determining whether a suspect is free to leave the police officer's
presence, a court will look at the circumstances of the interrogation: if
police questioning is conducted in a police car or at a police station, the
environment may be construed a coercive one, and the interview custodial.
Practically speaking, an arrest or physical restraint of a suspect places him or
her in custody, and Miranda warnings must be administered before the
officer asks questions about the offense. In short, then, Miranda warnings
must be given when:

a. The suspect reasonably believes that he/she is in custody, and

b. The suspect is interrogated.

3. Voluntariness of confessions:

The courts have provided officers with much latitude in interrogating


suspects. If a suspect claims that he or she was coerced into confessing, the
courts will examine the interrogation according to the totality of the
circumstances. If interrogation methods appear to overcome the suspect's
will, then the courts will find any resulting confession to be involuntary. If
officers use trickery, threats, or offer promises to obtain confessions, they
must, prior to the application of interrogation techniques, consider the
following:

a. assessment of the suspect's background, age, education, mental


impairment, and physical condition to determine vulnerability to
coercion; and

b. coupled with the background characteristics, choose an appropriate


mix of interrogation tactics and environmental factors to convince
the suspect to confess without overbearing the suspect's will. Note
that Miranda warnings would have been given before the
interrogation takes place, in most instances.

D. EXEMPTIONS/SPECIAL CASES:

1. Miranda warnings do not apply to the following situations:

a. brief on-scene questioning:

b. identification procedures such as fingerprinting, conducting a line-


up, sobriety tests;

2-1.9
c. volunteered, spontaneous statements (Once the officer has heard the
suspect express spontaneous incriminating statements, the officer
shall then advise the suspect of Miranda rights and obtain a waiver
before undertaking additional questions.);

d. brief investigative detention;

e. roadside questioning during routine traffic stops;

f. routine booking questions attendant to arrest;

g. questioning by private persons.

2. Public safety exception:

When an officer urgently needs information from a suspect because lives are
in imminent danger, officers may delay giving Miranda warnings until the
officers have received information sufficient to dispel the emergency.
Officers are advised that a genuine, life-threatening emergency must
exist. In New York v. Quarles, 104 S. Ct. 26526 (1984), police frisked a
felony suspect who was thought to be armed. Finding no weapon and
worried about its location because of nearby children and without
administering Miranda, the officers asked where the gun was and the suspect
replied giving the location. The presence of the gun constituted a public
safety hazard, justifying the question in the absence of Miranda.

3. No firm guidelines exist governing when fresh warnings must be given. In


considering whether previously-administered Miranda rights have become
legally stale, investigators must consider:

a. the length of time between first warnings and later interrogation;

b. whether warnings and later interrogation were given in the same


place;

c. whether warnings and later interrogation were by the same or


different officers;

d. the extent to which the later statement differed from a previous one;

e. the apparent intellectual and emotional state of the suspect.

2-1.10
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: SEARCH AND SEIZURE NUMBER: 2-2
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.2-2 (10/93); 2-1 (1/03) ________________________________________
Chief of Police
VLEPSC STANDARDS: ADM.02.02

NOTE:
This general order or regulation is for internal use only, and does not enlarge an
officer's civil or criminal 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 this department, and then only in a non-judicial administrative
setting.

INDEX WORDS:

Abandoned property Warrants;


Consent to search Executing
Emergency search
Plain view search
Search and seizure
Of vehicles (custodial arrest)
Of vehicles (generally)
Of vehicles (inventory)

I. POLICY:

When any police officer seizes items or goods that may be introduced into evidence,
the trial court will make inquiry into the legality of the manner in which this
evidence was obtained. The acceptance of the evidence by the court will depend on
whether the officer has followed the constitutional and statutory procedures for
searches and seizures. The officers in the department will follow guidelines laid out
under the United States Constitution and the Virginia Constitution.

2-2.1
II. PURPOSE:

To specify the guidelines under which searches may be conducted by police


officers.

III. PROCEDURE

A. The principal guidelines for conduct of a search are found in the fourth
amendment of the United States constitution and Section 10 of the Virginia
constitution. The fourth amendment guarantees the right for people to be
free from any unreasonable search and seizure of the homes, persons and
things and enumerates the requirements of the issuance of a search warrant.
The U.S. Supreme Court is continuously interpreting the Fourth Amendment
as it applies to police conduct. Illegally seized items of evidence will not be
admitted in court and may become the cause for a lost criminal case.

B. The greatest impact on the conduct of reasonable searches came in 1961 with
the United States Supreme Court’s review of Mapp V. Ohio, 367 US 643 in
which it held that:

1. The State Courts, in order to be consistent with the 4th and 14th
amendments, could no longer admit evidence which was
directly or indirectly the result of unreasonable searches.

2. The decision excluded from admissibility evidence obtained


in connection with any unlawful search and seizure. The
Mapp decision also established the federal standards to be
used to judge the legality of a search. Since its decision, the
Supreme Court has consistently reaffirmed this principle by
reversing convictions because of use of evidence that may
have been admissible under state law but was illegal by
federal standards. This is not to say that the federal statutes
totally replace the state statutes. The court was clear to point
out that the opinion of the Mapp case does not prevent the
states from devising their own rules as long as these
standards are compatible with the 4th amendment.

C. The courts have held that searches may be carried out solely under the following
conditions:

1. With a search warrant that conforms to the requirements of


the Fourth amendment

2. As incidental to an arrest. (See G.O. 2-6)

2-2.2
3. Without a search warrant, but with the consent of the person to
be searched or the proprietor of the premises to be searched.
(See Section VIII. of this G.O.)

4. Emergency searches (See section V. of this G.O.)

5. Plain view. (See section VII. of this G.O.)

6. Abandoned property and open fields (See section VI. of this


G.O.)

7. Inventory searches of vehicles (See section IX. of this G.O.)

8. Pat-downs (stop and frisk) of suspicious persons. (See G.O.


2-3)

D. An unreasonable search or seizure may result in any one of several legal


ramifications:

1. All items obtained either directly or indirectly are excluded from


use in court.

2. All items unlawfully obtained must be returned to the person


from whom seized unless they are clearly contraband in
which he/she has no lawful right to possession.

3. Illegally obtained evidence is grounds for case appeals, writs of


Habeas Corpus, and writs of Certiorari.

4. Civil suit may be forthcoming against the police officer(s)


involved under the Civil Rights Act. (Section 19.2-59, Code
of Virginia, provides for both civil and criminal actions
against an officer who makes an illegal search and seizure.)

IV. SEARCH WARRANTS

A. Police action is termed a search where:

1. There is a “prying into hidden places by the police officer”

2. The person whose premises or person being searched has a reasonable


expectation of privacy.

2-2.3
B. While both the United States constitution and Section 10 of the Virginia
Constitution expressly forbid the use of “General Warrants,” a search by a warrant is
authorized, provided that police can show a magistrate a substantial reason for the
issuance of such warrant. A mere belief or suspicion that evidence may be hidden
or kept on the premises is not enough. A search warrant can only be issued upon
making of an affidavit supported by an oath or affirmation. The specific contents of
the affidavit and search warrant as well as the procedure to be followed in filing the
affidavit and obtaining a warrant are discussed in sections 19.2-52 through 19.2-57
in the Code of Virginia.

C. If, during a search for the evidence listed on the search warrant, additional
contraband is found, these items may be legally seized. However, once all the
evidence described in the search warrant is located, the search must end. If
additional contraband is noticed thereafter, another search warrant must be obtained.

V. EMERGENCY SEARCHES

A. A search warrant is not necessary in an emergency. An emergency is often termed


“exigent circumstances.”

B. The Virginia Supreme Court, in Verez V. Commonwealth, 337 S.E. 2d 749,1985,


gave ten factors to be considered in evaluating whether an emergency exists:

1. The degree of urgency involved and the time required to obtain a warrant.

2. Officer’s reasonable belief that contraband is about to be removed or


destroyed. (Note that not all crimes are serious enough to create exigent
circumstances. See 5 below.)

3. The possibility of danger to others, including officers left to guard the site.

4. Information that the possessors of contraband are aware that police are on
their trail.

5. Whether the offense is serious, or involves violence.

6. Whether officers reasonably believe the suspects are armed.

7. Whether officers have probable cause.

8. Whether the officers have strong reason to believe the suspects are present
on the premises.

2-2.4
9. The likelihood that the suspects will escape.
10. The suspect’s entry onto or into premises after “hot pursuit”.
(If officers enter premises with probable cause to believe that critical
evidence may be destroyed or removed unless immediate action is taken,
they may enter without a warrant, secure premises, and obtain a search
warrant before proceeding further unless they have obtained consent to
search, or some new circumstances arise necessitating another warrantless
search.)

VI. ABANDONED PROPERTY AND OPEN FIELDS

A. A search warrant is not required for property that has been abandoned or an open
field.

B. To constitute abandoned property, two conditions must apply:

1. Property was voluntarily abandoned.

2. Property was discarded outside the area in which someone


has a reasonable expectation of privacy.

VII. EVIDENCE IN FULL OR PLAIN VIEW

A. It is a well-established legal principle that a seizure of contraband or fruits of the


crime in plain view is not a violation of the fourth amendment where the officers are
on the premises lawfully. A plain view seizure is, technically, not a search. To
make a plain view seizure of property (contraband, fruits or instrumentalities of the
crime), the officer must inadvertently observe the property in a place where he has a
lawful right to be. However, if the officer becomes a trespasser on the property
which under the protection of the fourth amendment, then his/her action amounts to
an illegal search and seizure. In addition, the officer cannot use information so
obtained to produce a warrant nor can the evidence be seized without one.

B. This evidence can be seized where there is no search and information so obtained
may be used to procure a warrant. In order to seize evidence under this rule, the
officer must be lawfully present on the premises and observe the illegally possessed
or contraband items. To make a plain view seizure of property, two requirements
must be met:

1. The officer had prior justification for intrusion;

2. It must be immediately apparent to the officer that the items he or she


observes may be evidence of a crime, contraband, or otherwise subject to
seizure.

2-2.5
C. The officer may not move items, look inside, underneath or behind them for serial
numbers or other identifying marks. If such movement is necessary, officers shall
obtain a warrant.

VIII. SEARCH CONDUCTED WITH CONSENT

A. In the search of a person by consent, it is difficult for an officer to prove that the
person gave voluntary consent to the search. Any consent must be completely
voluntary and must be given as an understanding and intentional waiver of rights
to refuse consent. The officer must be able to show that the person searched was
advised of his/her rights to refuse a search, and that the individual voluntarily, un-
derstandingly and knowingly waived those rights.

B. Searching premises by consent is often troublesome due to the question of


legality of the possession of the premises and the property which may be
discovered. The courts consistently approve of searches of premises by consent
when legal prerequisites are satisfied; however, there are a number of clarifying
decisions with regard to who may grant permission for a search.

D. The following places require consent before searching:

1. Private dwellings and the curtilage;

2. Apartments, hotel rooms, motel rooms, boarding house rooms, guest rooms,
and hospital rooms;

3. Businesses and offices;

4. Miscellaneous locations such as barns, house trailers, suitcases stored on


premises of another, locked storage cabinets, or a desk used by an employee.

E. An officer preparing to conduct a search by consent must take four steps:

1. Determine whether the premises are protected by the Fourth Amendment.


Some areas such as open fields and public places can be searched lawfully
without consent, search warrant, or arrest.

2. If the premises are protected by the Fourth Amendment, identify the person
lawfully entitled to possession at that time.

3. Obtain from that person a voluntary waiver of his/her rights to refuse a


search. The consent should also specify the scope of the search and be
documented on the LPD Consent to Search form, when practical.

2-2.6
4. Search within the limitations expressed or implied in the consent.
F. A search warrant is not necessary where a person who has authority or control over
the thing or place searched consents to the search.

1. Generally, such authority extends to a person who shares, uses, has access to
or control of the property.

2. If two people have joint ownership of the property, either may give consent.

3. A landlord, including a hotel or motel manager, cannot consent to a search


of a tenant’s premises unless the tenant has been evicted or has abandoned
the property.

4. A husband or wife, or one member of a cohabiting unmarried couple, may


consent to a search of areas in common ownership or use.

5. A parent may consent to a search of premises occupied by a dependent child.

6. An employee cannot give valid consent to a search of his employer’s


premises unless he has been left in custody of the premises.

7. An employer may generally consent to a search of premises used by


employees, except premises used solely be an employee (e.g., a locker).

G. Consent must be voluntarily given. If an officer requests consent from a citizen under
circumstances which a reasonable person would consider coercive, then officers
must seek a warrant. The officer may have the burden of demonstrating
voluntariness (Schneckloth V. Bustamonte, 412 U.S. 218, 1973).

H. A person who initially gives consent may withdraw it at any time. Officers shall then
secure the premises and secure a warrant.

IX. VEHICLE SEARCHES AND INVENTORY SEARCHES OF VEHICLES

In recent years, the U.S. Supreme Court has modified and expanded the conditions under
which officers may search vehicles. Warrantless searches of vehicles may take place under
many conditions and circumstances. It is imperative that officers understand the different
types of vehicle searches and their limitations

A. DEFINITIONS:

1. For the purpose of this section, a motor vehicle is any vehicle operating or
capable of being operated on public streets or highways, from trucks to

2-2.7
automobiles to mobile homes. A vehicle that has been immobilized in one
location for use as a storage facility or home is not a motor vehicle for
Fourth Amendment purposes.

2. For the purpose of this section, a search is an examination of a motor vehicle


with an investigative motive, that is, to discover evidence or to examine the
vehicle identification number (VIN) to ascertain ownership.

B. WHEN WARRANTLESS SEARCHES MAY BE PERFORMED:

If a vehicle has broken down, or is parked on private property and there is little
likelihood that the vehicle will be driven away, officers shall obtain a warrant to
search it. When executing a warrant, a search may extend anywhere within the
vehicle, unless limited by the warrant itself. In all other cases, vehicles may be
searched without a warrant:

1. Custodial arrests

Officers may search a vehicle without first obtaining a warrant if:

a. No opportunity exists for securing the warrant

b. The search is made pursuant to a full custodial arrest of a person who


is inside of or beside a vehicle at the time of arrest

c. The search is based upon probable cause (See G.O. 2-6, Searches
Incident to Arrest)

LIMITATIONS: Officers searching vehicles under the above circumstances must


limit their search as follows:

a. To the entirety of the person arrested.

b. To the passenger compartment of the auto and the area in the


immediate control of the person being arrested from which he could
reach for a weapon or for evidence of a crime. The search may
include open or closed containers in the passenger compartment.

c. The search may not extend to the trunk unless probable cause has
been established during the search incident to an arrest that
contraband, weapons, fruits or instrumentalities of the crime are
located there.

d. The search incident to custodial arrest legally can be undertaken to

2-2.8
protect the officer, prevent the suspect from escape, and to prevent
destruction of evidence.

2. Probable Cause

Apart from custodial arrest, officers may search a vehicle without a warrant
if:

a. Probable cause exists that the vehicle contains evidence of an illegal


act, and

b. The vehicle is moving or capable of being moved quickly, so that if


the officer does not search it immediately, evidence could be
destroyed or lost.

c. When officers have probable cause to believe that contraband is


concealed somewhere within a vehicle, they may conduct a
warrantless search of the entire vehicle, including all containers and
packages that may conceal the object of the search. If however,
probable cause is directed at a specific container within the vehicle,
an officer may seize the container and must obtain a warrant before
searching it.

3. Consent

a. When consent has been obtained from the driver, officer may search
the vehicle subject to any limitations specified by the consenting
person. Consent shall be obtained in writing, if feasible.

b. During a consent search, containers may be opened provided that the


terms of the consent either so permit or reasonably imply permission

4. Frisk for weapons

A frisk for weapons shall be confined to the driver and/or passenger area.
Any place not immediately accessible to the occupants, such as a locked
glove compartment, shall not be searched during the frisk. If the contents of
a container are immediately accessible to the subject, a closed container may
be searched for weapons. Note: An officer can order the suspect from the
vehicle and frisk both the suspect and the vehicle.

5. Emergency search

An emergency search of the vehicle may be conducted but the extent of the

2-2.9
search must not exceed whatever is necessary to respond to the emergency.

If the initial search under the above conditions gives rise to probable cause that evidence, contraband,
fruits or instrumentalities of the crime might be found elsewhere in the vehicle, the officer may search
those areas that might reasonably contain such items.

C. PROCEDURES FOR LOCKED CONTAINERS:

1. Locked containers shall be opened only under a warrant, or

2. Under consent

D. CONDUCT OF THE VEHICLE SEARCH

1. When possible, searches of vehicles shall be contemporaneous with the


stopping or discovery of the vehicle. As a general rule, vehicle searches
shall be conducted as soon as reasonably possible.

2. When possible, officers shall avoid damaging a vehicle or its contents, and
shall minimize the intrusiveness of the search and any inconvenience
suffered by the passengers or owner.

3. As vehicles may contain sharp or pointed objects, and perhaps even syringes
or other materials with body fluids on them, officers shall take precautions
to minimize exposure to communicable diseases (See G.O. 2-35).

E. INVENTORY SEARCHES OF VEHICLES:

The department requires officers to inventory any lawfully impounded vehicle, or a


vehicle removed from the street and placed in police custody for the purposes of
police management. Any evidence or contraband found during the inventory may
be used to formulate probable cause for a subsequent search or arrest. Vehicles shall
be inventoried per departmental procedure, which requires an inventory of the entire
contents, including closed containers (provided they can be opened without
breakage). The purpose of an inventory is to ensure safekeeping of private property
and to protect the department from liability. In order to justify an inventory of a
vehicle:

1. Officers must have lawful custody of it.

2. The inventory shall be conducted pursuant to departmental policy.

3. The scope of the inventory shall be limited to those parts of a vehicle likely
to conceal important or valuable items. Closed containers may be examined
if they are likely to contain valuable property.

2-2.10
4. The vehicle and its closed containers shall not be damaged.
Appendix A
Affidavits for Search Warrants

A. How to obtain a search warrant

1. Where to obtain a search warrant

A search warrant may be obtained from any of the following three sources,
according to Code of Virginia, Section 19.2-52:

(1) any judge;


(2) any magistrate; or
(3) any other person having the authority to issue criminal warrants.

B. Affidavits: Section 19.2-54 of the Code of Virginia requires that before the issuance
of a search warrant, an affidavit must be filed and sworn to before a judge or
magistrate. State Form DC-338 7/12 or later revision will be used for this purpose.
A sample affidavit is found in the appendix to this instruction.

NOTE: THE SEARCH WARRANT MUST BE OBTAINED IN THE


JURISDICTION WHERE THE PLACE OR PERSON TO BE
SEARCHED IS LOCATED.

1. The affidavit must include the following elements:

a. a description of the place, thing, or person to be searched;

b. a description of the things or persons to be searched for;

c. a substantial allegation of the offense in relation to which the search


is to be made;

d. an allegation that the object, thing or person to be searched


constitutes evidence of the commission of the offense; and

e. material facts which would show that there is probable cause for
issuing the search warrant.

2. Discussion: Description of place

a. In describing the premises to be searched, an officer should describe


the appearance of the building, give its address, state that the search

2-2.11
is to include the curtilage and outbuildings thereon, and give the city,
town or county in which it is located. For example: "A two-story,
red brick building with a green roof and green shutters, located at
410 Elm Street, Richmond, Virginia, the property of John Doe. The
search to include the dwelling, the curtilage, and any out-buildings
thereon."

(1) Curtilage is defined as the piece of ground within a fenced


yard.

b. The affidavit must describe the place, thing or person to be searched


with enough detail that when the description is transferred to the
search warrant, the officer executing the search warrant can find and
identify what is to be searched without an unreasonable amount of
effort.

3. Discussion: Description of person

a. A person who is to be searched must be described in the affidavit so


that he may be identified with reasonable certainty. His name must
be given if it is known. If his name is not known, he may be called
"John Doe," but the officer must describe what the person looks like
and the place where he can be found. For example: "John Doe, a
white male with black wavy hair and a stocky build observed using
the telephone in Apartment 4-C, 1806 Patricia Lane, Richmond,
Virginia."

b. A police officer is permitted to search for and seize four kinds of


property under '19.2-53. They are the following:

(1) Weapons or other objects used in committing a crime. These


are known as "instrumentalities" of a crime.

(2) Things illegal to sell or possess. These are known as


"contraband."

(3) Things that have been stolen. These are known as the
"fruits" of a crime.

(4) Anything that is evidence of the commission of a crime, for


example documents, bloody clothing, or body fluids.

5. Discussion: Description of the offense

2-2.12
The affidavit must describe the offense in relation to which the search is to
be made. The description may be in brief, general terms. It is not necessary
to use legalistic language or to refer to any specific section of the Code.

6. The affidavit must be supported by probable cause. See GO 2-4 for a


definition. The officer must allege in the affidavit enough particular facts so
that the magistrate may decide if the search will likely result in successful
seizure. Two kinds of facts must be considered:

a. the facts from which the officer concluded that the person or thing is
probably located at the place to be searched; and

b. the facts which address the reliability of the source of the officer's
information.

c. The court can consider only those facts presented in the warrant and
affidavit.

d. Conclusions and suspicions are not facts.

e. Facts must be recent.

(1) Before a search warrant can be issued, the magistrate must be


satisfied that probable cause to search exists at the time the
warrant is issued. His conclusion that probable cause does
exist must be based upon facts reasonably related in time to
the date of the issuance of the warrant.

f. Example of sufficient facts justifying probable cause:

(1) "On June 6, 1972, a reliable informer advised the affiant that
during the past 24 hours the informer had observed a
quantity of heroin and a large supply of hypodermic syringes
in the premises to be searched." The affidavit was held to be
sufficient since facts were alleged to show how the informant
concluded that marijuana was on the premises. Warren v.
Commonwealth, 214 Va. 600, 601, 202 S.E. 2d 885, 886
(1974).

g. Example of insufficient facts:

(1) "Information received from CIA Agent Herb Hicks


(indicated) that marijuana was kept in apartment." The
affidavit was held to be insufficient. The officer stipulated

2-2.13
where the information came from, but he did not allege any
facts showing how the informant knew that the marijuana
was in defendant's apartment. Stallworth v. Commonwealth,
213 Va. 313, 191 S.E.2d 738 (1972).

7. Reliability of facts

a. Personal observation by police is considered reliable.

b. Eyewitnesses:

Where the search warrant affidavit discloses that the information


came from the victim of a crime or from an eyewitness, and the
information appears reasonable, the magistrate may infer that it is
reliable because it was based on first-hand knowledge.

c. Informants

(1) If there is no reason to hide the name of an informant, an


officer should give the informant's name in the affidavit or
let the informant fill in an affidavit himself. There is no
reason not to disclose the informant's name, for example, if
he is willing to testify in court.

(2) Concerning unnamed informants, see GO 2-12. When


referring to unnamed informants, officers must rely on a
magistrate to make a practical common-sense decision
whether, given all the circumstances set forth in the affidavit
before him including the "veracity" and "basis of knowledge"
of persons supplying hearsay information, there is a fair
probability that contraband or evidence of a crime will be
found in a particular place, (Illinois v. Gates, 462 U.S. 213
(1983). If an officer relies on information for proving
probable cause given by an unnamed informant, in his
affidavit he shall allege the following:

(a) the facts from which the informant concluded that the
thing to be searched for is probably on the person or
premises to be searched (these are the same kind of
factors that must be alleged if they came from police
observation or from a named informant) and,

(b) based on the totality of the circumstances, facts from


which the officer concluded that

2-2.14
i) the informant is credible; or
ii) the information furnished by the informant is
reliable.

(3) Informant reliability may be established by:

(a) The informant has given reliable information in the


past.

(b) The informant is a private citizen whom the officer


knows or who has a reputation for truthfulness.

(c) The informant states that he himself has participated


to some extent in the illegal activity.

(d) The information that one informant gives is


corroborated by another informant.

(e) The information given by the informant is


corroborated by police surveillance.

2-2.15
SAMPLE SUFFICIENT AFFIDAVIT

State of Virginia

City/County of ____________________________________________________

Before me, the undersigned, this day came I. M. Best, who, after being duly sworn, made oath that:

1. The offense in relation to which the search is to be made:

Possession and distribution of controlled drugs.

2. The description of the property to be searched:

Controlled drugs and drug paraphernalia.

3. The description of the place to be searched:

Apartment D, occupied by Melvin Watson, including its curtilage, at 313 West 27th
Street, Lawrenceville, Virginia. This apartment being the end upstairs dwelling in
this red brick multi-unit apartment building.

4. The material facts constituting probable cause for the issuance of a search warrant:

On January 5, 1975, I received information from a reliable informant who states that
he was at the apartment of Melvin Watson, 313 W. 27th Street, Lawrenceville,
Virginia, this past week and he saw a large quantity of marijuana in a chest in the
front room and also some marijuana was in a dresser drawer in the middle room.
My informant also states that in the past month he has smoked marijuana in
Watson's apartment and in the past month he has made two purchases of marijuana
from Melvin Watson.

5. The property to be searched for constitutes evidence of the commission of the offense.

______________________________
Signature of the Affiant

Subscribed and sworn before me on ______________________________

______________________________
Magistrate

2-2.16
NOTE:This affidavit illustrates several points:

1. When describing the offense, it is not necessary to give the section of


the Code.

2. When searching for contraband, the description need not be in detail


as would be the case when searching for stolen property.

3. The place to be searched is a multiple-occupancy structure and the


particular sub-unit is described.

4. The probable cause rests upon information from an unidentified


informant. The affidavit shows that the informant knew where the
narcotics were by personal observation, and that the informant is
reliable because he made an admission against his interest.

2-2.17
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: FIELD INTERVIEWS; NUMBER: 2-3
STOP/FRISK
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.2-3 (1/03) _______________________________________
Chief of Police
VLEPSC STANDARDS: ADM.02.02,
02.03

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Field interviews
Frisks
Investigative detention
Stops, investigative

I. POLICY:

The department expects and encourages officers to conduct field interviews. A field
interview is a lawful stop of a citizen for investigative purposes. Officers shall document
stops for the purposes of identifying a suspect, witness, or victim, or for crime prevention,
intelligence gathering, or community relations. The department further expects officers to
gather information with proper observance of constitutional safeguards. Strict constitutional
guidelines exist that protect both the civil rights of citizens and the rights of officers to
obtain information crucial to the reduction and prevention of crime. Further, field
interviews frequently contribute to the building of a reasonable suspicion or even probable
cause to arrest or conduct a search. The only restricted search that normally accompanies
field interviews, the frisk or pat-down, may be performed when the officer suspects the
presence of a weapon.

2-3.1
II. PURPOSE:

To establish policy and procedures for conducting field interviews and an


accompanying frisk for weapons.

III. DEFINITIONS:

A. Making the field contact; conducting the interview

1. Officers may make field contacts when they reasonably believe that some
investigative inquiry is warranted. The Supreme Court stated, in Terry v.
Ohio, that an officer "may in appropriate circumstances and in an
appropriate manner approach a person for the purposes of investigating
possible criminal behavior even though there is not probable cause to make
an arrest."

2. A field interview, therefore, requires voluntary cooperation from the citizen.


In the absence of probable cause to arrest, the citizen may discontinue the
interview at any time and leave. The citizen may also refuse to produce
identification or otherwise identify himself/herself. A distinction is drawn
herein between a field interview or contact (which is made to resolve an
ambiguous situation) and a stop (or a brief detention of a person because of
suspected criminal behavior).

3. Officers must be able to articulate the circumstances that warranted the stop
of the citizen. The circumstances constitute the officers' reasonable
suspicion. In court--should a field interview result in an arrest--an officer
must justify his/her intrusion by describing "specific and articulable facts
which, taken together with rational inferences from those facts, reasonably
warrant that intrusion." Articulable circumstances derive from:

a. firsthand observations;

b. hearsay, as from informants;

c. "collective knowledge" or information shared by several officers


(example: An officer may make an arrest or conduct a search at the
request of another agency without knowing all of the facts which
prompted the request.);

d. totality of facts and circumstances. The department encourages


officers to question persons whose behavior, conduct, or mere
presence at a particular place and time does not match the officer's
notion of what is appropriate for the place and time.

2-3.2
B. Field interviews and field interview contacts serve as:

1. A source of information.

The field inquiry is based on the principle that the opportunity to


apprehend criminals and to prevent crime increases with the number
and frequency of persons interviewed. One way an officer can
increase his skill as an observer is to obtain information from
persons living or working within his patrol area.

2. A means of identifying the suspect.

An on-view arrest is not always based upon the immediate


recognition of a wanted criminal. Frequently, it is the outgrowth of
the action taken by a police officer who stops to question a person
who has aroused his suspicions. Information obtained during a field
contact may also be used at a later date to identify a criminal.

3. A means of obtaining suspects or witnesses.

The value of reported field inquiries becomes very pronounced when


a crime is committed and there are but a few investigative leads.
The investigator must then rely on the field interview reports to sift
out useful information. A review of these reports will show if
anyone had been questioned in the vicinity at the approximate time
of the crime.

C. Place of the interview

1. As a general rule, field interviews may be conducted anywhere the


officer has right to be, including:

a. town-owned or controlled property normally open to


members of the public;

b. areas intended for public use or normally exposed to public


view;

c. places to which an officer has been admitted with the consent


of the person empowered to give such consent;

d. places where circumstances require an immediate law


enforcement presence to protect life, well-being or property;

2-3.3
e. areas where an officer may be admitted pursuant to a lawful
arrest or search warrant;

f. any other area in which an officer may effect a warrantless


arrest.

2. Field contacts shall not be done to coerce a person to leave an area or


place where he or she has a legitimate right to be and no violation of
law has occurred.

D. Conduct of interviews

1. As noted above, a person interviewed by the officer may discontinue


the interview at any time. Further details of frisk requirements are
found under Section IV of this instruction. To repeat, during a
routine field interview, persons shall not be detained in any manner
against their will, nor shall they be required to answer questions or
respond in any manner if they choose not to do so. The fine line
drawn between a field contact and a stop and frisk must be strictly
observed to avoid accusations of harassment. Since the distinction
between a "contact" and a "stop" depends to a great extent on
whether, under the circumstances, the citizen perceives that he or she
is free to leave, officers shall comply with the following guidelines:

a. All requests during the contact should be phrased with


neutral or optional words, such as "may," "can," etc.

b. Abrupt, short responses which could be misunderstood and


requests which could be misinterpreted as commands must
be avoided.

c. The duration of a contact should be as brief as possible.

2. The success or failure in obtaining information beneficial to crime


analysis and criminal investigation will depend upon an officer's
ability to put citizens at ease and establish a rapport. However,
during a field contact, if the person should ask whether he must
respond, or indicate that he feels compelled to respond, the officer
shall immediately inform him (or her) of the right to refuse, as well
as the right to leave. Where citizens refuse or cease to cooperate
during a contact, the refusal itself cannot be used as the basis for
escalating the encounter into a stop and frisk.

2-3.4
IV. STOP AND FRISK OR INVESTIGATIVE DETENTION:

A. The legal authority to stop and frisk is defined by Virginia Code as a temporary
detention of a person to investigate suspected criminal activity is controlled by the
Fourth Amendment.

B. Investigative detention involves two distinct acts: (1) the stop and (2) the frisk.

C. Stop - The detention of a subject for a brief period of time. In order to make the
stop, the officer must have reasonable suspicion to believe that criminal activity is
afoot and that the person to be stopped is involved. The courts have ruled that the
following factors may be considered in building a reasonable suspicion.

1. Officer has knowledge that person has a felony record.

2. A person fits the description of a wanted notice.

3. A person has exhibited furtive conduct, such as fleeing from the presence of
an officer or attempting to conceal an object from the officer's view.

4. Clothing worn by a person is similar to description given in a lookout for a


known offense.

5. The officer observes a vehicle that is similar to that of a broadcast


description for a known offense.

6. A person exhibits unusual behavior, such as staggering or appearing to be in


need of medical attention.

7. The area and time of day, such as a person observed in a public area with a
history of recurring crime during the same time as that of the stop.

8. Hearsay information is acceptable. In order for the information to be


credible, the officer must have some means to gauge the reliability of the
informant's knowledge.

D. Frisk- Should the officer reasonably believe that the person stopped intends to do
him/her bodily harm or is carrying a concealed weapon, the officer may conduct a
limited search of the person's outer clothing for weapons. The courts have held that,
in the case where the subject was wearing a heavy overcoat, the officer was proper
in having the subject remove the coat so that he may be patted down.

2-3.5
E. Protective search.

Under some conditions, the protective search, the search for weapons, may be
extended beyond the person detained. Such a search occurs most often involving
vehicles. A lawful protective search for weapons, which extends to an area beyond
the person in the absence of probable cause to arrest, must have all of the following
elements present:

1. A lawful investigative stop as defined herein or a lawful vehicle stop.

2. A reasonable belief that the suspect poses a danger.

3. The search must be limited to those areas in which a weapon may be placed
or hidden.

4. The search must be limited to an area which would ensure that there are no
weapons within the subject's immediate grasp.

F. Period of detention.

Investigative detention--as with non-criminal field interviews--must be conducted as


briefly as possible. Once the detaining officer determines that his/her basis for
reasonable suspicion no longer exists, the person detained shall be immediately
released. Should the suspicion be reinforced with additional information or the
officer develops probable cause, the period of detention could be lengthened. The
courts generally permit up to 20 minutes to constitute a reasonable period of time
for the interview.

G. Recording the stop.

1. Field interview contact information will be completed for each person an


officer stops for an interview.

2. Field interview contact information may be completed on a subject who is


stopped for a traffic violation if the situation warrants, according to the
officer's judgment.

3. Field interview contact information may also be used to document field


observations. In these instances, the officer shall fill out as completely as
possible, using prior knowledge and current observations of the person or
vehicle. This will eliminate the necessity of asking the dispatcher to log
people or vehicles at specific locations. Examples of instances when the
field observation contact documentation shall be used include, but are not
limited to, the following:

2-3.6
a. An officer stops a person for the purpose of conducting a field
interview who refuses to give the officer any information and the
officer has no reasonable cause to pursue the matter further.

b. An officer wishes to make note of a person in a specific place at a


certain time, and the officer has completed a field interview contact
on the same person on another occasion.

4. Field interview contact information will be maintained in the IBR system.


The information from the interview shall remain available for the use of all
officers.

2-3.7
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: Detaining Situations NUMBER: 2-5
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.02-04 (1/03) _____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.10.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's
civil or criminal 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 this department, and then only in a non-
judicial administrative setting.

INDEX WORDS:

Detention of Arrestees

I. POLICY:

The Lawrenceville Police Department does not maintain a formal lockup (holding
facility); however, the police department recognizes that when an individual is not
allowed to leave freely (those under arrest or juveniles in need of services) the
individual is in what is described as a “Detaining Situation.”

II. PURPOSE:

The purpose of this policy is to set guidelines as to how to handle an individual who
is not allowed to leave.

III. PROCEDURE:

A. Location:

1. When an officer brings a person (detainee) to the police department


or is with an individual who is:

2-5.1
a. In custody, under arrest;

b. A juvenile and in need of services according to State Code


16.1-246;

c. Being interrogated and not free to leave whenever he/she


wishes to.

2. The officer will, as soon as possible, transport the arrestee to the


Regional Jail, or if a juvenile, the Detention Home. If applicable
juvenile will be released to parent.

3. The officer will be within an area of the detainee such that he can
effect immediate intervention with the prisoner in the event of
attempted escape or injury to themselves or others.

4. If the officer must leave, for any reason, the officer will only
leave if the custody/control of the detainee is taken over by
another police officer.

Note: THERE ARE NO EXCEPTIONS TO THIS GENERAL


ORDER.

B. Search of Detainee:

All detainees will be searched at the police department, either:

1. The moment they are placed under arrest in the police


department; or;

2. Upon entering the police department.

Note: This is in addition to any searches done on the scene, prior to


transport, etc.

C. Processing Detainee:

Any person under arrest who is being processed (fingerprinted) will be taken
to the processing room and the arresting officer will secure his/her duty
weapon in the lock box provided, prior to processing the individual.

For further information on processing, refer to G.O. 2-4, Arrests.

2-5.2
D. Detainee Records:

The only record made that an individual was detained will be those that are
noted in the officer’s folder and those logged in the department’s computer
system. This information will only be given out on a need to know basis.

E. Training:

This general order will be the only training given on “Detaining Situations”
and will be given out to all police officers as well as being posted in the
processing room.

2-5.3
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDER
SUBJECT: SEARCH INCIDENT TO NUMBER: 2-6
ARREST
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.02-05 (1/03) ______________________________________
Chief of Police
VLEPSC STANDARDS: ADM.02.02

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Use of force during a search


Search incident to arrest
Search procedures
Strip searches

I. POLICY:

Officers who develop reasonable suspicion that a crime has been committed may
make investigative stops of citizens and under probable cause may make arrests or conduct
searches. The department encourages investigations and expects officers competently and
knowledgeably to search whenever the occasion arises. Consistent with the policies of
General Orders 2-1 through 2-4, officers shall not conduct general exploratory searches but
shall adhere strictly to constitutional guidelines.

II. PURPOSE:

To establish guidelines for the search of person(s) who are placed under arrest and
taken into custody.

2-6.1
III. PROCEDURE:

A. General:

The Fourth Amendment to the U.S. constitution states in part, "The right of the
people to be secure in their persons, houses, papers and effects against unreasonable
searches and seizures shall not be violated."

The general rule is that a reasonable search may follow a valid arrest. The officer
has the authority to make a search which may extend to articles carried by the
suspect, and the suspect's immediate surroundings.

B. Time and place of search incident to an arrest:

A search incident to an arrest must occur in such a way that it and the arrest are part
of a continuous, uninterrupted transaction. Two things are necessary for this to
occur:

1. The search must be made as soon as practicable after the arrest.

2. The search must be made at or near the place of the arrest.

These two things have been fulfilled if the police officer takes the arrested
person to the station house or to another detention center to be searched.

C. When a search before an arrest is valid:

A search incident to an arrest is normally required to follow the arrest. A police


officer cannot make a search of a person without probable cause and then arrest the
person if something incriminating turns up.

A search before an arrest is valid only if:

1. Probable cause for the arrest existed before the search began; and

2. The search and arrest occur almost at the same time.

D. Use of force:

A police officer conducting a search incident to an arrest is permitted to use


whatever degree of force is reasonable and necessary. If he or she used an
unreasonable amount of force, the search is unlawful.

Officers are reminded that the use of deadly force to prevent the escape of a fleeing

2-6.2
felon may constitute an unreasonable seizure under the Fourth Amendment
(Tennessee v. Garner). The courts have extended the logic of the Garner decision to
the use of any excessive force during an arrest.

E. Scope of search:

A police officer making a search incident to an arrest may search only the following
places:

1. The entirety of the person being arrested; and

2. The area in the immediate control of the person being arrested into which he
could reach for a weapon or for evidence. The purpose of this search must
be to:

a. protect the officer;

b. prevent escape; or

c. prevent the destruction of evidence.

3. Accessories carried by the suspect may be searched incident to a full


custodial arrest, for they are within the area in which the defendant might
reach to grab a weapon or an item of evidence.

F. Strip searches:

Strip searches are governed by Code Section 19.2-59.1. They:

1. May not be conducted of persons arrested for traffic violations, Class 3 or 4


misdemeanors, or violations of county or town ordinance which are
punishable by less than 30 days in jail, unless there is reasonable cause to
believe on the part of the officer that the person is concealing a weapon.

2. Must be performed by persons of the same sex as the person arrested and on
premises where the search cannot be observed by persons not physically
conducting the search.

3. A search of any body cavity must be performed under sanitary conditions


and a search of any body cavity other than the mouth shall be conducted
either by or under the supervision of medically trained personnel. See 19.2-
59.1 for definition and exceptions.

2-6.3
G. What may be seized:

1. During a search incident to an arrest, a police officer may seize the


following things:

a. Anything in the permissible area (See Section D above) that is


evidence of the offense for which the officer has probable cause to
make the arrest.

b. Anything in the permissible area that is evidence of any other


offense.

c. Anything else which is outside the permissible area that is evidence


of the offense for which the officer makes the arrest or of any other
offense if:

(1) The evidence is in plain view of the spot where that officer
makes the arrest; and

(2) The officer's discovery of the evidence is inadvertent, that is,


the officer neither knows the location of the evidence nor
intends to seize it before he goes to make arrest.

H. Searches incident to an arrest are legal. The Attorney General has decided that
searches incident to lawful arrest are not prohibited by Code Section 19.2-59 which
provides that no law enforcement officer shall conduct a search unless he has a
search warrant issued by the proper officer. The opinion was provided to the
Department of State Police in 1976.

IV. SEARCHES OF PRISONERS - PROCEDURES

The department advocates the following method of searching arrested persons:

1. Wall search: Place the suspect with hands high on a wall or other vertical
surfaces and extended approximately three feet apart. Do not allow him to
place his palms flat on the wall: have him extend his fingers. The feet
should be positioned one of two ways. The first method is to separate the
feet wide apart; the other is to make the suspect cross his legs. His legs
should be far enough away from the wall so that the suspect would not have
significant balance to push away from the wall with any force. The suspect's
back should be in a straight line with the legs and not be arched. When
searching the suspect's left side, the officer's left leg should be placed aligned
with the middle of the suspect's back. With proper hand and foot location,
the officer maintains complete control. With this approach, the officer

2-6.4
searches with one hand.

Search the following:

a. Hair
b. Open mouth (have suspect open mouth; officer checks visually)
c. Collar
d. Back of neck
e. Both arms
f. Armpits
g. Chest
h. Back
i. Waistline (feel inside the pants)
j. Inside belt
k. Crotch
l. Down both legs
m. Cuffs
n. Socks
o. Inside shoes

2. Body cavity search: Body cavity searches other than the mouth will be
conducted either by or under the direct supervision of medically trained
personnel and only when there is probable cause to believe a particular
prisoner may be concealing contraband within a body cavity or otherwise on
his or her person. Such searches will be conducted only in extreme
emergencies to protect the lives of prisoners or to prevent serious breaches
of security. Body cavity searches shall only be conducted by authority of
the Chief of Police. Should a body cavity search become necessary, the
following procedures will be followed:

a. The officer will inform the prisoner of his intention to conduct a


body cavity search thus giving the prisoner the opportunity to
voluntarily surrender the suspected contraband.

b. The prisoner shall remove every article of clothing including wigs


and dentures and shall give them to the officer for inspection.

c. Should the prisoner resist the cavity search and become violent,
additional officers of the same sex as the prisoner shall restrain the
prisoner and assist in stripping. Only sufficient force will be applied
to complete the search in accordance with the procedure set forth.

d. Should a prisoner resist a cavity search and insufficient number of


the same sex are available to restrain the prisoner, the following

2-6.5
procedures will be followed:

(1) Officers of the opposite sex may be called upon to subdue


the prisoner, before he or she is stripped.

(2) Officers shall subdue the prisoner and apply the necessary
restraints (handcuffs, shackles, etc.), then leave the room.

e. In all cases, body cavity searches will be conducted only when


considered absolutely essential and probable cause exists, and will be
conducted so as to afford a minimum of embarrassment and
maximum privacy for the prisoner.

2-6.6
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: PEPPER SPRAY NUMBER: 2-7A
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.2-6 (1/03) ______________________________________
Chief of Police
VLEPSC STANDARDS: ADM.05.01,
ADM.05.02, ADM.05.03, ADM.06.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

POLICY GUIDELINES ON USE OF PEPPER SPRAY

I. General Principles

Pepper spray is a liquid spray containing oleoresin capsicum in sufficient concentration


to produce a short period of pain, gagging, and loss of vision. Federal and state laws on use of
force do not regulate the use of pepper spray by name. However, the following general
principles apply to all use of force by law enforcement officers including the use of pepper
spray.

The law requires all citizens to submit peacefully to arrest and to cooperate with lawful
orders of an officer during the arrest and custody process. Citizens must also refrain from
conduct that reasonably appears to create an imminent threat of physical harm to an officer in
the performance of lawful duty. Reasonably necessary force can be used to overcome resistance
to lawful arrest, to enforce compliance with lawful orders of custodial officers, or to prevent
physical injury to the officer or others.

All force must be reasonably proportionate to the apparent need to overcome resistance
to arrest or defend against an imminent threat of physical injury. Unreasonable and excessive
force is never justified, nor is any force allowed to take action an officer knows, or reasonably
should know, is unlawful. Pepper spray cannot be used against a citizen who peacefully submits

2-7A.1
to arrest and complies with lawful orders during an arrest or stop.

Citizens have a right to express verbal disagreement with an officer's actions and no force
can be used in response to offensive language alone. Pepper spray cannot be used to retaliate
against language that is merely offensive but is not imminently threatening.

All officers shall receive training on the use of pepper spray during recruit training.
Officers will undergo refresher training at a minimum, biennially, or as directed by the Chief of
Police.

II. Rules on Pepper Spray - The Use of Force

Pepper spray used in compliance with these guidelines is lawful non-deadly force.
Pepper spray used in compliance with these guidelines is authorized to effect a lawful arrest, to
prevent escape from lawful custody, or to defend the officer or another from what the officer
reasonably believes is the imminent use of physical force.

Rule A.

Pepper spray cannot be used against a person who:

1. Submits peacefully to arrest and complies with lawful commands during a lawful
arrest; or

2. Complies with lawful commands during a valid investigative stop or stop for
citation purposes, or while in custody or detention; or

3. Is expressing mere verbal disagreement that does not threaten or incite others to
threaten an officer and is not significantly delaying or obstructing discharge of
duty.

Rule B.

1. Verbal persuasion (verbalizing) and a warning are required before use of pepper
spray if circumstances allow verbalizing and warning without risk to the safety of
the officer or others. Verbalizing and warning are not required when the
defendant resists "soft hand" techniques, or resists more substantial force, or when
there is a risk to the safety of the officer or others if use of pepper spray is
delayed.

2. Non-threatening suspects who do not pose a significant risk to officer safely


should not be sprayed unless verbalizing, warning, and "soft hands" have been
attempted and resisted. This category includes suspects who are non-threatening
and are very young, or old, or infirm or disabled in an obvious manner.

2-7A.2
Rule C.

A person who refuses to submit peacefully to lawful arrest, or attempts to escape from
lawful custody, or refuses compliance with lawful orders during arrest, detention or
custody is subject to the use of pepper spray:

1. After the officer has attempted "soft hands" techniques and the arrestee
resists that attempt; or

2. When the officer reasonably believes the use of "soft hands" techniques will
jeopardize the officer's safety; or

3. When the circumstances reasonably indicate that attempting "soft hands" control
may lead to an escalation of force and accompanying risk of serious physical
injury to the person arrested or to any officer.

Rule D.

A person who assaults an officer, or whose conduct reasonably appears to be an


imminent threat to the safety of the officer or someone else, or who resists "soft hand"
techniques, or flees from lawful arrest or custody, is subject to use of pepper spray.
Verbalizing and warning are not required.

Definition: "Soft hand" techniques include any touching or attempted touching by an


officer, such as applying moderate pressure to turn, guide, or escort the person being
arrested. Wrestling a suspect, pulling a suspect, and bending arms for handcuffing are
higher levels of force than "soft hand" techniques.

III. Caring For Prisoners After Pepper Spray Use

A. If circumstances allow, do not attempt to forcibly handcuff a sprayed prisoner


immediately after spraying. Give the prisoner a brief opportunity, about 30 to 60
seconds, to react to the spray and overcome gagging or coughing. This gives the
prisoner an opportunity to overcome the temporary effects of pepper spray on the
respiratory system unaffected by the physical stress of handcuffing.

B. Rinse the affected areas with water or other solution recommended by the
manufacturer. Pour the liquid over the bridge of the nose so that it floods both
eyes. Encourage the prisoner to blink his eyes repeatedly. Follow the
recommendations of the spray manufacturer for decontaminating a prisoner.

C. Tell the prisoner that he is O.K. and will stop gagging soon. Assure the prisoner

2-7A.3
the pain will end soon and he will stop hurting.

D. Officers may handcuff a prisoner with hands in front if that is reasonably safe
under the circumstances and allow the prisoner to remove contact lenses. Trained
medical personnel may be able to help remove contact lenses from a sprayed
prisoner.

E. Expose the sprayed prisoner to fresh air and ventilation. If circumstances permit
after handcuffing the prisoner, delay putting the prisoner in a car for
transportation until the pepper spray has had a chance to dissipate. This delay
may be as long as 15 minutes, if the safety of officers is not at risk.

F. Tell the prisoner to remove and wash contaminated clothing. Give the prisoner
an opportunity to wash affected areas with soap and water after arriving at a
holding or detention facility.

G. Officers should initiate immediate medical attention when:

1. gagging or breathing difficulties persist beyond an initial period of 2 to 4


minutes; or

2. the prisoner loses consciousness, sweats profusely, appears very sick; or

3. still significantly suffers from the effects of pepper spray more than 45
minutes after contamination.

H. If a prisoner complains of any medical problem, he/she shall be seen by medical


personnel. Advise the prisoner that any cost of medical care will be the prisoner's
responsibility and will not be paid by the law enforcement agency.

I. Ask if the prisoner suffers from bronchitis, asthma, or emphysema, or similar


respiratory disease. If the answer is affirmative, initiate immediate medical
attention - E.M.T., Rescue Squad, or the Emergency Room.

2-7A.4
LAWRENCEVILLE POLICE DEPARTMENT

GENERAL ORDERS
SUBJECT: ELECTRONIC Number: 2-7B
CONTROLLED DEVICES (ECD)
EFFECTIVE DATE: REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
ADM.2-6 (1/03) _________________________________
Chief of Police
VLEPSC STANDARDS: ADM.05.02, ADM.06.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

I. Purpose
The purpose of this policy is to provide officers with guidance and direction on the use of
Electronic Control Devices (ECD).

II. Policy
It is the policy of the Lawrenceville Police Department to use only the level of force
reasonably necessary to control or otherwise subdue violent or potentially violent
individuals. Electronic Control Devices have been proven effective in furtherance of this
policy, and are authorized for use in appropriate circumstances by trained personnel.

III. Procedure
A. Authorized Users

1. Only officers who have successfully completed an ECD training course shall be

authorized to carry ECD systems.

2. All personnel authorized to carry these devices shall complete in-


service refresher training as directed.

2-7B.1
B. Device Readiness
1. The ECD will be only carried by authorized officers in an approved holster. This
holster shall be worn on the officer’s support side.
2. The device shall be carried fully armed with the safety on in preparation for
immediate use when authorized.
3. Officers approved to use the device shall be issued a minimum of one spare
cartridge as a back up in case of cartridge failure or the need for reapplication.
The spare cartridge shall be stored and carried in a manner consistent with
training.
C. Deployment
1. Officers shall only utilize one ECD system against a suspect, unless the first
system fails to achieve the desired result. Additionally, officers should only use
the number of ECD applications necessary to bring the suspect into custody.

2. In preparation of deployment, the ECD shall be pointed in a safe direction, taken


off safe, and then aimed. Officers shall announce their intention to use the ECD
according to training guidelines. Center mass of the subjects back should be the
primary target while abdomen or the legs are secondary targets.

3. Officers shall attempt to secure the subject under power as soon as possible when
submission/compliance cannot be achieved through a minimal number of
applications.

4. Use of Force (ECD Probes) - The ECD probe delivery method is a use of force
option and should be considered non-deadly force. The decision to deploy an
ECD should require the same justification as any other non-deadly use of force
device. However, when determining whether to use an ECD, the totality of the
circumstances and the surrounding environment should be considered.

5. Use of Force (Drive Stun Mode) – The ECD drive stun delivery method is
considered non-deadly force. The ECD drive stun is used against a person to
cause diffused pressure and pain.

a) The ECD should only be deployed in the drive stun mode in exigent
circumstances. In this mode of delivery, the cartridge is removed and the unit
is pressed firmly into the following approved areas:

i. Brachial plexus tie-in (upper chest)


ii. Radial (forearm)
iii. Common peronial (outside of thigh)
iv. Tibial (calf muscle)
v. Carotid (sides of neck) (see warning below)
vi. Pelvic Triangle (see warning below)

WARNING:  If possible, avoid applying drive stun to neck or groin.  These areas
2-7B.2
are sensitive to mechanical injury (i.e., crushing to the trachea or testicles when
applied forcefully). These sensitive areas should only be targeted when officers
are defending themselves from violent attacks.
 
6. The officer must be familiar with the surrounding environment prior to deploying
the system. Officer should be cognizant that a suspect’s elevated position may
result in secondary injuries due to a fall after application of the ECD. The officer
must weigh the need for incapacitation against the need to prevent serious
bodily injury to the subject, civilians, and other officers.
7. Officers should be particularly cognizant of the potential for secondary injuries in
elderly persons who are incapacitated by an ECD system. Coexisting medical
diseases and/or increased possibility of bone fractures in the elderly require an
elevated level of justification prior to deploying the ECD system against them.
8. Officers should also be particularly cognizant of the potential for secondary
injury in pregnant women. Injury may occur to the unborn child due to a fall
onto the abdomen. The use of an ECD on persons known to be or thought probably
to be pregnant should be limited to those situations where such risks are deemed
necessary. A pregnant woman who has been subjected to an ECD application
must be evaluated at a medical facility.

9. There is no reason to suspect that juveniles would be likely to suffer injury if


exposed to an ECD. Officers must have an elevated level of justification prior to
utilizing the ECD on known juveniles.

10. Officers who use an ECD on persons exhibiting symptoms of mental health crisis
or drug intoxication should give particular consideration that these persons may be
experiencing or at an increased risk of developing excited delirium. Excited
delirium is a potentially fatal acute medical illness. Subjects who are exhibiting
signs or symptoms of excited delirium shall be evaluated at a medical facility.
Excited delirium should be strongly suspected in a subject who exhibits
unbelievable strength, little or no reaction to pain, ability to resist multiple
officers, excessive sweating, bizarre or violent behavior, aggression, extreme
paranoia, incoherent shouting, and destruction of property.

11. It shall be forbidden to use an ECD in the following circumstances:

A. In a punitive or coercive manner.

B. On a handcuffed or secured prisoner, absent overtly assaultive behavior


that cannot be reasonably dealt with in any other less intrusive fashion.

C. On any suspect who does not demonstrate an overt intention to (1) use
force or violence against the officer or another person, or (2) to flee in
order to resist or avoid detention or arrest (in cases where officers
would pursue on foot.)

2-7B.3
D. In any environment where an officer knows that a potentially flammable,
or volatile, or explosive material is present (including but not limited to OC
spray with volatile propellant, gasoline, natural gas, or propane.)

E. In any environment where the subjects fall could reasonably result in


death such as on an elevated structure.

12. The ECD should not be intentionally aimed at a persons head, neck or groin.

13. Using an ECD against an attacking animal may reduce the need for greater,
more injurious force against the animal. The use of an ECD on a large animal
should be based on the intent to provide a safer, more humane and less traumatic
conclusion to the incident.

A. An ECD may be deployed on a large animal when the animal is


threatening or is attacking a person, officer, or another animal.

B. The animal has attacked or is an active threat to a person, officer, another


animal, or has caused a continuing public nuisance, and the animal
needs to be captured for reason of public peace or safety, preservation of
property, or other legitimate purpose.

C. Center mass of the animal should be targeted. Care should be taken to


avoid the head and other sensitive areas on the animal. It is understood
that deployments against animals may be very dynamic in nature and
the probes may impact unintended areas.

D. Procedures for probe removal should take place as outlined herein.


Personnel will take reasonable measures to consider that the animal's welfare
is provided for, in the event that probes impact a sensitive area, or it
appears the animal's health is in jeopardy. It is generally understood that as
long as personnel acted appropriately, the animal's owner will be
responsible for any medical attention required for the animal.

D. Aftercare

1. Officers trained in the removal of probes may normally remove ECD probes
that are embedded in a subject's skin after the subject is properly secured. When
removing these probes, the officer should wear protective gloves. The officer
should grab the probe and pull it directly away from the subject’s skin, while
simultaneously supporting this skin with their opposing hand. Officers may call
fire and rescue to remove probes and dispose of the probes safely. The officer shall
clean the impact area onthe suspect with an antiseptic wipe, and then cover the
impact area with a band-aid.

2. Police Officers shall not remove probes if the subject objects, or if the probe is
embedded in a subject’s face, genital area, or in a woman’s breast. In these
instances, the subject shall be transported to a medical facility for the removal of the

2-7B.4
probes. Additionally, the following persons shall be transported to a medical
facility for examination following exposure to an ECD. Any person who:

A. Requests medical attention. (Officers shall ask persons if they desire


medical attention.)
B. The officer has difficulty removing the probes.
C. Does not appear to recover properly after being hit.
D. Has been energized more than 3 times.
E. Has been subjected to a continuous energy cycle of 15 seconds or more.
F. Any subject who is pregnant and has been energized with an ECD.

E. ECD Reporting Requirements

1. Any officer deploying an ECD whether intentionally or unintentionally shall


immediately notify his or her supervisor as soon as possible after using the
device.

2. The supervisor shall make proper notifications to department personnel per


current notification procedures.

3. A Use of Force Report shall be completed documenting the use of the ECD and
the removal of its probes. Reporting officer shall ensure that photographs are
taken of the affected area after the probes are removed and included in the Use of
Force Report.

4. Officers shall specifically articulate the rationale in their use of force report for
any instance in which: an ECD is energized more than 3 times, or when an energy
cycle longer than 15 seconds in duration is used.

2-7B.5
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: ASP Tactical Baton NUMBER: 2-7C
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.2-6 (1/03) _____________________________________
Chief of Police
VLEPSC STANDARDS: ADM.05.02; 06.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Baton, ASP Tactical

I. POLICY:

This policy addresses the training and use of the ASP tactical baton. The
Lawrenceville Police Department recognizes that the ASP baton is a less lethal weapon, but
the improper or unreasonable use of this weapon may cause serious injury or death. The
ASP baton should be used where lesser means of use of force have failed or appear
inappropriate.

II. PURPOSE:

The purpose of this policy is to establish guidelines governing the use of the
approved ASP baton. Officers will only carry the baton approved by the Chief of Police.

III. PROCEDURES:

A. All sworn personnel will be issued an ASP baton. The baton will be carried on the
person of all uniformed and non-uniformed personnel police personnel assigned

2-7C.1
functions that require a response to citizen calls for service, involve arrest
situations, or that otherwise deal directly with the public.

B. Training courses for initial certification, as well as re-certification will be governed


by training protocols established through the Criminal Justice Training Academy,
the Department of Criminal Justice Services, and approved by the Chief of Police.

Officers will undergo a recommended refresher training at a minimum, biennially,


or as directed by the Chief of Police.

C. The ASP baton is authorized to be used in the following circumstances in accordance


with training protocols:

1. In the officer’s defense or in the defense of another from physical assault or


threat,

2. In an arrest situation where the subject is physically resisting the arrest and
less restrictive measures, such as physical force, prowess and/or chemical
agents have proven to be, or appear to be inadequate to control the
arrestee.

D. The ASP baton is not authorized to be:

1. Used as a threat to make a person comply with an officer’s verbal order when
no physical violence is imminent,

2. Used in retaliation for physical or non-physical abuse toward an officer,

3. Used as a threat to elicit information from any person,

4. Used on persons secured and properly in custody,

5. Thrown at or towards any person, or

6. Modified in any manner to alter the manufacturer’s specifications.

E. When an officer uses the issued ASP baton in any of the authorized situations, such
use is subject to the following regulations, as training directs:

1. Strikes which are capable of inflicting permanent injury should be avoided,


unless the use of deadly force is authorized.

2-7C.2
2. Strikes should be to the center mass of the presented threat as directed by
training, which will render the suspect temporarily incapacitated, but
normally will not cause serious bodily harm,

3. The issued ASP baton will not be used to intentionally strike the below listed
areas of an assailant, unless the officer has justification to utilize deadly
force. Strikes to these areas may produce injuries that are potentially fatal
while not always immediately terminating the assailant’s resistance:

a. Head,

b. Neck,

c. Spine,

d. Sternum, and

e. Groin.

4. The force used should be limited to that needed to carry out the officer’s
lawful authority in the situation (e.g., safely effect the arrest, protect self
against assault, etc.)

F. Before utilizing the issued ASP baton to subdue an individual, the officer should
consider:

1. Whether sufficient physical force is available from assisting officers to subdue


the subject,

2. The feasibility of summoning backup assistance, and

3. The feasibility of using chemical agents.

IV. REPORTING:

In any situation in which the issued ASP baton is used in the application of force, such
use must be reported in accordance with the provisions General Order 2-7, Use of Force.

2-7C.3
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: USE OF HANDCUFFS/ NUMBER: 2-8
RESTRAINTS
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.02-07 (1/03) ___________________________________
Chief of Police
VLEPSC STANDARDS: OPR.09.01, 08.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Handcuffs
Restraints

I. POLICY:

The responsibility of an officer for the safe custody of his prisoner permits some
discretion in the use of handcuffs and restraining devices. See also G.O. 2-9, Transporting
Prisoners. The department requires officers to exercise safety awareness by carefully
restraining most prisoners who must be transported to a jail or other location.

II. PURPOSE:

The purpose of this policy is to establish guidelines for the use of handcuffs and
restraining devices.

2-8.1
III. PROCEDURES:

A. Handcuffs:

1. Every prisoner should be handcuffed to ensure the safety of the prisoner,


officers, or other persons who may come in contact with the prisoner during the
transport.

2. Handcuffs shall be used when transporting all prisoners.

3. Officers shall handcuff a subject with the hands in back, but may choose to
handcuff hands in front only if the suspect is handicap or disabled.

4. When a suspect is handcuffed, use of the double lock will help ensure
prisoner and officer safety. The double lock device is normally located
directly above the key hole on the locking mechanism of the bracelet and
can be locked by inserting a pointed object (back of handcuff key, pen,
pencil) in the lock and pushing down. Double locking reduces the chance of
picking the lock or of the bracelet accidentally closing, further restricting
circulation. When possible, care should be taken to leave a small space
between the suspect’s wrist and the cuff.

B. Waist Belt:

The waist belt allows the officer to handcuff the prisoner in front yet restricts the
movement of the prisoner's arms and hands. This device may be used as available
when transporting prisoner’s considerable distances.

