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HAYDEN POLICE DEPARTMENT DIRECTIVE

HAYDEN POLICE DEPARTMENT HAYDEN, ARIZONA

Hayden Police Department


601 Hayden Avenue Hayden, Arizona 85135 Telephone: (520) 356-6205 Fax: (520) 356-7039 To: Hayden Police employees From: Chief Eric A. Duthie Date: January 26, 2001 Re: Policies Effective immediately the following deletions are made to the Hayden Police Department policy manual:

HAYDEN POLICE DEPARTMENT DIRECTIVE

1-1 Legal references; 1-5 Definitions; 2-2 / 2-6 Organization and function; 3-6 / 3-8 Management rules and regulations; 3-8 / 3-10 Critical situation/deployment; 4-1 Management rules and procedures; 5-1 Field training program; The following policies, already existing in the policy manual, supersede and replace the deleted policies. This memo formalizes the existing practice since the implementation of each policy revision: 96-01 Domestic violence intervention; 96-02 Court issued orders of protection; 96-04 Use of force; 96-05 Operation of police vehicles; 97-01 Search and seizure; 97-02 Crime scene investigations; 97-03 Employee performance evaluations; 97-04 Personal performance records; 97-05 Employee personnel files; 97-06 Department property; 97-07 Care and use of department vehicles; 97-08 Organization purpose; 97-09 Budget and fiscal process; 97-10 Employee promotion.

HAYDEN POLICE DEPARTMENT DIRECTIVE


SUBJECT: Domestic Violence Intervention Policy Number: 96-01 EFFECTIVE DATE: August 29, 1996 REVIEW DATE: AMENDS / SUPERSEDES / ADDS: APPROVED: Eric A. Duthie, Chief of Police NOTE: This rule or regulation is for the internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. Policy The primary objectives in responding to domestic violence calls are to deescalate violent situations, to prevent officer injury, to reduce repeat calls, to enforce the law against violators and to facilitate prosecution, where applicable. Therefore, it is the policy of the Hayden Police Department to refer victims of domestic violence to appropriate professional agencies for counseling, and to arrest persons found to be responsible for crimes in domestic situations. Definitions DOMESTIC VIOLENCE - Specific criminal acts, as set out in Arizona Revised Statutes 13-3601, committed between persons of the opposite sex residing or having resided in the same household, or persons who have not lived together but have a child in common or are expecting a child, or persons related to one another by blood or marriage if they are related to the defendant in one of the following categories: Spouse, former spouse, parent, child, brother, sister, grandparent, grandchild. RESIDE IN THE SAME HOUSEHOLD - For purposes of this policy, to reside in the same household means to dwell permanently or continuously for a period of time within a place, during which time a person also engages in day-today normal living activities; i. e., eating, sleeping, etc. ACTS - are any of the following: Assault and aggravated assault as defined in A.R.S. 131203 and 131204. Child or vulnerable adult abuse, as defined in A.R.S. 133623. Criminal Damage as defined in A.R.S. 13-1602. Custodial interference as defined in A.R.S. 13-1302. Dangerous crimes against children as defined in A.R.S. 13-604.01 Disorderly conduct as defined in A.R.S. 13-2904.A.1, 132904.A.2, A.R.S. 13-2904.A.3, or 13-2904.A.6. Endangerment as defined in A.R.S. 13-1201. Unlawful imprisonment as defined in A.R.S. 13-1303. Kidnapping as defined in A.R.S. 13-1304.

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Criminal Trespass as defined in A.R.S. 13-1502, 13-1503, or 13-1504. Threatening and intimidating as defined in A.R.S. 13-1202.

Officer Responsibilities Officers shall: Arrest in all cases of domestic violence if probable cause has been shown that an offense has been committed and the suspect committed the offense, whether or not the offense was committed in the officers' presence. The arrest will also occur regardless of the victim's prosecutorial cooperation, or lack thereof. Book and incarcerate all misdemeanor arrests at an appropriate Detention facility. If circumstances indicate incarceration would not be in the best interest of the Department (such as a suspect with a life threatening medical condition which would pose a significant risk of liability to the Department), officers may consult with an available magistrate and HAYDEN POLICE DEPARTMENT POLICY 96-01: DOMESTIC VIOLENCE Pg.3 recommend release from custody without incarceration. However, justification for non-incarceration must be documented in the offense report. Book and incarcerate all felony arrests at an appropriate detention facility. Felony domestic violence suspects are not eligible for release until an appearance before a magistrate. Under no circumstances will the felony suspect be released at the request of the Department. Arrest for criminal damage when the property involved is community property or is owned solely by the complainant. In cases involving community property, both parties must admit that the damaged property is community property, or other elements of probable cause must exist before the suspect may be booked. If the suspect claims to be the sole owner of the damaged property and other elements of probable cause are absent, officers will submit an offense report and no arrest will be made for the property damage. NOTE: The victim may be allowed to make a citizen's arrest. Give a Victims' Rights Pamphlet to all victims or potential victims of domestic violence. Prepare an Offense Report documenting the details of the offense and the arrest.

The Offense Report The Offense Report title for domestic violence violations shall describe the appropriate act (assault, disorderly conduct, kidnap, etc.) Indicate in the first paragraph of the narrative of the Offense Report that the crime occurred in a domestic violence situation. Document that the participants involved share a relationship in one of the listed categories:

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Husband and wife, or Former husband and wife, or Male and female residing in the same household, or Male and female who formerly resided in the same household, or Male and female who have a child in common or are expecting a child (document how the officer obtained knowledge of this relationship),or Blood relative.

The report will detail the elements of the crime and document all witnesses, victims, evidence, and other information related to the offense. The Offense Report will not contain the criminal history of suspects booked for this offense, but will be attached as a separate document that the prosecutor may review and recommend appropriate sentencing and/or treatment for the offender. The criminal history shall be clearly marked as a criminal history document and a warning will be recorded on the document regarding the confidentiality of criminal records. Arrest Slip List the specific criminal act committed in the charging block. Write "Domestic violence,, in Parenthesis next to the charge. Release of Suspect The Arizona Traffic Ticket and Complaint cannot be issued as a release document for a domestic violence violation. The Ticket and Complaint may only serve as a formal charging document for misdemeanor offenses under this title. An individual arrested for a domestic violence violations may however be released from custody in accordance with the rules of criminal procedure or other applicable statute, but release from custody may only be authorized by a recognized magistrate. Order of Protection This is a court order issued pursuant to ARS 13-3602 which seeks to prohibit a specific person from committing an act of domestic violence and may prohibit the person's presence at a residence, place of employment, etc. The order may also grant exclusive use of the residence to the plaintiff. The order is good for six months and can be renewed. A petition to file an Order of Protection may be obtained from any magistrate and jurisdiction does not depend on the location of the plaintiff or defendant. Officers handling a situation involving an Order of Protection shall: Verify that the Order is valid, has not expired, and was properly served upon the restrained party. If verification of service is not available, the officer(s) shall advise the named party that a valid order is in force, and state its conditions to the restrained party.

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After notification of the Orders' conditions, and when the named party refuses to comply, Officers shall arrest the restrained party. Arrest violators of the Order when probable cause exists that the order has been served; e.g., suspect admits to service, victim has a certified copy of the affidavit of service of the order, service is verified by the magistrates office, etc. Arrest violators even if the victim does not desire prosecution. When probable cause exists, an arrest will be made even if a misdemeanor offense did not occur in the officer's presence. Book the arrested violator. The Arizona Traffic Ticket and Complaint cannot serve as a release document. The Ticket and Complaint may only serve as a formal charging document for misdemeanor offenses under this title. Complete an Offense Report on all violations. The Offense Report shall contain a verbatim listing of the conditions on the Order of Protection, its number, and the expiration date.

The victim may be allowed to make a citizen's arrest. Violators of Orders of Protection shall be charged with "Interference with Judicial Proceedings," ARS 13-2810. In addition, all felony and misdemeanor violations will be listed in the charging blocks of the arrest slip. Emergency Order of Protection The Emergency Order of Protection is a special issuance order authorized by A.R.S. 13-3602 which expedites the legal process and provides a binding Court Order to any party involved in a domestic violence incident. The Emergency Order of Protection may be issued by any police officer who shall be referred to as the "Affiant". The issuing officer shall: Serve the Emergency Order upon involved parties prior to leaving the scene and advising all parties of the duration and restrictions applicable to the Emergency Order. Advise the requesting party that the Emergency order is valid until 1200 hours of the next work day of the Court of jurisdiction. Should the requesting party not appear at the Court and request a formal Order of Protection be issued, the Emergency Order will be vacated and declared null and void at 1200 hours. File the Emergency Order with the Court at first available opportunity, but no later than the next work morning for the Court of jurisdiction. File a copy of the Emergency Order with the Offense report.

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SUBJECT: Court Issued Orders of Protection NUMBER: 96-02 EFFECTIVE DATE: July 23, 1996 REVIEW DATE: AMENDS/SUPERSEDES/ADDS: APPROVED: Eric A. Duthie, CHIEF OF POLICE NOTE: This rule or regulation is for the internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. Policy The Hayden Magistrate Court has been granted funding for fee waivers related to domestic violence O/P petitioners. It is the intent of this program to increase availability of the court process for victims in domestic violence cases. Through this availability it is anticipated that domestic violence situations will be resolved in a more effective manner. The Department shall comply with the request of the Magistrate Court in advising victims of the fee waiver program. Procedure Any Town of Hayden resident who is a victim of domestic violence and desires to obtain an Order of Protection shall be referred to the Hayden Magistrate Court. The victim shall be issued a victim rights form which must be presented to the Magistrate Court at the time an Order of Protection is requested. The fees will then be waived.

HAYDEN POLICE DEPARTMENT DIRECTIVE


SUBJECT: USE OF FORCE NUMBER: 96-04 EFFECTIVE DATE: November 12, 1996 REVIEW DATE: AMENDS/SUPERCEDES/ADDS: APPROVED: Eric A. Duthie, Chief of Police NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. USE OF FORCE POLICY The Hayden Police Department recognizes and respects the value and integrity of human life. While investing police officers with the lawful authority to use force in protecting the public welfare, a careful balancing of human interests is required. Therefore, it is the policy of the Hayden Police Department that employees use only that force that is reasonably necessary to effectively bring an incident under control, while protecting the lives of the officer or another. DEFINITIONS Deadly Force: Any use of force that is likely to cause death or serious bodily harm. Non-Deadly Force: Any use of force upon or directed toward the body of another person but not including deadly force. Excessive Force: Force is excessive when its application is inappropriate to the circumstances. Each situation must be evaluated according to particular circumstances. However, courts have set forth four considerations in determining whether force was excessive: Need for the application of force. Relationship between the need and the amount of force that was used. Extent of injury inflicted. Whether the force was applied in a good faith effort to maintain and restore order or maliciously, to cause harm.

Reasonable Belief: Facts and circumstances the officer knows, or should know, would cause a prudent person to act or think in a similar way under similar circumstances.

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Serious Physical Injury: A physical injury which creates a substantial risk of death or which causes serious or protracted disfigurement, or impairment of the function of any body organ or limb. LEVEL OF FORCE The type and degree of force which may be used to overcome resistance, prevent escape or control persons who are in custody shall be restricted to only that which is reasonable or necessary. The principle by which force is judged is the minimum force necessary to accomplish a legitimate police objective. The officer must assess each situation to determine the type and degree of force required. Short of physical force, there are a variety of methods by which an officer can influence an uncooperative subject. PROGRESSION OF FORCE Employees will consider and, if possible, employ a progression of force. The progression of force may not be possible under all circumstances; however, employees will use only the level of force reasonably necessary to arrest or control a subject. Level 1 - Presence: An officer's presence through identification and authority establishes control of the situation. Level 2 -Persuasion: Accomplished through the officer's appearance at the situation and through the officer's dialogue with a subject, resulting in the officer controlling the subject. Level 3 - Compliance: Accomplished by the officer's use of approved physical restraints, including restraining hold, taught at an approved training academy or defensive tactics class, to gain control of the subject. Compliance level force has minimal chance of injury and include the following: o o o o Wrist Locks; Joint Locks; Pressure Points; Handcuffing.

Level 4 - Chemical Agents: The Department approved chemical agent is a tool that provides means by which officers may defend themselves or others from injury, by controlling an offender when facing resistance in the form of active physical aggression or resistance or aggravated active physical aggression or resistance. Level 5 - Hard-Empty Hand Techniques: These techniques have a

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probability of injury and should be avoided unless all lesser means of defensive tactics and procedures have been attempted, or are not possible or reasonable, to prevent injury to the officer and the subject(s) involved. Hard empty-hand techniques include punches, kicks and strikes. Employees shall not purposely strike suspects in the face or head, except in deadly force situations, due to the high probability of injury. Level 6 - Police Baton: As with chemical agents, the Department approved police baton is a tool that can provide means by which officers may defend themselves or others from injury, by controlling an offender when facing resistance in the form of active physical aggression or resistance or aggravated active physical aggression or resistance. The baton may be used if empty-hand control techniques have failed or are not possible under the circumstances. Passive resistance, such as a prisoner's refusal to enter a police vehicle or holding room, let go of a railing, etc., is not sufficient in itself to justify the use of baton strikes. When the use of the baton is warranted, officer shall attempt to strike the suspect's arms or legs. Employees will not purposely strike or jab suspects on the head, neck, sternum, spine, lower abdomen, groin or kidneys unless faced with a deadly force situation. Level 7 - Deadly Force: Officers of the Hayden Police Department are authorized to fire their weapons or use deadly force in order to: o o Protect the officer or others from believed to be an immediate threat bodily harm; or, Prevent the escape of a fleeing fe has probable cause to believe will threat to human life should escape what is reasonably of death or serious Lon whom the officer pose a significant occur.

