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Applicable To: All employee |
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Approval
Authority: Chief George N. Turner |
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Signature: Signed by GNT |
Date Signed: 1/17/12 |
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| Table of Contents | |||
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4.2.2 APD.SOP.2020 Disciplinary Process 4.2.4 APD.SOP.3020 Search and Seizure 4.2.5 APD.SOP.3030 Arrest Procedures |
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This order summarizes revisions to existing directives and new directives. as directed by the Law Department. The full text to all current directives can be found on the Horizon intranet site at “http://horizon”.
The Atlanta Police Department will keep its written directives up to date and promptly notify affected employees.
3.1 Division and section commanders will implement these changes in their commands, making sure that affected employees are notified.
4.1.1 APD.SO.11.10 Written Directive Update December 2011 Law Department Final Changes
1. This directive highlights the direct changes made by the Law Department and submitted to the Atlanta Police Department for revisions to the Standard Operating Procedures.
1. Section 4.2.22 (3) should be added such that 4.2.22 shall read as follows:
1. While on duty and not in uniform, in Atlanta Police Department facilities, employees shall wear the department’s issued photo identification card above the waist.
2. While on duty and not in uniform, outside department’s facilities, employees shall have the department issued photo identification card readily available on their person. Employees working undercover assignments are exempt from this requirement.
3. While on duty and in uniform, other than a rain slicker or a traffic direction vest, employees shall wear a conspicuously visible nametag.
2. Section 4.2.23 should be revised such as it shall read as follows:
4.2.23 Giving Identification
1. Employees who are in uniform, who have displayed a badge or have otherwise identified themselves as sworn employees shall identify themselves by name and badge number, upon request while on duty or performing their official duties.
2. 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.
4.2.2 APD.SOP.2020 Disciplinary Process
1. Section 4.2.2 (8) should be revised such that it shall read as follows:
8. All citizen complaints, regardless of the nature of the complaint, shall be investigated and adjudicated within one hundred and eighty (180) days of the complaint. Failure to timely resolve citizen complaints may result in disciplinary action.
1. Section 4.6.10 should be revised such that it shall read as follows:
4.6.10 Documentation of Warrantless Seizure, Search or Frisk
1. 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 the Field Contact tab. 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 tab must also be completed. This requirement does not apply to officers responding to dispatched calls for service.
2. The ICIS Demographics Tab under Field Contact must clearly specify:
(a) the specific facts giving rise to reasonable articulable suspicion regarding a crime;
(b) whether the individual was frisked for weapons, and if so the specific facts giving rise to reasonable articulable suspicion that the individual was both armed and dangerous;
(c) whether the individual was searched for anything other than weapons, and if so, the specific facts giving rise both to probable cause and exigent circumstances;
2. Section 4.6.11 should be revised such as it shall read as follows:
4.6.11 Documentation of Identification Checks
1. 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 Demographics tab under 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;
2. The ICIS Demographics Tab under the Field Contact tab must clearly specify:
(a) the specific facts giving rise to reasonable articulable suspicion regarding a crime;
(b) whether the individual was frisked for weapons, and if so the specific facts giving rise to reasonable articulable suspicion that the individual was both armed and dangerous;
(c) whether the individual was searched for anything other than weapons, and if so, the specific facts giving rise both to probable cause and exigent circumstances;
3. Pursuant to a ACIC/GCIC/NCIC identification check conducted inside of a residence and/or commercial building or structure by 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.
4.2.4 APD.SOP.3020 Search and Seizure
1. Section 4.3.1 should be revised such as it shall read as follows: 4.3.1 Generally
1. There is a constitutional preference for searches to be conducted pursuant to a warrant rather than without one. Searches conducted without a warrant are per se unreasonable and subject to only a few specifically well-delineated exceptions.
