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  NUMBER: APD.TM.RCT.05.14  EFFECTIVE DATE:  12/31/2005

 

SUBJECT: 2005 Roll Call Training Summary

 

DISTRIBUTION:      All Sworn Employees             

 

APPROVAL  AUTHORITY  TITLE :      Academy Director

 

SIGNATURE: Lt. M.A. Perdue               DATE: 12/31/2005

     
 

Important information is disseminated throughout the year to departmental personnel by the use of a roll call training program.  The program is designed to supplement our sworn employee’s In-Service Training with relevant, timely information that is job related.

 

A major initiative of the academy staff is the key point summary at the end of each calendar year.  This final roll call issue will consist of the key points of each issue throughout the year. 

 

Benefits of a key point summary of the roll call training issues are 1.) sworn employees will be able to focus on the retention of the major points, 2.) the likelihood of retention will be increased through repetition, and 3.) it will streamline each sworn employee’s preparations for the following year’s In-Service Training.

 

  A.         RCT 05.01     Crash Bumper Restriction

 

         1.         The installed equipment referred to as the “Crash Bumper” is designed to

protect the vehicle bumper and front-end area from low velocity impact.

 

2.                  Any instance that involves the use of a patrol vehicle to assist in moving a stranded vehicle will be documented utilizing the appropriate incident report. The vehicle should be inspected following an authorized assist to ensure that all equipment integrity is maintained.

 

B.        RCT 05.02     Traffic Citation Update / Accident Report Update

 

1.                  All drivers under the age of 21 will be issued licenses with red ink. These license are easily identifiable by the “Georgia” printed in red and a red border around the picture of the driver.

 

2.                  The courts concern is that officers be aware that any person charged with a traffic offense and is 16 years of age or younger not be given a City or State traffic court date. Instead of a traffic court date the officer will write “JUVENILE” in the space provided for the court date.

 

3.                  A juvenile without a valid driver’s license who is arrested for DUI, regardless of age, is not subject to the Georgia Implied Consent Law and cannot be given a blood or breath test, unless permission has been granted by the juvenile’s parent(s) or legal guardian.

 

4.         The City of Atlanta Municipal / Traffic Courts must report convictions to the DMVS within 10 days of the conviction.

 

5.         In order to help the City of Atlanta meet these deadlines, officers must ensure that their UTC is accurate, legible, and timely.

 

C.        RCT 05.03     Written Directive Update / Citation Book Accountability

 

1.         The Property Control Unit is responsible for the inventory and distribution of all citation books purchased by the Department.

 

2.         Supervisors are responsible for accounting for all citation books distributed to their command, distributing citation books to employees within their command, and forwarding appropriate records to Central Records.

 

3.         Employees are responsible for all citation books distributed to them and completing and maintaining records for all citations issued.

 

4.         The Central Records Unit is responsible for maintaining Department copies of all citations issued or voided and all corresponding documentation in a secure area, and for ensuring that all citations are accounted for.

 

5.         Employees must submit all parts of voided citations, except the “Officer Copy”, to Central Records through the chain of command at the end of their tour of duty. Form APD-023 “Voided Citation Memorandum” must be completed and accompany each voided citation.

 

6.                  All citations must be accounted for on Form APD-021 “Citation Log”. This form must be completed legibly and in its entirety and submitted to a supervisor after all citations in the citation book have been issued or voided.

 

7.                  A voided citation will be entered by writing “VOID” in the Defendant column. Form APD-021 “Citation Log” must be submitted to Central Records through the chain of command.

 

D.        RCT 05.04     Emergency Contact System Update

 

            1.         Business owners are required to comply with City Ordinance,
                        Section 30- 31:
 

An ordinance to require that all persons operating a business within the City of Atlanta shall furnish to the City information necessary to contact the owner or operator of said business in the case of emergency; to provide for the placing of a decal with a coded number at said business; and for other purposes”.

 

2.         The Emergency Code Number is unique to each zone, with the 1st number indicating the specific zone that the businesses falls within, followed by 4 additional numbers (ex: 1-4445). This number is entered on a sticker that is affixed to the inside of the front window or door of the business.