C. Ankle shackles:

Ankle shackles shall be used by officers when transporting any prisoner they have
reason to believe might be an escape risk.

2-8.2
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: PRISONER NUMBER: 2-9
TRANSPORTATION
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
OPR.02-08 (1/03) _____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.08.01-
08.08, 09.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Prisoners, transportation of

I. POLICY:

When transporting a prisoner, it is policy of the Lawrenceville Police Department for officers
to ensure the safety of the prisoner, the public and themselves as well as limit opportunities
for escape.

II. PURPOSE

The purpose of this policy is to establish procedures to ensure that prisoners are transported
safely.

2-9.1
III. PROCEDURE

A. Vehicle Search

1. Officers will conduct an inspection of police vehicles prior to beginning a tour of


duty.

2. Before transporting a prisoner, the police vehicle will be searched to ensure that
no weapons or contraband are available to the prisoner.

3. After transporting a prisoner, the police vehicle will be searched again to ensure
that the prisoner did not hide contraband or other evidence in the vehicle.

B. Prisoner Search

1. The transporting officer shall always search a prisoner before placing him/her
into vehicle. Officers must not assume that a prisoner does not possess a weapon
or contraband or that someone else has already searched the prisoner. The
prisoner shall be searched each time he/she comes into the custody of
transporting officer.

2. When searching a prisoner, it is preferred that an officer of the same sex as the
prisoner conduct the search. For example, a female prisoner can be restrained
until such time as a female officer is available to conduct the search; however, if
this is not practical, officers should use their best judgment and should consider
the following guidelines.

a. Have another officer present to witness the search.

b. Have prisoner remove outer garments (e.g., coat, jacket, sweater,


purse, etc.) and search garments.

c. Handcuff prisoner with his/her hands behind the back before


conducting the search.

d. Look for abnormal protrusions of the clothing.

e. Use the backside and edge of the hand to conduct the search, and
should do so in the least intrusive manner.

2-9.2
C. Restraining Devices

1. Handcuffs

a. Every prisoner should be handcuffed to ensure the safety of the


prisoner, officers, or other persons who may come in contact
with the prisoner during the transport.

b. Juveniles shall not be handcuffed to adults and males shall not


be handcuffed to females.

c. Use only the type of handcuffs or other restraining devices


authorized by the Department.

d. When a prisoner must be restrained during the transport, the


following procedures shall be followed:

(1) The prisoner shall be handcuffed with both hands behind


the back.
(2) Leg and waist belt restraints may be used in order to
minimize the risk of injury or escape.
(3) A prisoner is not to be handcuffed to any part of the
transport vehicle (door post, protective shield, etc).

e. When a prisoner is handcuffed, use of the double lock will help


ensure prisoner and officer safety. Double locking reduces the
chance of the lock being picked or the cuff mechanism being
moved in either direction.

D. Positioning of a Prisoner during Transport

1. For safety reasons, a prisoner should be kept under observation and/or


behind a protective safety shield at all times. Opportunities for escape or
attack of the transporting officer must be reduced as much as possible.

2. Whenever possible a prisoner shall be transported in a vehicle with a


protective safety shield. If the vehicle is equipped with a safety shield,
the prisoner will be transported behind the shield in the rear seat.

3. When transporting a prisoner in a one (1) officer vehicle without a safety


shield, the prisoner should be placed in the front passenger seat,
handcuffed behind the back and secured with the seatbelt.

2-9.3
4. When one officer is transporting one prisoner in a vehicle equipped with
a safety barrier, the prisoner will be positioned on the right rear seat
opposite the driver. The prisoner shall be seat belted in unless prisoner is
so disorderly that it becomes an officer safety issue to attempt to fasten
the seat belt.

E. Control of a Prisoner During Transport

1. When transporting a prisoner, maintain observation or control of the prisoner


at all times, even when it becomes necessary to allow the prisoner the use
of toilet facilities. In a situation where observation is not possible (the
prisoner is of the opposite sex), ensure as much control of the situation as
possible.

a. The prisoner should not be allowed in the facility with another


person.

b. Ensure that there are no escape routes within the facility.

c. Ensure that weapons are not available to the prisoner.

2. In some instances, (e.g. extraditions) it may become necessary to have a


meal during transportation of a prisoner, chose an unfamiliar place. This
minimizes the chance of a prearranged plan for someone to attempt a
release of the prisoner.

3. The transporting officer’s primary duty is to safely deliver the prisoner


to a predetermined destination; however, other law enforcement services
may be provided in the following circumstances:

a. Providing assistance to injured persons until support units arrive.

b. Providing assistance in an “accident with injury”, where life


threatening conditions require immediate attention.

c. Providing assistance when a crime is in progress and there is an


immediate need, because of safety reasons, that the suspect be
apprehended.

d. Providing assistance to another officer when requested for a serious


situation.

2-9.4
e. In the above situations, the transporting officer will not exceed
posted speed limits and will ensure that the prisoner is secured
and protected at all times.

f. Whenever possible, supervisory notification will be made prior


to responding to the above situations.

g. An officer will not engage in a pursuit while transporting a


prisoner.

F. Escape of Prisoner

1. In the event a prisoner escapes while being transported, the transporting


officer will use the following procedures:

a. Immediately notify an on- duty supervisor and Dispatch. Provide


the location of the escape and a description of the escapee.

b. Request assistance immediately from the jurisdiction the officer


is in at the time of the escape.

c. Attempt to recapture the escapee as soon as possible. See also


RR-1-17 Jurisdiction, and Virginia Code Section 19.2-77.

d. The transporting officer will submit a written report to the Chief


of Police as soon as he/she returns to the department, explaining
the circumstances of the escape.

G. Prisoner Communication

The transporting officer will not allow a prisoner to communicate with another
person while in transit unless the situation requires the communication. The
officer shall use his/her judgment when deciding whether to allow a conversation
take place between a prisoner and another party.

H. Arrival at Destination

2-9.5
1. Upon arrival at the Jail or other facility, adhere to the procedures of the
facility as well as the following:

a. Prior to escorting a prisoner from the sally port into the jail, all
weapons will be secured in the weapons lock boxes in the jail
sally port or secured in the trunk of the patrol car.

b. Restraining devices shall be removed only when directed to do


so by the receiving facility or when the officer is sure that the
prisoner is properly controlled and secure.

c. The proper paperwork shall be submitted to the proper person at


the receiving facility and, in situations that require it, the officer
shall ensure that proper signatures are obtained on paperwork to
be returned to the department.

I. Transporting a Prisoner of the Opposite Sex or a Juvenile

1. When transporting a prisoner of the opposite sex, the transporting officer


may request the assistance of an additional officer during transport.

2. When it is impractical to use a second officer in transporting a prisoner


of the opposite sex, or when transporting a juvenile, the transporting
officer will, at a minimum:

a. Contact Dispatch by radio to ensure the time and odometer mileage


are recorded at the start of the transport.

b. Proceed directly to the destination by using the shortest most


practical route.

c. Upon arrival at the destination, contact Dispatch by radio to ensure


the time and odometer mileage are recorded at the end of the
transport.

J. Transporting a Handicapped Prisoner

1. When transporting a handicapped prisoner, the transporting officer shall


request assistance, if needed, to ensure the transport is completed
conveniently, comfortably and safely for the prisoner as well as the
transporting officer. The transporting officer shall take into
consideration the type of handicap to determine if a special vehicle will

2-9.6
be required to make the transport. For example, an emergency medical
service ambulance may be used for non-ambulatory prisoners.

2. The transporting officer shall take whatever special equipment


(wheelchairs, crutches, prosthetic appliances, etc.) or medicine necessary
for the prisoner.

3. The transporting officer must use common sense in the use of restraints
when transporting a handicapped prisoner. If the handicap is such that no
danger of escape or injury to the prisoner or officer exists, then
restraining devices may be inappropriate.

K. Injured/sick prisoner:

a. At any time before, during, or after the arrest the prisoner is injured
or becomes sick, the officer shall seek medical attention
immediately. Prompt medical attention shall be obtained before
transporting the prisoner to the jail if the injury/sickness happens
before arrival there. A supervisor shall be notified.

b. The transporting officer must use the same discretion as


previously explained in using restraining devices on a sick or
injured prisoners. If a prisoner is injured or sick enough to be
incapacitated restraining devices may not be appropriate.

c. Special precautions shall be observed when transporting


prisoners suspected of carrying communicable diseases (see
G.O. 2-37). Appropriate notification shall be made to jail
medical personnel, and the supervisor

J. Mentally ill prisoner

a. Mentally ill prisoners can provide unique challenges during


transport. A supervisor should be notified of the transport of a
mentally ill prisoner. Dispatch should be notified of
beginning mileage, location of departure and destination. The
transporting officer should maintain a calm demeanor.

b. The transporting officer must use discretion in the use of


restraining devices. Some mentally ill subjects react in an
extreme fashion to being restrained. The transporting officer

2-9.7
should remain vigilant when transporting a mentally ill
prisoner.

c. Officers should follow all transfer and paperwork procedures


when transferring a mentally ill prisoner at a mental
health/evaluation facility.

K. Medical Facilities

When a prisoner is transported to a medical facility and is admitted by the attending


physician, the officer shall immediately notify the supervisor. The supervisor in turn
shall observe the following procedures to ensure control of the prisoner.

a. Have the prisoner released from police custody, if appropriate,


by contacting and seeking advice from the Commonwealth’s
Attorney and the magistrate.

b. If the prisoner has to remain in custody, the medical facility shall be


requested to put the prisoner in as secure a private room as
possible.

c. The prisoner shall be kept under observation at all times and,


normally, restraining devices shall be used. Officers shall
consult with medical personnel concerning use of restraining
devices.

d. The supervisor shall be notified of the situation as soon as


practicable and will schedule officers for guard duty.

e. The supervisor shall brief every officer on restrictions and duties


of guard duty and shall ensure that guards have radios or other
communication equipment.

f. The supervisor shall ensure that guards are checked periodically


and relieved as necessary.

L. Documentation

2-9.8
1. Prisoner identification:

When picking up a prisoner for transport at a detention facility, the


transporting officer shall ensure that he has the correct person. This can be
accomplished by:

a. Officer’s personal knowledge of the prisoner.

b. Requesting verification by the jail custodian of the prisoner’s


identity

2. Any time a prisoner is transported, the transporting officer shall


document the following: identification of the prisoner; type of paper
(warrant, TDO, capias, etc.); any special circumstances such as
illness/injury of the prisoner, handicap, mental health status,
communicable diseases; escape, etc.; beginning and ending mileage;
start and end locations; and notification of a supervisor. Appropriate
paperwork with the receiving facility should also be included.

2-9.9
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: VEHICLE OPERATIONS NUMBER: 2-10
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
OPR.02-09 (4/02)
_______________________________________
Chief of Police
VLEPSC STANDARDS: OPR.01.02,
OPR.01.04

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

I. POLICY

Personnel of the Lawrenceville Police Department who operate police department vehicles
will comply with safe driving procedures and the rules outlined herein.

II. PURPOSE

The purpose of this policy is to establish procedures governing the operation of police
department vehicles, accountability of their use and to regulate and restrict the use of the
police department vehicles outside of town limits.

III. PROCEDURES

1. GENERAL:

a. All vehicles will be driven safely and properly in full compliance with all
traffic laws and regulations.

b. Under certain conditions, the Code of Virginia authorizes the disregard of


traffic regulations; however, both the operator and the department are not
released from civil liability for failure to use reasonable care in such

2-10.1
operation.

2. ROUTINE OPERATIONS:

a. Vehicles used in routine or general operations will be those which are


conspicuously marked to include lights and siren.

b. Prior to beginning a tour of duty vehicles will be inspected by the operator


to ensure that all equipment is functional, and also to determine if any
damage to the unit exists. A supervisor will be notified prior to the use of
the vehicle if any damage exists or equipment is missing. Unreported
vehicle damage or missing equipment will be the responsibility of the
officer.

c. Seat belts and shoulder straps shall be worn by all police officers and/or
ride-alongs during vehicle operation. Prisoners shall be strapped in with seat
belts whenever possible.

The only exceptions are:

1. On approach to any scene of an incident or call for service where the


officer believes a rapid departure from the vehicle may be required.
The seat belt will be worn any time the vehicle is operated under
emergency conditions.

2. Members who determine that circumstances exist in the


transportation of persons in custody that would render the use of a
seat belt impractical or unsafe.

d. Police department vehicles are to be utilized by appointed officers while


engaged in operations or duties pertaining to the operation of the police
department.

3. OFF-DUTY USE OF MARKED VEHICLES:

a. May not be used to transport unauthorized persons without approval of


supervisor.

b. May not be used for shopping other than small purchases.

c. Department has take home cruisers.

2-10.2
d. Members shall be neatly dressed so as to properly represent the police
department at all times and shall have proper police department ID and
approved weapon in their possession.

e. Members will have radio turned on, advise Dispatch, and be available to
respond to an officer's call for help, to render assistance to the public (i.e.
stranded motorists, etc.), or be ready to respond to a call which may be
deemed an emergency (i.e. serious misdemeanor or felony in progress.)
Upon conclusion of use of vehicle, members will advise dispatch.

f. Other uses of vehicles or exceptions to these rules may be approved on an


individual basis by the Chief of Police.

4. UNMARKED VEHICLE USE:

Unmarked vehicles are generally assigned to management and investigations.


Management and investigators are subject to be called at all times and are required
to carry cell phones at all times. The following criteria will apply to the use of
unmarked vehicles:

a. Family members are allowed in vehicles while off duty; however, extreme
discretion and judgment should be used in this area. This only applies when
the member is on an assigned on-call status. Should one be required to
make an emergency response to an incident, the non-member shall be
discharged from the vehicle at the nearest safe place.

b. May not be used for shopping other than small purchases.

c. Will be allowed to drive vehicles outside of the Town as the department has
take home cruisers; however, they should stay within a reasonable distance
to the Town so that a reasonable response time can be accomplished.

d. Members shall also adhere to paragraphs D, E, and F of the OFF-DUTY


USE OF MARKED VEHICLES guidelines.

5. All unmarked vehicles will be equipped with radio communications, emergency


lights and siren.

6. ACCIDENTS INVOLVING DEPARTMENT VEHICLES:

In the event of a collision with an object or another vehicle, a supervisor will be


notified immediately. If possible, every collision will be investigated by the
Virginia State Police. In all situations a comprehensive detailed report will be
completed prior to termination of the shift.

2-10.3
NOTE: The use of vehicles in an off-duty capacity is a privilege and not a right of your
employment. Should any member abuse these privileges, that member's privileges may be
suspended at the discretion of the Chief of Police.

2-10.4
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: EMERGENCY VEHICLE NUMBER: 2-10A
OPERATION
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
OPR.02-09 (4/02)
__________________________________
Chief of Police
VLEPSC STANDARDS: OPR.01.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

I. PURPOSE

The intent of this policy is to provide all police officers with guidelines for the operation of
emergency vehicle in an attempt to increase the safety to all concerned.

II. POLICY

A. It shall be the policy of this office that all members operate department vehicles in
the safest manner possible.

B. All members operating organizational vehicles are responsible for observing the
traffic laws of the Commonwealth of Virginia.

C. Any police vehicles being operated as an emergency vehicle must have both the
emergency lighting (blue) and siren systems in operation.

2-10A.1
III. PROCEDURE

A. Emergency vehicle operation is authorized in situations which demand the


immediate presence of the officer in order to protect a person from possible death or
serious injury, including but not limited to:

1. In response to motor vehicle accidents involving death, serious injury, or


likelihood of such injury due to the location/condition of the accident scene.

2. Calls for emergency assistance from another officer or law enforcement


agency personnel.

3. Response to violence oriented calls, i.e. large fights, civil disturbances,


cutting and shootings.

4. Response to felony in progress calls where the threat of injury or personal


safety is probable.

B. When operating a police unit during emergency response, the officer must exercise
extreme caution at all times and is responsible for the safe operation of the vehicle
when operating as an emergency vehicle. The safety of the officer and citizen must
be of paramount concern. Officers will operate vehicles in accordance with the
Code of Virginia, Section 46.2-920.

1. 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 to the safety of persons and property.

2. During an emergency response, emergency lights and siren shall be activated


as required by law.

3. When emergency signal devices are deactivated, the operator of the


emergency vehicle shall comply with posted speed limits, obey all traffic
control devices and signals, and proceed in a manner consistent with normal
traffic flow.

C. It is not mandatory that an officer operate a police vehicle as an emergency vehicle


when the officer feels because of the distance involved, safety factors, etc., that
response would not be adversely affected.

D. When responding to other than emergency calls, the officer shall respond as quickly
as possible while still cognizant of his/her duty to adhere to the traffic laws and
ordinances.

2-10A.2
E. Officers and passengers shall wear safety belts when driving or riding in police
vehicles, except when circumstances dictate otherwise.

2-10A.3
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: VEHICLE PURSUITS NUMBER: 2-10B
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
OPR.02-09 (4/22) ____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.01.10

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

I. POLICY

A. It shall be the policy of this office that the apprehension of a fleeing suspect will be
secondary in importance to the safety of the public.

B. Vehicular pursuit is defined as the active attempt by an officer in a police vehicle


equipped with both emergency lighting and audio (siren) systems, to apprehend
occupant(s) of a moving vehicle who are resisting apprehension by increasing their
speed or by ignoring the officers attempt to stop them.

II. PROCEDURES

A. An officer may pursue a vehicle when there is probable cause to believe the violator
has committed or is about to commit a serious felony, (a felony involving the use or
threatened use of violence) or when the necessity of immediate apprehension in the
case of a misdemeanor outweighs the level of danger created by the pursuit (i.e.;
DUI, reckless driving, …). Officers will operate within the provisions of state law as
included in the Code of Virginia, Section 46.2-920.

B. The decision to begin, responsibility for continuing, and choice of method of pursuit
rests primarily, if not solely, with the individual officer(s) involved. The officer will
be reminder that although the law does not prevent him/her from using emergency

2-10B.1
speeds while engaged in a pursuit, it does hold the officer criminally and civilly
responsible. Therefore, officers must exercise sound judgment and carefully
consider the seriousness of the offense, the possible consequences, and the safety of
the citizens.

C. Prior to initiating any pursuit the officer must be aware of and evaluate possible
factors which would prohibit the pursuit. These factors include, but are not limited
to, weather, traffic conditions and pedestrian traffic. The potential dangers of the
pursuit must be weighed against the reason for the pursuit.

D. PURSUIT SITUATION:

1. When an officer is forced to initiate the pursuit of a fleeing suspect, the


officer must advise dispatch of the following information:

a. complete description of the vehicle (color, make, license number,


number of occupants including description, if possible).

b. REASON FOR PURSUIT

c. direction of travel route during pursuit

d. to notify a supervisor.

2. Upon notification that a vehicular pursuit incident is in progress, a


Supervisor will be contacted IMMEDIATELY by dispatch and shall
assume responsibility for the monitoring and control of the pursuit as it
progresses. The supervisor shall have the authority to terminate the pursuit if
the supervisor determines it is in the best interest of the officers, citizens, and
this department. The decision to terminate the pursuit must be made after
consideration of the seriousness of the offense(s) committed is weighed
against the potential for personal injury or property damage.

a. The supervisor shall continuously review the incoming data to


determine whether the pursuit should be continued or terminated.

b. In controlling the pursuit incident, the supervisor shall be responsible


for the coordination of the pursuit by directing the pursuit vehicle
into or out of the pursuit; approval or disapproval and coordination
of pursuit tactics; approval or disapproval to leave jurisdiction to
continue pursuit.

2-10B.2
c. The fact that a supervisor may not be readily available does not
relieve the officer from making sound judgments in initiating
and/or continuing a pursuit.

3. The first unit to establish visual contact with the pursuing unit involved in
the pursuit and the suspect vehicle will join the pursuit (If unit(s) is
available). This second vehicle will maintain visual contact and assume
command of the pursuing communications function. Other units will be
assigned as needed to respond to the general vicinity in non-emergency
assistance.

4. The unit initiating the chase and the unit assigned to maintain visual contact
will be the only units operating as emergency vehicles. If the pursuit is
initiated by an unmarked unit, the lead will be surrendered to a marked
patrol unit at the first opportunity.

5. During the pursuit, the officer shall discontinue if conditions exist which
make the pursuit unreasonable. The violation or offense committed must be
weighed by the circumstances and safety factors present during the pursuit.

6. Supervisors shall be responsible for monitoring pursuit situations and shall


have the authority to terminate the pursuit if in the best interest of the
officers, citizen(s) and this office. The decision to terminate must be made
after consideration of the seriousness of the offense(s) committed is weighed
against the potential for personal injury or property damage.

7. Barricading roadways must be considered as a force likely to result in death


or serious injury, and is prohibited from use in any pursuit.

8. Requesting the opening of drawbridges to stop fleeing vehicles constitutes a


ROADBLOCK and the same prohibition exists.

9. It is essential the officer consider at all times, the safety of the motoring
public, pedestrians, school children and/or school busses, the officer
him/herself and the violator when making the critical decision to continue a
pursuit.

E. Jurisdictional authority involving the pursuit of fleeing suspects is dictated by 19.2-


77 Code of Virginia which states:

1. Whenever a person in the custody of an officer shall escape or whenever a


person shall flee from an officer attempting to arrest him, such officer,
with or without a warrant, may pursue such person anywhere in the
Commonwealth and, when actually in close pursuit, may arrest him

2-10B.3
wherever he is found. If the arrest is made in a county or city adjoining
that from which the accused fled, or in any area of the Commonwealth
within one mile of the boundary of the county or city from which he fled,
the officer may forthwith return the accused before the proper official of
the county or city from which he fled. If the arrest is made beyond the
foregoing limits, the officer shall proceed according to the provisions of §
19.2-76, and if such arrest is made without a warrant, the officer shall
procure a warrant from the magistrate serving the county or city wherein
the arrest was made, charging the accused with the offense committed in
the county or city from which he fled.

2. See also RR 1-17, Jurisdiction and mutual aid.

F. CRIMINAL PROSECUTION AND CIVIL LIABILITY:

The authority to operate an emergency vehicle in a hot pursuit situation does not
protect the officer from criminal prosecution, nor does it shelter the officer from
civil liability for failure to use reasonable care in such operation.

G. RAMMING OF PURSUED VEHICLE:

Ramming the pursued vehicle is strictly prohibited.

H. ADMINISTRATIVE REVIEW:

All pursuits shall be properly documented following departmental reporting


requirements. The Chief of Police shall administratively review all pursuits as soon
as possible after the incident to ensure that proper procedures were followed by
personnel.

2-10B.4
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: WANTED/MISSING NUMBER: 2-11
PERSONS
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.02-10 (4/02)
____________________________________
Chief of Police
VLEPSC STANDARDS: ADM.25.10

NOTE:

This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Missing persons
Wanted persons

I. POLICY:

The VCIN and NCIC communication networks provide several different


information files, two of which assist us in locating persons wanted by our department and
those reported missing. The effectiveness of the system and departmental liability depend
on accurate and prompt entry of wanted/missing persons information, as well as immediate
cancellation of entries when no longer required.

Each officer is responsible for dealing with reports of missing or wanted persons to
conduct proper investigations, prepare necessary reports, and request appropriate
VCIN/NCIC entries. Each dispatcher making an actual entry must ensure that the entry

2-11.1
contains accurate and complete information and that unnecessary delays in making the entry
are avoided.

II. PURPOSE:

To establish department guidelines explaining investigation of wanted/missing


persons and the making of appropriate entries into VCIN and NCIC.

III. PROCEDURES:

A. Wanted persons:

1. In order for a person to be entered into VCIN/NCIC files as wanted, one of


the following criteria must be met:

a. a federal warrant is outstanding;

b. a felony or serious misdemeanor warrant is outstanding;

c. probation and parole violators meeting the criteria listed in a. or b.


above;

d. any juvenile meeting the criteria in a. and b. above, provided he or


she will be tried as an adult for the charges placed.

2. Making the entry:

a. The requesting officer shall provide the dispatcher with the necessary
information for the VCIN/NCIC entry.

b. If an NCIC entry, the officer shall contact the Commonwealth's


Attorney to confirm or decline extradition if the suspect is located.

c. If the Commonwealth's Attorney confirms that he will authorize


extradition, the NCIC entry shall be made and copies of related
paperwork shall be filed with the incident report.

d. If extradition is declined, NOEX shall be noted in the extradition


field.

e. If the Commonwealth's Attorney cannot be located, the entry will be


made using NOEX, however the officer shall continue attempts to
locate the Commonwealth's Attorney. When located, the extradition
field can be modified as needed.

2-11.2
f. Dispatchers shall follow guidelines set forth in VCIN/NCIC
operating manuals.

3. Retention of wanted person records:

a. A person wanted for a felony who has not been located shall remain
in the VCIN/NCIC file for seven years or at the direction of the
Commonwealth Attorney. A person wanted for a misdemeanor who
has not been located shall remain in the VCIN/NCIC file for three
years.

b. The dispatcher is responsible for taking action to clear an entry when


a wanted subject is located. A locate message may be entered by the
originator to force the record to be cleared. However, a wanted
subject may also be cleared based on a confirmed hit from another
agency.

c. The dispatcher shall follow VCIN/NCIC guidelines and clear the


entry from the system.

B. Missing persons:

1. Officer(s) receiving a missing persons report shall collect and evaluate


information (pictures, descriptions, etc.), and investigate possible leads
provided by the reporting person without delay.

2. For missing juveniles, the investigating officer shall immediately establish


the fact that the youth is missing (i.e., search of the residence, check school,
friends' homes, local stores, parks, etc.). Officers must be aware that there is
no formal waiting period required before the department will accept a
missing persons report.

3. Immediately following receipt of such report, the investigating officer shall


review the report with the supervisor. If any one of the criteria listed below
is met, the missing person shall be entered into VCIN/NCIC files.

4. A record for a missing person under the age of 21 must be immediately


entered into NCIC/VCIN on form SP-183 using one of the appropriate
categories (Disability, Endangered, Involuntary, Juvenile, or Catastrophe
Victim). Immediately is defined under Code of Virginia, Section 15.2-1718
as “within two hours of receiving the report.” The SP-183 must also be
faxed to the Virginia Missing Children Clearing House at (804)674-2105 or
(804)674-6704 within two hours of receiving the report.

2-11.3
5. A missing person record may be entered for the following:

a. A person of any age who is missing and under proven


physical/mental disability or is senile, thereby possibly subjecting
self or others to personal and immediate danger.

b. A person of any age is missing and in the company of another person


under circumstances indicating that his or her physical safety is in
danger.

6. State Police Form SP 67-8-15-81 may be used in identifying specific criteria


above which the situation satisfied and if so used, should be attached to the
NCIC entry form.

If criteria are met and the missing person is to be entered into NCIC, the
requesting officer shall coordinate the NCIC entry with the dispatcher.

Documentation must be on file at the time entry is made supporting the


stated conditions under which the person is declared missing.

Examples of acceptable documentation are:

a. A missing juvenile report, done as a result of investigation by a


police officer and filed with the police department.

b. A written statement from a physician or other authoritative source


corroborates the missing person's physical/mental disability.

c. A written statement from a parent, guardian, next of kin or other


authoritative source advises that the person is in danger or that his
disappearance was not voluntary.

7. Retention period for missing persons record:

a. A missing person record is retained indefinitely until action is taken


by the originating agency to cancel or clear the record or until a
locate command is placed against the record.

b. A missing person record for a juvenile shall be retained until a


locate, clear or cancel, is placed against the record or until the
juvenile reaches the age of 18, at which time the individual shall be
re-entered as an adult.

2-11.4
c. The duty dispatcher or records clerk receiving notification that the
missing person has been located or that the investigating officer
wants to clear or cancel the person, shall follow NCIC guidelines and
clear the entry from the system.

C. Unidentified person:

1. An NCIC file is established to aid in dealing with unidentified persons


(unidentified body found, amnesia victim, etc.).

2. It is established to provide a national file for the entry of unidentified


deceased, disaster victims, living persons, and parts of a dismembered body.

D. Point of Contact:

The sergeant is designated as the point of contact for the use of or difficulties
encountered with the VCIN/NCIC terminal.

2-11.5
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: SEARCH AND RESCUE NUMBER: 2-11A
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.02-10 (4/02) ____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.05.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

I. POLICY:

The Lawrenceville Police Department performs search and rescues that deal with missing
persons thought to be located inside the boundaries of the Town of Lawrenceville. These
searches may be for a lost, runaway, or missing child or a mentally ill patient or elderly
person.

II. PURPOSE:

The purpose of this general order is to establish procedures when dealing with the report of
missing, lost or runaway persons that are believed to be inside the jurisdictional limits of the
Town of West Point.

III. PROCEDURES:

In all instances of a report of a missing person, the officer responding shall refer to G.O.
2-11 for reporting guidelines and entry into NCIC / VCIN.

A. Search:

1. When a report of a missing person has been received, the officer receiving
the complaint will take notes and record all pertinent information
pertaining to the subject in question, such as:

2-11A.1
a. the description of the subject (age, height, weight, race)

b. the last seen or known clothing of the subject

c. the last known location of the subject

d. possible destination of the subject

e. name of person who last saw the subject

f. local addresses of any relatives or friends

g. name, telephone number and address of current guardian; and

h. any other pertinent information that applies

2. The officer will immediately notify the supervisor.

3. The supervisor will:

a. Inform, or have dispatch advise all on-duty officers of the


information described section A above.

b. Call for assistance from the Brunswick County Sheriff’s Office


and State Police when needed (NOTE: Notification of the Chief of
Police, or his designee, shall be accomplished as soon as
practicable, prior to requesting assistance from other jurisdictions).

c. Initiate a physical search, utilizing on-duty personnel, of the area in


which the subject was last seen as well as arrange for follow-up
searchers based on any other available information received.

d. Expand the search when needed, to the route most likely taken by
known family members or friends.

e. Notify a tracking K-9 when needed.

f. Mobilize Emergency Response personnel when needed.

g. Coordinate through the dispatch center, providing periodic updates


to be provided to all personnel involved when new information is
received.

2-11A.2
B. Rescue:

In the event the subject is located and is in need of medical treatment and/or
specialized units for rescue, the supervisor will notify the dispatcher of the units
needed on scene. The dispatcher shall direct the units requested by the supervisor
to the scene. These units may include, but are not limited to:

Lawrenceville Volunteer Fire Department and/or Brunswick Volunteer Rescue


Squad, Town of Lawrenceville Public Works, electrical / gas companies, etc.

2-11A.3
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: INFORMANTS NUMBER: 2-12
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.02-10 (4/02) ______________________________________
Chief of Police
VLEPSC STANDARDS: OPR.02.06

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Informants

I. POLICY:

The department encourages development and use of informants. The proper legal
use of an informant can greatly assist the efforts of the officer in obtaining vital information
that may be used in any investigation.

II. PURPOSE:

The purpose of this order is to set forth procedures to help members of the
department develop and effectively use informants and the information obtained.

III. PROCEDURES:

A. Definition:

1. By definition, an informant is a person who provides information. A citizen


giving an officer information about neighborhood activities is an informant.

2-12.1
An arrested person who provides information about other participants in a
crime is an informant. A "snitch" who provides information about who
committed a particular crime and who receives money from an officer as
payment is an informant.

2. Officers shall develop a variety of information sources or informants. In


many cases, information will flow as a result of friendly, courteous
conversations and questioning, by building rapport, by providing efficient
police response, and by just listening and talking.

3. For purposes of this order, an informant is defined as someone who provides


useful information concerning criminal activity including vice, organized
crime, or intelligence and who expects some kind of return. Return is
defined as payment in money or assisting the Commonwealth's Attorney or
the courts or the satisfaction of a personal need to contribute to the
improvement of the neighborhood.

4. In developing informants, officers shall ensure confidentiality of informant


identities and transactions, but observe lawful accountability.

B. Identity of informants:

1. Each officer who wishes to develop and use an informant, as defined above,
will prepare a confidential file envelope on the informant as follows:

a. On the front of an envelope, place the following information:


officer's name and the informant's number, which is the officer's
badge number followed by an alphabetic letter, A for first informant,
B for the next, C for the next, etc. If the informant is a juvenile,
write the word "Juvenile" on the envelope.

b. Prepare or collect the following and place inside envelope:

(1) Biographical and background information: name, aliases,


address, telephone number, known acquaintances, habits, etc.

(2) Criminal history record, if any.

(3) Information the informant has or can be expected to provide.

(4) Record of any payments made.

(5) Degree of involvement of informants in any operation.

2-12.2
c. Seal the envelope and give it personally to the Chief of Police. The
Chief will maintain these files in a locked and secure location.

2. The information files will be opened by the Chief who will review and
approve the use of an informant. If an emergency arises which makes it
essential to identify people the Chief of Police will authorize disclosure of
information. Files will be released only to the officer preparing the file or in
response to a legal subpoena.

3. Once an informant file has been prepared, all future references to the
informant in any reports will be by informant number only. Informant
names will not be used.

4. Once the informant file has been prepared, the officer is responsible for
keeping the file up-to-date. The officer simply requests the numbered file
from the chief, places the additional information within, and returns it.

5. Informant files can be retained indefinitely, but officers are encouraged to


keep only active informants on file.

C. Use of police informants:

1. Police officers shall not make any deals with people concerning charging,
pleading, or sentencing. Police officers may, however, consult with the
Commonwealth's Attorney regarding these matters.

2. Informant information may become the basis for a variety of legal and
police processes. The officer shall carefully consider the possibilities of
being required to identify an informant in the courtroom, possibly placing
the informant in jeopardy.

3. Informants as participants in offenses must be willing to testify in court.

4. Officers shall deal with informants very carefully and with circumspection,
particularly with those of a different sex or those whose sexual preferences
may make an investigation susceptible to compromise.

5. Use of juvenile informants is particularly sensitive so officers must obtain


parental permission and consult with the Commonwealth's Attorney or
juvenile court personnel.

6. Specific guidelines exist through case law regarding the legal use of

2-12.3
informants. The following points are offered to help officers judge the
usefulness of their informants.

a. If possible, corroborate informant tips through independent


investigation.

b. If informant tips form probable cause to arrest or search, the officer


involved must be prepared to justify to the court why the informant
is credible and his information reliable.

D. Paying Informants:

1. All payments to informants are handled by the Lawrenceville Police


Department.

2-12.4
LAWRENCEVILLE POLICE GENERAL ORDERS
DEPARTMENT
SUBJECT: PATROL

NUMBER: 2-13
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.02-12 (8/98) ____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.01.06,
01.07, 07.14-07.16 07.09

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Abandoned/disabled vehicles Shoplifting arrests


Death investigations, preliminary Shoplifting evidence
Dispatchers responsibilities (patrol)
Emergency notifications
Emergency escorts
Funeral escorts
Juveniles (re shoplifting)
Hazards
Hospital response
Mental patients
Patrol
Residential lock-outs
Residential security checks

I. POLICY:

Patrol is the primary activity of law enforcement that includes much more than driving
through neighborhoods looking for evidence of lawbreaking. On patrol, officers engage in a wide

2-13.1
variety of activities including enforcement of traffic and criminal laws, answering complaints,
conducting investigations, community relations activities, transporting prisoners, and preventing
crime. The department expects officers to conduct patrol vigorously to prevent crime, improve
community relations, and detect and apprehend offenders.

II. PURPOSE:

To define and outline procedures for handling commonly encountered patrol problems.

III. DEFINITIONS:

Patrol can be defined in terms of its component activities:

A. Crime prevention activities;

B. Response to requested services;

C. Investigation of crime, offenses, incidents and conditions, including arresting offenders;

D. Traffic direction and control;

E. Regulation of certain business or activities as required by law;

F. Maintenance of public order;

G. Provisions of emergency services;

H. Development of relationships between citizens and the department;

I. Reporting of information to appropriate entities.

IV. PROCEDURES - General

A. Patrol coverage:

1. The department operates 24 hours a day, seven days per week to provide citizens
with law enforcement services. The department will provide, generally, the same
services at all hours of the day or night in relation to answering calls for service,
emergencies, preventive patrol, or traffic enforcement.

Monthly shift schedules are posted in advance, with shift rotations to


accommodate court schedules, and maintain 24 hour coverage. There are no beat
or zone assignments.

2. Officers shall be on shift 15 minutes prior upon the beginning of each shift in order to
review the activities from the previous shift.

2-13.2
B. Patrol activities:

1. Response to some calls may require several officers to deal effectively and safely
with the problem. Situations requiring the response of at least two officers include:

a. potential or actual assault on an officer;

b. possibility of or actual on-scene arrest for a felony or violent misdemeanor;

c. potential or actual resistance to arrest;

d. possibility of or actual use of force;

e. crime in progress;

f. fleeing suspect.

2. An officer finding the circumstances listed above should request back-up assistance
as needed. Two officers/troopers/deputies assigned to such a call should coordinate
their simultaneous arrival, where possible.

C. Incidents requiring presence of a supervisor:

The supervisor shall be notified and shall assume command of the following incidents:

1. Serious injury to an officer.

a. Accident involving a police vehicle.

b. Accident involving a town vehicle.

c. Major crimes to include murder, bank robbery, or a heinous crime or


assault where death may occur.

d. Barricade/hostage situations.

e. Disasters, catastrophes, or severe weather producing emergency conditions.

f. Serious accident, injury or incident involving town personnel or property.

g. Any other incident where a supervisor is requested.

3. Any serious complaint or incident involving a police officer requires the Chief of Police
or his designee to be notified immediately.

D. Hazards:

2-13.3
A wide variety of hazardous situations such as bad road/weather conditions, unsafe
structures, and potentially dangerous calls for service will normally be identified by patrol
officers or announced by local media. Information about any of these hazardous or
potentially hazardous situations shall be reported, shared among officers and other agencies
that could potentially be affected, and passed on to subsequent shifts.

E. Special notifications:

1. Emergency/next-of-kin messages.

a. Subject to the availability of personnel, emergency messages of any


legitimate type, as defined by the person receiving the message, may be
delivered. Officers shall deliver any message pertaining to a death, serious
injury, or serious illness.

b. Notifying next-of-kin where there is a death, serious injury or serious


illness can place the officer in a delicate and uncomfortable situation. The
following procedures shall be used whenever possible and practical:

(1) Notification shall be made as promptly as possible.

(2) The presence of a minister or relative/close friend (if known) shall


be obtained whenever possible before notification.

(3) If notification has to be made alone, the officer shall offer


assistance to the next-of-kin in contacting a relative, close friend or
minister.

(4) Officers delivering emergency notifications shall tell citizens the


source of information.

c. When requested by another agency to make notification of next-of-kin, the


dispatcher or officer shall obtain whatever pertinent information about the
situation, if available, in order to assist the relative receiving the message.

F. Highway maintenance/public utilities:

At any time when one of the below hazards exists, the officer shall request the dispatcher to
notify the proper agency. Hazards may be grouped into two categories.

1. Hazards requiring immediate notification of the proper agency:

a. Essential traffic light in need of repair.

b. Large holes in road.

c. Electrical power lines down.

2-13.4
d. Large debris, etc.

e. Breaks in water, gas, or other utility mains.

f. Snow/ice on road.

g. Fire hazards needing immediate attention.

2. Hazards requiring notification at beginning of next business day:

a. Non-essential traffic lights or signs in need of repair.

b. Small (non-hazardous) holes in road.

c. Street lights in need of repair.

d. Telephone/video cables down but not creating hazard.

e. Dead animals in road.

f. Potential fire hazards not requiring immediate attention.

g. Excessive growth of weeds, grass, etc.

3. Some hazardous situations may demand immediate notification of local media in


order to request public service announcements. The Chief of Police or his designee
shall contact local media for this purpose.

4. Upon becoming aware of such locations, officers shall notify the Communications
Center to flag addresses in the CAD system where at-risk citizens and those
presenting a hazard to officer and/or public safety reside.

V. PROCEDURES - Conduct while on patrol

A. Officers shall acquaint themselves with traffic hazards, geography of their territory, and
particularly the location of highways. Officers shall also ascertain the names and addresses
of habitual criminals and law violators, First Aid stations, hospitals, ambulances,
magistrates, sheriffs, general district and circuit court Judges, commonwealth's attorneys,
medical examiners, public and private social service agencies, and any other public or
private officials that prove helpful in the administration of their duties.

B. Officers shall employ the utmost care to protect themselves when stopping violators for
infractions of laws. Consideration must also be given the stopping of vehicles from a safety
standpoint, during inclement weather, on hills and curves, in dense traffic, or in any instance
where life and property may be endangered.

C. When an officer observes a violation of the law, he or she shall either (1) warn, (2) arrest, or

2-13.5
(3) issue a summons to the violator to appear before the court having jurisdiction.

1. Any controversy incident to the warning, arrest, or summons shall be avoided; the
officer shall merely inform the offender:

a. the nature of the offense;

b. why the offense was detrimental to the safety of the public, if this is
appropriate;

c. the specific charge if a charge is made;

d. the procedure the violator must follow in order to bring the matter to a
conclusion.

D. Without exception, officers transporting an individual of the opposite sex shall notify the
dispatcher that they are transporting a female/male prisoner. The report shall include the
point of origin, vehicle odometer reading, and the destination. Upon arriving, the officer
shall so notify the dispatcher and give the odometer reading. The communications operator
shall log the information and record the time of each notification. The same procedure
applies to transports of juveniles. When the vehicle is equipped with an in-car camera,
officers shall activate the camera to document the transport.

E. Officers shall provide general and emergency assistance to motorists in accordance with
their training and qualifications. This includes providing information and directions,
assisting stranded or disabled motorists, and obtaining medical and other emergency
assistance. Officers shall ensure that the requested service is provided in a timely fashion.
If, after arranging for assistance, the officer is unable to remain with the motorists until help
arrives, he/she shall take the necessary steps to provide safety to the motorists or arrange for
transportation. However, this does not preclude transporting the motorists to a place of
safety when a need arises.

VI. PROCEDURES - Specific Patrol Problems

A. Hospital/clinic response:

Officers may respond to calls for assistance from doctor’s offices/clinic, or they may take
prisoners to medical facilities for treatment, or they may interview hospitalized subjects.
Officers must understand that they are not required to give up their firearms upon request by
hospital personnel.

1. Mental patients.

a. In the absence of a court order for mental commission, or criminal charges


of any nature, officers responding to any medical facility requesting their
assistance in detaining a mental patient must not initiate such action. The
responsibility for detaining such a patient rests with the hospital staff and
security personnel. However, the officer responding to the hospital shall

2-13.6
provide assistance should the situation escalate to a confrontation where the
safety of the staff or preservation of peace becomes a police problem.

b. When a court order for mental commission is present, the officers must
take whatever action is necessary to enforce the court order.

2. Handcuffed prisoners.

Unless necessary to remove handcuffs in order for a prisoner to receive medical


treatment, the handcuffs or restraints shall remain.

3. Interviews of patients/employees.

a. Officer(s) entering a hospital for the purpose of interviewing a patient in


the emergency room shall notify hospital personnel on duty of their
presence and the identity of the party to be interviewed.

b. Officer(s) entering a hospital for the purpose of interviewing a patient in


the patient's room or ward shall notify hospital personnel on duty at the
nurses' station responsible for the care of that patient of their presence and
the identity of the party to be interviewed.

c. Officer(s) who must interview an employee of a hospital shall make every


effort to conduct the interview away from the hospital unless the purpose of
the interview is in conjunction with the person's employment.

B. Preliminary death investigations:

1. After arriving at the scene and until convinced to the contrary, all officers shall
consider every DOA call as a possible homicide, and shall be aware that a homicide
may be "staged" to appear as a death by natural causes.

Responsibilities of first officer on scene.

If the death appears to be from other than natural causes, the officer shall direct
attention to the following functions in the order that his or her discretion dictates
after an evaluation of the situation.

a. Assuring the safety of persons to prevent further injury or death.

b. A preliminary determination that the subject is actually deceased.

c. Preservation of the scene and possible evidence.

d. Radio call for police or rescue assistance.

e. Gathering of witnesses.

2-13.7
f. Requesting the presence of a supervisor.

3. All deaths must be pronounced by a physician or paramedic, which may happen at


the scene, at a hospital, or any other place designated by the medical examiner in
medical examiner cases. The officer shall include in his or her report the time of
pronouncement, the name of the physician, and where the body is to be taken.

4. Medical examiner's case.

If the circumstances of death fall into any of the following categories, or if there is
any doubt as to its inclusion in on one of these classifications, it shall automatically
be considered a medical examiner's case:

a. By violence; that is, accident, suicide, or homicide.

b. Suddenly, when in apparent good health.

c. When unattended by a physician (M.D. or D.O.).

d. When in jail or in police custody.

e. By unusual, suspicious, or unnatural means.

f. When the body is to be cremated.

g. Fetal deaths.

5. Non-medical examiner's case.

For the purposes of these procedures, a non-medical examiner's case shall be


defined as:

a. A death resulting directly from a disease or illness which has been


diagnosed and is actively being treated or attended to by a private
physician, and;

b. The death is not within the classification of a medical examiner's case, as


defined above.

6. When medical examiner is not immediately available.

a. If authority for removal of the body cannot be ascertained from the medical
examiner within a reasonable period of time, a police supervisor, acting as
an agent for the medical examiner, may contact the nearest funeral home,
and have the body transported to the nearest hospital for pronouncement
and custody. Family preference as to funeral director may be considered if
transportation can be expeditiously handled.

2-13.8
If neither the attending physician nor the medical examiner can be
contacted within a reasonable period of time, the body may be removed.

b. The assistance of the fire department may be requested in emergency


situations requiring the immediate removal of a body.

C. Residential/business security checks:

The department shall honor requests from citizens to conduct security checks of their
homes/businesses when the owners are on vacation. Officers shall advise citizens that
occasional security checks cannot guarantee that their property will be safe from vandalism
or burglary.

D. Shoplifting arrests:

1. Virginia Code Sections 18.2-105.1 and 19.2-74 concern detention of shoplifters,


arrests without warrants, and issuance of summonses in lieu of warrants. Officers
shall consult these statutes for guidance.

2. Handling juveniles.

The officer shall verify the age of the offender. If the offender contends that he is a
juvenile, and verification cannot be made immediately, he must be treated as such
until a determination to the contrary is made. Ascertaining an offender's age and
identification shall be through whatever means are available to the officer at the
time, but caution shall be taken to assure that a juvenile is not processed as an adult
offender.

a. Felony: If the offense is a felony:

(1) Obtain all available information on the offender needed to secure


petitions.

(2) Transport the juvenile to the police department. Contact a parent


or guardian to pick up the child. Advise the parent or guardian that
a petition is being sought.

b. Misdemeanor:

(1) Every effort shall be made from the store to contact a parent or
guardian. Request the parent or guardian to respond to the store for
release of the juvenile.

(2) If a parent or guardian responds, or if the officer is assured of


proper identification, the officer may release the juvenile at the
scene after advising the adult or juvenile that a juvenile petition
shall be sought. Factors to be considered in this action are the

2-13.9
same as those for the release of an adult on a misdemeanor
summons.

3. Evidence - Special Considerations.

Section 19.2-270.1 Code of Virginia, allows for the introduction of a photograph of


shoplifted property as competent evidence. The process of authentication of these
photographs is rather involved, and the decision to use a photograph shall be made
only after careful deliberation, and not merely at the request of the merchant.
Officers shall consider:

a. Is the item perishable?

b. Would impounding the item represent an undue hardship to the merchant?

c. Does the size or nature of the item make impounding impractical?

F. Funeral escorts:

1. Funeral homes are responsible for coordinating with other agencies if the
procession passes into another jurisdiction.

2. Funeral homes must inform all procession participants of any requirements and
provide all equipment necessary.

3. Officers' responsibility

a. Officers shall have the authority to refuse to start any escort which presents
a hazard to the safety of either the officer or the public. If an officer refuses
to start a funeral escort for any reason, he must contact his supervisor.

b. Officers shall choose the route to be taken based upon resources available,
weather, time of day, traffic flow, road hazards, and any permits issued.

c. In the event the procession is larger than anticipated, the officer in charge
of the procession shall consider the following:

(1) completing the escort as requested;

(2) waiting until additional assistance can arrive;

(3) escorting a manageable number of vehicles to include the family


vehicle and funeral coach.

d. The requesting party may choose to proceed without benefit of an escort.

4. Vehicle requirements.

2-13.10
a. Police.

(1) A police vehicle escorting a funeral procession shall have


emergency lights in operation at all times.
(2) The siren shall be used as appropriate to warn other drivers that the
procession is proceeding through the area.

b. Other.

All vehicles participating in a funeral procession shall have their headlights


illuminated.

5. Upon completion.

Upon completion of the escort, the officer will retrace the route to ensure traffic is
not congested in any particular area. If a problem exists, the officer will address
the situation as needed.

G. Escorts for medical emergencies: See G.O. 2-23

H. Residential and vehicle lock-outs:

The police department shall assist citizens who are locked out of their residence or vehicles
only in an emergency.

1. Persons requesting assistance in gaining access to a vehicle or residence from which


they are locked out shall be referred to private businesses, unless one of the
following circumstances exists:

a. medical emergency; or

b. child or disabled citizen locked in the home; or

c. child, disabled citizen or animal locked in the vehicle; or

d. for a police related matter as authorized by a supervisor; or

e. when the welfare of a person could otherwise be in jeopardy.

2. If no emergency (as described above) exists, officers shall advise citizens:

a. that the police department has neither the expertise nor the special
equipment necessary to enter the locked vehicle or residence; and

b. to call a locksmith or service station for assistance.

2-13.11
3. The above rules apply regardless of whether the request comes from a citizen, fire
department, or animal control personnel.

4. When called to a lock-out, the officer shall:

a. determine if an emergency exists; and

b. obtain proper identification from the requesting party and make a


reasonable inquiry to determine that the requesting party has a right to gain
entry (except in life-threatening situations or emergencies where immediate
action is necessary); and

c. advise the requesting party that the town is not responsible for any damage
incurred by the assisting officer; and

d. call for assistance, when necessary, from the fire department or other
appropriate agency; and

e. avoid forcible entry if possible and appropriate to the emergency.

I. Disabled/abandoned vehicles: (See also GO 2-35 and GO 2-23)

1. Officers shall not push nor pull any vehicle with a police vehicle.

2. Officers shall direct motorists who are low on gas to the nearest station. Officers
may provide courtesy transportation to stranded motorists for obtaining gas,
arranging for someone to pick them up, or to bring them to a safer location.

3. If a disabled motorist requests towing services, officers shall have the dispatcher
contact a towing service, unless the motorist has a specific preference.

4. If a vehicle is abandoned and constitutes an immediate traffic hazard, the officer


shall have it towed. If the abandoned vehicle does not constitute an immediate
traffic hazard, reasonable efforts shall be made to contact the vehicle owner before
it is towed. Private property owners reserve the right to have any
disabled/abandoned vehicle towed from their property.

5. Disabled/abandoned vehicles on private property that do not meet town zoning


requirements shall be tagged and notice of imminent enforcement action shall be
given to the vehicle owner (refer to town code book). Copies of these notices and
records are maintained at the police office. Enforcement actions are coordinated
through the town zoning office.

2-13.12
LAWRENCEVILLE POLICE DEPARTMENT

GENERAL ORDERS
SUBJECT: ALARM RESPONSE Number: 2-14

EFFECTIVE DATE: REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
OPR.02-12 (8/98) __________________________
Chief of Police
VLEPSC STANDARDS: OPR.01.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Alarms
Dispatcher's responsibilities (re: alarms)

I. POLICY:

Alarms are a means of notifying the local law enforcement agency that a robbery or
burglary is in progress when the use of a telephone is impractical or impossible. Officers
shall exercise sound judgment and proceed with extreme caution when answering any type
of alarm call. Despite the large number of false alarms, no officer can afford an alarm that
turns out to be real when he or she thought it was false.

II. PURPOSE:

To establish a plan of action to be taken in response to activated alarms.

III. PROCEDURES:

2-14.1
A. Activated alarms:

Dispatching/response/notification:

1. When a silent alarm signal is received, unit(s) shall be dispatched


immediately to the alarm location. Available unit(s) will proceed to the area
and stand by maintaining radio silence, unless another emergency exists.

2. If units are dispatched to a bank alarm, the siren and emergency lights may
be used, but the siren should be turned off within hearing distance from the
location of the alarm.

3. The dispatcher shall immediately begin and maintain telephone contact with
the business or home until the responding officer advises the dispatcher over
the telephone that the alarm was false. Dispatchers shall telephone
businesses only during working hours.

4. If the telephone call goes unanswered, responding units shall be so advised.

B. Bank/Business Alarms (working hours):

1. If an alarm is activated during working hours, the security corporation will


contact the Police Department and/or Dispatch. Upon notification, a unit(s) will
be dispatched to the bank/business. Responding units shall set up on buildings so
each side is covered. The first unit on scene has command, and will radio
dispatch and other responding units which corner he/she has taken, in addition to
any unusual activity or pertinent information. The front on all buildings is
designated red, and proceeding clockwise, the corresponding sides are white,
blue, and black. An example is shown below:

Blue

White
Black

Red

The first unit may set up on the “red-white” corner, and would broadcast that
information. The second unit would set up on the “blue-black” corner, and in turn
radio that information to dispatch. However the shape of the building, units shall

2-14.2
be positioned at opposite sides for maximum coverage. If possible, do not drive by
entrances or windows. Suspects should not be able to see police vehicles.

2. Officers shall remain in a covered or concealed position. Dispatch will telephone


the business, and obtain information (i.e. name, position, clothing description) of
a responsible party for the business. That person will be directed by dispatch to
meet with the officer that is positioned in the front. Branches will be furnished
with two different colored but otherwise identical badges, one WHITE (indicates
ALL CLEAR) and one BLUE (indicates TROUBLE). Bank personnel will exit
the bank and walk towards a pre-designated location wearing/carrying the
appropriate badge. The officer will not approach the building. Once the officer
has met with the described person outside, both the officer and responsible person
will enter to confirm the alarm is false, if that is the case.

3. If no business representative approaches within a reasonable time, and the


dispatcher has made telephonic contact, officers shall consider the alarm to be a
robbery/burglary in progress. In this event, maintain a safe position, establish a
perimeter, advise dispatch, always keep radio contact, and notify a supervisor.

4. With a false alarm, the officer who met with the business representative will enter
to confirm it is false. Officers shall not rely solely on the official saying the
alarm was false.

C. Bank/Business Alarms (after working hours):

1. Proceed and set up is the same as a working hours alarm. Once officers are in
place, one officer will check the perimeter, while the other maintains position.
Be sure to communicate between each other, and use caution around
entrances/exits and windows. After hours personnel should keep a PINK badge
(indicates AFTER HOURS) that can be given to any responding officer to
indicate the person is a bank employee.

2. When the building is found to be secure, contact the dispatcher. In the absence of
an AFTER HOURS employee, the dispatcher will contact a key holder for the
business, and advise him/her of the alarm. Officers do not need to stay until the
arrival of the key holder when nothing unusual was found; officers can return
upon request of the key holder, and conduct a search at the key holder’s request.

3. When the building is found to be unsecured, or broken into, officers will also
notify the dispatcher. The key holder will also be notified by the dispatcher.
Discretion must be used in clearing a building, and if time permits, a working dog
may be more practical depending on the size or complexity of the building. As
with any breaking and entering, notify a supervisor. Use caution, as the area is a
crime scene, and may still house the perpetrator.

2-14.3
4. In the event a responsible party will not respond or cannot be reached, make
appropriate notes in the CAD system. Officers are to complete investigation (i.e.
crime scene processing), and clear from the scene.

D. Residential alarms:

1. Officers shall try to contact the owner or person left in charge of the
residence before entering.

2. Officers shall check for suspicious persons or vehicles.

3. Unescorted entry shall only be made if a suspect is still on the premises.

E. Robbery/burglary:

1. If a robbery or burglary has taken place and dispatch has the victim or
reportee on the telephone, they shall obtain any available information about
suspect's description, mode and direction of travel, and shall advise the
business or home to keep everyone out except police personnel.

2. Officers shall proceed with caution in the event the suspects are nearby.

3. Secure crime scene and all physical evidence and summon appropriate
personnel; see GO 2-15, Investigations.

F. False alarms:

1. If responding officers determine the situation to be a false alarm, they shall


so advise dispatcher by telephone or radio.

2. The Chief of Police shall confer with businesses showing repeated false
alarms in order to curb the problem.

2-14.4
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: INVESTIGATIONS NUMBER: 2-15
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.1-3 (7/03) ____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.02.01-
02.05, OPR.02.07 – 02.08, 03.01- 03.05

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Commonwealth's attorney; relationship with


Disposition of cases
Evidence collection
Information; sources of
Interviews/interrogations
Investigation; follow-up
Investigation; preliminary
Organized crime
Undercover operations
Eyewitness identification

I. POLICY:

All members of this department must clearly understand their responsibility for the conduct
of a police investigation to include organized crime, vice/narcotics activity, and intelligence
gathering in order to organize and present the facts of the investigation for a successful
prosecution. The single most important criterion which determines a successful
investigation is correctly obtaining and handling information supplied by a victim or

2-15.1
witness after the crime. The department expects officers to treat investigations as a skill
developed through training and experience, a skill that demands intelligence, logic, and
discipline.

II. PURPOSE:

The purpose of this policy is to establish areas of responsibility for conduct of all criminal
investigations to achieve a more effective utilization of manpower and maintain a line of
communication between all investigative components.

III. PROCEDURES - PRELIMINARY INVESTIGATIONS:

A. The preliminary investigation begins when the first police unit arrives at the scene
of a crime or information is taken over the phone concerning a crime. Normally,
this is a uniformed patrol officer. The preliminary investigation continues until
postponement pending the intervention of specialized detectives, assuming that
postponement will not jeopardize the successful completion of the investigation.

B. A preliminary investigation by the officer consists of, but is not limited to, the
following responsibilities:

1. Providing aid to the injured.

2. Protecting the crime scene to ensure that evidence is not lost or


contaminated.

3. Determining if an offense has actually been committed and, if so, the exact
nature of the offense.

4. Determining the identity of the suspect or suspects and effect an arrest if it


can be accomplished either at the scene or through immediate pursuit.

5. Furnishing other units with descriptions, method, and direction of flight of


suspects, and other relevant information concerning wanted suspect(s) or
vehicles.

6. Obtaining complete identification of all victims and witnesses to include all


phone numbers and employment information.

7. Documenting in detail the exact circumstances of the offense, observing all


conditions, events, and remarks.

8. Arranging for the collection of evidence through the use of department


personnel or through the assistance of outside agencies.

2-15.2
9. Legally obtaining written statements from victim(s), witness(es), and
suspect(s).

10. Deciding the necessity of some degree of follow-up surveillance of the


crime scene.

11. Accurately and completely recording all pertinent information on the


prescribed report forms.

The initial stages of all preliminary investigations, including crime scene processing,
shall be conducted by patrol officers unless it fits the criteria covered in section IV
A of this policy.

C. Follow-up:

In certain serious crimes as defined in Section IV the investigator shall be called,


shall respond, and shall assume responsibility for completion of the preliminary
investigation.

D. Supervisory responsibilities:

The supervisor on duty shall ensure that an adequate and complete preliminary
investigation has been made to review, screen, and approve the officer's report.
Screening shall include a review of facts to ensure that all essential information
indicating a criminal act is included, along with legibility, clarity, and completeness.
Supervisors shall review, approve, and sign crime reports.

E. Crime scene control:

Officers shall limit access to crime scenes to those persons immediately and directly
connected with the investigation. Investigating officers shall apply this rule to other
officers of the department, other agencies, or the community regardless of rank or
position.

F. Suspension of cases:

A patrol officer making an initial report of a crime shall indicate in the report
whether or not the case should be suspended. The officer shall notify the reporting
party of his or her decision to suspend the case. The reviewing supervisor shall
endorse or deny this recommendation. This endorsement to suspend a case may
change at such time the circumstances of the case change. Such a recommendation
shall be based on the following:

2-15.3
1. Availability of witnesses;

2. Lack of suspect information; location, description, vehicle, identity;

3. Lack of information about traceable property;

4. Lack of information about significant modus operandi;

5. Lack of information about significant physical evidence;

6. Lack of usable physical evidence;

7. Lack of any other investigative leads.

IV. PROCEDURES - FOLLOW-UP INVESTIGATIONS:

A. Incidents, cases, investigations, or crime scene processing for which the investigator
will normally handle, be contacted on, or be called out to follow-up shall include,
but not limited to the following:

1. Homicides, unattended or suspicious deaths, and assaults resulting in death.

2. Rape.

3. Armed robberies.

4. Any major disasters where investigations can assist in the identification of


victims.

5. Hostage situations.

6. Kidnapping, extortion.

7. Bombings.

8. Sexual assaults involving juveniles.

9. Shootings or stabbings.

10. Missing persons when foul play or violence is suspected.

11. Serial-type incidents.

12. Police involved shootings.

2-15.4
Officers conducting preliminary investigations of such offenses shall contact the
investigator as soon as practicable. Other cases may be assigned to the investigator
by the Chief of Police, depending upon the circumstances. In case of any of the
above referenced incidences, the Chief of Police shall be notified immediately.

B. The Investigator is placed on a call out status to allow for 24-hour coverage as
needed. The investigator must be accessible by phone at all times and will respond,
if needed, to the scene within one hour of receiving the notification from
Communications.

C. Other investigative activities for which the investigator may be utilized as assigned
by the Chief of Police include, but are not limited to:

1. Vice, organized crime, and intelligence activities.

2. Conducting applicant background investigations.

3. Internal affairs investigations.

4. Assistance of patrol officers in the conduct of their investigations as


directed.

5. Providing investigative support for the Commonwealth’s Attorney as


requested.

6. Performing liaison with and providing assistance to other law


enforcement agencies or elements of the criminal justice system.

7. In such situations where a case number has not been assigned


through CAD, the investigator will obtain such and maintain the necessary
files and reports in a safe and secure manner. Prior to the case being
presented to the Commonwealth’s Attorney for prosecution, the investigator
will ensure all required documents are filed to meet reporting mandates.