2. Probable Cause must exist to make a warrantless search. Specifically, to justify a warrantless search, two essential elements must exist:
a. It must be established that the exigent circumstances at the time of the search were sufficient to require immediate action, which necessitated not complying with the restrictions of the warrant requirement of the Fourth Amendment.
b. The manner and scope of the search that was conducted must be reasonably related to the justification of the search.
3. In a lawful search without a warrant, officers may seize any contraband, stolen property, or mere evidence of a crime which is in plain view and which is immediately recognizable as such, provided that the scope of the search was strictly tied to and justified by the circumstances that rendered it permissible when initiated. In this case the officer/investigator should make every effort to “Freeze” the scene and obtain a warrant before searching the premises more thoroughly.
2. Section 4.3.3 (3) should be revised such that 4.3.3 shall read as follows:
3. Officers may detain an individual when they have articulable facts that lead them to believe criminal activity is occurring. Officers will consider the totality of the circumstances in determining whether reasonable articulable suspicion exists authorizing the detention. Based upon this, officers must have a particularized and objective basis for suspecting the particular person detained of criminal activity. The following elements must exist prior to the stop for it to be permissible:
a. The assessment must be based on a totality of the circumstances. This analysis proceeds with various objective observations, information, and the consideration of the modes and patterns of operation of certain kinds of lawbreakers. From this information, an officer draws inferences and makes deductions.
b. This process must raise a suspicion that the particular individual being detained is engaged in a criminal act or the furtherance of a criminal act, or suspected of being one wanted in connection with a completed criminal violation.
c. 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 tab. 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 tab must also be completed. This requirement does not apply to officers responding to dispatched calls for service.
d. The ICIS Demographics Tab under the Field Contact tab must clearly specify:
3. Section 4.3.13 should be revised such as it shall read as follows:
4.3.13 Documentation of Identification Checks
1. All ACIC/GCIC/NCIC identification checks conducted inside of a residence and/or commercial building or structure by sworn Atlanta Police personnel, shall require the completion the Demographics Tab under 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;
2. The ICIS Demographics tab under the Field Contact tab must clearly specify:
(a) the specific facts giving rise to reasonable articulable suspicion regarding a crime;
(b) whether the individual was frisked for weapons, and if so the specific facts giving rise to reasonable articulable suspicion that the individual was both armed and dangerous;
(c) whether the individual was searched for anything other than weapons, and if so, the specific facts giving rise both to probable cause and exigent circumstances;
3. Pursuant to an 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.
4.2.5 APD.SOP.3030 Arrest Procedures
1. Section 4.1.4 should be revised such that it shall read as follows:
4.1.4 Arrest Without a Warrant
1. An arrest of a person in his or her home requires either an arrest warrant or probable cause plus exigent circumstances. Otherwise, an arrest for a crime may be made without a warrant when there is probable cause and/or if the offense:
a. is committed in an officer’s presence or within an officer’s immediate knowledge;
b. if the offender is attempting to escape;
c. if the officer has probable cause to believe that an act of family violence has been committed;
d. 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
e. 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. When affecting an arrest without a warrant, the officer should make the arrest without undue delay. Any undue delay will necessitate an arrest warrant.
3. Employees may pursue the offender anywhere within the State until the arrest is complete, provided that the pursuit is continuous and uninterrupted.
4.2.6 APD.SOP.3065 Field Interviews
1. Section 4.1 et seq. should be revised such that it shall read as follows:
4.1 Stops
4.1.1 Officers may detain an individual only when they have reasonable articulable suspicion that the individual is involved in criminal activity. If, following the stop, the officer reasonably believes that the person is both armed and presently dangerous, they may frisk for weapons. (See APD.SOP. 3020 § 4.3.3).
4.1.2 Before an officer stops a suspicious person, the officer will pull out of service with the dispatcher and give the following information: location, number of persons, sex, race, approximate age, and clothing description. Avoid making stops in a crowd.
4.1.3 When making stops at night, direct the vehicle lights, spotlights, or flashlight on the subject(s).
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