Current APD Policy Manual 2017 1.5 issued 7 20 2017

Transcript

1 APD Issued 2017-1.5 Manual Policy 7/20/2017 Austin Police Department Policy Manual CHIEF'S MESSAGE I am proud to present the newest edition of the Austin Police Department Policy Manual. The Policy Manual is designed to assist all employees in accomplishing the Department's mission in a professional and lawful manner. Adherence to these policies also helps safeguard employees and the Department against civil litigation and ensures that employees will be protected when their individual actions are scrutinized, especially after a critical incident. All employees will abide by these policies and are responsible for keeping themselves current on the content of this manual. Stay safe, Brian Brian Manley Chief of Police Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 1 Chief's Message - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

2 APD Issued 2017-1.5 Manual Policy 7/20/2017 Austin Police Department Policy Manual LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; 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 to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law 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, political beliefs, aspirations, 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 police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement. IACP Code of Ethics, adopted 37 Tex. Admin. Code § 1.112 Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Law Enforcement Code of Ethics - 2 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

3 APD Issued 2017-1.5 Manual Policy 7/20/2017 Austin Police Department Policy Manual CANONS OF POLICE ETHICS Article 1: Primary Responsibility of Job The primary responsibility of the police service, and of the individual officer, is the protection of people of the United States through the upholding of laws. Chief among these laws is the Constitution of the United States and its Amendments. The law enforcement officer always represents the whole of the community and it's legally expressed will and is never the arm of any political party or clique. Article 2: Limitations of Authority The first duty of a law enforcement officer, as upholder of the law, is to know its bounds upon him in enforcing it. Because he represents the legal will of the community, be it local, state, or federal, he must be aware of the limitations and proscriptions which the people, through the law, have placed upon him. He must recognize the genius of the American system of government which gives to no man, groups of men, or institutions, absolute power; and he must ensure that he, as a prime defender of that system, does not pervert its character. Article 3: Duty to be Familiar with the Law and with Responsibilities of Self and Other Public Officials The law enforcement officer shall assiduously apply himself to the study of the principles of the laws which he is sworn to uphold. He will make certain of his responsibilities in the particulars of their enforcement, seeking aid from his superiors in matters of technicality or principle when these are not clear to him. He will make special effort to fully understand his relationship to other public officials, including other law enforcement agencies, particularly on matters of jurisdiction, both geographically and substantively. Article 4: Utilization of Proper Means to Gain Proper Ends The law enforcement officer shall be mindful of his responsibility to pay strict attention to the selection of means in discharging the duties of his office. Violations of law or disregard for public safety and property on the part of an officer are intrinsically wrong; they are self-defeating in that they instill in the public mind a like disposition. The employment of illegal means, no matter how worthy the end, is certain to encourage disrespect for the law and its officers. If the law is to be honored, it must be by those who enforce it. Article 5: Cooperation with Public Officials in the Discharge of Their Authorized Duties The law enforcement officer shall cooperate fully with other public officials in the discharge of authorized duties, regardless of party affiliation or personal prejudice. He shall be meticulous, however, in assuring himself of the propriety, under the law, of such actions and shall guard against the use of his office or person, whether knowingly or unknowingly, in any improper or illegal action. In any situation open to question, he shall seek authority from his superior officer, giving him a full report of the proposed service or action. Article 6: Private Conduct Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 3 Canons of Police Ethics - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

4 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Canons of Police Ethics The law enforcement officer shall be mindful of his special identification by the public as an upholder of the law. Laxity of conduct or manner in private life, expressing either disrespect for the law or seeking to gain special privilege, cannot but reflect upon the police officer and the police service. The community and the service require that the law enforcement officer lead the life of a decent and honorable person. Following the career of a police officer gives no person special perquisites. It does give the satisfaction and pride of following and furthering an unbroken tradition of safeguarding the American republic. The officer who reflects upon this tradition will not degrade it. Rather, he will so conduct his private life that the public will regard him as an example of stability, fidelity, and morality. Article 7: Conduct Toward the Public The law enforcement officer, mindful of his responsibility to the whole community, shall deal with individuals of the community in a manner calculated to instill respect for its laws and its police service. The law enforcement officer shall conduct his official life in a manner such as will inspire confidence and trust. Thus, he will be neither overbearing nor subservient, as no individual citizen has an obligation to stand in awe of him nor a right to command him. The officer will give service where he can, and will require compliance with the law. He will do neither from personal preference or prejudice but rather as a duly appointed officer of the law discharging his sworn obligation. Article 8: Conduct in Arresting and Dealing with Law Violators The law enforcement officer shall use his powers of arrest strictly in accordance with the law and with due regard to the rights of the citizen concerned. His office gives him no right to prosecute the violator nor to mete out punishment for the offense. He shall, at all times, have a clear appreciation of his responsibilities and limitations regarding detention of the violator. He shall conduct himself in such a manner as will minimize the possibility of having to use force. To this end, he shall cultivate a dedication to the service of the people and the equitable upholding of their laws, whether in the handling of law violators or in dealing with the law abiding. Article 9: Gifts and Favors The law enforcement officer, representing government, bears the heavy responsibility of maintaining, in his own conduct, the honor and integrity of all government institutions. He shall, therefore, guard against placing himself in a position in which any person can expect special consideration or in which the public can reasonably assume that special consideration is being given. Thus, he should be firm in refusing gifts, favors or gratuities, large or small, which can, in the public mind, be interpreted as capable of influencing his judgment in the discharge of his duties. Article 10: Presentation of Evidence The law enforcement officer shall be concerned equally in the prosecution of the wrong-doer and the defense of the innocent. He shall ascertain what constitutes evidence and shall present such evidence impartially and without malice. In so doing, he will ignore social, political, and all other distinctions among the persons involved, strengthening the tradition of the reliability and integrity of an officer's word. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 4 Canons of Police Ethics - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

5 Policy 7/20/2017 Issued 2017-1.5 Manual APD Austin Police Department Policy Manual Canons of Police Ethics Article 11: Attitude Toward Profession The law enforcement officer shall regard the discharge of his duties as a public trust and recognize his responsibility as a public servant. By diligent study and sincere attention to self-improvement, he shall strive to make the best possible application of science to the solution of crime, and in the field of human relationships, shall strive for effective leadership and public influence in matters affecting public safety. He shall appreciate the importance and responsibility of his office and shall hold police work to be an honorable profession rendering valuable service to his community and country. Tex. Admin. Code § 1.113 IACP Canons of Police Ethics, adopted 37 Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 5 Canons of Police Ethics - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

6 APD Issued 2017-1.5 Manual Policy 7/20/2017 Austin Police Department Policy Manual PHILOSOPHY, VALUES, VISION AND MISSION Philosophy of the Austin Police Department The protection of life is the primary core value and guiding principle of the Austin Police Department. As such, all employees will strive to preserve human life while recognizing that duty may require the use of deadly force, as a last resort, after other reasonable alternatives have failed or been determined impractical. The department's basic goal is to protect life, property, and to preserve the peace in a manner consistent with the freedom secured by the United States Constitution. It is our duty to guarantee these inalienable rights in strict accordance with the highest principles of our society. Operating with the statutory and judicial limitations of police authority, our role is to enforce the law in a fair and impartial manner. It is not our role to legislate, render legal judgment, or punish. Employees should, by professional attitude and exemplary conduct, ensure all persons are treated with respect and courtesy. Employees should be cognizant of the fact that they are a part of the community they serve and are accountable to the community for their decisions and the consequences of those decisions. Employees should make every effort to involve the community in problem solving, crime suppression, and crime prevention. Employees should strive to know the residents they serve. Positive contact between employees and residents will enhance the public understanding of the employee's role in society and help build partnerships from which crime and fear of crime can be reduced. Knowledge of the law itself and the ability to understand those ideals upon which the law is built are the cornerstones of law enforcement. Compassion and discretion will play an important role within the philosophy of any employee. Employees of the Department are professionals. We must realize our main responsibility is the protection of the community and the preservation of human life and dignity. We are guided by the philosophy set forth here and the policies and procedures incorporated into this and other Department manuals. Department Values - I. C.A.R.E. I ntegrity - the cornerstone of Police work; without it, public trust is lost. C ourage - to make the right professional decision. ccountable - to the community, the Department, and coworkers. A espect - of the community, the Department, and most importantly, self. R thical - professional actions and decision making. E To be respected and trusted by all segments of Austin's diverse community. Vision Statement: Mission Statement: To keep you, your family, and our community safe. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 6 Philosophy, Values, Vision and Mission - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

7 APD Issued 2017-1.5 Manual Policy 7/20/2017 Austin Police Department Policy Manual SUPERVISORY REFERENCE GUIDE 200 Response to Resistance 206 Control Devices 208 Taser Guidelines 211 Response to Resistance Reporting Guidelines 214 Vehicle Pursuits 215 Foot Pursuits 306 Search and Seizure 318 Detention, Filed Interviews, and Field Photographs 319 Arrests 321 Care and Transport of Prisoners 346 Crash Investigating and Reporting 402 Incident Reporting and Documentation 408 Mobile Field Force 412 Hostage, Barricaded, and Suicidal Subject Incidents 414 Bomb Threats 455 Social Media 618 Property and Evidence Collection 803 Duty Firearms 804 Department Vehicles 900 General Conduct and Responsibilities 901 Special Investigations 902 Administrative Investigations 903 Discipline Matrix 908 Reporting of Employee Arrests and Police Involvement 916 Drug and Alcohol Free Workplace 949 Secondary Employment Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Supervisory Reference Guide - 7 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