D. Occasionally, additional investigation will be required at the end of the tour of duty
of the assigned officer. In such cases, the assigned officer's supervisor shall
determine whether the investigation should be discontinued until the assigned
officer's next tour of duty or continued by the investigating officer, or the officer on
the relieving shift.

E. Except in cases where the investigation would be jeopardized by its temporary


discontinuance, it shall remain the responsibility of the assigned officer.

F. A supplemental report must be prepared by each officer who works on the case, but

2-15.5
not necessarily for each occasion he works on it. The investigator shall maintain a
file to ascertain that supplemental reports are submitted as required.

G. On major offenses, supervisors shall ensure that each officer who responds submits
a supplement detailing what that officer saw and heard as it pertains to the offense.

H. A follow-up investigation report is required for, but is not limited to, the following
activities:

FOR A NON-CRIMINAL CASE:

1. Interviewing complainants and witnesses.

2. Locating missing persons.

3. Locating lost property and returning same to the owner.

4. Investigating deaths, overdoses, suicides and injuries to determine if a crime


was committed.

FOR A CRIMINAL CASE:

1. Reviewing departmental records for investigative leads.

2. Seeking additional information (from other officers, informants, contacts in


community, other investigators/agencies, etc.).

3. Interviewing victims and witnesses.

4. Interrogating suspects.

5. Collecting, properly packaging, and storing physical evidence.

6. Recovering stolen property.

7. Identifying and apprehending the offender.

8. Determining if other crimes may have been committed by the suspect.

9. Plan, organize, obtain warrants for, and conduct searches.

10. Arrange for polygraph examinations, if necessary.

2-15.6
V. PHOTOGRAPHIC LINEUPS

A. The Lawrenceville Police Department conducts only photographic lineups. The


following procedure shall be used when conducting a photographic lineup.

B. Department personnel shall strictly adhere to established procedures for conducting


suspect lineups in order to avoid the possibility of error or undue suggestiveness to
the witnesses.

C. Department personnel shall report any known errors, flaws or non-conformance with
established procedures in the conduct of a suspect lineup that they may observe or
become aware of to their supervisor in order that corrective actions may be taken
and safeguards established to protect the innocent.

D. The officer will confer with the Commonwealth’s Attorney in establishing lineup
procedures in order to assure the best use of this type of evidence and to assure that
procedures established are compatible with the prosecution of criminal cases.
Likewise, instructions given to witnesses during a lineup procedure will be those
established and approved in consultation with the Commonwealth’s Attorney.

E. The Folder Shuffle Method may be used when there are limited personnel resources,
while still allowing for blind administration. These steps should be followed:

• Obtain one (1) suspect photograph that resembles the description of the
perpetrator provided by the witness.
• Obtain five (5) filler photographs that match the description of the
perpetrator, but do not cause the suspect photograph to unduly stand out.
• Obtain ten (10) file folders. [four of the folders will not contain any
photographs and will serve as ‘dummy folders’].

1. Affix one (1) filler photograph inside first folder and label it folder #1.
\
2. Affix the suspect photograph to the inside of the next folder. It is
imperative that this folder not yet be numbered.

3. Affix four (4) filler photographs (one each) into the next empty folders. It
is imperative that this folder not yet be numbered.

4. Shuffle the folders (with the exception of folder #1) so that the administrator
is unaware what folder the suspect photograph is in.

5. Label the shuffled folders #2 through #6.

6. The remaining folders will not contain photographs and should be labeled #7

2-15.7
through #10. These folders will only contain a page with the following text:
“THIS FOLDER INTENTIONALLY LEFT BLANK”. [This is done so
that the witness does not know when he has seen the last photograph.
Agencies may choose to include up to eight (8) photographs instead of the
recommended six (6). When increasing the number of photographs, it is
necessary to increase the number of blank folders. The intent is that the
witness is not aware of when the last photograph is being presented.]

7. Place all folders in numerical order for presentation of the lineup.

8. The administrator should provide instructions to the witness. The witness


should be informed that the perpetrator may or may not be contained in the
photos he is about to see, and that the administrator does not know which
folder contains the suspect.

9. Without looking at the photo in the folder, the administrator is to hand each
folder to the witness individually. The witness must view the photo in the
folder and then return it to the administrator before being presented with the
next folder. The order of the photos should be preserved, in a face down
position, in order to document in step 11. The witness may be permitted to
review the folders a second time, but it is imperative that all folders are
provided in the same order as the original presentation.

10. Instruct the witness that the procedure – only if identification is made –
requires the investigator to ask the witness to state, in his/her own words,
how certain he/she is of any identification at the time the identification is
made.

11. The administrator should then document and record the results of the
procedure. This should include:

a. Date, time and location of the procedure


b. Name of the administrator
c. Names of all persons present during the procedure
d. Number of photos shown, and copies of the photos themselves
e. The order in which the folders were presented
f. The source of all the photos that were used
g. A statement of confidence in the witnesses own words as to the
certainty of his identification, taken immediately upon his reaction to
viewing
h. Any additional information the administrator deems pertinent to the
procedure. It is imperative for the administrator not to ask the
witness for a numerical rating of their confidence level.

2-15.8
12. Fillers photos that generally resemble the suspect should be chosen, while
ensuring that the suspect does not unduly stand out. However, uniformity of
features is not required. If the witness has previously viewed a photo lineup
in connection with the identification of another person suspected of
involvement in the offense, the filler photographs should be different than
the fillers used in previous lineups.

13. When there are multiple suspects, each identification procedure should
include only one suspect.

14. Avoid mixing color and black and white photos.

15. Cover any portion of a photo that may provide identifying information about
the person in the photo, or any prior arrest information. Use similar block
out on all the other photos, so no one photo stands out.

16. Photos should be of same size and basic composition, and do not mix mug
shots with other snapshots, nor include more than one photo of the suspect.

17. Select fillers that generally fit the witness’s description in significant
features.

18. Select a photo that resembles the suspect’s appearance at the time of the
offense, if multiple photos exist.

19. Ensure that photos are reasonably contemporary.

20. Include a minimum of five filler photos.

21. Create a consistent appearance between fillers and suspect so that the photos
depict individuals who are reasonably similar in age, height, weight, and
general appearance, and are of the same sex and race. However, avoid using
fillers that so closely resemble the suspect that a person familiar with the
suspect might find it difficult to distinguish the suspect from the fillers.

22. If there are multiple witnesses, each witness should view the photo lineup
independently and separately, and the suspect photo should be placed in a
different position for each witness.

23. Review the array, once completed, to ensure that the suspect does not unduly
stand out.

24. The perpetrator may or may not be in the photo lineup, and the administrator
does not know which folder contains the suspect photograph.

2-15.9
25. The witness should not feel compelled to make an identification. The
investigation will continue regardless of whether an identification is made.
The witness shall write out in his or her own words, how certain he/she is of
the identification, and sign, date and put down the time this was done. [It is
important for the administrator to not ask the witness for a numerical
rating of their confidence level.]

26. The witness should not discuss the identification procedure with other
witnesses, nor speak to the media.

F. Acknowledgement of this General Order constitutes training in Photographic


Lineups. Department personnel should review the procedure annually and before
each time a photographic lineup is used in an investigation.

VI. INTERVIEWS AND INTEROGATIONS:

A. Field interviews:

Field interviews are a productive tool and source of information for the police
department. They shall be used only in the pursuit of legitimate goals for the
department and not to harass citizens. When used properly they can discourage
criminal activity, identify suspects or witnesses, and add intelligence information to
the files of known criminals. Legal guidelines are discussed under GO 2-28.

B. Victim-witness interviews:

1. The trauma/stress to which the victim or witness has been subjected shall be
considered and the interview conducted in such a manner as to reduce stress
and minimize further problems.

2. The age, physical limitations, and credibility of witnesses shall also be


considered.

3. Interviewing techniques specific to victims are discussed under GO 2-28.

C. Interrogation of suspects:

Interrogations to obtain investigative leads can be very useful, but all constitutional
precautions must be taken and recorded if the interrogation is to be used in court
later.

Detailed notes or a recorded tape shall be made of the interrogation for court use
giving time, date, location, officers present, waiver of rights, time interrogation

2-15.10
ended. A Miranda Waiver Form will be utilized prior to the interrogation.
Statements obtained during an interrogation must not be based on coercion,
promises, delays in arraignment, or deprivation of counsel. In order to use a
statement in court, a suspect shall be advised of his or her Miranda rights, and the
officer must be able to demonstrate that the suspect understood those rights. See
GO 2-1 for further legal requirements. Juvenile suspects must be given the same
constitutional protection as adults. The following additional safeguards shall be
followed:

1. Parents or guardians shall be notified whenever a juvenile is interrogated,


taken into custody, or charged or every attempt to notify a parent or legal
guardian must be made.

2. The number of officers engaged in the interrogation shall be kept to a


minimum.

3. A brief explanation of the juvenile justice system and departmental


procedures shall be provided.

VII. RELATIONSHIP WITH COMMONWEALTH'S ATTORNEY:

A. In order to ensure an effective working relationship with the Commonwealth


Attorney’s Office, all personnel are required to forward a copy of the entire case file
to the Commonwealth Attorney and discuss that case file to determine strategies for
successful prosecution of the offender.

B. In every contested case, misdemeanor or felony, the officer involved shall make an
appointment with the Commonwealth's Attorney or his/her assistant to discuss the
case before trial.

C. During any investigation (or during planning for arrest or pretrial stages), any
questions of law or criminal procedure shall be addressed to the Commonwealth's
Attorney or assistant. Questions on police procedures shall be addressed to the
Chief of Police or his/her designee.

D. Any criminal cases referred to the Commonwealth's Attorney which result either in
a decision of declined to prosecute or dismissed due to department mishandling
must be carefully reviewed by the Commonwealth's Attorney. The
Commonwealth's Attorney has been asked to call such cases to the attention of the
Chief of Police.

VIII. ORGANIZED, VICE, OR NARCOTICS CRIMES AND POLICE INTELLIGENCE


INFORMATION AND COMPLAINTS:

2-15.11
A. Officers may receive information on or complaints regarding organized crime, vice,
narcotics, or matters of law enforcement intelligence demanding investigation.
Organized crime, vice/narcotics activities, and areas of police intelligence interest
may include any of the following:

1. Corruption, extortion, bribery;

2. Illegal sale and distribution of liquor, tobacco, firearms, or controlled


substances;

3. Prostitution, pornography;

4. Gambling;

5. Theft/fencing rings;

6. Loan sharking or labor racketeering;

7. Terrorism, subversive activities, civil disorders;

B. Officers receiving such information shall prepare an incident/information report


which shall include the following information:

1. Type of illegal/suspected activity, location, names and addresses of suspects


involved and information concerning the activities.
2. If there is a complainant, name, address, and telephone number are needed
honoring the request to remain anonymous.

C. Initially, the reporting officer shall conduct no preliminary or follow-up


investigation, but shall personally contact the supervisor, who will then contact the
Chief of Police concerning the reported information.

1. The Chief of Police or his designee shall confer on the case with appropriate
state, federal, or local law enforcement agencies.

2. Records and reports relating to active vice, drug, and organized crime
investigations shall be securely filed and maintained separately from the
central records system. The Chief of Police will designate a record’s
custodian for such files and that designee will maintain these in his/her
office. This is to include records for the authorization, distribution, and use
of any surveillance and/or undercover equipment owned or issued to the
agency.

2-15.12
IX. UNDERCOVER OPERATIONS

A. Undercover operations can include organized crime, vice, narcotics,


surveillance, and decoy operations. Raids are covered in detail in GO 2-43.

B. The Chief of Police, or his/her designee, shall coordinate and provide


operational supervision for all department undercover operations.

C. Although every undercover operation is unique in its scope and


implementation, the following general guidelines should be followed and
documented in the form of an operational plan:

1. All officers involved in the undercover operation shall be


familiarized with the objective, operational details, and the
target/neighborhood area.

2. Procedures shall be established prior to commencement of


the operation for observation, arrests, surveillance, and high-risk entries.

3. Contingency plans shall be established for providing


emergency relief, backup security, and perimeter protection for officers.

4. If necessary and following guidelines set forth in Virginia


Code, the chief, or his/her designee, shall arrange for supplying officers with
false identities, disguises, and necessary credentials.

5. The chief of police or his designee shall authorize and


distribute any surveillance or undercover equipment needed for the
operation.

6. The undercover or surveillance equipment shall be used for


the prescribed operation and then returned to the chief of police or his
designee.

7. All efforts shall be made to ensure operational security to


protect overall confidentiality and cover.

8. An evidence/contraband recovery plan shall be established


for each operation. Except in exigent circumstances, only designated
personnel will handle evidence/contraband.

9. When deemed necessary by the chief or his/her designee,


rescue personnel shall be alerted and standing by during undercover
operations. No operational details will be released to rescue personnel

2-15.13
unless authorized by the chief or his/her designee.

10. Provisions shall be made for constant radio communications


capability. Officers participating in the operation shall be informed of radio
frequencies, duress signals, and other special codes.

11. All undercover operations shall be properly documented by the operational


commander and forwarded to the Chief of Police or his/her designee.

X. SOURCES OF INFORMATION

A. General:

Officers, through their routine performance, must cultivate sources of information


from which to draw from in an investigation.

B. Informants:

Information is available from many sources, e.g., concerned citizens who wish to
remain anonymous, relatives or friends of those involved in criminal activities, and
criminals who have firsthand knowledge of illegal activity and are willing to
provide information to law enforcement. These sources shall be kept in mind when
conducting investigations and related interviews. Officers are cautioned to
determine the motivation of people who provide information and corroborate the
information if possible.

1. Informants, when used in any investigation, must be documented. This


documentation may be in the form of a crime-line information sheet or the
documentation may be in the form of the confidential source of information
(CSI) sheet. Consideration of information from informants, an examination
of their reliability, and the establishment of their credibility shall be done by
the Chief of Police or his/her designee.

a. Informant documentation will be maintained in a secured master file.


b. The information shall include the informant number assigned by the
designee to the Chief of Police. It shall also include biographical
information, a photograph, background information, verification that
a criminal history check has been made, and the informants
corresponding identification number. Old informant files shall be
purged on a case by case basis. These files will be
maintained in a locked and secure location.
c. Two officers shall meet an informant for the initial debrief. When
an
informant of the opposite sex is utilized, there will always be two

2-15.14
officers present. Before an informant is used the informant must
agree to and sign the CSI agreement form. All information must be
verified before using.
d. Juvenile informants will only be used with the permission of the
parents, the Chief of Police, and consultation with the
Commonwealth Attorney.
e. Officers are encouraged to use informants, but they must follow
these procedures and forward all informant information to the chief
of police or his/her designee.

2. All paid informants will be handled by The Twin Rivers Drug Task Force.
All records pertaining to the informant and any payment of the informant
will be maintained by the Twin Rivers Drug Task Force.

3. Informant confidentiality shall be maintained. Officers shall not discuss


cases involving informants with anyone not participating on the case.

XI. CASE MANAGEMENT AND DISPOSITION

A. All case reports will be reviewed by the Chief of Police or his/her designee. A
determination shall be made if the case is assigned to an officer, investigator, or
placed in an inactive status.

B. Supervisors will ensure that case follow-up is completed and reported to ensure
proper closure of cases. The Chief of Police or his/her designee shall complete a
quarterly audit of cases to ensure proper closure of cases.

C. The records management section shall maintain files of all cases. All case files shall
be appropriately labeled with the corresponding case number.

1. The file shall contain the original incident report, any supplementary reports,
statements, reports of disposition of any property stolen, confiscated,
recovered, or otherwise pertinent to the case, plus arrest reports, and
anything else the investigating officer deems pertinent. It is the
responsibility of the investigating officer to ensure that all necessary
documents are in the case file.

2. Access to files shall be limited to sworn law enforcement personnel and


administrative support staff.

3. Files shall be maintained until ordered purged by the local courts.

E. When the investigation is complete, the investigating officer (his/her own case
coordinator) shall close the case, and include in the file a statement, giving one of

2-15.15
the following labels:

1. Cleared by Arrest - all arrests have been made in this case.

2. Exceptional Clearance - the identity and address or exact location of the


culprit is known and sufficient evidence to obtain a warrant exists.
However, due to some reason outside the control of the police, no arrest will
be made. Examples: Complainant will not prosecute; Commonwealth's
Attorney will not prosecute; perpetrator is dead; subject arrested by another
jurisdiction and no charges will be placed by the department.

3. Pending – the investigating officer is still pursuing leads in this case until all
leads have been exhausted and it is made inactive or the case is closed by
some other means.

4. Inactive - all leads have been exhausted. No further investigation is possible


or practical until new leads develop.

5. Unfounded - the offense did not really occur in the first place, although at
the time of the original report, it was believed to have occurred.

2-15.16
POLICE DEPARTMENT

GENERAL ORDERS
SUBJECT: INVESTIGATIONS NUMBER: 2-15
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.1-3 (7/03) ____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.02.01-
02.05, OPR.02.07 – 02.08, 03.01- 03.05

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Commonwealth's attorney; relationship with


Disposition of cases
Evidence collection
Information; sources of
Interviews/interrogations
Investigation; follow-up
Investigation; preliminary
Organized crime
Undercover operations
Eyewitness identification

I. POLICY:

All members of this department must clearly understand their responsibility for the conduct
of a police investigation to include organized crime, vice/narcotics activity, and intelligence
gathering in order to organize and present the facts of the investigation for a successful
prosecution. The single most important criterion which determines a successful
investigation is correctly obtaining and handling information supplied by a victim or

2-15.1
witness after the crime. The department expects officers to treat investigations as a skill
developed through training and experience, a skill that demands intelligence, logic, and
discipline.

II. PURPOSE:

The purpose of this policy is to establish areas of responsibility for conduct of all criminal
investigations to achieve a more effective utilization of manpower and maintain a line of
communication between all investigative components.

III. PROCEDURES - PRELIMINARY INVESTIGATIONS:

A. The preliminary investigation begins when the first police unit arrives at the scene
of a crime or information is taken over the phone concerning a crime. Normally,
this is a uniformed patrol officer. The preliminary investigation continues until
postponement pending the intervention of specialized detectives, assuming that
postponement will not jeopardize the successful completion of the investigation.

B. A preliminary investigation by the officer consists of, but is not limited to, the
following responsibilities:

1. Providing aid to the injured.

2. Protecting the crime scene to ensure that evidence is not lost or


contaminated.

3. Determining if an offense has actually been committed and, if so, the exact
nature of the offense.

4. Determining the identity of the suspect or suspects and effect an arrest if it


can be accomplished either at the scene or through immediate pursuit.

5. Furnishing other units with descriptions, method, and direction of flight of


suspects, and other relevant information concerning wanted suspect(s) or
vehicles.

6. Obtaining complete identification of all victims and witnesses to include all


phone numbers and employment information.

7. Documenting in detail the exact circumstances of the offense, observing all


conditions, events, and remarks.

8. Arranging for the collection of evidence through the use of department


personnel or through the assistance of outside agencies.

2-15.2
9. Legally obtaining written statements from victim(s), witness(es), and
suspect(s).

10. Deciding the necessity of some degree of follow-up surveillance of the


crime scene.

11. Accurately and completely recording all pertinent information on the


prescribed report forms.

The initial stages of all preliminary investigations, including crime scene processing,
shall be conducted by patrol officers unless it fits the criteria covered in section IV
A of this policy.

C. Follow-up:

In certain serious crimes as defined in Section IV the investigator shall be called,


shall respond, and shall assume responsibility for completion of the preliminary
investigation.

D. Supervisory responsibilities:

The supervisor on duty shall ensure that an adequate and complete preliminary
investigation has been made to review, screen, and approve the officer's report.
Screening shall include a review of facts to ensure that all essential information
indicating a criminal act is included, along with legibility, clarity, and completeness.
Supervisors shall review, approve, and sign crime reports.

E. Crime scene control:

Officers shall limit access to crime scenes to those persons immediately and directly
connected with the investigation. Investigating officers shall apply this rule to other
officers of the department, other agencies, or the community regardless of rank or
position.

F. Suspension of cases:

A patrol officer making an initial report of a crime shall indicate in the report
whether or not the case should be suspended. The officer shall notify the reporting
party of his or her decision to suspend the case. The reviewing supervisor shall
endorse or deny this recommendation. This endorsement to suspend a case may
change at such time the circumstances of the case change. Such a recommendation
shall be based on the following:

2-15.3
1. Availability of witnesses;

2. Lack of suspect information; location, description, vehicle, identity;

3. Lack of information about traceable property;

4. Lack of information about significant modus operandi;

5. Lack of information about significant physical evidence;

6. Lack of usable physical evidence;

7. Lack of any other investigative leads.

IV. PROCEDURES - FOLLOW-UP INVESTIGATIONS:

A. Incidents, cases, investigations, or crime scene processing for which the investigator
will normally handle, be contacted on, or be called out to follow-up shall include,
but not limited to the following:

1. Homicides, unattended or suspicious deaths, and assaults resulting in death.

2. Rape.

3. Armed robberies.

4. Any major disasters where investigations can assist in the identification of


victims.

5. Hostage situations.

6. Kidnapping, extortion.

7. Bombings.

8. Sexual assaults involving juveniles.

9. Shootings or stabbings.

10. Missing persons when foul play or violence is suspected.

11. Serial-type incidents.

12. Police involved shootings.

2-15.4
Officers conducting preliminary investigations of such offenses shall contact the
investigator as soon as practicable. Other cases may be assigned to the investigator
by the Chief of Police, depending upon the circumstances. In case of any of the
above referenced incidences, the Chief of Police shall be notified immediately.

B. The Investigator is placed on a call out status to allow for 24-hour coverage as
needed. The investigator must be accessible by phone at all times and will respond,
if needed, to the scene within one hour of receiving the notification from
Communications.

C. Other investigative activities for which the investigator may be utilized as assigned
by the Chief of Police include, but are not limited to:

1. Vice, organized crime, and intelligence activities.

2. Conducting applicant background investigations.

3. Internal affairs investigations.

4. Assistance of patrol officers in the conduct of their investigations as


directed.

5. Providing investigative support for the Commonwealth’s Attorney as


requested.

6. Performing liaison with and providing assistance to other law


enforcement agencies or elements of the criminal justice system.

7. In such situations where a case number has not been assigned


through CAD, the investigator will obtain such and maintain the necessary
files and reports in a safe and secure manner. Prior to the case being
presented to the Commonwealth’s Attorney for prosecution, the investigator
will ensure all required documents are filed to meet reporting mandates.

D. Occasionally, additional investigation will be required at the end of the tour of duty
of the assigned officer. In such cases, the assigned officer's supervisor shall
determine whether the investigation should be discontinued until the assigned
officer's next tour of duty or continued by the investigating officer, or the officer on
the relieving shift.

E. Except in cases where the investigation would be jeopardized by its temporary


discontinuance, it shall remain the responsibility of the assigned officer.

F. A supplemental report must be prepared by each officer who works on the case, but

2-15.5
not necessarily for each occasion he works on it. The investigator shall maintain a
file to ascertain that supplemental reports are submitted as required.

G. On major offenses, supervisors shall ensure that each officer who responds submits
a supplement detailing what that officer saw and heard as it pertains to the offense.

H. A follow-up investigation report is required for, but is not limited to, the following
activities:

FOR A NON-CRIMINAL CASE:

1. Interviewing complainants and witnesses.

2. Locating missing persons.

3. Locating lost property and returning same to the owner.

4. Investigating deaths, overdoses, suicides and injuries to determine if a crime


was committed.

FOR A CRIMINAL CASE:

1. Reviewing departmental records for investigative leads.

2. Seeking additional information (from other officers, informants, contacts in


community, other investigators/agencies, etc.).

3. Interviewing victims and witnesses.

4. Interrogating suspects.

5. Collecting, properly packaging, and storing physical evidence.

6. Recovering stolen property.

7. Identifying and apprehending the offender.

8. Determining if other crimes may have been committed by the suspect.

9. Plan, organize, obtain warrants for, and conduct searches.

10. Arrange for polygraph examinations, if necessary.

2-15.6
V. PHOTOGRAPHIC LINEUPS

A. The Lawrenceville Police Department conducts only photographic lineups. The


following procedure shall be used when conducting a photographic lineup.

B. Department personnel shall strictly adhere to established procedures for conducting


suspect lineups in order to avoid the possibility of error or undue suggestiveness to
the witnesses.

C. Department personnel shall report any known errors, flaws or non-conformance with
established procedures in the conduct of a suspect lineup that they may observe or
become aware of to their supervisor in order that corrective actions may be taken
and safeguards established to protect the innocent.

D. The officer will confer with the Commonwealth’s Attorney in establishing lineup
procedures in order to assure the best use of this type of evidence and to assure that
procedures established are compatible with the prosecution of criminal cases.
Likewise, instructions given to witnesses during a lineup procedure will be those
established and approved in consultation with the Commonwealth’s Attorney.

E. The Folder Shuffle Method may be used when there are limited personnel resources,
while still allowing for blind administration. These steps should be followed:

• Obtain one (1) suspect photograph that resembles the description of the
perpetrator provided by the witness.
• Obtain five (5) filler photographs that match the description of the
perpetrator, but do not cause the suspect photograph to unduly stand out.
• Obtain ten (10) file folders. [four of the folders will not contain any
photographs and will serve as ‘dummy folders’].

1. Affix one (1) filler photograph inside first folder and label it folder #1.
\
2. Affix the suspect photograph to the inside of the next folder. It is
imperative that this folder not yet be numbered.

3. Affix four (4) filler photographs (one each) into the next empty folders. It
is imperative that this folder not yet be numbered.

4. Shuffle the folders (with the exception of folder #1) so that the administrator
is unaware what folder the suspect photograph is in.

5. Label the shuffled folders #2 through #6.

6. The remaining folders will not contain photographs and should be labeled #7

2-15.7
through #10. These folders will only contain a page with the following text:
“THIS FOLDER INTENTIONALLY LEFT BLANK”. [This is done so
that the witness does not know when he has seen the last photograph.
Agencies may choose to include up to eight (8) photographs instead of the
recommended six (6). When increasing the number of photographs, it is
necessary to increase the number of blank folders. The intent is that the
witness is not aware of when the last photograph is being presented.]

7. Place all folders in numerical order for presentation of the lineup.

8. The administrator should provide instructions to the witness. The witness


should be informed that the perpetrator may or may not be contained in the
photos he is about to see, and that the administrator does not know which
folder contains the suspect.

9. Without looking at the photo in the folder, the administrator is to hand each
folder to the witness individually. The witness must view the photo in the
folder and then return it to the administrator before being presented with the
next folder. The order of the photos should be preserved, in a face down
position, in order to document in step 11. The witness may be permitted to
review the folders a second time, but it is imperative that all folders are
provided in the same order as the original presentation.

10. Instruct the witness that the procedure – only if identification is made –
requires the investigator to ask the witness to state, in his/her own words,
how certain he/she is of any identification at the time the identification is
made.

11. The administrator should then document and record the results of the
procedure. This should include:

a. Date, time and location of the procedure


b. Name of the administrator
c. Names of all persons present during the procedure
d. Number of photos shown, and copies of the photos themselves
e. The order in which the folders were presented
f. The source of all the photos that were used
g. A statement of confidence in the witnesses own words as to the
certainty of his identification, taken immediately upon his reaction to
viewing
h. Any additional information the administrator deems pertinent to the
procedure. It is imperative for the administrator not to ask the
witness for a numerical rating of their confidence level

2-15.8
Fillers photos that generally resemble the suspect should be chosen,
while ensuring that the suspect does not unduly stand out. However,
uniformity of features is not required. If the witness has previously
viewed a photo lineup in connection with the identification of
another person suspected of involvement in the offense, the filler
photographs should be different than the fillers used in previous
lineups.

12. When there are multiple suspects, each identification procedure should
include only one suspect.

13. Avoid mixing color and black and white photos.

14. Cover any portion of a photo that may provide identifying information about
the person in the photo, or any prior arrest information. Use similar block
out on all the other photos, so no one photo stands out.

15. Photos should be of same size and basic composition, and do not mix mug
shots with other snapshots, nor include more than one photo of the suspect.

16. Select fillers that generally fit the witness’s description in significant
features.

17. Select a photo that resembles the suspect’s appearance at the time of the
offense, if multiple photos exist.

18. Ensure that photos are reasonably contemporary.

19. Include a minimum of five filler photos.

20. Create a consistent appearance between fillers and suspect so that the photos
depict individuals who are reasonably similar in age, height, weight, and
general appearance, and are of the same sex and race. However, avoid using
fillers that so closely resemble the suspect that a person familiar with the
suspect might find it difficult to distinguish the suspect from the fillers.

21. If there are multiple witnesses, each witness should view the photo lineup
independently and separately, and the suspect photo should be placed in a
different position for each witness.
22. Review the array, once completed, to ensure that the suspect does not unduly
stand out.

23. The perpetrator may or may not be in the photo lineup, and the administrator
does not know which folder contains the suspect photograph.

2-15.9
16 The witness should not feel compelled to make an identification. The
investigation will continue regardless of whether an identification is made.
The witness shall write out in his or her own words, how certain he/she is of
the identification, and sign, date and put down the time this was done. [It is
important for the administrator to not ask the witness for a numerical
rating of their confidence level.]

17 The witness should not discuss the identification procedure with other
witnesses, nor speak to the media.

18. Without looking at the folder, the administrator will hand each folder
to the witness individually. The witness must view the photo in the folder
and then return it to the administrator before being presented with the next
folder. The administrator shall document the order of the presentation of the
folders.

19. Administrator shall document and record the results of the procedure,
including the date, time and location of the procedure; the name of the
administrator; the names of the individuals present; the number of photos
shown; copies of the photos themselves; the order in which the folders were
presented; the sources of all the photos that were used; the witnesses statement
of confidence as to the certainty of the identification; and any additional
information deemed pertinent.

F. Department personnel will receive initial training in photographic lineups and


refresher training annually thereafter.

VI. INTERVIEWS AND INTEROGATIONS:

A. Field interviews:

Field interviews are a productive tool and source of information for the police
department. They shall be used only in the pursuit of legitimate goals for the
department and not to harass citizens. When used properly they can discourage
criminal activity, identify suspects or witnesses, and add intelligence information to
the files of known criminals. Legal guidelines are discussed under GO 2-28.

B. Victim-witness interviews:

1. The trauma/stress to which the victim or witness has been subjected shall be
considered and the interview conducted in such a manner as to reduce stress
and minimize further problems.

2-15.10
2. The age, physical limitations, and credibility of witnesses shall also be
considered.

3. Interviewing techniques specific to victims are discussed under GO 2-28.

C. Interrogation of suspects:

Interrogations to obtain investigative leads can be very useful, but all constitutional
precautions must be taken and recorded if the interrogation is to be used in court
later.

Detailed notes or a recorded tape shall be made of the interrogation for court use
giving time, date, location, officers present, waiver of rights, time interrogation
ended. A Miranda Waiver Form will be utilized prior to the interrogation.
Statements obtained during an interrogation must not be based on coercion,
promises, delays in arraignment, or deprivation of counsel. In order to use a
statement in court, a suspect shall be advised of his or her Miranda rights, and the
officer must be able to demonstrate that the suspect understood those rights. See
GO 2-1 for further legal requirements. Juvenile suspects must be given the same
constitutional protection as adults. The following additional safeguards shall be
followed:

1. Parents or guardians shall be notified whenever a juvenile is interrogated,


taken into custody, or charged or every attempt to notify a parent or legal
guardian must be made.

2. The number of officers engaged in the interrogation shall be kept to a


minimum.

3. A brief explanation of the juvenile justice system and departmental


procedures shall be provided.

VII. RELATIONSHIP WITH COMMONWEALTH'S ATTORNEY:

A. In order to ensure an effective working relationship with the Commonwealth


Attorney’s Office, all personnel are required to forward a copy of the entire case file
to the Commonwealth Attorney and discuss that case file to determine strategies for
successful prosecution of the offender.

B. In every contested case, misdemeanor or felony, the officer involved shall make an
appointment with the Commonwealth's Attorney or his/her assistant to discuss the
case before trial.

C. During any investigation (or during planning for arrest or pretrial stages), any

2-15.11
questions of law or criminal procedure shall be addressed to the Commonwealth's
Attorney or assistant. Questions on police procedures shall be addressed to the
Chief of Police or his/her designee.

D. Any criminal cases referred to the Commonwealth's Attorney which result either in
a decision of declined to prosecute or dismissed due to department mishandling
must be carefully reviewed by the Commonwealth's Attorney. The
Commonwealth's Attorney has been asked to call such cases to the attention of the
Chief of Police.

VIII. ORGANIZED, VICE, OR NARCOTICS CRIMES AND POLICE INTELLIGENCE


INFORMATION AND COMPLAINTS:

A. Officers may receive information on or complaints regarding organized crime, vice,


narcotics, or matters of law enforcement intelligence demanding investigation.
Organized crime, vice/narcotics activities, and areas of police intelligence interest
may include any of the following:

1. Corruption, extortion, bribery;

2. Illegal sale and distribution of liquor, tobacco, firearms, or controlled


substances;

3. Prostitution, pornography;

4. Gambling;

5. Theft/fencing rings;

6. Loan sharking or labor racketeering;

7. Terrorism, subversive activities, civil disorders;

B. Officers receiving such information shall prepare an incident/information report


which shall include the following information:

1. Type of illegal/suspected activity, location, names and addresses of suspects


involved and information concerning the activities.
2. If there is a complainant, name, address, and telephone number are needed
honoring the request to remain anonymous.

C. Initially, the reporting officer shall conduct no preliminary or follow-up


investigation, but shall personally contact the supervisor, who will then contact the

2-15.12
Chief of Police concerning the reported information.

1. The Chief of Police or his designee shall confer on the case with appropriate
state, federal, or local law enforcement agencies.

2. Records and reports relating to active vice, drug, and organized crime
investigations shall be securely filed and maintained separately from the
central records system. The Chief of Police will designate a record’s
custodian for such files and that designee will maintain these in his/her
office. This is to include records for the authorization, distribution, and use
of any surveillance and/or undercover equipment owned or issued to the
agency.

IX. UNDERCOVER OPERATIONS

A. Undercover operations can include organized crime, vice, narcotics,


surveillance, and decoy operations. Raids are covered in detail in GO 2-43.

B. The Chief of Police, or his/her designee, shall coordinate and provide


operational supervision for all department undercover operations.

C. Although every undercover operation is unique in its scope and


implementation, the following general guidelines should be followed and
documented in the form of an operational plan:

1. All officers involved in the undercover operation shall be


familiarized with the objective, operational details, and the
target/neighborhood area.

2. Procedures shall be established prior to commencement of


the operation for observation, arrests, surveillance, and high-risk entries.

3. Contingency plans shall be established for providing


emergency relief, backup security, and perimeter protection for officers.

4. If necessary and following guidelines set forth in Virginia


Code, the chief, or his/her designee, shall arrange for supplying officers with
false identities, disguises, and necessary credentials.

5. The chief of police or his designee shall authorize and


distribute any surveillance or undercover equipment needed for the
operation.

6. The undercover or surveillance equipment shall be used for

2-15.13
the prescribed operation and then returned to the chief of police or his
designee.

7. All efforts shall be made to ensure operational security to


protect overall confidentiality and cover.

8. An evidence/contraband recovery plan shall be established


for each operation. Except in exigent circumstances, only designated
personnel will handle evidence/contraband.

9. When deemed necessary by the chief or his/her designee,


rescue personnel shall be alerted and standing by during undercover
operations. No operational details will be released to rescue personnel
unless authorized by the chief or his/her designee.

10. Provisions shall be made for constant radio communications


capability. Officers participating in the operation shall be informed of radio
frequencies, duress signals, and other special codes.

11. All undercover operations shall be properly documented by the operational


commander and forwarded to the Chief of Police or his/her designee.

X. SOURCES OF INFORMATION

A. General:

Officers, through their routine performance, must cultivate sources of information


from which to draw from in an investigation.

B. Informants:

Information is available from many sources, e.g., concerned citizens who wish to
remain anonymous, relatives or friends of those involved in criminal activities, and
criminals who have firsthand knowledge of illegal activity and are willing to
provide information to law enforcement. These sources shall be kept in mind when
conducting investigations and related interviews. Officers are cautioned to
determine the motivation of people who provide information and corroborate the
information if possible.

1. Informants, when used in any investigation, must be documented. This


documentation may be in the form of a crime-line information sheet or the
documentation may be in the form of the confidential source of information
(CSI) sheet. Consideration of information from informants, an examination
of their reliability, and the establishment of their credibility shall be done by

2-15.14
the Chief of Police or his/her designee.

a. Informant documentation will be maintained in a secured master file.


b. The information shall include the informant number assigned by the
designee to the Chief of Police. It shall also include biographical
information, a photograph, background information, verification that
a criminal history check has been made, and the informants
corresponding identification number. Old informant files shall be
purged on a case by case basis. These files will be
maintained in a locked and secure location.
c. Two officers shall meet an informant for the initial debrief. When
an
informant of the opposite sex is utilized, there will always be two
officers present. Before an informant is used the informant must
agree to and sign the CSI agreement form. All information must be
verified before using.
d. Juvenile informants will only be used with the permission of the
parents, the Chief of Police, and consultation with the
Commonwealth Attorney.
e. Officers are encouraged to use informants, but they must follow
these procedures and forward all informant information to the chief
of police or his/her designee.

2. Requests for money to pay informants shall be handled on a case by case


basis. Payment may be made through crime-line or from funds for payment
of CSI’s. Notification of the Chief of Police or his/her designee, prior to any
commitment for payment should occur. In the event a CSI is paid, a receipt
must be issued and signed by the CSI and two witnesses.

3. Informant confidentiality shall be maintained. Officers shall not discuss


cases involving informants with anyone not participating on the case.

XI. CASE MANAGEMENT AND DISPOSITION

A. All case reports will be reviewed by the Chief of Police or his/her designee. A
determination shall be made if the case is assigned to an officer, investigator, or
placed in an inactive status.

B. Supervisors will ensure that case follow-up is completed and reported to ensure
proper closure of cases. The Chief of Police or his/her designee shall complete a
quarterly audit of cases to ensure proper closure of cases.

C. The records management section shall maintain files of all cases. All case files shall
be appropriately labeled with the corresponding case number.

2-15.15
1. The file shall contain the original incident report, any supplementary reports,
statements, reports of disposition of any property stolen, confiscated,
recovered, or otherwise pertinent to the case, plus arrest reports, and
anything else the investigating officer deems pertinent. It is the
responsibility of the investigating officer to ensure that all necessary
documents are in the case file.

2. Access to files shall be limited to sworn law enforcement personnel and


administrative support staff.

3. Files shall be maintained until ordered purged by the local courts.

E. When the investigation is complete, the investigating officer (his/her own case
coordinator) shall close the case, and include in the file a statement, giving one of
the following labels:

1. Cleared by Arrest - all arrests have been made in this case.

2. Exceptional Clearance - the identity and address or exact location of the


culprit is known and sufficient evidence to obtain a warrant exists.
However, due to some reason outside the control of the police, no arrest will
be made. Examples: Complainant will not prosecute; Commonwealth's
Attorney will not prosecute; perpetrator is dead; subject arrested by another
jurisdiction and no charges will be placed by the department.

3. Pending – the investigating officer is still pursuing leads in this case until all
leads have been exhausted and it is made inactive or the case is closed by
some other means.

4. Inactive - all leads have been exhausted. No further investigation is possible


or practical until new leads develop.

5. Unfounded - the offense did not really occur in the first place, although at
the time of the original report, it was believed to have occurred.

2-15.16
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: CRIME ANALYSIS NUMBER: 2-16
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_____________________________________
Chief of Police
VLEPSC STANDARDS: ADM.11.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's
civil or criminal 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 this department, and then only in a non-
judicial administrative setting.

INDEX WORDS:

Crime Analysis

I. POLICY:

The Lawrenceville Police Department collects data from many different


sources to perform the crime analysis function in the department. Some of the
sources that data is retrieved from are: Computer Aided Dispatch (CAD System),
Records Management System (RMS), written documentation.

II. PURPOSE:

The purpose of this general order is to establish the crime analysis function
of the Lawrenceville Police Department.

III. PROCEDURES:

A. Sources of data:

1. Computer Aided Dispatch (CAD) and Records Management


System (RMS):

2-16.1
Data inside of both the CAD and the RMS can be extracted in
many different forms meeting individual requirements as well as
many different types of reports. These systems can produce both
documentation containing temporal (time) and geographic
(location) information of crimes perpetrated.

2. Written documentation:

The police department keeps written documentation on file of all


incidents that are reported and found to be actual incidents. This
documentation is a hard copy of that which is entered in the
Records Management System (RMS).

B. Analysis of Crime Data:

1. Data from the above described sources is gathered, in the format


requested by the Chief of Police, by the person assigned to the
crime analysis function. The collection of this data is used to help
forecast areas of police as well as citizen concerns, to which crime
most likely will occur next based on past records of the type of
crime being viewed.

2. Once the crime analysis information has been gathered and


formatted, the officer assigned to the crime analysis function will
distribute the information to the Chief of Police as well as each
supervisor.

3. Supervisors will provide feedback to the analysis during


supervisory meetings and as otherwise deemed appropriate.

4. The Chief of Police will continuously evaluate the crime analysis


program, making changes to fit the needs of the department and the
community.

2-16.2
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: NUMBER: 2-17
COLLECTION/PRESERVATION
OF EVIDENCE
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
2-15 (1-88)
______________________________________
Chief of Police
VLEPSC STANDARDS: ADM.16.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Crime scene
Evidence
Exclusionary rule
Preservation of evidence

I. POLICY:

Proper documentation, collection, preservation, and submission of physical evidence


to forensic laboratories may provide the key ingredients of any investigation. The crime
scene is usually the starting point of a criminal investigation. Through evidence located at
the scene, suspects are developed or eliminated, investigative leads are established, and
theories concerning the crime are substantiated or disproved. The officer or investigator
must always be aware that any physical evidence collected might someday have to be
presented in court. Therefore, it is imperative that each officer carefully process a crime
scene not to overlook or contaminate or destroy evidence. Physical evidence appears in
many shapes, sizes and forms, thereby necessitating various recovery, preservation, and
submission techniques. The officer or investigator shall be prepared to collect, identify, and
package the evidence so that it will not be changed in form and value when it reaches the
laboratory. The officer collecting the evidence shall maintain a chain of custody of that

2-17.1
evidence in order to ensure that it is presented to the court professionally and in compliance
with the law.

II. PURPOSE:

The purpose of this general order is to establish responsibilities for


officers/investigators processing crime scenes and to establish guidelines for the proper
documentation, collection, packaging, and submission of physical evidence to the forensic
laboratory, and to consider the legal dimension of the use of physical evidence.

III. PROCEDURES:

A. Responsibilities of the first officer at a crime scene:

1. Responding to the scene promptly and safely.

2. Protecting the scene to prevent the destruction or contamination of evidence.

3. Preparing the original offense report.

4. Locating items of evidence.

5. Locating witnesses.

6. Photographing and sketching the scene when appropriate.

7. Collection of physical evidence.

8. Preservation and packaging of physical evidence.

9. Submission of evidence to the forensic lab for analysis.

B. Scene processing by an investigator: Certain serious offenses, of the type listed in


GO 2-15, require that an investigator process the crime scene. The Chief, or his
designee, will supervise the collection and preservation of evidence in all serious
offenses.

C. Crime scene processing equipment:

a. Officer/investigator responding to a crime scene shall make a determination


of equipment needed for processing. The department shall maintain an
evidence collection kit.

D. Arrival at the crime scene: The following procedures shall be followed by the first

2-17.2
officer on the scene:

1. Officers shall not rush into the crime scene Armed suspect(s) may still be
present. Rushing into the scene may also result in the accidental destruction
or contamination of evidence.

2. Officers must first render aid to a victim at the scene, unless the officer must
immediately protect himself from a suspect still at the scene. If the officer
has probable cause to believe that the suspect committed a felony, he shall
place him under arrest, search him, and note any spontaneous statements the
suspect may make, and advise him of his rights if he is to be questioned
further. After rendering aid to an injured person and arresting a suspect, if
necessary, an officer shall take care to process the crime scene in a manner
least destructive to the evidence.

3. The officer must request the dispatcher to notify the supervisor and
determine equipment needs if the officer is to process the scene.

E. Protecting the scene:

1. The first officer on the scene shall establish a perimeter around the scene and
direct assisting officers to help secure it.

2. Crime scenes may be secured by the following methods:

a. police officer(s);

b. barricades or rope or banner guard used to define area to be


protected;

c. signs used to control access.

F. Notes and reports - valuable records:

1. The officer's original notes are his/her personal and most readily available
record of the crime scene. He/she must refer to those notes to complete any
or all other finished reports required of actions taken at the scene of the
crime.

2. Types of information the officer/investigator shall record at the scene


include:

a. case number;

2-17.3
b. date & time of arrival at scene;

c. location of scene;

d. name of victim;

e. name of suspect, if known;

f. actions taken at scene;

g. name of collecting officer.

G. Preliminary scene survey: Officer/investigator actions at the crime scene shall


include the following:

1. observe and record (look but don't touch);

2. determine nature and extent of crime scene;

3. determine location of evidence;

4. determine order of collection;

5. duplicate movement of perpetrator, and plan search accordingly;

6. note all existing conditions (lighting, environment);

7. note items out of place or damaged;

8. note relationship between items;

9. make an initial rough sketch.

H. Crime scene sketch: Detailed crime scene sketches normally are prepared only in
major crimes. Minimum details to be contained in the sketch include:

1. time and date of preparation;

2. location of offense;

3. location of items of evidence in the scene;

4. location and names of victims, witnesses, and suspects;

2-17.4
5. relationship of the crime scene to other rooms, buildings, or roads;

6. name of person preparing the sketch;

7. direction of north;

8. what lights were on/off;

9. what windows were open;

10. radio/television, on or off.

I. Photographing the scene: At the end of the preliminary scene survey, overall
photographs of the scene shall be taken.

1. Overall photos shall be taken from several different locations.

2. If an interior scene, use a wide-angle lens if available.

3. Photograph the surrounding area thoroughly.

J. Information to be recorded on photographs: The officer processing the scene shall


maintain a record of each photo taken at the crime/incident scene. Information
recorded when taking the photos shall include:

1. type of camera used;

2. kind of lighting used (existing light or flash);

3. date and time of exposure;

4. person taking photos;

5. a brief description of subject in photos;

6. kind of film used (if applicable); if digital;

7. case number.

K. Midrange photography: Midrange photography is used to orient the viewer as to the


exact location of items of evidence in the scene.

1. If possible, the officer shall attempt to include two items of evidence within
the field of view. If this is not possible, then a common item (desk, bed,

2-17.5
table, etc.) should be included in all the midrange photos.

2. Midrange photos shall always be taken with a normal lens to prevent


distortion.

L. Close-up photography: Before any item of evidence is moved, a close-up


photograph shall be taken as follows:

1. Fill field of vision with item.

2. Take one close-up shot of item with a scale. A ruler in the evidence
collection kit can be used for this purpose.

3. The officer can place a strip of masking tape across the face of the ruler,
making sure not to cover the measuring increments. Information to be
written on the tape includes:

a. item number;

b. case number;

c. date;

d. officer's initials.

M. Location of evidence-measurements: Before collecting any item of evidence, take


measurements using triangulation or the coordinate method.

N. Collection of evidence:

1. When collecting items of evidence, the officer shall consider the use of tongs
or tweezers where possible. The officer shall avoid touching the item of
evidence with his hands or anything that might contaminate the item.

2. Proper order of collection:

a. The officer shall collect perishable evidence first.

b. If destruction of evidence is not a concern, then the officer shall


work his way through the scene, collecting in a logical sequence,
trying to avoid disruption of other items of evidence.

3. Collection of known samples: The forensic laboratory can only compare


known items with those showing similar characteristics. Sufficient

2-17.6
specimens or controls must be submitted for comparisons of such items of
hairs, fibers, paint, glass, soil, and tool marks.

4. Documentation of each item collected: All items of evidence collected by


the officer processing the crime scene shall be listed on the physical
evidence recovery log. For each item listed, the following information shall
be noted:

a. a complete description of the item (including make, model, and


serial numbers, if any);

b. the source (from whom or location from which the item was
obtained);

c. the name of the person collecting the item.

O. Marking evidence:

1. In many instances, marking and labeling evidence may represent a single


process. In instances where the evidence is large, complete identifying data
may be recorded directly on the evidence. This shall include the officer's
name, date, time, location of recovery, item number, and case number.

2. In other instances, the small size or nature of the item collected will not
permit complete information noted directly on the item. In these instances,
the container or attached tag shall be marked.

3. The crime scene search officer shall establish the habit of marking similar
items in the same location: for example, on the trouser band, or under the
right front pocket of the trousers, or on the right hand side of the handgun.
This will save time and embarrassment in looking for the identifying marks
when asked to identify the evidence on the witness stand.

4. Instruments which may be used for marking physical evidence include


permanent markers (felt tip pens), scribes (diamond tip or awl), or where
labels are used, ballpoint pens.

5. The officer collecting the item of evidence shall be the person responsible
for marking or labeling the item when it first comes into custody.

6. Each officer or investigator shall develop his own identifying mark.


Normally it shall be his initials, but may be some other mark.

2-17.7
P. Packaging of items of evidence:

1. The collecting officer shall choose a container suitable to the type of


evidence he intends to package. Considerations in choosing the proper
container include:

a. the size and weight of the item;

b. whether the item is moist (which could rot or deteriorate if packaged


in plastic or an airtight container);

c. wet (soaked) items must be packaged in plastic and transported


immediately.

2. The officer shall avoid any contamination of evidence by packaging all


items separately.

3. Fluids or stains must not be allowed to touch and shall be carefully rolled in
paper.

4. Pack the item to minimize interior movement within the package.

5. Seal the package with tape.

6. The collecting officer shall initial across the seal.

7. The officer shall label the exterior of the package.

8. Whenever possible, the package shall be labeled before placing the evidence
in it so as not to damage contents while writing on it.

Q. Latent fingerprinting: When processing the crime scene for latent fingerprints, the
officer/investigator shall take the following into consideration.

1. The size of the items to be dusted.

2. The type of surface.

3. Potential for destruction if moved. If movement or transporting the object


will destroy latent prints, the object shall be processed at the scene.

R. Overall measurements: Obtaining wall, room, and building measurements is one of


the last operations to be performed in processing the crime scene. The overall
measurements are vital in the production of the final crime scene sketch but must be

2-17.8
obtained last so as not to damage or destroy items of evidence.

S. Final organized search: A final, thorough search shall be conducted at the crime
scene in case evidence may have been overlooked. Wherever possible the use of a
fresh officer on a final search is preferred; he or she may find what you overlooked.

T. Preservation and submission of evidence to the forensic laboratory:

1. Responsibility for requesting lab examinations:

a. Under normal circumstances, the responsibility for the request for


lab examination shall lie with the officer or investigator who actually
processed the scene and took custody of the evidence.

b. The property and evidence custodian(s) shall be responsible for


submitting all evidence requiring examination to the forensic
laboratory for analysis, and for retrieving the evidence once the
examination is complete.

2. Preservation of perishable or deteriorating items:

a. When a rapidly deteriorating item of evidence has been collected


(for example, a liquid sample of semen, a blood soaked shirt, etc.), it
shall be transported to the forensic laboratory the same day, if at all
possible.

b. Any time an officer transports a perishable item to the laboratory for


immediate analysis, the laboratory shall be called first so they will be
ready to receive it.

c. In those cases where immediate transport to the forensic lab is not


possible:

(1) Refrigerate (no more than one week) and transport to lab.

(2) Air dry (no more than one week) and transport to lab.

(3) For non-perishable items of evidence, avoid contamination


and package properly.

(4) Many items submitted to the lab must be accompanied by a


known specimen so a comparison can be made. The
investigating officer on the case shall be responsible for

2-17.9
obtaining any required known specimens, following legal
procedures, and submitting them, along with the items of
evidence, to the forensic lab for analysis and comparison.

(5) The request for Laboratory Examination (form DFS


Document 100-F100):

(a) Any evidence submitted to the Department of


Forensic Science, shall be accompanied by a
completed Request for Laboratory Examination form
DFS 1100-F100 The Department of Forensic
Science will supply written results on all requested
examinations.

(b) The investigating officer is responsible for


completing the request form and including it with the
submitted evidence.

(c) The bottom part of the request form is reserved for


documentation of chain of custody and must be
completed by relinquishing officer as well as
receiving person at the lab.

(d) For requirements as to maintaining chain of custody,


see GO 2-18, Property/Evidence Control.

U. Special consideration:

1. The officer/investigator processing a crime/incident scene shall


prepare a report giving an accurate account of events. This
information shall be placed in the offense/incident report and shall
include:

a. date and time he arrived at scene;

b. the location of the crime;

c. the name of the victim, if any;

d. the name of the suspects, if any;

e. the officer's actions at the scene;

f. the case number.

2-17.10
2. Failure to recover physical evidence or
photograph scenes of serious offenses: Whenever photographs are
not taken or where physical evidence is not recovered from the scene
of a serious crime against persons or property, the
officer/investigator assigned shall prepare a report giving the reasons
why these things were not done. This may be included in the offense
report or subsequent follow-ups.

3. The evidence tag: Refer to GO 2-18, Property/Evidence Control.

4. Processing stolen vehicles: Stolen vehicles shall be treated with the


same care in processing for physical evidence as any other crime
scene. As with any other recovered property, the owner shall be
notified as well as the agency to which it was reported stolen.

V. Legal requirements:

Officers must understand important legal principles regarding the legal use of
physical evidence. As noted above, officers must exercise the chain of custody for
all evidence.

l. Definition: The chain of custody is the series of documented links between


the time the evidence was obtained until presented in court. The links are
officers who handled the evidence, and where and when they did so.

2. The most crucial principle for the collection and handling of evidence is the
exclusionary rule.

Definition: The exclusionary rule requires that evidence seized or


discovered in violation of the suspect's Fourth, Fifth, and Sixth Amendment
rights cannot be admitted in court.

Officers shall rigorously maintain a chain of custody and shall always


remain mindful of constitutional safeguards.

2-17.11
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: PROPERTY/EVIDENCE NUMBER: 2-18
CONTROL
EFFECTIVE DATE: 6/1/13 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
2-16 (1/88)
_______________________________________
Chief of Police
VLEPSC STANDARDS: ADM.16.01-16.04

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Alcohol evidence
Evidence control form
Narcotics evidence
Property and evidence; temporary release of
Temporary Evidence Storage

I. POLICY:

It is the policy of the department that all evidence and property recovered or turned
into this agency be properly packaged, handled, recorded, stored, and accounted for. All
personnel shall maintain strict accountability for all property held as property and evidence.
In no way shall these policies and procedures be interpreted to supersede any federal or state
statute. These policies and procedures are intended to comply with existing laws.

2-18.1
II. PURPOSE:

The purpose of this order is to establish a lawful system for the safe and efficient
storage and retrieval of evidence or other valuable items that enter the custody of this
department.

III. PROCEDURES:

A. Officer/investigator responsibilities:

1. The recovering officer shall be responsible to properly package and label all
items collected or recovered as property or evidence to prevent any
tampering, contaminating, or destruction of same.

2. Upon return to the police department, the recovering officer shall


immediately list and describe all items recovered on the property and
evidence form, and secure the item(s) prior to the end of his/her tour of duty
in a temporary storage locker.

3. All property and evidence and all related paperwork must be secured
immediately in the areas designated by Chief of Police.

4. Reporting officers shall, when possible, check all property against NCIC or
VCIN records.

5. For property that may be lawfully released to the owner, the recovering
officer shall attempt to notify the owner (by telephone or letter) that the
department is holding their property and make arrangements to return the
property to its rightful owner.

6. The Chief’s designee shall check the files at least quarterly for property and
evidence that is unclaimed or of no further evidentiary value, and to obtain
from the recovering officer a signed release for disposal. Officers shall then
make arrangements for returning the property to the owner.

7. The Chief’s designee shall ensure that final disposition of found, recovered,
and evidentiary property is accomplished within six months after legal
requirements have been satisfied and will report any exceptions to this to the
Chief of Police.

2-18.2
B. Use of property and evidence forms and chain of custody:

1. The Lawrenceville Police Department utilizes evidence bags and a property


and evidence form attached. The form shall be used for all property coming
into custody of the department. Additionally, the Property/Evidence
Custodian (PEC) shall enter the property and evidence in the record.

2. Each property and evidence form shall receive a case number


which will coincide with the incident report completed by the officer.

3. Officers will complete an Incident Report on which he/she will describe


each item of property obtained and the circumstances by which the property
came into the agency’s possession.

C. Temporary release of property and evidence:

1. Officers are responsible for checking out needed evidentiary materials for
investigative cases, or testimony purposes.

2. The appropriate chain of custody forms shall be completed for check out and
return of property and evidence.

D. The PEC shall amend the record every time property or evidence is disposed of or
returned to the owner.

E. Property/Evidence Custodian:

1. PEC shall be accountable for control of all property and evidence stored
within the property and evidence room, and shall ensure that all stored
property is properly documented.

2. PEC shall maintain an evidence room that is clean, orderly, and secure and
shall take necessary steps to ensure that property and evidence in custody is
being protected from damage, deterioration, or theft.

3. Access to the evidence room shall be restricted to PEC personnel. Access by


all other persons is normally prohibited. All escorted entries by persons not
normally associated with the function into the area must be documented.

4. All property and evidence shall be stored in a designated secure area.

5. The PEC shall be responsible for the maintenance of records on recovered


property indicating continuity of property and evidence from entry into the
system to its final disposition, for that property which has been entered into

2-18.3
the system. At least quarterly, the Chief or his designee shall be responsible
to conduct an inspection of adherence to procedures used for the control of
property.

6. Officers shall release property and evidence only to authorized persons and
may demand proof of authorization or identification of the owner or
investigating officer to whom they are releasing property.

7. If the responsibilities of the property manager are transferred


to another individual, a complete inventory of property shall be conducted
jointly by the newly designated property manager and a designee of the
chief, to ensure that records are correct and properly annotated.

8. An annual audit of property and evidence shall be conducted by a supervisor


not routinely or directly connected with evidence control.

9. Unannounced inspections of property storage areas will be


conducted biannually as directed by the Chief of Police.

F. Weapons:

1. Officers and employees of this department shall not under any circumstances
keep any weapon that is found, turned in, or confiscated.

2. All weapons coming into the custody of this department shall be


immediately inspected to insure their safe storage. It is imperative that all
firearms be unloaded before placing them in the locker.

3. All firearms coming into custody of the department shall be checked by the
recovering officer against NCIC/VCIN stolen files and complete all forms as
required.

G. Drugs and narcotics:

1. The PEC shall submit all drug evidence to the lab for examination within a
reasonable amount of time.

2. Each time narcotics property is removed, the package or container shall be


inspected for tampering.

3. Seizures in excess of 10 pounds of controlled substances or marijuana are


addressed in Virginia Code Section 18.2-253.1. This section sets forth

2-18.4
disposal procedures for large amounts of controlled substances.

H. Alcohol:

1. All property and evidence consisting of alcoholic beverages and their


containers must be sealed so that there is no chance of leakage while in
police custody.

2. Alcoholic beverages seized shall not all be considered contraband.

a. Contraband alcoholic beverages are those seized from underage


and/or interdicted persons (see Code of Virginia, section 4.1-322)
whose possession of alcoholic beverages is in itself illegal.

b. Alcoholic beverages seized or recovered which are not contraband or


used for evidence shall be returned to the owner or otherwise
disposed of by the Property and Evidence Custodian in accordance
with the policies of this agency.

2-18.5
2-18.6
2-18.7
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: DISPOSAL OF LOST, NUMBER: 2-19
FOUND OR UNCLAIMED PROPERTY
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
2-17 (1/88) _________________________________________
Chief of Police
VLEPSC STANDARDS: ADM.16.01-
16.04

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Alcohol; disposal of
Blood; disposal of samples
Gambling devices; disposal of
Money; unclaimed
Narcotics
Property; found
Property; lost, unclaimed
Weapons; disposal of

I. POLICY:

All lost, found, and unclaimed property of non-evidentiary value shall be disposed
of according to federal and state statutes. Personal property coming into departmental
possession as evidence may be disposed of only after approval by the Commonwealth's
Attorney. Under no circumstances shall property turned in or seized become property of a
department employee.

2-19.1
II. PURPOSE:

To establish guidelines for the disposal of lost, found, and unclaimed property of
non-evidentiary value.

III. PROCEDURES:

A. Responsibilities:

Each officer is responsible for the safe storage of evidence, found property, and
contraband. Officers are equally responsible for proper record keeping of all
property. The property and evidence custodians shall maintain appropriate logs of
all incoming and outgoing property, plus documents concerning auctions or
destruction of contraband. The Chief of Police shall ensure correct accountability of
all property. The property and evidence custodian is responsible for all receipt,
storage, release, and destruction of all property and evidence.

B. Release of non-evidentiary and lost/found property:

1. Non-evidentiary and lost/found property shall be released to the true owner


or his agent when claimed.

2. Satisfactory proof of ownership (e.g., serial number, receipts, sales slip,


invoice...) must be presented. In lieu of proof listed above, when an owner
can describe a property item in great detail as to color, style, brand,
scratches, marks, and condition (characteristics which only the owner would
know), property may be released.

3. Any other person seeking release of property, particularly when a dispute


exists about ownership, shall be advised that the property can only be
released to them as a result of:

a. a valid court order; or

b. written consent from the town attorney or commonwealth's attorney.

C. Disposal of lost, found, and non-evidentiary property:

l. The evidence custodian shall prepare a list twice a year of non-evidentiary


items that have remained unclaimed in the property locker for a period of
time as specified by law, following which disposal is required.

2. The evidence custodian shall present the quarterly property list to the Chief
of Police.

2-19.2
3. The Chief of Police shall ensure disposal of these items in accordance with
procedures specified by law (e.g., advertisement, public sale, deposit of
proceeds), and will provide a certificate of disposal, properly witnessed by
disinterested persons, for files. The Chief of Police may delegate this
responsibility.