 

            3.         Procedures for Responding Officer(s): Upon arriving at the scene,

the officer will:

 

·        Assess the situation

·        Locate the Emergency Code Number (ECN) Sticker

·        Transmit the coded number to Communications EXACTLY as it appears ( 1,dash 4,5,5,6)

 

4.         Procedures for reporting outdated or no Emergency Code

Numbers on establishments

 

·        Fill out ECN Update Form and submit to Crime Prevention Personnel assigned to your zone or to the Community Services Section Administration Office/City Hall East/6th Floor

 

E.        RCT 05.05     Interrogation and The Miranda Warning

 

            1.         Two important points came out of this decision.

 

a. First, specified warnings must be given before custodial interrogation.

 

b. Second, the privilege against self-incrimination and the right to counsel must be 

    waived prior to custodial interrogation.

 

2.         In regards to custodial interrogation, a person is considered to be in custody when he or she is:

 

(1) Under arrest or,

 

(2) Not under arrest but deprived of their freedom in a significant way.

 

3.         There is also no requirement under the law that these waivers be made in writing. However, the Atlanta Police Department utilized the attached APD Form 905 to facilitate this process. It is always advisable to have this information in writing.

 

 

4.                  Officers should read the warnings and waiver request directly from the Miranda card, and should have a Miranda card on their person at all times while on duty.

 

5.         Court case law also holds that if the accused cannot understand the spoken language, the information may be given to the accused to read. If the accused signs the waiver form that he/she understands their rights, the interrogation is lawful and may continue.

 

F.         RCT 05.06     Physical Lineup, Photographic Lineup, and Show Ups

 

1.         The officer in charge will explain the lineup procedure to the suspect by advising him or her that he or she:

 

·        Will be required to stand in the line up to allow a witness an opportunity to make identification for a specified incident.

 

·        May be required to speak, move, or make a gesture, wear or remove clothing upon request by a witness to the officer conducting the lineup.

 

·        Has the right to an attorney to represent him/her at the lineup. If the suspect cannot afford an attorney then one will be appointed to represent the suspect at the lineup. The attorney will be given a reasonable time to arrive.

 

·        Has the right to waive the presence of an attorney and to proceed with the lineup. The waiver of an attorney should be made in WRITING, knowingly, without threats, fear, or promise of reward from the officer.

 

2.                  When selecting participants the officer will:

 

·        Select at least five other persons of similar characteristics (i.e., sex, age, height, weight, type of clothing).

 

3.                  Regarding witnesses the officer will:

 

·        Require the witness to mark the appropriate space on the “Witness Lineup Identification Form” which corresponds with the participant’s number, if positive identification is made.

 

·        Ensure that a permanent record is made of the line up by requesting the Identification Unit to photograph all members in the lineup in the exact sequence in which the witness viewed them.

 

4.                  Photographic Lineup

 

·        Officers will use a minimum of six photographs when conducting a

photographic lineup.

 

·        If the witness positively identifies a photograph, the officer will:

Require the witness to initial the back of the photograph so it can be

subsequently produced in court for identification purpose.

 

5.                  Show Ups

 

·        Show-ups will only be used in the following situations:

When a suspect is apprehended at or near the scene of a crime within a reasonable amount of time after its commission.

 

·        A “totality of circumstance” test will be applied to show-up confrontations to

determine the reliability of the identification

 

·        If a suspect is identified by a witness, the officer will:

 

-         Make a report detailing the circumstances that led to the arrest and

identification.

 

-         Allow only one witness to view the suspect for identification purpose and

require the other witnesses, if any, to view the suspect in an-custody lineup.

 

-         The officer will take every possible measure to protect witnesses during the show-up.

 

-         Suspects will not be taken to a witness home or place of employment. The witness will be brought to the place where the suspect is being detained.

 

G.        RCT 05.07     Disciplinary Process Update

 

1.         If a citizen or employee requests to be given a polygraph or Computer Voice Stress Analysis (CVSA) examination, the investigating supervisor should arrange for the polygraph or CVSA examination through the Office of Professional Standards. Polygraph or CVSA results can be used as investigative tools, but cannot be used as evidence unless both sides agree.

 

2.         Investigations will be completed or closed within 90 days. Investigations not completed within 90 days will contain documentation indicating the reason for the delay, and this documentation must be forwarded through the chain of command to the OPS commander.

 

3.         An oral admonishment may be administered by any supervisor in the employee’s chain of command. The oral admonishment will be given verbally and will communicate a warning of an error or inappropriate behavior, inform the employee of appropriate behavior and offer assistance in correcting the situation.

 

4.         Any sworn employee, whose use of force results in the serious injury or death of another person, will be placed on Force Usage Review Assignment.