PARAMETERS FOR USE OF NON-DEADLY FORCE Where deadly force is not authorized, officers shall assess the incident and determine which non-deadly technique or weapon will best de-escalate the incident and bring it under control in a safe manner. Officers of the Hayden Police Department are authorized to use department approved non-deadly force techniques and issued equipment for resolution of incidents, as follows: To protect themselves or another from physical harm; or,

To restrain or subdue a resistant individual; or, To bring an unlawful situation safely and effectively under control.

NON-DEADLY FORCE WEAPONS Officers shall not be permitted to use non-deadly weapons unless qualified in its proficient use as determined by training procedures.

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The following non-deadly weapons are authorized; Police Batons- The Department approved impact weapons are the PR-24, side handle baton and the Expandable baton. TRAINING REQUIRED An officer is not permitted to carry or use any non-deadly weapon unless qualified in its proficient use as determined by approved training procedures. Officers of the Hayden Police Department are authorized to fire their weapons or use deadly force in order to: Protect the officer or others from what is reasonably believed to be an immediate threat of death or serious bodily harm; or, Prevent the escape of a fleeing felon whom the officer has probable cause to believe will pose a significant threat to human life should escape occur.

Before using a firearm, officers shall identify themselves and state their intent to shoot, where feasible. RESTRICTIONS ON EXHIBITING A WEAPON Officers of the Hayden Police Department shall adhere to the following restrictions when their weapon is exhibited: Except for maintenance or during training, officers shall not draw or exhibit their firearm unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in conformance with this policy. Warning shots are prohibited. Officers shall not fire their weapons at or from a moving vehicle. Firearms shall not be discharged when it appears likely that an innocent person may be injured.

DOCUMENTATION OF USE OF FORCE A written report shall be required in the following circumstances: When a firearm is discharged outside of the firing range. When a use of force results in death or injury. When a non-lethal weapon is used on a person.

A supervisor shall immediately be summoned to the scene and shall comply

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with investigative procedures as required by the Department in the following situations: When a firearm is discharged outside of the firing range. When a use of force results in death or serious injury. When a subject complains that an injury has been inflicted.

DEPARTMENTAL RESPONSE Where an officer's use of force causes death, the officer shall be placed on administrative leave after completing all internal investigative requirements, and until it is determined by a mental health professional that the employee is ready to return to duty. The Department shall insure that both an administrative and criminal investigation of the incident is conducted. ADMINISTRATIVE REVIEW OF CRITICAL INCIDENTS All reported uses of force shall be reviewed to determine whether: Departmental rules, policy or procedures were violated; The relevant policy was clearly understandable and effective to cover the situation; Department training is currently adequate. All use of force incident reports shall be retained as required by state law. There shall be a regular review of use of force incidents to ascertain policy and training needs.

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SUBJECT: OPERATION OF POLICE VEHICLES NUMBER: 96-05 EFFECTIVE DATE: November 13, 1996 REVIEW DATE: AMENDS/SUPERCEDES/ADDS: APPROVED: Eric A. Duthie, Chief of Police NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. POLICY Very few issues in policing are more volatile or subject to more intense scrutiny by citizens, news media, administrators and courts than the operation of police vehicles, particularly during pursuit or emergency operations. It is an issue which deserves the same degree of attention as deadly force. All personnel operating department vehicles shall exercise due regard for the safety of all persons. No task, call, or incident justifies disregard for public safety. Further, the public expects its police officers to demonstrate exemplary driving behavior. All department personnel who operate police vehicles will comply with safe driving procedures outlined herein with particular attention to responding to calls for service or engaging in pursuits. Emergency warning devices shall be minimally used, consistent with both legal requirements and the safety of the public and police personnel. Definitions Normal or routine driving: That driving which dictates vehicle speed consistent with the normal flow of traffic, obedience to vehicle laws and posted signs, adherence to commonly understood "rules of the road" and courtesy. Pursuit driving: That driving concerned with the pursuit and apprehension of a violator or violators in a motor vehicle, consistent with the provisions of Arizona Revised Statutes 28-624. Pursuits are conducted using emergency equipment. Emergency driving: That driving in response to a life-threatening or other serious incident (based on available information) which requires emergency equipment in operation. Arizona Revised Statutes 28-624 govern emergency responses. Emergency equipment: Flickering, blinking, or alternating emergency

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lights and a siren, whistle or air horn designed to give intermittent signals automatically. Procedures General: All departmental vehicles shall be driven safely and properly in full compliance with all traffic laws and regulations. Police vehicles are conspicuous symbols of authority on the streets and the actions of police drivers are observed by many. Each police driver must set an example of good driving behavior and habits. Under certain emergencies as defined by this policy, ARIZONA REVISED STATUTES authorizes disregard of traffic regulations; however, neither the operator nor the department is released from civil liability for failure to use reasonable care in such operation. Improper driving can cost each police driver, personally, civil damages while inflicting harm or injury to the driver, other law enforcement personnel, other citizens or causing property damage, and damaging the image of the department and law enforcement generally. Routine Operation: Vehicles used in routine or general patrol service shall be those that are conspicuously marked. Conspicuous marking increases safety, serves as a warning to potential violators, and provides citizens with a feeling of security. Unmarked cars shall NOT be used for pursuit, but may be used for patrol. They may be used to stop vehicles provided they are equipped with appropriate emergency lights. Standard lighting equipment on marked vehicles includes hazardous warning lights and spotlights. Hazardous warning lights should be used at any time a police vehicle is parked where other moving vehicles may be endangered. Spotlights may be used when the vehicle is stationary or moving at speeds not to exceed 15 miles per hour and shall not be used in a manner which will blind or interfere with the vision of operators of other approaching vehicles, Arizona Revised Statutes 28624. Seat belts and shoulder straps shall be worn by all police personnel or ride-along during vehicle operation. Prisoners shall be strapped in with seat belts whenever possible. The only exception is: o At approach to any scene of an incident or service call where the police officer believes a rapid departure from the vehicle may be required, the officer may release the seat belt. Seat belts will, however, be worn any time the vehicle is being operated under emergency conditions.

Driving rules o No officer or employee shall operate any police vehicle which he believes to be unsafe.

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o o o The driver shall exercise careful observation of surrounding conditions before turning or backing any vehicle. A police vehicle shall not be left unattended with its engine in operation. The driver must recognize the variable factors of weather, road surface conditions, road contour, and traffic congestion, all of which directly affect the safe operation of any motor vehicle, and shall govern the operation of the vehicle in accordance with these factors. The nature of certain crimes in progress may call for the use of the siren to be discontinued upon close approach to the location of the occurrence, and although such action is permitted by authority of this order, police vehicle operations under these conditions require extreme caution. Emergency driving to the scene of a motor vehicle accident is permissible ONLY when an emergency exists, or when specific information indicates that conditions at the scene require the immediate presence of an officer. Upon approaching a controlled intersection or other location where there is great possibility of collision, the driver who is responding under emergency conditions shall reduce the speed of his vehicle and control it to avoid collision with another vehicle or pedestrian, stopping completely, if necessary, before entering and traversing the intersection. When faced with a red traffic signal or stop sign, the officer shall stop his vehicle and assure by careful observation that the way is clear before proceeding through the intersection. Regardless of the seriousness of the situation to which he is responding, and excepting circumstances that are clearly beyond his control, the operator of a police vehicle shall be held accountable for the manner in which he operates his vehicle. At the scene of a crime, a motor vehicle crash, or other police incident, a police vehicle shall be parked in such manner so as to not create a hazard to other traffic. The emergency lights and four-way flashing lights should always be used to warn other drivers approaching the location. The driver should lower one front door window far enough to hear other sirens and traffic warning signals. Operators of police vehicles must bear in mind that traffic regulations requiring other vehicles to yield the right of way to any emergency vehicle do not relieve the emergency vehicle operator from the duty to drive with due regard for the safety of all persons using the highways, nor shall they protect the driver from the consequences of an arbitrary exercise of such

o o

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right of way (ARS 28-624). Emergency Driving: General No fixed rule can apply to every circumstance that may arise governing emergency driving. Although an officer may receive information that leads him to respond to a call with emergency lights and siren activated, in the majority of such cases an officer discovers, upon arrival, that an emergency response was not justified. The department, however, imposes on the officer the restriction of driving no faster that 20 miles per hour above the posted speed limit in an emergency response (excluding pursuits). Arizona Revised Statutes 28-624. D. states "The provisions of this section do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons nor do these provisions protect the driver from the consequences of his reckless disregard for the safety of others". Recognizing that protection of human life is paramount, the responding officer must remember the objective is to get to the location of the occurrence as soon as possible--safely-without endangering himself or others. Response Codes Calls for service are classified as Code 2 or 3 depending on circumstances. The codes are defined as follows: o Code 2: Units responding to Code 2 calls shall respond to the location without delay by the most direct route, complying with all traffic regulations and shall NOT use emergency warning devices. This designation is to provide the officer with verification of the serious, but not life-threatening nature of the call. Code 3: Units responding to Code 3 calls as the primary and back-up units shall respond rapidly to the location of the emergency, by most direct means, using all emergency warning devices with a paramount consideration for the safety of the public and the assigned officers.

Dispatcher Assignments The dispatcher shall assign Code 3 classification to those calls for police service which indicate a felony in progress or where the violator is armed, and all other requests alleging an implied or immediate threat to the safety of a person. Examples of Code 3 calls (but not all inclusive) are: o o Police officer (or station) needs URGENT help. There is imminent danger to a citizen and the immediate presence of a police officer might save lives.

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o o o o Injury accident. Riot or large disturbance with fighting or injuries or damages occurring. In a felony situation where there is reliable, direct information regarding "in progress". Upon receipt of a request for law enforcement service which necessitates the dispatch of a police unit, the dispatcher receiving the request shall determine sufficient facts to set the priority of the response.

The dispatcher shall obtain information about: o o o o Whether the perpetrator is still on the scene, or armed; Condition of the victim: Direction and method of travel of any fleeing suspects; Description of any fleeing vehicles.

When sufficient information concerning a request for service has been obtained, the dispatcher shall classify the complaint either Code 2 or Code 3. Any doubt as to the character of the request shall be resolved in the presumption that an emergency exists and Code 3 assigned to the call. Officers response to call Upon arrival at the scene of a call, the responding officer should rapidly evaluate the situation and determine whether additional units are still needed or whether other units responding Code 3 can be slowed or canceled. All units responding to robbery-and burglary-in-progress calls, before coming within hearing distance, shall discontinue the use of the siren and at that time fully comply with all traffic laws. Before coming within sight of the location, officers shall discontinue the use of the emergency warning lights. In situations requiring silent response, e.g., alarm response, prowler calls, officers will respond as rapidly as possible, obeying all traffic laws and signs.

When, in the opinion of the officer, an emergency is imminent or exists, or that activation of emergency warning devices is necessary to protect life or render the necessary police service, the department authorizes an emergency response.

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Examples include: o At the scene of any incident where the use of emergency lights constitutes a necessary warning for the safety of life (such as scenes of fires, accidents or disasters). As a visual signal to attract the attention of motorists stopped for traffic violations, or to warn motorists of imminent dangers. Responding to a non-Code 3 call, where the officer has previous or additional information which, had the dispatcher known it, would have resulted in the call being dispatched as Code 3. The officer shall advise the dispatcher of the additional information upon activation of the Code 3 operation. Where because of location, distance to be traveled, or traffic conditions, the officer determines that emergency operating conditions are essential in order to provide an appropriate police response. In response to an officer emergency request for assistance. For pursuit of fleeing vehicles.

o o Pursuits

Primary Responsibilities: The officer's primary responsibility in a pursuit is the safe operation of the vehicle. Justification for Pursuit: An officer may pursue a vehicle only when he has probable cause to believe the violator has committed or is attempting to commit a serious felony (a felony involving the use or threatened use of violence) or when the necessity of immediate apprehension in case of a misdemeanor outweighs the level of danger created by the pursuit (e.g., DUI, reckless driving). Officer shall NOT pursue vehicles for minor traffic violations or violations of town ordinances. Considerations in Engaging in Pursuit: The officer who undertakes a pursuit does so at his or her discretion taking into consideration the factors listed below. o o o Does the seriousness of the crime warrant a chase at unsafe speed? What is the possibility of apprehension? Will the pursuit take place on residential streets, a business

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district or freeway? When a police officer begins pursuit of a fleeing vehicle, he must remember that citizens using public highways do not expect their travel to be interrupted by a high-speed chase or to become involved in an accident as a consequence. Children playing on the side of the street are likely to be drawn towards a police car with the siren and emergency light operating, rather that cautioned away from it. Street and traffic conditions: Road conditions and lighting shall be considered in balancing the pursuit's danger to the public against allowing a suspect to escape. Officers Responsibilities: The officer shall notify the dispatcher of the pursuit, direction of travel, description of the pursued vehicle, and location. Officers shall not operate a vehicle at a rate of speed that may cause loss of control. The department expects an officer to end his involvement in pursuit whenever the risks to his own safety, or the safety of others, outweighs the danger to the community if the suspect is not apprehended. Intersections are a particular source of danger. Officers, when approaching an intersection where signal lights or stop signs control the flow of traffic, should: o o o Decelerate and be prepared to yield the right-of-way. Enter the intersection only when safe, all cross vehicles are aware of the officer's presence, and at a reduced speed. Resume pursuit speed only when safe. When using emergency light, siren and headlamps, the officer is requesting the right of way and DOES NOT ABSOLUTELY HAVE the right to run a red traffic light or stop sign.