D. Unclaimed money or other values:

l. Unclaimed money or other valuables held by the department that fall into or
are closely related to the following categories must be reported to the
Department of the Treasury, Division of Unclaimed Property, in accordance
with Title 55, Virginia Code:

a. currency;

b. coins;

c. stamps;

d. precious metals;

e. precious stones and gems;

f. securities;

g. art objects;

h. antiques (including weapons).

2. The Chief of Police shall report annually a list of unclaimed money and
valuables to the Department of the Treasury on provided forms. Subsequent
disposal of these items shall be governed by their response.

E. Weapons:

l. Following all criminal proceedings, legally possessed weapons not ordered


confiscated by the court shall be returned to the owner or the owner's agent.

2. Proof of ownership (e.g., serial number, receipts, sales slips or detailed


descriptions) shall be required before release.

3. Disposal of contraband weapons and those ordered confiscated by the court


shall be according to court orders and Sections l8.2-308, and 4.1-336 of the

2-19.3
Code of Virginia.

F. Drugs/narcotics:

l. Large seizures in excess of l0 pounds of controlled substances or marijuana


shall be disposed of according to Virginia Code l9.2-386.24.

2. Controlled substances and marijuana of no evidentiary value shall be


disposed of according to Code 19.2-386.24.

3. Property seized in connection with the illegal manufacture, sale, or


distribution of controlled substances shall be handled according to Code
19.2-386.22.

G. Alcohol:

l. Alcoholic beverages which are not contraband and have no evidentiary value
shall not be seized and shall be retained by the owner.

2. Contraband alcoholic beverages (those possessed by underage drinkers or


those interdicted) and alcoholic beverages confiscated by the court shall be
disposed of according to Code Sections 4.1-53, 55, and 62.

H. Gambling:

l. Property and evidence seized incident to an arrest for violation of Code


Section l9.2-386.3 shall be forfeited to the Commonwealth by order of the
court having last jurisdiction.

2. Money seized shall be disposed of according to court order.

I. Blood samples (DUI arrests):

l. The Chief of Police shall destroy blood sample containers according to Code
Section l8.2-268.7, unless otherwise directed by the accused or his attorney.

2. The destruction shall be accomplished routinely by the Property and


Evidence Custodian (PEC).

2-19.4
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: CRIME PREVENTION/ NUMBER: 2-20
COMMUNITY RELATIONS
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.1-3 (7/03) ________________________________________
Chief of Police
VLEPSC STANDARDS: ADM.20.01-
20.03, 21.01, 21.02

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Community relations
Crime prevention
Security surveys

I. POLICY:

The West Point Police Department takes a proactive approach to fostering good
relations with the local populace. Several community oriented policing and crime
prevention programs support this goal of a community partnership. Crime prevention is the
anticipation, recognition, and appraisal of crime risks and the initiation of action to remove
or reduce such risks. The policy of the department is to promote crime prevention using all
department employees to develop and implement procedures and programs which reduce
the opportunity for or lessen the loss arising from crime.

II. PURPOSE:

The purpose of this order is to set forth procedures for the delivery of crime
prevention services and community relations programs.

2-20.1
III. PROCEDURES:

A. Police officers:

1. All officers upon request and when appropriate shall provide


knowledgeable, instructive advice to the public concerning steps which can
be taken to reduce the opportunity for or lessen the loss from crime.

2. All officers upon request and when appropriate shall conduct brief surveys
of homes or small businesses and orally advise the owner or occupant of
security strengths and weaknesses.

3. All officers shall be aware of when and where it is appropriate to offer their
assistance related to crime prevention and community relations activities
taking place within the town.

4. All officers shall make referrals to the appropriate resource either within or
outside the department in response to crime prevention requests which
exceed their knowledge or capability to accommodate.

5. Crime prevention and community relations activities undertaken by police


officers shall be reflected in appropriate dispatcher entries and activity
reports.

B. Crime prevention:

1. The Chief, or his designee, is responsible for developing, implementing, and


coordinating the department's crime prevention program. This assignment of
responsibility does not relieve other officers of being aware of and involved
in crime prevention procedures and activities.

2. The employee assigned to the crime analyst function shall study trends of
crimes that are generally considered preventable and promote efforts to
reduce the opportunity or lessen the loss from crimes. The crime analyst
function shall evaluate the effectiveness of efforts to reduce crime in
targeted areas. See GO 2-16 concerning crime analysis.

3. Officers shall consult with fellow police officers, supervisory and


investigative personnel to gather information concerning trends in crime,
public and police response to them.

4. Officers shall develop an expertise in all phases of crime prevention


including, but not limited to, the following areas:

2-20.2
a. Security hardware

b. Alarm/warning systems

c. Lighting

d. Basic residential and business construction practices

e. Media relations

f. Public speaking

g. Use of volunteers

5. Officers shall establish a continuing working relationship with professional,


civic and community groups to develop, promote, and implement crime
prevention and community relations programs.

6. Officers shall establish a working relationship with other local, state, and
national government and non-government crime prevention programs to
exchange information on past, current, and planned crime prevention and
community relations activities.

C. Formal crime prevention and community relations programs:

Officers are encouraged to develop, stimulate the growth of, or otherwise participate
in programs directed at addressing the concerns of community leaders, concerned
citizens, and law enforcement in an effort to reduce the problems of drug
trafficking/abuse, criminal violence, gang violence, social disorder, and
neighborhood deterioration.

1. Security survey:

A security survey is an evaluation of the security strengths and weaknesses


of a home or business and presenting that evaluation to the owner or
occupant for correction.

a. Patrol officers are authorized to conduct brief surveys of homes or


small businesses upon request or if there is an apparent need, time
permitting. Only oral recommendations are to be made.

b. Requests for in-depth surveys with written recommendations are to


be forwarded to the Chief of Police, or his designee. Surveys of any

2-20.3
large structure or facility are to be conducted by whomever the Chief
of Police selects. Outside agencies' crime prevention units may be
asked to assist.

c. All security surveys performed by officers are to be considered


information offered to the police in confidence. Surveys are not
considered information available through Freedom of Information
Act requests.

d. Officers making recommendations during security surveys shall not


recommend any particular brand name product or device.

e. Officers may offer to conduct a security


survey for a business or residence following any vandalism,
burglary, or larceny incidents.

D. Other programs:

There are many other crime prevention and community relations programs aimed at
specific topics. Many of these programs can be incorporated into public educational
programs or other crime prevention or public event activities as needed. Some of
these programs are:

1. Help Eliminate Auto Theft (HEAT)

2. Identi-Kid

3. Child safety seat program

4. Crime Prevention Through Environmental Design (CPTED)

5. SAFE – Secure and Friendly Environment

6. Bicycle safety

IV. REPORTING

A. Recordkeeping: A monthly community relations report is submitted to the Chief


consisting of information on all crime prevention and community relations
activities. This report consists of security surveys, educational programs, and other
programs requested by the community.

2-20.4
B. An annual report is generated that compiles agency statistics and activities. This
report is available to the public upon request and is posted on the Town of West
Point website at www.lawrencevillepolice.org

C. The Lawrenceville Police Department may also conduct citizen surveys at a town
hall meeting. Citizens are asked to rate the following:

1. Overall agency performance

2. Overall competence of agency employees

3. Attitudes and behaviors of officers toward citizens

Citizens are also asked for any concerns about safety and security in the Town of
Lawrenceville. The survey also asks for any suggestions for improvements.

2-20.5
LAWRENCEVILLE POLICE
DEPARTMENT   

GENERAL ORDERS
SUBJECT:  TRAFFIC LAW                   NUMBER:  2-21
ENFORCEMENT 
EFFECTIVE DATE:  REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES:  APPROVED:
ADM.02-15 (8/99) __________________________________
Chief of Police
VLEPSC STANDARDS: OPR.07.01-07.04

            NOTE: 
                        This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

            INDEX WORDS:


           
                        DUI
                        Juveniles; traffic violations by
                        Radar
                        Traffic, enforcement generally
                        Traffic stops - felony
                        Traffic stops - routine
                        Virginia Uniform Summons

I.          POLICY:
    
                        Traffic law enforcement involves all activities or operations which relate to
observing, detecting, and preventing traffic law violations and taking appropriate action
under the circumstances.    The purpose behind traffic enforcement is to change driving
behavior in an effort to reduce the number of motor vehicle crashes that result in deaths,
injuries, and property damage. Traffic enforcement not only involves arrests and citations,
but may include warnings to change driving behavior and prevent further violations. 
However, overzealous enforcement without considering whether the violator is familiar
with the legal requirements or without regard for the circumstances surrounding the
violation causes disrespect for the law and poor relations between the department and the

2-21.1
community.  The emphasis of traffic enforcement is placed on violations that contribute to
motor vehicle crashes and that prevent hazards to vehicular and pedestrian traffic.

II.        PURPOSE:

                        The purpose of this order is to prescribe procedures for traffic law enforcement,
preventive patrol, proactive enforcement, and relationships with motorists, pedestrians, and
the courts.

III.       PROCEDURES:

            A.        Types of enforcement actions:

                        1.         Warnings:

                                    Officers may issue warnings to a violator whenever a minor traffic


infraction is committed in areas where motor vehicle crashes are minimal, or
when the act may be due to ignorance of a local ordinance which may be a
unique violation or a violation of which the driver may not be aware.  A
properly administered warning can be more effective than any other type of
enforcement.

                        2.         Virginia Uniform Summons (VUS):

                                    A VUS should be issued to a violator who jeopardizes the safe and efficient
flow of vehicular and pedestrian traffic, including hazardous moving
violations or operating unsafe and improperly equipped vehicles.
           
                        3.         Physical arrest:

                                    Officers will make a physical arrest, in compliance with Virginia Code in
the following circumstances:

                                    a.         Violations of traffic laws pertaining to driving under the influence
of alcohol or other intoxicants.

                                 b.         Whenever a felony has been committed involving a vehicle.

                                    c.         When the operator refuses to sign the promise to appear on the
traffic summons.

                                 d.         Whenever the operator is licensed by a non-reciprocal state.

                                    e.       When the officer has reason to believe that the person will not

2-21.2
comply with the summons if issued.

            B.         Handling special categories of violators:

                        1.         Non-residents:

                                    Officers shall consider use of warnings for non-residents who commit
minor, non-hazardous violations.  If appropriate, given the type of violation,
officers may summons non-residents by issuance of a traffic summons,
provided the violator's home state is a reciprocal one.    If non-residents are
from a non-reciprocal state, they should be taken directly to a magistrate.

                        2.         Juveniles:

                                    Juvenile traffic offenders are prosecuted in juvenile and domestic relations
court. Officers issuing a traffic summons to a juvenile offender shall advise
them as to their options regarding prepayment or court appearance and that a
parent or guardian must accompany them when they appear before the court.
Juvenile offenders arrested for driving under the influence of intoxicants or
other serious violations must have a Juvenile Intake Court Referral (Juvenile
Petition) completed

                        3.         Foreign/diplomats/families/servants and other consular officials.

                                    a.         Diplomatic immunity is granted by the United States Government


under provisions of the Vienna Convention on Diplomatic Relations.
Generally, these provisions apply to two classes of immunity:

                                                1.         Diplomats and members of their families enjoy full


immunity;

                                             2.         Employees of diplomatic missions and with respect to acts


performed in the course of their official duties.

                                              3.         Refer to G.O. 2-39 for further guidance.

                                    b.         The burden is on the diplomat to claim immunity and show valid
credentials.

                        4.         The lieutenant governor and members of the General Assembly under Title
30.6, Code of Virginia:

                                    a.         During the session of the General Assembly and for five days

2-21.3
before and after the session, the lieutenant governor, a member of the
General Assembly, or the clerk thereof, and their assistants, shall be
privileged from custodial arrest except for treason, a felony, or a
breach of the peace.  Officers may issue traffic summonses for a
moving offense or for a DUI offense.

                        5.         Military personnel:

                                    Military personnel who are first passing through the town may be treated as
non-residents or, if from this area, as residents.

                        6.         Members of Congress:

                                    a.         Members of Congress may not be detained for the issuance of a
summons while they are in transit to or from the Congress of the
United States.

                                    b.         If a member of Congress is stopped for a traffic infraction, he shall,


upon presentation of valid credentials, be immediately released.  The
officer may then obtain a magistrates summons for the member of
Congress covering the observed violation and make arrangements to
serve the summons at a time when the member of Congress is not in
transit to or from Congress, or on official business.

            C.        Information regarding traffic summons:

                        The Virginia Uniform Summons will be completed whenever a motorist is to be


charged with a motor vehicle violation.  Officers shall advise drivers of the
following information:
                       
1. Reason for the stop.

                       2.         Court appearance schedule;

                       3.         Whether court appearance by the motorist is mandatory;

                       
IV.       UNIFORM ENFORCEMENT POLICIES FOR TRAFFIC LAW VIOLATIONS:

            A.        Off-road vehicle violations:

                        Consider the degree of hazard, place, and public awareness of statutes.  See VII. of
this G.O for further guidance on off-road vehicle incidents.

2-21.4
            B.         Operating a vehicle with a suspended or revoked license:

                        The officer shall first determine whether the violator has been notified of
suspension/revocation.  If notification has been previously received, appropriate
charges shall be brought against the violator.  If there is some question as to
notification, the officer may issue a warning in addition to a DMV Notification of
Suspension/Revocation Form.  Depending on the reason for suspension/revocation,
the violator’s vehicle may be towed or impounded.    .

            C.        Newly-enacted laws and/or regulations:

                        Normally, a grace period is established during which only warnings will be given.
Thereafter, officers shall use discretion.  Officers may allow a reasonable period of
time, normally:

                        1.         One month before issuing a summons for:

                                  a.         a violation of a newly enacted traffic law;

                                    b.         speeding violations in an area which the speed limit has been
reduced.

                        2.         One week after expiration before issuing a summons for:

                                    a.         expired state license tags;

                                    b.         expired state inspection stickers.

            D.        DUI:

                        See VI. of this G.O.

            E.         Violations resulting from motor vehicle crashes:

See G.O. 2-22 Accident Investigation  

            F.         Other hazardous violations:

Consider the degree of hazard, place, previous crash history of location, current
directed patrol emphasis.

            G.        Equipment Violations:  


                                                                                                                                               
With only annual inspections required of vehicles, consider issuance of a summons

2-21.5
for any essential equipment defects.

            H.        Public carrier/commercial vehicle violations:


Consider congestions, lack of parking, and carrier needs for delivery access.  Cite
for repetitive violations.

            I.          Other non-hazardous violations;

                        Consider a warning unless repetitive or flagrant.

            J.          Multiple violations:

May cite all if deemed necessary, but normally pick the most serious violations and
warn on others.
                       
V.        TRAFFIC LAW ENFORCEMENT PRACTICES GENERAL

            A.        Normal traffic enforcement involves patrol by officers who observe and handle
traffic violations during the performance of their normal duties.

                       1.         Routine patrol involves traffic enforcement within the normal patrol
boundaries.

                        2.         Selective enforcement involves traffic enforcement with concentration on a


particular section of roadway, at the direction of a supervisor or Chief of
Police in response to citizen complaints or repeated violations.

                        3.         Stationary observation, either covert or overt, may be used as a technique
to make observations about the flow of traffic at a particular location. 
Officers are encouraged, when completing reports or doing other activities
which will keep them out of service for a short while, to park their patrol
vehicles in a conspicuous location where the mere presence of the vehicle
will serve to remind other drivers of the need for compliance with traffic
laws.

            B.         Objectives of traffic stops:

                        There are two major objectives of a traffic stop.  The attainment of these two
objectives depends upon the officer's ability to evaluate the violator's mental and
physical condition, and facts concerning the violation.  This requires a thorough
understanding of human relations and demands flexibility on the part of the officer.
Enforcement procedures shall minimize conflict which may develop between the
officer and violator and assist in achieving the two major objectives, which are:

2-21.6
                        1.         To take proper and appropriate enforcement action;

                        2.         To favorably alter the violator's future driving behavior.

            C.        Traffic violator/officer relations:

                        1.         Followed in all traffic stops:

                                    a.         Be alert at all times for the unexpected.

                                    b.         Be absolutely certain the observations of the traffic violation were
accurate.

                                    c.         Present a professional image in dress, grooming, language, bearing,


and emotional stability.

                                    d.         Be prepared for the contact by having the necessary equipment and
forms, if they are to be used, immediately available.

                                    e.         Decide on the appropriate enforcement action based upon the
violator's driving behavior, not attitude.  In most cases, decide on the
formal enforcement action before contacting the violator. Exceptions
include stopping an out-of-state driver committing a violation that
would not be a violation in his jurisdiction, such as right turn on red
light.  The officer may then decide to warn rather than write a
citation.

                        2.         Before making a vehicle stop:

                                    a.         Maintain a reasonable distance between the vehicle and the police
unit.

                                    b.         Locate a safe spot to stop the vehicle.


           
                                    c.         Activate the emergency blue lights and, when necessary, siren to
signal the vehicle to stop.

                                    d.         Advise the dispatcher of the intention to stop the particular vehicle,
giving:

                                                1.         Location of the stop;

2-21.7
                                                2.         Vehicle's license tag number and/or other description when
necessary.
                                               
                                    e.         Officers shall position the police vehicle approximately one-half to
one car length behind the violator's vehicle.  The police vehicle shall
be positioned so that it will offer the officer some protection from
oncoming traffic.  This position shall be two feet outside and to the
left of the violator's vehicle.  This position provides maximum safety
to the violator, the officer, and all other traffic.

                        3.         Additionally, when stopping a vehicle in which the occupant(s) is (are)
deemed to present a hazard to the officer's safety:

                                    a.         Request a backup unit, if available;

                                    b.         Train the unit's auxiliary lights (spotlight and take down lights) on
the occupant(s) of the vehicle when applicable;

                                    c.        When necessary use the unit's public address system to give the
occupant(s) of the vehicle instructions.
                       
                        4.         Hazards.

                                    a.         On multi-lane roadways, the officer shall ensure the safety of the
violator during the lane changes by gradually changing from lane to
lane with the violator until the right side of the roadway is reached.

                                    b.         Should the violator stop abruptly in the wrong lane or in another
undesirable location, the officer shall direct him to move to a safer
location.  Officers shall use the public address system to instruct
violators to move to a safer location.  If the officer's oral directions
and gestures are misunderstood, the officer shall quickly leave the
patrol vehicle and instruct the violator.

                        5.         Approaching the violator.

                                    The following steps in stopping and approaching a traffic violator are
intended to provide maximum safety for the officer, the violator, and other
users of the roadway.  Varying conditions regarding the engineering of the
particular traffic way, the urgency to stop the violator (drinking driver), and
the existing volume of traffic may require adjusting or altering the
recommended procedure.  Under ideal conditions, follow these procedures if
possible:

2-21.8
                                    a.         The officer shall leave the patrol vehicle and be continuously alert
for any suspicious movement or actions on the part of the violator or
other occupants in the violator's vehicle.

                                    b.         The officer shall approach from the rear of the violator's car,
looking into its rear seat and stop behind the trailing edge of the left
front door.  This position shall be maintained if there are only
occupants in the front seat of the vehicle.  From this position, the
officer can communicate with the violator, keeping him in a slightly
awkward position and at the same time keep all occupants of the
vehicle in view.

                                    c.         In cases where the violator's car has occupants in both the front and
rear seats, the officer can approach to the leading edge of the left
front door, alert for any unusual actions on the part of the occupants
and choosing a path so the door cannot be used as a weapon against
the officer.  From this position, the officer can communicate with the
violator and keep all occupants in view.

                                    d.         At night, officers shall exercise caution in selecting an appropriate


place for the traffic stop, signaling the violator, and positioning the
police vehicle.  After the stop, the head lights shall be on low beam
for the safety of oncoming traffic, and emergency bar lights and
emergency flashers in use on the patrol vehicle (as well as during the
day).

                                  e.           Officers may, based on safety considerations, find that a right side
vehicle approach may offer greater protection from approaching
vehicles in addition to adding an element of safety from vehicle
occupants.

                        6.         Communicating with the violator.

                                    When conducting law enforcement action with the violator, the officer shall
observe the following rules.

                                    a.         Greet the violator courteously with an appropriate title.

                                     b.         Inform the violator what traffic law he has violated and the
intended enforcement action (the violator shall not be kept in
suspense). Do not ask, “Do you know why I am stopping you”.

                                    c.         Ask for the violator's driver license and vehicle registration, and
accept only these forms.  If the driver offers money, the officer shall

2-21.9
refuse the money and advise the driver of the illegality of the offer.

                                    d.         If the driver has no driver's license, obtain other identification.

                                     e.         Allow the driver to discuss the violation.  Do not argue with,
berate, belittle, or otherwise orally abuse the violator.

                                   f.          Complete the forms required for the enforcement action taken or
exercise an oral warning, if appropriate.

                                     g.         Explain to the violator exactly what he is supposed to do in


response to the action taken and how this action will affect him.

                                    h.         If the enforcement action requires a court appearance, make sure the
violator knows where and when to appear.  Explain any alternatives
to the violator, but do not predict the actions of the court.

                                   i.          Be alert to any emotional stress exhibited by the driver.  If stress is
present, the instructions may have to be repeated or the violator may
need to calm down before resuming driving.
                       
                                    j.          Return the violator's driver's license, registration, and any forms
(pre-payment form, proof of insurance, etc.)

                                   k.         Release the violator after he/she:


           
                                                (1) Signs the summons, and

                                                (2) Receives a copy of the summons.

                                    c.         Assist the violator in safely re-entering the traffic flow.

                                                Do not follow the violator.

            D.        Stopping a known or suspected felon:

                        Special procedures shall be used in vehicle stops when the occupants are known to
be armed and dangerous.  When a vehicle driven by a known or suspected felon is
located by an officer, he or she shall notify the dispatcher immediately of location
and give a thorough description of the vehicle and its occupants.  The officer will
keep the suspect vehicle in view and request sufficient assistance in making the stop.

                        The officer will keep support units informed of the location and direction of travel
to aid their approach with minimal use of emergency equipment.  The suspect

2-21.10
vehicle will not be stopped unless absolutely necessary until adequate support is
available and in position.  Circumstances may, however, dictate a one-officer felony
vehicle stop.

                        The following procedures will be used in effecting the stop:

                        1.         The officer will plan to stop the suspect vehicle in a location which presents
minimal danger to other citizens.

                        2.         When conditions are appropriate and support units available, the officer will
move into position to the rear of the suspect vehicle.

                        3.         The officer will signal the violator to stop, using all emergency equipment
to warn other traffic.

                        4.        The violator will be stopped on the extreme right side of the road.

                        5.         If the violator is known to be armed and dangerous, the officer will have
his weapon easily accessible and ready for immediate use.

                        6.         When the suspect vehicle begins to stop, the officer will turn off the siren
and turn on the public address system if the situation warrants.

                        7.        The officer will park the police vehicle so that it provides maximum
protection and cover.

                        8.         At night, the officer shall focus all lights on the interior of the suspect
vehicle.

                         9.         The officer will take a position of cover/concealment remaining accessible
to the public address system microphone.

                        10.       The officer making the stop is in command of the situation. Once suspects
are stopped, the officer shall order the driver to shut off the motor and drop
the keys on the ground outside the door.  Next, the officer shall order
occupants to place their hands, palms up, on the ceiling of the vehicle. 
Vehicle occupants will then be ordered to exit the vehicle one at a time. 
Occupants will then be directed as the situation dictates and provides the
greatest degree of safety to officers and the public.

                        11.       If a public address system is not available, the officer will give voice
commands if they can be heard; if this fails, the officer will cautiously
approach the vehicle, keeping all occupants in view, to a point where he can
be heard.

2-21.11
                        12.       To reduce confusion, the officer will instruct support officers, as
appropriate, and will be the only officer to direct the suspects.

                        13.       The support officers will cover the arresting officer until all occupants are in
the search position.

                        14.       Officers shall exercise extreme caution not to get within each other's line of
fire.

                        15.       When all occupants have been removed from the vehicle, the support
officers shall move to cover the arresting officer while the persons are
searched. Extreme caution shall be executed to ensure no one is hiding in
the suspect vehicle.

                        16.       Arrestees will be searched and handcuffed before transportation.

            E.         Persons charged with revoked/suspended operator's license:

                        1.         The Virginia Uniform Summons (VUS) may be issued when an officer has
stopped a vehicle and identified the driver as driving with a revoked or
suspended operator's license (Virginia Code 46.2-301).

                        2.         An officer who sees a person driving who is known to be under suspension
or revocation may swear out a warrant if not able to stop the violator.

            F.         Speed enforcement:

                        Excessive speed is the second greatest cause of death and injury on the American
highways.  An officer shall uniformly enforce speed laws within the Town of
Lawrenceville.  Procedures for the enforcement of laws applying to speed will vary
in accordance with the type of equipment used.

                        1.         Pacing:

                                    The officer shall follow the vehicle being paced at a constant interval for a
distance adequate, normally two or more blocks, to obtain a speedometer
reading.  Speedometers must be calibrated at least every six months and
calibrations filed with the clerks of the District and Juvenile Courts.

                        2.         Radar:

                                    The following guidelines govern the use of radar, which will always be
operated in compliance with manufacturer's instructions.  All departmental

2-21.12
radar units meet current NHTSA standards.

                                    a.         The officer must be certified in the proper use of radar.

                                    b.         The radar unit must be properly installed in the vehicle and
connected to the appropriate power supply.

                                    c.         Operators must thoroughly understand the effective range of the
radar unit so observations can support the speed meter readings.

                                    d.         The operator must choose an appropriate location in accordance


with the directions of his supervisor relative to motor vehicle crashes
in which speed has been identified as a contributing cause.  The
location must also be conducive to the effective and safe operation of
radar.

                                    e.         The radar unit shall be properly calibrated to ensure accuracy in
checking speed.  The operator must follow the manufacturer's
recommended specific methods of checking calibration without
exception.  Any problems with the operation of radar units or
apparent malfunction shall be promptly reported to the Chief of
Police.

                                    f.          In court, officers must establish the following elements of radar
speed:

                                                (1)        the time, place, and location of the vehicle, the identity of
the operator, the speed of the vehicle, and the visual and
radar speed check;

                                              (2)        officer qualifications and training in use of radar;

                                              (3)        proper operating of radar unit;

                                                (4)        that the unit was tested for accuracy before use and after
use by an approved method;

                                              (5)        identification of the vehicle;

                                              (6)        speed limit in the zone in which officer was operating and
where the signs were posted.

                                    g.          The Chief of Police or his designee is responsible for the proper
care and upkeep, maintenance, and calibration of radar units,

2-21.13
maintenance of records, and that appropriate certificates are filed
with the clerks of District and Juvenile Courts.

VI.       DUI ENFORCEMENT PROCEDURES

            A.        General:

                        Various courts have interpreted driving under the influence to mean that the ability
to operate a motor vehicle is reduced or impaired by the consumption of alcoholic
beverages or other drugs.  It does not imply that the operator of a motor vehicle be
in a state of alcoholic or drug-induced stupor or be entirely incapable of exercising
physical control of his vehicle.  Driving under the influence of intoxicants is an
offense generally associated with leisure-time activity.  Consequently, most arrests
are made during the evening hours or in the early morning hours after taverns close
or social gatherings end.  Although the intoxicated driver may be observed any day
of the week, weekends and holidays reflect an increase of offenses and arrests.

            B.         Laws:

                        It is unlawful for any person to drive or operate any motor vehicle, engine, or train
while under the influence of alcohol, or while under the influence of any narcotic
drug of any nature.  The term motor vehicle shall include pedal bicycles with helper
motors (Mopeds), while operated on the public highways of this State (Virginia
State Code 18.2-266 and 18.2-268[j].

            C.        Responsibilities:

                        Each officer shall be alert for suspected DUI offenders, both on patrol and in
selective enforcement areas.  He/she shall use standardized roadside sobriety tests.
In addition, the alco-sensor shall be offered to each suspected driver.

            D.        Intoxilyzer:

                        1.         The security, care, and maintenance of the intoxilyzer and all physical
evidence obtained from DUI is every officer's responsibility.

                        2.         The regulations of the Virginia State Division of Forensic Science state:
"The breath test device must be stored in a clean, dry location which is only
accessible to an authorized licensee for the purpose of actually administering
a breath test, preventative maintenance check, or other official uses."

                        3.         The term licensee shall mean a person holding a valid license from the
Virginia State Division of Forensic Science pursuant to Section 18.2-268 of
the Code of Virginia.

2-21.14
                        4.         The intoxilyzer is located at Meherrin Regional Jail.

            E.         Field Sobriety tests:

                        1.         There are three approved “Standardized Field Sobriety Tests”.  They are:

                                    a.         Gaze nystagmus (only if properly certified).


                                    b.         Walk and turn.
                                    c.         One-legged stand.
                                   
                                    The standardized field sobriety tests must be executed in accordance with
                                     the guidelines established by the National Highway Transportation Safety
                                   Administration.

                                    Officers may employ additional tests as recognized by local courts, but they
must be performed in the same order and manner every time.

                        2.         If the operator does not successfully complete roadside test, an alco-sensor
shall be offered to the operator (Code Section 18.2-267).  The operator may
refuse the alco-sensor test, and must be advised of his/her right to refuse.

                        3.         If the officer finds probable cause that the operator is intoxicated as defined
by Virginia statute, he/she shall be arrested for driving under the influence
and taken before the magistrate.

                        4.         If an officer suspects that the vehicle operator was driving under the
influence of both alcohol and drugs, or drugs alone, he may require the
operator to have a blood test performed in addition to testing for alcohol. 
Blood samples shall be analyzed by the Division of Forensic Science for
evidence of alcohol and for various illegal, prescription, and over-the-
counter drugs.

                        5.         The officer shall make a full written report of the circumstances of the DUI
arrest, formation of probable cause, and witnesses' observations.
           
            F.         Arrest:
           
                        The arresting officer shall:

                        1.         Advise the arrestee that any person, whether or not licensed by Virginia,
who operates a motor vehicle in this state gives implied consent to have a
sample of his blood or breath taken for a chemical test to determine the
alcoholic content of this blood or for the presence of drugs if such person is

2-21.15
arrested for violation of 18.2-266 within three hours of the alleged offense.
                                    Implied Consent “Consequences of Refusal” Form must be read by the
officer and appropriate box shall be checked.  The form must then be signed
and dated by the officer. 

                        2.         If the arrest occurs as a result of operation of a motor vehicle on private
property, the Implied Consent Law (18.2-268.2) does not apply.  This shall
not preclude the arresting officer from attempting to obtain consent from the
arrested person to submit to a chemical analysis of his blood or breath. 
Officers requesting blood or breath samples under these conditions are
conducting a custodial interrogation. Therefore, the arrested subject shall be
advised of his Miranda warnings before consent is requested.  The officer
shall make all reasonable attempts to obtain a breath sample.

                                    a.         Miranda is not required before the driver takes sobriety tests, or
otherwise before questioning.

                        3.         The breath test shall be the prescribed method of analyzing blood alcohol
content (BAC) unless physical disabilities/injuries preclude it, or if it is
unavailable. If the preceding circumstances exist, then a blood test shall be
used to determine BAC.

                        4.         If the arrestee refuses the available test advise them that unreasonable
refusal of the test constitutes grounds for the revocation of the privilege of
operating a motor vehicle in Virginia, and that a separate charge shall be
placed to which he will have to answer in General District Court.
                     
            G.        Blood test procedure:

                        1.         Take the arrested person to a physician, registered professional nurse,
graduate laboratory technician or other technician designated by order of the
Circuit Court acting upon recommendation of a licensed physician, who will
                                   withdraw blood for the purpose of determining its alcoholic content and
drugs.

                        2.         The arresting officer shall also witness the doctor or technician taking the
blood sample and ensure that an alcohol solvent is not used to cleanse the
withdrawal location.  The officer shall initial the vial labels (on two vials)
before the doctor or technician seals the vials in their containers.  The initial
shall be placed on the label where it will not interfere with the date written
by the doctor or technician who took the blood sample.

                                    a.         The medical person taking the sample will place the name of the
medical person taking the sample and the name of the accused on the

2-21.16
label of each vial with the date and time the blood was taken.

                                    b.         Once sealed, the arresting officer shall take possession of the
Biological Specimen Kit.  The officer shall, before the end of the
tour of duty, mail kit to the Virginia Department of Forensic
Science.
                                        
                        H.        Breath analysis:

                                    1.         Chemical analysis of a person's breath shall be performed by


anyone possessing a valid license, issued by the Virginia Department
of Forensic Science.  This may include the arresting officer or
anyone participating in the arrest.  In the event the intoxilyzer
machine is inoperable or a licensed operator is not available, this test
is deemed not available.

                                    2.         The type of equipment and the methods used to perform breath
analysis shall be in accordance with the regulations of the Virginia
Department of Forensic Science.

                                    3.         The testing officer shall issue a certificate of breath alcohol analysis
(DFS-70-018) which shall indicate that the test was conducted in
accordance with the manufacturers' specifications, the equipment on
which the test was conducted has been tested in the last six (6)
months and was found to be accurate, the name of the accused, the
date, the time the sample was taken from the accused, the alcohol
content of the sample, and by whom the sample was examined.

                                    4.         The certificate of breath alcohol analysis (DFS-70-018) is a three-


copy form.  The forms shall be handled as follows:

                                                a.         White copy, original, shall be given to the magistrate to be


forwarded to the General District Court along with the VUS
and warrant.
                                               
                                                b.         The second or green copy will be given to the arrested
person.

                                                c.         The third or yellow copy is for department use and is to be
signed by the violator and forwarded to the Chief of Police
for filing for a period of one year, after which it may be
destroyed.

                        I.          Motor Vehicle Crash Investigations:

2-21.17
                                    Officers shall take steps to:

                                    1.         Identify witnesses who may have seen the suspect operating a motor
vehicle.

                                    2.         Question the witnesses as to the suspect's condition, actions, and
statements immediately before and after the crash.

                                    3.         Establishing a time lapse from the time of the crash to the time of
arrest.

                                    4.         Question the witnesses and the suspect as to what, if anything, the
suspect ingested between the time of the crash and the officer's
arrival.

VII.     SPECIAL TRAFFIC PROBLEMS:

            A.        Identification and referral of driver recommended for re-examination to the
Department of Motor Vehicles:

                        During routine traffic law enforcement activities, officers frequently encounter
persons whom they suspect of being incompetent, physically or mentally disabled,
or having other conditions that might prevent the person from exercising reasonable
and ordinary care over a motor vehicle.  In all such cases, in addition to whatever
enforcement he or she may take, the officer shall have a report number assigned to
accompany the Medical Review form for review by the Chief of Police. Upon
approval by the Chief of Police, the Medical Review Form shall be submitted to the
Department of Motor Vehicles.

            B.         Pedestrian and bicycle safety:

                        1.         The Chief of Police shall review the traffic accident records at least
annually to determine what enforcement actions are needed to provide a
proactive pedestrian/bicycle safety enforcement program.  The chief may
recommend to officers enforcement measures including steps to:

                                    a.         reduce or eliminate human environmental factors leading to


accidents;

                                    b.         reduce or eliminate the behavior, decisions and events that lead to
the accidents.

            C.        Off-road vehicles (including dirt bikes, ATV’s, snowmobiles and mopeds):

2-21.18
                        1.         Accidents involving off road vehicles that do not occur on a public highway
do not require a traffic accident report.  If the responding officer finds it
convenient, he or she may complete an accident report, State Form FR 300
P, and attach it to the offense report.

                        2.         Any officer observing an unlicensed off-road vehicle on the highways that
cannot be operated legally on public highways shall order it removed, and
enforce appropriate laws.

                        3.         Officers shall enforce compliance with vehicle registration laws as they
pertain to off-road vehicles.

                        4.         Officers shall enforce laws, rules, and regulations concerning the operation
of off-road vehicles on public-owned trails, parks, or property.

                        5.         Officers shall enforce traffic-way crossing rules and regulations

2-21.19
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: CRASH NUMBER: 2-22
INVESTIGATION
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.2-15 (8/99) ____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.07.05-
OPR.07.08

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Crash
Traffic Crash
Crashes involving Livestock

I. POLICY:

An objective of the department is the reduction of motor vehicle crashes. To


accomplish this, the department performs a variety of functions such as providing
emergency service to the injured, protecting the crash scene, conducting crash investigations
and follow-ups, preparing reports and taking proper enforcement action. The purpose of
crash investigation is to determine the cause of an automobile crash and use the information
to develop enforcement that will reduce crashes. Crash reports are used by the Division of
Motor Vehicles, the Department of State Police and the Department of Transportation at the
state level and by the town locally to study the frequency of crashes at a given location and
time, the causes, and the road conditions that existed at the time. The reports are also used
to develop selective enforcement programs, engineering studies, and to promote street and
highway safety.

2-22.1
II. PURPOSE:

The purpose of this policy is to establish guidelines for the proper handling of traffic
crashes and for the collection and use of data that will reduce automobile crashes resulting
in property damage, injury or death.

III. PROCEDURES: General

A. Crash report and investigation, general:

1. Virginia Code requirements concerning the reporting of traffic crashes


include:

a. Section 46.2-371, 46.2-894: The driver of any vehicle involved in


an accident resulting in death or injury, or damage to attended
property shall immediately notify police.

b. Section 46.2-896: The driver of any vehicle involved in an accident


resulting in which no person is killed or injured, but in which an
unattended vehicle or other unattended property is damaged, shall
make a reasonable effort to find the owner of such property, or if
such owner cannot be found, the driver shall leave a note in a
conspicuous place at the scene of the accident and shall report the
accident in writing within 24 hours to the police.

c. Section 46.2-373: Police officers who investigate an accident for


which report must be made, (injury to or death of any person or total
property damage to an apparent extent of $1,500.00 or more) at the
time of and at the scene of the crash, or thereafter and elsewhere, by
interviewing participants or witnesses, shall within 24 hours after
completing the investigation, forward a written report to the
Department of Motor Vehicles of the Commonwealth.

2. The terminology used in the above laws requires "reports of accidents." For
departmental purposes, a report is made by a police officer who has
investigated a crash at the scene or elsewhere, the length, duration and depth
of investigative effort proportionate to the seriousness or harm done.

3. A police officer shall respond to and prepare a report of a crash involving


any of the following:

a. death or injury;

2-22.2
b. property damage in excess of $1,500.00;

c. hit and run;

d. impairment due to alcohol and drugs;

e. hazardous materials;

f. any crash involving town property, vehicles, equipment or facilities.

4. Officers shall also be assigned to respond to any crash involving


disturbances between parties or which create major traffic congestion as a
result of the crash or where vehicles are damaged to the extent that towing is
required.

5.         Crashes meeting the severity criteria occurring on public property are
                                     reportable to the DMV.  Public property is considered to be highways,
                                    roads, streets and public parking lots maintained by state, county or
                                    municipal funds.  Crashes occurring on private property, even though they
                                    may meet the severity criteria, are not reportable to the DMV.  Crashes that
                                    are clearly non-reportable based on the definition of severity or location
                                    should not be sent to the DMV.  Also, to reduce the number of
supplemental
                                    reports, it is recommended that the FR300P not be sent to the DMV until
                                    after completion of the crash investigation.

B. Crash scene responsibilities of the first officer at the scene include:

1. Administering emergency medical care (basic life support measures)


pending arrival of rescue squad/fire department;

2. Summoning additional help as required (officers, rescue, tow truck, etc.);

3. Identifying and dealing with fire hazards and/or hazardous materials.

4. Protecting the crash scene;

5. Preserving short-lived evidence (broken parts, skid marks, etc.);

6. Establishing a safe traffic pattern around the scene (The officer assigned to a
crash shall have the responsibility and authority to request assistance from
any other officers as needed. He is then also the primary investigating
officer and in charge at the scene, unless the supervisor deems it more
appropriate to assign another officer these responsibilities.);

2-22.3
7. Locating witnesses and recording key crash information (license numbers,
observation of damage to vehicles or property, where possible, getting
vehicles off roadway immediately to get traffic moving);

8. Expediting removal from roadway of vehicles, persons, and debris (in


property-damage-accidents, when possible, get vehicles off roadway
immediately to get traffic moving).

9. In case of a major incident where the media responds to the scene, it shall be
the responsibility of the shift supervisor to contact the Chief or his designee
to respond. In the case that the Chief or his designee is not available it shall
be the responsibility of the shift supervisor to give the media release.

C. In case of extremely inclement weather where a crash involves only property


damage, the dispatcher or officer may, with the supervisor's approval obtain
information over the phone to complete the accident report (FR 300) and request
that the involved parties come to the department and file a report in person within 48
hours of the incident.

The employee taking the telephone report shall record the name, address, operator
license number, and telephone number of all involved drivers and shall forward
them to the Chief of Police (or his designee) who will confirm the filing of the
required reports.

IV. PROCEDURES - Crash scene

A. Crash scene information collection:

1. At the scene of the crash, the investigating officer must gather information
concerning the crash for subsequent use in completing necessary report
forms. Information to be collected at the scene may include, but is not
limited to:

a. interviewing principals and witnesses and securing necessary


identity/address information;

b. examining/recording vehicle damage;

c. examining/recording effects of the crash on the roadway or off the


roadway on other property/structures, etc.;

d. taking measurements as appropriate;

2-22.4
e. taking photographs as appropriate;

f. collecting/processing evidence;

g. exchanging information among principals.

B. Crash investigation follow-up activities:

1. Follow-up activities which may be necessary include:

a. collecting of scene data;

b. obtaining/recording formal statements from witnesses;

c. reconstructing the crash;

d. submitting evidentiary materials for laboratory examination;

e. preparing crash or offense reports to support criminal charges arising


from the crash.

2. In a particularly serious crash involving severe injuries, fatalities, multiple


vehicles, etc., it may be necessary to summon expert or technical assistance
from photographers, surveyors, mechanics, physicians, accident crash team
specialists, or other specialists. Such expert assistance shall be requested
through the Chief of Police.

a. At the scene of the crash, the officer may take immediate


enforcement action and issue a Virginia Uniform Summons.

b. At the scene of the crash, the officer may immediately issue a


Subpoena For Witness (Ref: COV, Section 46.2-939).

c. If the driver is transported to the hospital and the officer later


concludes DUI, an arrest warrant or magistrate summons shall be
obtained.

e. In other traffic-related investigations, when the officer leaves the


scene of the offense and follows up and later identifies an offender
or offense, arrest warrants/magistrate’s summonses shall be obtained.

2-22.5
C. Crash scene procedures:

1. Upon the receipt of a report of a motor vehicle crash that requires the
services of a police officer, the officer assigned shall proceed as appropriate
depending on injuries (see GO 2-10). The police vehicle shall not be parked
at the scene in a manner that will endanger other pedestrians, motorists, or
citizens. The officer shall consider using the police vehicle as a shield to
protect the scene as well as himself. The officer shall leave his vehicle
emergency lights on.

2. During any traffic control, the officer shall put on a reflector safety vest
before leaving the vehicle. Flares are available in each police vehicle for use
in creating an illuminated warning pattern to alert other drivers.

3. In case of danger of fire from leaking or ruptured gas tanks or where there is
any major crash of two or more vehicles with any sign of hazardous
materials having been transported, the fire department shall be called out.

4. All police vehicles are equipped with a copy of the current emergency
response guidebook which permits both rapid identification of DOT
vehicles, and contains placards for hazardous materials giving information
concerning the nature of the hazard, emergency procedures, and evacuation
disasters. Any police officer arriving at the scene of such a crash and seeing
hazardous materials placards shall immediately request the fire department.
The fire chief, or his designee, will assume control of any scene involving
hazardous materials and all officers shall provide support as required. Any
investigation of the accident shall occur after approval by the fire chief, or
designee.

5. Any property belonging to accident victims shall be protected from theft or


pilferage. If owners are not present, the property shall be processed as if it
were found property, and held for the victims.

6. Virginia Code Section 18.2-324 requires any person clearing a wrecked or


damaged vehicle from a highway to remove any glass or other injurious
substance dropped upon the highway. Where the quantity of crash debris is
too great for the wrecker operator to do this, the town public works services
shall be requested. The fire department shall assist in washing down
combustible substances.

7. In case of a crash involving an injured domestic animal, the Brunswick


County Animal Control shall be notified to tend to the animal.

2-22.6
E. Vehicle Crash report (State Form FR 300):

1. Virginia Code states "Every law enforcement officer who, in the course of
duty, investigates a motor vehicle crash, or in which a report must be made
either at the time of and at the scene of the crash or thereafter and elsewhere,
by interviewing participants or witnesses, within 24 hours after completing
the investigation, forward a written report of the accident to the Division of
Motor Vehicles."

2. A crash report shall be filed on all crashes that occur on public property
within the town. Public property is defined, for the purpose of crash reports,
as any highway, roadway, street or public parking lot maintained by the
state, county, or town.

3. In the event of a crash that occurs on private property, a crash report shall be
filed if it meets any of the normal reporting criteria (death, personal injury,
property damage in excess of $1,500, or involves government-operated
vehicles). The reports filed on any other type of a crash on private property
shall be for departmental use only and not forwarded to the Division of
Motor Vehicles.

4. Coding of the Virginia Police Accident Report is standardized as well as


mandated by the Virginia Division of Motor Vehicles.

2-22.7
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: TRAFFIC CONTROL NUMBER: 2-23
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
ADM.2-15 (8/99) _______________________________________
Chief of Police
VLEPSC STANDARDS: OPR.07.08-07.11

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Traffic control

I. POLICY:

The department performs traffic functions such as traffic control, parking control,
emergency assistance, provides motorist information, identifies and reports hazards, checks
abandoned vehicles, recovers stolen vehicles, and provides traffic safety information and
recommendations. The general public relies upon the police for assistance and advice when
faced with the many routine and emergency traffic situations which can and do develop in
an urban society. Often there is no other private or public agency available to provide such
services. Therefore, the police regularly respond to traffic related incidents where an arrest
probably will not be made or where unlawful activity is not involved. Traffic control and
services are such cases. The department expects officers to perform these services diligently
and responsibly, mindful of the expectations of the community.

II. PURPOSE:

The purpose of this general order is to establish uniform procedures for the
provision of traffic direction and control, traffic engineering, and ancillary traffic services.

2-23.1
III. PROCEDURES:

A. Methods of manual direction of traffic:

1. When an officer is directing traffic, he or she knows and uses standardized,


appropriate gestures and audible signals to stop, start, and turn traffic.

2. To indicate that the officer is present for the purpose of directing traffic, he
or she shall:

a. turn the signal light (if there is one) to blink or flashing;

b. position self to be seen clearly by all, usually in the center of the


intersection or street;

c. stand straight with weight equally distributed on both feet;

d. have hands and arms at his sides except when gesturing;

e. stand facing or with back to traffic which has stopped and with sides
to traffic he or she has directed to move.

f. wear reflective vest/clothing at all times.

3. How to stop oncoming traffic:

a. To stop traffic, the officer shall first extend an arm and index finger
toward and look directly at the person to be stopped until he or she is
aware of the officer's gesture.

b. The pointing hand is raised at the wrist so that its palm is toward the
person to be stopped, and the palm is held in this position until the
person stops. To stop traffic from both directions on a two-way
street, the procedures are then repeated for traffic coming from the
other direction while continuing to maintain the raised arm and palm
toward the traffic previously stopped.

4. How to start traffic:

a. The officer shall first stand with shoulder and side towards the traffic
to be started, extend the arm and index finger toward and look
directly at the appropriate driver until he or she is aware of the
officer's gesture.

2-23.2
b. With the palm up, the pointing arm is swung from the elbow only,
through a vertical semi-circle until the hand is adjacent to the chin.
If necessary, this gesture is repeated until traffic begins to move. To
start traffic from both directions on a two-way street, the procedure
is then repeated for traffic coming from the other direction.

B. Signaling aids:

1. A whistle may be used to get the attention of the drivers and pedestrians. It
is used as follows:

a. One long blast with a STOP signal.

b. Two short blasts with the GO signal.

c. Several short blasts to get the attention of a driver or pedestrian who


does not respond to a given signal.

2. The voice is seldom used in directing traffic. Arm gestures and the whistle
are usually sufficient. Oral orders are not easy to give or understand and
often lead to misinterpretations which are dangerous. An order which is
shouted can antagonize the motorist. Occasionally a driver or pedestrian
will not understand the officer's directions. When this happens the officer
shall move reasonably close to the person and politely and briefly explain his
directions.

3. Use of flashlight with illuminated cone or baton:

a. To stop a driver with the baton, the officer shall face the oncoming
traffic, hold the baton in the right hand, bend the right elbow, hold
the baton vertically, then swing the baton from left to right through
an arc of approximately 45 degrees.

b. The GO and LEFT TURN directions are the same gestures as those
previously described except that the baton acts as an extension of the
hand and index fingers. Signals and directions given with the aid of
the baton shall be exaggerated and often need to be repeated because
of poor visibility.

4. A flashlight alone can also be used to halt traffic, but less effectively and safely
than with cone attachment. To stop traffic, slowly swing the beam of the light
across the path of oncoming traffic. The beam from the flashlight strikes the
pavement as an elongated spot of light. After the driver has stopped, arm signals

2-23.3
may be given in the usual manner, the vehicle's headlight providing
illumination.

C. Temporary Traffic Control Devices:

At any major scene, fire, traffic accident, etc. or parade, carnival or festival, the shift
supervisor may request the dispatcher on duty to have the public works department
respond with barricades, detour signs, temporary yield or stop signs, etc. to control
traffic direction.

D. Manual operation of traffic control devices:

Lawrenceville police officers do not have access to manually operated traffic control
devices. In the event such a need is warranted, officers shall contact Brunswick
County Sheriff’s Office dispatch vial radio and advise accordingly. Brunswick
County Sheriff’s office dispatch will notify the proper entity to address the issue.

E. Special event traffic control:

For any other special event, the Chief of Police shall ensure the
preparation/implementation of a special traffic plan which addresses: ingress and
egress of vehicles and pedestrians; provisions for parking, spectator control; public
transportation; assignment of point control duties and reliefs; alternate traffic
routing; temporary traffic controls and parking prohibitions; emergency vehicle
access; and appropriate media coverage of such plans.

F. Traffic control at fire scenes:

Officers responding to the scene of a fire call shall observe the following rules
regarding traffic control:

1. No vehicles, with the exception of volunteer firemen, shall be allowed to


drive into the block where the fire apparatus is parked and operating.

2. When possible, officers responding to assist fire units will establish and
maintain a perimeter to facilitate the access of units to the scene.

3. No vehicles shall be allowed to cross fire hoses without the approval of the
fire chief or his designee.

4. In cases of fires at a facility, no vehicles, excluding those of volunteer


firemen, shall be allowed on the grounds.

5. The exception to the rules above shall be life-saving vehicles on actual calls

2-23.4
for services.

6. Parked vehicles which interfere with fire operations may be towed as


needed. (See GO 2-35)

G. Traffic control during adverse road and weather conditions:

1. The Chief of Police may, depending on the severity of the conditions, notify
the local radio stations, public works, or fire department of adverse road
conditions that affect the motoring public.

2. The Chief of Police may close a street if, in his opinion, the surface
conditions and terrain are unusually hazardous. In this event, he may
request assistance from the appropriate agency in alleviating the problem
and request public service radio announcements be made concerning the
closure.

3. The Chief of Police may request dispatchers to notify the proper utility
company and assign officers to direct traffic and safeguard movement at the
scene of all downed power lines, broken gas or water mains or at
construction sites, when the situation endangers the safe movement of
traffic.

H. Funeral Escorts: See GO 2-13.

I. Roadblocks: See GO 2-10B:

J. Traffic ancillary services:

1. Stranded or disabled motorists:

a. Officers shall provide reasonable assistance to motorists. This may


include requesting the dispatcher to call wreckers or obtaining other
services as needed. Time and duty permitting, the officers may
assist stranded and disabled motorists to obtain fuel and repairs, but
officers are not required to perform the repairs personally.

b. Under normal circumstances, police vehicles shall not be used to


jump start or push non-government-owned vehicles.

c. Officers shall be aware of possible dangers to motorists who are


stranded in isolated areas and hazardous locations on the highway,
and shall take steps to reduce these threats by transporting motorists
to safer locations or setting out flares to warn other motorists.

2-23.5
d. If the officer must leave the scene before the arrival of requested
assistance, he shall request that another unit (if available) check the
area and provide assistance or protection.

e. Officers shall be familiar with the area and be able to provide


directions to various locations within the town and county.

2. Highway emergencies:

Officers arriving at the scene of any highway emergency shall request the
dispatcher to obtain necessary services and then provide emergency First
Aid, fire suppression, and obtain additional assistance as the situation
requires, pending arrival of appropriate emergency services.

3. Emergency escorts:

a. Officers shall not provide escort to other emergency vehicles.


Officers may direct traffic at intersections to expedite the movement
of other emergency vehicles.

b. Emergency escorts shall be given only to private vehicles enroute to


hospitals when the patient's life would be endangered in moving him
or her from a private to an emergency vehicle. In cases where
escorts are provided, the officer shall:

(l) Remember that the driver of the escorted car may not be as
skillful a driver as him- or herself and may also be
emotionally upset;

(2) notify the supervisor;

(3) ensure that the escorted vehicle has its headlights on and the
police vehicle has its emergency flashers operating;

(4) obey all traffic lights, proceeding through them only after it
is safe for two vehicles to do so.

4. Procedures for reporting road hazards and debris:

a. An officer locating hazardous debris in the roadway shall remove it


or request the dispatcher to notify public works to have it removed
from the road to a safe location.

2-23.6
b. Officers shall report all highway defects to the dispatchers and, in
turn, dispatchers shall contact the VDOT as soon as the situation
dictates.

c. Requests or suggestions for additional or new highway safety


features shall be forwarded through the chain of command to the
Chief of Police who will forward the request to the appropriate
department or agency, if the situation warrants. These requests shall
specify the services or actions requested and the location.

2-23.7
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: UNUSUAL OCCURRENCES NUMBER: 2-24
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
2-22 (1/88) _____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.05.01, 05.02

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Special operations
Unusual occurrences

I. POLICY:

Unusual occurrences include emergencies resulting from natural or man-made


disasters or civil disturbances such as riots, disorders, violence or labor disputes. Special
operations include barricade/hostage situations, bomb threats/disposal, VIP protection,
special events, and civil defense. While such occurrences are uncommon, the department
expects its personnel to respond to them in a manner consistent with its professional image.

II. PURPOSE:

The department must respond effectively to any unusual/special events. The many
variables involved prevent precise development of plans for specific situations; however,
basic planning can help to guide officers.

The department must be prepared to participate in the town emergency operations


plan which covers disasters, civil defense, and civil disorder.

2-24.1
III. PROCEDURES:

A. Administration:

1. The Chief of Police is responsible for overall planning of law enforcement


response to unusual occurrences and special operations and for department
participation in the town/county emergency operation plan.

2. All officers and supervisors shall familiarize themselves with all such plans
in order that they may readily perform assigned responsibilities. Plans shall
be reviewed and updated as needed.

3. The following General Orders provide unusual occurrences and special


operations planning, guidelines, and procedures:

a. GO 2-25, Hostage/Barricade Situations

b. GO 2-26, Hazardous Materials Incidents

c. GO 2-28, Civil Disturbances

d. GO 2-29, Disasters

e. GO 2-38, Special events/VIPs

4. The Chief of Police or his designee is responsible for coordinating all law
enforcement plans with the municipal, county, or state official charged with
emergency activities. All emergency operations plans will be reviewed and
updated as needed.

5. Aid to other jurisdictions in unusual situations and mutual assistance is


covered under RR 1-17.

B. Operations:

1. A variety of maps and photomaps are available to serve in plotting


operational commitments including:

a. the communications center console map showing key utility sites;

b. a map of the town in the conference room

2-24.2
C. Special operations:

1. Supervisors must know the abilities of personnel and shall use this practical
information in assigning or calling out officers for use in special operations.
They shall use officers they know by skill qualification, training, physical
fitness and agility, psychological stability, and interpersonal communication
skills which are best suited for special operations such as hostage/barricade,
decoy/surveillance, etc.

2. Officers selected for special operations shall be under the authority of the
commander directing the special operation until properly relieved.

3. Bomb disposal operations must be conducted by either the EOD Detachment


at the nearest military base or by Virginia State Police personnel. Telephone
numbers are available to dispatchers.

D. Mobilization/call-back:

l. In any emergency or special operation where additional law enforcement


resources are required, the Chief of Police may:

a. hold over the shift due to go off so that personnel of two shifts are
available, or

b. call back additional personnel.

2. Some special operations are planned weeks in advance and, where possible,
additional personnel required will be given advance notification of time,
place, uniform, duties, etc. For other operations such as raids, security
considerations may limit advance notification to minutes.

3. The Chief of Police shall assign personnel called back as required, using the
skills, knowledge, and abilities of recalled officers where appropriate.

4. Call-back time is paid time and will be strictly controlled and accounted for,
minimizing expenditure where feasible.

2-24.3
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: HOSTAGE / BARRICADE NUMBER: 2-25
SITUATIONS
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
OPR.02-12 (8/98) ______________________________________
Chief of Police
VLEPSC STANDARDS: OPR.05.01,
06.02

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Barricade
Hostage

I. POLICY

Hostage and barricade situations present special problems to police officers and
citizens because of their danger. Each hostage/barricade situation is different, but a basic
plan may provide officers with guidelines to help defuse the situation safely. Regardless of
the outcome, the department expects its officers to react logically and sensibly. Above all,
officers shall not fuel a hostage taker's stress but should strive to contain or limit the
situation.

II. PURPOSE

The purpose of this general order is to establish procedures to follow should a


hostage/barricade situation arise.

2-25.1
III. PROCEDURE

A. General:

Hostage/barricade situations can be emotionally charged and, therefore, offer great


danger. Stress is high both among police and citizens involved. Normally, there is no need
to rush to a solution: time may reduce stress and allow communication to begin.
Additionally, time is needed to assess the situation and to secure the surrounding area.

B. Responsibilities of first officer and supervisor on scene:

The duties and responsibilities of the first officer on the scene include the following.

1. Assess whether a hostage/barricaded situation exists.

2. Inform dispatch and request the supervisor's presence and additional back-
up.

3. Attempt to contain the situation at its present location until arrival of tactical
and/or hostage negotiation personnel.

4. Safely remove all innocent persons from the danger area. Those persons
who cannot be removed immediately shall be instructed to seek protection
where they are if gunfire is taking place.

5. Inform the on-duty supervisor of all pertinent facts upon his arrival.

6. Assist the on-duty supervisor in gathering as much information as possible


about the situation, including the following.

a. Suspects:

(1) Location: floor, room, roof, basement?

(2) What types of weapons does he/she possess (handguns, rifles,


hand grenades, dynamite, etc.)?

(3) Who is he/she, a criminal suspect (burglar, rapist), mentally


ill, militant? Complete physical description? Mental and
physical condition?

(4) What is the criminal’s purpose?

(5) What crime has he/she committed?

2-25.2
b. Hostage: physical description (age, height, weight, sex, hair, etc.)?
Physical and mental condition?

c. Location:

(1) Interior and exterior descriptions.

(2) Identify all possible escape routes.

(3) Determine locations of service (water and electricity


connections.

(4) Determine in which rooms telephones are located.

(5) Determine if a police scanner is in the building.

C. Supervisor's responsibilities:

Upon arrival at the scene, the supervisor shall assume command of all police
personnel and make all appropriate decisions until he is relived by higher authority.
Duties and responsibilities of the supervisor include the following.

1. Notify appropriate personnel within department and support agencies.

a. The supervisor shall notify the Chief of Police.

b. After determining the danger of the situation, the supervisor or


designee shall make the appropriate notifications, which may include
call-backs. (See G.O. 2-24, Unusual Occurrences.)

c. Rescue squad - to stand by in general area.

d. Hospital emergency room - alert to possible injuries.

e. Fire department - to stand by in general area.

f. State Police can provide specialized services such as the Emergency


Response Team (ERT), Negotiators, K-9 unit and the helicopter.
(To contact the State Police, see RR 1-17, Jurisdiction/Mutual Aid).

g. News media - to inform public to stay out of area. See RR 1-13.

2-25.3
2. Establish an inside and outside perimeter to ensure a safe area in which to
operate.

3. Establish a command post in a safe area while maintaining observation of


the scene.

4. Arrange for the evacuation of any injured persons.

5. Arrange for and supervise the evacuation of any bystander in the danger
area. If bystanders cannot be evacuated, they shall be instructed to seek
protection where they are.

6. Establish communications with the suspect or suspects to determine their


demands or intentions. Some guidelines to be followed in establishing
communications include the following steps.

a. Attempt to locate relatives, friends, or neighbors.

b. The telephone company will assist if a telephone number is needed.


See Code of Virginia, Section 18.2-50.2, "Emergency control of
telephone service in hostage or barricaded situations; penalty."

c. If unable to contact the suspect telephonically, use public address


system or a bull horn.

d. Make every effort to persuade the suspect to surrender voluntarily


before using force.

D. Special equipment:

Hostage/barricade incidents may require the use of specialized equipment on the


scene. All officers assigned to the immediate area of danger shall wear protective
vests.

E. Chase/surveillance vehicle/control of travel route:

The on-duty supervisor shall ensure that, should the hostage taker get a vehicle, all
possible routes of travel are covered by units. Additionally, surveillance vehicles
may be assigned in order to observe the activities of the hostage taker.

F. De-escalation:

Once the hostage taker has been captured, the following actions shall be performed:

2-25.4
1. The suspect shall be removed from the scene immediately in a screened unit.
His rights shall be read to him and he shall be searched by the officer
assigned to investigate the case. He shall be taken directly to headquarters.

2. Hostages shall be removed immediately upon capture of the suspect.

a. The on-scene supervisor shall alert all participants by radio that the
hostages are coming out.

b. Medical treatment shall be provided, if needed.

c. Find a quiet area so that hostages may be united with their families.

d. The on-duty supervisor shall assign the investigator to interview each


hostage to obtain statements.

3. The crime scene shall be preserved until processed for evidence by officers
assigned.

a. The area will remain cordoned off until the on-duty supervisor
declares it open.

b. Units that are no longer needed shall be cleared for normal


assignments by the on-duty supervisor.

c. Investigations shall be made into any surrounding property damage,


e.g., bullet holes in neighboring building. Investigations shall
include pictures.