 

If any supervisor feels the employee is suffering emotional or psychological impairment he/she may immediately relieve the employee from duty as described in Section 4.10.2.

            5.         SERIOUS PHYSICAL INJURY:

 

A bodily injury that creates a substantial risk of death; causes serious, permanent disfigurement; or results I long term loss or impairment of the function of any bodily member or organ.

 

H.        RCT 05.08     SOP Update – Signals and Codes

 

1.                  All officers will be required to be familiar with all SIGNALS and CODES.

 

2.         All radio communication between officers and dispatchers will be made in plain talk; with the exception of paragraph 5.

 

3.         All radio communications between the Department and outside agencies will be done in Plain Talk.

 

4.         Officers will utilize CODES when arriving on a call and when pulling in from calls of service.

 

5.         Officers and dispatchers will be required to use SIGNALS in all of the following situations:

 

                   SIGNALS                                     DEFINITIONS

20A                                                     Contagious Disease – HIV

20H                                                     Contagious Disease – Hepatitis

20T                                                     Contagious Disease – Tuberculosis

21                                                        Kidnapping

48                                                        Investigate Person Dead

49                                                        Investigate Rape or Attempt

59                                                        Meet Officer (Right away)

60                                                        Molesting Women or Child

63                                                        Officer needs Help

83                                                        Wanted/Escape Person

 

            6.         It should be noted that officer to officer communication using signals and

codes will not be discouraged in situation where it is necessary and

appropriate for the safety of officers and/or the effective resolution of the

situation.

 

 

I.          RCT 05.09     Carrying Concealed Weapons (16-11-26)

 

1.                  A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

 

2.         Any person who is eligible for a license under Code section 16-11-129 may transport a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle.

 

  J.       RCT 05.10     Patrol and Observation Techniques

 

            Patrol Types                                   

 

1.         Proactive patrol—used to reduce the opportunity of crime on the beat. Usually used to check businesses and subdivisions for suspicious persons.

 

2.        Reactive patrol—quick and safe response to 911 dispatched
                       call locations.

 

Patrol patterns:

 

1.         Random Patrol Patternpatrolling in an irregular and unpredictable manner. Creates an image of omnipresence while exerting maximum amount of pressure on the potential criminal.

 

2.         Circular Patrol Patternstarting from the most center interior of the beat and patrolling in a circular pattern toward the most outer parts of the beat and vice or versa.

 

3.         Double Back Patrol Patternpatrolling an area of the beat once and then turning around or “double back”, and cover the same area again traveling in the opposite direction.

 

NOTE: Investigators have asked suspects during debriefings about their perception of patrol officers, specifically what is that they look for when deciding to commit a crime – or not to commit a crime. A recurring answer given is that officers generally do not pay attention to their surroundings, and are predictable. Potential criminals simply watch patrol officers and plan their criminal activity based on our actions.

 

4.         Patrol Speeds—the beat officer should patrol at approximately 25 mph. This speed allows for the greatest level of visibility and perception for the beat officer.

 

NOTE: Not only does excessive speed lessen the patrol officers’ ability maintain awareness of surroundings, it is directly related to officer involved motor vehicle accidents…SLOW DOWN AND OBSERVE!

           

            Patrol Preparation

           

                        1.         Physical conditionget adequate sleep and exercise.

 

2.         Mental attitudepositive attitude and a survival mentality are qualities of the right mental attitude.

 

3.         Uniform—clean and pressed - free from wear and tear and other damages or missing items.

 

4.         Equipment—to include vehicle inspection; interior and exterior, replenish all forms and supplies. Insure that all gear on the duty belt is clean and free of rust, dust and dirt. Check dates on all OC canisters and ensure that ASP baton is wiped clean. Clear and clean city issued .40 cal handgun and all rounds

 

K.       RCT 05.11     City Ordinance Update  - Section 106-306 (Knives, razonr,

                                   similar weapons)

          

1.                  It shall be unlawful for any person to have in such person's possession, except

within such person's own reidence or place of business, any of the following implements unless securely wrapped so as not to be readily available for use:

(1) Any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle, the blade of which when open projects from the handle more than two inches;

(2) Any knife which has any obstruction or other device of any kind which holds the blade partly open, the blade of which when open projects from the handle more than two inches;

(3) Any knife of any kind, the blade of which when open projects from the handle more than three inches; this is intended to include all knives such as butcher knives or other knives which do not close;

(4) Any razor; or

(5) Any ice pick or similar device having a sharp point.

