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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

Special Order

 

 

Effective Date

June 30, 2011

 

APD.SO.11.04

Written Directive Update

Eagle Reform

June 2011

Applicable To: All employees

Approval Authority:  Chief George N. Turner

Signature:  Signed by GNT

Date Signed:  9/26/11

 

  Table of Contents    
 

1.          PURPOSE  PAGEREF _Toc304891913 \h 1

2.          POLICY  PAGEREF _Toc304891914 \h 1

3.          RESPONSIBILITIES  PAGEREF _Toc304891915 \h 1

4.          ACTION   PAGEREF _Toc304891916 \h 1

4.1           Updated Directives  PAGEREF _Toc304891917 \h 1

4.1.1        APD.SOP.1060 Public Affairs  PAGEREF _Toc304891918 \h 1

4.1.2        APD.SOP.2010 Work Rules  PAGEREF _Toc304891919 \h 2

4.1.3        APD.SOP.2011 General Conduct PAGEREF _Toc304891920 \h 2

4.1.4        APD.SOP.2020 Disciplinary Process  PAGEREF _Toc304891921 \h 2

4.1.5        APD.SOP.2060 Extra Jobs  PAGEREF _Toc304891922 \h 3

 

 

 

4.1.6        APD.SOP.3080 Training  PAGEREF _Toc304891923 \h 4

4.1.7        APD.SOP.2130 Dress Code  PAGEREF _Toc304891924 \h 4

4.1.8        APD.SOP.3020 Search and Seizure  PAGEREF _Toc304891925 \h 5

4.1.9        APD.SOP.3030 Arrest PAGEREF _Toc304891926 \h 6

4.1.10      APD.SOP.3110 GCIC and NCIC Information  PAGEREF _Toc304891927 \h 7

4.1.11      APD.SOP.4020 Zone Discretionary Unit PAGEREF _Toc304891928 \h 7

4.1.12      APD.SOP.5192 Auto Theft Task Force  PAGEREF _Toc304891929 \h 7

5.          DEFINITIONS  PAGEREF _Toc304891930 \h 7

6.          CANCELLATIONS  PAGEREF _Toc304891931 \h 7

7.          REFERENCES  PAGEREF _Toc304891932 \h 7

 

 

 

1.               PURPOSE

 

This order summarizes mandated Eagle Reform revisions to existing departmental written directives. The full text to all current directives can be found on the Horizon intranet site at “http://horizon”. 

 

2.               POLICY

 

The Atlanta Police Department will keep its written directives up to date and promptly notify affected employees.

 

3.               RESPONSIBILITIES

 

3.1              Bureau, division, and section commanders will implement these changes in their commands, making sure that affected employees are notified.

 

4.               ACTION

 

4.1              Updated Directives

 

4.1.1           APD.SOP.1060 Public Affairs

 

1.     Section 4.2.2 was revised and it now reads:  Employees will not allow any person to interfere with the investigation of a crime, accident, or any other incident scene. The mere presence of a person taking pictures or asking questions about the incident does not necessarily constitute unlawful interference. Therefore, employees will not interfere with a citizen’s right to make video, audio, or photographic recordings of police activity, as long as such recording does not physically interfere with the performance of an officer’s duty.  In the event that a media representative acting in their professional capacity is arrested, the Public Affairs Unit must be immediately notified.

 

4.1.2           APD.SOP.2010 Work Rules

 

1.     Section 4.2.23 was revised and it now reads:  Giving Identification

 

       Employees shall identify themselves by name, badge number, assignment and department issued identification card upon request while on duty or performing their official duties unless doing so would compromise their safety or the safety of others due to the nature of their assignment or the task.

 

2.     Section 4.4.23 (2) was added and it now reads:

 

Sworn employees at the rank of Investigator or above shall provide, upon request, the badge number that was initially assigned to them at the rank of Officer.

 

4.1.3     APD.SOP.2011 General Conduct

 

1.     Throughout the directive was revised in compliance with Standards of the Commission on Accreditation for Law Enforcement Agencies (CALEA) 5th Edition.