Back-up Responsibilities: The first back-up unit to respond shall assist the primary officer in making the arrest. He or she will also assume the responsibility of updating the dispatcher with the location and direction of travel of all vehicles involved, thereby allowing the primary officer to focus attention on the pursuit driving. Dispatcher Responsibilities: Advise all other units of the pursuit and the information given by the pursuing officer. Assist in directing back-up units to strategic locations. Order the police radio cleared of all but emergency traffic. Alert all other nearby law enforcement agencies of the pursuit and information given by pursuing officer when continuing beyond the town

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limits. Query MVD, ACIC and NCIC for license data and any warrants.

Rules of Pursuit: Officers shall not ram, bump, or collide with a fleeing vehicle nor shall officers pull alongside such vehicles in an attempt to force them off the road or into an obstacle. Pursuits shall be limited to two police vehicles, a primary and a secondary. Officers shall not fire their weapons from a moving police vehicle. Whenever the pursuit extends off roadway, as when the fleeing vehicle leaves the roadway and proceeds cross-country, the pursuing officer(s) must carefully consider whether or not the seriousness of the offense outweighs the risk to his safety and the potential damage to the police vehicle or private property. When the risks of pursuit exceed the need to capture the offender, THE OFFICER MUST DISCONTINUE PURSUIT. Should the person(s) attempting to avoid apprehension stop the fleeing vehicle and proceed on foot, officer should stop, give his location, and continue efforts to apprehend on foot. the back-up car, or second police vehicle, should be dispatched in close proximity to offer assistance. A supervisor may direct that the pursuit be ended. If the pursuing officer receives such an order to stop the pursuit, he shall do so immediately and acknowledge the order. Also, the pursuing officer(s) must end the pursuit if at any time during the course of the pursuit he loses extended sight of the fleeing vehicle. ONLY in the case of suspected fleeing felons whose escape poses a specific danger to life may officers set up a roadblock. The decision to erect a roadblock may only be made by the Chief of Police or, in his absence, the Sergeant.

A decision to erect a roadblock is a decision to use deadly force and provisions of the Department Use of Force policy apply. The decision to erect a roadblock must consider: The safety of officers; The risk of physical injury to the occupants of the pursued vehicle; The protection of citizens and their property;.

Note: A roadblock must be clearly visible at a distance sufficient to enable approaching vehicles to stop safely. The officer in charge of the roadblock shall notify the dispatcher of its precise location. The Department stresses that roadblocks constitute a last resort in stopping

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a fleeing violent felon. Officers, when accompanied by civilian passengers, shall NOT pursue. If a civilian is in the police vehicle at the beginning of a pursuit, that officer will turn the pursuit over to another officer, or deposit the civilian at an appropriate, safe location. When the fleeing suspect is apprehended in another jurisdiction, the pursuing officer shall take the arrested person before a judicial officer of that jurisdiction. The officers shall then go before the magistrate serving the town to obtain a warrant and ensure that a teletype is sent through ACIC to take apprehending jurisdiction as soon as possible, acting as a detainer. When the fleeing suspect is apprehended within the county, the officer shall take the arrested person before the nearest magistrate or justice of the peace. The duty officer will confer with the other jurisdiction to determine which jurisdiction will maintain custody of the suspect based upon the seriousness of the charges and the likelihood of release by respective magistrate. When two vehicles are involved in pursuit, each unit shall maintain a safe distance especially when passing through intersections. Each unit involved in the pursuit shall use a different siren-sound selection. In case of pursuit, should the violator enter a one-way street against the flow of traffic, the pursuing officer shall NOT follow the violator but instead transmit via radio detailed observations about the suspect vehicle's location, speed, and direction of travel. Abandoning Pursuit: This policy has noted the necessity for a pursuing officer to continually evaluate the risks and goal of a pursuit. Under some conditions, abandoning a pursuit may prove the most intelligent decision the officer can make. Officers may discontinue pursuit under the following circumstances: o If, in the opinion of the pursuing officer or supervisor, the pursuit creates a clear and unreasonable danger to the officers and other motorists or pedestrians that outweighs the need for immediate apprehension; The suspects have been identified and can be apprehended later; The prevailing traffic, roadway, and environmental conditions render pursuit futile; The pursued vehicle outdistanced the officer, or its location is not known; The pursuing officers know, or is reasonably certain that the fleeing vehicle is operated by a juvenile and the offense

o o o o

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constitutes a misdemeanor or non-violent felony (the pursuit may stimulate the juvenile to recklessly disregard public safety); Note: Discontinuing a pursuit does not mean that the officer cannot follow the vehicle at a safe speed, or remain in the area ready to resume the pursuit if the opportunity presents and circumstances warrant. Officers, when pursuing, should resist the temptation to get into the violator's back seat--figuratively speaking-but instead simply follow the violator and allow him or her to make the driving mistakes. NO OFFICER CAN BE DISCIPLINED FOR DISCONTINUING A PURSUIT.

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SUBJECT: Search and Seizure NUMBER: 97-01 EFFECTIVE DATE: March 1, 1997 REVIEW DATE: AMENDS/SUPERSEDES/ADDS: APPROVED: Eric A. Duthie NOTE: This rule or regulation is for the internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. Policy The U.S. Constitution and the Bill of Rights guarantee every citizen certain safeguards from government intrusion into their lives. These safeguards have become the cornerstone for the application of criminal justice in America. Consequently, these safeguards have placed limitations on the authority of police to enforce the laws of the nation, state and the Town of Hayden. The Department expects its officers to act with due regard for citizens' civil liberties. The purpose of this directive is to define the legally mandated authority for the enforcement of laws, to establish procedures for ensuring compliance with constitutional requirements during criminal investigations, to set forth guidelines concerning the use of discretion by officers, and to define the authority, guidelines and circumstances when officers should exercise alternatives to arrests and pretrial confinement. The Fourth Amendment states that, "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized". Definitions Affidavit: In lieu of, or in addition to, a written affidavit, or affidavits, the magistrate may take an oral statement under oath which shall be recorded on tape, wire or other comparable method. This statement may be given in person to the magistrate, or by telephone, radio or other means of electronic communication. This statement shall be deemed to be an affidavit for the purposes of issuance of a search warrant. In such cases if a recording of the sworn statement has been made, the

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magistrate shall direct that the statement be transcribed and certified by the magistrate and filed with the court. Close Pursuit: Pursuit without unreasonable delay, which includes: Close pursuit as defined by the common law; Pursuit of a person who has committed a felony, or who is reasonably suspected of having committed a felony; Pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed; Consent Searches: A search warrant is not necessary where a person who has authority or control over the thing or place searched consents to the search. Note that the officer doesn't have to have reasonable suspicion nor probable cause to make a consent search. The officer may merely ask for permission from someone with control over the premises. If that person grants permission the search may take place. The sole justification for a consent search is the existence of a voluntary consent. Probable Cause: An officer must have probable cause to undertake a search or make an arrest. Probable cause exists where the facts and circumstances within the arresting officer's knowledge and of which the arresting officer had reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed. Probable cause to search and probable cause to arrest may arise out of different sets of facts. In order to find probable cause to arrest, there must be sufficient facts to show that a crime has been or is being committed and that the person to be arrested committed the crime. Probable cause to search turns on facts tending to show that particular items are connected with criminal activity and that they will be found in a particular place. Based on probable cause an officer may make an arrest or undertake a search. No search warrant shall be issued except on probable cause, supported by affidavit, naming or describing the person and particularly describing the property to be seized and the place to be searched.

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The affidavit or affidavits must set forth the facts tending to establish the grounds of the application for the search warrant, or probable cause for believing they exist. Procurement Without Probable Cause: A person who, with intent to harass and without probable cause, causes a search warrant to be issued and executed, is guilty of a Class II Misdemeanor. Any employee determined by this department or a court of law to have caused a search warrant to be issued and executed with intent to harass and without probable cause will be subject to disciplinary action. Reasonable Suspicion: Reasonable suspicion involves a standard less than probable cause, generally defined by the courts as circumstances or collection of circumstances that would lead a trained, experienced officer to believe that criminal activity may be afoot. An officer must have reasonable suspicion to temporarily detain a citizen. When an officer has reasonable suspicion, he or she may undertake a pat-down of a suspect's outer clothing for weapons if reasonable suspicion also exists that the suspect may be armed. Search: Police action is termed a search where (1) there is a "prying into hidden places by the police officers" to which (2) the person whose premises or person is being searched has a reasonable expectation of privacy. Search Warrant: A search warrant is an order in writing issued in the name of the State of Arizona, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, persons or items described in the warrant. Unlawful Seizure of Evidence: Items of evidence seized in violation of the provision of the Fourth Amendment will not be admitted in court and may be cause for a lost criminal case. Procedure Grounds For Issuance of a Warrant: A search warrant may be issued upon any of the following grounds: When the property to be seized was stolen or embezzled; When the property or things to be seized were used as a means of

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committing a public offense; When the property or things to be seized are in the possession of a person having the intent to use them as a means of committing a public offense or in possession of another to whom he may have delivered it for the purpose of concealing it or preventing it being discovered; When property or things to be seized consists of any item or constitutes any evidence which tends to show that a particular public offense has been committed or tends to show that a particular person has committed the public offense; When the property is to be searched and inspected by an appropriate official in the interests of the public health, safety or welfare, as part of an inspection program authorized by law; When the person sought is the subject of an outstanding arrest warrant. Service of Search Warrant: A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in such service. An officer may break into a building, premises, or vehicle or any part thereof, to execute the warrant when: After notice of his authority and purpose, he receives no response within a reasonable time; After notice of his authority and purpose, he is refused admittance. An officer executing a search warrant may seize any property discovered in the course of the execution of such warrant if he has reasonable cause to believe that such item is subject to seizure even if such property is not enumerated in the warrant. An officer executing a search warrant may make or cause to be made photographs, measurements, impressions, or scientific tests. An officer executing a search warrant directing a search of a premises or a vehicle may search any person therein if: It is reasonably necessary to protect himself or others from the use of any weapon which may be concealed upon the person; or It reasonably appears that the property or times enumerated in the search warrant may be concealed upon the person. Time of Service: Upon a showing of good cause a magistrate may, in his discretion insert a direction in the warrant that it may be served at any time of the day or night. However, in the absence of such a direction, the

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warrant may be served only in the daytime. For purposed of this section, night is defined as the period from 10:00 p.m. and 6:00 a.m.

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Warrant Return: A search warrant shall be executed and returned to the issuing magistrate within three court business days after issuance. Upon expiration of that time the warrant, unless executed, is void. The documents and records of the court relating to the search warrant need not be opened to the public until the execution and return of the warrant or the expiration of the five-day period after issuance. Thereafter, if the warrant has been served, such documents and records shall be opened to the public as a judicial record. Warrant Inventory: The officer shall return the warrant to the magistrate and at the same time deliver to him a written inventory of the property taken. Plain View: A plain view seizure, is technically not a search. For a seizure of property (contraband, fruits or instrumentalities of the crime), to be legally justified under the plain view doctrine the following elements must all exist: The officer, as a result of a prior valid intrusion into a constitutionally protected area, must be in a position in which he or she has a legal right to be; The officer must not unreasonably intrude on any person's reasonable expectation of privacy; The officer must actually observe the item of property/evidence; The item of property/evidence must by lying in the open; It must be immediately apparent to the officer that the item observed is evidence "subject to seizure"; The discovery of the item of property/evidence by the officer must be inadvertent. The officer may not move items, look inside or underneath or behind them for serial number or other identifying marks. If such movement is necessary, the officer(s) shall obtain a search warrant. Abandoned Property And Open Fields: A search warrant is not required for property that has been abandoned. To constitute abandoned property, two conditions must apply: The property was voluntarily abandoned; The property was discarded outside the area in which someone has a reasonable expectation of privacy.