8 APD Issued 2017-1.5 Manual Policy 7/20/2017 Austin Police Department Policy Manual Table of Contents 1 . . . . . . . . . . . . . . . . . . . . . . . Chief's Message Law Enforcement Code of Ethics . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . 3 Canons of Police Ethics Philosophy, Values, Vision and Mission . . . . . . . . . . . . . . . 6 Supervisory Reference Guide . . . . . . . . . . . . . . . . . . . 7 Chapter 1 - Department Organization and Administration . . . . . . . . . 12 13 100 - Law Enforcement Authority . . . . . . . . . . . . . . . . . 15 102 - Chief Executive Officer . . . . . . . . . . . . . . . . . . . 16 104 - Oath of Office . . . . . . . . . . . . . . . . . . . . . 17 106 - Department Manuals . . . . . . . . . . . . . . . . . . . 24 110 - Organizational Structure and Responsibility . . . . . . . . . . . . 111 - APD Standing Committees . . . . . . . . . . . . . . . . . 30 31 114 - Administrative Communications . . . . . . . . . . . . . . . . 33 115 - Forms Control . . . . . . . . . . . . . . . . . . . . . 116 - Security and Release of Records and Information . . . . . . . . . . 34 41 118 - Criminal History Record Information . . . . . . . . . . . . . . 45 123 - Inspections . . . . . . . . . . . . . . . . . . . . . . 47 124 - Watch Lieutenant . . . . . . . . . . . . . . . . . . . . 127 - Meet and Confer . . . . . . . . . . . . . . . . . . . . . 48 Chapter 2 - Response to Resistance and Pursuit Policies . . . . . . . . . 49 50 200 - Response to Resistance . . . . . . . . . . . . . . . . . . 202 - Firearm Discharge Situations . . . . . . . . . . . . . . . . . 55 204 - Leg Restraint Device . . . . . . . . . . . . . . . . . . . 62 64 206 - Control Devices and Techniques . . . . . . . . . . . . . . . 69 208 - TASER Device Guidelines . . . . . . . . . . . . . . . . . 211 - Response to Resistance Inquiry, Reporting, and Review . . . . . . . . 75 212 - Force Review Board . . . . . . . . . . . . . . . . . . . 90 96 214 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . . 215 - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . 113 119 Chapter 3 - Field Operation, Custody, and Traffic Enforcement Guidelines . . . 300 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 120 301 - Responsibility to the Community . . . . . . . . . . . . . . . 122 302 - Public Recording of Official Acts . . . . . . . . . . . . . . . 124 127 303 - Body Worn Camera Systems . . . . . . . . . . . . . . . . 304 - Digital Mobile Audio Video Recording . . . . . . . . . . . . . . 133 305 - Radio and Mobile Data Computer Use . . . . . . . . . . . . . 138 306 - Search and Seizure . . . . . . . . . . . . . . . . . . . 143 Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Table of Contents - 8 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

9 APD Issued 2017-1.5 Manual Policy 7/20/2017 Austin Police Department Policy Manual 307 - Mobile Fingerprinting Device . . . . . . . . . . . . . . . . 152 308 - Misdemeanor Citations . . . . . . . . . . . . . . . . . . 153 317 - Handling Juveniles . . . . . . . . . . . . . . . . . . . . 158 318 - Detentions, Field Interviews, and Field Photographs . . . . . . . . . 169 175 319 - Arrests . . . . . . . . . . . . . . . . . . . . . . . 186 321 - Care and Transport of Prisoners . . . . . . . . . . . . . . . 323 - Booking and Arrest Review . . . . . . . . . . . . . . . . . 196 324 - Police Observer Program . . . . . . . . . . . . . . . . . 199 326 - News and Media Relations . . . . . . . . . . . . . . . . . 205 210 328 - Bias-Based Profiling . . . . . . . . . . . . . . . . . . . 329 - Racial Profiling . . . . . . . . . . . . . . . . . . . . . 212 215 330 - Foreign Officials Claiming Immunity . . . . . . . . . . . . . . 342 - Traffic Enforcement . . . . . . . . . . . . . . . . . . . 221 228 343 - Escorts and Traffic Control . . . . . . . . . . . . . . . . . 344 - Automatic License Plate Reader (ALPR) . . . . . . . . . . . . . 231 346 - Crash Investigation And Reporting . . . . . . . . . . . . . . . 234 348 - Disabled Vehicles and Stranded Motorists . . . . . . . . . . . . 244 350 - Vehicle Towing and Impound . . . . . . . . . . . . . . . . 245 355 - DWI Enforcement . . . . . . . . . . . . . . . . . . . . 250 260 362 - Outside Agency Assistance and Joint Task Forces . . . . . . . . . 364 - Off-Duty Law Enforcement Actions . . . . . . . . . . . . . . 264 267 Chapter 4 - Incident Response, Investigation, and Reporting Guidelines . . . . 400 - Officer Response to Calls . . . . . . . . . . . . . . . . . 268 401 - Preliminary Field Investigations . . . . . . . . . . . . . . . . 273 402 - Incident Reporting and Documentation . . . . . . . . . . . . . 280 287 403 - Follow-Up Investigations . . . . . . . . . . . . . . . . . . 405 - Fugitive and Search Warrants . . . . . . . . . . . . . . . . 303 309 406 - Case Clearance . . . . . . . . . . . . . . . . . . . . 407 - Emergency Management . . . . . . . . . . . . . . . . . . 313 408 - Mobile Field Force . . . . . . . . . . . . . . . . . . . . 325 409 - Swift Water and Flooding Incidents . . . . . . . . . . . . . . 329 331 410 - Hazardous Material Response . . . . . . . . . . . . . . . . 333 412 - Hostage, Barricaded, and Suicidal Subject Incidents . . . . . . . . . 337 413 - Clandestine Lab . . . . . . . . . . . . . . . . . . . . 414 - Bomb Threats, Explosive Devices, and Bombing/Explosion Incidents . . . . 339 345 416 - Aircraft Crashes . . . . . . . . . . . . . . . . . . . . 418 - Family Violence . . . . . . . . . . . . . . . . . . . . 347 419 - Protective Orders . . . . . . . . . . . . . . . . . . . . 360 420 - Sexual Assault . . . . . . . . . . . . . . . . . . . . . 364 422 - Elder Abuse . . . . . . . . . . . . . . . . . . . . . . 367 424 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 370 373 426 - Missing Persons . . . . . . . . . . . . . . . . . . . . 380 427 - Exigent Mobile Phone Ping Requests . . . . . . . . . . . . . . 434 - Death Investigations . . . . . . . . . . . . . . . . . . . 382 435 - Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle . . . . . . 386 436 - Identity Theft . . . . . . . . . . . . . . . . . . . . . 391 Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Table of Contents - 9 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

10 APD Issued 2017-1.5 Manual Policy 7/20/2017 Austin Police Department Policy Manual 437 - Criminal Trespass . . . . . . . . . . . . . . . . . . . . 392 438 - Hate Crimes . . . . . . . . . . . . . . . . . . . . . . 397 440 - Service Animals . . . . . . . . . . . . . . . . . . . . 400 445 - Mental Health Response . . . . . . . . . . . . . . . . . . 402 450 - Informants . . . . . . . . . . . . . . . . . . . . . . 408 455 - Social Media for Official Use . . . . . . . . . . . . . . . . 412 Chapter 5 - Field Support Operations . . . . . . . . . . . . . . . 418 419 500 - Bicycle Operations . . . . . . . . . . . . . . . . . . . . 423 503 - Canine Unit . . . . . . . . . . . . . . . . . . . . . . 504 - Air Operations and Air Support . . . . . . . . . . . . . . . . 425 427 Chapter 6 - General Support Operations . . . . . . . . . . . . . . 601 - Victim Services . . . . . . . . . . . . . . . . . . . . . 428 431 602 - Chaplain Unit . . . . . . . . . . . . . . . . . . . . . 605 - Auxiliary and Support Services . . . . . . . . . . . . . . . . 433 435 607 - U-Visa Nonimmigrant Status Certifications . . . . . . . . . . . . 437 609 - Interpreter Services . . . . . . . . . . . . . . . . . . . 610 - Crime Analysis . . . . . . . . . . . . . . . . . . . . . 440 612 - Communication Operations . . . . . . . . . . . . . . . . . 442 443 614 - Central Records Procedures . . . . . . . . . . . . . . . . 444 616 - Public Safety Camera System . . . . . . . . . . . . . . . . 449 617 - Critical Incident Support Systems and Procedures . . . . . . . . . . 618 - Property and Evidence Collection Procedures . . . . . . . . . . . 453 Chapter 8 - Equipment Policies . . . . . . . . . . . . . . . . . . 460 461 800 - Property and Equipment Accountability . . . . . . . . . . . . . 801 - Equipment and Uniform Regulations . . . . . . . . . . . . . . 469 803 - Duty Firearms . . . . . . . . . . . . . . . . . . . . . 484 495 804 - Department Vehicles . . . . . . . . . . . . . . . . . . . 502 Chapter 9 - Personnel Policies . . . . . . . . . . . . . . . . . . 900 - General Conduct and Responsibilities . . . . . . . . . . . . . 503 901 - Special Investigations . . . . . . . . . . . . . . . . . . . 516 523 902 - Administrative Investigations . . . . . . . . . . . . . . . . 903 - Discipline Matrix . . . . . . . . . . . . . . . . . . . . 555 559 904 - Grievance Procedures . . . . . . . . . . . . . . . . . . 906 - Guidance Advisory Program . . . . . . . . . . . . . . . . . 562 908 - Reporting of Employee Arrests and Police Involvement . . . . . . . . 565 910 - Peace Officer Personnel Files . . . . . . . . . . . . . . . . 569 912 - Personnel Evaluations . . . . . . . . . . . . . . . . . . 576 914 - Discrimination and Harassment . . . . . . . . . . . . . . . . 583 586 916 - Drug and Alcohol Free Workplace . . . . . . . . . . . . . . . 594 917 - Drug and Alcohol Abuse and Treatment . . . . . . . . . . . . . 918 - Promotion, Transfer, and Vacancy Guidelines for Sworn Employees . . . . 598 919 - Promotional Bypass of Sworn Employees . . . . . . . . . . . . 608 922 - Awards and Commendations . . . . . . . . . . . . . . . . 609 Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Table of Contents - 10 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