 

2.     Section 4.4 was included in this directive and is titled, “Audio, Video or Photographic Recording Devices.”

 

3.     Section 4.4.1 was included and states:

 

All employees shall be prohibited from interfering with a citizen’s right to record police activity by photographic, video, or audio means.  This prohibition is in effect only as long as the recording by the citizen does not physically interfere with the performance of an officer’s duties.

 

4.1.4           APD.SOP.2020 Disciplinary Process

 

1.     Section 4.2.2 (1) was added and it now reads:

 

For Investigations handled by OPS, a notification letter for a sworn statement will be forwarded to all involved employees and his/her chain of command to include; the Unit/Watch Commander and Assistant Commander or administrative supervisor. An email, with the attached notification letter, will also be sent to the employee(s) chain of command to include; the Unit/Watch Commander and Assistant Commander or administrative supervisor. It is the employee’s responsibility to adhere to the date/time on the notification letter or otherwise make contact with the OPS Investigator to make further arrangements.

 

2.     Section 4.2.2 (6) was revised and it now reads:

 

Supervisors and investigators should maintain a log of complaint files and ensure that no investigation remains overdue without cause.  The investigator will report the status of the investigation to his or her supervisor every seven calendar days.  An extension request must be in writing and submitted to the chain of command and to OPS. This extension must include the reason for the extension and an expected new deadline date.  The extension must be included in the investigative file.  If the investigation extends beyond 14 days, the OPS Commander shall be notified.

 

3.     Section 4.2.2 (9) was added and it now reads:

 

All complaints, regardless of the nature of the complaint, shall be investigated and adjudicated within one hundred and eighty (180) days of the complaint.  In instances whereby an investigation is not completed within the aforementioned timeframes, a letter outlining the delay, the extension and the new deadline, must be forwarded to the OPS Commander.  This documentation will become a part of the investigative file.

 

4.     Section 4.2.4 (1) was revised and it now reads:

 

OPS will notify the complainant immediately of the disposition of the case and of the right to review the investigative folder within 25 days after receiving notice of the formal disposition.

 

5.     Section 4.6.2 (6) was added and it now reads:

 

Employees on suspension or administrative leave without pay may be allowed to work Type I extra jobs provided they submit an extra job request to the OPS Commander for approval by the Chief of Police (or his or her designee).

 

6.     Section 4.10.3 (2) & (3) were revised and they now read:

 

Relieve the employee of their Department-issued firearms, badges, and, when possible, Department I.D.  In order to ensure the safety of other employees and the public, the supervisor will also take for safekeeping all Department registered second weapons carried by the employee.  Upon obtaining the confiscated Department-issued equipment, the supervisor shall turn over the equipment to the Property Control Unit as property.

 

All items will be stored in the Property Control Unit and the supervisor or disciplinary authority will complete a property evidence report identifying each item collected.  Property Control Unit will provide the control number for the property evidence form.  In instances whereby the employee was relieved of duty by an OPS Supervisor, all Department-issued equipment shall be stored in the OPS safe.

           

4.1.5           APD.SOP.2060 Extra Jobs

 

1.     Section 4.6.10 was added and it now reads:

 

When conducting a warrantless seizure, search or frisk of a person inside any residence or commercial building or structure, officers on self-initiated calls must complete the ICIS Demographics tab under Field Contact.  In instances whereby an officer calls 9-1-1 and he or she is, in turn, the primary unit responding to said call, the ICIS Demographics tab under Field Contact must also be completed.  This requirement does not apply to officers responding to dispatched calls for service.

 

2.     Section 4.6.11 was added and it now reads:

 

Documentation of Identification Checks

 

All ACIC/GCIC/NCIC identification checks conducted inside of a residence and/or  commercial building or structure, conducted by sworn Atlanta Police personnel, shall complete the Field Contact tab in ICIS. This requirement shall apply only to officers on self-initiated calls.

 

The Field Contact tab in ICIS must clearly specify the justification (consent, pursuant to arrest or Terry Stop) for the ACIC/GCIC/NCIC identification check,

 

Pursuant to a ACIC/GCIC/NCIC identification check conducted inside of a residence and/or commercial building or structure by a sworn Atlanta Police personnel, the Field Contact information  shall be imputed in ICIS prior to the end of the officer’s shift. Off-duty officers working a Department-approved extra-job must also adhere to this requirement.

