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Applicable
To: Sworn employees |
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Approval
Authority: Chief Richard J.
Pennington |
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Signature: Signed by RJP |
Date Signed: 4/1/09 |
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To establish guidelines for documenting cases targeting felons with handguns for prosecution by the U. S. Attorney or District Attorney.
Atlanta police officers will thoroughly document arrests at which firearms are present in order to facilitate prosecution.
3.1 In addition to being careful of their physical security, officers and investigators arresting individuals when firearms are present will document the incident thoroughly to support the prosecution of any firearms-related charges.
3.2 The supervisor of the officer or investigator will ensure that this directive is followed and will email, fax, or forward (through Departmental mail) the appropriate incident reports to the Guns Unit.
3.3 Division and section commanders will monitor the implementation of this directive in their commands.
3.4 The Guns Unit investigator will work closely with the U. S. Attorney or the District Attorney to prosecute cases of felons-in-possession–of-a-firearm. If a Guns Unit investigator responds to the scene and takes control of the investigation, the investigator is responsible for the steps in 4.1 and 4.2 and any additional investigation.
4. ACTION
4.1 When an officer or investigator (the “arresting officer”) arrests a subject, and the subject has a firearm on his or her person, the officer will carefully document that arrest and the possession of the firearm, in support of any further prosecution. The arresting officer will:
1. Read the arrestee the Miranda rights.
2. Not handle the firearm unnecessarily, but secure it and document its location. When feasible, photograph the location of the firearm before it is moved.
3. Take the firearm into evidence.
4. Check the firearm for stolen and the arrestee for a felony record and for parole or probation status. If the suspect has no valid identification, transport him or her to the Identification Unit to be processed through the AFIS system in an effort to obtain his or her true identity.
5. Having made the firearm safe, turn it in to Property as evidence with a “hold” for the Guns Unit. Write the subject's date of birth and Social Security Number on the evidence tag and on the property inventory sheet.
6. Clearly articulate each step in finding, handling, and investigating the firearm in the incident report narrative. Clear documentation is essential for successful prosecution.
4.2 When an officer arrests a subject and there is a firearm in the immediate vicinity, and it is unclear whether the firearm was in the possession of the subject, the officer will take the steps in Section 4.1, and attempt to determine from those at the scene who had possession of the firearm, and will:
1. Place it carefully in a paper bag to prevent the removal or addition of fingerprints and take it to ID for fingerprinting; or
2. Call a Gun Unit investigator to have the firearm processed; or
3. Call an I.D. technician to the scene to take possession of the firearm for processing.
4.3 If there are no charges on a subject, but a firearm is present and the officer suspects that the subject may be a felon in possession of a firearm, before releasing the subject, the officer will query the subject's criminal history for a felony record.
4.4 After approving an officer’s or investigator’s incident report for one of these arrests, the supervisor will email, fax, or forward (through Departmental mail) a copy of the report to the Guns Unit within 24 hours.
5. DEFINITIONS
N/A
APD.SOP.3032 “Felons in Possession of Firearms”, July 1, 2007
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