I. After action reports:

The on-duty supervisor shall submit a comprehensive report to the Chief of Police
on all hostage/barricade incidents containing all facts.

J. Review of plans:

This plan shall be reviewed and modified annually as needed.

2-25.5
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: HAZARDOUS MATERIALS NUMBER: 2-26
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
2-24 (1/88) _____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.07.05

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Evacuations
Hazardous materials

I. POLICY:

Hazardous materials occasionally are transported through the town. Therefore, the
possibility of an accident involving a vehicle carrying hazardous substances has become a
reality. The extent of damage from an accident involving one of these vehicles depends
largely on the response of emergency personnel and their ability to correctly identify and
deal with such an incident.

II. PURPOSE:

It is the purpose of this general order to establish procedures for the initial response
and investigation of accidents involving vehicles carrying hazardous materials.

2-26.1
III. PROCEDURES:

A. General:

Because of the hazard which might exist or may develop through an accident,
especially a derailment or overturned vehicle transporting hazardous materials,
officers must exercise extreme caution. Officers shall take the following actions:

1. Any evidence of leaking liquid or vapor will be sufficient that officers shall
seal off the area until positive identification can be made by the fire
department, which shall be called immediately. The fire department shall
assume authority and responsibility for emergency procedures.

2. Identification of hazardous material may be accomplished by:

a. Placards:

Placards are displayed at the front, rear, and on both sides of all
vehicles (including rail cars) hauling hazardous materials; however,
experience has shown that placards are sometimes either not
displayed or misidentified. Each patrol officer shall carry on duty a
HAZMAT brochure identifying placards in use.

b. Driver:

When the accident involves a truck, the driver of the truck may be
able to supply information about the load transported; however, the
driver is not required to know a great deal about cargo or emergency
measures for handling it except for explosives. In case of
explosives, the driver is required to have in possession and be
familiar with documents containing procedures to be followed in the
event of accident or delay.

c. Shipping papers:

(1) Where the hazardous material is transported by truck, the


driver is required to have a copy of the shipping papers
which show the name of the materials, classification, and
quantity. By using these papers and the Emergency
Response Guide, the officer can identify the hazard
associated with the material and ways of handling it.

2-26.2
d. Chem-cards:

To supplement the placarding system, many shippers of chemicals


provide the drivers with Chem-cards which provide emergency
information. Although Chem-cards are subject only to voluntary
use, the officer shall ask the driver for them.

3. Remain upwind, uphill or upstream if possible for all hazmat incidents.


Secure the area and await fire department personnel or HAZMAT teams
who have special monitoring equipment.

4. The on-duty supervisor shall respond and ensure that appropriate


notifications are made.

5. The Chief of Police shall notify immediately the town manger of the
situation and shall keep him advised of any changes.

6. Normal accident investigation procedures shall be suspended until such time


as appropriate clearance has been received, whereupon the accident shall be
investigated and reported as provided in GO 2-22.

B. Evacuation:

When the possibility of an evacuation of all residents/inhabitants of part or the entire


town exists, the Chief of Police shall consider:

1. manpower requirements;

2. the method of notifying persons to be evacuated (i.e., door to door, PA


system, use of local radio stations, or Code Red (reverse 911) etc.);

3. the size of area and number of people living there to be evacuated; area
maps;

4. use of mass transportation to move evacuated persons;

5. housing of evacuated persons, where possible, in local schools;

6. security of evacuated areas to prevent looting, and premature return (the fire
chief shall make the decision when it is appropriate for people to return
home).

2-26.3
C. Key contact agency information requirements:

The key contact agencies and persons are available for evaluation and assistance in
the handling of hazardous material incidents and evacuation. Every effort shall be
made to obtain the following information before contacting these agencies:

1. location of the accident;

2. hazardous material involved and shipper, if known;

3. the color and number of any labels on the carrier or cargo;

4. type of environment (residential, rural, business, etc.);

5. size of the container and amount of product leaking;

6. the initial and number of aircraft, if any.

D. Key agencies:

Depending on the hazardous materials involved, one or more of the following


agencies shall be contacted:

1. Chemical Transportation Emergency Center (CHEMTREC), (800) 424-


9300 (TOLL FREE).

2. Pesticide Safety Team Network (PSTN), contacted through CHEMTREC,


(800) 424-9300 (TOLL FREE)

3. Radioactive Materials - Department of Health, (804) 786-5932, off duty,


(804) 323-2300; ask for Radiological Health Specialist support.

4. Hazardous Chemicals - Division of Consolidated Laboratory Services (804)


786-7900.

5. State Department of Emergency Services, (804) 323-2300, if additional state


or federal HAZMAT teams are needed, or other resources.

6. Office of Emergency Services, 10501 Trade Court Chesterfield, VA, (804)


897-6500.

2-26.4
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: BOMB THREATS NUMBER: 2-27
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
2-25 (1/88) _________________________________________
Chief of Police
VLEPSC STANDARDS: OPR.05.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or criminal
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 this department, and then
only in a non-judicial administrative setting.

INDEX WORDS:

Bombs
Dispatcher responsibilities (re: bomb threats)
Explosions
Searches (for bombs)

I. POLICY:

Bomb threats and actual bomb emergencies present a serious threat to officers, the public,
and to property. Recently, more actual bombings of public and private buildings have occurred than
at any time this century. Law enforcement must be able to respond effectively to all bomb threats,
assess them, and handle each efficiently to provide for the safety of the general public. Additionally,
officers must be able to properly investigate bomb threat/bomb emergencies in order to apprehend
those responsible.

II. PURPOSE:

The purpose of this general order is to establish procedures for handling bomb threats and
actual bomb emergencies.

III. PROCEDURES:

2-27.1
A. Administration:

1. The on-scene supervisor shall have the authority to implement this plan and shall
assume command of the operation until relieved by the Chief of Police or his
designee.

2. In accordance with GO 2-15, Investigations, bomb threats normally shall be


investigated by officers, while actual bombings require the assignment of
investigators. The on-scene supervisor may decide it appropriate to call out the
investigator if the threat involves extortion or terrorism.

3. The FBI must be notified of any actual bombings. Bomb blasts in schools or at
federal installations shall be investigated by the FBI.

B. Duties and responsibilities of dispatcher:

The duties and responsibilities of the dispatcher receiving a bomb threat/bomb emergency
call include:

1. Obtain as much information as possible such as:

a. exact location of the bomb;

b. time set for detonation;

c. description of bomb;

d. type of explosive;

e. type of bomb (pipe, etc.);

f. reason for bombing.

2. Notify and dispatch the Chief of Police (if actual bombing) to the scene.

3. Record pertinent information.

C. Duties and responsibilities of the on-duty supervisor:

Upon notification by the dispatcher, the supervisor shall immediately respond to the scene.
Radios shall be turned off. Additionally, the supervisor shall:

1. Assess the situation; make a determination to notify command personnel,


investigative personnel or FBI.

a. If a call back of additional officers is necessary, the dispatcher shall be


instructed to do so in accordance with GO 2-24, Unusual Occurrences.

2-27.2
b. Determine what outside agencies shall be notified or assistance requested
such as fire, rescue, hospitals, the FBI, BCSO and Virginia State Police.

c. If a bomb has exploded, have the dispatcher contact the Virginia State
Police.

2. Interview the person who received the original call. All details, such as the caller's
voice, mannerisms, background noises, and the time shall be noted. The time the
call was received is most important since most bombs are activated by a watch or
clock which restricts the "bomber" to a 12-hour period or less. Play back the tape
recording of the bomb call, if one was made.

3. Instruct officers about traffic control in the general area.

4. Establish a security perimeter around the scene.

5. Coordinate with outside agencies that have been called, as they arrive.

D. Duties and responsibilities of investigating officer:

Upon arrival at the scene, the investigating officer shall assume responsibility for the
completion of the preliminary investigation and begin a follow-up in accordance with GO 2-
15, Investigations. If an actual explosion has occurred, detailed investigation and crime
scene processing should await the arrival of the investigator.

E. Evacuation:

1. The final decision to evacuate a building must be left up to its management. The
role of law enforcement is to provide information and recommendations which the
management officials may use in making the evacuation decision.

2. If the decision is made to evacuate the building, officers may assist in the process.

F. Searching the premises:

1. The decision to search a building is also a management decision, with police


providing recommendations. Since building employees are most familiar with the
building and the space therein, part of the building management responsibility
includes providing assistance to police/fire building search teams.

2. When the decision to search has been made, the on-scene supervisor shall designate
search team(s) as needed, depending on the size of the area to be searched.

3. Officers shall coordinate the search to avoid repetition. Care should be exercised,
however, to impress upon the searchers the importance of not disturbing any
suspected bomb that may be located. An attempt to procure a floor plan of the

2-27.3
building shall be made for reference.

4. All areas open to the public shall be given special attention: restrooms, trash
receptacles, stair wells, elevator shafts, etc. Custodians shall be directed by their
own supervisors, on police orders, to check their closets and storage areas for any
unusual objects and supervisors shall ask their subordinates to check their work
areas for unusual objects.

5. Nothing shall be done to change the environment of the area searched, such as
cutting on light switches or thermostats until the area has been searched thoroughly
using flashlights. DO NOT USE RADIOS when approaching or searching the area.
DO NOT SMOKE.

6. Never tell management personnel that everything is all clear. Tell them that the
search revealed nothing, but let them make any decisions concerning re-occupation
of the building area.

7. If a search reveals an unusual device or bomb, officers shall not attempt to disarm
or move it in any manner. The explosive may contain an antidisturbance device
and should be approached only by explosive experts. The main concern is to
safeguard lives by isolating the area. If a suspected bomb is found, the dispatcher
shall contact the State Police and/or the Explosive Ordinance Disposal Unit at Fort
Eustis or Fort Belvoir. A disposal team shall respond to handle the device, and has
all necessary equipment to handle bomb disposal operations.

G. Communications:

Due to the danger of possible bomb detonation from radio transmissions all police radios at
the scene shall be turned off. Communications between the supervisor and dispatch shall be
by telephone or an officer can be sent several blocks away to transmit messages using the
police radio.

H. Scene protection/evidence collection:

If an explosive device has been detonated, the scene shall remain protected until the
investigator or outside agency arrives to begin scene processing. Officers/investigators shall
give any assistance requested by the outside agency.

I. News media access:

News media access shall be restricted to the security perimeters established by the on-scene
commander. The Chief of Police shall be the single point of contact in releasing
information to the media.

J. After-action report:

Offense reports shall be completed on each bomb threat/bomb emergency. Additionally, an


after-action report shall be completed by the supervisor to the Chief of Police relating all

2-27.4
facts of the incident and recommendations, if appropriate.

K. Annual plan review:

This plan shall be reviewed and updated annually by the Chief of Police or his designee.

2-27.5
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: CIVIL DISTURBANCES NUMBER: 2-28
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED: _______________________
OPR.02-12 (8/98) Chief of Police
VLEPSC STANDARDS: OPR.05.02

NOTE:
This general order is for internal use only, and does not enlarge an officer’s civil or criminal
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 this office, and then only in a
non-judicial administrative setting.

INDEX WORDS:

Civil disturbances
Media relations; notification re: civil disturbances

I. POLICY:

Civil disturbances may take various forms and vary in size and amount of danger of the
public. Civil disturbances include riots, disorders, and violence arising from dissident gatherings,
rock concerts, political conventions, and labor disputes. Of primary importance in any civil
disturbance is defusing the situation and restoring order. Officers must be able to respond to any
civil disturbance, isolate it from the remainder of the community, protect life and property, and
maintain control.

II. PURPOSE:

The purpose of this general order is to establish procedures for the Lawrenceville Police
Department’s response to and handling of civil disturbances.

III. PROCEDURES:

A. Authority for plan implementation:

1. On-duty supervisors are authorized to implement this plan. Appropriate


notification of implementation shall be made to the Chief.

2-28.1
2. The on-duty supervisor shall be responsible for implementing the plan until
relieved by the Chief or his designee.

B. Departmental resources:

The supervisor implementing this plan shall determine what, if any, additional departmental
resources are required.

1. Additional personnel may be called back in accordance with GO 2-24, Unusual


Occurrences.

2. For additional equipment needs beyond that readily available, the supervisor shall
contact the Chief or his designee immediately.

C. Duties of first officer on the scene:

The duties of the first officer arriving at the scene of a disturbance include the following
steps.

1. Observe the situation from a safe distance and determine if the crowd is peaceful or
potentially violent.

2. Notify the dispatcher concerning the seriousness of the situation and request the
supervisor and additional back-up to respond.

3. Try to identify, by observation, the leader of the group.

D. Duties of the on-scene supervisor:

Upon arrival at the scene, the supervisor shall assume command until relieved by higher
authority. His or her duties and responsibilities shall include:

1. Assessing the situation for seriousness and danger (If the situation is minor, it may
be handled with existing resources);

2. Maintaining communications with the dispatcher providing such information as:

a. estimated size of the crowd and area involved;

b. gauging the mood of the crowd;

c. weapons, if any, involved;

d. any destroyed property involved.

3. Establishing a command post from his vehicle, using the police radio for
communication;

2-28.2
4. Deciding on number of personnel/equipment needed. If a call back is begun, the
supervisor shall determine the assembly point and equipment to be worn.

5. Instructing dispatch to make proper notifications, to include:

a. State Police;

b. rescue squad--request stand by in area;

c. hospital emergency rooms;

d. neighboring jurisdictions;

e. fire department--to stand by in area;

f. ethnic/civic group leaders;

g. news media to provide public information;

h. commonwealth's attorney to provide legal advice on arrest/confinement;

i. District/juvenile court judges and magistrates for arrest/confinement;

j. National Guard.

6. Instructing officers about traffic control in disturbance area.

E. Duties and responsibilities of dispatchers:

When a civil disturbance arises, dispatchers shall:

1. Make appropriate notifications requested by the supervisor. Officers notified of call


back, shall be told when and where to report and what equipment will be needed.

2. Make news media referrals to the supervisor.

3. Refer inquiries about any casualties to the appropriate hospital.

F. Operations:

Once appropriate and adequate personnel are in place, the supervisor shall:

1. Approach the crowd and inform the leader or leaders that the assembly is unlawful
and they have to disperse. If the crowd is violent, this may be accomplished by
using the P.A. system in patrol vehicles or the bull horn.

2. A time limit for dispersal should be established and no extensions allowed.

2-28.3
3. If the crowd fails to disperse and continues its activity, the supervisor shall, after
consultation with the Chief or his designee order the formation of police lines and
move into the crowd for control.

G. Transportation:

All departmental vehicles shall be available for transportation of officers and equipment to
the scene, and for prisoner transport from the scene. If additional transportation is required
in the event of mass arrests, the Chief’s designee shall contact surrounding jurisdictions for
assistance for transportation.

H. Public facility security:

Attempts shall be made to provide security to all public facilities threatened by any crowd to
include:

1. town water supply;

2. fire/rescue/hospital buildings and access to them;

3. Town Government Buildings;

4. schools.

I. Public information/rumor control:

The Chief or his designee shall respond to appropriate news media requests in order to keep
the public informed and to dispel rumors.

J. De-escalation procedures:

Once the disturbance has been brought under control and the situation has returned to
normal, the supervisor shall begin de-escalation procedures to include the following steps.

1. Disengage officers as appropriate.

a. The on duty officer shall return to normal patrol operation.

b. Called-back officers shall return issued equipment to the command post.

2. Assign officers to remain in area of disturbance to protect from any recurrence of


trouble.

3. Discontinue the command post.

4. Ensure that departmental equipment is collected.

2-28.4
K. Post-occurrence duties/after-action reports:

The supervisor, upon returning to the Police Department, shall perform the following duties.

1. Prepare a detailed report, providing all factual information about the incident to the
Chief, along with any appropriate recommendations.

2. Provide factual information to the news media.

3. Arrange for evidence collection at the scene.

L. Mass arrest procedures:

During the course of a civil disturbance, mass arrests may become a reality and must be
handled quickly and efficiently providing for transportation to jail, release on summons,
arrestee rights, etc.

Arrested persons shall be removed from the point of disturbance by the arresting officer and
brought to where formal booking shall take place, either the Police Department or Regional
Jail. The supervisor shall establish an arrest team to handle prisoners. Arrest team duties
shall include the following steps.

1. Photograph the arrested person with the arresting officer using a digital camera.
Arrest/identification information shall be recorded and entered as soon as possible.
Depending on the type of criminal charge, fingerprint and CCRE cards may be
required.

2. Prisoners shall then be brought before a magistrate for formal charging and bond
hearing.

3. Arrested persons shall be allowed the opportunity to contact legal counsel at the
conclusion of booking.

4. Arrested persons who are injured shall be given medical treatment before any
booking begins.

5. The commonwealth's attorney or his assistant shall provide legal advice to the
supervisor as appropriate.

6. Juveniles involved in arrests shall be treated according to procedures set forth in


GO 2-31, Juvenile Procedures.

M. Use of force:

Officers shall use the minimum force necessary to effect arrests or control the disturbance.

2-28.5
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: DISASTERS NUMBER: 2-29
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.05.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Disasters

I. POLICY:

The following plan for handling disasters is a rough outline of duties and
responsibilities that generally apply.

II. PURPOSE:

The purpose of this general order is to establish procedures for responding to a


natural or man-made disaster.

III. PROCEDURES:

A. Definitions:

1. Natural disaster: Any hurricane, tornado, storm, flood, high water, wind-
driven water, earthquake, drought, blizzard, ice storm, fire or other natural
catastrophe resulting in damage, hardship, suffering or possible loss of life.
2. Man-made disaster: Any industrial or transportation accident, explosion,

2-29.1
conflagration, major power failure, resources shortage, or other condition
such as sabotage, oil spills, and other injurious environmental
contaminations which threaten or cause damage to property, human
suffering, hardship or loss of life.

B. Authority for placing plan into operation:

1. On-duty supervisors are authorized to place this plan into operation.


Appropriate notification of situations requiring plan implementation must be
made to Chief of Police. The Chief of Police shall immediately notify the
town manager of the situation and will keep him advised of any changes.

2. The supervisor shall be responsible to implement the plan until relieved by


the Chief of Police, who will remain the unified commander of all personnel
involved in the operation, unless otherwise ordered by higher authority.

C. Departmental resources:

1. Supervisors implementing this plan may determine that additional


departmental resources are required.

2. Additional personnel may be called back.

3. For equipment needs beyond that readily available to the supervisor, he shall
contact immediately the Chief of Police.

D. Disaster operations:

1. The exact nature of the disaster, buildings or area affected, location, and
potential danger will determine the response. The supervisor shall give
consideration to the following:

a. All police units at the scene of a disaster must provide information


concerning conditions found, so that the supervisor can evaluate the
magnitude of the required response. Dispatch shall also obtain
information for the supervisor from other emergency service and
utilities as available.

b. Depending on the nature of the disaster, a field command post may


be established in the vicinity of the disaster. The command post
shall be the police vehicle of the ranking officer present at the scene.
In any major disaster, the command post shall be located at the
police office. Situation maps shall be maintained and made available
from the command post.

2-29.2
c. The supervisor must communicate necessary information to
emergency services, utilities, town departments, and to media
agencies. Under some circumstances, it may also be necessary to
loan police radios to emergency service/utility crews with whom
essential contact must be maintained.

d. The Chief of Police or his designee shall have area media agencies
notified and establish a media briefing point normally in the vicinity
of a small-scale disaster or at the police department in case of an
area-wide disaster. Regularly, information shall be provided directly
to media representatives present.

e. The Chief of Police or his designee shall advise all relevant law-
enforcement agencies and/or military offices of any disaster and
may, subsequently, request additional law enforcement support as
required. Should a martial law situation be declared, the appropriate
authorities shall coordinate the action.

f. The involvement of one or more buildings, public or private, can


generate a requirement for security to prevent looting, theft, or
trespass. The Chief of Police will consult with the town manager
about emergency proclamations issued by the Mayor.

g. It may be necessary to block roads and reroute traffic away from the
affected area. Emergency service units shall be so advised, and
announcements made over local radio stations.

h. Necessary public works and utilities companies shall be notified of


road clearance needs, broken mains, and downed lines.

i. The Chief of Police or his designee shall ensure an orderly de-


escalation of controls and personnel as the disaster is reduced.

j. Any special transportation needs may be requested from appropriate


town departments or other emergency services.

k. Supervisors involved shall prepare after-action reports concerning all


police activities during a disaster as well as recommendations
concerning the handling of any future problems. A complete after-
action report shall be provided to the town manager by the Chief of
Police. After-action reports shall include any budgetary impact,
commitments, and obligations.

2-29.3
LAWRENCEVLLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: VICTIM SERVICES NUMBER: 2-30
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
________________________________________
Chief of Police
VLEPSC STANDARDS: ADM.23.01-
23.03

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Crisis intervention
Interview techniques
Investigator responsibilities (re: victims)
Patrol responsibilities (re: victims)
Victims

I. POLICY:

"If we take the justice out of the criminal justice system, we leave behind a system
that serves only the criminal" (L. Herrington, Chairman, President's Task Force on Victims
of Crime, 1982). The rights of suspects and defendants involved in the criminal process are
unquestionably important; yet it is equally important to protect the rights of the victims of
crime. Victims have a need and an expectation to obtain fair and humane treatment from
law enforcement personnel. Crime victims often suffer physical, psychological, and
financial injuries. The first source of protection for most victims is the police officer. "The
manner in which police officers treat a victim affects not only his immediate and long term
ability to deal with the event but also his willingness to assist in a prosecution" (President's
Task Force on Crime, 1982). A victim treated well during crisis provides the officer with a
better witness who will give a more accurate account of what happened. The department

2-30.1
recognizes the importance of adequate victim services. Responsiveness to the needs of
crime victims is a department priority.

II. PURPOSE:

The purpose of the policy is to establish guidelines, responsibilities, and procedures


for crime victim assistance.

III. PROCEDURES-General

A. General responsibilities:

1. "Victim" means a person who suffers as a direct result of a crime committed


upon his/her property or person. (Virginia Code 19.2-368-2)

2. All members of the department have responsibilities for and shall support
crime victim assistance procedures.

3. Department personnel shall consider victims as clients of the criminal justice


system who are to be treated with respect and fairness.

4. Department personnel shall view victim assistance as a partnership. Better


treatment of victims will result in better investigations leading to more
convictions.

5. Cultural/language differences may exist. Personnel are encouraged to use


interpreters and translator services, if needed. Such services, if not provided
by the department, may be found at local colleges and universities or certain
ethnic agencies. (Virginia Code, 19.2-164).

6. All personnel shall receive periodic in-service training on the nature and
impact of victimization.

a. The Chief of Police, or his designee, shall arrange formal or informal


in-service training concerning victim assistance.

b. Training will include recognition of symptoms of crisis (shock,


disbelief, denial, anger, fear, guilt, frustration); suggested approaches
to interviewing victims; resources available to the officers. (See
Appendices to this order.)

c. The Chief of Police shall ensure that department personnel are


trained periodically about current procedures used locally in the
processing of a victim's case and the victim's role in each stage.

2-30.2
7. Officers are required to render assistance to victims, unless victims refuse it.
An officer who has a duty to act to assist a victim may be liable for
negligence for improperly performing, or failing to perform, a duty.
(Federal and state courts have decided recently that victims of crime have a
right to equal protection of the law under the 14th Amendment of the
Constitution and that victims, under certain circumstances, may have a
special relationship with law enforcement agencies. Failure to provide either
an appropriate response to victims or to respond upon the pleading of a
victim for help may be judged as malfeasance or nonfeasance of official law
enforcement duties and obligations.)

IV. PATROL RESPONSIBILITIES

A. Arrival at scene.

1. Patrol officers shall:

a. record date and time of arrival;

b. determine location and condition of victim;

c. determine if suspect is still at crime scene (initiate crime broadcast, if


applicable);

d. summon ambulance, if indicated.

2. Patrol officers must explain their role to crime victims and why they need to
ask questions.

3. Patrol officers shall know and practice crisis intervention skills. (See
Appendix 1 to this General Order.)

B. Crime scene preservation:

1. First officer on the scene is responsible for preserving crime scene and to
fully explain to the victim what the investigation will entail.

2. Ensure that evidence is not destroyed or contaminated. Further, an officer


must remain at the crime scene until evidence is processed.

3. Victim must be informed of the necessity of taking photographs of the


person and removing personal belongings for evidence. Officers shall use
tact in explaining evidence collection procedures because the victim may

2-30.3
well be upset or distraught.

C. Officers shall demonstrate concern for the victim after the crime has occurred. To
this end, officers shall freely provide information about available social services, the
criminal justice process, or accommodate any other reasonable need.

D. Identify and separate witnesses:

1. Record names and addresses of witnesses and other persons at the scene.

2. Obtain valid identification, if possible.

3. Obtain preliminary statements.

E. Interview victim separately from witnesses and in privacy.

1. Victims are interviewed; suspects are interrogated. Interviews with victims


require patience, firm but not overbearing control, tact, and a demonstrated
concern for their discomfort.

2. Establish rapport with the victim. Explain the necessity of asking specific
personal questions.

3. Use appropriate interview techniques.

4. For further instruction, see Appendix 2 to this General Order.

F. Assess medical/psychological needs of victim.

1. Arrange for appropriate treatment as soon as possible. The victim may want
or need to be examined and reassured of his or her physical condition.
Similarly, the victim may want or need to speak to someone for
psychological support (relative, friend, or counselor).

2. The victim may be confused or unable to express his or her needs. Use good
judgment and, if appropriate, refer victim to another agency.

G. Transportation of crime victims.

1. Victims may be transported in department vehicles when necessary to


accomplish a police purpose: to a medical facility, to the department or
other criminal justice agency, to a safe shelter.

2. Once the victim is taken to the necessary destination, an officer will escort

2-30.4
the victim inside, ensuring that the proper authority is notified of arrival.

H. Completing the crime (incident) report.

1. The purpose of the crime report is to document the incident for further
investigation and prosecution.

2. Reports must be factual, clear, concise, and unbiased.

3. Be specific. Use victim's own terminology in report.

4. Avoid personal opinions regarding any comments made by victims or


witnesses.

5. Use effective communicative skills which are both easy to understand and
supportive of the victim. (See Appendix 1 to this General Order.)

6. At completion of the initial investigation, provide the victim with the case
number, officer's name and badge number, classification of crime, date of
report, and phone number to obtain or relay additional information. Advise
victim of how to obtain a copy of incident report.

I. Officers shall give brochures to the victim or victim's representative that explain the
next steps to be taken in the case, as well as where victims can go to receive
information and assistance in accordance with § 19.2-11.1 of the Code of Virginia

J. Determine where the victim will be over the next several months: obtain addresses
for any temporary or permanent residence, place of business, or other place to
contact.

K. Property control: If an officer takes property from the victim for purposes of
investigation, he or she shall provide a written receipt for the property to the victim
accompanied by an explanation of why it is required as evidence. (See GO 2-17)

L. Notify the victim of the department's interest in protection from intimidation or


threats by defendant, his family or friends. Instruct the victim to call the department
if this occurs. Assist victim in obtaining a protective order, if required by law.

M. Media relations (See RR 1-13):

1. Use discretion with media personnel. Do not give reporters specific


information about the case that might impede its investigation and
prosecution.

2-30.5
2. Protect the victim's identity by not releasing the victim's name or address.
Advise reporters to contact the Chief of Police for information.

N. When the investigator arrives, the officer will report all that has been done.

V. INVESTIGATOR RESPONSIBILITIES

A. The investigator's purpose is to follow-up the preliminary investigation, to provide


additional investigation to effect an arrest, and to prepare the case for prosecution.
Immediate assignment of an investigator may occur following personal violent
crimes. (See GO 2-15 and patrol responsibilities, GO 2-13.)

B. Arrival at scene.

1. Upon arrival, the investigator shall receive a report from the officer who
completed the preliminary investigation.

2. Investigators must explain their role to crime victims and why they need to
ask additional questions, perhaps repeating the officer's questions. Also
explain the need for and procedures concerning crime lab tests.

3. Investigators shall be able to apply crisis intervention skills. (See Appendix


1 to this General Order.)

C. Collection of additional evidence.

1. Investigators shall gather all pertinent evidence at the scene which will lead
to the apprehension of the criminal.

2. Make the necessary arrangements for forensic tests, drawings, and


photographs.

3. Use proper collection techniques. (See General Orders 2-17 and 2-18.)

4. Record all information with accuracy, clarity, and completeness.

5. Review test results after their return from lab.

D. Care and return of victim's property used as evidence.

1. Notify victim where the property is stored, when it can be reclaimed, and
how to reclaim it.

2. The victim shall not be charged any fees for the collection, storage, and

2-30.6
preservation of property.

3. Expedite the return of property. Photograph as much as possible in order to


return the property to its owner sooner. (See GO 2-18).

E. Seek other pertinent information from other officers.

Review preliminary reports and prepare notes concerning items/information needed.

F. Conduct any further interviews of victims (and witnesses) several hours or days
following the incident. Choose a time and place convenient for the victim, if
possible. (See Appendices 1 and 2.)

1. Obtain additional information which the victim was reluctant or forgot to


provide during the preliminary investigation.

2. Clarify any inconsistencies in the original report.

3. Check for bruises or injuries which were not initially visible or not
photographed and have photos taken.

G. Transportation of crime victims. (See paragraph V.G)

H. Attempt to determine the identity of the suspect(s), if unknown, throughout he use


of one or more of the following:

1. Arrange for the victim to develop a composite drawing. (If Identi-Kit


operator is available, he may need to spend time alone with the victim to
accomplish this.)

2. Arrange for victim to review police photographs. Provide necessary


transportation. To assure an accurate identification, a reasonable number of
photos shall be shown to the victim, even if suspect is selected almost
immediately. (See GO 2-4)

I. Arrest of suspect. The victim shall be notified as soon as possible about the arrest,
custody status, and charges filed.

J. The investigator shall prepare a case presentation to include any available evidence
and lab results, for use in court. Remember, the investigator will be with the victim
through all court proceedings while prosecutors and defense attorneys may change.

2-30.7
K. It is the investigator's responsibility to:

1. maintain victim's case confidentiality;

2. provide support for the victim;

3. protect the victim/take action regarding intimidation or threats by the


defendant and his family or friends;

4. keep the victim informed of results of hospital/lab tests;

5. notify the victim if defendant makes bond or has a bond reduction hearing
scheduled;

6. explain the criminal justice procedures pending. Remind the victim that he
or she will see the accused in court and reassure the victim's safety;

7. work closely with prosecuting attorneys in retrial and trial preparations;

8. give victim one's name and phone number for further contacts;

9. advise victim of social service agencies, including the victim assistance


program (such as victim/witness assistance program, domestic violence
shelter, or sexual assault center).

L. The investigator shall notify the victim when the department closes (clears) the case
by any of these means:

1. Victim non-cooperation, which should happen rarely if victims are


encouraged and supported during the investigation.

2. Cases of non-prosecution: Explain to the victim that a lack of prosecution or


legal insufficiency does not reflect on his or her credibility.

3. Unfounded cases--only when it is proven that the offense did not occur.

4. Exceptional clearance--consult the UCR guidelines for this procedure and


explain reasons to the victim.

2-30.8
Appendix 1 to General Order 2-30

Crisis Intervention Skills

A crisis is any situation where stress (the crime) leads to a breakdown of usual coping
(problem-solving) methods. Morton Bard defines the crisis of victimization as the sudden,
arbitrary, unpredictable violation of self that leaves a victim feeling so shattered that he or she
cannot continue to function the way he or she did before the crime occurred.

A victim's response to crisis is the series of reactions to the stress of a sudden or unexpected
trauma. The response may include the following:

1. Immediate response to crisis--shock, disbelief, denial, helplessness.

2. Post-trauma display of emotions--anger, fear, frustration, guilt, depression.

Examples: screaming, crying, hysterics


severe depression
uncontrolled body trembling
anger, clenched fists, locked jaws
rapid speech and breathing
frozen into immobility
overtly calm after violence
physical opposites--e.g. calm vocal tone
and wringing of hands

3. Re-experiencing the incident--nightmares


flashbacks (especially on month/year anniversaries)
tunnel vision (think only of the crime)
unresponsive, immobile
confrontation with reality bit by bit
mind avoids details (self-doubt, self-denial)

4. Resolution--coming to terms with reality of victimization


regaining lost control over life
resuming a normal existence
may take 2 months to 2 years to reach

It is very important for victims to know this reaction can occur (they aren't going crazy). To know
that these are normal symptoms can help the victim predict and prepare. To understand this
reaction will help them move toward a resolution. Most victims can resolve this crisis reaction by
themselves or with the assistance or short-term counseling.

Crisis intervention means to alleviate the discomfort a person is feeling due to the impact of

2-30.9
a crisis. It is psychological first aid meant to focus on immediate help. It helps the person function
by mobilizing resources and finding successful ways to cope with the incident.

The key to crisis intervention is active listening. It involves listening to the words spoken
and the feelings expressed--sometimes they are incongruous. Listening with empathy, which is
listening from the speaker's viewpoint, not the listener's, is very important. The listener's reflection
and clarification of feelings, summaries, and understanding is part of the process as well. The
appearance of genuine caring and trust is essential in the relationship.

Objectives of Crisis Intervention

1. To appear genuinely interested in helping (for rapport).

2. To get victim to talk freely and frankly and to assess a problem (includes identifying and
clarifying the problem).

3. To be aware of and respect the person's responsibility to make own decisions.

4. To be accepting, objective, and non-judgmental toward the victim's account.

5. To assist the person in putting things into perspective by helping to focus on needs and to be
aware of alternatives and resources including person's own emotional strengths.

6. To listen carefully to what the person has to say, allowing him or her to tell the story in their
own way and to ventilate feelings (active listening).

7. To reassure the person and offer emotional support along with assistance and guidance.

8. To provide pertinent information regarding the crisis.

9. To refer to the appropriate agency (agencies) which can best meet the person's needs.

Victims can give clearer, more accurate accounts of the incident if their intense feelings have been
replaced with feelings of calm and trust. Help the victims to help themselves and they will also
help you.

2-30.10
Appendix 2 to General Order 2-30

Interviewing

"Interviewing is the questioning of a person who is believed to possess knowledge that is of


official interest of the investigator." (O'Hara, C., Fundamentals of Criminal Investigation).

Several factors influence interviewing skills at the crime scene and at later investigations.
They include an understanding of crisis/stress theory, personality of the victim, type of response
given to the victim, and a knowledge of interviewing procedures.

Stages of the interview process:

1. Preparation--build security and rapport, focus on victim needs, emphasize feelings

2. Information--obtain good reconstruction of incident by use of good communication


skills

3. Supportive closure--develop partnership with victim, explain future criminal justice


contacts

Principles of Interviewing

1. Interview should occur as soon as possible after crime.

2. Setting must be as safe, comfortable, and private as possible (more information will
be shared).

3. Introduce self and state reason for your presence.

4. Establish an honest rapport with victim.

5. Listen to what the victim says (requests) and react to his/her needs.

6. Remember the goal of interviewing is to get information from the other person.
Talk only enough to keep him talking and to maintain necessary control over the
interview.

7. Observe both verbal and non-verbal communication.

8. Ask the victim to state in his/her own words what happened.

9. Do not argue with the victim.

2-30.11
10. Maintain strict impartiality. Don't pass judgment.

11. Avoid making any suggestions during the interview.

12. Don't jump to conclusions in an effort to summarize.

13. Help prepare victim for future contact with the justice system.

Techniques of Questioning

1. Questions should be simple.

2. Questions should be asked one at a time to avoid confusion.

3. Questions should not be worked to give the impression of an implied answer.

4. Allow the victim to "save face" if a mistake is made in answering.

5. Project a positive attitude and ask questions in a positive manner.

6. Silence is not to be taken as a negative attitude. It allows time to think and clarify
responses.

7. Interviewer must not dominate the interview. The victim needs to regain control
lost during the crime.

8. Ask open-ended questions to increase the amount of information that will be given.
Do not ask "yes" or "no" closed questions except at the beginning of interview when
it is important for victim to gain some measure of control by simple decision
making.

Verbal/Non-Verbal Techniques

1. Eye contact--Direct eye contact is important for communicating to the victim that
one is listening and concerned.

2. Body posture--Monitor one's body posture to determine what is being


communicated (leaning towards victim indicates interest, sitting upright and rigid
indicates impersonality, arms crossed and stern look provokes anxiety).

3. Uniform--Remove hat and turn down radio.

4. Personal distance--Closeness to victim expresses concern, too close is less than two
feet (can be threatening), greater distance increases formality.

2-30.12
5. Touching--Help the victim's initiation of touching by putting forth hand or placing it
close on table to allow victim to reach out (as a beacon to the victim, officer allows
the victim to touch for reassurance if he or she so desires without undue pressure).

6. Vocalization--The volume, speed, pacing of speech is important:

a. Speak to victim in slow, soft voice.


b. Allow a few seconds between questions.
c. Pacing questions slowly gives the impression of patience and concern.

7. Notetaking--Ask permission to take notes first. Explain that notetaking is necessary


for accuracy.

8. Active listening--Use the skills of listening:

a. clarification;
b. summarization;
c. allowing silence.

2-30.13
Interview Interrogation

Why (purpose)

To gather and to test validity of information to To gather and to test validity of information to determine
determine the particulars of the matters under that the subject was responsible for, or involved in, the
investigation. matter under investigation

Who (subject)

Victims and witnesses who are willing to provide Persons suspected of crimes as well as others who may have
police with any information they possess about the information but are reluctant to offer it.
matter under investigation.

When (timing)

Interviews should take place as soon as possible after Interrogations should take place ideally when the
the event has occurred so statements of witnesses are investigation has gathered enough information to know how
not affected by memory loss, influence of talking to truthful the subject is. They are more fruitful after witnesses
others, and other factors. Immediate gathering of and victims have been interviewed and physical evidence has
information enables the investigator to prepare for been located and evaluated.
interrogation of suspects.

Where (location)

At a place convenient and familiar to the subject; or in The police station is best since it enables the officer to
a neutral setting. The subject's home, place of control completely the security of the subject as well as other
business, or any other place where privacy is assured, factors that might tend to be distracting.
is preferred.

How (method)

Low pressure, informal atmosphere is preferred to Basically, the same method as with interviews but the
allow the subject to tell in narrative style what he or atmosphere is more formal and the officer works toward a
she has to offer. Specific questions should be used to more specific purpose.
gather more detail and to jog the witness's memory.

(From the Criminal Justice Training Council, Vermont 1987)

2-30.14
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: JUVENILE PROCEDURES NUMBER: 2-31
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.04.01-04.04

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Custody; of juveniles Juveniles;


Fingerprints; of juveniles handling of (general)
Incorrigible juvenile: see Status offenses handling of (informal)
Information; confidentiality procedures for handling crimes
Juveniles; committed by
Escapees Questioning; see Interrogations
handling of (formal) Runaways; see Status offenses
Status offenses
Summonses; of juveniles
Transportation (of juveniles)
Truant; see Status offenses

I. POLICY:

The Lawrenceville Police Department is committed to the development and


perpetuation of programs designed to prevent and control juvenile delinquency. The
department's interests concerning juvenile offenders reflect those of the community: to
prevent and control juvenile delinquency. The department expects officers to handle

2-31.1
juveniles consistent with common sense and the dictates of state law. The department's
policy includes the identification, apprehension, and conviction of juveniles charged with
crimes. The best interests of juveniles and the community, however, dictate a limited
application of our arrest powers against juveniles who are charged with status offenses.
Accordingly, officers may handle errant juveniles informally, particularly status offenders,
those in need of protection, and those suspected of committing minor criminal offenses.
The authority to carry out the provisions of this order derive from Virginia Code Sections
16.1-246, 16.1-247, and 16.1-299. In case of minor or status offenses, officers should
divert juveniles from the formal criminal justice process, and instead choose community
referral.

II. PURPOSE:

To establish guidelines and procedures for handling juveniles who are in need of
protection, in violation of status offenses, and those charged with criminal offenses.

III. DEFINITIONS

Child, Juvenile, Minor: A person who is less than eighteen years of age.

Status Offender: A juvenile who commits an act which is unlawful only if committed by a
juvenile, i.e., (1) a juvenile who is subject to compulsory school attendance but is habitually
absent without justification (truant); (2) a juvenile who is habitually disobedient to the
lawful commands of parents or other responsible persons (incorrigible); (3) a juvenile who
remains away from or who habitually deserts or abandons the family (runaway).

Delinquent Acts: Acts designated as a violation of a law of the Commonwealth of Virginia


or an ordinance of any city, county, town or federal law, but not to include status offenses.

Delinquent Child: A child who has committed a delinquent act or an adult who had
committed a delinquent act prior to his/her 18th birthday.

Intake Officer: A juvenile probation officer who is designated by law as having the quasi-
judicial authority to decide probable cause, divert or petition the court and leave a detention
or shelter care order.

Juvenile Court: The name by which the Juvenile and Domestic Relations District Court is
often called. This court is responsible for the judicial processing of juvenile offenders, and
the determination of abuse and neglect cases. As a result, the judge of this court decides the
propriety and legality of police handling of juveniles.

All juvenile offenses occurring in Lawrenceville are heard in the District Juvenile and
Domestic Relations Court located at Albertis S. Harrison Courthouse. Officers are expected
to appear to prosecute their cases.

2-31.2
Person Acting for a Parent: A teacher, relative over the age of eighteen, or any adult willing
to accept the responsibility for the juvenile.

IV. PROCEDURES - GENERAL:

A. Overview.

1. All members of the department shall cooperate with juvenile justice and
support activities. Department policies regarding juvenile operations shall
be provided to local juvenile court personnel for their review and comments
and suggestions as to ways our procedures can be improved.

2. All department personnel must thoroughly understand and practice the


provisions of this order.

3. School resource officers provide the community, as well as the schools, with
a resource to help prevent delinquency. Through daily interaction with
parents, teachers, and students the school resource office can explain law
enforcement’s role both in an informal one on one setting, or though the
presentation of talks, or programs geared to reducing delinquency.

B. Handling of juvenile offenders - general.

1. A juvenile offender shall be handled with firmness and respect: this sets the
tone for the entire processing of the juvenile's case. The contact a juvenile
has with the police is his or her first impression of society's enforcement
system. The police officer's proper handling may prevent the recurrence of
anti-social behavior. A police officer's warning is often all that is required to
keep the juvenile from having to appear in juvenile court. Improper
handling often creates the mistaken but lasting impression that all police
officers and other government officials are unfair, untrustworthy, and
inflexible, and may result in the juvenile's complete rejection of lawful
authority.

2. The juvenile justice system and laws are designed to give the child a chance
to mature without bearing the stigma of a criminal record. The juvenile
justice system emphasizes confidentiality of records and the privacy of an
adjudicatory hearing. Terms such as "take into custody" and "not innocent"
substitute for "arrest" and "guilty" to avoid giving the juvenile's behavior a
criminal label. Where appropriate, officers shall reasonably try to keep
juveniles out of the criminal justice system.

2-31.3
C. Guidelines for informal or formal handling:

1. The officer may handle a juvenile either informally or formally. Informal


handling is managing a situation by releasing the juvenile under warning to a
parent or guardian. This requires either the parent picking up the child or
the officer taking the child home and informing the parents of the alleged
offense. Formal handling occurs when the juvenile is brought before the
juvenile court or an intake officer for further processing and deciding the
proper disposition.

2. In making the decision to handle either informally or formally, the officer


shall consider the following:

a. seriousness of offenses;

b. prior record of child;

c. age of youth;

d. cooperation and attitude of all parties (child, parent, victim) and the
possibility of the offense being repeated;

e. degree of wrongful intent, violence, premeditation, knowledge of


violation;

f. likelihood that the child or parent can be successful referred to a


helping agency.

Broadly speaking, two alternatives exist for handling juveniles:

D. Informal handling:

1. Informal handling includes the officer's use of the following measures.

a. Warning and releasing to a parent or guardian.

b. Requiring the parents to pick up the juvenile.

c. Taking the youth home and informing the parents of the reasons for
his being picked up.

d. Referring the family to a community social service agency.

2-31.4
e. When handling the juvenile informally, the police officer must
ensure that the parents are notified.

2. Notes on informal handling:

a. When handling informally, the officer shall complete a police


information report. This provides the department and juvenile court
with a means of charting the juvenile's behavior patterns.

b. A juvenile's right of privacy must be respected. Guidelines for


discussions of this type of case should be strictly observed, and
information gained should be provided to others only on a "need to
know" basis.

c. When the police officer encounters a victim/complainant who


demands to bring a child before the juvenile court, and the officer
wishes the matter handled informally, the officer shall contact the
intake officer for assistance.

d. When he or she is being handled informally, the juvenile has all the
constitutional rights that an adult would have in the same situation.

e. If officers handle a case informally, they may still follow-up the case
at a later time or, at any time, refer the juvenile and his parents to an
appropriate social service agency.

3. Sample offenses for informal handling:

Generally, first instances of the following types of offenses shall be handled


informally; however, the list is not complete and officers' good judgment is
important.

a. Runaways.

b. Annoying telephone calls.

c. Creating a nuisance.

d. Possession of Tobacco

e. Curfew violation and other status offenses. See West Point Code of
Ordinances Art. III, Sec. 38, for more on local juvenile curfew.
(more specific discussion of status offenses follows).

2-31.5
4. Philosophy of informal handling.

When handling a case informally, the officer shall keep in mind that the
objective of the juvenile justice system is to rehabilitate rather than punish.
Keeping the child in the patrol car discussing the case for an inordinate
length of time will appear to the juvenile to be punishment, and might be
unconstitutional or illegal. Officers shall decide without delay whether
formal or informal handling is in order, then apply the appropriate
guidelines of this order.

E. Formal handling:

1. Formal handling occurs when the juvenile is taken before the juvenile court
or intake officer for their decision on the proper disposition.

2. Generally, the following situations require formal handling of the juvenile.

a. Delinquent acts that if committed by an adult would be felonies.

b. Delinquent acts involving weapons.

c. Delinquent acts involving aggravated assaults and batteries.

d. Delinquent acts committed by juveniles under probation or parole or


with a case pending.

e. Delinquent acts that are repeated.

f. Possession of Alcohol

g. Possession of Drugs

h. Trespassing

i. Disorderly Conduct

j. When the police arrive at the scene of domestic violence and


discover a child at risk.

F. Taking juveniles into custody:

No juvenile may be taken into immediate custody except, in accordance with


Virginia Code Section 16.1-246,

2-31.6
1. with a legal detention order, or

2. when the child is alleged to be in need of services, and

a. there is clear and substantial danger to child's life or health; or

b. custody is necessary to insure child's appearance before court; or

3. when, in the presence of the arresting officer, a child commits a crime and
the officer believes custody necessary for protection of public interest; or

4. the officer has probable cause to believe the child has committed an offense
which if done by adult could be felony; or

5. the officer has probable cause to believe the child is an escapee from
Department of Corrections, jail, detention home, court-placed residential
family, or residential treatment facility; or

6. the officer has probable cause to believe the child has either run away from
home or is without adult supervision at night and in circumstances the
officer reasonably concludes that a clear and substantial danger exists to the
child's welfare.

G. Guidelines for taking juvenile into custody.

1. Do not take custody of a juvenile or assume an overly authoritative position


when the purpose can be accomplished by asking appropriate, permissible
questions at the location of contact.

2. When stopped on the street, detain juveniles for the briefest time that will
permit the purpose of the stop to be accomplished. The decision of either
formal or informal handling shall be made in a reasonable time.

3. If it is necessary to take the juvenile into custody, do so with the least


possible embarrassment to the juvenile and his family. For example, when
picking up a juvenile at school, work through the principal's office. Have
the juvenile brought there instead of going to the classroom. If he works, try
to arrange to pick him up before or after working hours. Unless there is
special justification for doing otherwise, don't remove the juvenile from the
home.

4. When the juvenile court offices are open, a juvenile taken into custody shall
be transported to the juvenile intake officer for processing.

2-31.7
5. When the juvenile court is closed, depending upon the circumstances, the
officer may release the juvenile to a parent or guardian. If the officer feels
immediate juvenile court intervention is necessary, the officer shall contact a
magistrate for further guidance.

6. Notification of parents or guardians is required in every case that a juvenile


is taken into custody, to inform them of the circumstances and to pick up the
juvenile.

H. Transportation of juveniles.

Virginia Code 16.1-254 states that no juvenile under age 15 shall be transported or
conveyed in a patrol wagon. No juvenile under 18 shall be transported in the same
vehicle with adults suspected of or charged with criminal acts. (The term "patrol
wagon" as used above means what is commonly referred to in most departments as
"paddy wagon," and is not construed to mean a marked police vehicle.)

I. Legal aspects of confinement of juveniles.

Section 16.1-249 of the Virginia Code (1977) puts certain restrictions on the place
of confinement. No person known or alleged to be under the age of 18 shall be
confined in any jail or other facility with adults. However, a person 15 or older may
be detained in a jail or other facility for the detention of adults if:

1. the jail or lockup is certified to hold juveniles, and;

2. a judge or intake officer decides that a juvenile detention facility is not


secure enough given the nature of the crime; or

3. space in a juvenile detention facility or shelter is unavailable; or

4. the detention home where the juvenile shall be placed is more than 25 miles
from where the juvenile is taken into custody and is in another city or
county. A juvenile detained for this third reason may be kept there for only
18 hours. In addition, a juvenile detained in an adult facility for any of these
reasons has to be in a room entirely separate and removed from adults. A
juvenile need not be immediately charged when a petition is unavailable
because the juvenile court intake office is closed. He may be returned to his
home and release to his parents, with notification to them as to the charges
and the necessity of the parents and juvenile appearing in court upon receipt
of the petition, which can be filed by the arresting officer or the complainant
the following court day.

In the case of a juvenile 15 years or under, when custody is an absolute

2-31.8
necessity and a petition is unavailable, the officer will need to contact a
juvenile intake officer in order to place the juvenile in confinement. This is
accomplished by responding to the Department for juvenile video
conferencing.

Note: This provision does not apply to juveniles previously tried and
convicted as adults.

J. Questioning juveniles.

1. Normally, officers shall contact the parents or guardians of a juvenile before


questioning and the parents will be given an opportunity to understand what
the questioning will cover and to be present during questioning. If this is not
feasible, the officer may go ahead and question anyway, but must very
carefully ensure that all rights of the juvenile are protected.

2. When questioning a juvenile in custody, the same rules and procedures used
for an adult must be followed. Under no circumstances shall the child, any
more than an adult, be compelled to answer questions either by physical
force or psychological pressure or deceptions.

3. No juvenile can be compelled to answer any questions which may tend to


incriminate him. Juveniles are entitled to the full Miranda warnings and
these rights must be explained in the presence of parents, circumstances
permitting, guardian or counsel.

4. When questioning a juvenile, officers shall not prolong the interview beyond
what is needed in order to complete their investigation. Also, the
interrogation shall be handled by one officer if at all possible in order to
lessen the chance of the juvenile feeling intimidated or pressured.

5. Officers are reminded that the rules governing searches, frisks or pat-downs,
reasonable suspicion, and probable cause all apply to juveniles.

K. Written citations/summonses:

An officer may use the Virginia Uniform Summons form, just as for an adult, in the
following situations:

1. violation of the traffic laws;

2. violation of town ordinances establishing curfew violations or animal control


violations;

2-31.9
3. violation of game and fish laws.

L. Fingerprints and photographs of children:

Virginia Code Section 16.1-299 provides that fingerprints and photographs may be
taken and filed under the following circumstances:

1. May be taken of a child fifteen years of age or older who is charged with a
delinquent act which would be a felony if committed by an adult.

2. May be taken of a child thirteen years of age or older who is charged with
the following offenses:

a. malicious wounding;

b. use of a firearm in committing a felony;

c. attempted poisoning;

d. extortion;

e. robbery;

f. rape;

g. arson;

h. murder.

3. May be taken of child regardless of age or offense if he is taken into custody


for and charged with a violation of law, and a law enforcement officer has
determined that there is probable cause to believe that latent fingerprints
found during the investigation of an offense are those of the child.

4. Other physical samples may be taken from a juvenile for identification


purposes only after the officer has conferred with the juvenile court or the
commonwealth's attorney for advice and assistance as to the legalities and
proper procedure for obtaining such samples. Samples include but are not
limited to: hair, blood, urine, nails, breath, stomach contents, handwriting.

M. Dissemination/retention of fingerprints and photographs:

1. The Chief of Police is responsible for the department's compliance with


Virginia Code requirements on dissemination and retention of juvenile

2-31.10
records including fingerprints and photographs.

2. Fingerprint cards and photographs will be destroyed when:

a. no petition is filed against a juvenile whose fingerprints or


photographs have been taken in connection with an alleged violation
of law;

b. a juvenile is found not guilty by juvenile court or circuit court of a


charge of delinquency;

c. a juvenile less than thirteen years of age and under who is found
guilty of a delinquent act.

3. Fingerprint cards and photographs may be retained when the court finds that
a juvenile thirteen years of age or older has committed a delinquent act.

4. Fingerprints and photographs may be retained and copies sent to CCRE


when:

a. A juvenile fifteen years of age or older is certified to the circuit court


and is found guilty as an adult of the offense charge.

b. A juvenile thirteen years of age or older is found guilty of malicious


wounding (18.2-52), use of a firearm in committing a felony (18.2-
53.1), attempted poisoning through (18.2-88), or murder in a
juvenile court and is adjudicated delinquent.

5. Juvenile fingerprint cards and photographs, authorized for retention, will be


separately and securely maintained. Access to these records will be
restricted to official use, and may be viewed by the public only on the
authorization of a court order.

N. Confidentiality of records/release of information:

1. Virginia Code Section 16.1-301 requires that all law enforcement agencies
take special precautions to ensure that law enforcement records concerning a
child are protected against disclosure to any unauthorized person.

2. Officers may release, upon request to one another and to other local state or
federal law enforcement officers, current information on juvenile arrests
limited to name, address, physical description, date of arrest, and charge.
Such information may only be used for current investigations.

2-31.11
3. For release of juvenile information to the media, see RR 1-13, Media
Relations.

4. The Chief of Police, or his designee, will ensure that noncriminal records of
juveniles are destroyed annually.

V. PROCEDURES - SPECIFIC RESPONSIBILITIES

A. Specific responsibilities of departmental personnel.

1. The officer shall:

a. notify the juvenile's parent or person acting for a parent of the


specific acts which brings the juvenile to the attention of the police;
and

b. contact the intake officer at the court when appropriate; and

c. contact his or her immediate supervisor when it is discovered that a


detained juvenile is definitely innocent, or that no crime has actually
been committed; and

d. complete all required paperwork with comprehensive information on


the child, parents, complainant, and witnesses.

2. The supervisor shall:

a. review and approve all paperwork by the arresting officer;

b. immediately contact the intake officer (if the arresting officer or the
supervisor determines that the juvenile in custody is innocent), relate
the facts of the case, and request a decision whether to release or
detain if charges are pending.

B. Child protection.

When probable cause exists that a juvenile is without adult supervision at such hours
of the night and under circumstances that the officer concludes that a clear and
substantial danger to the juvenile's welfare exists, the officer shall:

1. take the child into immediate custody; and

2-31.12
2. notify the intake officer of the juvenile court, who will decide if a petition
should be filed. If the intake officer decides that a petition should not be
filed, the officer shall:

a. return the child to his/her home; and

b. release child to parent, guardian, legal custodian or other person


acting for a parent; or

c. release the child.

3. The officer shall complete an offense/incident report on the matter.

VI. STATUS OFFENSES

A. Runaways will be investigated as follows:

Police officers taking a report of a runaway child shall:

1. have the parent and/or guardian ensure that the information is accurate,
particularly for verification that the birth date and physical description of the
child are as they stated; and

2. complete an incident report on the matter; and

3. broadcast a lookout for the runaway juvenile.

4. Contact the local runaway shelter (if any) to locate the child.

5. The supervisor shall review the completed report and ensure entry of
appropriate information in VCIN and NCIC.

B. Taking runaway into custody.

When probable cause exists that a juvenile has run away from home, the officer
shall:

1. Local

a. take the child into custody; and

b. verify runaway youth status; and

c. notify the intake officer of the juvenile court of the action taken, who

2-31.13
will then determine whether to:

(1) place the child in a youth shelter;

(2) refer to the Department of Social Services; or

(3) release the juvenile to a parent, guardian, legal custodian or


other person acting for a parent; or

(4) release the juvenile, and

(5) complete a Virginia Missing Children Information


Clearinghouse Report.

In any event, officers shall complete incident reports for any runways taken
into custody.

2. Out-of-town

a. Take the child into custody and verify runaway status with the
teletype from the other jurisdiction. If a detention order is on file,
follow the instructions for serving a detention order as discussed
below and;

c. notify the intake officer of the juvenile court of the action taken; the
intake officer will then determine what the next step will be. The
officer shall:

(1) follow the intake officer's instructions for detention or child


placement; and

(2) notify parents that the child is in custody and if the child is to
be released and the parents cannot respond within a
reasonable period of time, then

(3) contact a runaway house for space available.

C. Truant.

1. When custody occurs because a juvenile is a reported truant by school


officials, or an officer reasonably determines because of the child's age and
circumstance that a juvenile is a reported truant, the juvenile shall be taken
into custody and delivered to the appropriate school personnel and released.

2-31.14
2. The officer shall complete a field interview which includes the name of the
person notifying the parent of the truancy and the name of the person to
whom the juvenile was released.

D. Incorrigible.

1. Juveniles who are in violation of the status offense of incorrigible generally


are handled through the Juvenile and Domestic Relations Court.

2. If the officer receives a call from a parent where no crime has been
committed but a child has been disobedient to the parent or guardian, the
officer shall immediately contact the intake officer for guidance.

VII. CRIMINAL OFFENSES/DELINQUENT ACTS:

A. Interrogations.

Follow the provisions of Section IV. J. above.

B. Warnings/petitions.

1. Officers have the statutory authority (16.1-246) to arrest a juvenile on


probable cause without a warrant or petition in felony cases.

2. A warning may be issued in all cases where a juvenile has committed an act
which, if the committed by an adult, would be a Class 3, or 4 misdemeanor.

3. Use of the warning is prohibited when:

a. the complainant or victim is committed to proceeding with


prosecution, or

b. The juvenile is known to have been warned or arrested in the


preceding year for an act which, if committed by an adult, would be
a crime.

4. A complaint shall be made in all cases in which a juvenile is taken into


custody for an act which, if committed by an adult, would be a Class 1
misdemeanor or a felony; except a warrant shall be sought under the
following conditions:

a. The intake officer of the juvenile court refuses to issue a petition


sought for a Class 1 Misdemeanor or a felony. In such cases, the
arresting officer or complainant may appeal the refusal to the

2-31.15
magistrate, provided the arresting officer continues to believe the
charge initially sought should be made. The officer shall include,
with the material presented to the magistrate, written notice of the
refusal from the intake officer. There is no appeal from an intake
officer's refusal for Class 3, or 4 misdemeanors. (16.1-260e)

A commonwealth attorney’s finding is final. If a warrant is issued, it shall


be returned to the juvenile court as a petition.

C. Immediate custody.

1. Juveniles may be taken into immediate custody:

a. according to the provisions of IV. F. above; or

b. when a juvenile has committed a misdemeanor offense involving


shoplifting in violation of Section 18.2-103 and, although the offense
was not committed in the presence of the officer who makes the
arrest;

c. when the arrest is based on probable cause on reasonable complaint


of a person who observed the alleged offense (see GO 2-4); or

d. when there is probable cause to believe that a juvenile has committed


an offense which would be felony if committed by an adult; or

e. when a detention order or warrant is known to be on file in this or


another jurisdiction.

2. Notification of parents.

a. Such notification shall be made by telephone or in person, as soon as


reasonably possible after the juvenile is taken into custody.

3. Warnings.

Officers who release juveniles after issuance of a warning shall complete a


field interview card. On it, the officer will give a complete clothing
description and all details relating to the facts surrounding the contact.

D. Release or detention of juveniles charged with delinquent acts:

1. Officers shall whenever possible release a juvenile to a parent or person


acting for a parent, who, (1) is available and willing to provide supervision

2-31.16
and care; and (2) promises to bring the juvenile before the court when
requested. However, the arresting officer shall seek from the court to detain
a juvenile whenever:

a. the child is alleged to have committed an act which would be a


felony or Class 1 misdemeanor if committed by an adult and at least
one of the following conditions are met:

(1) the release of the child constitutes an unreasonable danger to


the person or property of others; or

(2) the release of the child would present a clear and substantial
threat of serious harm to such child's life or health; or

(3) the child has threatened to abscond from the court's


jurisdiction during the proceedings or has a record of willful
failure to appear at a court hearing within the immediately
preceding twelve months; or

(4) the child has fled from a detention home or facility operated
by the Department of Corrections; or

(5) the child is a fugitive from another state where there is an


outstanding detention order or warrant; or

(6) the child has failed to appear for a court hearing on a


delinquent act.

b. The officer will inform the intake officer of arrests in cases of all
felonies and Class 1 misdemeanors and whether a parent or
custodian of the juvenile has been notified of the arrest.

E. Service of warrants, detention orders or temporary detention orders:

1. Warrants/detention orders/ temporary detention orders shall be served on


juveniles in the same manner as adults except that:

a. when the juvenile court is in session:

(1) officers who arrest juveniles at the request of the court on a


detention order shall advise the intake officer by phone of the
arrest of the juvenile;

(2) the intake officer will instruct the officer on whether to bring

2-31.17
the child directly to the court or the detention home in the
most expeditious manner possible;

(3) a parent or other person acting with parental authority will be


given notice by the arresting officer of the action taken and
the reason for taking the juvenile into custody;

(4) the officer will inform the intake officer whether the parent
or guardian was notified of the juvenile's arrest;

(5) the officer shall complete an offense report;

(6) officers shall file the original copy of the executed detention
order with the clerk of the Juvenile and Domestic Relations
Court on the same day it is executed. Officers shall see that
the detainee is served with a copy of the detention order.

b. When the juvenile court is not in session:

(1) follow procedures as above except omit Step 5, and the


intake officer will advise where to place the juvenile; and

(2) ensure that the paperwork is available to court personnel the


next working day.