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Open fields are not protected by the Fourth Amendment, but officers must distinguish them from curtilage, which essentially is a yard where private residences are concerned. Curtilage has no absolute definition that officers can apply under all circumstances. The extent of curtilage of a private residence, for instance, is determined by whether the area is enclosed; the nature and use of the area; the proximity of the area to the home; and any measures taken by the owner to protect the area from observation. Vehicles: For purposes of this section, a motor vehicle is any vehicle operating or capable of being operated on public streets or highways, from trucks to automobiles to mobile homes. A vehicle that has been immobilized in one location for use as a storage facility or home is not a motor vehicle for Fourth Amendment purposes. Additionally, for the purposes of this section, a search is an examination of a motor vehicle with an investigative motive; that is to discover evidence or to examine the vehicle identification number to ascertain ownership. In recent years, the U. S. Supreme Court has modified and expanded the conditions under which officers may search vehicles. Preferably, officers shall search vehicles under the authority of a search warrant whenever sufficient time exists to obtain one. Nevertheless, warrantless searches of vehicles may take place under many conditions and circumstances. It is imperative that officers understand the different types of vehicle searches and their limitation. When possible, searches of vehicles shall be conducted contemporaneous with the stopping or discovery of the vehicle. As a general rule, vehicle searches shall be conducted as soon as reasonably possible. When possible, officers shall avoid damaging a vehicle or its contents, and shall minimize the intrusiveness of the search and any inconvenience suffered by the passengers or owner. As vehicles may contain sharp or pointed objects, and perhaps even syringes or other material with body fluids on them, officers shall take precautions to minimize exposure to communicable diseases. Inventory of Vehicles: The Department requires officers to inventory any lawfully impounded vehicle, or a vehicle removed from the street and placed in police custody. Any evidence or contraband found during the inventory may be used to formulate probable cause for a subsequent search or arrest. Vehicles shall be inventoried per department procedures which require an inventory of the entire contents, including closed containers (provided they can be opened without breakage). The purpose of an inventory is to ensure safekeeping of private property and to protect the Department from liability. To justify an inventory of a vehicle: The officer must have lawful custody of the vehicle;

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The inventory shall be conducted pursuant to departmental policy; The scope of the inventory shall be limited to those parts of a vehicle likely to conceal important or valuable items; Closed container may be examined if they are likely to contain valuable property; The vehicle and its closed containers shall not be damaged. Warrantless Searches of Vehicles: Warrants shall be obtained to search vehicles, if feasible, unless an emergency exists. Any vehicle that has been disabled with little chance of its being driven away shall be searched with a warrant. In all other cases, vehicles may be searched without a warrant: When probable cause exists; or With the driver's consent; or Incident to the arrest of the occupants; or To frisk for weapons; or When necessary to examine the VIN or to otherwise ascertain ownership; or Under emergencies or exigent circumstances. Limitations: With a warrant, a search may extend anywhere within the vehicle, unless limited by the warrant itself. When probable causes exists, a search may extend anywhere within the vehicle, unless the probable cause is limited to a specific part of the vehicle. When consent has been obtained from the driver, officers may search the vehicle subject to any limitations specified by the consenting person. Consent shall be obtained in writing, if feasible. Searches incident to the arrest of an occupant shall be limited to any area within reach of the arrestee. The area within reach is deemed to be the passenger compartment. The trunk, engine compartment, and any locked compartments shall not be searched. Frisks for weapons shall be confined to the passenger area. Any place not immediately accessible to the occupants, such as a locked glove compartment, shall not be frisked. If the contents of a container are immediately accessible to the subject, a closed container may be searched for weapons. NOTE: An officer can order the suspect from the vehicle and frisk both the suspect and the vehicle. An entry into the vehicle to examine the VIN or otherwise determine

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ownership must be limited to those purposes. An emergency search of the vehicle may be conducted but the extent of the search must not exceed whatever is necessary to respond to the emergency. If the initial search under the above conditions gives rise to probable cause that evidence, contraband, fruits, or instruments of the crime might be found elsewhere in the vehicle, offices may search those areas that might reasonably contain such items. Containers: In a probable cause search, containers may be opened wherever found in the vehicle. When the passenger area is searched incident to an arrest, containers within the passenger area may be opened. During a consent search, containers may be opened provided that the terms of the consent either so permit or reasonably imply permission. Containers found in or discarded from a vehicle under circumstances not amounting to probable cause or in connection with a search incident to an arrest shall not be searched but shall be secured until a warrant is obtained. Locked containers shall be opened only under a warrant or with consent. Property Seizure: When an officer takes any property he shall give a detailed receipt to the person from whom it was taken or in whose possessopm it was found. If the property was not taken from a person, the officer shall leave the receipt in the property. Retention of Property Seized: All property or things taken on a warrant shall be retained in the custody of the seizing officer, subject to the order of the court in which the warrant was issued, or any other court in which such property or things is sought to be used in evidence. Consent Searches: Consent searches must observe the following rules: Generally, the person granting consent must use, access, or control the property; If two people have joint ownership of the property, either may give consent. If both are present, however, and either objects to the

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search, valid consent does not exist; A landlord, including a hotel or motel manager, cannot consent to a search of a tenant's premises, unless the tenant has been evicted or has abandoned the property; A husband or wife, or one member of a cohabiting unmarried couple, may consent to a search of areas in common ownership or use; A parent may consent to a search of premises occupied by a dependant child; An employee cannot give a valid consent to a search of his employer's premises unless he has been left in custody of the premises; An employer may generally consent to a search of premises used by employees, except premises used solely by an employee (e.g., a locker). Consent must be given voluntarily. If a citizen under circumstances which a coercive, then any consent given will the officers must seek a warrant. The demonstrating a voluntary consent. an officer requests consent from reasonable person would consider not be considered voluntary and officer may have the burden of

A person who initially gives consent may withdraw it at any time. Officers shall then secure the premises and seek a warrant. Search Without Warrant: The Fourth Amendment guarantees the right of the people to be free from unreasonable searches and seizures of their homes, persons and things. The Supreme Court is continuously interpreting the Fourth Amendment as it applies to police conduct. The Court has repeatedly stated its preference for search warrants based upon probable cause as the chief means of balancing the need for efficient and effective law enforcement against the need to protect the right of individual citizens to be secure against unreasonable searches and seizures. The warrant procedure is preferred because it places responsibility for deciding the delicate question of probable cause with a neutral and detached judicial officer. Law enforcement is thereby served, because law enforcement officers are enabled to search certain persons or places and to seize certain persons or things when the officers can show reasonable grounds that the person, place or thing is significantly connected with criminal activity. The Fourth Amendments rights of citizens are also served by the warrant procedure because the decision to allow a search and seizure is removed from the sole judgment of law enforcement officers engaged in the competitive enterprise of investigating crime. Nevertheless, situations may arise in which the time and effort needed to obtain a search warrant would unjustifiably frustrate enforcement

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of the laws. In order to ensure that the delicate balance between individual right and law enforcement is maintained, the courts have carved out various exceptions to the search warrant requirement and have allowed warrantless searches in certain situations. The following exceptions have been recognized by the courts: Search Incident to Arrest; Consent Searches; Emergency Searches; Plain View; Abandoned property and open fields; Inventory searches of vehicles; When executing arrest warrants; Pat-downs of suspicious persons. If officers enter premises with probable cause to believe that critical evidence may be destroyed or removed unless immediate action is taken, they may enter without a warrant, secure premises, and obtain a search warrant before proceeding further unless they have obtained consent to search, or some new circumstances arise necessitating another warrantless search. Exigent Searches: A search warrant is not necessary in an emergency. An emergency is sometimes termed "exigent circumstances". As a general rule, no arrest warrant or search warrant is required for an arrest in a public place, as long as probable cause exists. Considerations in evaluating whether an emergency exists are: The degree of urgency involved and the time required to get a warrant; The officer's reasonable belief that contraband is about to be removed or destroyed; The possibility of danger to others including officers left to guard the site; Information that the possessors of contraband know that police are on their trail; Whether the offense is serious, or involves violence; Whether officers reasonably believe the suspects are armed;

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Whether the officers have probable cause; Whether the officers have strong reason to believe the suspects are present on the premises; The likelihood that the suspects will escape; The suspects entry onto premises after close pursuit.

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SUBJECT: Crime Scene Investigations NUMBER: 97-02 EFFECTIVE DATE: June 1, 1997 REVIEW DATE: AMENDS/SUPERSEDES/ADDS: APPROVED: Eric A. Duthie NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. Policy Crime scene for purposes of this policy is defined as any location at which a suspected criminal offense has occurred. All crime scenes are the same. They may run the gamut from the very simple to the extremely complex but regardless of the simplicity or complexity of the crime scene, the major goals of each crime scene investigation remain the same. Those are: The collection and preservation of physical evidence; The reconstruction of the crime; The identification of the suspect(s); The linkage of the suspect(s) to the crime scene; The establishment of probable cause to support arrest, prosecution and conviction of the suspect(s). Every crime scene has a story to tell. There are a number of important steps involved in correctly and efficiently recording this crime scene "story" so that the story can later be related to a jury in a reasonable and convincing manner. Basically there are three major avenues available to the investigator to aid in the solution of a crime: confession of a suspect, statements by victim and witnesses and/or information obtained through physical evidence. While confessions are of great value, they are subject to legal difficulties in terms of procedural requirements and admissibility. Confessions are extremely critically scrutinized by the courts. Witness statements can be inherently unreliable, depending on the person viewing the crime and the physical conditions surrounding the viewing. The credibility of witnesses may be subject to attack on a number or grounds, including poor character, mental capacity, ability

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to communicate, and prior arrests. Physical evidence is normally inanimate and provides impartial information. The presentation of physical evidence during a trial can provide valuable assistance in proving the state's case. If used effectively, physical evidence can be used to support a confession, to confirm witness statements or overcome a series of conflicting and confusing statements made by witnesses who observed the same incident. An investigator should always attempt to obtain confessions and witness statements as both are valuable evidence but he should not pursue these to the exclusion of physical evidence. An investigator should not fall into the trap of feeling that since a suspect has confessed and/or witness statements exist, he does not need physical evidence. The greatest source of physical evidence is usually the scene of the crime. Crime scenes are dynamic situations, subject to rapid change or alteration, therefore the investigator generally has only one opportunity to recover the evidence. While there is no perfect, unalterable set of rules which are applicable to all instances that can arise in conjunction with a crime scene investigation, there are certain fundamental guidelines which may be utilized to guide any crime scene investigation. This policy sets down the fundamental guidelines which shall guide the investigator in the crime scene investigation efforts. Every effort shall be made to thoroughly process every crime scene following the principles outlined in this policy. Procedure The basic steps through which a crime scene normally progresses are as follows: o o o o o o o o Approach to the scene; Secure and protect the scene; Preliminary examination of the scene. Plus prepare narrative description; Photograph the scene; Sketch the scene; Evaluation of the evidence; Plus fingerprint evidence; Plus evaluate physical evidence;

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o o o o Detailed search of the scene; Collection, recording, marking and preserving the evidence; Final examination of the scene; Release of scene;

Approach to the Scene. Law enforcement personnel who are responding to a crime scene should be alert for a variety of things which may be ultimately connected with the investigation. People, vehicles, and objects observed by responding officers may provide details concerning the crime and person(s) responsible. Secure and Protect the Scene. To avoid contamination of the scene and provide the greatest possibility of documenting the original condition of the scene, all personnel must give maximum effort to securing and protecting the scene. This requires continuous attention throughout the crime scene investigation and cannot be approached in a haphazard manner if success is to be achieved. "Securing the scene" and "protecting the scene" are actually two separate but extremely interrelated duties. Before a crime scene can be properly "protected", it must first be adequately "secured". In order to secure the crime scene, the investigator must first establish the perimeters of the scene. When the perimeter has been established all possible efforts are exercised to prevent any disturbance to the original condition of the scene. This requires that control be maintained over all persons entering the immediate crime scene. Most of the major problems which arise in court concerning the admissibility of evidence and the contamination of the scene revolve around the initial steps taken by police officer to insure that the scene is properly protected. Preliminary Examination. The preliminary examination or preview is that stage of a crime scene investigation in which the basic foundation for management, organization and logistics is developed to suit the need of that particular crime scene. The purposes of the preliminary examination, include: To establish administrative and emotional control; To delineate the extent of the search area; To organize the methods and procedures needed; To determine manpower and equipment needs;

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To develop a general theory of the crime; To identify and protect transient evidence; To prepare a narrative description of the scene; The preliminary examination begins when it is believed that the scene has been thoroughly secured and protected. The preliminary examination starts with an initial walk-through of the scene. This initial walkthrough is undertaken in order that the officer-in-charge has understanding of the scene as a whole, including the existence and location of readily observable items of possible value as evidence. The initial walk-through should be accomplished by as few persons as possible to insure that there are not numerous people operating in an uncoordinated and undocumented manner. The preliminary examination is the most important phase in conducting a successful crime scene search. It involves the formulation of an organized plan of action and prevents random physical activity which could destroy valuable, relevant evidence. Narrative Description. A narrative description of the crime scene should be prepared during the preliminary examination. The "narrative description" is a means of documenting the original condition of the scene as found by investigating personnel. The "narrative description" will not have the preciseness developed during the actual crime scene process through utilization of sketches and photographs. It is simply a documentation of the scene as readily observed by the naked eye. The ultimate value of the "narrative description" is to show the jury how the scene appeared to the officers who first arrived at the scene. It is also a valuable tool in preparing case reports. Photography. Photography of a crime scene is a continuous process and must include over-all, medium and close-up photographs to show the immediate scene, the general scene location, as well as individual items of evidence. The photographs should logically tell a story which can be pictorially viewed and understood by a judge and jury. To assist in this endeavor a photographic log shall be prepared. The photographic log shall document the equipment used, personnel involved, locations, and items photographed, general surrounding conditions and other data which would influence the photographic effort at the scene.

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The crime scene photographer must consider the legal aspects of photography. He must take steps to establish that the photographs are: Accurate representations of the scene; Free from distortion; Material and relevant to the investigation; Un-prejudicial; Properly taken crime scene photographs document: The location of the crime scene; The nature of the crime; The results of the criminal action; The physical evidence created by the criminal activity; Crime Scene Sketch. Crime scene photographs should be supplemented by a crime scene sketch. Distance relationships can be distorted and inaccurately interpreted solely through the examination of photographs. A sketch provides true distance relationships to complement and supplement the crime scene photographs. The locations of all pertinent items of evidence can be recorded on the sketch and provide an easily understandable display for the jury. Evaluation of Evidence. The ultimate purpose of any crime scene search is the discovery of physical evidence which will connect a suspect with the crime. Both latent fingerprint and other forms of physical evidence present at a crime scene must be evaluated prior to attempts being made at evidence collection. A careless dusting procedure for possible latent fingerprints may contaminate or destroy transient evidence such as hairs or fibers. Conversely, a poorly executed attempt to collect hairs or fibers may result in the destruction of valuable fingerprint evidence. Each case must be evaluated on its own merits to determine the sequence in which evidence is to be collected. In all cases the "possibilities" of all types of physical evidence must be explored and the detailed search must proceed based on this evaluation. Detailed Search. Once a systematic evaluation of the evidence has been accomplished, a detailed search based on the realities of the situation can be undertaken. This stage of the crime scene investigation will reveal the maximum evidence potential of the scene.