11 APD Issued 2017-1.5 Manual Policy 7/20/2017 Austin Police Department Policy Manual 924 - Personal Appearance Standards . . . . . . . . . . . . . . . 618 935 - Court Appearances . . . . . . . . . . . . . . . . . . . 622 942 - Training and Career Development . . . . . . . . . . . . . . . 630 946 - Smoking/Tobacco Use . . . . . . . . . . . . . . . . . . 637 949 - Secondary Employment . . . . . . . . . . . . . . . . . . 638 950 - Overtime and Compensatory Time . . . . . . . . . . . . . . 658 661 951 - Pay Differential . . . . . . . . . . . . . . . . . . . . . 663 953 - Incentive Pay . . . . . . . . . . . . . . . . . . . . . 665 955 - Attendance and Leave . . . . . . . . . . . . . . . . . . 678 956 - On-Duty Injury and Illness . . . . . . . . . . . . . . . . . 683 957 - Communicable Disease Exposures and Response Protocols . . . . . . 958 - Limited Duty, Extended Limited Duty, Return to Work, and Pregnancy . . . 689 700 959 - Restricted Duty . . . . . . . . . . . . . . . . . . . . . 703 972 - Employee Speech, Expression, and Social Networking . . . . . . . . 706 Chapter 10 - General Policies . . . . . . . . . . . . . . . . . . 1000 - Department Technology Use . . . . . . . . . . . . . . . . 707 715 1002 - Electronic Mail (Email) Communications . . . . . . . . . . . . 1003 - Telephone and Mail Protocol . . . . . . . . . . . . . . . . 718 721 1007 - Funeral Procedures . . . . . . . . . . . . . . . . . . . 1009 - Building Security . . . . . . . . . . . . . . . . . . . . 727 1011 - Purchasing . . . . . . . . . . . . . . . . . . . . . . 730 737 1013 - Budget . . . . . . . . . . . . . . . . . . . . . . . 739 1015 - Grants Management . . . . . . . . . . . . . . . . . . . 1017 - Gifts and Donations . . . . . . . . . . . . . . . . . . . 741 744 1019 - Bulletin Boards . . . . . . . . . . . . . . . . . . . . 1021 - Severe Weather Policy . . . . . . . . . . . . . . . . . . 745 746 1022 - Courtesies to the Flag . . . . . . . . . . . . . . . . . . 1023 - Honorably Retired Photo Identification and Range Qualification . . . . . 748 1024 - Emergency Notification System (ENS) . . . . . . . . . . . . . 749 750 . . . . . . . . . . . . . . . . . . . . . . . . Attachments 751 Awards and Ribbons.pdf . . . . . . . . . . . . . . . . . . . . Awards and Ribbons.pdf . . . . . . . . . . . . . . . . . . . Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Table of Contents - 11 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

12 Manual 7/20/2017 Issued 2017-1.5 Policy APD Austin Police Department Policy Manual Chapter 1 - Department Organization and Administration Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Department Organization and Administration - Published with permission by Austin Police Department 12 APD Policy Manual 2017-1.5 Issued 7/20/2017

13 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 100 Law Enforcement Authority 100.1 PURPOSE AND SCOPE Law enforcement officers are granted the authority to perform their functions based on established legal authority. This department does not tolerate abuse of law enforcement authority. 100.2 PEACE OFFICER POWERS Sworn members of this department shall be considered peace officers pursuant to Tex. Code of Crim. Pro. art. 2.12. The authority of any such peace officer extends to any place in the State of Texas and assigns the duty to every peace officer to preserve the peace within the State of Texas and their jurisdiction through all lawful means. A peace officer shall perform the duties as required under the Tex. Code of Crim. Pro. art. 2.13. Special or limited peace officer powers or authority to arrest may be granted to others as specified in Tex. Code of Crim. Pro. art. 2.121 - 2.125. 100.3 CONSTITUTIONAL REQUIREMENTS All employees shall observe and comply with every person's clearly established rights under the United States and Texas Constitutions. 100.4 LAW ENFORCEMENT JURISDICTION Employees should be aware that there are numerous law enforcement agencies within and surrounding the City. These agencies have jurisdiction within the confines of their geographical boundaries or areas of control. This includes, but is not limited to, the following: (a) Federal law enforcement officers possess full federal authority nationwide as given to them under the United States Code (U.S.C.). Federal Law Enforcement Officers are authorized to enforce various laws at the federal, state, county, and local level. The Federal Building in Austin is a federal reservation. The Federal Police have patrol jurisdiction and the FBI has investigative jurisdiction. The Department of Public Safety (DPS) is a state entity which has statewide jurisdiction to (b) conduct criminal investigations, issue traffic citations, and investigate intra-state crashes. This includes the Texas Rangers and DPS Troopers. Sheriff's Offices are county level entities which have jurisdiction to conduct criminal (c) investigations and enforce County Ordinances within their county. They have statewide jurisdiction to arrest for any criminal offense committed within their presence or view. They have countywide jurisdiction to issue traffic citations. Local Sheriff's Offices includes the Travis County Sheriff's Office (TCSO), the Williamson County Sheriff's Office (WCSO) and the Hays County Sheriff's Office (HCSO). (d) Constable Offices are county level entities which have countywide jurisdiction to serve civil process and conduct criminal investigations. They have statewide jurisdiction to serve Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Law Enforcement Authority - 13 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

14 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Law Enforcement Authority warrants and arrest for any criminal offense committed within their presence or view. They have countywide jurisdiction to issue traffic citations. Constable Offices are broken up into Precinct's and Travis County has five (5) Constable Precincts. Municipal Police Departments are city level entities which have citywide jurisdiction to (e) conduct criminal investigations. They have jurisdiction in their municipality and concurrent counties to issue traffic citations and statewide jurisdiction to arrest for any criminal offense committed within their presence or view. The Austin Police Department is a Municipal Police Department. (f) Independent School Districts (ISD) and higher education police have concurrent jurisdiction on school property. This includes, among others, Austin Community College Police, Austin Independent School District Police (AISD-PD) and The University of Texas Police Department (UTPD). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Law Enforcement Authority - 14 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

15 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 102 Chief Executive Officer 102.1 PURPOSE AND SCOPE The Texas Commission on Law Enforcement (TCOLE) has mandated that all sworn officers and dispatchers employed within the State of Texas shall receive initial certification by TCOLE within prescribed time periods. 102.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS Any chief executive officer of this department shall, as a condition of continued employment, complete the course of training prescribed by TCOLE and obtain the Basic Certificate by TCOLE within the time frame prescribed by Tex. Educ. Code § 96.641 (Tex. Occ. Code § 1701.358). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 15 Chief Executive Officer - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

16 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 104 Oath of Office 104.1 PURPOSE AND SCOPE Officers of this department are sworn to uphold the federal and state constitutions and to enforce federal, state and local laws. 104.1.1 OATH OF OFFICE Upon employment, all sworn employees shall be required to affirm and sign the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer. The oath shall read as follows: "I ______________, do solemnly swear that I will faithfully and impartially discharge and perform all duties incumbent upon me as a Police Officer of the City of Austin, according to the best of my skill and ability, agreeable to the Constitution and laws of the United States and the State of Texas. I further solemnly swear that I will be faithful to the demands for truth and honesty, as established by my profession and the Austin Police Department. I will devote my efforts and skills to the honorable profession of policing, and to the service of the neighborhoods and individuals of this community, the City of Austin. So help me God." 104.1.2 CODE AND CANONS OF ETHICS All sworn employees shall adhere to the Code of Ethics and Canons of Police Ethics in the Policy Manual preface, as adopted by the International Association of Chiefs of Police (IACP). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Oath of Office - 16 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