F. Handling of escapees.

1. Immediate custody of escapees:

a. Juveniles who are escapees from jail, a detention home, or other


institution in which they were placed by order of juvenile court,
Child Protection Services or other licensed child welfare agency may
be taken into immediate custody when:

(1) there is a detention order or warrant known to be on file in


this or another jurisdiction; or

(2) an officer has probable cause to believe that a juvenile has


escaped or run away from jail; detention home, residential
child care facility or home in which they were placed by the
court, the Department of Social Services, or a licensed child
welfare agency.

2. Return or placement of escapees:

2-31.18
a. Whether juvenile court is open or closed, the juvenile may be
returned and released to the facility from which the juvenile escaped
or fled.

b. When court is open or closed and the juvenile is not released to the
facility from which the juvenile escaped or fled, the officer shall
contact the intake officer of the court who will determine where the
juvenile will be placed.

3. Reporting requirements:

a. The officer shall complete an offense report with applicable


supplements.

b. When a locally-placed juvenile runs away from an unsecured group


home, no matter where that home is located, the officer shall:

(1) take an offense report for a missing juvenile (runaway); and

(2) complete a Virginia Missing Children Information


Clearinghouse Report. The adult reporting the juvenile
missing will sign the report.

c. When an out-of-town-placed juvenile has either escaped from the


detention home or run away from a local group home, the officer
shall:

(1) notify the administrator reporting the missing juvenile to


contact the jurisdiction which placed the juvenile in the
facility to make the original report; and

(2) complete an offense report including a suspect description.

d. When an escaped juvenile or one that has run away from a group
home is apprehended, the officer shall:

(1) if a locally-placed juvenile, complete a supplement to the


original report to be booked. (In most cases the juvenile
court will have filed already a detention order on the
juvenile.)

(2) If an out-of-town juvenile from an out-of-town facility,


complete an original offense report including a suspect

2-31.19
description.

(3) If an out-of-town-placed juvenile escaped or ran away from a


local facility, supplement the offense report and notify the
jurisdiction that placed the juvenile of the apprehension.

(Officers will initiate a search and broadcast a lookout for any juvenile reported
missing or escaped from a local facility.)

G. Interviewing of detained juveniles.

Officers wishing to interview or question juveniles held in detention must:

1. inform the juvenile's parent or guardian and the attorney, if any, that an
interview will be requested; and

2. request permission of the Juvenile and Domestic Relations Court to conduct


the interview; and

3. arrange the interview, if approved, consistent with detention home rules and
regulations; and

4. provide a copy of the court's approval to the detention home; and

5. before the interview, inform the juvenile of his/her legal rights.

2-31.20
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: CHILD ABUSE / NEGLECT NUMBER: 2-32
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_____________________________________
Chief of Police
VLEPSC STANDARDS: OPR.04.03

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Child abuse
Child neglect
Interviewing (children)
Investigator responsibilities (re: child abuse/neglect)
Patrol responsibilities (re: child abuse/neglect)

I. POLICY:

It is the policy of the department to protect and ensure the safety and welfare of the
children in this jurisdiction. All police officers must be knowledgeable about child abuse
and neglect, their effect on children, and help the children who become victimized.
Coordination with other criminal justice and social service agencies is a necessity. Initial
responsibility for investigation of such cases lies with the police department. Law
enforcement must assume leadership in the prevention of child victimization and in the
prosecution of offenders.

2-32.1
II. PURPOSE:

To establish guidelines for investigating crimes in which the victims are children.

III. PROCEDURES

A. General responsibilities:

1. "Child" refers to any person under the age of 18 years.

2. Department personnel shall be aware of local social service agencies for


cases involving child victims. Officers shall know how and when to contact
agency representatives, especially Child Protective Services (CPS) and
Juvenile and Domestic Relations Court.

a. CPS/Social Services: (434) 848-2142

In circumstances involving no imminent danger to a child, a police


officer shall record complainant's name, address, telephone number,
and pertinent information concerning the alleged abuse or neglect
and transmit this information immediately to CPS, and they shall
jointly determine the proper course of action.

b. Juvenile and Domestic Relations Court: (434) 848-2315

If the officer finds a child in a situation which presents an imminent


danger to the child's health or life, the officer may take the child into
custody without parental permission if a court order is not
immediately available form the court (VA Code 63.2-1517).
Otherwise, the court may grant the police officer an emergency
removal order (VA Code 16.1-251), and a hearing shall be held as
soon as practicable, but not later than 5 days (VA Code 16.1-251).

3. Department personnel shall be trained and knowledgeable about child abuse


and neglect, its effects on children, and how to identify it. (See Appendix 1
to this order.)

4. All personnel interacting with child victims shall use appropriate


communication skills. (See Appendices to GO 2-30)

5. The protection of all children is vital to the well-being of the community.

6. All officers shall know the sections of the Virginia Code that pertain to
crimes most commonly committed against children:

2-32.2
a. child abuse--VA Code 63.2-100
b. child neglect--VA Code 18.2-371-1, 18.2-371, 18.2-314
c. sexual exploitation of children (rape) VA Code 18.2-371.1, 18.2-61
d. child abduction/kidnapping--VA Code 18.2-47-49

7. The department shall work with local schools and agencies to educate
children to identify and prevent their own victimization and to provide
community awareness.

B. Patrol responsibilities:

1. Arrival at scene: Obtain all pertinent information from the dispatcher.

2. Initial contact:

a. If the patrol officer suspects child abuse, he or she shall explain the
police role in ensuring the health and safety of the child.

b. If entry to the home is refused and the officer feels entry is


necessary, he/she may gain entry in one of several ways.

(1) In a non-emergency, obtain a court order or a search warrant


from a magistrate or juvenile court judge (VA Code 16.1-
246).

(2) In an emergency, forced entry without a warrant is legal


when there is probable cause that a child is in danger.

c. The officer shall immediately ensure the safety of the child.


Summon an ambulance or administer First Aid, if necessary.
Reassure the child that he or she is safe now and that the child has
done nothing wrong.

3. Transport the child victim to a safe place, if necessary. This may include a
local, court- approved juvenile shelter. (See Victim Services, GO 2-30, re:
transportation of crime victims).

4. If the child is a victim of sexual assault, refer to sexual assault procedures


(GO 2-33).

5. Interviewing the victim.

a. Child victims require special treatment. To minimize the number of

2-32.3
times the child will have to tell his story, coordinate with other
agencies (example: CPS, the courts) before interviewing. If the child
is the victim of possible parental abuse, some strategies to consider
include the following.

(1) The child's age--he may be too young to interview (a child's


capacity to deal with information differs from an adult's).

(2) Interviewing the child may deteriorate even further the


parent-child relationship.

(3) Observe and note child's reactions during the initial contact.

(4) Interviewing the victim of child sexual abuse requires


particular skills (see sexual assault, GO 2-33).

(5) Usually the parents should not be present during the


interview of the child (the child may be afraid to tell the
truth).

(6) The officer must be sensitive to the emotional stress of the


child due to the interview itself (some children may not even
understand that the behavior of the parents has been abusive
or neglectful).

(7) Inform the child of the parents' awareness of the interview.

(8) The officer shall not appear to be taking sides against the
parents. Children will generally become defensive if
someone criticizes their parents, even if they agree.

(9) The interview shall be conducted in language the child


understands.

(10) The interview shall always include what will happen next
and how the officer will use the child's information.

(11) Provide reassurances to an anxious child victim by


expressing belief in the child's story and an understanding of
the child's dilemma.

b. Allow a supportive person to be present during the interview for a


child's emotional comfort (e.g., non-abusive parent or child
advocate).

2-32.4
c. At the beginning of the interview, the officer shall attempt to gain
the child's confidence. The officer shall introduce himself or herself
to the child, give the purpose of his or her presence, and attempt to
conduct the interview on an informal, friendly basis with the child.
If the interview is tape-recorded, allow the child to test his or her
voice before it begins.

d. The officer must try to determine the emotional state of the child. Is
the child ready to tell the truth and to talk about the incident? If not,
delay the interview to a more appropriate time.

e. Encourage young child victims to be active (play with a toy, draw a


picture, hold a stuffed animal) during the interview. This will relax
the child and allow for a more thorough interview.

f. If the officer decides that the child is in need of supervision he


cannot or is not getting in the home, the officer shall so inform the
Child Protective Services. In deciding whether protective custody is
needed, the officer shall be guided by:

(1) the maltreatment in the home, present or potential;

(2) evidence of abuse, torture, or neglect by the parent;

(3) the parents' refusal to obtain needed medical or psychological


care of the child;

(4) parental anger and discomfort by the officer's investigative


efforts which are directed toward the child;

(5) evidence that the parents cannot provide for the child's basic
needs;

(6) there is a history of prior offenses/allegations in which the


child is the victim.

g. See Victim Services, interviewing the victim procedures (GO 2-30).

6. Interviewing witnesses (including the parents/guardians).

a. Create an atmosphere of support and understanding. Remain non-


judgmental until all the facts are known.

2-32.5
b. The officer must communicate in a friendly manner and allow the
adults to express their anger and fears concerning the incident.

c. Assess resistance to the interview. It may be in the form of denial,


uncooperative attitude or explanations of how uncontrollable the
child is.

d. If the officer prepares to interview the suspect, he shall give Miranda


warnings in accordance with GO 2-1.7.

e. If parental child abuse is suspected, interview each parent separately


and be alert to any apparent vagueness or inconsistencies in the
explanations each gives for the allegation. Parents shall be told the
reason for the interview and be treated with respect.

f. Witnesses may be reluctant to discuss a family with an officer (due


to fear of retaliation or because of breaking confidentiality). Officers
shall explain the use of any information provided and that efforts
will be made to maintain the identity of witnesses in confidence.

g. See Victim Services, interviewing witnesses procedures and


appendices, GO 2-30.

7. See Victim Services, GO 2-30, patrol responsibilities, regarding procedures


for:
crime scene preservation;
completing the crime report;
property control;
media relations.

C. Investigator responsibilities:

1. Child victims have little power and depend on police officers and social
service agencies to take action in whatever way is needed to lessen their
victimization. The investigator shall determine whether or not criminal
prosecution is the best means to achieve that end.

2. The investigator shall place a high priority on coordinating and


communicating with social service agencies involved in the child victim's
case (e.g., CPS, Juvenile and Domestic Relations Court, court-appointed
guardian, or child advocate).

3. Either the investigator or the officer must make an oral report of child
abuse/neglect to the Department of Social Services. A copy of the offense

2-32.6
report must be sent to Social Services.

a. In severe cases of abuse, the officer shall ask the dispatcher to


contact Social Services so that a case-worker can respond.

Appendix 1

Child Abuse and Neglect Guidelines


(From The Police Perspective in Child Abuse and Neglect, IACP, Gaithersburg, Maryland, 1977.)

ABUSE INDICATORS

Recognizing Physical Abuse:


Injuries on several surface areas of the body
Injuries in various stages of healing
Complications arising from old injuries
Nonaccidental bruising patterns
The shape of an instrument imprinted on the skin
Cigar/cigarette burns

When the Parent:


Presents an explanation of the injury inconsistent with appearance of the injury
Is evasive or vague
Presents a contradictory history
Gives a history of repeated injury
Is reluctant to give information
Projects cause of injury onto a sibling/third party
Oral threats against the child
Is psychotic or psychopathic
Personally misusing drugs/alcohol

When the Child:


Has an unexplained injury
Is unusually fearful, non-spontaneous, refuses to speak in front of parents
Overly eager to please adults
Shows evidence of overall poor health

NEGLECT INDICATORS

Living Conditions:
Consider the child's complete environment
Avoid associating low income as synonymous with neglect

2-32.7
Burned-out or condemned building (unsafe housing)
Unsanitary conditions--human and animal waste on floors
Lack of heat in hours during winter months
Danger of fire from open heating units
Children sleeping on cold floors or dirty/wet beds
Infestation of rodents (rats/mice)

HEALTH HAZARDS

Malnutrition--underweight and small in stature


Undernourishment with poor living conditions
Lack of food in the house for children
Lack of medical care provided for children
Emotional damage from poor conditions, verbal abuse

2-32.8
Physical and Behavioral Indicators of Abuse and Neglect
(From The Role of Law Enforcement in the Prevention and Treatment of Child Abuse and Neglect,
U.S. Dept. of Health and Human Services.)

TYPE OF ABUSE PHYSICAL INDICATORS BEHAVIORAL INDICATORS

PHYSICAL Unexplained Bruises and Welts: Wary of adult contacts


ABUSE - on face, lips, mouth
- on torso, back, buttocks, thighs Apprehensive when other children cry
- in various stages of healing
- clustered, forming regular patterns Behavioral extremes:
- reflecting shape of article used to inflict (electric cord, belt buckle) - aggressiveness, or
- on several different surface areas - withdrawal
- regularly appear after absence, weekend or vacation
Frightened of parents
Unexplained Burns:
- cigar, cigarette burns, especially on soles, palms, back or buttocks Afraid to go home
- immersion burns (sock-like, glove-like, doughnut shaped on
buttocks or genitalia) Reports injury by parents
- patterned like electric burner, iron, etc.
- rope burns on arms, legs, neck or torso

Unexplained Fractures:
- to skull, nose, facial structure
- in various stages of healing
- multiple or spiral fractures

Unexplained Lacerations or Abrasions:


- to mouth, lips, gums, eyes
- to external genitalia

PHYSICAL Consistent hunger, poor hygiene, Inappropriate dress Begging, stealing food
NEGLECT
Consistent lack of supervision, especially in dangerous activities or Extended stays at school (early arrival and late
long periods departure)

Unattended physical problems or medical needs Constant fatigue, listlessness or falling asleep in
class
Abandonment
Alcohol or drug abuse

Delinquency (e.g. thefts)

States there is no caretaker

2-32.9
SEXUAL ABUSE Difficulty in walking or sitting Unwilling to change for gym or participate in
physical Education class
Torn, stained or bloody underclothing
Pain or itching in genital area Withdrawal, fantasy or infantile behavior

Bruises or bleeding in external genitalia, vaginal or anal areas Bizarre, sophisticated, or unusual sexual behavior or
knowledge
Venereal disease, especially in pre-teens
Poor peer relationships
Pregnancy
Delinquent or run away

Reports sexual assault by caretaker

EMOTIONAL Speech disorders Habit disorders (sucking, biting, rocking, etc.)


MALTREATMENT
Lags in physical development Conduct disorders (antisocial, destructive, etc.)

Failure-to-thrive Neurotic traits (sleep disorders, inhibition of play)

Psychoneurotic Reactions (hysterias, obsession,


compulsion, phobias, hypochondria)

Behavior extremes:
- compliant, passive
- aggressive, demanding

Overly adaptive behavior:


- inappropriately adult
- inappropriately infant

Developmental lags (mental, emotional)

Attempted suicide

2-32.10
Suspected Child Abuse/Neglect Report Form

Date of report ______________________ Report taken by _____________

Child's name ______________________________ Age _____ Sex ______


Address____________________________________________________________

Child's present location


___________________________________________________________________

Parent's(s') name(s) _______________________________________________


Address____________________________________________________________

Reporter's name and relationship __________________________________


Address and telephone number ______________________________________________________
_______________________________________________________________________________

Person alleged responsible for abuse/neglect ______________________


Address___________________________________________________________

Nature and extent of the suspected abuse/neglect ________________________________________


_______________________________________________________________________________

Physical injuries observed/reported ___________________________________________________


_______________________________________________________________________________

Reported cause of injuries __________________________________________________________


_______________________________________________________________________________

Behavioral indicators observed/reported _______________________________________________


_______________________________________________________________________________

Other indicators observed/reported ___________________________________________________


_______________________________________________________________________________

Type of reporting source: mandatory, anonymous, permissive

Action taken by reporting source


_____________________________________________________

Possible witness (es) to the incident __________________________________________________


_______________________________________________________________________________

2-32.11
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: SEXUAL ASSAULT NUMBER: 2-33
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_______________________________________
Chief of Police
VLEPSC STANDARDS: OPR.02.01,
OPR.02.03

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Evidence collection (re: sexual assault)


Interviews (of sexual assault victims)
Investigator responsibilities (re: sexual assault)
Patrol responsibilities (re: sexual assault)

I. POLICY:

The department recognizes the fact that sexual assaults (rape, forcible sodomy,
incest, child molestation, exploitation of children, and attempts thereof) are personal violent
crimes that have great psychological or physical effects on the victims. It is the policy of
the department to assist sexual assault victims in a supportive manner, using appropriate
crisis intervention skills (see appendix to GO 2-30). Because of the seriousness of these
offenses and the delicate nature of the investigations involved, it is important for the
department to undertake diligent investigations in order to increase the reporting of these
crimes. Reducing recidivism through the apprehension and prosecution of the assailants is a
department priority.

2-33.1
II. PROCEDURES:

A. General responsibilities:

1. "Sexual assault" means those offenses involving sexual penetration or


contact with any person by force or threat of force, fear, or intimidation, or
any attempts to force sexual penetration or contact on any person.

2. Department personnel shall be aware of community services available


(sexual assault crisis centers/hotlines, mental health centers, medical clinics,
victim assistance program) to victims of sexual assault.

3. Department personnel shall be trained and knowledgeable about sexual


assault investigation and its impact on victims. (See Appendix 1 to this
order.)

4. Department personnel shall use appropriate communication skills when


interacting with sexual assault victims. (See appendix to GO 2-30.)

B. Patrol responsibilities:

1. The patrol officer has certain immediate responsibilities, as follows;

a. The primary concern is the victim's physical well-being. Give


attention to the victim's emergency medical needs. Ensure safety.

b. Preserve the crime scene. Call additional personnel for evidence


recovery.

c. The officer shall be alert to any suspect in the vicinity. Give crime
broadcast, if applicable.

d. The officer shall explain to the victim his or her role and what will
be done at the scene and through follow-up.

2. The patrol officer shall obtain detailed information essential to determine


what offense (or offenses) actually occurred.

Abduction: Code Sections 18.2-47, 48, 49

Assault: Code Sections 18.2-57, 51, 53, 56

Child abuse, neglect: Code Sections 18.2-314, 18.2-371, 18.2-371.1

2-33.2
Conspiracy: Code Sections 18.2-22, 23

Murder: Code Sections 18.2-31, 32

Sexual offenses: Code Sections 18.2-355, 359, 361, 366, 370, 379, 387,
1802-61, 18.2-63, 18.2-67.1, .2, .3, .4

3. Obtain preliminary statements from victim and witnesses. Try to establish a


rapport and get only the needed information. (See appendix to GO 2-30.)

4. The officer shall inform the victim, preferably in writing, of counseling


services available in the area. (Inform the victim that the Division of Crime
Victims' Compensation now pays counseling fees, if needed.) Ask whether
the victim would prefer to have a support person (sexual assault worker,
family member, or friend) present if this has not already been done by
dispatcher.

5. The patrol officer shall arrange for transportation or transport the victim to
the hospital for a sexual assault examination, if appropriate (if the assault
occurred within the last 72 hours). Explain the medical and legal necessity
of this exam. (See appendix 2 to this order.) Inform the victim to take a
change of clothing along. The officer may provide transportation back
home following the exam.

6. See GO 2-13 and Victim Services, GO 2-30, for additional guidance.

C. Investigator responsibilities:

1. The investigator shall obtain a complete report from the patrol officer
assigned to the case.

2. The initial contact with the victim may happen in different ways:

a. At the crime scene: The patrol officer shall protect crime scene and
the investigator shall establish rapport with the victim, transport the
victim to the hospital, and begin the preliminary investigation.

b. At the hospital: Arrange for the collection of evidence needed for


prosecution. Explain sexual assault exam procedures, and establish
rapport for further interviews. The investigator shall not be in the
room during the sexual assault exam but shall have the victim sign a
consent form in order to obtain a copy of the hospital report. (See
appendix 2 to this order.)

2-33.3
c. At the police department: Before interviewing, review the patrol
officer's report and establish rapport with the victim by allowing her
or him to ventilate.

3. The investigator shall be trained in sexual assault procedures.

a. The investigator shall allow the sexual assault crisis worker to be


with the victim as support if the victim desires.

b. If the victim prefers a woman officer, every attempt to provide one


should be made, but if one is not available, the investigator shall
nevertheless encourage the victim's cooperation.

c. Prepare the victim for each phase of the investigation. By explaining


what must be done and the reasons why, the officer will encourage
the victim's cooperation.

4. Follow-up interviews by the investigator.

a. Privacy is a necessity for follow-up interviews. Choose a quiet room


at the department or go to the victim's home. A support person to
aid the victim may be helpful to the investigation. Advise this
person of his or her role and ask the person not to interfere with
questioning.

b. Questions which must be addressed include the following;

(1) Assault circumstances: Where approached? How? Where


occurred? When and why?

(2) Assailant: Name, if known? Color of hair? Clothing?


Height? Weight? Identifying marks?

(3) Multiple assaults?

(4) What happened during the assault? Were weapons used?


Describe them. Were threats made? What were they? Was
there a fight or struggle? Injuries sustained? Drugs/alcohol
involved? Sexual detail--what did he try/obtain? Other
degrading acts? Did he ejaculate? Was there talk? What
was said?

(5) How long was assailant with you?

2-33.4
(6) What was done immediately after attack?

(7) Feelings about prosecuting?

c. At the conclusion of the interview, the investigator shall ask about


any additional assistance needed. (Counseling services are always
recommended.)

d. Encourage the victim to call later with additional details or to ask


questions. Give a number.

e. Interviewing child sexual assault victims requires special guidelines.


See appendices to GO 2-32 and appendix 3 to this order.

5. See GO 2-15 and Victim Services, GO 2-30, Investigator responsibilities,


for additional guidance.

2-33.5
Appendices to General Order 2-33

1. Sexual Assaults/Victim Impact

2. Evidence Collection - Sexual Assaults

3. Interviewing Child Victims

2-33.6
Appendix 1 to General Order 2-33

Sexual Assaults/Victim Impact

Sexual Assault is one of the most frightening crimes that can be committed against a person. It is a
crime of violence. Any forced sexual contact or unwanted sexual touching is a crime, whether
persons are married to each other or not. Indirect assaults include obscene phone calls,
exhibitionism, and indecent exposure. Direct assaults include rape, incest, child molestation,
sodomy, and attempts thereof. The two highest level felony sexual assaults are discussed below.

Incest is a sexual involvement with a blood or step relative. The most frequent offender is the
father and the most frequent victim is the daughter, but other possibilities exist: mother/son,
grandfather/granddaughter, uncle/niece, etc. Coercion is built on trust and love rather than
violence. The offender is often immature with low self-esteem and unsure of his own sexual needs.
The victim doesn't want to be rejected. Incest can range from fondling to full intercourse. The
victim's feelings are very confused because of the relationship with the offender and the
rewards/threats by the offender.

Rape is forced sexual attack against the will of the victim. It may include many different sexual
acts--vaginal, oral, anal intercourse, foreign object intercourse, plus other humiliating acts
(urination by offender, lewd remarks, physical injury). Rapists commonly have low self-esteem,
desire for dominance, frustration and instability. They may be anti-social and violent. Social
pressures many times trigger a rape. Common reactions of victims are shock, embarrassment,
anger, fear, guilt, confusion, and lack of power (control).

These attacks are usually emotionally traumatizing experiences from which it may take months or
years to recover. Initial concerns will be venereal disease, pregnancy and injuries. At first, the
victim will experience confusion, shame, and fear. Later on, the helplessness, worthlessness,
isolation, distrust, anger, fear, and guilt will become strong feelings. Trouble may persist in the
form of inability to express affection, relate sexually, or relate to family members. Crisis
counselors trained to deal with sexual assault can help the victim cope with the assault and find a
resolution to the incident and the inappropriate feelings. An active support system and building
new strengths and relationships are positive factors in post-rape recovery.

2-33.7
Appendix 2 to General Order 2-33

Evidence Collection--Sexual Assaults

General Rules

1. Safeguard crime scene and evidence that is collected.

2. Call a crime scene unit or evidence technician, if available.

3. Use caution not to damage, mark, or contaminate evidence.

4. Initial and date all items seized.

5. Document chain of evidence in report.

6. Place all evidence in appropriate containers, seal and initial.

At the Crime Scene

1. Collect undergarments, clothing, bedding, rugs, or other appropriate items which may
contain semen, blood or be damaged.

2. Collect wash cloths or towels which may have been used.

3. Collect bottles, glasses, or other objects which may contain latent prints.

4. Search scene for foreign objects (buttons, hair, pieces of torn clothing).

5. If crime occurred outdoors, take soil samples from several areas and sketch the location of
each sample taken.

6. If crime occurred in a car, gather sweepings form seats and floors, search floor mats for
stains along with seat covers.

7. If entry was forced into the victim's house, gather samples of broken glass, paint samples,
and note any pry marks.

8. Photograph crime scene.

9. Photograph bite marks, scratch marks, or other signs of brutality or injury to victim. Only
female officers or medical personnel should photograph private sexual areas.

2-33.8
Notes to be Prepared

1. Description of exact location where each piece of evidence was found. [Example: one
white bra, left strap torn, found on the ground in rear yard of (address), 6 feet south of rear
stairs.]

2. Description of victim's appearance and behavior.


Note: bruises or marks, facial discoloration, disarrayed clothing, smeared makeup, hair
disheveled, confused or dazed behavior, bewilderment or disorientation, apparent hysteria
or crying, incoherent speech.

3. Description of victim's clothing. Note locations of torn garments, dirt, stains--blood, semen,
grass.

4. Description of suspect. Physical description as provided by victim with special attention to


items which would not be readily visible if the suspect were clothed: scars, tattoos, moles.

5. Have all signs of trauma or injury, as well as emotional state of the victim, recorded on
hospital record. Be certain that smears are taken from vagina, anus, and mouth of victim.

2-33.9
Appendix 3 to General Order 2-33

INTERVIEWING CHILD VICTIMS

GUIDELINES FOR CRIMINAL JUSTICE SYSTEM PERSONNEL

I. Preparing for Interview.

Before interviewing the child, obtain relevant information from parents/guardian, and if
applicable, Child Protective Services case worker, physician, and/or Sexual Assault
Center/Rape Relief counselor.

A. Explain your role and procedures to above personnel and enlist their cooperation.

B. Determine child's general development status: age, grade, siblings, family


composition, capabilities, ability to write, read, count, ride a bike, tell time,
remember events, any unusual problems, physical, intellectual, behavioral,
knowledge of anatomy and sexual behavior, family terminology for genital areas.

C. Review circumstances of assault (as reported already by child to other person):


what, where, when, by whom, and to whom reported; exact words of child; other
persons told by child; how many have interviewed child; child's reaction to assault;
how child feels about it and what, if any, behavioral signs of distress (nightmares,
withdrawal, regression, acting out) have occurred.

D. Determine what reactions and changes child has been exposed to following
revelation of the assault(s); believing; supportive; blaming; angry; ambivalent;
parents getting a divorce; move to a new home.

II. Beginning the Interview.

A. Setting: The more comfortable for the child, the more information she/he is likely
to share.

1. Flexibility: A child likes to move around the room, explore and touch, sit on
the floor or adult's lap.

2. Activity: Playing or coloring occupy child's physical needs and allows


her/him to talk with less guardedness.

3. Privacy: Interruption, distract an already short attention span, divert focus of


interview, and make self-conscious or apprehensive child withdraw.

4. Support: If the child wishes a parent or other person present, allow it. A

2-33.10
frightened or insecure child will not give a complete statement.

B. Establishing a Relationship.

1. Introduction: Name, brief and simple explanation of role and purpose: "I am
the police officer here to help you. My job is to talk to children about these
things because we want them to stop happening."

2. General exchange: Ask about name (last name), age, grade school and
teacher's name, siblings, family composition, pets, friends, activities, favorite
games/TV shows. (It often helps to share personal information when
appropriate, e.g., children, pets.)

3. Assess level of sophistication and ability to understand concepts: does child


read, write, count, tell time, know colors or shapes; know the day or date:
know birthdate; remember past events (breakfast, yesterday, last year);
understand before and after; know about money; assume responsibilities
(goes around neighborhood alone, stays at home alone, makes dinner, etc.)

III. Obtaining History of Sexual Assault.

A. Preliminaries.

1. Use language appropriate to child's level; be sure child understands words.


(Watch for signs of confusion, blankness or embarrassment, be careful with
the following words: incident; occur; penetration; ejaculation; etc.)

2. Do not ask WHY questions ("Why did you go to the house?" "Why didn't
you tell?") They sound accusatory.

3. Never threaten or try to force a reluctant child to talk. Pressure causes a


child to clam up and may further traumatize him/her.

4. Be aware that the child who has been instructed or threatened not to tell by
the offender (ESPECIALLY if a parent) will be very reluctant and full of
anxiety (you will usually notice a change in the child's affect while talking
about the assault). The fears often need to be allayed.

- "It's not bad to tell what happened."


- "You won't get in trouble."
- "You can help your dad by telling what happened."
- "It wasn't your fault."
- "You're not to blame."

2-33.11
5. Interviewer's affective response should correspond with child's perception of
assault (e.g., don't emphasize jail for the offender if the child has expressed
positive feelings toward him.)

6. Ask direct, simple questions as open-ended as allowed by the child's level of


comprehension and ability to talk about the assault.

B. Statement.

1. WHAT

- "Can you tell me what happened?"


- "I need to know what the man did."
- "Did he ever touch you? Where?"
- "Where did he put his finger?"
- "Have you ever seen him with his clothes off?"
- "Did you ever see his penis (thing, pee pee, weiner) get big?"
- "Did anything ever come out of it?"

Once basic information is elicited, ask specifically about other types of


sexual contact.

- "Did he ever put it into your mouth?"


- "Did he ever make you touch him on his penis?"

2. WHO

Child's response here will probably not be elaborate. Most children know
the offender and can name him, although in some cases the child may not
understand relationship to self or family. Ascertain from other sources what
is the exact nature/extent of the relationship.

3. WHEN

The response to this question will depend on child's ability, how recently
assault happened, lapse between last incident and report, number of assaults
(children will tend to confuse or mix separate incidents). If the child is
under six, information re: time is unlikely to be reliable. An older child can
often narrow down dates and times using recognizable events or associating
assault with other incidents.

- "Was it before your birthday, the weekend, Valentine's Day?"

- "Was it nighttime or daytime?"

2-33.12
- "Did it happen after dinner, cartoons, your brother's bedtime?"

4. WHERE

The assault usually occurs in the child's and/or offender's home. Information
about which room, where other family members were, where child was
before assault may be learned.

5. COERCION

What kind of force, threat, enticement, pressure was used to insure


cooperation and secrecy?

- "Did he tell you not to tell? What did he say?

- "Did he say something bad would happen or you would get in


trouble if you told?"

- "Did the man say it was a secret?"

C. Assessing Credibility and Competency.

1. Does child describe acts or experiences to which s/he would not have
normally been exposed? (Average child is not familiar with erection or
ejaculation until adolescence at the earliest.)

2. Does child describe circumstances and characteristics typical of sexual


assault situation? ("He told me that it was our secret"; "He said I couldn't go
out if I didn't do it"; "He told me it was sex education.")

3. How and under what circumstances did child tell? What were exact words?

4. How many times has child given history and how consistent is it regarding
the basic facts of the assault?

5. How much spontaneous information can child provide? How much


prompting is required?

6. Can child define difference between truth and a lie? (This question is not
actually very useful with young children because they learn this by role but
may not understand the concepts.)

2-33.13
IV. Closing the Interview.

A. Praise/Thank Child for Information/Cooperation.

B. Provide Information.

1. Child: Do not extract promises from a child regarding testifying. Most


children cannot project themselves into an unknown situation and predict
how they will behave. Questions about testifying in court or undue
emphasis on trial will have little meaning and often frightens the child
(causing nightmares and apprehension).

2. Parent: Provide simple, straightforward information about what will happen


next in the criminal justice system and approximately when, the likelihood
of trial, etc.

C. Enlist cooperation: Let them know who to contact for status reports or in an
emergency, express appreciation and understanding for the effort they are making
by reporting and following through on process. Provide Victim/Witness contact
information and let both the parent and child know that Victim/Witness will help
with courtroom tours, court preparation and notification of court dates.

D. Answer questions; solicit responses.

Adapted form information by Chief Fred F. Drenkham, Executive Director of the Cuyahoga
County Police Chiefs Association in Cleveland, Ohio.

2-33.14
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: DOMESTIC VIOLENCE NUMBER: 2-34
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_____________________________________
Chief of Police
VLEPSC STANDARDS: ADM.23.01,
OPR.13.01

NOTE:

This general order is for internal use only and does not enlarge an officer's civil or criminal
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 this department, and then
only in a non-judicial setting.

INDEX WORDS:

Arrests; in domestic disputes


Domestic violence
Firearm; purchase or transport while subject to a protective order
Interviewing (participants of domestic disputes)
Patrol officer's responsibilities (re: domestic violence)
Predominant physical aggressor
Protective orders
Search of premises
Stalking

I. POLICY:

The department assigns domestic or family violence (domestic disturbance) calls a


high priority. The nature and seriousness of crimes committed between family or
household members are not mitigated because of the relationships or living arrangements of
those involved. Therefore, law enforcement must exercise leadership in the community in
responding to domestic violence. An immediate criminal justice response can make a major
difference in the disputants' lives. With all due consideration for their own safety,

2-34.1
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) provide safety and
security for the crime victim(s); and, (4) help participants contact appropriate agencies to
help prevent future occurrences.

II. PROCEDURES--GENERAL:

A. Definitions

1. "Assault": See Code of Virginia 18.2-52 and 18.2-57.2 "Assault and Battery
Against a Family or Household Member," which upon a third or subsequent
conviction of the same or similar offense of any jurisdiction within a ten-
year period shall be treated as a Class 6 felony.

a. A related matter, Code of Virginia 18.2-60 criminalizes the sending


of letters, or electronic communications including, but not limited to
emails, texts, messages on social media, or phone calls to anyone
threatening death or injury (Class 6 felony).

b. A magistrate issuing a warrant for violation of Code of Virginia


18.2-57.2 shall also issue an emergency protective order.

2. "Domestic violence shelters/programs" means services that are provided


(usually 24 hours a day) for women/men and their children who have been
physically or emotionally abused, or who have been threatened with abuse
by their spouses or partners. Services include crisis intervention, counseling,
shelter, escort to court, food, clothing, and transportation.

3. "Family abuse" means any act involving violence, force, or threat not limited
to any forceful detention, which results in bodily injury or places one in
reasonable apprehension of serious bodily injury and which is committed by
a person against such person's family or household member (Code of
Virginia 16.1-228).

4. "Family or Household Member," per Code of Virginia 18.2-57.2, 16.1-228,


and 19.2-81.3, includes:

a. Spouses, whether or not residing in the same home;

b. Former spouses, whether or not residing in the same home;

c. Persons who have a child in common, whether or not they have ever
been married or resided together;

2-34.2
d. Parents, children, stepparents, stepchildren, grandparents, half-
brothers, half-sisters, grandchildren, brothers and sisters, regardless
of whether such persons reside in the same home.

e. Parents-in-law, children-in-law, brothers- and sisters-in-law who


reside in the same home with the suspect;

f. Persons who cohabit or who, within the previous 12 months


cohabited with the suspect, and any children of either who then
resided in the same home as the suspect.

[Warrants against family/household members are heard by Juvenile and


Domestic Relations Court.]

5. "Predominant physical aggressor" (see Code of Virginia 19.2-81.3) is the


party that poses the greatest threat. Officers shall identify a prominent
physical aggressor based on the totality of the circumstances and shall be
based on the following considerations:

a. Who was the first aggressor;

b. The protection of the health and safety of family and household


members.

c. History of violence (prior assault convictions) of the parties


involved, including history of calls for service;

d. Relative severity of injuries inflicted on all parties, plus


consideration whether the injuries were offensive or defensive;

e. Evidence from persons involved in or witnesses to the incident;

f. The likelihood of future injury to any party;

g. Current or previous protection orders filed against either party.

6. "Protective order" is a court order of protection on behalf of an abused


family/household member that restrains the abuser from further acts of
violence, may order the abuser to refrain from further contact, vacate the
residence, relinquish custody of a vehicle, plus other measures (see Code of
Virginia 16.1-279.1). A protective order may be valid up to two years.
Officers must be aware of two types of protective orders:

2-34.3
a. An emergency protective order (see Code of Virginia 16.1-253.4)
may be requested by a law enforcement officer by telephone or in
person (or by an allegedly abused individual in person) from a judge
or a magistrate. The emergency protective order aims to protect the
health or safety of any person. It must be put in writing as soon as
possible by the officer on form DC-626. An emergency protective
order expires 72 hours after issuance. If the expiration of the 72
hour period occurs at a time that the court is not in session, the
emergency protective order shall be extended until 5 p.m. of the next
business day that the court is in session. The officer must serve a
copy of this order on the respondent, and give a copy to the abused
family/household member. The officer must forward the original to
the issuing judge or magistrate for verification, who then files it with
the Juvenile and Domestic Relations Court within five days of
issuance. The dispatcher shall enter the order into VCIN as soon as
possible, which record shall be updated upon service of the order.

b. An abused/family household member may petition for a


preliminary protective order (see Code of Virginia 16.1-253.1)
through the Court Services Unit. After an ex parte hearing and
based on immediate and present danger of family abuse or evidence
sufficient to establish probable cause that family abuse has recently
occurred, the court may issue a preliminary protective order
(protecting the petitioner or his or her family) which is valid pending
a full hearing which is to be held within 15 days of the issuance of
the protective order. Officers shall serve the order as soon as
possible on the abuser and shall specify a date for the full hearing.
The officer shall leave a copy of any order with the abused person.
The dispatcher shall enter the order into VCIN as soon as possible,
which record shall be updated upon service of the order.

c. Any person violating the provisions of a protective order as outlined


in Code of Virginia 16.1-253.2 shall be guilty of a Class 1
misdemeanor.

7. "Purchase or transportation of a firearm by a person subject to protective


orders": Code of Virginia 18.2-308.1:4 prohibits any person subject to a
protective order (as defined in the statutes cited in this order) from
purchasing or transporting a firearm while the order is in effect, punishable
as a Class 1 misdemeanor.

8. "Stalking": Any person who on more than one occasion engages in conduct
directed at another person with the intent to place, or with the knowledge
that the conduct places, that other person or the person's family or household

2-34.4
member in reasonable fear of death, criminal sexual assault, or bodily injury,
shall be guilty of a Class 1 misdemeanor. A third or subsequent conviction
occurring within 5 years is a class 6 felony (Code of Virginia 18.2-60.3).
Note that penalties [see (b) below] apply regardless of jurisdiction where the
previous offenses occur. Further, upon a conviction the court shall impose
an order prohibiting contact between the offender and the victim or victim's
family.

a. Stalking behaviors include following a person to home, work, and


other places, parking outside home or office, threatening notes or
posts on social media, threatening email or texts or threats using
other electronic means and telephone calls, threats.

b. A person who violates Code of Virginia 18.2-60.3 when there is a


protective order in effect is guilty of a Class 1 misdemeanor.

B. General Responsibilities

l. Department personnel shall refer victims of domestic violence to appropriate


community resources (mental health agencies, medical doctors, legal
assistance agencies, victim/witness assistance programs, and domestic
violence shelters/programs). Where possible, officers shall help victims
directly access referral agencies. (See also V.G.5.) Referrals help prevent
future disturbances.

2. Department personnel shall be trained about domestic violence and its


impact. Personnel must be well trained to confront unexpected violence.
Disturbance calls can be dangerous to responding officers. Officers are
encouraged to consult community resources such as the local domestic
violence shelter and the local victim/witness advocacy program.

III. PROCEDURES: PATROL RESPONSIBILITIES

A. Arrival at the Scene

1. Obtain all available information from the dispatcher before arrival.

2. Approaching the scene.

a. When possible, officers should wait for back-up help, discuss a


strategy, and approach the dispute scene in pairs.

2-34.5
b. Avoid the use of sirens and other alarms in the vicinity of the scene.
The assailant might be dangerous and could turn a weapon upon
arriving officers.

c. Observe the location of the dispute before contacting the


complainant. Consider the surroundings. Park the marked car a
short distance away. Each officer should follow a separate approach
to the scene of the dispute, maintaining maximum cover and an
escape route. From this point on, officers should remain within sight
of one another, if possible.

d. Before knocking on the door, listen and look in any nearby window
to obtain additional information about the situation (e.g., layout of
the house, number of people, weapons, evidence of violence or
damage).

e. Officers must be concerned for their own safety as well as the


disputants'. To minimize the possibility of injury, stand to the side
of the door and not in front of windows when knocking. The
unexpected may occur when the door opens.

3. Initial contact with occupant(s).

a. Identify selves as law enforcement officers by name, give an


explanation of your presence, and request entry into the home (when
conditions permit). Ascertain identity of complainant, and ask to see
him or her and any other person at the home.

(1) Officers shall not accept statements from any disputant or


witness that the call was a mistake without investigating
further. Officers shall not leave without interviewing the
complainant.

b. If entry is refused, officers must explain that they must make sure
there are no injured persons inside. If no one responds to knocking,
officers shall try to establish voice contact by shouting for an answer.

c. Refusal of entry or no response to a knock at the door may require a


forced entrance only if officers have a reasonable suspicion that the
safety of people inside may be in jeopardy.

(l) In deciding to make a forced warrantless entry, officers shall


evaluate the following elements:

2-34.6
(a) the degree of urgency involved and the time required
to get a warrant;

(b) the possibility of danger to others, including officers


left to guard the site;

(c) whether the suspected offense involved violence; and

(d) whether officers reasonably believe that persons may


be armed.

(e) notify supervisor.

d. Officers may conduct a search of the premises if consent has been


given to do so. Although a consent search eliminates the need for a
warrant and for probable cause, such consent must be freely and
voluntarily given. If two people have joint ownership or possession
of a place or thing, either one may give a valid consent.

(l) A spouse can consent to the search of premises used jointly


by both husband and wife. This also applies if the man and
woman are unmarried cohabitants. If one of them exercises
sole control over part of the premises, the other cannot give
valid consent to search that part.

(2) If the complainant has asked for law enforcement assistance


in retrieving personal property from his or her residence, the
officer must first determine if the complainant has lawful
authority to do so. If so, the officer shall stand by to preserve
the peace, but may advise the disputants that rights to any
disputed property can only be determined by the courts.

e. Officers may also make a warrantless entry to conduct a search if an


emergency exists. Officers must have a reasonable belief that such
an emergency does exist (example: officers believe that someone,
perhaps children, is in need of emergency assistance).

(l) Officers shall evaluate the following elements when


considering a warrantless entry:

(a) the degree of urgency involved and the time required


to get a warrant;

2-34.7
(b) the possibility of danger to others, including officers
left to guard the site;

(c) whether the suspected offense is serious or involves


violence;

(d) whether officers reasonably believe that persons may


be armed.

(2) Finally, officers are reminded that they have a lawful right to
investigate any situation which they reasonably believe to be
an emergency.

f. Once inside, establish control by:

(l) Inquiring about the nature of the dispute;

(2) Identifying disputants;

(3) Being aware of potential weapons in surroundings;

(4) Determining if persons are in other rooms, whether children


or adults, and the extent of any injuries. These persons
should be separated from the parties involved and kept out of
hearing range so their status as possible witnesses won't be
compromised.

(5) Protecting the victim from further abuse. Separate the victim
from the assailant and arrange for medical attention if victim
is hurt. If the victim appears injured and yet refuses medical
assistance, carefully document any observed injuries, as well
as the refusal of medical treatment. Photograph the victim's
injuries.

(6) Ascertain whether a protective order has been violated.

g. If weapons (whether firearms, knives, or any other object which


could be used as a weapon) are present, secure them away from the
disputants, if practicable, while the disputants are being interviewed.
If officers determine that weapons should be removed from the
premises, contact the field supervisor. Refer to II.A.7 regarding C
Code of Virginia 18.2-308.1:4 which prohibits persons under
protective orders from purchasing or transporting firearms.

2-34.8
4. Transporting family/household members to the hospital, safe shelter, or
magistrate. See Code of Virginia 16.1-253.2 and GO 2-30 (concerning,
transportation services for victims).

a. Officers shall assist victims in obtaining transportation to another


location as they wish or as the circumstances require. If necessary,
officers may transport victims.

b. If a complainant seeks officers' help in entering his or her residence


to obtain personal property, the officers must determine that the
complainant has lawful authority to do so; must advise all parties
that they are accompanying the complainant to obtain items for
immediate personal (or children's) use; that the officers' function is to
maintain order; that any dispute over property is a matter for the
courts to decide.

B. Interviewing all Disputants

1. Ensure safety and privacy by interviewing the victim in a place separate


from the assailant, if identifiable.

2. Critical to the success of the interview is the officer's manner. Officers must
listen, show interest in the disputants and their problem, and remain aware of
nonverbal communications signals (see appendices to GO 2-30).

3. Officers shall attempt a low-key approach in domestic violence cases.


Maintain good eye contact through natural, spontaneous glances. (Fixed
gazes or staring increase fear and hostility.) A relaxed stance and
appropriate facial and head movements demonstrate interest and encourage
the victim to continue speaking.

4. If possible, separate the parties so that they can individually describe the
incident without interruption. (This may help the parties relieve emotional
tension.) Although the disputants may be separated, officers shall remain
within sight and hearing of each other.

5. After the parties have given their statements, the officers should ask about
details for clarification, and summarize the stated accounts (which allow the
parties to point out anything that might be misrepresented).

C. Interviewing the Victim

Ascertain the following information from the victim:

2-34.9
1. What happened;

2. Any injuries, who caused them, and what weapons or objects were used;

3. Relationship to assailant;

4. Any threats made against victim or others;

5. Forced sexual contact against victim's will;

6. Any court cases pending against assailant or any protective orders in effect;

7. Is assailant on probation or parole;

8. Did assailant threaten others, particularly children, damage property, or hurt


pets.

D. Interviewing Witnesses

1. Interview any witnesses to the incident--children, other family members,


neighbors--as soon as possible. See "Gathering Evidence" under section
V.F.8 (witness statements).

2. Remember that witnesses may be experiencing significant emotional crises


that might influence the accuracy of their accounts.

3. If witnesses provide information about prior assaults, document them to help


establish a pattern.

4. Children of disputants should be interviewed with care and kindness. Sit,


kneel, or otherwise be at their level when speaking to them. Signs of trauma
or abuse should be noted.

IV. PROCEDURES: ISSUING AN EMERGENCY PROTECTIVE ORDER

A. If an officer has at least a reasonable belief that family abuse has occurred and there
exists probable danger of further abuse, the officer shall petition a judge or
magistrate to issue an emergency protective order. Officers shall advise the victim
that he or she can request an emergency protective order directly from a magistrate.

B. An officer can petition for an emergency protective order by telephone or in person.

2-34.10
C. The order will be valid until 5:00 p.m. on the next JDR court business day or up to
72 hours after issuance, whichever is later. The officer shall attempt to serve the
order as soon as practicable to the assailant.

D. The officer shall complete form DC-626 and serve a copy to the respondent as soon
as possible. The dispatcher shall enter the relevant information into VCIN as soon
as possible and update the entry upon service of the order.

E. The officer shall submit the original order to the issuing judge or magistrate, provide
a copy to the victim, and attach a copy to the incident report.

V. PROCEDURES: ARRESTS

A. Officers may make an arrest without a warrant if they have probable cause to
believe that a felony has been committed in or out of his or her presence (Code of
Virginia l9.2-81). The Code specifies the misdemeanors for which officers can
arrest for offenses not committed in their presence. Further, the department
promotes a policy of arrest when the elements of an appropriate offense are
present. Officers are reminded that they cannot release the abuser on a summons,
but must take the abuser before a magistrate. See GO 2-4.2 for a discussion of
probable cause to arrest and GO 2-4 for guidelines on arrests.

B. Officers who develop probable cause that a person was the predominant primary
physical aggressor in a violation of Code of Virginia 18.2-57.2 (assault/battery
against a family/household member) or Code of Virginia 16.1-253.2 (violation of a
protective order) shall arrest and take him or her into custody (Code of Virginia
19.2-81.3). (If the "no contact," "no trespass," or "no further abuse" provision of a
protective order is violated, then it is treated as its own Class 1 misdemeanor
offense.)

l. When the safety of the complainant or victim could be compromised by an


arrest, or some other circumstance precludes physical arrest, the officer must
decide, within his or her discretion, whether to arrest. Officers shall not
instruct victims to obtain warrants for applicable offenses; officers
themselves shall obtain the warrants if circumstances so require. If
circumstances nevertheless dictate no arrests, see V.E below.

a. If an arrest is made, advise the victim that the case may be


prosecuted even if the victim later declines to testify.

b. If officers cannot identify a predominant physical aggressor, then


they should not make an arrest (but thoroughly document the
incident). Further, officers shall not threaten to arrest all parties

2-34.11
involved for the purpose of discouraging future requests for law
enforcement intervention.

2. In cases where the conditions of a protective order have been violated (Code
of Virginia 18.2-119), officers shall review the victim's copy of the order,
checking it for validity. If a protective order exists and its terms ("no
contact," "no trespass," or "no further abuse") are violated then the officer
shall arrest the violator if probable cause exists. Officers shall honor court
orders from other states. If officers are unable to verify an outstanding
protective order, they must nevertheless honor it. Officers cannot arrest for
violation of the order, however, if the violator has not been served with it.

3. Officers making arrests under Code of Virginia 19.2-81.3 shall petition for
an emergency protective order (Code od Virginia 16.1-253.4). If the officer
does not arrest but a danger of family abuse still exists, the officer shall
petition for an emergency protective order.

a. If children are involved in the incident, officers shall contact the on-
call Child Protective Services worker if a child is abused or neither
parent can reasonably look after the child's safety and well-being
(neglect is a separate, reportable offense).

b. If the abuser is not present, officers shall try to serve the protective
order as soon as possible and shall so advise the victim once service
has been made (and officers shall arrange to have the order entered
into VCIN as soon as practicable).

4. In determining probable cause, the officer shall not consider:

a. Whether the parties are married or living together, or their race, sex,
ethnicity, social class, or sexual orientation;

b. Whether the complainant has not sought or obtained a protective


order;

c. The officer's own preference to reconcile the parties despite the


complainant's insistence that an arrest be made;

d. That the complainant has called for law enforcement protection


previously and has not pursued or has withdrawn the criminal
complaint against the abuser;

e. That the complainant has not begun divorce proceedings;

2-34.12
f. Assurances of either disputant that violence will stop;

g. The lack of visible bruises or injuries;

h. Denial by either disputant that violence occurred;

5. Officers shall be alert to the elements of a stalking arrest. Ask victims:

a. Is the assailant following you or did he or she follow you;

b. Is the assailant harassing you or did he or she harass you;

c. Is the assailant threatening you or did he or she threaten you?

C. Arrest is the most appropriate response when these factors are present:

l. Serious, intense conflict;

2. Use of a weapon;

3. Previous injury or damage;

4. Previous court appearance against the offending party;

5. Previous attempt to sever the relationship;

6. Second call for law enforcement help;

7. When a felony has occurred;

8. Evidence of drugs or alcohol use at the assault;

9. Offenses committed with the officer present;

10. Valid warrants on file for other crimes;

11. A protective order has been violated. Charge as a Class 1 misdemeanor


under Code of Virginia 16.1-253.2;

12. Aggressive behavior toward anyone, pets, anything, or threatening behavior.

D. Making the Arrest

2-34.13
1. Arrest the assailant if he or she is present, apply handcuffs, inform him or
her that the decision to arrest is a law enforcement one, and transport
securely to the jail/magistrate.

2. If the assailant is absent, transport (or arrange transportation for) the victim
to a safe shelter or other appropriate place. Have circulated a "be-on-the-
lookout" message describing the assailant and arrange for an arrest warrant.

3. If an arrest must be made because a protective order has been violated,


verify its validity by:

a. Examining the victim's copy, if available;

b. Having communications search VCIN or contact the jurisdiction that


issued the order to confirm its currency (see V.B.2).

E. If the Abusive Person is not Arrested

l. Complete an incident report and provide summary information from the


report to the victim. Reports may not be released without approval from the
Chief of Police or Commonwealth’s Attorney.

2. Inform the victim that he or she can begin criminal proceedings at a later
time. Provide information about how to file a criminal charge, including
time, location, and case number, if available, and offer to help in filing
charges at a later time.

3. Advise the victim of the importance of preserving evidence.

4. Explain to the victim about protective orders and how to obtain them and
offer to help the victim obtain them later.

5. If the victim wants to leave the premises to ensure safety, remain at the
scene while the victim packs essentials. Advise the victim to take only
personal items plus important papers (see III.A.4.b).

6. Give the victim telephone numbers of emergency shelters in the area and the
police emergency number.

7. Assure the victim that the Lawrenceville Police Department will assist in
future emergencies and explain measures for enhancing his or her own
safety.

2-34.14
F. Gathering Evidence

1. Physical evidence takes three forms in domestic violence cases: the injuries
of the victim, evidentiary articles that substantiate an attack, and the crime
scene itself.

2. The victim's account of injuries sustained should be corroborated by a


physician.

3. When feasible, take photographs of injuries.

4. Photograph the crime scene to show that a struggle occurred; if photography


is not possible, write a description of it.

5. Collect evidence according to the same principles as applied to any crime


scene (see GO 2-17 and 2-18).

6. If the assailant is under a protective order and appears to have purchased or


transported a firearm, confiscate it as evidence of Code of Virginia 18.2-
308.1:4 (see also V.H.4.c below).

7. Seize any weapons that the predominant physical aggressor used or


threatened to use in the commission of any crime.

8. Obtain statements from all witnesses, particularly noting any excited


utterances that bear on the incident.

G. Documenting the Incident

1. All incident reports on domestic violence shall follow general reporting


procedures set forth in GO 2-47.

2. Include in all reports of domestic violence:

a. Facts and circumstances of domestic violence including a description


of why one disputant was deemed the primary physical aggressor;

b. Victim's statements as to the frequency and severity of prior


incidents of abuse by the same family or household member;

c. The victim's statements as to the number of prior calls for law


enforcement assistance;

d. The disposition of the investigation.

2-34.15
e. The issuance of a domestic violence information package to the
victim.

3. If an arrest is not made, the incident must still be documented, where either
no probable cause existed, or circumstances dictated another course of
action. In such cases, in addition to the above considerations, officers shall
note:

a. What referral information was given;

b. The name of any counselor contacted;

c. Why no arrest was made, nor any warrant issued.

4. If children were present, make a report of abuse or neglect, if appropriate,


and forward it to Child Protective Services (see V.B.3.a above).

5. Regardless of whether an arrest is made, the officer shall provide appropriate


information to the victim, both orally and in writing, about legal and
community resources available.

H. Arrests of Law Enforcement Personnel

1. If the predominant physical aggressor or abuser is an employee of this


agency, the responding officer shall summon the supervisor, who shall in
turn notify his or her chain of command.

2. The scene shall be secured and medical attention summoned, if required.


The employee shall be disarmed or removed from access to weapons.

3. The Chief shall be summoned who shall begin an internal criminal


investigation (see RR 1-9 for guidelines on internal criminal and
administrative investigations).

a. If probable cause to arrest exists, the Chief shall arrest and gather
evidence (including taking photographs) consistent with this general
order.

b. The Chief shall work with the responding patrol officer to ensure
that the victim receives medical attention, if necessary, is transported
to a hospital or safe shelter, and that all reports are completed,
evidence gathered, and photographs taken.

2-34.16
c. The Chief shall speedily present the case to the Commonwealth's
Attorney.

4. Upon termination of the criminal investigation, the Chief may direct an


internal administrative investigation into the incident consistent with RR 1-9.
The chief may suspend the employee pending the outcome of the
investigation.

a. Suspended employees shall immediately turn in all agency-issued


weapons, vehicles, badges, and identification to the property officer.

b. If the internal administrative investigation supports a violation of


agency policy, the chief shall take appropriate action consistent with
personnel rules outlined in RR 1-7. Further, if the investigation
confirms that domestic violence occurred, the chief may require
counseling, psychological evaluation, demotion, or termination of
employment.

c. Recently enacted federal law states that any person (including a law
enforcement officer) convicted under any state or federal law for a
misdemeanor involving the use, attempted use of physical force, or
the threatened use of a deadly weapon when committed by a current
or former spouse, parent or guardian of the victim, a person sharing a
child in common, or a cohabitant of the victim (past or present), is
prohibited from shipping, transporting, possessing, or receiving
firearms or ammunition. The offense may have occurred at any
time. Law enforcement officers convicted of offenses involving
weapons or threats of force may therefore be unable to maintain their
certification.

d. Refer to RR 1-2. for guidance on arresting officers of other


jurisdictions and for requirements that employees report court
actions to which they have been a party.

5. The chief will ensure that any court orders or injunctions are served to the
employee at the agency. The chief shall ensure that legal papers are served
in a private setting so that supervisory personnel can coordinate process
service with counseling or psychological services.

a. The employee's supervisor shall monitor the employee's behavior.


Upon service of any court papers, the supervisor shall be present to
review any affidavits supporting such papers. The supervisor shall
stay alert to behavior that may be unseemly or indicative of problems
requiring professional intervention.

2-34.17
6. Officers are reminded that RR 1-2 requires notification to the chief of any
civil or criminal action pending against them.

2-34.18
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: TOWING/WRECKERS NUMBER: 2-35
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
______________________________________
Chief of Police
VLEPSC STANDARDS: OPR.07.12

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Inventory (of vehicles)


Towing

I. POLICY:

Officers must understand when the towing and storage of vehicles is appropriate and
legal. Whenever possible, owners or operators of vehicles for which towing is required will
be encouraged to specify a towing service of their own choice. When required, the officer
shall summon a tow truck, unless a specific request for a particular tow service has been
made by the owner or operator of the vehicle to be towed.

II. PURPOSE:

The purpose of this general order is to establish procedures for towing vehicles.

III. PROCEDURES-GENERAL: (See also GO 2-13)

A. Accident: Any vehicle involved in an accident shall be removed to the shoulder of


the road or elsewhere as soon as possible after necessary accident investigation

2-35.1
information has been obtained. Vehicles shall be removed from the shoulder
without unnecessary delay.

1. Vehicles may be removed to the shoulder of the road or other legal parking
spot which does not obstruct or impede vehicle travel on the roadway.
Officers shall not push cars with police vehicles.

2. If this is not possible, and a traffic hazard is created, the police officer may
order towing of the vehicle at the owner's expense.

B. Emergency: Any vehicle found illegally parked in the vicinity of a fire, traffic or
airplane accident or area of emergency which creates a traffic hazard or interferes
with the necessary work of police, fire, or other rescue workers may be ordered
towed, at the expense of the owner, by a police officer. Vehicles being used by
radio, T.V., and press are exempt unless they obstruct police, fire, or rescue
operations.

C. Impeding/danger to traffic: No vehicle shall be stopped in such a manner as to


impede or render dangerous the use of the highway by others, except in cases of
mechanical breakdown or accident. If a disabled vehicle is not promptly removed
and creates a traffic hazard, the police officer may order the vehicle towed at the
expense of the owner.

D. State/county/municipal vehicles: Paragraphs A, B, and C above shall not apply to


any vehicle owned or controlled by the state or a local unit of government while
actually engaged in construction or highway maintenance.

E. Blocking driveway or parking area: Any police officer discovering or having report
of any motor vehicle, trailer, or other vehicle blocking a driveway or parking area,
or obstructing or interfering with the movement on any driveway or parking area
without the land owner's permission may order the vehicle towed at the expense of
the owner of the vehicle.

F. Unattended traffic hazard/violation of law: Officers may tow any motor vehicle
found on a public street or grounds unattended by the owner/operator that
constitutes a traffic hazard or is parked in such a manner as to be in violation of the
law.

G. Abandoned vehicle: Whenever any motor vehicle is abandoned upon public or


privately-owned property, without the permission of the owner, lessee, or occupant
thereof, the police officer may order it towed at the expense of the owner of the
vehicle. A vehicle may be presumed to be abandoned if (1) it lacks a current license
plate; (2) it has been in a specific location for ten days without being moved.

2-35.2
H. Evidence/crime involvement: Vehicles that are of an evidentiary value or involved
in the commission of a crime shall normally be towed at the request of the officer to
a secure storage area at police department expense.

I. DUI vehicles: A vehicle driven by a DUI suspect that is legally and safely parked
shall be locked and left there if the suspect consents. The suspect may turn the keys
over to a friend or relative who will move the vehicle, or the suspect may request the
vehicle be towed by a particular garage. If the suspect (1) does not consent to
locking and leaving a legally and safely parked vehicle, or (2) refuses to allow a
friend or relative to move the vehicle, or (3) does not request a particular tow
service to move an illegally parked or hazard-creating vehicle, the police officer
may order it towed for safekeeping at the owner's expense.

IV. TOWING PROCEDURES:

A. Police officers shall know under which provisions (subparagraphs A-K above) the
vehicle shall be towed.

B. Preferably, the vehicle owner/operator will name the towing company to be used.

C. If the owner/operator does not wish to specify a towing firm or is not available to
make a choice, normally the officer shall ask the dispatcher to send a wrecker.

D. In an emergency involving major traffic congestion, the officer shall so notify the
dispatcher and shall request a wrecker.

E. If the vehicles involved are larger than normal passenger vehicle or pickup size, the
officer shall so advise the dispatcher who has a separate list of specially equipped
wrecker services.

F. Dispatchers shall log a notification on their report whenever a tow service is


requested. The time the dispatcher called the tow service shall be recorded.

G. When the wrecker arrives on the scene, the officer shall advise the dispatcher of
time of arrival and any other subsequent problems.

H. Dispatchers shall be notified of all vehicles being towed by officers and shall record
date, time, place towed from and to, license number, make or model, and color of
vehicle in the towed vehicle log.

V. INVENTORY:

A. Vehicles that are towed at the request of the owner/operator or vehicles that are left
legally parked shall not be inventoried. Officers are reminded of the "plain view

2-35.3
doctrine" and the limitations upon the authority to search incidental to a lawful
arrest. See GO 2-2.11 for further details.