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Collection, Recording, Marking, Preserving, Evidence. The success or failure of the efforts during this stage of the investigation depends on the planning and organization done in the earlier states. If an organized and methodical approach has been fostered by careful attention to detail, the intensive search which follows will have the greatest potential for success. Final Review. The purpose of the final review of the crime scene is to review all circumstances from the beginning of the crime scene investigation. All elements of the crime scene must be reviewed. The critical question to be answered is, "Has the crime scene investigation effort considered all possibilities of telling the story of this crime scene?" A thorough, objective final review may prevent important evidence from being missed, critical photographs from being neglected or obvious facts from being overlooked. Release of the Scene. Upon completion of the final review there must be a decision to release the scene. The decision should be formal, official and leave no room for misinterpretation. The authority for this decision shall rest with the person in charge of the crime scene investigation. Crime Scene Documents. The following documents shall be utilized in recording the steps taken during the various stages of processing a crime scene. Administrative Log: The administrative log shall be used to document all major events, times, and movements relating to the crime scene investigation. Preliminary Review: The preliminary review sheet shall be used to Document the initial and continuous management and administrative steps which are taken to insure that an organized investigation is accomplished. Narrative Description: The narrative description shall be used to document the general appearance of the scene as first observed extreme

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detail regarding evidence, or actual collection of evidence, is normally beyond the scope of the narrative description. Photographic Log: The photographic log shall be used to document the photographs taken during the investigation. Crime Scene Diagram/Sketch: The Crime scene diagram/sketch shall document the physical evidence. Locations, as well as measurements showing size and distance relationships in the crime scene area shall be documented on the sketch. Evidence Recovery Log: The evidence recovery log shall document the recognition, collection, marking of physical evidence for administrative and chain of custody purposes. Chain of Custody: The chain of custody shall document the collection and handling of evidence. Provides a tool for establishing the trail of evidence from discovery to presentation in court.

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SUBJECT: Employee Performance Evaluation NUMBER: 97- 03 EFFECTIVE DATE: September 1, 1997 REVIEW DATE: AMENDS/SUPERSEDES/ADDS: APPROVED: Eric A. Duthie, CHIEF OF POLICE NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. Purpose. Performance appraisals are used to stimulate and evaluate employees by recognizing their abilities and documenting their deficiencies. The appraisal process is designed as a fair and objective method of relating success to the realization of personal and departmental goals. Performance appraisal training. All newly appointed supervisors shall be trained in the preparation, application and use of performance appraisals as soon as practical after promotion. Supervisors assigned to prepare an Employee Performance Evaluation are reminded of the importance of this function, not only for it's impact on the employee being evaluated, but as a measure of the quality of leadership and the management skills of the supervisor. The supervisor must consider the needs of the Department while applying the standards set forth in these guidelines to the individual being evaluated. An evaluation must be written to motivate an employee to improve overall performance and must inform the employee in positive terms of any deficiencies which may have caused performance to fall below acceptable standards. The supervisor must first compare the employee's performance to that of all other employees of the same assignment, placing emphasis on efficiency and quality of the employee's duty performance without regard to non-duty related personal traits. Completion Guidelines. Supervisors completing the Employee Performance Evaluation shall indicate the type of evaluation being prepared, such as annual, probation or special. o Annual;

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An Employee Performance Evaluation shall be completed for each employee on an annual basis. The evaluation shall be completed on the employee's anniversary of date-of-hire. o Probation;

An Employee Performance Evaluation shall be completed monthly on each probationary employee. If the performance is found to be unsatisfactory, the supervisor has the option to evaluate more often. o Special;

An Employee Performance Evaluation may be completed for employees which meet any of the following conditions Assigned to any function, other than his or her normal duties, for any period of time exceeding sixty days; or, At any time the employee's performance or standard of service indicates the need for a revised evaluation; or, Whenever the Chief of Police so requires. Each section is provided to assist the supervisor in measuring the employee's performance based on uniform standards related to duty requirements and peer group comparisons. Each of the following subfactors may be rated as Consistently, Generally or Seldom. If the subfactor is not applicable, it shall be lined out. After evaluating the employee's performance relating to each of the sub-factors, the supervisor must then compare the performance of the specific employee to that of other known employees of equal rank and in similar assignments within the Department and make an overall evaluation of Satisfactory or Unsatisfactory Performance for each of the major categories. Satisfactory Performance means the employee meets the requirements for the position held and is competent in performing assigned duties. Unsatisfactory Performance means the employee fails to meet the minimum requirements for the position held and is not competent in performing assigned duties. The Designation N/O shall indicate unobserved, unevaluated or nonapplicable performance. Section 1. Personal Attitudes And Work Habits.

Basic summaries of the various performance characteristics giving rise to excellent, satisfactory or unsatisfactory evaluations are given as a guide to the evaluator in determining the appropriate category for the employee. The rating shall be based upon observations of the rater and information

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contained within the employee Personal Performance Record. A. Responsive to Instructions ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Reaction to knowledge, information, direction and training. Does the employee follow instructions? Does the employee adhere to verbal and written orders and policies? B. Judgement and Common Sense ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Practical Judgement that is independent of specialized knowledge or training; ordinary good sense; ability to think clearly and arrive at logical conclusions. Does the employee carefully and correctly consider a course of action before he embarks upon it? C. Courtesy/Public Contacts ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Quality of relationships with citizens contacted in the course of the employee's official duties. Does the employee project an image of impartiality and fairness in his contacts with the public? Is the employee "professional" in his public contacts? Does the officer exhibit concern, empathy, and compassion for the community he serves? Does he endeavor to minimize the risk of misunderstanding during citizen contacts? Does the employee's performance generate positive feelings toward the police in the community? D. Quality of Work ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee produce the desired results? Does he consistently submit clear, concise and timely reports? E. Knowledge of Work ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee demonstrate a knowledge of the tactics and procedures applicable to his position? Does the employee demonstrate a knowledge of patrol tactics and procedures? Does the employee demonstrate a knowledge of the tactics and procedures required in a medical emergency, routine communications or other emergency? Does the employee apply proper tactics in responding to call for service? F. Productivity

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( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Refers to all the employee's accomplishments in meeting work objectives. This may include, but not necessarily be limited to such factors as meeting due dates, reducing crime, improving reporting efficiency or improving traffic conditions. G. Loyalty ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Understands the obligation to uphold the principles and ideals of the profession and the Department by example and action and fulfills that obligation. Can the employee be depended upon to represent the policies and objectives of the Department? H. Initiative ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Readiness and ability to originate new ideas and methods to resolve problem situations. Does the employee initiate activity based on observations of incidents or events that might not require response but which might lead to apprehension of suspects, recovery or property or solution of a management or community problem? I. Reliability ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Can the employee be relied upon to perform assigned duties, using proper procedures, and with the Department's interest as the primary concern? J. Communication Skills ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee articulate facts and circumstances in clear and concise words, both in dealings with the public and with other members of the Department? K. Cooperation with Employees ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Is the employee well thought of and respected by those with whom he works? Does the employee place attainment of Department objectives above personal interests? Does the employee work willingly with others in harmony?

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L. Performance ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

How the employee reacts in emergencies, deteriorating situations or when under extreme emotional verbal attacks from hostile citizens or suspects. Is the employee willing to take command and responsibility for control of situations? Is the employee capable of coordinating activities of others during stressful situations? Is the employee able to remain calm and make responsible judgment decisions under these conditions? M. Personal Appearance ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee conform with Department uniform standards, courtroom attire, grooming and hygiene, etc. Do the employee's personal grooming and uniform habits reflect favorably upon the Department? N. Physical Appearance ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee maintain satisfactory physical fitness? Is the employee capable of responding to the physical challenges or tasks, with which they may be confronted? Can the employee respond appropriately to most physical challenges? Does the employee make little or no effort to maintain good physical fitness? O. Care and Operation of Equipment ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee treat Department property with care, ensuring against loss or damage by an awareness and compliance with Department policies regarding Town property? P. Rules and Regulations ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee demonstrate a thorough knowledge of, and consistent compliance with, the Rules and Regulations which govern the Department? Does the employee demonstrate only a fair knowledge of the Rules and Regulations and generally attempt to comply with them? Does the employee demonstrates little knowledge of the rules and regulations and is often in violation of them? Section 2. Traffic Related Duties

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A. Knowledge of Traffic Codes ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

B.

Does the enforcement of traffic laws and ordinances by the employee reflect a clear understanding of the Traffic Laws? Does the enforcement indicate a proper application of the Traffic Laws? Issuing Citations and Warnings ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Refers to the traffic function of writing citations, warnings and equipment repair orders. Does the officer explain the violation to the violator? Are the citations, repair orders, etc., properly completed? Are they neat and legible? Is the employee consistent in the number of citations, repair orders, etc. that he writes? C. Handling of D.U.I. Cases ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee consistently make D.U.I. arrests? Are reports well written? Do they outline probable cause for arrest? Do they contain the elements of the crime? Does the employee properly process the arrest? D. Traffic Accident Investigation ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee properly process and record a traffic accident scene. Are the employee's reports complete and accurate? Does he use the correct forms? Are all drawings properly prepared? Are the proper citations issued? The proper enforcement action taken? Is the scene properly secured? Are the injured cared for? E. Directing Traffic ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee display the ability to control and direct the movement of traffic. Does the employee present a professional image while directing traffic? Does he use clear, precise movements that are easily understood? Does he keep traffic moving smoothly? Section 3. A. Investigative Skills Crime Scene

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( ) Consistently ( ) Generally ( ) Seldom ( ) N/O Does the employee process a crime scene properly? Does the employee approach the scene with care? Does he take steps to properly secure the scene? Does he properly record the scene (i.e., photographs, sketches, etc.)? B. Handling Evidence ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee identify and collect evidence at crime scenes? Does he properly mark and preserve the evidence? Does he maintain proper chain of custody? C. Preliminary Investigation ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee identify the elements of the crime? Does he properly identify victims, witnesses and suspects? Does he interview witnesses and victims correctly? Does he properly record his activities? Does he recognize and identify Modus Operandi? D. Follow-up Investigations ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee re-interview witnesses and victims and where necessary take statements? Does the employee follow all leads and information, independent of that uncovered in the preliminary investigation? Does he make extensive use of notes? Does he bring cases to a proper conclusion in a timely manner? E. Case Preparation ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Are supplemental reports completed in a timely manner? Is evidence prepared for court? Does the employee keep his superiors informed of progress on the case? Does the employee coordinate the prosecution of cases with the appropriate prosecutorial authority? F. Develop Investigative Skills ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee seek to attend schools and training for investigations? Does he attempt to keep abreast of the latest developments and techniques in the area of investigations, evidence and forensic science? Does he build on his natural strengths while seeking to overcome weakness?

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Section 4. A. Management, A Supervision Skills Planning Skills ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee display the ability to formulate a plan of action or procedure and carefully consider the possible effects of that plan. Does the employee plan activities or just begin operating without a specific plan or course of action? When the employee is not committed to a primary task by specific assignment, does the employee direct his activities toward the attainment of pre-determined goals? Does the employee achieve results and solutions based upon effective planning? B. Fiscal and Budget ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee demonstrate a working knowledge of fiscal controls? Are the employee's requests for expenditures consistent with Department's budget? Are his expenditure requests consistent with Department goals and objectives? Does he follow established policies in requesting expenditures? C. Administrative Ability ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee demonstrate the ability to plan, organize and coordinate administrative and management functions. Is the employee capable of formulating a unified plan or course of action in order to achieve a specific result? Is the employee capable of coordinating the efforts of other employees at the scene of an incident requiring unified actions? D. Contacts with Subordinates ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee deal with subordinates sufficiently, fairly, and equally? Is the employee weak, overly assertive or partial with his subordinates? Do subordinates respect the employee because of leadership ability and do they seek advice from the employee when confronted with problems? E. Effectively Delegates ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee use the principle of delegation effectively to train and develop subordinates. Does the employee properly

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control and follow-up delegated responsibilities? Do employees show improvement in their performance as a result of proper delegation and follow-up? F. Training of Subordinates ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee influence subordinates in positive ways. Does he recognize training and/or performance deficiencies and institute proper and effective measures to overcome them. G. Evaluation of Subordinates ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does this employee use the Employee Performance Evaluation and Procedures as positive management tools to bring about desired changes in the work habits of his subordinates? Does the employee carefully consider the interests of the Department and the subordinate when completing the Employee Performance Evaluation? Does the employee understand and fairly apply the standards contained in the employee Guidelines when evaluating employees? H. Communication Skills ( ) Consistently ( ) Generally ( ) Seldom ( ) N/O

Does the employee demonstrate the ability to develop correspondence, management and technical reports by written and/or verbal means? Section 5. Overall Performance Evaluation

In this Section the supervisor is required to assign an "overall performance" rating of "Excellent", "Satisfactory" or "Unsatisfactory" to the employee being evaluated. In determining the rating, the supervisor shall consider the following factors: The employee's value in the present assignment as determined by the level of proficiency attained in the performance of the employee's evaluation as described in Sections 1, 2, 3, 4, and 5 above. Compare this employee's capabilities and characteristics to all other employees of the same rank.