 

4.1.6           APD.SOP.3080 Training

 

1.     Section 4.2.5 was added and it now reads:

The Training Unit commander shall conduct mandatory, in-person training for all sworn   employees on criminal procedures (ex. Search and Seizure, Arrest Procedures and Work Rule policies) biannually.

 

4.1.7           APD.SOP.2130 Dress Code

 

1.     Sections 4.3.25 Raid Uniform was revised and it now reads:

 

Employees in plain-clothes assignments will wear a raid uniform when serving warrants.  The raid uniform will be a blue jumpsuit, jacket or the Department approved black mesh vest that clearly and readily identifies the employee as a police officer. The metal breast badge or an embroidered cloth badge will be worn on the left breast side and the metal nameplate or embroidered name patch will be worn on the right breast side of the jumpsuit, jacket or the Department approved black mesh vest.

 

2.     4.3.29 (1) Auto Theft Task Force

 

Employees assigned to the Auto Theft Task Force (ATTF) will wear black BDU pants and

long or short sleeve t-shirts with the Department approved black mesh vest that clearly and

readily identifies the employee as a police officer.  The metal breast badge or an embroidered cloth badge will be worn on the left breast side and the metal nameplate or embroidered name patch will be worn on the right breast side of the Department approved black mesh vest.

 

3.     4.3.30 (1) & (2) Discretionary Units were revised and they now read:

 

Employees assigned to Field Investigation Teams (FIT) will either wear plain clothes or will wear black BDU pants and long or short sleeve t-shirts with the Department approved black mesh vest that clearly and readily identifies the employee as a police officer.  The metal breast badge or an embroidered cloth badge will be worn on the left breast side and the metal nameplate or embroidered name patch will be worn on the right breast side of the Department approved black mesh vest.  Zone commanders may authorize other uniforms based on a particular assignment or detail.

 

Units operating within the Zones as Crime Suppression Teams may wear Class A uniforms, the Bike Patrol uniformed described in Section 4.3.26 or a blue jumpsuit with Police or Atlanta Police reflective lettering on the back so as to clearly identify them as police officers.  The Atlanta Police patches will be worn on each shoulder.  The embroidered cloth badge will be worn on the left breast and their name and rank on the right breast.  The equipment belt and gear will be black nylon webbing.  Zone commanders may authorize other uniforms based on a particular assignment or detail.

 

4.     Section 4.3.33 was revised and it now reads:

 

Employees assigned to the Police Athletic League, in addition to Department-approved wear, may wear Department-approved polo shirt with their name and rank embroidered on the right breast side and khaki shorts during the summer months.

 

4.1.8           APD.SOP.3020 Search and Seizure

 

1.     Section 4.1.6 was added it now reads:

 

Sworn personnel of the Atlanta Police Department shall only lawfully take or demand identification, or require an individual to identify him/herself when reasonable suspicion exists that the individual is engaged or had engaged in criminal conduct.

 

2.     Section 4.3.3 (3c) was added and it now reads:

 

When conducting a warrantless seizure, search or frisk of a person inside any residence, commercial building or structure, officers on self-initiated calls must complete the ICIS Demographics tab under the Field Contact. In instances whereby an officer calls 9-1-1 and he or she is, in turn, the primary unit responding to said call, the ICIS Demographics tab under the Field Contact must also be completed.  This requirement does not apply to officers responding to dispatched calls for service.

 

3.     Section 4.3.3 (4) was revised and it now reads:

 

The authority to detain or stop does not automatically include the authority to frisk or pat down.  A stop is a brief (temporary) investigative detention of an individual short of arrest. A frisk is an intrusion reasonably necessary to discover weapons, based on the officer’s belief that the person may be armed.  The authority to frisk or pat down must not be driven by an investigatory motive, but propelled by the officer’s concern for their safety or the safety of others. If, following the stop, the officer reasonably believes that the person is both armed and presently dangerous, they may frisk the suspect for weapons.  The frisk may not be justified by the desire to discover or prevent the destruction of evidence in the absence of probable cause, and a valid stop does not justify a frisk.  The scope of the frisk must be limited to an intrusion necessary to discover weapons on or about the person detained.

 

4.     Sections 4.3.7 (e) & (f) were added and they now read:

 

Consent must be obtained utilizing the Consent to Search Form (APD Form 310-311).

