Atlanta Police Department

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�.

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 New Directives

4.1.1 APD.SO.12.04 Written Directive Update May 2012 Eagle Reform/Law Dept. 3rd Revision

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.

4.2 Updated Directives

4.2.1 APD.SOP.2010 Work Rules

A new Section 4.3.6 should be added which shall read as follows:

4.3.6 Preservation of Information

1. Employees who receive a request to produce or preserve Information (as defined below) pursuant to a subpoena issued in a criminal or civil case; an order from a court; an order from a supervisory employee; a discovery request in civil litigation; or a request by the Law Department or their own legal counsel, must preserve such information in their custody or control.

2. Employees shall not knowingly delete or destroy any information requested or identified pursuant to subsection (1) of this work rule, and must immediately suspend deletion, overwriting, or any other possible destruction of the information.

3. Information subject to this work rule includes but is not limited to data related to an employee�s official duties contained on mobile phones, portable electronic devices, laptop computers, desktop computers, external hard drives, cameras, recording devices, and other electronic devices; emails; text messages; internet messages or postings of any kind; phone call logs; voice mails; memos; letters; facsimiles; reports; calendars (electronic and paper); diaries; summaries; minutes of meetings (handwritten or typed); personnel files; evaluations, travel and expense records; audio and video recordings, dispatch and radio recordings; films; photographs; transcripts; surveys; handwritten notes; and computer records stored on tape.

4.2.2 APD.SOP.2011 General Conduct

Section 4.4.1 should be amended such that it shall read as follows:

4.4.1

1. 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.

2. Employees shall not intentionally delete or destroy the original or sole copy any photograph, audio, or video recording of police activity created by a member of the public.

3. Employees shall not intentionally delete or destroy the original or sole copy of any photograph, audio, or video recording relating to any use of force described under the �Reporting Requirements� section of APD SOP 3010 (�Use of Force�).

4.2.3 APD.SOP.2020 Disciplinary Process

Section 4.3.5(3) should be revised such that it shall read as follows:

4.3.5

3. Category "D" Violations:

PROCEDURAL VIOLATIONS		STANDARD

CITY PROPERTY
*Unauthorized Use of		A-D

FIREARMS
*Carrying an Unauthorized Second Weapon		B-D
*Improper or Unauthorized Discharge		B-D

PROCEDURE
*Release of Confidential Information		B-D

NEGLECT OF DUTY		STANDARD

COURT APPEARANCE
*Improper Testimony		A-D
*Failed to Notify the Chief of Police of involvement in a court action in any capacity other then as a witness for the prosecution or for the City of Atlanta		A-D
*Preservation of Information		D Dismissal

PROPERTY/EVIDENCE
*Failed to Properly Control or Dispose of		A-D

USE OF FORCE
*Unauthorized Force		C-D

INSUBORDINATION
*Failed to Obey a Supervisor		B-D
*Refused to Cooperate with a Relief from Duty		D

LOSS OF JOB STANDARDS
*Unsatisfactory Performance		B -D
*Temporary or Permanent Loss of Job Requirements		D
JOB ABANDONMENT
*Three or more Consecutive AWOLS		D

CONDUCT AND BEHAVIOR		STANDARD

SOLICITING OR ACCEPTING GRATUITIES
*Accepting Gratuities		A-D
*Soliciting Gratuities		C-D
COOPERATION
*Uncooperative with a Traffic Investigation		B-D
*Interfering with Traffic Investigation		B-D
*Uncooperative with Administrative Investigation		C-D
*Interfering with Administrative Investigation		C-D
*Uncooperative with a Criminal Investigation		C-D
*Interfering with Criminal Investigation		C-D

WORKPLACE VIOLENCE		B-D

DOMESTIC VIOLENCE		B-D

SUBSTANCE ABUSE ISSUES
*Failure to Report the use of any Substance Taken for any Reason which could Adversely Impact on the Employees Judgment or Performance to an Immediate Supervisor when Reporting to Work and Prior to Commencing Work		B-D
*Drinking On Duty or While Working an Extra Job		C-D
*Reporting to Work with the Smell of Alcohol		C-D
*Off Duty D.U.I. Arrest		C-D
*Abuse of Prescription Medication		C-D
*On or Off Duty use of any Illegal Substance		D Dismissal
*Failure to Immediately Cooperate and Submit to a Substance Analysis Test When Requested		D Dismissal
*Failure to Successfully Complete Employee Assistance Program for Drugs		D Dismissal
*Failure to Successfully Complete EAP for Alcohol		D

ABUSE OF AUTHORITY
*Discriminatory Practices		C-D
*Sexual Harassment		C-D
*Sexual Misconduct		C-D
*Interference with Citizen�s Right to Record		D Dismissal

TRUTHFULNESS
*Untruthful (Written or Oral)		D Dismissal

SUPERVISORY RESPONSIBILITY
*Failure to Properly Supervise		A-D
CRIMINAL MISCONDUCT
*Any Misdemeanor Conviction		C-D
*Any Criminal Misconduct whether Charged or Not		C-D
*Any Felony Conviction		D Dismissal
*Any Domestic Violence Conviction		C-D

4.2.4 APD.SOP.3080 General Procedures

4.12.2 Strip/Body Cavity Searches

(CALEA 5th ed. standard 1.2.8)

1. A strip search or a body cavity search incident to a lawful arrest shall only be conducted where reasonable articulable suspicion exists that the suspect is concealing a weapon, explosive device, or contraband, and may be conducted only at a jail, correctional, or detention facility after transport. After an initial search incident to an arrest, the officer shall:

a. Notify his or her supervisor that the subject in the officer�s custody may be concealing an unknown item and request permission to have a strip search or body cavity search conducted.

b. Request that a strip search or body cavity search be conducted by the Department of Corrections at the jail after transport. Searches must be conducted out of public view and by a person of the same gender. Body cavity searches must be conducted by qualified medical personnel.

c. Ensure that the incident report contains detailed information about the search to include: the date, place and time of the search; the justification for the search; the name of the person conducting the search; the name of any witnesses to the search; the identity of the person being searched; and the type of contraband located and where on the body found.

2. A body cavity search that is not incident to a lawful arrest must be supported by a search warrant. If an officer has probable cause to believe that a person is concealing a weapon, explosive device, or contraband, the officer shall obtain a search warrant prior to a body cavity search.

a. Searches must be conducted out of public view and by a person of the same gender. Body cavity searches must be conducted by qualified medical personnel.

b. Ensure that the incident report contains detailed information about the search to include: the date, place and time of the search; the justification for the search; the name of the person conducting the search; the name of any witnesses to the search; the identity of the person being searched; and the type of contraband located and where on the body found.

3. Definitions

a. Strip Search: Removal or rearrangement of clothing to permit visual inspection of a person�s 1) undergarments, 2) buttocks, 3) anus, 4) genitals, or 5) breasts. The following does not constitute a strip search: 1) removal or rearranging of clothing reasonably required to render medical treatment or assistance, or 2) removal of articles of outer clothing, such as coats, ties, belts or shoelaces.

b. Body Cavity Search: Visual inspection or manual search of a person�s anal cavity or vaginal cavity.

N/A

N/A