RATINGS An "unsatisfactory" overall evaluation must be fully supported in both the check-box and narrative portion of the performance evaluation of the employee. To justify such an evaluation, it must be clearly established

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that the employee has failed to meet the minimum requirements of the position. Specific areas of failure must be described in relationship to identifiable standard requirements of the employee's assigned duties. At any point during the evaluation period that a supervisor becomes aware that an employee is demonstrating a pattern of unsatisfactory performance that, if continued will result in an unsatisfactory evaluation, the supervisor shall conduct a formal counseling session with the employee and advise the employee that his performance is unsatisfactory. Such meetings should be scheduled whenever possible at least 90 days prior to the end of the evaluation period. The supervisor shall provide the employee written notification advising the employee that his performance is unsatisfactory and providing specific details as to why his performance is unsatisfactory. The supervisor shall then work with the employee to identify actions that should be taken to improve his performance. If unsatisfactory performance continues, this and any additional warnings given to the employee regarding substandard performance shall be documented along with the specifics of training or remedial counseling provided the employee to assist in improving performance. Those factors leading to an overall performance evaluation of "Unsatisfactory" must be clearly identified and explained in Section 6. Narrative. A "Satisfactory" overall evaluation means the employee has the necessary experience, expertise, and qualifications for the position and that is performing the duties of such position without deviation from the regulating policies and procedures. An "Excellent" overall evaluation means that in addition to having the necessary experience, expertise, and qualifications for his position, the employee is consistently seeking to increase his knowledge and expertise in all areas. He knows there is room for improvement and seeks to identify and overcome weaknesses. The employee has the necessary skills and knowledge to perform assigned tasks and consistently applies them to the best of his ability. Those factors leading to an overall performance evaluation of "Excellent" must be clearly identified and explained in Section 6. SECTION 6. Narrative.

This section is the most important part of an employee evaluation. As a supervisor, one can best identify the employees strengths and weaknesses when not limited to check-box categories which may not adequately cover the strengths and weaknesses. Use this space to tell why the employee received a Consistently or Seldom rating in any of the sub-factors listed in Sections 1, 2, 3, or 4. This Section can identify the exceptional employee and identify factors that make him above "Satisfactory". This section allows the supervisor to tell the employee what is necessary to improve in these categories. Although there may be no area of deficiency, even the most competent and productive employee can improve. The narrative describes significant accomplishments outside of the normal duties of the employee. It identifies specific failing or particular observations of substandard performance. It serves to advise the employee

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of weaknesses that should be remedied. Suggested methods for improving duty performance or acquiring needed skills shall be included in the narrative section. Describe any interviews with the employee wherein the employee's duty performance or leadership capabilities were discussed and the results of such interviews. List any performance and/or professional goals established by the employee and include a statement of employee's commitment to any substantive achievements. Avoid personality labels; address the performance not the person. Do not include hearsay information or rumors; all comments shall be based on fact. Avoid complicated terminology. Avoid references to prior evaluation reports, except to show improvement or deficiency. Section 7. Approving Authorities

Sections 1 through 7 shall be completed by the employee's immediate supervisor during the evaluation period. Upon completion, the evaluation shall be submitted to the Chief of Police for review and approval. After the Chief of Police approves the evaluation, the supervisor shall meet with the employee and shall discuss the following: Results of the performance evaluation just completed; Level of performance expected, rating criteria or goals for the new reporting period; Career counseling relative to such topics as advancement, specialization, or training appropriate for the employee's position.

The employee shall be given a copy of the report. Section 8. Employee's Signature and Comment

The employee's signature does not necessarily indicate agreement with the report. It simply indicates that the employee has received the evaluation and discussed it with the evaluating supervisor. If the employee refuses to sign the evaluation, the supervisor shall so note and record the reason(s), if given. Employee comments are optional, however, the employee shall be given the opportunity to sign the evaluation and make written comments to supplement the completed performance evaluation. Additional pages may be added as necessary for this purpose. Appeal Process An employee may request a review of a performance evaluation within three days of the date of the performance evaluation meeting with the immediate

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supervisor. The appeal shall be filed in accord with the Chief of Police. Retention of Performance Evaluations Performance Evaluations shall be retained in the employee's Personnel file for a period of three years from the date of issue.

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SUBJECT: Personal Performance Records NUMBER: 97- 04 EFFECTIVE DATE: September 1, 1997 REVIEW DATE: AMENDS/SUPERSEDES/ADDS: APPROVED: Eric A. Duthie, CHIEF OF POLICE NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. PURPOSE Supervisors shall maintain an active Personal Performance Records on each employee assigned. An "active" Personal Performance record is one that address the current evaluation period. The Personal Performance Report shall be used to record all instances in which an employee's performance is "excellent" or "unsatisfactory". They shall also be used to record all counseling sessions or meeting in which the employees performance or performance related issues are discussed. Supervisor Responsibility The supervisor shall enter the date in which each entry is made; enter a brief summary of the situation or circumstances leading to the meeting or counseling session and any recommendations for corrective action; initial the entry; discuss the entry with the employee; ensure the employee reads and initials the entry. Supervisor Initials The Supervisor's initials indicate that he has discussed the entry with the employee. Employee Initials The employee's initials indicate only that he has read and understands the entry. Disposition of Personal Performance Reports At the end of each evaluation period, the Personal Performance Reports for that period shall be attached to the employee's Performance Evaluation Report and filed with the Evaluation Report in the employee's personnel file. A new record shall be initiated and maintained for each evaluation

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period.

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SUBJECT: Employee Personnel Files NUMBER: 97- 05 EFFECTIVE DATE: September 1, 1997 REVIEW DATE: AMENDS/SUPERSEDES/ADDS: Section 3-5 APPROVED: Eric A. Duthie, CHIEF OF POLICE NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. DEPARTMENTAL PERSONNEL FILES It is the responsibility of personnel assigned by the Police Chief to maintain Departmental personnel files. Personnel files shall include all information pertinent to the employees hiring, promotion or retention, as well as any additional documentation supporting the performance of the employee. Only those assigned are authorized to remove personnel files from storage. Supervisors may review subordinates' department personnel files for any official purpose. Personnel files may not be removed from storage unless authorized by the Chief of Police, or his designee. Members may review their own personnel files. Permission to review these files may be obtained from the Chief of Police, or his designee. Members shall review their Departmental personnel files in the presence of personnel assigned by the Chief of Police.

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SUBJECT: DEPARTMENT PROPERTY NUMBER: 97-06 EFFECTIVE DATE: September 1, 1997 REVIEW DATE: AMENDS/SUPERCEDES/ADDS: APPROVED: Eric A. Duthie, CHIEF OF POLICE NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. Purpose This policy is established to provide general, and in some instances, specific, guidance for employee care and use of department equipment. GUIDELINES Employees are responsible for the proper care of Department issued equipment. Employees will have any necessary and issued equipment immediately accessible while on duty. When using city owned communications equipment, employees shall not use harsh, violent, profane, insolent, suggestive and/or offensive language. Employees may be subject to department disciplinary action for any violation of this order. Employees shall not alter or repair, or in any way remove any parts or accessories from any city owned property, office equipment, machines, clothing, firearms, communications equipment or motor vehicles without permission of the Chief of Police. Employees shall not mar, mark or deface any surface in any departmental building nor shall they mark, alter, or deface any posted notice of the department. WORK AREAS, DESKS OR LOCKERS All work areas, desks or lockers of any description maintained by the department in any departmental facility are the exclusive property of the Town of Hayden and are subject to inspection at any time by direction of the Chief of Police or his designee. Employees shall be notified prior to the inspection, whenever practical. If members cannot be contacted and the circumstances dictate immediate access, the Chief of Police or his designee is authorized to remove any lock which may prevent entry and access. DAMAGED, INOPERATIVE PROPERTY OR EQUIPMENT

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Employees shall, in a timely manner, report to their supervisor, in writing, any loss of, or damage to departmental property assigned to or used by them. An employee shall notify his supervisor of any defects or hazardous conditions existing in any departmental equipment or property. SURRENDER OF DEPARTMENT PROPERTY Employees are required to surrender all Department property assigned to them and/or in their possession upon separation from the Department. All Department property shall be returned to the Chief of Police or his designee, at the time of separation from service. Failure to return all Department property may result in reimbursement to the Town through deduction of the fair market value of the unreturned property from the employee's final check or civil litigation to recover costs and/or the property. PROPERTY TRANSFER TO ANOTHER CITY DEPARTMENT Any property that is to be transferred to another Town Department shall be approved by the Town Council. POLICE PROPERTY CONSIDERED AS SURPLUS, FOR SALVAGE OR EXCHANGE Police property considered to be surplus, to be salvaged or exchanged for any reason shall be approved by the Town Council. WEAPON DISPOSAL All weapons in the custody of the Hayden Police Department shall not be disposed of until evidence requirements have been satisfied and the appropriate disposal documents are received. Weapons authorized for disposal shall be handled by one of the following methods: o o Return of weapons to the lawful owner. All weapons returned to their lawful owner shall be released in accordance with established Federal and State laws, and local ordinances. No person may receive a weapon without first providing legal identification and proof of ownership. Weapons selected as useful for Department service may be included in the Department's inventory upon approval of the Chief of Police and in accordance with all Federal and State laws. All weapons designated for destruction shall be done in accordance with Federal, State and local laws and ordinances. A list of destroyed weapons shall be filed with the Office of the Chief of Police.

o o

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A list of weapons not returned to their owners, converted to Department use, or salvaged shall be sold as one lot to a qualified Federally licensed firearm dealer. All weapons sold shall be in an apparent safe operating condition. A list of all weapons slated for sale shall be compiled and approved by the Chief of Police, then forwarded to the Hayden Town Council for approval for sale. Upon approval by the Town Council, the list of weapons shall be forwarded to the Town Clerk who shall be responsible for the sale of the weapons by sealed bid.

AUCTION RESTRICTIONS To prevent the violation of law, to avoid any appearance of impropriety and for the protection of employees, Department employees shall be prohibited from: o o Bidding on any item at a police auction in the Town of Hayden; Divulging any information prior to an auction regarding the value or condition of items scheduled for auction by the Hayden Police Department to any employee of the Department, employee of the Town or the general public; or Allowing any employee of the Police Department, employee of the Town or the general public to view or inspect property scheduled for auction, if the purpose of the viewing is for possible purchase of the property at an upcoming auction. This does not preclude a public viewing of items at auction.

OFF-DUTY USE OF PORTABLE RADIO Employees are under no requirement to use their assigned portable radio while off duty, other than to recharge it. Employees may carry a portable radio off duty for the purpose of reporting matters of concern to the Police Department (e.g. criminal activity, traffic accidents, etc.) that might come to their attention. When making radio reports, employees will identify themselves by their identification number. Use of portable radios shall be limited to Departmental business only. MAINTENANCE AND REPAIR/REPLACEMENT OF RADIO EQUIPMENT Employees are responsible for keeping batteries charged. Spare batteries will be available from the Police Record Clerk. Requests for repairs will be turned in to the employee's supervisor stating the nature of the problem in detail. Loss or damage to a radio, charger, or batteries will be reported to the supervisor as soon as possible. Any radio which is lost or stolen as a result of criminal activity shall be reported in an official police report to the jurisdiction in which it was lost or stolen.

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SUBJECT: CARE AND USAGE OF DEPARTMENT VEHICLES NUMBER: 97-07 EFFECTIVE DATE: September 1, 1997 REVIEW DATE: AMENDS/SUPERCEDES/ADDS: APPROVED: Eric A. Duthie, CHIEF OF POLICE NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. PURPOSE It is the responsibility of all employees of the Department to be knowledgeable in the operation and maintenance of the equipment which they use during the regular course of duty in order to maintain the level of readiness which is required by this department. CARE OF DEPARTMENTAL VEHICLES Ignition keys will be removed from all department vehicles and the vehicle locked when employees leave the immediate area of the vehicle. All employees are to leave the car neat and clean with all litter removed from the vehicle. The vehicle shall also be locked. Following the end of a shift, all employees shall make sure that all vehicle radios and other electrical equipment are turned off. It is the responsibility of each employee that their assigned vehicle is properly serviced. Under normal conditions, the gas tank will be refilled before it gets to a level of one-half (1/2) full. The engine and all lights will be shut off during refueling to reduce the risk of fire. Radiators shall not be checked while a vehicle is hot. Radiator reservoir bottles will be checked. Each work shift the employee shall inspect their vehicle and report any damage, mechanical failure, or faulty or missing equipment in writing on a Vehicle Discrepancy Report. If a problem occurs with a vehicle during a shift, it shall be put down during the shift or at the end of the shift (if safe to do so). Vehicles with minor problems such as, burnt out head lights, tail lights, turn signal or wiper replacement, will be repaired during the shift or as immediately available thereafter. Employees shall notify Dispatch of vehicle problems and shall make necessary arrangements to utilize another vehicle for the duration of