B. A vehicle inventory tow-in report shall be completed when an officer assumes


responsibility for towing a vehicle, and shall complete an inventory before allowing
the wrecker driver to pull the vehicle. A duplicate copy of the tow-in report shall be
left with the vehicle and a copy given to driver.

C. Officers shall turn in original copy of the inventory report with the incident report.

2-35.4
LAWRENCEVILLE POLICE DEPARTMENT

GENERAL ORDERS
SUBJECT: USE OF BALLISTIC VEST Number: 2-36

EFFECTIVE DATE: REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
__________________________________
Chief of Police
VLEPSC STANDARDS: OPR.01.05

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Ballistic vest

I. POLICY:

It is the policy of the Lawrenceville Police Department to maximize officer safety through
the use of body armor in conjunction with the practice of prescribed safety procedures.
While body armor provides a significant level of protection, it is not a substitute for sound,
basic safety procedures.

II. PURPOSE:

The purpose of this policy is to provide law enforcement officers with guidelines for the
proper use and care of body armor.

III. PROCEDURES:

2-36.1
A. Issuance of Body Armor:

1. All body armor issued must comply with the current minimum protective
standards prescribed by the National Institute of Justice.

2. All law enforcement officers shall be issued body armor.

3. Body armor that is worn, damaged or expired shall be replaced by the


agency. Body armor that must be replaced due to misuse or abuse by the
officer shall be paid for by the officer.

B. Use of Body Armor:

1. Law enforcement officers that are assigned to a uniformed function


are strongly encouraged to wear the issued body armor on duty while
engaged in field activities unless exempted as follows:

a. When the officer is involved in undercover or


plainclothes work that his/her supervisor determines would be
compromised by the use of body armor.

b. When the officer is assigned to perform an


administrative function.

c. When the department determines that circumstances


make it inappropriate to mandate body armor.

2. Officers shall wear only department-approved body armor.

C. Inspections of Body Armor:

1. Supervisors shall be responsible for ensuring that body armor is


worn and maintained as required by this policy by a periodic documented
inspection of employees’ body armor.

2. There shall be an annual inspection of all body armor for fit,


cleanliness, signs of damage, abuse, and wear.

D. Care and Maintenance of Body Armor:

1. Each law enforcement officer is responsible for the proper storage of body
armor in accordance with manufacturer’s instructions and daily inspection
for signs of damage and general cleanliness.

2-36.2
2. As dirt and perspiration may erode ballistic panels, each officer shall be
responsible for cleaning his body armor in accordance with the
manufacturer’s instructions.

3. Officers are responsible for reporting any damage or wear to the ballistic
panels to the individual responsible for the uniform supply function.

E. Training:

A designated officer shall be responsible for maintaining the following information:

1. Technological advances in the body armor industry that may necessitate a


change in body armor.

2. A description of weapons and ammunition currently in use, and whether or


not issued body armor can withstand their impact.

3. Training programs that inform the officers about body armor and emphasize
its safe and proper use.

4. Statistics on incidents where body armor has or has not protected officers
from harm, including traffic accidents.

2-36.3
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: COMMUNICABLE NUMBER: 2-37
DISEASES
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
____________________________________
Chief of Police
VLEPSC STANDARDS: PER.10.01

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

AIDS
Acquired Immune Deficiency Syndrome
Communicable Diseases
Diseases
Evidence
possibly contaminated
Exposure control program (communicable diseases)
HBV
Hepatitis B
HIV
Human Immunodeficiency Virus
Infectious diseases
Training;
responsibilities concerning infectious diseases
Tuberculosis

2-37.1
I. POLICY:

The department bears an obligation to the public and to its own personnel to
increase awareness about risks, modes of transmission, and procedures for handling
communicable diseases such as hepatitis B, tuberculosis, HIV (Human Immunodeficiency
Virus) and AIDS (Acquired Immune Deficiency Syndrome), and AIDS-related infections.
Although, of the diseases that are mentioned, AIDS has received the most notoriety, all
present hazards to law enforcement officers: hepatitis B and tuberculosis are more
infectious than HIV, for example.

All personnel must understand that the focus of the news media on AIDS has dealt
with so-called "high risk" groups, i.e., homosexual men, intravenous drug users, and
prostitutes. As a matter of practice, the department does not recognize high-risk groups
since health and legal experts maintain that the actual risk of contagion comes from high-
risk behavior. Anyone--including members of the department--might conceivably behave
in a way that promotes risk of infection. Further, the long incubation periods associated
with diseases such as HIV (years) render testing difficult. Accordingly, officers shall act
responsibly in minimizing the risk of infection when dealing with any person, male or
female, child or adult or with any body fluids. A few simple precautions, however, will
avoid the risk of infection almost entirely. The appendix to this general order details
common AIDS concerns of personnel plus relevant medical information.

Officers cannot refuse to work with or handle anyone--victim, complainant, or


suspect--because of the officer's fears of possible infection. Personnel shall not refuse to
arrest or otherwise refuse to handle any person in a legitimate law enforcement context,
provided that appropriate protective equipment is available. The measures provided herein
will assist officers in carrying out their duties while simultaneously minimizing health risks.

The most likely danger from contact with HIV or other communicable diseases
comes from handling blood or other body fluids as evidence or at the scene of injury or
death. The department does expect officers to exercise caution when handling evidence, to
which end the following procedures are set forth. One point bears repeating, however:
officers have no way to determine with certainty if a citizen is infected with a
communicable disease.

The department shall provide employees, continuously, with information and education
on prevention of communicable diseases, as well as safety equipment and procedures to
minimize their risks of exposure. The department has instituted post-exposure reporting,
evaluation, and treatment for all members exposed to communicable diseases.

Finally, the department advises all personnel that they shall not receive
discriminatory treatment nor bear any stigma if they contract a communicable disease which
becomes known to the department. Legally, a communicable disease is a handicap under
Federal law making discrimination against infected persons illegal.

2-37.2
The department expects officers to become educators in their law enforcement
work. Officers can advise children, drug users, or prostitutes of the risks of infection and
can further distribute educational literature. Additionally, officers may refer citizens to
health agencies such as the American Red Cross and the local health department.
Department personnel, then, may set an example in demonstrating rationality and
confidence in dealing with communicable diseases.

II. PURPOSE:

The purpose of this order is to establish guidelines and procedures to be followed


when a member of the department is exposed to a communicable disease with a risk of
major illness or death and to establish procedures for handling of evidence or property that
may be contaminated.

III. DEFINITIONS:

A. Communicable disease - an infectious disease capable of being passed to another by


contact with an infected person or his/her body fluids.

B. AIDS (Acquired Immune Deficiency Syndrome) - is a blood-borne and sexually-


transmitted disease that attacks and destroys the body's immune system. It makes
people susceptible to infections, malignancies, and diseases not generally life-
threatening to persons with normal immune systems. AIDS also causes disorders of
the central nervous system. There is no vaccine against the virus. Personnel are
advised that AIDS is not transmitted through any of the following (according to the
Centers for Disease Control):

1. Sneezing, coughing, spitting;

2. Handshakes, hugging, or other non-sexual physical contact;

3. Toilet seats, bathtubs, or showers;

4. Various utensils, dishes, or linens used by persons with AIDS;

5. Articles worn or handled by persons with AIDS, i.e., doorknobs, pens, or


cups;

6. Being near someone with AIDS frequently or over a long period of time;

7. Riding the same transportation;

8. Eating in the same public place with an AIDS-infected person; or

2-37.3
9. Working in the same office.

C. ARC (AIDS-Related Complex) - is a condition caused by the aids virus (HIV) and
has a specific set of symptoms. Such symptoms include persistent fever, weight
loss, skin rashes, diarrhea, and swollen lymph nodes. Although these symptoms
may be debilitating, they are generally not life-threatening.

D. HIV (Human Immunodeficiency Virus) - is the virus that causes AIDS. HIV infects
and destroys certain white blood cells, undermining the body's ability to combat
infection. (Also named HTLV-III or LAV). Technically speaking, this general
order aims to reduce the chance of HIV transmission, the virus that causes AIDS.

E. Seropositivity - refers to a person having antibodies to HIV, meaning that infection


has occurred at some time in the past. A seropositive person can be infected with
HIV for years with out ever developing symptoms of AIDS. Infected persons can
transmit the virus even though they may not have symptoms of AIDS.

F. Hepatitis B (HBV) - is a viral infection that can result in jaundice, cirrhosis, and,
sometimes, cancer of the liver. The virus is transmitted through exposure to blood,
semen, or vaginal secretions. Two vaccines are currently available against hepatitis
B [Recombivax (synthetic) or Heptivax (serum derived)].

G. Tuberculosis - is a bacterial disease that can be transmitted through saliva, urine,


blood, and other body fluids by persons infected with it. Tuberculosis is spread
primarily by inhaling airborne droplets from infected coughing people. It can enter
the body through infected mucous on the skin (as from coughing) or from droplets
that are inhaled. It is an airborne, opportunistic disease and it primarily causes lung
infection. Although no vaccine against tuberculosis exits, medications are available
to treat the disease.

H. Exposure control program - is a written agency plan, available to all employees,


which details the steps taken to eliminate or minimize exposure incidents, and
identifies at-risk tasks and assignments (Appendix B to this G.O.).

I. Personal protective equipment (PPE) - consists of specialized clothing or equipment


worn or used by employees for protection against infection. PPE does not include
uniforms or work clothes without special protective qualities.

J. Universal precautions - includes controls or procedures advised by the Centers for


Disease Control (CDC) that emphasize precautions based on the assumption that
blood and body fluids are potentially infectious.

2-37.4
IV. GENERAL RESPONSIBILITIES:

A. The Chief of Police or his designee is the coordinator for the communicable disease
program and shall develop a written exposure control plan which provides the
overall strategy for limiting exposure to HIV and HBV viruses and for handling
exposure incidents. This general order and appendix 2-37-B serve as that plan and
are available to all employees.

l. The plan adheres to the principles and procedures for the prevention of HIV
and HBV exposure as detailed in the universal precautions prescribed by the
CDC plus other federal agencies.

2. All employees, and supervisors particularly, are responsible for the


maintenance of a clean, sanitary workplace, and shall inspect workplaces
daily to ensure that these conditions are met.

B. The Chief of Police shall ensure that adequate supplies are available for
communicable disease control within the department. Supervisors are
responsible for maintaining continuously an adequate supply of disease
control supplies for all affected personnel within their purview. Further,
supervisors must ensure that

l. personal protective equipment (PPE) can be found in sufficient quantities at


advertised locations; and

2. hypoallergenic gloves and other materials are available for employees


allergic to standard-issue gear; and

3. supplies are routinely inspected, replaced, cleaned; and

4. First Aid supplies and disinfectants are available always.

C. The Chief of Police, through his subordinate supervisors, shall ensure that the
department vehicles will each contain the following PPE supplies at all times:

 disposable latex gloves


 leather gloves
 disposable face mask
 disposable towels
 disposable plastic bags
 alcohol-based cleanser
 CPR shield/mask
 wrap-around safety goggles
 disposable shoe coverings

2-37.5
 puncture-resistant, leakproof container for needles and other sharp
objects
 waterproof bandages

D. Officers using supplies in their vehicles shall replace them or arrange to have them
replaced as soon as possible. Officers shall maintain disposable gloves in their
personal possession at all times.

E. The Chief of Police or his designee shall cause to be maintained at the department
office the following:

 coveralls (different sizes)


 supply of disposable latex gloves
 orange/red plastic biohazard bags and tape, or plastic bags and sealing ties
 liquid household bleach
 disposable towels/towelettes
 "Isolation Area - Do Not Enter" signs
 buckets, mops

F. Personnel shall use protective equipment under all appropriate circumstances unless
the officer can justify otherwise.

l. Officers who, for whatever reason, do not use protective gear when
appropriate shall document the incident as soon as practicable for
department review.

G. All personnel whose skin comes into contact with body fluids of another shall begin
disinfection procedures immediately: these procedures range from simple soap-and-
water washing to the use of alcohol or antiseptic towelettes. All open cuts and
abrasions shall be covered with waterproof bandages before personnel report for
duty.

V. GENERAL PRECAUTIONS:

A. GENERAL: Whenever possible, officers shall wear disposable latex gloves when
doing any of the following:

1. Handling persons or items with any blood or body fluid products


(hypodermic needles, syringes, or surfaces soiled with blood or body fluids,
gun or knife wounds).

2. Packaging and handling such items as evidence.

3. Cleaning up blood or other secretions which appear on floors, seats,

2-37.6
equipment, handcuffs, shoes, clothing, pens, pencils, etc.

B. SPECIALIZED DEVICES:

l. Masks shall be worn whenever splashes, spray, spatter, or droplets of


potentially infectious fluids endanger contamination through the eyes, nose,
or mouth. Masks may be worn with other protective devices such as
goggles.

2. Gowns, jackets, coats, aprons shall be worn as determined by the degree of


exposure anticipated.

A. HANDLING PEOPLE:

l. Wash hands thoroughly for thirty seconds with warm water and soap after
removing gloves (when handling evidence) or after contact with the subject
(if bleeding or vomiting). If water is unavailable, use pre-moistened
towelettes found in the communicable disease control kit to decontaminate
skin.

2. Leather gloves or their equivalent shall be worn when searching persons or


dealing in environments, such as accident scenes, where sharp objects and
bodily fluids may reasonably be encountered. Search techniques shall be
used that require suspects to empty their own pockets or purses and remove
sharp objects from their persons.

3. When transporting prisoners:

a. Do not put fingers in or near any person's mouth.

b. Transport persons with body fluids on their persons in separate


vehicles from other persons. A person who is bleeding or producing
a fluid may have to wear a protective covering.

c. Notify other support personnel or law enforcement officers during a


transfer of custody that the suspect has fluids on his or her person, or
that the suspect has stated that he or she has a communicable disease.
Booking forms should so state.

B. HANDLING OBJECTS:

1. Objects contaminated with body fluids shall be completely dried, double


bagged, and marked to identify possible disease contamination.

2-37.7
2. Contaminated items to be disposed of shall be autoclaved.

a. To autoclave, items must be treated in special (biohazard) bags at a


high temperature. Local laboratories or hospitals can assist.

b. Before burning, the bags must be closed with autoclave tape which
turns purple when appropriate processing has taken place to kill
microbes.

3. Officers shall use extra care when handling any sharp objects. If officers
find syringes, they shall not bend, recap, or otherwise manipulate the needle
in any way, but shall place them in puncture-resistant containers provided by
the department.

C. HANDLING FLUIDS:

l. Clean up blood spills or other body fluids with regular household bleach
diluted 1 part bleach to 10 parts water (or use undiluted bleach, if easier).
Bleach dilutions should be prepared at least every 24 hours to retain
effectiveness.

a. Wear latex gloves during this procedure.

b. A soiled uniform (by blood or body fluids) should be changed as


soon as possible. Wash in hot water and detergent or dispose of after
autoclaving.

2. Departmental vehicles within which body fluids are spilled require


immediate disinfection procedures. Employees who have the vehicles
assigned to them shall notify their supervisor of the spill and arrange for a
thorough cleaning as soon as possible. Affected vehicles should bear an
"Infectious Disease Contamination" sign upon arrival at a service center and
while awaiting disinfection.

a. All police vehicles will be cleaned with disinfectant as part of a


routine, scheduled washing and maintenance check.

D. PRECAUTIONS WHEN BITTEN:

The danger of infection through bites is low. The victim cannot be infected with
HIV through the blood of the biting person unless that person has blood in his or her
mouth which comes into contact with the victim's blood. HIV cannot be transmitted
through saliva. With HBV, however, transmission takes place through infected
blood or blood-derived body fluids. Infection takes place by exposure of the eyes,

2-37.8
mouth, or mucous membranes to the virus. Precautionary procedures to minimize
the risk of infection include:

1. Encouraging the wound to bleed by applying pressure and gently "milking"


the wound.

2. Washing the area thoroughly with soap and hot water.

3. Seeking medical attention at the nearest hospital.

4. Advising your supervisor, make a report, or follow any other policy for
reporting injuries, including the filing of appropriate Worker's
Compensation forms.

E. PRECAUTIONS WHEN PUNCTURED BY NEEDLES OR KNIVES:

If an officer is cut or punctured by a needle or a knife or other instrument while


searching a suspect or handling contaminated evidence, follow these general
guidelines:

1. Allow the wound to bleed (unless severe bleeding occurs) until all flow
ceases. Then cleanse the wound with alcohol-based cleanser (or pre-
moistened towelettes) and then with soap and water. Do not rely exclusively
on towelettes: wash wounds thoroughly with soap and water.

2. Seek medical attention as soon as possible after the injury. A physician will
then decide the proper treatment.

3. Advise your supervisor, make a report, or follow any other policy for
reporting injuries, including the filing of appropriate Worker's
Compensation forms.

F. PRECAUTIONS AT MAJOR CRIME SCENES:

At the crime scene, officers and crime scene technicians confront unusual hazards,
especially when the crime scene involves violent behavior such as homicides where
large amounts of blood have been shed.

1. No person at any crime scene shall eat, drink, smoke, or apply make-up.

2. The best protection is to wear disposable latex gloves. Any person with a
cut, abrasion, or any other break in the skin on the hands should never
handle blood or other body fluids without protection.

2-37.9
3. Latex gloves should be changed when they become torn or heavily soiled or
if an officer leaves the crime scene (even temporarily).

4. If cotton gloves are worn when working with items having potential latent
fingerprint value, wear cotton gloves over latex gloves.

5. Hands should be washed after gloves are removed, even if the gloves appear
to be intact.

6. Always keep a plastic bag in the communicable disease control kit to be


used only to collect contaminated items (gloves, masks, etc.) until they can
be disposed of properly. Clearly mark the bag "Contaminated Material."

7. Shoes and boots can become contaminated with blood. Wash with soap and
water when leaving the crime scene, or use protective disposable shoe
coverings.

8. Wrap-around eye safety goggles and face masks should be worn when the
possibility exists that dried or liquid particles of body fluids may strike the
face. Particles of dried blood, when scraped, fly in many directions, so wear
goggles and masks when removing the stain for laboratory analysis.

9. While processing the crime scene, be constantly on the alert for sharp
objects, such as hypodermic needles, razors, knives, broken glass, nails, etc.
Use of mirrors may be appropriate while looking under car seats, beds, etc.

10. Use tape--never metal staples--when packaging evidence.

11. If practicable, use only disposable items at a crime scene where blood or
other body fluids are present. Even those items (gloves, masks, shoe
coverings, pens, pencils, etc.) must be decontaminated before disposal. If
autoclaving is not possible contaminated items must be covered with a
bleach solution (one part bleach to ten parts water, or undiluted bleach).

12. Before releasing the crime scene, advise the owner of the potential infection
risk and suggest that the owner contact the local health department for
advice.

13. Warning labels must be placed on all plastic evidence bags to go to the
crime laboratory.

2-37.10
VI. VACCINATIONS

A. The department affords all employees who have occupational exposure to hepatitis
B the opportunity to take the HBV vaccination series at no cost within l0 working
days of assignment to an occupationally exposed duty. The vaccination shall be
provided only after the employee has received departmental training in
communicable diseases, is medically fit for the vaccinations, and has not previously
received them.

VII. OCCUPATIONAL EXPOSURE TO COMMUNICABLE DISEASES:

A. NOTIFICATION:

1. All employees shall, as soon as practicable, document possible exposure to


infectious fluids or materials. In any case, employees shall immediately
notify their supervisor of possible exposure. Virginia Code Section 32.l-
45.2 requires public safety employees to immediately notify their agencies
"of any possible exposure prone incident."

2. Examples of such exposure are:

a. Direct contact with body fluids on chapped or open areas (cuts,


scratches) on the skin or on mucous membranes (i.e., eyes, mouth).

b. Direct mouth-to-mouth resuscitation (CPR) without use of a one-


way valve.

c. Receiving a cut or puncture wound as a result of searching or


arresting a suspect or handling contaminated evidence.

B. TESTING:

If a member of the department is exposed to the body fluids of a person who has or
is suspected to have a communicable disease, the member must be evaluated for
evidence of infection by the department physician.

1. The person whose body fluids came into contact with an officer may state
that he or she has AIDS. Often, a person may try to prevent police from
withdrawing blood for drug screening (as in a DUI arrest), although, in fact,
he or she is not infected at all. While the department cannot coerce a
citizen--suspect or otherwise--to take periodic tests for infection, the
department will try to convince the citizen who may have transmitted
infection to do so.

2-37.11
a. Virginia Code 32.l-45.2 states that if any person or employee has
been exposed to body fluids, the person or employee whose fluids
were involved will be requested by the agency to consent to HBV or
HIV testing and disclosure of results.

b. Virginia Code l8.2-62 provides measures whereby a person charged


with any crime involving sexual assault, or particular offenses
against children may be ordered to submit to HIV testing.

2. Personnel should understand the difficulty of transmitting HIV and hepatitis


B. If infection control measures have been followed, the risk is very low.

C. Testing for presence of infection shall be done if indicated by a medical assessment


(after an incident involving the possible transfer of blood or other body fluids). The
following information details testing methods and their reliability.

1. AIDS/ARC/HIV:

a. Blood tests can detect HIV antibodies (produced by the body's


immune system).

b. The two common tests for HIV antibodies are the ELISA (Enzyme-
Linked Immunosorbent Assay) and the Western Blot. Since the
ELISA is less expensive and easier to perform, it is usually used as a
first screen for HIV. If the ELISA identifies the person as
seropositive, a second ELISA is performed. If the second test is also
positive, a Western Blot is usually performed to confirm the results.

c. Since HIV antibodies may not develop for some months after a
person has been infected, an initial negative result may not mean
freedom from infection. High false positive rates also occur with the
use of only ELISA test.

d. One must be tested, then, immediately following the incident (for a


baseline) and then six and twelve months later.

e. The department shall ensure that the employee receives qualified


counseling during the testing period.

f. The Virginia State Public Health Department provides free


confidential or anonymous testing (both ELISA and Western Blot) in
every health district. The results are given only to the person tested.
State law, under Section 32.l-36.l, provides confidentiality and
prescribes a penalty.

2-37.12
2. Hepatitis B - A blood test can confirm the presence of hepatitis B virus six to
eight weeks after exposure. See Section VI above.

3. Tuberculosis - This disease is detected first by a skin test, then confirmed by


an x-ray. The department physician can order this test for the department
employee. (Some local health departments may do the test.)

D. CONFIDENTIALITY:

Confidentiality of information concerning test results is paramount. The victim has


a right to privacy in employer-maintained information about his/her health. No
need exists for a supervisor routinely to know that a person tests positive (for HIV
or hepatitis B). The department views a breach of confidentiality as a serious
disciplinary problem which may result in suspension or termination of employment.

l. Under most circumstances, medical authorities will retain confidential


records unless the employee requests differently or state law requires it.

E. POSITIVE TEST RESULTS:

1. Any person who tests positive for HIV or hepatitis B shall not be summarily
removed from duty. The department shall make no restrictions simply
because of diagnosis. These diseases are not spread by casual contact (as
between coworkers in the department). The department shall alter an
employee's assignment only when he or she can no longer perform the
required duties.

a. The department shall ensure continued testing, if necessary, of


members for evidence of infection, and shall provide psychological
counseling if necessary.

2. Any person who tests positive for tuberculosis may be restricted from
working for a period of time. The medical evaluation will determine the
stage and type of disease the person has contracted and if he/she is
contagious. A tuberculosis-infected person requires medication and shall not
return to work until the doctor says he/she is non-communicable.
(Tuberculosis is easily transmitted and incidence in Virginia has recently
shown a slight increase. After exposure to tuberculosis, a person may, after
a medical evaluation, take medicine to help prevent the disease.)

F. JOB PERFORMANCE:

1. Communicable disease-infected employees shall continue working as long

2-37.13
as they maintain acceptable performance and do not pose a safety or health
threat to themselves or others in the department.

a. Where feasible, an employee who has medical complications from a


communicable disease will either be reassigned to another job or
have his/her job restructured so that he/she can remain employed.
As necessary, medical documentation shall support requests for job
restructure or reassignment. All personnel shall treat such
employees in the same manner as employees who suffer from other
serious diseases or handicaps: that is, fairly, courteously, and with
dignity.

b. The department may require an employee to be examined by the


department physician to determine if he she is able to perform
his/her duties without hazard to him/herself or others.

G. FEDERAL LAW:

Employees infected by communicable diseases are generally protected by the


federal Rehabilitation Act of 1973. (A medical standard that is not job-related
constitutes a prohibited personnel practice.)

H. DISCRIMINATION:

The department expects all personnel to continue working relationships with any
fellow employee recognized as having AIDS/ARC, hepatitis B, or non-
communicable tuberculosis. The department will consider appropriate corrective or
disciplinary action against an employee who threatens or refuses to work with an
infected employee or who disrupts the department's mission.

I. RECORDS

The agency maintains a record for each employee detailing incidents of


occupational exposure, including information on vaccination status; the results of
examinations and tests; health care professionals' written opinion; and any other
relevant information. These records are retained by the chief in secure storage for
the duration of tenure of employees plus 30 years, and shall not be disclosed or
reported without the express written consent of the employee.

VIII. TRAINING:

A. Education on communicable diseases shall be continuous in the department. The


program coordinator shall ensure that all members of the agency with occupational
exposure shall receive a course of instruction on bloodborne diseases before their

2-37.14
initial assignment.

B. The program coordinator shall retain complete records on instruction of employees


to include dates of training; content of sessions; names and qualifications of trainers;
names and job titles of attending employees.

C. The program coordinator is responsible for dissemination of updated information to


all personnel and for appropriate educational programs about communicable
diseases. These programs shall include at a minimum:

1. Written information concerning AIDS/ARC/HIV, hepatitis B, and


tuberculosis in the form of brochures, bulletins, memorandums, or fact
sheets.

2. Group and/or individual presentations and discussions provided by


adequately trained personnel or experts from outside the department.

3. Local resources for further medical and law enforcement information.

4. For more information, personnel may at any time contact:

a. National Hotline for AIDS - 1-800-342-AIDS


b. Virginia AIDS Info Hotline - 1-800-533-4148
c. AIDS Update (Dept. of Health and Human Services)
1-202-245-6867
d. AIDS Clearinghouse (America Responds to AIDS)
404-198-1150
e. National AIDS Clearinghouse
1-800-458-5231
f. IOW Public Health Department
357-4177
g. Local American Red Cross
h. Forensic laboratories
i. Vendors:

2-37.15
APPENDIX A TO GO 2-37

AIDS-RELATED CONCERNS OF PERSONNEL

ISSUE INFORMATION

Human Bites A person who bites is typically the one who gets the blood; viral
transmission through saliva is highly unlikely. If bitten by anyone,
gently milk wound to make it bleed, wash the area, and seek medical
attention.

Spitting Viral transmission through saliva is highly unlikely.

Urine/feces Virus isolated in only very low concentrations in urine; not at all in
feces; no cases of AIDS or HIV infection associated with either urine
or feces.

CPR/first aid To eliminate the already minimal risk associated with CPR, use
masks/airways; avoid blood-to-blood contact by keeping open
wounds covered and wearing gloves when in contact with bleeding
wounds.

Body removal Observe crime scene rule: do not touch anything; those who must
come into contact with blood or other body fluids should wear
gloves.

Casual contact No cases of AIDS or HIV infection attributed to casual contact.

Contact w/ blood/body fluids Wash thoroughly with soap and water; clean up spills with 1:10
solution of household bleach.

*Source: Adapted from: AIDS and the Law Enforcement Officer: Concerns and Policy
Responses by Theodore M. Hammett, Ph.D., National Institute of
Justice, U.S. Department of Justice, June, 1987

2-37.16
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDER
SUBJECT: SPECIAL EVENTS/VIP’S NUMBER: 2-38
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
__________________________________
Chief of Police
VLEPSC STANDARDS: OPR.05.03

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Special events
VIPs

I. POLICY:

Periodically, special events take place in the town that require the department’s
participation. These serve as an opportunity to interact with the community and foster a
positive image of the department.

II. PURPOSE:

To establish procedures and responsibilities for handling special events and VIP visits.

III. PROCEDURES:

A. Definitions:

1. Special events: parades, festivals, fairs, or other public activities involving a


large influx of people into the town.

2-38.1
2. VIPs: prominent individuals from the entertainment community, politics, or
other professions who require an added degree of security during public
exposure.

B. Coordination of department participation in special events:

1. The Chief of Police or his designee is the single coordinator for department
participation in special events. He will make arrangements with
representatives for the special events to estimate number of participants and
impact on traffic/parking activities.

2. The chief shall then determine what department resources will be required
to address areas of concern with the special events, including:

a. Traffic control

b. Crowd control

c. Potential crime problems

d. Contingency plans for traffic direction and control

e. Use of outside law enforcement and/or civilian personnel

3. The chief shall coordinate department participation with other law


enforcement and emergency services agencies.

C. Handling the security of VIPs:

1. When the department becomes aware of an upcoming VIP visit, the chief
shall coordinate any additional security details requested by the VIP’s
security representative.

2. Due to limited department resources, the chief may request additional


support from the Virginia State Police or federal agencies tasked with the
VIP’s security.

3. If the VIP is a political or international dignitary, the chief will merely act
as a liaison with their security details.

4. The Virginia State Police or the VIP’s security representative will


determine appropriate security requirements, to include:

a. consideration of vehicles

2-38.2
b. body armor for VIPs

c. planning and exploring travel routes and alternates

d. advance intelligence for gathering intelligence information

e. identification of emergency medical facilities

f. communications

g. special identification by designation pins

2-38.3
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: DIPLOMATIC AND NUMBER: 2-39
CONSULAR IMMUNITY
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_____________________________________
Chief of Police
VLEPSC STANDARDS: ADM.02.04

NOTE:

This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Diplomatic Immunity Consular Immunity


Categories of Immunity Procedures, arrest and traffic enforcement

I. POLICY:

International law, to which the United States is firmly committed, requires that law
enforcement authorities of the United States extend certain privileges and immunities to
members of foreign diplomatic missions and consular posts. Most of these privileges and
immunities are not absolute and law enforcement officers retain their fundamental
responsibility to protect and police the orderly conduct of persons in the United States. The
West Point Police Department is committed to enforcing all Federal, State, and local laws
and ordinances while working within the boundaries established by the Vienna conventions.

II. PURPOSE:

The purpose of this policy is to identify the categories of foreign mission personnel, the
privileges and immunities to which each is entitled, and to provide guidance in the handling
of incidents involving foreign diplomatic and consular personnel.

2-39.1
III. PROCEDURES:

A. DEFINITIONS:

1. “Diplomatic immunity”: a principle of international law by which certain


foreign government officials are not subject to the jurisdiction of local
courts and other authorities for both their official, and to a large extent,
their personal activities. The purpose of these privileges and immunities is
not to benefit individuals but to ensure the efficient and effective
performance of their official missions on behalf of their governments.

2. “Diplomatic agent”: a term for ambassadors and the other diplomatic


officers who generally have the function of dealing directly with host
country officials. This category enjoys the highest degree of immunity.

3. “Members of the Administrative and Technical Staff”: includes those


persons who support the activities of the diplomatic agents. This category
includes secretaries, office managers, and certain professional security
personnel.

4. “Members of the Service Staff”: includes those persons who perform


tasks such as driving, cleaning, and maintenance.

B. CATEGORIES OF IMMUNITY:

1. Diplomatic Agents have:

a. complete personal inviolability, which means that they may not be


handcuffed (except in extraordinary circumstances), arrested, or
detained; and neither their property (including vehicles) nor
residences may be entered or searched;

b. complete immunity from the criminal jurisdiction of the host


country’s courts and thus cannot be prosecuted no matter how
serious the offense unless their immunity is waived by the sending
government;

c. complete immunity from civil suit with the exception of four


specific circumstances:

1.) in connection with real property transactions not conducted


on behalf of the mission;

2.) in connection with any role they may play as executor for
or heir to an estate being distributed in the host country;

2-39.2
3.) in connection with the performance of professional or
commercial activities outside the scope of their official
duties; or

4.) in respect of counterclaims on the same subject matter


when they have been the initiating party in a suit;

d. Have complete immunity from the obligation to provide evidence


as witnesses and cannot be required to testify, even, for example, if
they have been the victim of a crime.

e. Family members forming part of the household of diplomatic


agents have precisely the same privileges and immunities as do the
sponsoring diplomatic agents.

2. Members of Administrative and Technical Staff have:

a. complete personal inviolability (See 1.a. above for description);

b. complete immunity from the criminal jurisdiction of the host


country’s courts and thus cannot be prosecuted no matter how
serious the offense unless their immunity is waived by the sending
state;

c. immunity from civil jurisdiction only in connection with the


performance of their official duties;

d. complete immunity from the obligation to provide evidence as


witnesses and cannot be required to testify, even, for example, if
they have been the victim of a crime.

e. Family members forming part of the household of members of the


administrative and technical staff have precisely the same
privileges and immunities from the host country’s criminal
jurisdiction as their sponsors. Since these family members have no
official duties to perform, they enjoy no immunity from civil
jurisdiction.

3. Members of Service Staff

a. Members of the service staff have official acts immunity only, they
have no personal inviolability, no inviolability of property, and no
immunity from the obligation to provide evidence as witnesses.

2-39.3
b. The families of service staff members have no privileges or
immunities.

4. Nationals or Permanent Residents of the United States

a. The rules set forth above assume that the staff members of the
diplomatic mission are nationals of the sending country. The
United States, as a matter of policy, does not normally accept as
diplomatic agents its own nationals, legal permanent residents of
the United States or others who are “permanently resident in” the
United States. The family members of diplomatic agents have no
privileges or immunities if they are nationals of the United States.

5. Special Bilateral Agreements

There are some countries with which the United States has concluded
bilateral agreements which grant to all members of the staff of their
respective embassies (provided they are nationals of the sending country)
the privileges and immunities to which only diplomatic agents are
normally entitled.

6. Temporary Duty

Persons sent to the United States on short-term official duty with


diplomatic missions ordinarily do not have any privileges and immunities.
Officers shall check with the U.S. Department of State in particular cases
involving such individuals.

7. Waivers

Officers should not address an alleged commission of a crime by a person


having full criminal immunity with the belief that there is no possibility
that a prosecution could result. The U.S. Department of State requests
waivers of immunity in every case where the prosecutor advises that,
but for the immunity, charges would be pursued. In serious cases, if a
waiver is refused, the offender will be expelled from the United States and
the U.S. Department of State will request that a warrant be issued and
appropriate entries into NCIC be made by the responsible jurisdiction.

A waiver of immunity can not be obtained from the individual possessing


them. The seeking of a waiver can only be done through diplomatic
channels by the U.S. Department of State.

2-39.4
8. Consular Officers

a. Consular officers have only official acts or functional immunity in


respect of both criminal and civil matters;

b. have limited personal inviolability and no inviolability of property;

c. may be arrested pending trial only if the offense is a felony and


that the arrest is made pursuant to a decision by a competent
judicial authority (e.g., a warrant issued by an appropriate court);

d. can be prosecuted for misdemeanors, but remain at liberty pending


trial or other disposition of charges;

e. are not obliged to provide evidence as witnesses in connection with


matters involving their official duties, to produce official
documents, or to provide expert testimony on the laws of the
sending country.

f. Absent a bilateral agreement, the family members of consular


officers have no personal inviolability and no jurisdictional
immunity of any kind.

9. Consular Employees

a. Consular employees have no personal inviolability or jurisdictional


immunity of any kind, but they do have immunity from the
obligation to provide evidence as witnesses only in respect to
official acts.

b. The family members of consular employees have no personal


inviolability or jurisdictional immunity of any kind.

10. Honorary Consuls

Honorary consuls are American citizens or permanent resident aliens who


perform consular services on a part-time basis. These persons have
“official acts” immunity only and immunity from the obligation to provide
evidence as witnesses only in respect of official acts.

C. IDENTIFICATION OF PERSONS ENTITLED TO PRIVILEGES AND


IMMUNITIES

2-39.5
It is critical for an officer to identify quickly and accurately the status of any
person asserting immunity. Numerous documents are associated with foreign
diplomats; only one provides an accurate indication of the status of the holder.

1. Identification cards issued by the U.S. Department of State

a. The only authoritative identity document is the identification


card issued by the U.S. Department of State, Office of Protocol
or by the U.S. Mission to the United Nations.

b. There are three types of identification cards (see attached sample


pages):

1.) Diplomatic – will have a blue border for diplomats.

2.) Official – will have a green border for embassy employees.

3.) Consular – will have a red border for consular personnel.

c. The identification cards are 3 ¾” x 2 ½” and contain a photograph


of the bearer, the bearer’s name, title, mission, city and state, date
of birth, identification number, expiration date, and a U.S.
Department of State seal appear on the front of the card. A brief
statement of the bearer’s criminal immunity is printed on the
reverse side.

d. Officers shall call the U.S. Department of State, Office of Protocol


for verification in connection with any serious incident or in any
case where they have reason to doubt the validity of the card.

e. Officers are advised that newly arrived members of diplomatic and


consular staffs may not yet have received these official identity
documents and should call the U.S. Department of State, Office of
Protocol, for verification.

2. Foreign Diplomatic Passports and U.S. “Diplomatic” Visas

3. Tax Exemption cards

4. Automobile Registration, License Plates, Drivers Licenses

The U.S. Department of State, through its Office of Foreign Missions’


Diplomatic Motor Vehicle Office, has jurisdiction over the registration of
vehicles, and the issuance of operators permits for individuals who have
privileges and immunities in the United States.

2-39.6
a. Plates with a “D” prefix or suffix are issued to diplomatic missions
and those members who hold diplomatic rank.

b. Plates with a “C” prefix are issued to consular missions and career
consular officers.

c. Plates with an “S” prefix are issued to the administrative and


technical staff at diplomatic missions and consular employees at
consular missions.

d. Plates with an “A” prefix or suffix are issued to official vehicles of


the Secretariats of the United Nations and the Organization of
American States and the personally owned vehicles of those staff
members who have diplomatic status.

5. The U.S. Department of State’s vehicle registration and driver license status
records are available to law enforcement agencies through the National
Law Enforcement Telecommunications System (NLETS). Agencies may
access these records using the standard NLETS registration and driver
query formats. NLETS has assigned state code (destination ORI) “US” to
this database. If you require additional motor vehicle information, it can
be obtained telephonically, or by sending an Administrative Message (AM
message) to “DCDOS015V”.

D. STEPS TO FOLLOW WHEN A FOREIGN NATIONAL IS ARRESTED OR


DETAINED

1. Determine the foreign national’s country. In the absence of other


information, assume this is the country on whose passport or other travel
documents the foreign national travels.

2. If the foreign national’s country is not on the mandatory notification list


(see attachment on page 2-39.9:

a. Offer, without delay, to notify the foreign national’s consular


officials of the arrest/detention. For a suggested statement to the
foreign national, see attachment on page 2-39.10

b. If the foreign national asks that consular notification be given,


notify the nearest consular officials of the foreign national’s
country without delay.

3. If the foreign national’s country is on the list of mandatory notification


countries:

2-39.7
a. Notify that country’s nearest consular officials, without delay, of
the arrest/detention.

b. Tell the foreign national that you are making this notification.

4. Keep a written record of the notification and actions taken.

E. TRAFFIC ENFORCEMENT

1. Traffic infractions

a. Stopping a mission member or dependent and issuing a traffic


citation for a moving violation does not constitute arrest or
detention and is permitted.

b. The subject may not be compelled to sign the citation.

c. A copy of the citation and any other documentation regarding the


incident should be forwarded to the U.S. Department of State as
soon as possible.

1.) For “must appear” offenses, the Department uses the


citation and any report as the basis for requesting an
“express waiver of immunity.”

2.) Individuals cited for pre-payable offenses are given the


option of paying the fine or obtaining a waiver in order to
contest the charge.

2. Serious cases, e.g., DUI, personal injury, accidents, etc.

a. Telephonic notification to the U.S. Department of State is strongly


recommended. As soon as practical, supervisor notification should
be made. The supervisor will notify officials with the U.S.
Department of State. Supervisors will document and record the
date, time, whom contacted and the circumstances of the incident.

b. Officers should follow the procedures as outlined in G.O. 2-19 for


the administration of Standard Field Sobriety Tests (S.F.S.T.s):

1.) Standardized field sobriety test results should be fully


documented.

2.) The taking of these tests may not be compelled.

2-39.8
c. If the officer judges the individual too impaired to drive safely, the
officer should not permit the individual to continue to drive, even
in the case of diplomatic agents. Depending on the circumstances,
there are several options:

1.) The officer may, with the individual’s permission, take the
individual to the police station or other location where he or
she may recover sufficiently to drive.

2.) The officer may contact, or allow the individual to contact,


a friend or relative to drive.

3.) If appropriate, the officer may choose to provide the


individual with transportation (e.g., call a cab).

d. The property of a person having full criminal immunity, including


his or her vehicle, may not be searched or seized. Such vehicles
may not be searched or seized.

1.) Vehicles may not be impounded or “booted”.

2.) Vehicles may be towed the distance necessary to remove


them from obstructing traffic or endangering public safety.

F. DIPLOMATIC VEHICLES

1. If a vehicle that is owned by a diplomat is suspected of being stolen or


used in the commission of a crime, occupants of the vehicle may be
required to present vehicle documentation to permit police verification of
the vehicle’s status through NLETS.

2. Should the vehicle prove to have been stolen or proved to have been used
by unauthorized persons in the commission of a crime, the inviolability to
which the vehicle would normally be entitled must be considered
temporarily suspended, and normal search of the vehicle, and if
appropriate, its detention, are permissible.

G. SUMMARY OF 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.

2-39.9
2. In some cases, the nearest consular officials must be notified of the arrest
or detention of a foreign national, regardless of the national’s wishes.

3. Consular officials are entitled to access 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.

5. When guardianship or trusteeship is being considered with respect to a


foreign national who is a minor or incompetent, consular officials must be
notified.

6. When a foreign ship or aircraft wrecks or crashes, consular officials must


be notified.

7. In all cases involving foreign nationals, the officer will immediately


notify a supervisor. The supervisor will ensure the Chief of Police, or
his designee is aware of the proceedings and the appropriate
notifications are made.

2-39.10
Mandatory Notification Countries and Jurisdictions

Albania Malaysia
Algeria Malta
Antigua and Barbuda
Armenia Mauritius
Azerbaijan Moldova
Bahamas, The Mongolia
Barbados Nigeria
Belarus Philippines
Belize Poland (non-permanent residents only)
Brunei Romania
Bulgaria
China Russia
Costa Rica Saint Kitts and Nevis
Cyprus Saint Lucia
Czech Republic Saint Vincent and the Grenadines
Dominica Seychelles
Fiji Sierra Leone
Gambia, The Singapore
Georgia Slovakia
Ghana Tajikistan
Grenada Tanzania
Guyana Tonga
Hong Kong Trinidad and Tobago
Hungary Tunisia
Turkmenistan
Jamaica Tuvalu
Kazakhstan Ukraine
Kiribati United Kingdom
Kuwait Uzbekistan
Kyrgyzstan
Zambia
Zimbabwe

2-39.11
Suggested Statements to
Arrested or Detained Foreign Nationals

Statement 1:
When Consular Notification is at the Foreign National’s Option

As a non-U.S. Citizen who is being arrested or detained, you are entitled to have us notify your
country’s consular representatives here in the United States. A consular official from your
country may be able to help you obtain legal counsel, and may contact your family and visit you
in detention, among other things. If you want us to notify you country’s consular officials, you
can request this notification now, or at any time in the future. After your consular officials are
notified, they may call or visit you. Do you want us to notify your country’s consular officials?

Statement 2:
When Consular Notification is Mandatory

Because of your nationality, we are required to notify your country’s consular representatives
here in the United States that you have been arrested or detained. After your consular officials
are notified, they may call or visit you. You are not required to accept their assistance, but they
may be able to help you obtain legal counsel and may contact your family and visit you in
detention, among other things. We will be notifying your country’s consular officials as soon as
possible.

2-39.12
Fax Sheet for Notifying Consular Officers of
Arrests or Detentions
Date:
Time:

TO: Embassy of , Washington, D.C.

Consulate of , ,
(Country) (City) (State)

FROM: Name:
Office:
Street Address:
City:
State:
Zip Code:
Telephone:( )
Fax:( )

SUBJECT: NOTIFICATION OF ARREST/DETENTION OF A NATIONAL OF YOUR


COUNTRY

We arrested/detained the following foreign national, whom we understand to be a


national of your country, on , .

Mr./Ms.
Date of birth:
Place of birth:
Passport number:
Date of passport issuance:
Place of passport issuance:

To arrange for consular access, please call between the hours of and .
Please refer to case number when you call.

Comments:

2-39.13
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: POLICE EQUIPMENT NUMBER: 2-40
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_____________________________________
Chief of Police
VLEPSC STANDARDS: ADM.19.01 ,
OPR.03.03

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Equipment

I. POLICY:

The Lawrenceville Police Department maintains and utilizes numerous police equipment
items. Officers are responsible for the proper check-out, use, and maintenance of this
equipment.

II. PURPOSE:

The purpose of this policy is to outline the proper procedures for officers to check-out, use,
and maintain equipment not permanently assigned. These items may include but are not
limited to a taser, shotgun and patrol rifle.

III. PROCEDURES:

A. Equipment check-out:

1. All items mentioned above, with the exception of permanently assigned


equipment shall be inspected for operational readiness.

2-40.1
2. If an officer discovers any equipment to be inoperative, he/she will notify
the supervisor (in writing) and describe the exact problem. The supervisor
will be responsible for making arrangements for necessary repairs.

3. Batteries, and other required accessories can be obtained from storage


areas or from the supervisor or his/her designee.

4. Officers are responsible for the proper use and care of all equipment items
checked-out to them.

5. The Chief of Police or his designee may authorize the use of department
equipment by other agencies. Similar accountability procedures will be
followed when equipment is loaned out.

B. Calibration of equipment items:

1. The Chief of Police shall designate an officer to serve as equipment


custodian.

2. The equipment custodian is responsible for maintaining equipment


calibrations.

3. Officers issued alco-sensors are responsible for calibrations. The


equipment custodian will conduct semi-annual inspections on all units.

C. Equipment Repairs:

1. All equipment repairs shall be approved by a supervisor.

2. Any alteration or installation of any equipment/radios etc. in the


police units by a police officer is prohibited. All installations or
alterations of any kind are to have prior approval by a supervisor.

D. According to R.R. 1-4, Supervisors conduct formal inspections of officers and


equipment semi-annually. This semi-annual inspection includes all stored agency
property to ensure operational readiness for immediate deployment.

2-40.2
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: ASSET FORFEITURES NUMBER: 2-41
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
______________________________________
Chief of Police
VLEPSC STANDARDS: OPR.03.05

NOTE:

This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in an on-judicial administrative setting.

INDEX WORDS:

Asset forfeiture
Drug enforcement
Narcotics

I. POLICY:

A constitutional amendment to state law permits law enforcement agencies to


benefit directly from the seizures made in narcotics or drug investigations. Formerly, in
order to receive financial assistance through seized assets, law enforcement agencies had to
use the federal forfeiture process. We intend to aggressively enforce narcotics and
dangerous drug laws, and where our personnel make a substantial seizure of property
according to state law, we may begin forfeiture proceedings. Whatever assets we recover
through the forfeiture process, whether money or property, will be applied to legitimate
enforcement needs, primarily to carry out other drug enforcement strategies. Under no
circumstances will personnel select enforcement targets because of the expected financial
gain accruing to the department: enforcement strategies are not dictated by profit.

2-41.1
II. PURPOSE:

The purpose of this general order it to outline the department's participation in asset
forfeitures from drug enforcement cases, and to state responsibilities of the asset forfeiture
coordinator.

III. DEFINITIONS:

A. Asset Forfeiture Coordinator (AFC): the officer designated by the chief to be


conversant in state forfeiture law (to wit, Virginia Code Chapter, particularly
Sections 19.2-386.1 through .22), to identify assets in case records and implement
legal process to appropriate these assets for department use. The AFC will also
perform as liaison to the Forfeiture Asset Dispute Committee, Criminal Justice
Research Board, to other state and federal agencies, and to the courts, as needed.

B. Designated seizing agency: the agency or office which initiates the seizure, or
which retains possession of the seized property. The designated seizing agency may
be the agency chosen by mutual decision of the participating agencies.

C. Assets: Includes both in-kind property and proceeds. In-kind property consists of
whatever an agency can put to immediate use. Anything of value seized in
association with a drug transaction is an asset for purposes of this order. Proceeds
refer to whatever money is raised through sale of property of a kind not immediately
useful.

IV. PROCEDURES:

A. Responsibilities of the Asset Forfeiture Coordinator (AFC).

1. Reviews all police reports to identify property subject to forfeiture.

2. Ensures that all seizures for forfeitures are reported to the Department of
Criminal Justice Service

3. Reports to the Chief of Police on all matters pertaining to forfeiture


proceedings.

4. Chooses and coordinates with vendors hired to manage seized property.

5. Coordinates, where possible, with other agency representatives, as


designated by the chief, for "pre-seizure" planning meetings to evaluate
target assets to ascertain ownership and the existence of liens or
encumbrances.

2-41.2
The planning effort will make every reasonable effort to identify innocent
lienholders to avoid inconveniencing them.

If the agency wishes to participate in state forfeiture procedures, the AFC shall:

6. Coordinate with the commonwealth's attorney to enter a default judgment


against persons who fail to respond to the court within 30 days to defend
against seizure of their property.

7. Apply to DCJS for return of in-kind property for legitimate law enforcement
use.

8. Coordinate with the commonwealth's attorney, or other officials as necessary


to obtain a commercial sale of property in appropriate cases.

9. Coordinate with other agencies participating in a regional drug enforcement


task force to agree on which agency will become the designated seizing
agency for purposes of forfeiture proceedings. Negotiate with participating
law enforcement agencies for a suitable division of assets.

a. Where agencies seize property pursuant to membership in a regional


task force, the AFC will forward to DCJS a copy of the interagency
agreement or contract that authorizes the task force.

b. The AFC will assist inter-jurisdictional coordination to ensure that


localities maintain separate forfeitures accounts and auditing
procedures. Similarly, the AFC will track cases in which the
department is involved but is not the primary seizing agency.

10. Ensure that the locality's certification (that the proceeds will be used for law
enforcement purposes only and will not supplant existing resources) is
submitted to DCJS, and renewed annually by the county/city manager.

11. Ensure that money seized is forwarded to DCJS in check form. Coordinate
with the town treasurer, as necessary.

B. The Chief of Police or his designee shall:

1. Prepare checks to DCJS as soon as possible upon receipt by the agency of


forfeited funds from drug transactions.

2. Prepare and maintain records on all property accruing to the agency through
drug forfeitures and retain these records for a minimum of three years.

2-41.3
3. Annually conduct an audit of all property seized attendant to drug
transactions, including an audit of all property subjected to forfeiture
proceedings. Forward a copy of all audits to DCJS upon request.

4. Compile and retain a file of all receipts for cash or property obtained and
sold or otherwise disposed of through asset forfeitures procedures.

5. Ensure compliance with state and federal guidelines for asset forfeiture.

C. If the agency elects to pursue forfeiture through federal proceedings, then the
AFC will not notify DCJS.

2-41.4
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: COMPUTER AND NUMBER: 2-42
WIRELESS DEVICES
EFFECTIVE DATE: REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
______________________________________
Chief of Police
VLEPSC STANDARDS: OPR.01.06

Note:

This general order is for internal use only, and does not enlarge an officer’s civil
or criminal 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 this department, and then only in a non-judicial administrative
settings.

Index Words:

Town’s computer hardware, software


Wireless devices
Electronic Mail (e-mail)
World Wide Web (Internet)
Mobile Data Terminal (MDT)

I. Policy:

The Lawrenceville Police Department endorses and supports all Town policies
and procedures regarding computer use and security. This office further supports all
applicable state and federal copyright laws and the license agreements of software
manufacturers. In addition, this office requires that wireless communication devices be
operated and controlled under specific guidelines.

2-42.1
II. Purpose:

To establish department guidelines regarding the purchase, use, maintenance, and


inspection of Police Department computer hardware, software, and wireless
communication devices.

III. Records Management System

A. All Police Department personnel have access to the Records Management System
(RMS). This is accomplished through the utilization of an assigned user I.D. and
a user-defined password.

B. While using the Record Management System, all personnel will adhere to the
following policies and procedures:

1. Under NO CIRCUMSTANCES will any member of this office give their


password to anyone else (exception as identified in IV.A.4, below) or
allow anyone else to log on to the system using their personal information.

2. Personnel will log off the system when leaving their terminal.

3. In the case of a forgotten, lost or compromised password, the system


administrator must be notified. The system administrator will then issue a
new or reset the password that the user must immediately change to a
user-defined password at their next-login.

4. Personnel will not attempt to gain access to Records Management options


that they are not authorized to perform.

5. All personnel shall comply with all state and federal laws regarding proper
dissemination of data retrieved. This specifically applies to information
gained from the VCIN/NCIC link, as governed by VA Code 19.2-389.

6. At no time will personnel make any changes to Record Management


System terminal configuration, physically move a terminal, or connect a
new terminal without prior approval from the systems administrator.

IV. Computers - General

The Lawrenceville Police Department maintains a system that expands the use of
personal computers used by the employees. This enables users of personal
computers to communicate through electronic mail, access the World Wide Web
through the Internet, and utilize additional data files. All computers, computer
files, the e-mail system, and all the software furnished to employees are the
property of the Town of Lawrenceville and are intended for business use only.

2-42.2
Personal used shall be keep to a minimum and at all times a professional persona
should be shown.

All Department employees receive a Town of Lawrenceville Personal Policy


Handbook. Employees will adhere to all rules and regulations covered under
section II, B (Computer Systems Acceptable Use Policy).

A. Personal Computer Use: (Desktop and Laptop)

1. Personnel shall understand and comply with copyright laws and specific
license agreements of all town software which they use and which they
have access.

2. Maintenance, hardware enhancements, and software are the responsibility


of the system administrator. At no time, will personnel install or remove
computer hardware or software without the approval of the systems
administrator.

3. Under no circumstances will personnel give or sell a copy of town


software to another person. Violation will result in personnel action.

4. At all times, Police Department computers will be available for


maintenance and inspection purposes. Passwords and changes will be
kept on file with the system administrator, the Chief of Police and/or the
agency VCIN Administrator.

B. Electronic Mail (e-mail)

1. E-mail on the Department computer is not private and will typically


constitute a public record under the Virginia Freedom of Information Act
(FOIA).

2. E-mail messages should be for the purpose of conducting department


business or communication with outside resources. Personal use shall be
keep to a minimum and at all times a professional persona should be
shown.

3. Inappropriate e-mail messages may cause an employee to be subject to


discipline.

4. E-mail messages that contain programs that will execute in memory


(example: filename.exe) will not be opened and executed on Police
Department computers without prior permission, in writing, from the
systems administrator. Such files may carry viruses capable of causing
damage to computer hardware and software.

2-42.3
C. World Wide Web (Internet)

1. All internet data that is composed, transmitted, or received via the


department computer system is considered to be part of the official records
of the Lawrenceville Police Department and, as such, is subject to
disclosure to the System Administrator or Chief of Police at anytime.

2. Police Department personnel who access the Internet must abide by


copyright, contract, and other local, state, and federal laws, as well as
town policies.

3. At no time, will programs that will execute in memory be downloaded


from the Internet or any other online source, without prior permission
from the system administrator.

4. PC’s configured to query VCIN/NCIC must be in compliance with VCIN


regulations. Adherence to this item is the responsibility of the agency
VCIN Administrator.

V. Wireless Devices:

Definition: Wireless devices refer to all devices that transmit voice, data, or signals via
radio signal. These devices include cellular telephones, pagers, and mobile data
computers.

A. Departmental cellular telephones:

These devices are issued to carry out the mission of the Police
Department. Personal use shall be keep to a minimum. In the case of a
lost or stolen cell phone, a supervisor shall be notified immediately.

The use of cell phones while driving should be kept to a minimum to limit
driver distraction. Cell phones shall not be used, except in extreme
emergencies, when operating a police vehicle during an emergency
response situation.

B. Mobile Computer

1. VCIN inquires will only be made on the computer by level C or above VCIN
certified operators.

2. Virginia Code 19.2-389 governs all VCIN inquires and disseminations. All
operators will comply with these laws regarding data retrieved from the
mainframe.

2-42.4
3. As a general rule, officers operating a Lawrenceville Police Department
vehicle equipped with a computer should refrain from operating it while the
vehicle is in motion. There are times, however, when the need for information
is critical to the performance of duty. In these cases, officers are advised to
use extreme caution when operating the computer while the vehicle is in
motion.

4. The computers and installed software have been configured for optimal
performance. Officers may not modify any of the computer settings,
including but not limited to, sounds, menus, appearance, internet settings, and
security settings, or install unauthorized software.

5. Prior to disposing of any computer equipment utilized in obtaining and/or


disseminating criminal justice information through VCIN/NCIC, the System
Administrator will ensure the hard drive is erased to prevent the unlawful
access of such information by unauthorized individuals.

2-42.5
LAWRENCEVILLE POLICE DEPARTMENT

GENERAL ORDERS
SUBJECT: AUTOMATED EXTERNAL Number: 2-43
DEFIBRILLATORS (AED)
EFFECTIVE DATE: REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
_______________________________
Chief of Police
VLEPSC STANDARDS: PER.10.02

NOTE:
This general order is for internal use only, and does not enlarge an
officer’s civil or criminal 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 this department, and
then only in a non-judicial administration setting.

INDEX WORDS:

AED (Automated External Defibrillators)

I. POLICY:

Employees of the Lawrenceville Police Department are charged with enforcing the
law as well as protecting life, limb and property. This includes assisting with
medical responses as appropriate. This response shall be in accordance with the
training provided to the members of the Police Department.

II. PROCEDURE:

Members of this office shall be trained in first aid and CPR (cardio pulmonary
resuscitation), and the use of automated external defibrillators (AED). First aid
equipment and supplies shall be a standard part of the equipment assigned to all
patrol vehicles.

1. Use of equipment – All equipment shall be used in accordance with the training
provided and with the instructions as provided by the trainer or manufacturer.

2. Training – Training shall be provided in accordance with the standards of either


the Red Cross or the American Heart Association or the currently accepted training
program. This training shall include the appropriate and proper use of all equipment
involved in the training sessions. Training shall be documented in accordance with
agency policy.

3. Routine testing of equipment – Routine testing shall include the inspection and
testing of the AED and the inspection of first aid equipment and supplies.

Maybe change training to following manufacturer’s instructions


LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: COMMUNICATIONS NUMBER: 2-44
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
______________________________________
Chief of Police
VLEPSC STANDARDS: ADM.24.01-
24.10

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Computer Aided Dispatch


Dispatcher
Radio communications

I. POLICY:

The Lawrenceville Police Department is part of the Brunswick County Emergency


Communications Center (ECC). The ECC is managed by the Brunswick County Sheriff’s
Office. The ECC is responsible for all radio, telephone, teletype and automated data
communications.

II. PURPOSE:

The purpose of this policy is to outline the guidelines and procedures for the department’s
communications function.

2-46.1
III. PROCEDURES:

A. Communications Supervisor:

1. The dispatchers are supervised by the Brunswick County Sheriff’s Office


911 Coordinator / Chief of Communications.

2. The Chief of Communications manages the daily operation of the


dispatchers and monitors their performance and adherence to proper
procedures.

B. Dispatcher responsibilities:

1. Dispatchers operate on 12 hour permanent shifts and provide twenty-four


hour coverage of the communications function.

2. The dispatcher is responsible for the following:

a. Radio communications: This includes communications for


police, fire and rescue.

b. Telephone communications: The department provides 24-


hour telephone number access for non-emergency and emergency
911 calls for service.

c. Teletype and automated data communications: This


includes VCIN and NCIC entries and DMV requests. (All housed
by BCSO)

d. Alarm monitoring: Alarms are relayed by alarm


companies to the dispatcher.

3. The dispatcher has immediate access in the dispatch center to the


following information:

a. Officer in charge

b. Duty roster of all personnel, and duty schedule for shifts

c. Residential telephone numbers of all department and town


employees

d. Visual maps detailing the department’s service area

2-46.2
e. Police, fire, and rescue unit status information (through
Computer Aided Dispatch [CAD] system)

f. Written procedures and telephone numbers for procuring


emergency and necessary external services for the department

g. Tactical dispatching plans (contained in general orders)

C. Compliance with applicable radio procedures:

1. All department radio operations are conducted in accordance with


applicable Federal Communications Commission (FCC) and Statewide
Interdepartmental Radio System (SIRS) procedures.

2. Copies of broadcast licenses are maintained in the dispatch center.

D. Dispatch center:

1. The dispatch center is located at the Brunswick County Sheriff’s Office


and is restricted to personnel who have access to VCIN/NCIC/DMV
information.

2. A sign limiting access is posted on the inner security door to the dispatch
center. This door will remain closed and locked at all times.

3. Civilians requiring information from the dispatcher shall go to the security


window and request assistance over the intercom. Individuals authorized
access to the administrative offices, but not the dispatch center, may speak
to the dispatcher at the inner security door.

4. The dispatcher is responsible for the proper care and use of all equipment
in the dispatch center. Food and drinks are prohibited at the console.

5. In case of equipment failures within the dispatch center, the dispatcher


shall notify the supervisor on duty. He/she shall notify the appropriate
agencies to arrange for its expeditious repair. When equipment will be out
of service for an extended period of time, the dispatcher should utilize the
resources of the Brunswick County Sheriff’s Department or Virginia State
Police to process immediate requests for information.

6. In case of a power failure, continuous emergency communications


capabilities are ensured through the secure back-up generator. BCSO is
responsible for the maintenance and periodic testing of the generator.

2-46.3
E. Radio communications:

1. Officers and other emergency services personnel shall notify the


dispatcher of any changes in their status (i.e.: out of service, en route, on
scene, etc.). The dispatcher shall check on officers’ status during calls
when prompted by the CAD system.

2. Units shall broadcast their call signs and await acknowledgment from the
dispatcher before proceeding with the remainder of their broadcast.

3. The dispatcher shall make the appropriate entries in the CAD system.

4. Dispatchers shall follow established FCC and SIRS procedures when


communicating with other agencies.