17 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 106 Department Manuals 106.1 PURPOSE AND SCOPE Department manuals are the written procedures, guidelines and rules that formulate Department policies to provide employees with clear information and direction as to the expectations and responsibilities relating to the performance of their duties. This policy defines the use of each type of manual, restricts the authority to issue, and provides distribution and maintenance guidelines to ensure that all personnel become acquainted with the contents of any manual affecting their position. 106.1.1 LEGALITY OF CONTENTS If any section, subsection, item, clause, or phrase contained in any written directive is found to be illegal or otherwise incorrect or inapplicable, such finding shall not affect the validity of the remaining portions of the written directive. 106.2 GENERAL GUIDELINES Due to the amount of information needed to operate an organization the size and complexity (a) of the Austin Police Department, Department Manuals are compiled into the following: Policy Manual. 1. 2. Special Orders. Standard Operating Procedure Manuals. 3. 4. Operations Manuals. (b) The Chief is the ultimate authority for the provisions of Department Manuals and will ensure compliance with all applicable Texas law. The Chief or designee may approve and authorize exceptions to individual provisions within (c) any Department Manual or directive. 1. Exemptions may be made after a legitimate business need has been clearly articulated and it is determined that failure to provide the exemption would severely interfere with a person's or work group's ability to achieve department goals (e.g. Undercover officers having to comply with all provisions of the Dress and Grooming Code). Exemptions will not necessarily be referenced within the directives; however, it is the 2. responsibility of the assistant chiefs and commanders to ensure that any exemptions are documented in a form where they can be identified and verified. All exemptions will require periodic review to determine their continued applicability and/or the need for alteration. 3. Exemptions will not be authorized which allow employees to infringe upon residents' rights to be treated fairly, humanely, and equitably under the law. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Department Manuals - 17 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

18 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Department Manuals 106.2.1 DEFINITIONS The following words and terms shall have these assigned meanings within all Department Manuals and directives, unless it is apparent from the content that they have a different meaning: - The City of Austin (as a government entity). City - an employee of the Austin Police Department having no arrest authority as Civilian/Non-Sworn defined for sworn officers. Civilian personnel may be employed and affiliated with APD in a variety of supporting roles, and may be uniformed, but lack the authority to make a full-custody arrest. Department/APD - The Austin Police Department. - All persons employed by the Austin Police Department. This Employee/Member/Personnel includes sworn officers, civilian employees, unpaid interns and volunteers. - Generally any person under the age of 17 years. Certain sections of policy may differ in Child the age range of a Child due to statute specifications. Manual - The Austin Police Department Policy Manual. - An employee of the Austin Police Department who is commissioned by the City Officer/Sworn of Austin as a law enforcement officer and granted those general peace officer powers prescribed by constitution, statute, or ordinance in the jurisdiction. - A written or verbal instruction issued by a superior. Order TCOLE - The Texas Commission on Law Enforcement. Rank - The job classification title held by a sworn employee. 106.2.2 FORMATTING AND ABBREVIATION CONVENTIONS The following formatting conventions will be used for each Department Manual and directive: (a) The document will begin with a scope and purpose statement and conclude with 1. specific directive information. 2. The subject of the document will be included in the header and the published date will be included in the footer. (b) The following are acceptable substitutions: Special Orders may be abbreviated as "SO." 1. An individual policy may be referenced as "Policy X." 2. Individual sections of a policy may be referenced as "Section 106.X" or "§ 106.X." 3. 106.2.3 GRAMMATICAL CONSTRUCTION OF MANUALS (a) The meaning of words or phrases not specifically defined shall be interpreted to have the meaning and intent established in common usage. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Department Manuals - 18 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

19 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Department Manuals No exception to directives will be made based on verb tense, gender, or number. The (b) following rules of grammar shall apply throughout all Department Manuals and directives: 1. Present tense wording includes the past and future; Future tense wording includes the present. The use of a specific gender is inclusive of all genders. 2. The use of the singular number includes the plural, and the plural includes the 3. singular. Verb forms: 4. (a) The words "shall", "will", and "must" are mandatory in intent and are used to specify a required action. (b) The word "should" is advisory in intent. While not mandatory, an advised action should be followed if the situation permits and the action is deemed practical. The word "may" is permissive. (c) 5. The use of "e.g.," means "for example;" its use is not intended to be an all-inclusive list. 106.2.4 ACKNOWLEDGMENT OF DEPARTMENT MANUALS AND MANUAL REVISIONS (a) As a condition of employment, all employees are required to electronically or physically sign a statement of receipt acknowledging that the employee: Has received a copy or has been provided electronic access to the Policy Manual; 1. and Is responsible for reading and becoming familiar with the Policy Manual; and 2. Will obtain any necessary clarification of the Policy Manual; and 3. Will keep abreast of all revisions to the Policy Manual. 4. (b) Supervisors/managers will ensure their employees are issued any applicable SOP(s) and/ or Ops Manual(s) specific to that work assignment. 1. Employees are required to electronically or physically sign an issuance receipt upon receiving an SOP and/or Ops Manual. 2. Physical issuance logs will be maintained by the Unit Supervisor. (c) Supervisor/managers will ensure their employees are made aware of any applicable Department Manual revision. Employees are required to electronically or physically sign an issuance receipt upon 1. receiving an update to any Department Manual. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Department Manuals - 19 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

20 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Department Manuals Physical issuance logs will be maintained by the Unit Supervisor. 2. 106.3 POLICY MANUAL The Policy Manual is a statement of the current policies and general practices of the Department. Except where otherwise expressly stated, all employees are to conform to the provisions of this manual. It is recognized, however, that police work is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of the Department under the circumstances reasonably available at the time of any incident. All prior and existing manuals, orders and regulations which are in conflict with this manual (a) are revoked, except to the extent that portions of existing manuals, orders and other regulations which have not been included herein shall remain in effect where they do not conflict with the provisions of this manual. (b) A computerized version of this Policy Manual will be made available on the Department network for access by all employees. The Policy Manual, as amended by subsequent Special Orders, shall stand over all other (c) Department directives. 106.4 SPECIAL ORDERS Special Orders establish an interdepartmental communication that may be used by the Chief of Police to make immediate changes to policy and procedure consistent with the current Meet and Confer agreement. (a) Special Orders will immediately modify or change, and supersede, sections of this manual to which they pertain. Special Orders may also establish a temporary policy or procedure on a given subject for a specific length of time. (b) Special Orders may be issued to the organization as a whole, to specific part of the Department, or to an individual thereof. (c) Special Orders will have the force and effect of a Policy until its expiration or the change is incorporated into a Policy. Special Orders will be incorporated into the manual as required upon final approval of the Chief of Police. (d) Special Orders will be numbered consecutively, starting with the four digit number of the year, followed by the number "01." For example, 2011-01 signifies the first Special Order for the year 2011. 106.5 STANDARD OPERATING PROCEDURE MANUALS Standard Operating Procedure (SOP) Manuals contain procedures and guidelines specific to a rank, Unit, Command, or multiple Commands. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Department Manuals - 20 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

21 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Department Manuals Procedures contained in SOP Manuals shall not conflict with the policies, procedures or (a) rules established in the Policy Manual. However, exceptions to specific parts of the Policy Manual may be approved by an assistant chief/director. SOP Manuals are generally considered public documents; information of a sensitive law (b) enforcement nature should therefore be included in an Operations Manuals. (c) SOP Manuals that encompass an entire Command of the Department shall take precedence over SOP manuals that encompass a specific Unit within that Command. 106.6 OPERATIONS MANUALS Oftentimes a need arises for extremely detailed procedural information of a confidential nature. This information will be placed in an Operations Manual (Ops Manual) and kept separate from the SOP Manuals. Due to their inherent sensitive law enforcement nature, Ops Manuals are not considered public documents. Manuals of this nature have the same force and effect as an SOP Manual. Procedures (a) contained in these Manuals shall not conflict with the policies, procedures, or rules established in the Policy Manual. However, exceptions to specific parts of the Policy Manual may be approved by an assistant chief/director. (b) These Manuals may consist of materials produced professionally by a source outside of the Department, in addition to any intra-departmentally produced information. Materials may be included in these manuals due to: (c) 1. Their detailed and extensive nature. 2. Their applicability to a very limited number of employees. A need to maintain confidentiality of the information (e.g., investigative strategy) 3. within a specific work group. 106.7 REVISION OF DEPARTMENT MANUALS Any Department employee may suggest a revision to a Department Manual. Employee's Request for suggesting a revision of the contents to a Department Manual shall complete a form. Revision to Policy/Procedure/SOP (a) Revision requests that affect multiple Commands (e.g. Patrol, District Representatives, Sector Detectives) or the entire Department will be forwarded through the employee's chain- of-command to the Risk Management Unit or directly to [email protected] on form PD0057. (b) Revision requests that affect a single Command will be forwarded through the employee's chain-of-command to the appropriate commander/manager. If approved by the appropriate commander/manager, the revision request will be forwarded to the Risk Management Unit [email protected] on form PD0057 or directly to Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Department Manuals - 21 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