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the work shift, if necessary. A Vehicle Discrepancy Report shall be completed and forwarded to the Chief of Police. If a vehicle sustains any damage during a shift, the driver will report it immediately to their immediate supervisor. USE OF DEPARTMENT VEHICLES Employees will not drive police vehicles into any arroyos, washes or into any other area for which the patrol vehicle is not adequately designed for unless absolutely necessary. For events requiring response into these areas, officers shall proceed on foot whenever possible. In every vehicle so equipped, department personnel shall be required to wear seat belts (and shoulder harnesses) at all times when operating or riding in any Town vehicle. All employees of the Hayden Police Department who operate a motor vehicle must possess a valid Arizona Driver's License. Departmental vehicles shall not be used to transport injured persons from the scene of an injury to a hospital rather, an ambulance shall be called. Exceptions may be made to this rule only in exceptional circumstances. Employees will not park Department vehicles in an area marked with a red curb, in an area marked "No Parking" or in a parking space designated for a specific position unless it becomes necessary in the performance of their official duties. It shall be the policy of the department that all officers when on routine patrol and upon observing an apparently disabled vehicle along the roadway, will stop and render whatever aid is reasonably possible. Employees are responsible for the proper care of all department property and/or equipment assigned to them. Carelessness or inattention in the handling or operation of department property which results in damage, loss and/or roughness to the said property may subject the responsible employee to reimbursement charge and/or disciplinary action. TAKE-HOME VEHICLES The use of take-home vehicles will be limited to that use which enables department employees to conduct department business. Misuse and/or abuse of this equipment shall be subject to department disciplinary actions. Employees shall immediately report to their supervisor any loss or damage to department property assigned to them. Take home vehicles may be assigned to personnel on the following basis:

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Employees whose duties subject them to emergency call-outs where time is a critical factor and direct response serves the public's interest and/or employees who because of their individual expertise, use of specialized equipment or assignment of a specially equipped vehicle, are, without prior notice, required to respond directly to a crime scene. Marked units parked throughout the town not only serve as a crime deterrent for burglaries but for other crimes as well. Individually assigned vehicles shall be used for official business; or travel to and from duty assignment; or travel to and from required court appearance; or other activities as authorized by the Chief of Police. Employees authorized to drive department owned vehicles to his/her home overnight shall provide for the safety and security of the vehicle as far as possible and ensure their assigned vehicle is locked at all times when the unit is unattended. FUELING DEPARTMENT VEHICLES Department vehicles shall be fueled at local commercial gasoline stations which have reached agreement with the Town of Hayden and the Department to provide this service. When fueling at these stations, the employee name and identification number, vehicle number, mileage and license number shall be entered on the gas ticket. The gasoline receipt shall be forwarded to the Police Clerk. The Clerk will forward the receipts to the proper authority for disposition. CREDIT CARD Employees who make trips out of town in a Town vehicle shall use the following procedures for obtaining fuel: With the approval of the Chief of Police, an employee may obtain a gas credit card from the Town Clerk. Before leaving the Town on a long distance trip, employees will fill their vehicle's fuel tank at a local commercial fueling station. When a credit card is used, the vehicle equipment and license number, mileage, officer identification number and name shall be entered on the gas ticket. Upon returning, employees shall forward any gasoline receipts and the credit card to the Police Clerk. The Clerk will forward the receipts to the proper authority for disposition. TRAFFIC ACCIDENT REPORTING PROCEDURE Should a department vehicle be involved in a traffic accident the employee shall notify their supervisor and request they respond to the scene. The employee shall request a traffic accident investigation be conducted by a separate law enforcement agency to avoid any conflict

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of interest. The employee shall cooperate with the investigation and provide all documentation requested. VEHICLE EQUIPMENT CHECK All marked patrol vehicles are equipped with red and blue overhead emergency lights, a siren, and mobile radio transmitter. The vehicles are conspicuously marked as police vehicles with emergency phone number, distinctive striping, Town of Hayden designation and vehicle number. All patrol vehicles should be inspected for the following equipment: Flares. First aid kit. Emergency Blanket. Mounted and inflated spare tire. Jack and handle. Fully charged fire extinguisher. Measuring device. Exposure control personal protective equipment. Fully charged oxygen container and accessories. One 12 gauge shotgun and a supply of ammunition. One 35 mm. camera and spare film. Crime scene tape. POST-TRANSPORT INSPECTION Employees shall inspect the vehicle interior for contraband immediately after transporting any prisoner. Any contraband discovered as a result of this search shall be processed as evidence and additional criminal charges shall be filed against the prisoner. SECURING DEPARTMENT EQUIPMENT IN VEHICLES Employees shall exercise care in securing department owned or assigned equipment inside any vehicle. Equipment not affixed to the vehicle will not be left in plain view inside a vehicle, either departmentally owned or personally owned. Whenever possible, such equipment will be stored in the trunk of the vehicle.

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SUBJECT: ORGANIZATION PURPOSE NUMBER: 97-08 EFFECTIVE DATE: September 1, 1997 REVIEW DATE: AMENDS/SUPERSEDES/ADDS: APPROVED: Eric A. Duthie, CHIEF OF POLICE NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. MISSION The mission of the Hayden Police Department is to improve the quality of life in Hayden by working together with all citizens to preserve life, maintain human rights, protect property and promote public safety. To achieve this mission, we commit to these specific values: o o we value our members and have confidence in individual initiative and the ability to solve problems. We value our partnership with the community as a means of identifying and addressing public safety and other quality of life issues. We value excellence and are committed to continuous process improvement. We value the law and are committed to the protection of individual human rights. We value diversity among our department members and the community we serve. We value integrity, fairness, and open communication. We value team work and collaboration as a means to achieve organizational success. We value courteous and respectful interaction with all people.

o o o o o o MOTTO

The motto, "To Protect and To Serve," states the essential purpose of the Hayden Police Department. The Department "protects the right of all persons within its jurisdiction to be free from criminal attack, to be secure in their possessions, and to live in peace." The Department serves the people of Hayden by performing the law

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enforcement function in a professional manner, and it is to these people that the Department is ultimately responsible. PRIMARY OBJECTIVE A society free from crime and disorder remains an unachieved ideal; nevertheless, consistent with the values of a free society, it is the primary objective of the Hayden Police Department to as closely as possible achieve that ideal. CRIME DETERRENCE While there are certain crimes that cannot be deterred, crimes committed against property and against innocent victims in public places are reduced by police patrol. Once a crime has been committed, it is the duty of the Department to initiate the criminal justice process by identifying and arresting the perpetrator, to obtain necessary evidence, and to cooperate in the prosecution of the case. As the certainty of swift and sure punishment serves as an effective deterrent to crime, the Department must diligently strive to solve all crimes and to bring the perpetrators to justice. The actual costs of crime are difficult to measure; there cannot be a dollar value assigned to the broken bodies, ruined lives, and human misery which are its products. However, it is possible to observe the steadily mounting cost of lost and stolen property. This loss as well as the other cost of crime must ultimately be borne by its victims. To minimize the losses due to crime, the Department shall make every reasonable effort to recover lost or stolen property, to identify its owner, and to ensure its prompt return. PHILOSOPHY The responsibility of the Hayden Police Department is to protect lives and property, prevent crime, and provide professional police services to the citizens of Hayden. To accomplish this task, all employees must understand that we are part of the community and will: o o o o Respond quickly and professionally to all calls for police service. Provide police service, with an emphasis on teamwork and mutual respect. Participate in the operation of the department. Participate in general events within the community.

The Rules and Regulations of the Hayden Police Department are designed to assist all employees in providing professional police service to

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the community. To enhance the ability of the department to provide the highest quality public service, cooperate with other criminal justice agencies, and work closely with the community, it is important that all employees understand and comply with the content of these rules. Working in cooperation with other Town Departments, we will be able to make a significant contribution to the quality of life in Hayden. REVERENCE FOR THE LAW The primary duty of a police officer is to uphold and enforce the law. The application and enforcement of the law must be accomplished in the spirit set forth by the framers of the Constitution. The rights of each citizen are equal with those of the state, which might accuse them. The Constitution provides for fundamental enforcement of the law with fairness and equity. The laws of the State of Arizona allow for their application to be made fairly, and with the spirit of the law, rather than blind adherence to the strict construction of a statute. Officers shall direct their efforts to the impartial application of the spirit of the law, for the purpose set forth in the statutes. o Prior to accepting the status of a peace officer, a person must take an oath of office, as defined in A.R.S. 38-231, to enforce the law and uphold the Constitution of the United States and the Constitution of the State of Arizona. Enforcement action should not be taken in grudging adherence to the rights of the accused, but in the spirit of the ensuring that the rights of accused persons are protected by the police. In the enforcement of criminal statutes, any conduct that would violate the law must be avoided. The commission of any crime cannot be justified to effect the expedient enforcement of the law. Officers should display a reverence for the legal rights of all citizens and a reverence for the law itself.

o DISCRETION

When applying the law, officers shall exercise mature judgment and discretion within the limits of statutory authority and department policy. Whenever a question or doubt is raised regarding the exercise of discretion, officers shall contact a supervisor and resolve the matter. Officers have the following options in dealing with violators: Physical arrest; Citation; Long form complaint;

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Referral to social agency; Warning, at the officer's discretion; and No police action necessary, released. CONDUCT A police officer is the most conspicuous representative of government, and to the majority of the people, he is a symbol of stability and authority upon whom they can rely. An officer's conduct is closely scrutinized, and when his actions are found to be excessive, unwarranted, or unjustified, they are criticized far more severely than comparable conduct of persons in other walks of life. Since the conduct of an officer, on or off duty, may reflect directly upon the Department, an officer must at all times conduct himself in a manner which does not bring discredit to himself, the Department, or the City. INTEGRITY The public demands that the integrity of its law enforcement officers be above reproach, and the dishonesty of a single officer may impair public confidence and cast suspicion upon the entire Department. Succumbing to even minor temptation can be the genesis of malignancy which may ultimately destroy an individual's effectiveness and may contribute to the corruption of countless of others. An officer must scrupulously avoid any conduct which might compromise the integrity of himself, his fellow officers, or the Department. When an officer exceeds his authority or compromises on his principles, he violates the sanctity of the law which he is sworn to uphold. COURTESY Effective law enforcement depends on a high degree of cooperation between the Department and the public it serves. The practice of courtesy in all public contacts encourages understanding and appreciation; discourtesy breeds contempt and resistance. The majority of the public are law-abiding citizens who rightfully expect fair and courteous treatment by Department employees. While the urgency of a situation might preclude the ordinary social amenities, discourtesy under any circumstance is indefensible. The practice of courtesy by an officer is not a manifestation of weakness; it is, on the contrary, entirely consistent with the firmness and impartiality that characterizes a professional police officer. PUBLIC CONTACTS In each of his contacts with the public, an officer must be aware that

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his actions, appearance, and statements are those of the Department. For that reason, and because of the inherent potential for conflict, in many police contacts an officer must develop a fair, impartial, and reasonable attitude and perform his task in a business-like manner. His statements must be the result of considered judgement and be absent of personal opinion, bias, or editorial comment. COOPERATION Employees shall work closely together to meet department goals. This will ensure a unity of effort, resources and the effective service to the community. As crime does not have jurisdictional boundaries, it is incumbent on the members of the department to cooperate with other town, city, state and federal law enforcement agencies. It is the policy of the HAYDEN Police Department to cooperate with other law enforcement agencies, whenever possible. o The Chief of Police will maintain liaison with other agencies through organizations such as the Arizona Police Chief's Association and the International Association of Chiefs of Police. The department will also participate in cooperative programs, when possible; i.e., joint task force, criminal justice information networks, etc.

The police alone cannot successfully resolve the problems of crime. In order to serve the public, the criminal justice system relies upon the cooperation of the police with prosecutors, courts, corrections and other law enforcement resources to ensure the development of a safer community. ETHICS Police officers and the people they serve must be as close as possible to generate the cooperation necessary for the involvement of the whole community in community protection. The assignment of personnel should ensure that the same officers and the same citizens have an opportunity to work together for the protection of the community. Strength through interaction on common problems will be enhanced by officers and the community becoming comfortable with one another. Earning the respect of the public for the department is aided by openness of the department in its operations. All employees must be open, honest and trustworthy at all times. Dealing with the public honestly and openly will develop respect in the community for the police and make it possible for citizens to come to them with problems and information. CODE OF ETHICS Officers of the Hayden Police Department will conduct themselves in a

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manner consistent with the policies of the Hayden Police Department and will project a professional image and abide by the following code of ethics: "As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional Rights of all men to liberty, equality and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and by being constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession... law enforcement." USE OF INTOXICANTS There is an immediate lowering of esteem and suspicion of ineffectiveness when there is public contact by a Department employee evidencing the use of intoxicants. Additionally, the stresses of law enforcement require an employee to be mentally alert and physically responsive. Except as necessary in the performance of an official assignment, the consumption of intoxicants is prohibited while an employee is on duty. Nor is an off-duty officer to consume intoxicants to such degree that it impairs his on-duty performance. DUTY As most police work is necessarily performed without close supervision, the responsibility for the proper performance of an officer's duty lies primarily with the officer himself. An officer carries with him a responsibility for the safety of the community and his fellow officers. He discharges that responsibility by the faithful

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and diligent performance of his assigned duty. Anything else violates the trust placed in him by the people, and nothing less qualifies as professional conduct. INDIVIDUAL DIGNITY A recognition of individual dignity is vital in a free system of law. Just as all persons are subject to the law, all persons have a right to dignified treatment under the law, and the protection of this right is a duty of each employee. An officer must treat a person with as much respect as that person will allow, and he must be constantly mindful that the people with whom he is dealing are individuals with human emotions and needs. Such conduct is not a duty imposed in addition to an officer's primary responsibilities, it is inherent in them. In dealing with people, each officer must attempt to make his contact one which inspires respect for himself as an individual and professional and one generates the cooperation and approval of the public. While entitled to his personal beliefs, an officer cannot allow his individual feelings or prejudices to enter into public contacts. However, since an officer's prejudices may be subconsciously manifested, it is incumbent upon him to strive for the elimination of attitudes which might impair his impartiality and effectiveness. RESPONSIVENESS TO THE COMMUNITY The Department must be responsive to the needs and problems of the community. While the Department's task is governed by the law, the policies formulated to guide the enforcement of the law must include consideration of the public will. This responsiveness must be manifested at all levels of the Department by a willingness to listen and by a genuine concern for the problems of individuals or groups. The total needs of the community must become an integral part of the programs designed to carry out the mission of the Department. To promote understanding and cooperation there must be interpersonal communication between members of the community and officers at all levels of the Department. Each employee must be aware of the law enforcement needs of the community and his particular assigned area of responsibility. Guided by policy, an officer must tailor his performance to attain the objectives of the Department and to solve the specific crime problems in the area he serves. The Department must provide for programs to encourage productive dialogue with the public at all levels and to ensure that the unity of the police and the people is preserved. ADMINISTRATION The Chief of Police must necessarily limit the number of people who report to him. Therefore, to ensure unity of command, clearly defined lines of authority must be drawn so that there exists a structural relationship between each employee and the Chief of Police. Each