 

On all consents, the Consent to Search Form shall be completed prior to conducting the search.  Regardless if an arrest is made, officers must complete the Consent to Search Form. The form must be completed and turned into property as evidence prior to the end of his/her shift.  Off-duty Police Officers working a Department-approved extra-job must also adhere to this requirement.

 

5.     Sections 4.3.13 (1), (2) & (3) were added and they now read:

 

Documentation of Identification Checks

 

All ACIC/GCIC/NCIC identification checks conducted inside of a residence and/or commercial building or structure, conducted by sworn Atlanta Police personnel, shall complete the Field Contact tab in ICIS.  This requirement does not apply to officers responding to dispatched calls for service.  This requirement applies to officers on self-initiated calls.  In instances whereby an officer calls 9-1-1 and he or she is, in turn, the primary unit responding to said call, the ICIS Demographics tab under the Field Contact must also be completed.

 

The Field Contact tab in ICIS must clearly specify the justification (consent, pursuant to arrest or Terry Stop) for the ACIC/GCIC/NCIC identification check,

 

Pursuant to a ACIC/GCIC/NCIC identification check conducted inside of a residence and/or commercial building or structure by a sworn Atlanta Police personnel, the Field Contact information shall be imputed in ICIS prior to the end of the officer’s shift. Off-duty officers working a Department-approved extra-job must also adhere to this requirement.

 

6.     Section 5.14 was added and it now reads:

 

Self-initiated calls: Police intervention whereby an officer was not dispatched for service but rather took it upon him or herself to initiate the police intervention.

 

4.1.9           APD.SOP.3030 Arrest

 

1.     Section 4.1.4 was revised and it now reads:

 

Arrest Without a Warrant

 

An arrest for a crime may be made without a warrant when there is probable cause and/or if the offense:

 

Is committed in an officer’s presence or within an officer’s immediate knowledge;

 

If the offender is attempting to escape;

 

If the officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult 18 years or older who cannot protect him or herself from mental or physical abuse because of a physical or mental impairment; or

 

For other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant. (OCGA 17-4-20)

 

2.     Section 4.1.7 (6) was revised and it now reads:

 

When conducting a warrantless seizure, search or frisk of a person inside any residence or commercial building or structure, officers on self-initiated calls must complete the ICIS Demographics tab under Field Contact.  In instances whereby an officer calls 9-1-1  and he or she is, in turn, the primary unit responding to said call, the ICIS Demographics tab under the Field Contact must also be completed.  This requirement does not apply to officers responding to dispatched calls for service.

 

4.1.10         APD.SOP.3110 GCIC and NCIC Information

 

1.     Section 4.1.8 was added and it now reads:

 

While conducting wanted checks on suspicious persons that are stopped, Officers shall follow the procedures as outlined in APD.SOP.3065 “Field Interviews” section 4.2.1 and

APD.SOP.3020 “Search and Seizure” (CALEA), 5th Edition Standards 42.2.2 (g).

 

4.1.11         APD.SOP.4020 Zone Discretionary Unit

 

1.     Section 4.1.4 was revised and it now reads:

 

Employees assigned to Field Investigation Teams (FIT) will either wear plain clothes or will wear black BDU pants and long or short sleeve t-shirts with the Department approved black mesh vest that clearly and readily identifies the employee as a police officer.  The metal breast badge or an embroidered cloth badge will be worn on the left breast side and the metal nameplate or embroidered name patch will be worn on the right breast side of the Department approved black mesh vest.  Zone commanders may authorize other uniforms based on a particular assignment or detail.

 

4.1.12         APD.SOP.5192 Auto Theft Task Force

 

1.     Section 4.3.4 was revised and it now reads:

 

Employees assigned to the Auto Theft Task Force (ATTF) will wear black BDU pants and long or short sleeve t-shirts with the Department approved black mesh vest that clearly and readily identifies the employee as a police officer.  The metal breast badge or an embroidered cloth badge will be worn on the left breast side and the metal nameplate or embroidered name patch will be worn on the right breast side of the Department approved black mesh vest.

 

5.               DEFINITIONS

 

                  N/A

 

6.               CANCELLATIONS

 

                  N/A

 

7.               REFERENCES

 

                  N/A