5. In cases of emergency calls for service, the dispatcher will assign an


officer to respond. The circumstances will dictate if additional sworn
personnel may be requested to respond to any given situation.

6. The dispatcher shall notify a supervisor or the chief to respond to those


special situations outlined in general orders.

7. In emergency situations (10-33) requiring an immediate response from all


available law enforcement resources, the dispatcher shall broadcast a 10-
33 request for assistance over SIRS and page all sworn department
personnel. If time dictates and the situation requires it, the dispatcher may
utilize the telephone to contact Virginia State Police dispatch and/or
surrounding jurisdictions.

F. Processing calls for service: Also refer to specific dispatcher responsibilities for
situations outlined in GO 2-10B (Vehicle pursuits), 2-14 (Alarm response), 2-25
(Hostages), 2-27 (Bomb threats), 2-28 (Civil disturbances), 2-29 (Disasters), 2-30
(Victim services), 2-32 (Child abuse), 2-33 (Sexual assault), and 2-34 (Domestic
violence).

1. The dispatcher is notified of calls for service by walk-in complainants,


telephone calls, and radio broadcasts.

2. Upon initiation of a call for service, the dispatcher shall make the
appropriate entries in the CAD system. This information should include:

a. Control number, date and time of request (automatically handled


by CAD)

2-46.4
b. Name, address, and telephone number of complainant

c. Type of incident reported

d. Location of incident reported

3. As soon as the dispatcher has obtained all relevant information, he/she


shall broadcast the call over the radio to police, fire, or rescue personnel
as appropriate. Police units shall be informed of all fire and rescue calls
within the town limits. The dispatcher shall inform responding units of
any previous calls involving the address, as indicated by CAD. In the case
of fire and rescue calls, personnel may have to be paged out to respond.
The dispatcher will make a CAD entry indicating when pages were sent
and what responses were received. If no fire or rescue units respond to
pages or if additional resources are needed the dispatcher shall follow
guidelines set forth in mutual aid agreements to request assistance from
other agencies.

4. Units responding to the call shall notify the dispatcher by radio when they
are en route, on scene, and clear from the incident. After each notification
from a responding unit, the dispatcher will make the appropriate CAD
entries. CAD will track which units are assigned to the call and
automatically record when the units were dispatched, arrived, and cleared.

5. Once units have cleared from a call, they shall notify the dispatcher of the
disposition or status of the incident. The CAD system then assigns a call
number for the incident. The dispatcher will print a call sheet for each
incident.

6. CAD data is retained for a period of ten years or as computer hardware


limitations dictate.

G. Officer-initiated calls:

1. Officer-initiated calls can include traffic stops, field interviews,


disturbances, or other suspicious situations.

2. When this occurs, the dispatcher shall initiate a CAD entry and follow the
applicable steps as outlined in section F. (Exception: traffic stops are not
assigned incident numbers).

3. When officers request VCIN/NCIC/DMV information, the dispatcher


shall indicate the information requests in the CAD log for that call.
Dispatchers shall inform officers of all previous traffic stops involving

2-46.5
vehicles, as indicated by CAD.

4. In the case of traffic or other violations, the officer shall notify the
dispatcher of the enforcement action taken (i.e.: summons or warning),
and the dispatcher shall indicate this in the CAD log.

5. When officers call in security checks, the dispatcher need only list the
checks as a note in the CAD log.

H. Dispatch recordings:

1. The dispatch center maintains the capability of immediate playback of


recorded telephone and radio conversations while it maintains continuous
recording of radio transmissions and emergency telephone conversations
within the dispatch center.

2. Audio records are retained for a minimum of sixty days before tapes are
recycled.

3 Audio records are stored in a secure manner, and only those individuals
designated by the Chief of Police shall have access to them.

4. The Chief of Police or his designee determines when tapes are to be


reviewed.

2-46.6
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: RECORDS MANAGEMENT NUMBER: 2-45
EFFECTIVE DATE: 4/25/2014 REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
______________________________________
Chief of Police
VLEPSC STANDARDS: ADM 25.01-25.12

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Records, criminal
juvenile
management of
warrants

I. POLICY:

The Lawrenceville Police Department participates in the National Uniform Crime


Reporting/Incident Based Reporting system and reports data via the Virginia Central
Criminal Records Exchange.

II. PURPOSE:

The purpose of this general order is to explain the departments’ record keeping system.

III. PROCEDURES:

A. Incidents required to be reported:

The Lawrenceville Police Department will report/document the following


incidents that are alleged to have occurred within the jurisdictional limits of the

2-47.1
Town of Lawrenceville as well as those that a Lawrenceville Police officer are
assigned outside of the town limits, when requested to do so by the Brunswick
County Sheriff’s Office, Virginia State Police, or another law enforcement
agency.

1. Citizen reports of crime to include reports where the jurisdiction can not
be determined;

2. Citizen complaints;

3. When an officer is dispatched or assigned;

4. Criminal and non-criminal cases initiated by law enforcement officers;

5. Incidents involving arrests, citations, or summonses.

B. Criminal Record System:

The criminal record system of the Lawrenceville Police Department/Brunswick


County Sheriff’s Office is compatible with the requirements of the Virginia
Central Criminal Records Exchange and records are accessible 24 hours a day.

C. Automation (Departments Computer System):

1. The Lawrenceville Police Department/Brunswick County Sheriff’s Office


Computer System maintains an alphabetical master name index. The
following files are maintained:

a. Incidents by type:

b. Incidents by location; and

c. Stolen, found, recovered and evidentiary property files.

d. Incidents by date and time.

2. The Departmental Records Management System (RMS) is linked with the


dispatch terminal, computer aided dispatch (CAD), which assigns a unique
number to all complaints as well as a unique case number to every
reportable incident.

2-47.2
D. Field Reports:

1. The following reports and the information blocks on them will be filled
out if applicable. All officers are required to fill out the following field
reports for any criminal investigation that they respond to or initiate as
well as any vehicle accident:
a. Accident report (FR 300P)

b. Incident report and supplemental report

c. Request for Laboratory Examination (DGS 70-0001)

d. CCRE (SP-180)

2. All reports will be reviewed by the Chief or his designee.

a. The Sergeant will submit the report back to the officer for
corrections, if needed;

b. Or forward to the Chief for review who will subsequently forward


to the police secretary for processing and filing.

c. The Chief will brief the Town Manager on all significant incidents;

E. Privacy and Security of Records:

1. All records on adults and juveniles will be filed with the data entry clerk,
who will maintain them in a secure file cabinet.

2. Records maintained on adults and juveniles will not be released to anyone


except authorized officers or employees of criminal justice agencies;
except for those records/documents requested under FOIA standards or
through a discovery process. All requests by either of these processes
shall be forwarded to the Chief of Police.

3. Adults:

a. Arrest records are maintained inside of the administrative


assistant’s office and the security and control of the arrest records
is the responsibility of all employees.

b. Completed case files, fingerprints and photographs of an adult will


be given to the administrative assistant, who will place them in a
secure file cabinet.

2-47.3
c. The administrative assistant will maintain physical security of the
records and control access to the files.

d. When the court orders an expungement, the administrative


assistant will delete all computer data related to the individual, pull
all records and place them in a sealed envelope, assign a number to
be placed on the outside of the envelope, corresponding to a secure
expungement list of names. The sealed envelope will be placed in
a separate file with access only by order of the court.

4. Juveniles:

a. Completed arrest files, fingerprints and photographs of a juvenile


will be given to the administrative assistant, who will place them in
a secure file cabinet separate from the adult records.

b. The administrative assistant will maintain physical security of the


records and control access to the files.

c. The administrative assistant maintains juvenile arrest records in


accordance with the Library of Virginia and Code of Virginia
directives.

E. Fingerprinting/Photographing/Case Files:

1. Anytime that an individual is arrested, a CCRE (SP-180) and department


fingerprint card will be completed. The arrestee will be photographed and
entered into the arrest module in RMS.

2. The computer generated case number will become the OCA and the
incident number for the CCRE.

F. Traffic Record System:

1. Traffic Accident Data:

All officers of the department use state form FR300P, to record traffic
accident data/information. This report is turned in for review. When
accepted, it is turned over to the administrative assistant for filing and safe
keeping.

2-47.4
2. Citations/Arrest/Summons:

All citations/arrests/summons issued for traffic offenses are entered in the


Records Management System (RMS), and reports may be retrieved from
the system in many different forms.

3. Roadway Hazard Reports:

All reports of roadway hazards are entered as a complaint into the


Computer Aided Dispatch (CAD) system and can be retrieved to generate
hazard reports when necessary.

4. Enforcement Analysis:

Information from concerned citizens as well as from any of the above


sources can be compiled so that a complete analysis can be done on traffic
accidents and locations where more traffic enforcement is needed.

G. Warrants and Wanted Person Files:

1. Warrants and wanted person files are maintained by the Brunswick


County Sheriff’s Office and stored in the Emergency Communications
Center. This office is occupied and under the control of the dispatchers.

2. Warrants are stored in the ECC and are accessible 24 hours a day.

3. The data entry clerk enters all warrants into the warrant module of the
departments’ computer system. Disposition is then added as the warrant is
served.

4. The CAD cross-references the warrants and the master name index.

5. All outstanding warrants, where service is being attempted, are physically


kept in a file along with other documents awaiting due process. This is
part of the Document Control System.

6. The wanted person file contains those warrants that are outstanding and
have not been served. The records are retained until the file is purged in
accordance with Code of Virginia 19.2-76.1.

7. Prior to placing a warrant into the wanted person file, the dispatcher or the
data entry clerk enters the wanted person into VCIN/NCIC. These entries
are made in compliance with the VCIN Operating Manual and the NCIC
Operating Manual, as well as verifying the information and canceling the
information.

2-47.5
8. Any notice received from other jurisdictions, BOL’s or wanted person
notices are typed into cad and maintained.

H. Records Retention Schedule:

All records are retained indefinitely in the department’s archival system. If /


When adequate storage area becomes an obstacle, items will be disposed of in
accordance with the schedules published by the Commonwealth of Virginia,
Records Management Division, “Records Retention and Disposition Schedules.”

2-47.6
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: LEGAL PROCESS AND NUMBER: 2-46
DOCUMENT TRACKING
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
______________________________________
Chief of Police
VLEPSC STANDARDS: OPR. 12.01 –
12.05

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Document Control System (DCS)

I. POLICY:

The proper handling of all legal documents, in accordance with Code of Virginia 15.2-1704,
that are received by the West Point Police Department, is a shared responsibility that rests
not only with the Chief of Police, but with all department personnel who receive, handle, file
and serve these documents. The legal process in the West Point Police Department involves
the serving of various legal papers received from the King William General District
Court/Juvenile and Domestic Relations Court/Circuit Court, or other law enforcement
agencies or courts in other jurisdictions.

The papers received from these various courts/agencies are papers that are for citizens who
reside inside the limits of the Town of West Point, Virginia.

The West Point Police Department may serve legal papers that are related to criminal
incidents as well as Emergency Protective Orders, Temporary Detention Orders and
Emergency Custody Orders. These papers will be served on a timely basis.

2-48.1
II. PURPOSE:

To establish control and service procedures for legal documents received by the department
and to lay foundations of a document control system.

III. PROCEDURES:

A. Document Control System (DCS):

1. Designated administrative personnel will be responsible for entering the


document into the document control system.

2. All legal documents coming into the control of the West Point Police
Department will be entered into the departmental computer system,
warrants module by administrative personnel after the document is served.
Each Officer is responsible for initiating a tracking paper to any document
that leaves the office for service.

B. Computer Aided Document Control System:

The department record management system contains a warrant module. The


warrant module contains a data base where information and types of documents
described below are entered/stored:

1. Criminal case identification

2. Date and time document was received

3. Type of document (warrant, capias, ECO, TDO, etc.)

4. City or County of origin of the document

5. Name of complainant or defendant

6. Officer serving the document, and date of assignment

7. Date served

8. Location and method of service

9. Reason for non-service

Tracking Paper

2-48.2
Legal papers that come into the control of the West Point Police Department to be
served will be assigned a tracking paper when the document must be taken out of
the office for service.

It is the responsibility of the officer to be sure there is a tracking paper for any
document they need to serve. Until the document is served the tracking paper will
remain in the designated file under the administrative personnel box. The
Sergeant will maintain the tracking paper with a copy of the warrant after service
or attempted service. The tracking paper will contain:

1. Type of paper: warrant, capias, TDO, ECO, petition

2. Person to be served

3. Charge

4. Notification of Communications and VCIN entry

5. Name of serving officer

6. Date of service or attempted service

7. Reason for Non-Service

C. Access/Control of Criminal Documents:

1. The current record system maintained for criminal warrants, capias,


detention orders and police summonses provides for a 24 hour access to
these documents through King William Sheriff’s Office Communications
Center.

2. Should the document not be served prior to end of shift, the officer
assigned the document, will provide the document to the on-coming
officer and sign it over using the tracking paper.

3. At no time will a document remain with any officer during his off-duty
hours.

4. If the officer(s) attempting to serve the document discovers the defendant


has left the jurisdiction, or is incapacitated (i.e. hospital), such information
should be included on the tracking paper and the document returned to
King William Sheriff’s Office.

D. Execution of Criminal Documents:

2-48.3
1. Virginia statutes and departmental policy govern the execution of criminal
documents to include:

a. Types of warrants to be executed – see paragraph above

b. Territorial limitations upon execution - see G.O. 2-1

c. Time requirements for execution – See paragraph below

d. Issuance of summons in lieu of arrest – See G.O. 2-1, G.O. 2-21,


and Sec. 19.2-74, Code of Virginia.

e. Use of force – See G.O. 2-7

f. Immunity from arrest – See G.O. 2-21, 2-39

g. Acquired Property Disposition:

(1) Claimed – Released to Owner – See G.O. 2-18

(2) Unclaimed – Sec. 15.2-1719, Code of Virginia and G.O. 2-


18

(3) Unlawful Property – See G.O. 2-18

2. Arrest warrants (misdemeanor and felony), capias and detention orders


will be served by sworn law enforcement officers only (sec. 19.2-72, Code
of Virginia).

3. Normally, criminal documents will not be served between the hours of


0001 – 0500 except in the following cases:

a. Felony warrants shall be served at any time the defendant can be


located.

b. Priority attention will be given to arrest warrants issued due to a


defendant’s failure to appear in court. Quick action in serving such
warrants can significantly increase the likelihood of apprehension.

c. If there is reason to believe that an individual for whom there is an


outstanding warrant, capias or detention order may be a danger to
themselves or others, or may flee from the jurisdiction, execution
shall be made when the individual is located, regardless of the
hour.

2-48.4
d. Officer makes an on-site arrest – warrants obtained will be
executed immediately.

4. Information pertaining to unsuccessful attempts to serve a criminal


document will be listed on the tracking paper.

a. Name of person to have been served

b. Officer’s name who attempted service

c. Date and time

d. Reason for Non-Service

E. Mail Correspondence/Teletype Correspondence

1. Misdemeanor warrants (minor, non-violent)

Whenever a misdemeanor warrant/summons is sent to another jurisdiction


for service:

a. The warrant/summons will be faxed or mailed to the law


enforcement agency in which the person to be served resides.

2. Felony warrants

a. In cases when a felony warrant is on file and available information


indicates that the subject is located within the state, the
investigating officer will have the dispatcher send a teletype
message to the jurisdiction with information to include:

(1) Wanted person(s) name

(2) Description

(3) Charge

(4) Address where subject may be located

b. If available information indicates that the suspect may be located


outside of the state, the following steps must be taken:

(1) Commonwealth Attorney will be contacted to confirm or


decline extradition.

2-48.5
(2) If extradition is confirmed, a teletype message will be sent
(including the same information as above) to the police
agency explaining the circumstances.

(3) If the subject is arrested by the agency, the investigating


officer must send a copy of the felony warrant to the police
agency making the arrest.

c. If a felony warrant has been issued and there is no information


available indicating the suspect’s location, but it is suspected that
the suspect has left the town:

(1) The Commonwealth Attorney will be contacted to confirm


or decline extradition.

(2) If extradition confirmed, felony warrant information will be


entered into VCIN/NCIC files in accordance with VCIN
manual guidelines.

(3) Officers traveling to other jurisdictions to pick up arrested


suspects will transport them in accordance with guidelines
established in G.O. 2-9.

3. Criminal Documents received:

a. Criminal documents received from other jurisdictions will be


handled as follows:

(1) Entered into Warrant module after service

(2) Assigned to an officer on duty

(3) A Tracking Paper will be initiated and the Tracking Paper


placed in the appropriate folder until served. Once served,
the Tracking Paper and a copy of the served warrant will be
given to the Sergeant.

(4) The served document will be returned to the originating


agency.

(5) If not served in 7 days, the warrant will be sent back to


requesting jurisdiction following the same procedure
outlined in E-3a(4) above.

2-48.6
b. If it is determined that the defendant listed on a criminal document
from another agency does not reside within the Town of West
Point, the document will be destroyed or returned at the request of
the originating agency. Notation will be made on the Paper
Tracking Log.

F. Purging:

1. King William Sheriff’s Office purges criminal documents from the files in
accordance with section 19.2-76.1 of the Code of Virginia.

F. Civil Papers:

Emergency Custody Orders, Temporary Detention Orders and Emergency Protective


Orders are the only civil papers served by West Point Police Department and
originate from an investigation, or from a citizen requesting one from a
magistrate. Other civil papers received via fax or U.S. Mail will be returned to the
originating agency, destroyed at the request of the originating agency, or
forwarded to King William Sheriff’s Office for service at the request of the
originating agency. Documentation of return, destruction or
forwarding will be made on the Paper Tracking Log.

WEST POINT POLICE DEPARTMENT


PAPER TRACKING LOG

2-48.7
Date Type of Paper Originating Contact Person at D F R Date
Received paper Identifier Agency Originating Agency

2-48.8
LAWRENCEVILLEPOLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: LINE-OF-DUTY DEATHS NUMBER: 2-47
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
_______________________________________
Chief of Police
VLEPSC STANDARDS: ADM.23.04

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

INDEX WORDS:

Death, Line of Duty

I. POLICY:

It is the policy of this department to provide liaison assistance to the immediate survivors
of an active duty officer who dies 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 department for the event of an active duty officer’s
death in the line of duty and to direct the department in providing proper support for the
deceased officer’s family.

III. DEFINITIONS:

A. Line-of-Duty Death: The death of an active duty officer by felonious or


accidental means during the course of performing police functions while on- or
off-duty.

2-49.1
B. Survivors: Immediate family members of the deceased officer to include
spouse, children, parents, siblings, fiancee, and/or significant others.

IV. PROCEDURES

A. Death notification:

The following procedures should be adhered to in cases of line-of-duty deaths and


in cases of critically injured officers with poor prognosis of survival. These
procedures should be followed whenever possible with the understanding that the
wishes of the family take precedence over the desires of the department. Officers
providing services and assistance to family members and survivors shall take all
possible measures to accommodate their needs, wishes, and desires, but should
not make promises that they are not sure can be met.

1. The name of the deceased officer shall not be released to


the media or other parties before immediate survivors living in the area
are notified.

2. The Chief of Police or his designee shall inform the


immediate family of the officer’s condition or death. If not immediately
available, the senior ranking officer will make the contact or notification.

3. Notification of the immediate family should be made as


soon as possible and, if possible, coincidental with command notifications.

4. Notification of survivors in the immediate area shall be


made in person and, whenever appropriate, with another person such as
the family’s clergy, rabbi, or other religious representative. Whenever the
health of immediate survivors is a concern, emergency medical services
personnel shall be requested to stand by.

5. If the opportunity to get the family to the hospital exists


prior to the officer’s death, notification officers shall inform the hospital
liaison officer that the family is on its way. In such cases, immediate
transportation should be provided for survivors rather than waiting for any
other members of the departmental delegation to arrive. If the officer has
died, notification should be made to the survivors in as forthright and
empathetic manner as possible.

6. Communication of information concerning the officer and


the incident shall, whenever possible, be restricted to avoid interception

2-49.2
by the media or others. Should the media obtain the officer’s name
prematurely, the ranking officer should request that the information be
withheld until proper notification of survivors can be made.

7. The notification officer shall be responsible for


identification of additional survivors outside the area and shall make any
notifications as desired by the immediate family. Such notifications shall
be made by contacting the law enforcement agency in that jurisdiction and
requesting that a personal notification be made.

8. The notification officer shall submit a written report to the


Chief of Police specifying the identity, time, and place of survivors
notified.

B. Assisting survivors at the hospital:

Whenever possible, the Chief of Police shall join the family at the hospital
in order to emphasize the department’s support. The next highest ranking officer
to arrive at the hospital shall serve as or designate a hospital liaison officer who
shall be responsible for coordinating the arrival of immediate survivors,
departmental personnel, the media, and others and assume the following
responsibilities:

1. Arrange for waiting facilities for immediate survivors and a


separate press staging area. The desires of the surviving family members
should be followed with regard to their accessibility to other officers and
friends.

2. Ensure that medical personnel provide pertinent medical


information on the officer’s condition to the family before other parties.

3. Assist family members, in accordance with their desire, in


gaining access to the injured or deceased officer.

4. Provide hospital personnel with all necessary information


on billing for medical services. The liaison officer should ensure that all
medical bills are directed to the appropriate departmental authority, and
that they are not forwarded to the officer’s family or other survivors.

5. Arrange transportation for the family and other survivors


upon their departure from the hospital.

6. Ensure that immediate family members are provided with

2-49.3
appropriate assistance at the hospital.

C. Appointment of department coordination personnel:

The designated department officer(s) shall begin serving in the following


capacities: department liaison, funeral liaison, benefits coordinator, and family
support advocate. These assignments will be made in writing to departmental
personnel, and the surviving family members will be informed of those
designated. In addition, the Chief of Police or his designee will:

1. Make additional personnel assignments to assist in


handling incoming telephone calls and inquiries and to direct the public to
appropriate personnel.

2. Ensure that the employee assistance program is


implemented to assist surviving family members and emphasize the
family’s right to psychological services.

3. Ensure that other officers are provided the opportunity to


participate in critical incident stress debriefings.

D. Department liaison:

The department liaison officer will serve as a facilitator between the


family and the law enforcement agency. This individual will normally be a
ranking officer in order to expedite the tasks of employing department resources
and the delegation of assignments. This officer will work closely with the funeral
liaison officer to ensure that the needs and requests of the family are fulfilled.
This includes, but is not necessarily limited to, the following:

1. Providing oversight of travel and lodging arrangements for


out-of-town family members.

2. Identifying alternative churches and reception halls that


will accommodate the law enforcement funeral. These alternatives will be
presented to the family, who will make the final determination.

3. Coordinating all official law enforcement notifications and


arrangements to include the honor guard, pallbearers, traffic control, and
liaison with visiting law enforcement agencies.

4. Assisting family members in dealing with general media


inquiries and informing them of limitations on what they can say to the

2-49.4
media specifically.

5. Providing liaison with the media to include coordination of


any statements and press conferences. The departmental liaison shall also
ensure that members of the agency are aware of restrictions regarding
release of any information that might undermine future legal proceedings.

6. Ensuring that security checks of the survivor’s residence


are initiated immediately following the incident and for as long as
necessary thereafter.

E. Funeral liaison:

The funeral liaison officer acts as facilitator between the decedent


officer’s family and the department during the wake and funeral. The funeral
liaison officer is responsible for the following:

1. Meeting with family members and explaining his/her


responsibilities to them.

2. Being available to the family prior to and throughout the


wake and funeral.

3. Ensuring that the needs and wishes of the family come


before those of the department.

4. Advising the family in working with the funeral director


regarding funeral arrangements.

5. Relaying any information to the family concerning the


circumstances of the decedent officer’s death and appropriate information
regarding any investigation.

6. Determining the need for travel arrangements for out-of-


town family members and any other special needs of the family during the
funeral and reporting this information to the department liaison.

7. Briefing the family members on the procedures involved in


the law enforcement funeral.

F. Benefits coordinator:

The benefits coordinator is responsible for the following:

2-49.5
1. Filing workers’ compensation claims and related
paperwork.

2. Presenting information on all benefits available to the


family.

3. Documenting inquiries and interest in public donations to


the family and establishing a mechanism for receipt of such contributions,
as appropriate.

4. Preparing all documentation of benefits and payment due


survivors to include the nature and amount of benefits to be received by
each beneficiary, the schedule of payments and the name of a contact
person or facilitator at each benefit or payment office.

5. Filing all benefits paperwork and maintaining contact with


the family in order to ensure benefits are being received. A copy of
benefits documentation should be provided to all survivors affected and
explained to each of them.

6. Advising the surviving family of the role of the police


associations and organizations and the nature of support programs that
they sponsor for law enforcement survivors.

G. Family support advocate:

The family support advocate serves in a long-term liaison and support


capacity for the surviving family. The duties of this individual include the
following:

1. Providing contact with surviving family members in order


to keep them abreast of criminal proceedings relating to the death of their
family member.

2. Accompanying family members to criminal proceedings,


explaining the nature of the proceedings, and introducing them to
prosecutors and other persons as required.

3. Identifying all support services available to family


members and working on their behalf to secure any services necessary.

4. Maintaining routine contact with family members to

2-49.6
provide companionship and emotional support and maintain an ongoing
relationship between the department and the immediate family.

5. Relaying the concerns and needs of the family to those


individuals or organizations that may provide assistance, and encouraging
others to visit and help as necessary.

H. All officers shall be trained on Line-of-duty death benefits in


accordance with the Code of Virginia.

2-49.7
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: SOCIAL MEDIA NUMBER: 2-48
EFFECTIVE DATE: REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
_____________________________________
Chief of Police
VLEPSC STANDARDS:

NOTE:

This rule or regulation is for internal use only, and does not enlarge an officer's civil
or criminal 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 this department, and then only in a non-judicial administrative setting.

I. PURPOSE

The Lawrenceville Police 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,
rather social media in general, as advances in technology will occur and new tools will
emerge.

II. POLICY

Social media provides a new potentially valuable means of assisting the department and
its personnel in meeting community outreach, problem-solving, investigative, crime
prevention, and related objectives. This policy identifies potential uses that may be
explored or expanded upon as deemed reasonable by administrative and supervisory
personnel. The Lawrenceville Police Department also recognizes the role that these tools
play in the personal lives of some department personnel.

2-50.1

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

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”.

Page: The specific portion of a social media website where content is displayed, and
managed by an individual or individuals with administrator rights.

Post: Content an individual shares on a social media site or the act of publishing content
on a site.

Profile: Information that a user provides about himself or herself on a social networking
site.

Social Media: A category of Internet-based resources that integrate user-generated


content and user participation. This includes, but is not limited to, social networking
sites, micro blogging sites, photo and video sharing sites, wikis, blogs, and news sites.

Social Networks: Online platforms where users can create profiles, share information,
and socialize with others using a range of technologies.

Speech: Expression or communication of thoughts or opinions in spoken words, in


writing, by expressive conduct, symbolism, photographs, videotape, or related forms of
communication.

Web 2.0: The second generation of World Wide Web focused on shareable, user-
generated content, rather than static web pages. Some use this term interchangeably with
social media.

Wiki: Web page(s) that can be deleted collaboratively.

IV. ON-THE-JOB USE

A. Department-Sanctioned Presence

1. Determine strategy

a. Where possible, each social media page shall include an introductory


statement that clearly specifies the purpose and scope of the agency’s
presence on the website.

2-50.2
b. Where possible, the page(s) should link to the department’s official website.
c. Social media page(s) shall be designed for the target audience(s) such as youth
or potential recruits.

2. Procedures

a. All department social media sites or pages shall be approved by the Chief of
Police or his designee.

b. Where possible, social media pages shall clearly indicate they are maintained
by the department and shall have department contact information prominently
displayed.

c. Social media content shall adhere to applicable laws, regulations and policies,
including all information technology and records management policies.

(1) Content is subject to public records laws.

(2) Content must be managed, stored, and retrieved to comply with open
records laws and e-discovery laws and policies.

d. Where possible, social media pages should state that the opinions expressed
by visitors to the page(s) do not reflect the opinions of the department.

(1) Pages shall clearly indicate that posted comments will be monitored and
that the department reserves the right to remove obscenities, off-topic
comments, and personal attacks.

(2) Pages shall clearly indicate that any content posted or submitted for
posting is subject to public disclosure.

3. Department-Sanctioned Use

a. Department personnel representing the department via social media outlets


shall do the following:

(1) Conduct themselves at all times as representatives of the department and


accordingly shall adhere to all department standards of conduct and
observe conventionally accepted protocols and proper decorum.

(2) Identify themselves as a member of the department.

2-50.3

(3) Not make statements about the guilt or innocence of any suspect or
arrestee, or comments concerning pending prosecutions, nor post,
transmit, or otherwise disseminate confidential information, including
photographs or videos, related to department training, activities, or work-
related assignments without expressed written permission from the Chief
of Police or his designee.

(4) Not conduct political activities or private business.

b. The use of department computers by department personnel to access social


media is prohibited without authorization.

c. Department personnel use of personally owned devices to manage the


department’s social media activities or in the course of official duties is
prohibited without permission from the Chief of Police or his designee.

d. Employees shall observe and abide by all copyright, trademark, and service
mark restrictions in posting materials to electronic media.

B. Potential Uses

1. Social media is a valuable investigative tool when seeking evidence of


information about:

a. Missing persons;
b. Wanted persons;
c. Gang participation;
d. Crimes perpetrated online (i.e., cyberbullying, cyberstalking), and
e. Photos or videos of a crime posted by a participant or observer.

2. Social media can be used for community outreach and engagement by:

a. Providing crime prevention tips;


b. Offering online-reporting opportunities;
c. Sharing crime maps and data; and
d. Soliciting tips about unsolved crimes (i.e., Crimestoppers).

3. Social media can be used to make time sensitive notifications related to:

a. Road closures;
b. Special events;
c. Weather emergencies;
d. Missing or endangered persons.

2-50.4
4. Persons seeking employment and volunteer positions use the Internet to search for
opportunities, and social media can be a valuable recruitment mechanism.

5. This department has an obligation to include Internet-based content when


conducting background investigations of job candidates.

6. The Chief of Police or his designee will authorize persons to search Internet-based
content for background investigations.

7. Search methods shall not involve techniques that are a violation of existing law.

8. Vetting techniques shall be applied uniformly to all candidates.

9. Every effort must be made to validate Internet-based information considered


during the hiring process.

V. PERSONAL USE

A. Precautions and Prohibitions

Barring state law, department personnel shall abide by the following when using
social media.

1. Department personnel are free to express themselves as private citizens on


social media sites to the degree their speech does not impair working
relationships of this department for which loyalty and confidentiality are
important, impede the performance of duties, impair discipline and harmony
among coworkers, or negatively affect the public perception of the
department.

2. As public employees, department personnel are cautioned that speech on or


off duty, made pursuant to their official duties, that owes its existence to the
employee’s professional duties and responsibilities - is not protected speech
under the First Amendment and may form the basis for disciplinary action if
deemed detrimental to the department. Department personnel should assume
that their speech and related activity on social media sites will reflect upon
their office and this department.

3. Department personnel shall not post, transmit, or otherwise disseminate any


information to which they have access as a result to their employment without
permission from the Chief of Police or his designee.

2-50.5
4. For safety and security reasons, department personnel are cautioned not to
disclose their employment with this department nor shall they post
information pertaining to any other member of the department without their
permission. As such, department personnel are cautioned not to do the
following:

a. Display department logos, uniforms, or similar identifying items on


personal web pages.

b. Post personal photographs or provide similar means of personal


recognition that may cause them to be identified as a police officer of this
department. Officers who are, or who may reasonably be expected to
work in undercover operations, shall not post any form of visual or
personal identification.

5. When using social media, department personnel should be mindful that their
speech becomes part of the worldwide electronic domain. Therefore,
adherence to the department’s code of conduct is required in the personal use
of social media. In particular, department personnel are prohibited from the
following:

a. Speech containing obscene or sexually explicit language, images, or acts


and statements or other forms of speech that ridicule, malign, disparage or
otherwise express bias against any race, religion or any protected class of
individuals.

b. Speech involving themselves or other department personnel reflecting


behavior that would reasonably be considered reckless or irresponsible.

6. Engaging in prohibited speech noted herein may provide grounds for


undermining or impeaching an officer’s testimony in criminal proceedings.
Department personnel thus sanctioned are subject to disciplinary action up to
and including termination.

7. Department personnel may not divulge information gained by reason of their


authority; make any statements, speeches, appearances, and endorsements; or
publish materials that could reasonably be considered to represent the views
or positions of this department without authorization from the Chief of Police
or his designee.

8. Department personnel should be aware that they may be subject to civil


litigation for:

2-50.6
a. publishing or posting false information that harms the reputation of
another person, group or organization (defamation);

b. publishing or posting private facts and personal information about


someone without their permission that has not been previously revealed to
the public, is not of legitimate public concern, and would be offensive to a
reasonable person.

c. using someone else’s name, likeness, or other personal attributes without


that person’s permission for an exploitative purpose; or

d. publishing the creative work of another, trademarks, or certain


confidential business information without the permission of the owner.

9. Department personnel should be aware that privacy settings and social media
sites are constantly in flux, and they should never assume that personal
information posted on such sites is protected.

10. Department personnel should expect that any information created,


transmitted, downloaded, exchanged, or discussed in a public online forum
may be accessed by the department at any time without prior notice.

11. Reporting violations- Any employee becoming aware of or having knowledge


of a posting or of any website or web page in violation of the provision of this
policy shall notify his or her supervisor immediately for follow-up action.

2-50.7
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: PATROL RESPONSE TO NUMBER: 2-49
ACTIVE SHOOTERS
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
____________________________________
Chief of Police
VLEPSC STANDARDS:

NOTE:
This general order is for internal use only, and does not enlarge an
officer’s civil or criminal 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 this department, and
then only in a non-judicial administration setting.

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.

2-51.1
DEFINITIONS:

Immediate Deployment/Rapid Intervention- The swift and immediate


deployment of law enforcement resources to an on-going, life threatening
situation where delayed deployment could otherwise result in death or
serious bodily injury to innocent persons. Immediate deployment/rapid
intervention tactics are not a substitute for conventional response to a
barricaded gunman/hostage situation.

Active Shooter- One or more subjects who participate in a random or


systematic shooting spree, demonstrating their intent to continuously harm
others. The overriding objective of an active shooter appears to be that of
mass murder, rather than other criminal conduct, such as robbery, hostage
taking, etc. For the purpose of this policy, the term “active shooter” will
also include anyone who uses any other deadly weapon to systematically
or randomly inflict death or serious bodily injury on others over a period
of time.

Incident Command System – This is the model tool for command, control,
communication and coordination to a response. It provides a means to
coordinate the efforts of individual officers and agencies as they work
toward the common goal of stabilizing the incident and protecting life,
property, and the environment during an active shooter incident.

Contact Team – A team that is usually composed of four (4) to five (5)
police officers with a purpose of locating the active shooter(s) and
preventing further violence.

Rescue Team – A team that is usually composed of four (4) or more police
officers with the purpose of locating and providing safe passage to a
secure area for injured and non-injured victims.

Gender – the word “he” or any other word importing the masculine gender
shall extend and be applied to females as well as males.

PROCEDURE – WHEN TO DEPLOY

A. To confront and neutralize aggressive deadly behavior:

1. This event is ongoing and the suspect(s) is actively engaged in


causing death or serious bodily injury. This may be the result of:

a. an “active shooter”
b. an attack with edged weapons
c. placing and/or detonating explosive devices

2-51.2
2. The incident location, by its very nature, is believed to contain
multiple victims:

a. Schools (including day care facilities)


b. Crowded parks and open areas
c. Playgrounds
d. Sporting events
e. High rise structures, etc.
f. Institutional settings
g. Offices
h. Shopping areas

B. To effect a citizen/officer rescue:

1. A citizen or law enforcement officer is gravely wounded and


delayed recovery could result in their demise.
2. The suspect may or may not be actively involved in an assault,
however, an assault is imminent and immediate recovery of a
wounded citizen/officer is crucial.
3. Although possibly uninjured, due to the location of the victim(s),
citizen(s), or officer(s), an immediate recovery may be necessary
to prevent death or serious bodily injury.

PROCEDURE – INITIAL RESPONDERS

A. The initial responder is most likely to be a patrol officer. The


actions of the initial responders are critical and certain guidelines
should be followed, if practical:

1. Assess the situation

a. Establish an Incident Commander (IC) and put into place


an Incident Command System (ICS). Typically, the first
arriving officer will assume the role of IC until relieved by
supervisory personnel.
b. The ICS will incorporate police, fire, rescue and other
essential personnel to establish a unified command system
to effectively manage the crisis.
c. Gather information as rapidly as possible. This can be
achieved through various means, including, but not limited
to:

(1) Dispatcher obtained information


(2) Reports from fleeing citizens
(3) Sounds of gunfire/explosions
(4) Officer’s own observations

2-51.3
(5) Any source of credible information/intelligence

2. Broadcast situation to responding units:

a. Location (as precise as possible) and number of suspects


(if known)
b. Type of weapons involved
c. State if immediate deployment/rapid intervention tactics are
appropriate and necessary.
d. Safe approach route to staging area for arriving officers.

3. If Immediate Deployment/Rapid Intervention tactics are


deemed necessary, the initial IC will:

a. Immediately begin to move towards any known suspects,


using all immediately available protective equipment to
aid in the entry. In the event two or more officers are
available, the most experienced officer should be the
contact team leader. The contact team should be
comprised of no more than five sworn personnel whose
objectives should be to:

(1) Stop deadly behavior


(2) Limit suspect’s movement
(3) Continue past victims to confront any active suspects
(4) Continue past unexploded devices
(5) Communicate progress to responders (location of
victims/explosives, etc.)
(6) Confront any suspect(s) through control and arrest,
containment, or deadly force.

b. Subsequently arriving officers and supervisory personnel


will:

(1) Assemble additional contact teams and/ or rescue


teams with the following goals:

(a) Enter and/or approach the location to


locate victims
(b) Extract victims to a safe area
(c) Notify medical personnel
(d) If encountered, act as a contact team and
engage any suspect(s) through control and
arrest, containment, or deadly force.

2-51.4
c. If areas within the affected location are deemed to be
relatively safe for responders, subsequent rescue
teams may provide tactical cover for rescue
personnel to enter the scene for rapid access to
critically injured victims.

PROCEDURE – WHAT TO EXPECT UPON ENTRY

A. The dynamic environment of an active shooter scenario will bring


with it a host of problems. These problems may include,
but are not limited to, the following:

1. Noise from alarms, people screaming, etc., negatively affecting


communications
2. Confusion. Victims hiding and frightened-not responding to law
enforcement directions.
3. Carnage and multiple traumatic injuries.
4. Fire suppression systems and sprinkler systems.
5. Explosive devices, (IED) if encountered:

a. Visually inspect device for potential detonation (timing


device, trip wire, lit fuse, etc).
b. Identify and, if possible, verbally report location(s) of
device(s).
c. DO NOT move or touch them.
d. Move past device when part of a contact/rescue team.

PROCEDURE – MUTUAL AID SUPPORT

A. Immediately following the initial notification of an active


shooter at any location within the Town of Lawrenceville,
resources from surrounding jurisdictions will undoubtedly begin
to arrive to offer assistance. The IC will have the responsibility
of allocating these resources. They may include:

1) Law enforcement agencies from the adjoining areas


2) Local Federal law enforcement agencies to include FBI,
ATF, etc.
3) Off-duty officers residing within the area or in the area on
unrelated matters
4) Fire and Rescue resources. However, only marked
emergency vehicles should be allowed access to the
incident
5) State agencies that offer relief assistance
6) Federal agencies that offer relief assistance

2-51.5
7) Private corporations and citizens offering relief assistance

B. If a responding officer, as listed above, arrives to provide


assistance and is able to do so, on-scene officers will decide the
best manner in which assistance can be rendered. These
officers may also be required to act as members in the initial
contact team.

Additional Mutual Aid support will be handled in accordance


with established mutual aid agreements and through the
Incident Command System.

PROCEDURE – USE OF FORCE

When the suspect(s) actions present an immediate threat of death or serious


bodily injury, it may become necessary to use deadly force to stop that
behavior. All applicable guidelines concerning the use of force by a law
enforcement officer will apply.

PROCEDURE – ARRIVAL OF THE EMERGENCY RESPONSE TEAM

A. When tactical teams arrive, they are generally better-equipped and trained
to resolve crisis scenarios. However, due to the possible size and scopes
of an active shooter scenario, continued assistance by first responders is
critical. As soon as practical, the Incident Commander will instruct
responding personnel to:

1. Coordinate and relinquish contact team responsibility, unless


continued operations by patrol units are deemed necessary by ERT
personnel.
2. Assist with containment responsibilities.
3. Assist with rescue teams if necessary.
4. Act as a “pathfinder” for ERT:

a. Remain at furthest point of insertion until relieved by ERT.


b. Direct ERT officers to last known suspect(s) location.
c. Report location(s) of explosives.
d. Provide any pertinent information such as known suspect
description, weapons, etc.

TRAINING

A. The Lawrenceville Police Department will ensure all sworn personnel


receive training on Immediate Deployment/Rapid Response (Active
Shooter) tactics. Acknowledgement of this policy constitutes awareness

2-51.6
of the procedures contained herein. Additional guidance and training will
be made available.

2-51.7
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: MOBILE VEHICLE VIDEO NUMBER: 2-50
RECORDER (MVR)
EFFECTIVE DATE: REVIEW DATE: ANNUALLY
AMENDS/SUPERSEDES: APPROVED:
________________________________________
Chief of Police
VLEPSC STANDARDS:
OPR.01.11

NOTE:
This general order is for internal use only, and does not enlarge an officer's civil or
criminal 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 this
department, and then only in a non-judicial administrative setting.

I. POLICY:

Mobile video/audio recording (MVR) equipment has been demonstrated to be of value in


the prosecution of traffic violations and related offenses, in evaluation of officer
performance and as well as for training. In order to maximize the usefulness of the
equipment in these and related areas, officers shall follow the procedures for MVR
equipment set forth in this policy.

II. PURPOSE:

It is the purpose of this policy to provide officers with guidelines for the use of mobile
video and audio recording equipment.

III. PROCEDURES:

A. Equipment Operation:

1. The officers who are assigned video recorder equipped vehicles will be
responsible for the proper use and care of the equipment. It will be operated
and maintained according to manufacturer’s instructions and

2-52.1
recommendations.

2. No alterations will be made to the video equipment settings with the


exception to set the proper date, time and/or the night mode.

3. Officers will determine if the video recorder is working properly at the


beginning of their shift. Any malfunctions will be reported to a supervisor as
soon as possible.

4. The recorder is activated by:


a. activating the emergency equipment
b. manually pressing the record button
c. turning on the wireless microphone

5. When the video and audio is recording a police contact involving a traffic
infraction or criminal activity, it will not be turned off until the contact has
ended and the citizen or officer has left the scene. If an arrest occurs, the
internal recorder will stay activated until the officer arrives at his/her
destination and has removed the suspect from the vehicle. Officers may stop
recording during non-enforcement activities or when there is no citizen
contact.

6. Officers will ensure that the video/audio recorder is properly recording


traffic stops and enforcement actions.

7. Officers are prohibited from tampering with or opening the recording


device.

8. Officers will not attempt to erase or alter the video recordings.

B. Retrieval and Storage of Recordable Media

1. The mobile video recorder system and media is the property of the
Lawrenceville Police Department and are not to be copied without the
permission of the Chief of Police.

2. The equipment restricts access to the recorded media. A supervisor will be


responsible for retrieval of the recorded media that has reached its maximum
capacity.

3. Recorded incidents that are not of evidentiary value will be kept in accordance
with Library of Virginia standards.

4. Officers will notify the shift supervisor as soon as practical of a taped incident

2-52.2
that may have evidentiary value. The shift supervisor will determine if the
recorded incident should be removed immediately to preserve evidence.

5. Recorded incidents that may be of evidentiary value will be maintained with the
case file.

6. Officers are encouraged to inform a supervisor of any recorded incidents that


may be of value for training purposes.

7. If an incident report is completed for a recorded event, officers will document


that fact in the narrative of the IBR.

C. Use of Media in Court

1. When a recorded incident is required for prosecution, a duplicate will be


provided. The original will be kept in storage until the legal process is complete.

2. The requesting officer will place the duplicate copy in the case file.

3. Officers will notify the courts before trial date that a video will be presented as
evidence to ensure that a video player and monitor are available.

2-52.3
LAWRENCEVILLE POLICE
DEPARTMENT

GENERAL ORDERS
SUBJECT: TRAFFIC SAFETY AND DUI NUMBER: 2-51
CHECKPOINTS
EFFECTIVE DATE: REVIEW DATE: ANNUALLY

AMENDS/SUPERSEDES: APPROVED:
________________________________________
Chief of Police
VLEPSC STANDARDS: OPR.07.10

NOTE:
This general order is for internal use only, and does not enlarge an officer’s civil
or criminal 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 this department, and then only in a non-judicial administration
setting.

I. POLICY:

The Lawrenceville Police Department employees authorized to conduct Traffic Checking


Details/DUI Sobriety Checkpoints shall do so in compliance with this General Order.
Traffic and Sobriety checkpoints are a valuable aid in traffic enforcement and, as such,
will be conducted in a safe and efficient manner, and will incorporate the most recent
legal and enforcement procedural recommendations for checkpoint operations.

II. PURPOSE:

The purpose of Traffic Checking Details is to provide a safe travel environment and
promote highway safety through the reduction of motor vehicle crashes and the detection
and apprehension of those individuals operating a motor vehicle in a manner which is
hazardous, potentially harmful to others, and/or is in violation of law as established in the
Code of Virginia.

2-53.1
III. PROCEDURE:

A. Checkpoint Site Schedules

1. It shall be the responsibility of the Sergeant or his/her designee, to select


the Traffic Checking Detail sites from the approved list. Sites may be
added or deleted from the approved list by the Chief of Police or his
designee.

2. All checkpoint sites will be selected from the list of approved potential
checkpoint sites.

3. The Sergeant or designee shall be responsible for scheduling Sobriety


Checkpoints. For each day/night or shift that the checkpoint is scheduled,
there will be a primary and a secondary site chosen. If for some reason,
the primary site cannot be used effectively, then it will be the
responsibility of the Sergeant or designee to move the operation to the
secondary location.

4. Recommendations for other sites may be made to the Chief of Police.


Additional sites will be determined by the criteria listed in this General
Order.

B. Checkpoint Site Selection

1. Not all sites will meet all criteria, but only those sites that most nearly conform to
the criteria will be chosen. All checkpoint sites will be selected using the
following criteria:

a. The location has adequate visibility to provide safety to approaching


motorists and sworn employees conducting the checkpoint;

b. The location has adequate space available to allow police officers to pull
vehicles out of the traffic stream for further examination without causing a
safety hazard;

c. The volume of traffic is appropriate to the number of police officers


available at the checkpoint site.

d. There are no particular characteristics of the site location that will create a
hazard for motorists or police officers;

e. The location must have adequate space for police vehicles and personnel
that will work the site;

2-53.2
f. The site location is in an area where motorists approaching the checkpoint
will be unable to turn off or avoid the checkpoint;

g. For Sobriety Checkpoints;

(1) the checkpoint site is on a route known to be traveled by motorists


driving under the influence of alcohol.

C. Checkpoint Pre-Planning

1. The Sergeant will create a diagram of the checkpoint site from the
approved list of sites in this General Order. The pre-plan of the operation
will include a cover letter including the date and time of the checkpoint
and approval by the Chief of Police or his designee.

D. Checkpoint Scheduling

1. Conducting Traffic Checking Details and/or Sobriety Checkpoints:

a. Sobriety checkpoints may be operated in accordance with the


approved operations plan, and are usually conducted on Friday and
Saturday nights between the hours of 9 p.m .and 3 a.m. . If special
events should arise where the checkpoints may become feasible,
then other times and dates may be used;

b. The times that a Traffic Checking Detail Checkpoint will be in


operation are during the daylight hours.

2. Scheduling of Police Officers:

a. The Sergeant will schedule personnel to work Sobriety


Checkpoints. Additional personnel mat be added with the approval
of the Sergeant immediately prior to the Traffic Checking Detail.

3. Number of Police Officers:

a. On any given date that a Traffic Checking Detail or a Sobriety


Checkpoint is being conducted there will be uniformed officers
working the checkpoint and one Supervisor overseeing the
operation of the sobriety checkpoint or traffic checking detail.
Depending on the time and volume of traffic, additional personnel
may be scheduled. The Supervisor in charge of the Sobriety
Checkpoint/Traffic Checking Detail shall not leave.

2-53.3
4. Cancellation due to Weather:

a. The Supervisor in charge of the checkpoint shall have the


discretion to cancel the checkpoint at any time due to inclement
weather. If possible the decision will be made in advance. The
Supervisor shall attempt to contact all affected personnel in the
event of a cancellation. If a checkpoint cancellation occurs,
officers will be dismissed, reassigned to selective enforcement or
resume normal patrol duties. Traffic Checking Details/Sobriety
Checkpoints will not be conducted during periods of inclement
weather.

E. Drivers License and/or Sobriety Checkpoints Site Set-up

1. Safety Precautions: When setting up checkpoints, personnel should make


sure that all precautions have been taken to afford the highest degree of
safety to police officers, pedestrians, other personnel at the checkpoint,
and motorists passing through the checkpoint.

a. Vehicle emergency lights, cones, flares and/or signs will be used at


all sobriety checkpoints.

b. Vehicle emergency lights will be used at all driver's license


checkpoints.

2. Location of Police Vehicles:

Police vehicles should be parked in an area that will not present a hazard
to the police officers, pedestrians, or the general flow of traffic.

3. Personnel Equipment:

All officers working a Drivers License and/or Sobriety Checkpoint will be


in full uniform and are required to wear their uniform hat and reflective
vest.

4. Pull-off site:

Prepare a safe place for those vehicles whose drivers will be required to
pull over due to a traffic violation, etc. This area should be out of the
general flow of traffic, preferably off the highway with good access both
to and from the highway. An effort should be made to have this area
adequately lighted.

2-53.4
5. The Supervisor in charge of the checkpoint shall, prior to initiating the
checkpoint, establish a point in which traffic will be released to a normal
flow if it becomes too congested. This point will be established according
to location. When traffic backs up to the designated area, then it will be
released to normal flow until the congestion has been eased in both
directions. Vehicles will not be stopped on a discretionary basis. All
vehicles, regardless of type, shall be checked. This includes commercial
vehicles, such as buses and large trucks.

F. Opening and Closing of Drivers License and/or Sobriety Checkpoints

1. Responsibility:

It shall be the responsibility of the Supervisor in charge of the checkpoint


to open and close operations at the checkpoint.

2. Manpower shortages:

When a shortage of police officers occurs due to issuing citations or an


arrest, the supervisor in charge of the checkpoint will have the discretion
as to when to close or re-open the checkpoint.

3. Traffic Congestion:
(See D.5 above)

G. Bringing Traffic to a Safe Stop

1. Police officers that are not involved in interviewing motorists shall assist
in the directing of traffic through the checkpoint when needed.

2. Police officers should advise motorists leaving the checkpoint to drive


safely.

H. Interviews of Motorists

1. Officers shall give a brief greeting along with advising the motorist that
the Lawrenceville Police Department is conducting a Driver's Safety
and/or Sobriety Checkpoint.

2. The police officer shall request the motorist to present a valid operator's
license. The vehicle registration may also be requested at this point.

3. If the police officer gets an indication from his/her observations that the
person has been drinking, the officer may, at this point, ask the motorist if
he/she has been drinking and possibly how much. The officer may then

2-53.5
decide to have the motorist pull over to the area which is used for further
examination.

4. It is suggested to keep each initial contact to a minimum when possible.


This will add in reducing any unnecessary delay and/or intrusion.

I. Options and/or Actions

1. Operator's License Check: In the event the motorist does not have a valid
operator's license with him/her, or they tell the officer it is suspended or
revoked, then the motorist will be directed to the area used for further
examination. The officer shall radio in and request a DMV operator's
license check. If the communications officer advises it is valid, the officer
may give a warning and, with no sign of alcohol impairment, the motorist
may leave the checkpoint.

2. Operator's License Not Valid: If the DMV check comes back not valid,
suspended, or revoked, the officer may then issue a Uniform Traffic
Summons or arrest the offender.

J. Further Evaluation of Motorists When Suspicion of DUI Exists

1. Alcohol Detection: When there is an indication that the driver has been
drinking, the officer should extend his/her investigation by checking for
signs of impairment through standardized field sobriety testing to
determine if the driver should receive further examination.

3. Further Examination out of Travel Area: When an officer feels that


further evaluation is necessary, he/she will have the motorist pull to the
evaluation area.

a. Once in the evaluation area, the officer should proceed with some
of the normal preliminary testing procedures, such as the Standard
Field Sobriety Tests and the Alco-Sensor.

b. If evidence is not sufficient for a DUI arrest, the driver should be


released with a warning. It is at the discretion of each officer
whether to allow the person to drive away, have a friend in the
vehicle drive, call a cab, or other means of transportation.

K. DUI Arrest Procedure

1. Standard Procedure: When an officer has made an arrest for DUI at the
checkpoint site, he/she should follow all of the normal steps of a DUI
arrest. See GO 2-21.

2-53.6
L. Closing the Checkpoint Site

1. All personnel shall assist in the removal of equipment used at the


checkpoint site.

2. It shall be the responsibility of the Supervisor in charge of the checkpoint


to ensure that all officers and other personnel have transportation away
from the site.

3. The Supervisor in charge of the checkpoint shall see that no litter


(including alco-sensor tubes) is left behind at the checkpoint site. All
personnel at the checkpoint should assist with this function.

M. Record-keeping

1. The Supervisor, or his/her designee, will be responsible for collecting data


each time a sobriety checkpoint is set up. It is important that all of the
data is kept accurately. The following is a list of statistics which will be
kept for each sobriety checkpoint:

a. Number of motorists interviewed at the checkpoint.

b. Number of motorists detained for further testing.

c. Number of motorists arrested for DUI.

d. Number of cases where motorists were released, but not allowed to


drive.

e. Number of summons and/or arrests in addition to DUI arrests.

Each officer involved in the sobriety checkpoint shall receive a copy of the
pre and post operation plan.

2. The Supervisor in charge of the traffic safety checkpoint will be


responsible for completing a memorandum detailing the dates, times and
locations where driver’s license checkpoints were held as per the direction
of the Sergeant. The memorandum will be forwarded to the Chief or his
designee for inclusion in the drivers license and sobriety checkpoint file.

2-53.7
N. Checkpoint Sites

Based on the list of criteria found in III.B, of this General Order, the following
locations have been selected for conducting traffic safety and/or Sobriety
Checkpoints.

1. Driver's Safety and/or Sobriety Checkpoint Sites:

a. Business 58 at (Brown’s)

b. N. Main Street at (Courthouse)

c. Cattail Rd. at (Car Wash)

d. Other locations that meet the established criteria and are approved by
the Chief of Police or his designee.

2-53.8
Conspicuously marked patrol vehicle

12/4/2014
GO 2-52 Body Worn Cameras

EFFECTIVE DATE: 07/1/14


REVIEWED/REVISED DATE: 05/1/15
NEXT REVIEW DATE:
AMENDS/SUPER-CEDES:
APPROVED BY: E.L. Gibson, Chief

V. L. E. P. S. C. STANDARDS: NONE

Note: This directive is for internal use only and does not enlarge an officers liability in any way.
It should not be construed as the creation of a higher standard of safety or care in an evidential
sense with respect to third party claims. Violations of this directive, if proven, can only form the
basis of a complaint by the Lawrenceville Police Department and then only in a non-judicial
administrative setting.

I. POLICY
The Body Worn Camera (BWC) will be utilized by officers as an evidential aid to document any
situation where the video recording of conduct or a crime scene may be useful in court, civil
litigation, or the resolution of a citizen complaint. It will be used to its fullest extent to provide a
fair and accurate representation of an incident. Video footage may also be utilized by
supervisory personnel for reviews of deputy performance and as a training tool.

II. PURPOSE
To establish policy and procedures for the utilization of body worn cameras.

III. DEFINITIONS
A. BWC – Body Worn Camera

B. MVR – Mobile Video Recorder

C. Recording media - storage device capable of capturing video images and audio.

IV. PROCEDURE
A. Operation of Body Worn Camera Equipment

1. Only officers who have received a period of instruction by the agency training
officer or his designee on the operation of Body Worn Camera Equipment and have
demonstrated a satisfactory level of efficiency in its use and knowledge of this
General Order shall operate the Body Worn Cameras.

2. At the beginning of each shift, the officer shall inspect the BWC equipment and
determine whether the equipment is functioning satisfactorily, that the time and date
are correct, there is ample storage remaining on the BWC, and ample battery life on
the BWC to complete the officers shift. Any problem with the equipment initially, or at
any time shall immediately be brought to the attention of the supervisor. The
supervisor shall periodically inspect the BWC equipment of all officers on their watch
to insure compliance of this general order.

B. Use of the Camera System


1. The BWC system shall be powered on and in standby mode and ready for
recording until the completion of their shift. The BWC will be activated on:

a) All traffic stops (This excludes Selective Enforcement when there is a MVR
already in use and functioning properly. If a traffic stop begins to escalate, both
the MVR and BWC should be used.)

b) All calls for service

c) Any other situation the officer deems appropriate to give an accurate depiction
of an event

2. The officer shall ensure that the BWC is worn on the body in the chest or shoulder
area and is positioned and adjusted properly to maximize the scene and the area to be
recorded

3. The officer will ensure that the BWC equipment is operating correctly and recording
at the time of:

a) Arriving on scene for all calls for service

b) All Traffic stops – beginning at point of an officer initiating a traffic stop and
continuing for the duration of the stop. Recording will be concluded as the
violator drives away.

c) Vehicle Pursuits;

d) Vehicle Searches;

e) Suspected DUI – Recommended when the officer first observes erratic driving
and concluding when the police action is finished. If field sobriety tests are
administered, where safety permits, the performance of the sobriety test shall be
within view of the camera; and,

f) Interviewing all suspects/witnesses of a crime

g) Any other law-enforcement actions.

4. Once the system is recording, it shall continue to record until the completion of the
incident. The officer will manually stop the recording at the completion of each
incident.

5. Officers shall record and not cease the video/audio recording of a required incident
unless one of the following conditions exists and the reason must be documented on
the video before recording is stopped.

a) The officer receives an order from a supervisor to stop recording;


b) The officer is directing traffic or assisting in some other type of traffic control;

c) The officer is parked behind a disabled vehicle or waiting for a wrecker


following an accident investigation;

g) The officer is providing a funeral escort;

e) The officer initiated the recording and no longer sees a legitimate purpose for
documenting the activity because it was determined to be a civil issue; whenever
recording equipment is deactivated, deputies shall articulate verbally “Civil
Issue” on the BWC recording.

f) When conditions make it unsafe or impossible to activate the camera.

6. In addition to the above, whenever possible, officers should utilize their BWC
equipment to record:
a) Any acts of hostility or violence when feasible;

b) Any confrontational citizen or violator contact;

c) The circumstances at a crime scene, accident scenes, or other events, such


as the confiscation and documentation of evidence or contraband.

d) During the transportation of combative prisoners, juveniles, or members of the


opposite sex of the officer if the vehicle is not equipped with a MVR or the MVR
is not working properly.

7. If an officer has a reportable incident and the incident was not recorded the officer
shall give a detailed reason in the IBR narrative.

8. Officers are prohibited from the following:


a) Attempting to erase or alter the video recordings.

b) Recording during strip searches or any bathroom encounters

c) Other employees unless it is due to violation of the law or policy

d) On informal, non-law enforcement related encounters with the public unless the
encounter becomes adversarial.

9. Unauthorized use of BWC equipment or digital media may result in disciplinary


action.

C. Training
1. Instruction in the proper use of the Body Worn Camera shall be the responsibility of
the supervisor or his designee.

2. BWC instructors who also act as Field Training Officers shall instruct trainees in the
proper use of the BWC system.

D. Care of Video Equipment


1. The Video Supervisor or his designee shall have overall responsibility for the BWC
systems. The responsibility of storage of unknown evidential recordable media and
evidential recordable media shall be assigned to the supervisor or his designee. This
individual(s) shall also be responsible for replacing BWC components, as needed,
inspections of the BWC and scheduling training.

2. Officers will report all malfunctions of the video equipment to their supervisor.
The supervisor will immediately fix the malfunction or issue another BWC to the
officer.

E. Media Download of Recordable media for BWC Equipment


1. The media download of the BWC will be the responsibility of the video supervisor.
The Video Supervisor shall only download the BWC to the designated computer
located in the squad room area.

2. Officers shall notify the Video Supervisor or his designee in a timely manner if a
video is needed for evidentiary reason. This shall be noted in the officers IBR
narrative.

F. Storage and Retrieval of Recordable Media when its value as evidence is not known
1. The recordable media will be downloaded and stored by the Video Supervisor or
his designee for a period of three (3) months. At the end of the three (3) months the
recordable media will be overwritten. If during this time period it is determined that the
recordable media may be used as evidence it will be downloaded to a disk for court
purposes.

G. Ownership, Custody and Control of Recorded Disk


1. It is the policy of this agency that the recordings generated by the body worn
camera are the property of the Lawrenceville Police Department.

2. The recorded media is subject to continuing judicial review. The Commonwealth's


Attorney will have a strong influence on the dissemination of digital media that contain
evidential value.

H. Use of Recordings for Training Purposes


1. Periodically, the body worn cameras record events that may prove useful as
training aids. Therefore, when these cameras record unusual, exceptional or felony
incidents and the incidents recorded are perceived to be of value as a training aid, the
following procedures should apply:
a) Members are encouraged to bring to the attention of their supervisor any
recordings they feel may be useful as a training aid.
b) Supervisors should arrange a time to view the recorded incident with the
member responsible for generating the recording.

c) Upon viewing the recorded segment and upon reaching the conclusion that it
is of value as a training aid, the supervisor will request the Chief or his designee
to duplicate the segment for training.

You might also like