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employee must be aware of his relative position in the organization, to whom he is immediately responsible, and those persons who are accountable to him. Employees should strive at all times to operate within the chain of command and to keep their supervisors informed as to their activities. The Chief of Police will be available to any member of the Department. The ability of the Department to make organizational adjustments to meet changing needs is essential in obtaining the maximum benefit from the expenditure of assigned resources. CONFIDENTIALITY All official files, documents, records, reports, and information held by the Department or in the custody or control of an employee of the Department shall be regarded as confidential. Employees shall not disclose or permit the disclosure or use of such files, documents, reports, records, or information except as required in the performance of their official duties and by permission of the Chief of Police. GRATUITIES Because a police officer is the most conspicuous representative of government, his conduct is likely to be scrutinized far more severely than that of other persons; therefore, employees must avoid becoming engaged in conduct which is, or which might appear to be censurable. An employee must not place himself in a position of compromise by soliciting or accepting gratuities. When a public employee accepts a gratuity, even when small and apparently insignificant, it reflects unfavorably upon that individual and the Department he represents. This is cause for the community to cast a suspicious look upon that individual and the Department and produces a wonderment of what other unfavorable, illegal, partisan, or preferential treatment is being provided the donor of the gratuity. Common sense and good judgement are the keys to avoiding compromising situations. REFUSAL TO WORK The alternative to law and its enforcement is anarchy and its resulting devastation. An officer's commitment to public service and professional ethics precludes his engaging in strikes or similar concerted activities. For these reasons, police officers do not have a right to strike or to engage in any work stoppage or slowdown. It is the policy of this Department to seek removal from office of any officer or civilian employee who plans or engages in any such strike, work stoppage or slowdown. COMPLIANCE WITH LAWFUL ORDERS The Department is an organization with a clearly defined hierarchy of

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authority. This is necessary because unquestioned obedience of a superior's lawful command is essential for the safe and prompt performance of law enforcement operations. The most desirable means of obtaining compliance are recognition and reward of proper performance and the positive encouragement of a willingness to serve. However, negative discipline may be necessary where there is a willful disregard of lawful orders, commands, or directives. FINANCIAL OBLIGATIONS Public employees have stable incomes upon which they may forecast future earnings. For this reason, and because of public confidence in their responsibility, it is relatively easy for Department employees to contract financial obligations which, if not controlled, may become an impossible burden. Such financial distress may impair the individual's effectiveness and tends to bring discredit upon the Department. Employees in financial distress may present a susceptibility to illegal activity; therefore, employees should avoid incurring financial obligations which are beyond their ability to reasonably satisfy from their anticipated earnings. POLITICS In a continuing effort to provide the community with lawful, impartial and effective law enforcement, public servants shall refrain from becoming involved in political affairs within the Town of Hayden at any time. Every citizen has a constitutional right to vote or to support a political party. However, to maintain that impartiality required of a public servant, no employee shall be an officer of a political party or hold political office, solicit any assessments, contributions or services for any political party; or cause or solicit any employee of this Department to engage in any political activity at any time. Any remarks concerning another's national origin, color, creed, religion or beliefs will not be tolerated. ( Refer to Town of Hayden Personnel Rule XXIV, Section 9, Political Activity.) RANK In descending order, the "chain of command" for sworn officer ranks of the department is: 1. 2. 3. Chief of Police Sergeant Police Officer

In descending order, the chain of command for civilian members of the department is: 1. 2. Chief of Police Sergeant

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3. 4. Police Record Clerk Animal Control Officer

CHAIN OF COMMAND The chain of command is from the Chief of Police down through the ranks as listed prior. Employees shall routinely follow the chain of command in order to maintain the principles of good administration. Responsibilities will be delegated to the lowest level possible for satisfactory execution. Employees will exercise such authority as is commensurate with their responsibilities. Employees are responsible for that authority which is exercised and shall be held fully accountable; members are also responsible for that authority which is delegated to them and shall be held fully accountable for the exercise of that authority. AUTHORITY AND RESPONSIBILITY OF THE CHIEF OF POLICE The Chief of Police shall manage, control and direct the activities and personnel of the police department. The Chief of Police has the ultimate responsibility of the police department for the preservation of life and property, law and order, investigation of crimes, suppression and deterrence of crime and the enforcement of State laws and City ordinances. The Chief of Police shall direct the assignment of members; the establishment of training programs; the maintenance of records; the provision for traffic control and enforcement; cooperate with other law enforcement agencies; establish policies, procedures, rules and regulations; be responsible for the care of prisoners; and shall advise the Mayor and Town Council on matters pertaining to the Hayden Police Department. ADMINISTRATIVE DUTIES Employees who are directed to act in capacities above their ordinary or usual rank shall, for the necessary time, possess the authority of that rank. Particular authority may be delegated or granted to ranking officers and non-sworn employees of the department as may be necessary for the efficient administration of the department. AUTHORITY AND RESPONSIBILITY OF THE SUPERVISOR Supervisors intelligent department, Supervisors shall constantly direct their efforts toward the and efficient performance of the functions of the and shall require their subordinates to do the same. shall not perform the duties regularly assigned to a

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subordinate when the subordinate is available to perform them, but shall require each subordinate to perform his own duties. Supervisors shall be responsible for their own conduct and performance of police duties as well as for the conduct and performance of their subordinates to ensure that assigned duties are performed. Supervisors shall familiarize themselves with the knowledge and interests of employees under their supervision. Supervisors shall, at all times, in their dealings with employees and citizens, be an example of fairness, efficiency, promptness, accuracy, trustworthiness and courtesy. Supervisors shall ensure that subordinates make all required reports promptly, accurately, and completely, on proper department forms. Supervisors shall instruct their subordinates in the proper method of reporting, and such reports shall be subject to their inspection and approval. Supervisors shall submit a written factual report when a subordinate under circumstances requiring an exceptionally high degree of courage, risks their own life in the prevention of a crime; in the apprehension of a criminal; or performs a difficult and important police service requiring the highest degree of tact, diligence, initiative and ability. Any other duties as assigned by the Chief of Police. AUTHORITY AND RESPONSIBILITY OF THE POLICE OFFICER Officers will carry out the basic responsibilities of a police officer and shall be held strictly accountable to their supervisor for the area to which they are assigned. Officers shall familiarize themselves with their area of assignment and shall become familiar with places of public assemblage or assembly, official buildings and with any crime-prone area. Officers shall attend to their duties in a prompt and courteous, businesslike fashion with a minimum of lost time when giving attention to any complaint, call for assistance, arrest or other duty. Officers shall remain in their area of assignment during their tour of duty, not leaving it except for the transaction of police business. Officers shall not leave their area before the time set by the deployment schedule and shall submit all required reports to a designated supervisor. Officers shall pass on all necessary information to their relief in order to maintain the continuity of operations. Officers shall patrol their area constantly while on duty, frequently rechecking hazardous locations requiring police action. Officers shall give their name and identification number in a respectful manner when requested to do so by a citizen.

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Officers shall investigate all incidents assigned to them, and shall interview complainants, witnesses, or informants whenever possible to satisfy all parties concerned, consistent with department procedure. Officers shall be familiar with all of the applicable rules concerning police officers as provided in the Hayden Police Department rules and regulations. Officers shall become fully acquainted with information on file, including descriptions of wanted persons, stolen cars and property, and all other official information posted or disseminated, and shall proceed to their area of responsibility without delay. Officers shall be responsible for the proper investigation of all assigned cases, including apprehension of the offender, collection of evidence, recovery of property and preparation of the case for prosecution. Any other duties as assigned by the Chief of Police.

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SUBJECT: BUDGET AND FISCAL PROCESS NUMBER: 97-09 EFFECTIVE DATE: SEPTEMBER 1, 1997 REVIEW DATE: AMENDS/SUPERSEDES/ADDS: APPROVED: Eric A. Duthie, Chief of Police NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. FISCAL MANAGEMENT COMPONENT Coordination and administration of the Hayden Police Department's fiscal activities and budget management are the responsibility of the Chief of Police. Duties of fiscal management may be delegated to other employees of the Department at the direction of the Chief of Police. These duties may include all fiscal activities regarding capital expenditures, purchases, liaison with city officials, budget management, development of the annual budget and budget plans. FISCAL CONTROLS The requisition and purchase procedures, including bidding procedures, establishing specifications and selection of vendors, will be established in accordance with Town of Hayden purchasing procedures. ACCOUNTING PROCEDURES The accounting of funds and allocation of monies will be the ultimate responsibility of the Town of Hayden Finance Department. Monthly the Finance Department publishes and distributes a subsidiary ledger. The ledger contains the following information: Original budget allocation to the Department. Ending monthly balance. Monthly and Year-to-Date financial activity. The Police Department is required to submit a budget for its annual operation, to be approved by the Town Council. The Chief of Police shall monitor all revenues and expenses of Department funds on a continuous basis to ensure that revenues and expenses are consistent with the approved or revised budget.

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The Town Finance and Accounting Department will continuously monitor the Department's fiscal activity through monthly general ledger reports. RACKETEERING INFLUENCE CORRUPT ORGANIZATION (RICO) State and federal law allows for the seizure of assets acquired with the proceeds of specific crimes, or used in the commission or facilitation of a crime, and is strictly governed by both state and federal laws and regulations. When items are seized, it is the responsibility of the case officer to log the assets with the evidence custodian and seek all necessary court orders.

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SUBJECT: EMPLOYEE PROMOTION NUMBER: 97-10 EFFECTIVE DATE: SEPTEMBER 1, 1997 REVIEW DATE: AMENDS/SUPERSEDES/ADDS: APPROVED: Eric A. Duthie, CHIEF OF POLICE NOTE: This rule or regulation is for internal use only and does not enlarge the officer's civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this Department, and then only in a non-judicial administrative setting. PURPOSE This policy has been established to insure the fair promotion of all qualified individuals from one rank Promotional testing will be nondiscriminatory. All be limited to job-related topics/tasks. NOTIFICATION OF PROMOTIONAL PROCESS The Chief of Police shall post, or have posted, notification of promotional opening(s) and the notification shall include the closing date for applications. All candidates meeting the promotional qualifications shall be eligible to apply to participate in the promotional process. SUBMISSION OF LETTER OF INTEREST AND SUPPORTING DOCUMENTS A written letter of interest shall be submitted to the Chief of Police prior to the closing date of the promotional notice. The letter of interest shall contain the applicants name, date of hire, current assignment and shall indicate a desire to compete in the promotional process. Training certificates, academic transcripts, diplomas and certification shall accompany the letter of interest. Late submissions (after the closing date on the promotional posting) shall not be accepted. MINIMUM QUALIFICATIONS FOR POLICE SERGEANT The following qualifications shall be met prior to participation in the promotional process. The applicant for Police Sergeant shall: 1. 2. 3. Be a sworn Hayden Police Officer who has successfully completed probationary status; Have attained at least two years consecutive experience as a Law Enforcement Officer within the State of Arizona; Have attained at least an Associates Degree from an accredited College or University; or show evidence of active pursuit of a

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degree. PROMOTIONAL PROCESS The following procedure has been established within the Hayden Police Department for promotional selection. Upon completion and submission of a letter of interest the following will occur: 1. 2. 3. 4. Review of application for verification of minimum requirements. Review of supporting documents as administrative review. A law enforcement oral board interview. Oral interview with Chief of Police.

The oral board shall consist of three members selected from outside the Hayden Police Department. Each member shall be an active law enforcement supervisor at the rank of Sergeant or greater. The board will rate applicants from first to last, with first being the applicant of highest recommendation for hire. The final ratings shall be submitted, in writing, to the Chief of Police. The interviewers are required to ask the same question to each applicant while the applicant is free to expound on any question posed. Prior to conducting oral interviews, the board members will be familiarized with the proper method of conducting oral board interviews. The questions used by the interviewers will show the applicants thought process, with emphasis on critical thinking, problem solving, stressful reaction and police practices within a community oriented framework. The Chief of Police will conduct the application review, personal interview and review the results of the oral board and select the most appropriate applicant for the position. NOTICE OF PROMOTION A written notice shall list the final selection for promotion. The notice shall be posted and a promotional letter shall be awarded to the selected applicant. PROMOTIONAL PRORATION Promotional probation shall be for a twelve month period, beginning on the date of promotion. The promoted officer shall be evaluated on a quarterly basis through the probation period. Should the promoted officer successfully complete the evaluations, the probation period shall be concluded upon completion of the twelve month probationary period. PROBATION EXTENSION

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Probation shall not be extended. Should the promoted officer be unsuccessful in probation he shall be returned to his former rank with accompanying decrease in pay.