22 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Department Manuals Final approval for revision requests are handled as follows: (c) 1. Policy Manual revisions require the final approval of the Chief of Police. Patrol SOP revisions require the final approval of the affected commanders and 2. assistant chiefs. 3. All other SOP and Ops Manual revisions require the final approval of the affected commanders/managers. A signed copy of the approved revisions will be sent to the Risk Management Unit. 4. 106.7.1 RISK MANAGEMENT UNIT The Policy Development Unit is responsible for: (a) Coordinating the submission of Department Manual revision requests to the Policy Review Committee and Command/Executive Staff, as appropriate. Implementing all approved Department Manual revisions into a Special Order. (b) (c) Integrating all outstanding Special Orders into the affected Department Manual as needed. (d) Maintaining the current version and archiving all previous versions of all Department Manuals. 106.7.2 POLICY REVIEW COMMITTEE The Policy Review Committee (PRC) is responsible for reviewing proposals for revisions to Department policy that would impact the entire Department or multiple Commands. The PRC shall adhere to the following procedures: The PRC will meet monthly to review the quarterly changes recommended to the Policy (a) Manual, or on an as needed basis to initiate or review internally proposed revisions to applicable Department Manuals. In order for a PRC meeting to convene, a quorum of at least fifty percent of the members of (b) the PRC must be in attendance for the entirety of the meeting. (c) The PRC will ensure proposed changes do not contradict existing agency directives or applicable laws. Nothing in this policy shall preclude the Chief from directly approving a Department policy or (d) from appointing a focus group to review any policy revision and provide feedback in those areas where there is no consensus, the issues are complex, and/or exigent circumstances exist. 106.8 REVIEW OF DEPARTMENT MANUALS (a) The Chief of Police will cause the entire Policy Manual to be reviewed and updated as necessary to ensure it conforms to actual Department operations and complies with law. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Department Manuals - 22 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

23 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Department Manuals (b) Commanders/managers will cause their affected SOP and Ops Manuals to be reviewed and updated as necessary to ensure it conforms to actual Department operations and complies with law. 1. A complete up-to-date copy of each SOP and Ops Manual shall be submitted to the Risk Management Unit by December 1 of each year, regardless of whether there have been any revisions. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Department Manuals - 23 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

24 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 110 Organizational Structure and Responsibility 110.1 PURPOSE AND SCOPE The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public. 110.2 SWORN RANKS ESTABLISHED Sworn employees are classified by the following ranks: Chief of Police. (a) Assistant Chief of Police. (b) (c) Commander. Lieutenant. (d) (e) Sergeant. Corporal/Detective. (f) (g) Police Officer. 110.2.1 CHIEF OF POLICE The Chief of Police is the director of the Department and assumes responsibility for the overall management of the organization, authorizes the institution of programs which keep APD effective in responsiveness to a wide variety of community needs, and guides the Department in progressive leadership and technology arenas. The Chief is responsible for keeping the City Manager informed of Department activities and accomplishments. 110.2.2 ASSISTANT CHIEF OF POLICE (a) Assistant chiefs assume management responsibility over all matters relating to the fulfillment of the functions within their Command. Assistant chiefs work in conjunction with each other to provide unified direction to the multiple segments of the organization, assisting the Chief in the management of the agency. (b) One assistant chief is designated as Chief of Staff. In addition to any other duties incumbent upon the position of an assistant chief, this person will serve in the absence or unavailability of the Chief, be the Chief's direct designee in all matters, and coordinate the activities of the other assistant chiefs. The Chief of Staff is responsible for the daily management of Department Operations. 110.2.3 COMMANDER Commanders exercise line command over the employees assigned to them and assume staff responsibility over matters relating to the operations within their assigned command. Organizational Structure and Responsibility - Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 24 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

25 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Organizational Structure and Responsibility 110.2.4 LIEUTENANT Lieutenants exercise line command and provide advice and guidance to those employees assigned to them, as well as being responsible for keeping the respective commander informed about the activities and accomplishments of those employees. 110.2.5 SERGEANT Sergeants exercise line command over the employees of their assigned unit and function as the first line supervisory level within the Department. They are responsible for ensuring service delivery, compliance with policy, make recommendations to their lieutenants for improvements in operations, and to guide, train, direct, and motivate those they supervise. 110.2.6 CORPORAL/DETECTIVE (a) Corporals/detectives are responsible for: Ensuring service delivery, employee compliance with policy, and making 1. recommendations to the sergeant for operation improvements. Conducting criminal investigations, interviewing witnesses and suspects, and 2. assisting crime victims in filing complaints for criminal acts committed against them. Serving as training instructors and in other non-enforcement roles for the 3. Department. (b) Corporals/detectives will exercise line command over the employees of their assigned Unit in the absence of the sergeant due to approved leave, training, or a special assignment. Corporals/detectives may be given limited supervisory authority to support the role of the (c) sergeant. (d) Corporals may not be hired to work overtime in a supervisory role. 110.2.7 POLICE OFFICER Police officers make up the majority of the Department's sworn personnel and often are the first to make contact with the public. Assignments vary in content but generally include patrol and community interaction. They are responsible for keeping their respective supervisors informed about their activities and accomplishments. 110.3 DEPARTMENT ORGANIZATION AND COMMAND PROTOCOL APD's ability to make organizational adjustments to meet changing needs is essential in order to maximize the use of assigned resources. To ensure stability, the basic Department structure should not be changed in the absence of a demonstrated need brought about by changing community conditions. Redistribution of personnel and resources may occur as a result of any Department reorganization. APD-HR will maintain personnel allocation information. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 25 7/20/2017 Policy Manual 2017-1.5 Issued APD

26 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Organizational Structure and Responsibility 110.3.1 SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department. During planned absences, the Chief of Police will designate a person to serve as the acting Chief of Police. (a) Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: 1. Chief of Staff. 2. An assistant chief, in order of seniority. 3. A commander, in order of seniority. 110.3.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., K-9, SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists. 110.3.3 SPAN OF CONTROL The number of employees under the immediate management of a single supervisor should not normally exceed fifteen (15). However, when staffing requirements are anticipated to exceed fifteen per supervisor, the span of control should be based upon the complexity/variety of the tasks of subordinates and the potential for a supervisor to adequately oversee the number of employees involved. 110.3.4 DELEGATED AUTHORITY At all levels of the Department, authority will be delegated to employees to make decisions necessary for the effective execution of their responsibilities. Employees are accountable for the use of, or the failure to use, delegated authority. 110.3.5 DETERMINATION OF SENIORITY (a) The senior officer at a police incident shall be determined by rank, then by seniority within rank. Seniority of civilian employees shall be determined as follows: (b) 1. Competent authority will designate a person to be in charge of a particular situation or group. In the absence of designation of command, seniority will be determined by job 2. classification, then by length of continuous service within the classification. 110.4 EMPLOYEE RESPONSIBILITIES Employees are at all times individually responsible for conducting themselves in a professional and ethical manner and for treating coworkers with respect and dignity. The intent of this section Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 26 7/20/2017 Policy Manual 2017-1.5 Issued APD

27 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Organizational Structure and Responsibility is to clearly state that unprofessional behavior will not be tolerated in the workplace. Employees shall maintain loyalty to the Department as is consistent with the law and personal ethics. 110.4.1 CHAIN-OF-COMMAND Employees are responsible for knowing their chain-of-command and operating within it except when impractical to do so. If an employee bypasses the chain-of-command, the employee will notify his affected (a) supervisor as soon as practical. When a written directive requires an employee notify an immediate supervisor and the (b) immediate supervisor is not readily available, the employee will: Notify the person designated as the acting supervisor; or 1. Notify his next-level manager; or 2. Notify another supervisor of equal rank/grade with similar responsibilities (e.g., 3. another patrol sergeant, another forensics supervisor). 110.4.2 AUTHORITY AND ACCOUNTABILITY Delegation of authority is essential to the good working order of any organization. (a) Employees shall exercise the responsibility and authority of the position to which they are assigned in accordance with the job specifications and work rules of that agreement. (b) Authority to complete a task shall be commensurate with the responsibility placed on employees by the supervisor. Supervisors are ultimately responsible for the action of themselves and their subordinates; (c) supervisors who delegate tasks to subordinate employees are ultimately accountable for ensuring the task is completed. (d) Employees shall be held accountable for their use, or failure to use, their delegated authority. 110.4.3 OBEDIENCE TO ORDERS The Department is an organization with a clearly defined hierarchy of authority. This is necessary because obedience of a superior's lawful command is essential for the safe and prompt performance of law enforcement operations. This section also applies to orders received by an employee in the field training program from a Field Training Officer (FTO). Orders from a supervisor to a subordinate will be in clear and understandable language, (a) civil in tone, and issued pursuant to departmental business. Employees will not publicly criticize nor comment derogatorily to anyone about instructions (b) or orders they have received from a supervisor. (c) Employees will promptly obey any lawful order from a supervisor of higher rank, regardless if the supervisor is outside of the employees' chain-of-command. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 27 7/20/2017 Policy Manual 2017-1.5 Issued APD