(Code 1977, § 17-4034)

 

2.         Application of Ordinance

 

Officers should note that this ordinance has five (5) elements to the prohibition paragraph. Particular emphasis should be directed to element (2), which states that knives with a blade that projects from the handle more than two inches and has any obstruction or other device intended to partially hold the blade open is a violation of this ordinance.

 

L.         RCT 05.12     Criminal History Inquiry Checks

 

1.         As it relates to Hurricane Katrina relief workers, volunteers and evacuees with access to children. For the purposes of this temporary program, volunteers include individuals/residents opening their homes to displaced persons. Background checks are temporarily authorized under the federal regulations regarding the emergency placement of children. Following are the conditions that must be followed for performing these searches.

 

2.                  The inquiry must be performed on a person related to Hurricane Katrina for the purpose of protecting a child. For example, the relief worker who will come into contact with children, evacuees that will be placed in a home or an area with children, or a housing provider who will bring evacuee children into their home.

 

3.         Federal requirements mandate the inquiry must be followed with fingerprints to the GCIC, which will be forwarded to the FBI. Fingerprints must be submitted to GCIC within 10 days of the name based query unless the placement or assignment is cancelled. Agencies are encouraged to maintain a log or file regarding cancelled placements/assignments to support the absence of fingerprint submission.

 

M.        RCT 05.13     Georgia Criminal Law Update – 2005

 

            40-8-73.1       Material Affixed to Front Windshield or Front Windows Which           

Obstruct Vision Into Vehicle (Window Tint) - Amended

 

(a) As used in this Code section, the term:

 

(1) 'Light reflectance' means the ratio of the amount of total light that is reflected outward by a product or material to the amount of total light falling on the product or material.

 

(2) 'Light transmission' means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through a surface to the amount of light falling on the surface.

 

(b) Except as provided in this Code section, it shall be unlawful for any person to operate a motor vehicle in this state:

 

(1) Which has material and glazing applied or affixed to the front windshield, which material and glazing when so applied or affixed reduce light transmission through the windshield; or

 

(2) Which has material and glazing applied or affixed to the rear windshield or the side or door windows, which material and glazing when so applied or affixed reduce light transmission through the windshield or window to less than 32 percent, plus or minus 3 percent, or increase light reflectance to more than 20 percent.

           

            16-13-30.3     Possession of Ephedrine, Pseudoephedring and                    

Phenylpropanolamine - Amended

 

(b.1)(1) Products whose sole active ingredient is pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent.

 

(2) No person shall deliver in any single over the counter sale more than three packages of any product containing pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of pseudoephedrine or its base, salts, optical isomers, or salts of its optical isomers.

 

16-8-5.1         Theft of Services by Deception - New

 

The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Sections 16-8-2, relating to theft by taking, 16-8-3, relating to theft by deception, 16-8-4, relating to theft by conversion, or 16-8-5, relating to theft of services, if a person knowingly:

           

(1)  Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner;

 

(2) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or

 

(3) Returned any property at a time beyond posted business hours of the owner. No person shall be convicted under Code Sections 16-8-2, relating to theft by taking, 16-8-3, relating to theft by deception, 16-8-4, relating to theft by conversion, or 16-8-5, relating to theft of services, where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.

 

32-9-4.1         FlexAuto Lanes, Authorized Usage - New

 

 

(a) As used in this Code section, the term 'FlexAuto lane' means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles during certain hours.

 

40-2-8             Operating Motor Vehicle without Registration or Valid License

Plate - Amended

 

                        Temporary Tags

 

The expiration date, the vehicle identification number, and the year, make, and model of the vehicle shall be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word or by three-letter abbreviation thereof.

 

40-2-6.1         Prohibited Use of Materials Covering License Plate- New

 

Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by inserting immediately following Code Section 40-2-6 a new Code Section 40-2-6.1 to read as follows: 

 

Any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00.

 

 

40-8-90          Flashing or Revolving Blue Lights - Amended

 

Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, is amended by striking Code Section 40-8-90, relating to restrictions on the use of flashing or revolving blue lights, and inserting in its place the following:

 

(a)(1) Except as provided in this paragraph and subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle equipped with or containing a device capable of producing any blue lights, whether flashing, blinking, revolving, or stationary.

 

16-11-105      Discharging Firearm on Sunday (Deleted)

 

                                    Note:  Enforcement of this statute is no longer applicable.

 

 

Any questions concerning this training issue should be directed to the academy at (404) 209-5250.