28 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Organizational Structure and Responsibility Employees will obey any lawful order from a supervisor even if the order is relayed 1. through an employee of a lower rank. (d) Employees who are given an otherwise proper order which appears to be in conflict with an existing policy or previous order will respectfully inform the supervisor issuing the order of the conflict. 1. If the supervisor issuing the order does not alter or retract the conflicting order, the order will stand. 2. The supervisor issuing the conflicting order will be responsible for the consequences, if any, of the conflicting order. (e) Employees who are given an order which they believe violates a provision of a Meet and Confer Agreement, constitutes a safety hazard, or is in some other way improper, will respectfully inform the supervisor issuing the order of such belief. 1. If the supervisor does not alter or retract the order, the order will stand and will be obeyed. 2. The employee may initiate a formal grievance to seek redress. (f) Unlawful orders are prohibited. 1. Supervisors will not knowingly or willfully issue any order which is a violation of any law. 2. Employees will not obey an order that is a violation of any law. Responsibility for refusal to obey rests with the employee and he will be (a) strictly required to justify the action. Obedience to an unlawful order is not considered a defense for an unlawful (b) action. 3. If in doubt as to the legality of an order, employees will either request clarification of the order or confer with higher authority. (a) An employee receiving an unlawful order will notify the issuing supervisor that compliance with the order, as issued, is unlawful. (b) If the supervisor does not rescind the order, the employee will request the presence of the next-level supervisor in the chain-of-command. The supervisor will contact the next-level supervisor and request his presence (c) at the scene. 4. An employee receiving an unlawful order will report that fact in writing to the Chief by memorandum through the next-level supervisor in the chain-of-command as soon as practicable. The memorandum will contain the facts of the incident and the actions taken. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 28 APD Policy Manual 2017-1.5 Issued 7/20/2017

29 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Organizational Structure and Responsibility 110.4.4 INSUBORDINATION Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is considered insubordination whether done in or out of the supervisor's presence Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Austin Police Department 29 APD Policy Manual 2017-1.5 Issued 7/20/2017

30 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 111 APD Standing Committees 111.1 PURPOSE AND SCOPE The policy sets forth the established standing committees of the Department. 111.2 STANDING COMMITTEES AND BOARDS The following standing committees and boards exist within the Department. A list of the committee members will be maintained on the APD Main SharePoint Site in the Committee folder: (a) Awards Committee (b) Budget Committee (c) Chaplain Advisory Committee (d) Fleet and Equipment Committee (e) Force Review Board (f) Funeral Committee (g) Homeland Security Committee (h) Policy Review Committee (i) Training Curriculum Taser Review Committee (North and South) (j) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. APD Standing Committees - 30 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

31 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 114 Administrative Communications 114.1 PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies. 114.2 PERSONNEL DIRECTIVES Personnel Directives may be issued periodically by the Chief of Police to announce and document all promotions, transfers, hiring of new personnel, separations, individual and group awards and commendations or other changes in status. 114.3 DEPARTMENT CORRESPONDENCE All Department correspondence must be delivered though the sender's chain-of-command and cannot be stopped by anyone until it reaches the addressee. Employees will use the appropriate Department memorandum or form when composing and submitting Department correspondence. 114.3.1 INTERNAL CORRESPONDENCE Internal correspondence consists of correspondence from a Department employee to another employee or group within the Department (e.g., memorandum, PRF). Employees will use the appropriate Department memorandum or form when submitting internal correspondence. Internal correspondence should be submitted electronically in order to conserve physical (a) resources and to provide an electronic record or history of the document, when practicable. 1. Correspondence that requires the sender's signature should be submitted on paper; however, correspondence that requires only the addressee's signature can be submitted electronically. 2. Correspondence that is submitted on paper but could otherwise be submitted electronically (e.g., memoranda) must be initialed or signed by the sender and each recipient. 3. Internal memoranda will not be altered by any recipient within the chain-of-command although individual notes may be added or attached. (b) Correspondence forwarded through the chain-of-command shall be delivered to the addressee within a reasonable time of initial receipt. Employees may request a reply from the addressee to address the issue or confirm receipt (c) of the correspondence; however, the addressee is not required to provide one unless the request is from a designee of the Chief (e.g., IA, SIU) or from a supervisor of a higher rank. Employees who do not receive a requested response from an addressee within a 1. reasonable amount of time may go to each level in their chain-of-command, starting with their immediate supervisor and up to the addressee, in order to confirm that the correspondence was received. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Administrative Communications - 31 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

32 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Administrative Communications 114.3.2 EXTERNAL CORRESPONDENCE External correspondence consists of correspondence from a Department employee to a person or group outside the Department. (a) External correspondence will be written on Department letterhead. (b) In order to ensure that letterhead and name of the Department are not misused, Department letterhead shall only be used for official business and with the approval of the appropriate commander. 114.4 SURVEYS Surveys made in the name of the Department require authorization from the Chief of Police or designee. Surveys made for internal purposes should be approved by the appropriate supervisor. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Administrative Communications - 32 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

33 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 115 Forms Control 115.1 PURPOSE AND SCOPE This policy establishes directives over the development, modification, review, and approval of APD forms to ensure accountability. This directive does not apply to forms supplied by other agencies and used by Department employees. 115.2 FORMS CONTROL The Inspections Unit is responsible for the coordination of forms development and control process. The Inspections Unit will conduct an annual review of APD forms to ensure: (a) 1. Each APD form is assigned an appropriate APD form number. 2. Information on Department forms is not duplicated. 3. New and modified forms include the functions the form will be used for. The format is consistent with the records maintenance and data-processing 4. requirements of the Department. The master roster of all APD forms is updated. 5. 115.2.1 DEVELOPMENT, MODIFICATION, REVIEW, AND APPROVAL OF DEPARTMENT FORMS Requests for the development, modification, or review of any APD form will be made by memorandum through the chain-of-command to the employee's commander/manager. (a) The memorandum should contain: 1. Purpose of the development, modification, or review of the form; and Effect on other Department written directives; and 2. Department areas that use or will use the form. 3. Commanders/managers will make a recommendation regarding the request. If the request (b) is approved, forward it to the forms control coordinator in the Inspections Unit. The Chief or designee will approve any APD form prior to use. (c) 115.2.2 REPRODUCTION OF EXISTING FORMS No blank APD forms will be reproduced without the APD form number printed on the document. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Forms Control - 33 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

34 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 116 Security and Release of Records and Information 116.1 PURPOSE AND SCOPE The purpose of this section is to establish a comprehensive reference and procedure for the maintenance and release of department reports and records in accordance with applicable law and in compliance with the Meet and Confer Agreement. This policy does not prevent the Department from voluntarily making part or all of specific information available to the public, unless disclosure is expressly prohibited by law or the information is confidential under law (Tex. Gov't Code § 552.007; Local Gov't Code § 143.089). 116.2 PUBLIC REQUESTS FOR RECORDS Records created by this agency are subject to inspection and release to the public unless otherwise expressly exempt from public disclosure by statute or judicial order (Tex. Gov't Code § 552.001). Public requests for records of this department shall be processed in accordance with Texas Government Code, Chapter 552, regarding public information and this policy. The Department shall prominently display a sign that contains the basic rights of a person who requests public information, the responsibilities of the Department and the procedures, including fees, for inspecting or obtaining copies of records (Tex. Gov't Code § 552.205). The Tex. Gov't Code § 552.001 provides that records created by a public agency shall be subject to inspection and release pursuant to request, except pursuant to exemptions set forth in Chapter 552 of the Texas Government Code or otherwise established by statute or judicial order. Public requests for records of this department shall be processed as follows: 116.2.1 PROCESSING OF REQUESTS Any member of the public, including the media, may request access to unrestricted records of this department by submitting a separate written request for each individual and specifically identified record sought to an authorized employee during normal business hours (Tex. Gov't Code § 552.021). Requests shall be completed as soon as possible under the specific circumstances of the request (Tex. Gov't Code § 552.221). The City of Austin has designated certain addresses to receive requests for public information sent by electronic mail. For requests seeking records held by the Department, the address is: [email protected] A citizen’s request will not be considered received unless it is sent to the proper email address. The processing of requests is subject to these limitations: (a) The authorized receiving employee shall determine if the requested record is available and/ or subject to any exemption from disclosure. (b) The requesting party may be required to pay in advance any established fee for each record sought depending on the volume of the request (Tex. Gov't Code § 552.261). The Department Legal Advisor will be advised of this information and will process the cost letter. Security and Release of Records and Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Information - 34 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

35 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Security and Release of Records and Information (c) The Department shall not be required to create records which do not otherwise exist; however, existing records may be copied in such a manner as to provide the requesting party with unrestricted portions of any record. 116.2.2 RECEIPT OF PUBLIC INFORMATION (OPEN RECORDS) REQUESTS The City of Austin has designated certain addresses to receive requests for public information sent by electronic mail. For requests seeking records held by the Department, the address is: [email protected] A citizen’s request will not be considered received unless it is sent to the proper email address. If a Department employee receives a request for public information by electronic mail, the employee shall respond with this message: “Pursuant to Section 552.301(c) of the Government Code, the City of Austin has designated certain addresses to receive requests for public information sent by electronic mail. For requests seeking records held by the Austin Police Department, the address is: [email protected] For requests seeking records held by any other City Department, the address is: [email protected] Your request will NOT be considered received unless it is sent to the proper address.” Once this message has been communicated to the requestor, no further response is required. Notwithstanding the designation by the City of a single email address that must be used to send emailed requests for department records, a member of the public may submit a written request by U.S. Postal Service to any department employee at any department mailing address, and a request may be sent to any department fax number. The Public Information Act requires governmental bodies to respond promptly to written requests for information. "Promptly" means as soon as possible under the circumstances and without unreasonable delay. Failure to comply with the Act may result in the mandatory release of information that otherwise could have been withheld. The statute also contains civil and criminal penalties for intentional violations. (a) Upon receipt of a written request for information received by mail, fax, or hand delivery, employees should contact the Open Records Supervisor in Central Records. Public and/or media requesting information not contained in the public portion of police reports may file an open records request with the Department. Media requests and requests from students will be forwarded to the Department’s Public Information Office. (b) With the exception of booking photos, employees shall not release information that has not gone through the open records precess and is cleared through the Department Open Records Supervisor or Department Legal Advisor. (c) After reviewing the request and the information being requested, the Open Records Supervisor will decide whether the information should be released or will be denied due to exemptions outlined by the Attorney General. The Open Records Supervisor, or their designee, will notify the requestor of the denial. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Security and Release of Records and Published with permission by Austin Police Department Information - 35 7/20/2017 Policy Manual 2017-1.5 Issued APD

36 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Security and Release of Records and Information (d) If an Attorney General’s ruling is requested within 61 days of response to an open records request, the Open Records Supervisor, or their designee, will notify the Department Legal Advisor in order to request a ruling. 116.3 REPORT RELEASE RESTRICTIONS Absent a valid court order or other statutory authority, records and/or unrestricted portions of such records of this department shall be made public subject to the following restrictions. 116.3.1 GENERAL CASE AND CRIME REPORTS Certain information pertaining to any of the items listed below will not be released unless authorized by the Department Legal Advisor: (a) - Victims of crimes who have requested that their identifying information Victim Information be kept confidential (Tex. Code Crim. Pro. art. 57.02), victims who are minors and victims of certain offenses shall not be made public. It is a misdemeanor to release confidential victim information to unauthorized persons (Tex. Code Crim. Pro. art. 57.03). (b) - Information involving confidential informants, intelligence Confidential Information information, information that would endanger the safety of any person involved or information that would endanger the successful completion of the investigation or a related investigation shall not be made public (Tex. Gov't Code § 552.108). 1. Analysis and conclusions of investigating officers may also be exempted from disclosure. 2. If it has been noted in any report that any individual wishes to protect his right to privacy under the Texas Constitution, such information may not be subject to public disclosure. 3. Information on the actual identity of any victim who has filed a pseudonym form (Tex. Code of Crim. Pro. §§ 57.02 and 57B.02). (c) - Certain types of reports involving, but not limited to, child abuse/neglect Specific Crimes (Tex. Fam. Code § 261.201), minors and juveniles (Tex. Gov't Code § 552.148 and Tex. Fam. Code § 58.106) and elder abuse Tex. Hum. Res. Code § 40.005) shall not be made public. Certain individuals may be allowed redacted copies of child abuse or neglect reports; these records may be released only in accordance with Family Code § 261.201(k) and (l). (d) General Information - Absent statutory exemption to the contrary or other lawful reason to deem information from reports confidential, information from unrestricted agency reports shall be made public as outlined in Tex. Gov't Code § 552. 116.3.2 ARREST REPORTS Arrestee information shall be subject to release in the same manner as information contained in other reports as set forth above. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Security and Release of Records and Published with permission by Austin Police Department Information - 36 APD Policy Manual 2017-1.5 Issued 7/20/2017

37 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Security and Release of Records and Information In addition to the restrictions stated above, all requests from criminal defendants and their authorized representatives, including attorneys, shall be subject to release as prescribed by law. Local criminal history information including, but not limited to, arrest history and disposition, fingerprints and booking photos shall only be subject to release to those agencies and individuals as prescribed by law. 116.3.3 TRAFFIC CRASH REPORTS (CR-3) Traffic crash reports and related supplemental reports are privileged and for the confidential use of only those identified by law. Employees shall not release traffic crash reports without the legal authority to do so. Authorized persons are identified under the Texas Transportation Code and HB 2633. 116.3.4 PERSONNEL RECORDS Personnel records, medical records and similar records which would involve personal privacy shall not be made public (Local Gov't Code § 143.089). Requests for peace officer personnel records are deemed confidential and shall not be made public or otherwise released to unauthorized individuals or entities absent a valid court order. Requests for such personnel records shall be forwarded to the City’s Human Resources Department (Civil Service). If the requestor wishes to receive a copy of the Department’s personnel records (g file), the request will be forwarded to the Department Legal Advisor. 116.3.5 INTERNAL AFFAIRS FILES Subpoenas for documents or items from files maintained by Internal Affairs (IA) will be directed to the IA commander or lieutenant. No documents or items will be released pursuant to a subpoena without authorization from the Department Legal Advisor. (a) Any open records request for IA files will be referred to the Department Legal Advisor. 1. When IA is notified that an open records request has been received for a particular file, IA personnel will review the file and forward to the Department Legal Advisor for redactions to be completed. 2. The Department Legal Advisor will be consulted before any file is released in relation to an open records request to ensure that any necessary redactions have been completed. 3. If the request is submitted through the Civil Service Commission, the original redacted case file will be transferred to the Commission as soon as possible to ensure compliance with the statutory deadline for responding to the open records request (10 business days or less). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Security and Release of Records and Published with permission by Austin Police Department Information - 37 7/20/2017 Policy Manual 2017-1.5 Issued APD

38 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Security and Release of Records and Information 116.3.6 DMAV Pursuant to House Bill 3791, the Department is required to release to a person (or their designee) stopped or arrested on suspicion of DWI, a copy of any video of the stop, arrest, field sobriety tests, and all other interactions with the officer. 116.3.7 BODY WORN CAMERA VIDEO Chapter 1701 of the Occupations Code outlines the requirements for releasing information recorded by body worn cameras including recordings as evidence. An officer or other employee commits an offense (Class A Misdemeanor) if the officer or employee releases a recording created with a body worn camera without the permission of the department. (a) Recordings as evidence 1. Except as provided by Subsection (b), a recording created with a body worn camera and documenting an incident that involves the use of deadly force by a peace officer or that is otherwise related to an administrative or criminal investigation of an officer may not be deleted, destroyed, or released to the public until all criminal matters have been finally adjudicated and the longest retention period has been met. 2. The department may release to the public a recording described by Subsection (a) if the Chief of Police or his designee determines that the release furthers a law enforcement purpose. (b) Release of information recorded by body worn camera 1. When submitting a request for BWC video, a member of the public is required to provide the following information: The date and approximate time of the recording; (a) The specific location where the recording occurred; and (b) The name of one or more persons known to be a subject of the recording. (c) 2. A failure to provide all of the information required by Subsection (a) to be part of a request for recorded information does not preclude the requestor from making a future request for the same recorded information. 3. The department may not release any portion of a recording made in a private space, or of a recording involving the investigation of conduct that constitutes a misdemeanor punishable by fine only and does not result in arrest, without written authorization from the person who is the subject of that portion of the recording or, if the person is deceased, from the person's authorized representative. 4. A BWC recording is confidential and may not be released to the public if the recording was not required to be made under department policy and does not relate to a law enforcement purpose. 116.4 OTHER RECORDS Any other record not addressed in this policy shall not be subject to release where such record is exempted or prohibited from disclosure pursuant to state or federal law, including, but not limited to provisions of the Evidence Code relating to privilege. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Security and Release of Records and Published with permission by Austin Police Department Information - 38 APD Policy Manual 2017-1.5 Issued 7/20/2017

39 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Security and Release of Records and Information Any record which was created exclusively in anticipation of potential litigation involving this department shall not be subject to public disclosure unless authorized by the Department Legal Advisor (Tex. Gov't Code § 552.111 and 552.103). 116.4.1 PERSONAL IDENTIFYING INFORMATION Employees shall not access, use or disclose personal identifying information, including an individual's photograph (except booking photo), social security number, driver identification number or identification card number, type driver’s license, expiration date, driving restrictions and/or endorsements, state of issue, email address, date of birth and the individual's medical or disability information, which is contained in any driver license record, motor vehicle record or any department record except as authorized by the Department and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721 and 18 USC § 2722). Motor vehicle records will be reviewed to redact license plate number, VIN, state of issuance, registered owner, owner address, lienholder information, issue date, expiration date, and insurance policy number. The only exception is when an individual is requesting their own personal information. 116.5 SUBPOENA DUCES TECUM When a Department employee is personally served with a subpoena duces tecum: Any subpoena duces tecum or discovery request should be promptly provided to a supervisor for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information. All questions regarding compliance with any subpoena duces tecum should be promptly referred to the Department Legal Advisor so that a timely response can be prepared. When a subpoena duces tecum is received in the Open Records Unit, the Subpoena will be logged in and promptly reviewed and processed. All questions regarding compliance with any subpoena duces tecum shall be promptly referred to the Department Legal Advisor. 116.6 RELEASED RECORDS TO BE DOCUMENTED Release of records by a Department employee who was personally served pursuant to a subpoena duces tecum shall be documented by: (a) Hard Copies, CD, or Flash Drive: Release form (PD0212) identifying the individual to whom the records were released 1. and who released the records shall be attached to a cover letter listing all records released. Email of records: (b) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Security and Release of Records and Published with permission by Austin Police Department 39 Information - 7/20/2017 Policy Manual 2017-1.5 Issued APD

40 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Security and Release of Records and Information 1. Release form (PD0212) shall be completed with an attached a copy of the email detailing to whom the records are being released and a listing all records released. 116.7 PRIVACY AND SECURITY OF RECORDS Austin Police Department employees shall not access, view, distribute, or allow anyone else to access, view, or distribute any hard copy or electronic record, file, or report, except in accordance with Department policy and with a legitimate law enforcement or business purpose, or as otherwise permissible by law. All reports including, but not limited to, initial, supplemental, follow-up, evidence and property reports, shall be maintained in a secure manner accessible only to authorized personnel. 116.8 RECORDS RETENTION All records will be maintained in accordance with City Code Chapter 2-11 Records Management. A copy of department retention schedules may be obtained by contacting the Department Records Analyst or the Office of the City Clerk. They are also maintained at http://coaspweb1/sites/wiki/OCC/Lists/Approved%20Records%20Control %20Schedules/Austin%20Police%20Department.aspx No employee shall dispose of any record maintained by this department without proper authorization from the Records Administrator or Records Analyst. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Security and Release of Records and Published with permission by Austin Police Department Information - 40 APD Policy Manual 2017-1.5 Issued 7/20/2017

41 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 118 Criminal History Record Information 118.1 PURPOSE AND SCOPE This policy provides guidelines for the release of Criminal History Record Information (CHRI), security of that information and persons authorized to release and receive that information (Tex. Gov't Code §§ 411.082, 411.085, 411.087 and 411.089). 118.2 AUTHORITY This policy is established pursuant to the mandates under Texas Government Code for the Department of Public Safety to maintain, control, disseminate the information and determine who has access to CHRI. 118.3 DEFINITIONS (CHRI) - Information collected about a person by a criminal Criminal History Record Information justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, informations and other formal criminal charges and their dispositions (Tex. Gov't Code § 411.082(2)). Is a federal or state agency that is engaged in the administration of Criminal Justice Agency - criminal justice under a statute or executive order and that allocates a substantial portion of its annual budget to the administration of criminal justice, or a non-governmental railroad or campus police department that has obtained an originating agency identifier from the FBI (Tex. Gov't Code § 411.082(3)). Criminal Justice Purpose - An activity that is included in the administration of criminal justice, or screening of applicants for employment with a criminal justice agency (Tex. Gov't Code § 411.082(4)). Authorized Recipient - Any person or agency authorized by court order, statute or case law to receive CHRI. 118.4 AUTHORIZED RECIPIENTS OF CHRI The Department is entitled to receive CHRI from the Texas Department of Public Safety (Tex. Gov't. Code § 411.089). CHRI may only be released to authorized recipients. All law enforcement personnel with proper identification are authorized recipients. CHRI may be obtained by authorized recipients for criminal justice purposes only. The information may be disseminated via radio devices when needed and if necessary to another criminal justice agency for a criminal justice purpose (Tex. Gov't. Code § 411.089). 118.4.1 TERMINAL AGENCY COORDINATOR (TAC) The Police Technology Lieutenant is the designated Terminal Agency Coordinator (TAC) for the Austin Police Department. The TAC is responsible for ensuring compliance with this procedure Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 41 Criminal History Record Information - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

42 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Criminal History Record Information and with applicable records security regulations and requirements imposed by federal and state law, as well as resolving specific questions that arise regarding authorized recipients of CHRI. 118.4.2 RELEASE OF CHRI Only the persons listed below are authorized to release CHRI. Each authorized person releasing CHRI is responsible to ensure that each request granted appears legitimate and that the requester is an authorized recipient. Terminal Agency Coordinator. (a) All Communications Center personnel. (b) All sworn law enforcement personnel. (c) (d) Personnel specifically designated by the TAC and trained to receive CHRI information. 118.4.3 RELEASE OF CHRI TO FIELD PERSONNEL CHRI shall not generally be transmitted by radio, cell phone, or through computer terminals to field personnel or vehicles except in cases where circumstances reasonably indicate that the immediate safety of the officer or the public are at significant risk. Examples of situations where the transmission of summary criminal history information would be justified include a hostage situation or an armed suspect; a routine investigation or traffic enforcement stop would not be sufficient justification. Personnel shall not have access to CHRI until a background investigation has been (a) completed and approved. (b) Nothing in this procedure is intended to prohibit broadcasting warrant information concerning wanted persons. 118.4.4 POLICE CADETS Police cadets are authorized access to criminal history information when under the direct supervision of a Field Training Officer. 118.5 JUVENILE RECORDS Nothing in this procedure is intended to alter existing statutes, case law or the policies and orders of both the county's juvenile board and the designated juvenile court regarding the release of juvenile offender records. Juvenile records and information are confidential and may only be disclosed pursuant to Tex. Fam. Code § 58.005. 118.6 REVIEW OF CRIMINAL OFFENDER RECORD The Texas Department of Public Safety provides the authority and procedure whereby an individual may review his own criminal history record (Tex. Gov't Code 411.135). An individual seeking to review his arrest or conviction record should be directed to contact http:// the Texas Department of Public Safety. The requirements and fees can be found at . www.txdps.state.tx.us Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 42 Criminal History Record Information - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

43 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Criminal History Record Information 118.7 COMPUTER ACCESS AND DESTRUCTION OF CHRI 118.7.1 CHRI COMPUTER TERMINAL SECURITY OMNIXX Computer terminals capable of providing access to automated CHRI are located at various locations throughout the Department. (a) No employee shall be authorized to operate computer terminal equipment with access to CHRI until the operator has completed the appropriate training. 118.7.2 DESTRUCTION OF CHRI Employees are responsible for destroying CHRI documents they receive once the document has served the purpose for which it was obtained. Documents shall be destroyed by shredding. 118.8 CERTIFICATION REQUIREMENT All personnel authorized to process, view and/or release CHRI shall be required to maintain certification as required by the Texas Department of Public Safety. 118.9 PENALTIES FOR MISUSE OF RECORDS The Tex. Gov't Code § 411.085 makes it a Class B misdemeanor to obtain CHRI in an unauthorized manner, to use the information for an unauthorized purpose, to disclose the information to a person who is not entitled to the information or to provide a person with a copy of the person's criminal history record information or to violate any rule pertaining to CHRI adopted by Department of Public Safety under state law. In addition, Tex. Gov't. Code § 411.085 makes it a second degree felony if the CHRI is obtained, used or disclosed for remuneration or the promise of remuneration. The following violations may also result in administrative penalties: (a) Divulging the content of any criminal record to anyone other than authorized personnel. Obtaining or attempting to obtain information from department files other than that to which (b) an employee is entitled in accordance with his official duties. 118.10 EXPUNCTION OF FILES For the purposes of this section, "expunge" means to remove all data or materials relating to a particular arrest from all files in such a manner that there is no indication that such data or materials ever existed or have been removed. Expunction is done by physically destroying such data or materials, or by sending all such (a) material to District Court pursuant to a court order. Expunction of files will be done in compliance with Chapter 55 of the Code of Criminal Procedure and will include any record(s), arrest and identification files from any section which would have such files. Expunction procedures may relate to: (b) 1. Arrest records which are indexed, accessed, and filed by individual name, and which are retrieved by reference to name (such as "rap sheets"). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Criminal History Record Information - 43 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

44 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Criminal History Record Information Any data or materials identifying an individual, such as fingerprints, fingerprint 2. classifications, photographs, or other items contained in an information system that are accessible by name, and which indicate any arrest or criminal offender information including, but not limited to, that contained in: Arrest index cards (Identification). (a) Computer data banks known offender files. (b) 118.10.1 EXPUNCTION REQUESTS (a) The APD legal advisor is designated as the recipient of requests for expunction. Any employee receiving a request for expunction of Department records shall immediately hand deliver the request to the legal advisor. (b) The Identification Unit and Central Records Unit are the authorized coordinating bodies for implementing expunction procedures as ordered by the court. All Department personnel will provide assistance and support to the Identification 1. Section and Central Records Section in order to ensure compliance with this policy. 2. The Identification and Central Records managers or designees are responsible for returning all expunged records and files to the legal advisor in a timely manner. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Criminal History Record Information - 44 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

45 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 123 Inspections 123.1 PURPOSE AND SCOPE The inspection process compares Departmental formal expectations with actual performance. This process is an essential mechanism for evaluating the quality of departmental operations; ensuring that the Departmental goals are being pursued; identifying the need for additional resources; and ensuring control is maintained throughout the Department. 123.1.1 TYPES OF INSPECTIONS DEFINED Staff Inspection, An inspection performed by the Inspections Unit that generally focuses (a) on agency procedures to promote an objective review of departmental administrative and operational activities, facilities, property, equipment, and personnel outside the normal supervisory and/or line inspection Line Inspection, An inspection performed at frequent intervals by line supervisors to (b) ensure that departmental employees are adhering to established policies and procedures. Examples are: Personal appearance (dress and groom), 1. 2. Use and maintenance of equipment, 3. Driver's License, or 4. Weapon. 123.1.2 INSPECTION FREQUENCY AND RESPONSIBILITY (a) Staff Inspections are conducted by the Inspections Unit as directed by the Chief of Police or his designee. Specific responsibilities of the Inspection Unit are outlined in the Risk Management SOP. (b) Line Inspections are conducted by supervisors in accordance with: 1. Chapter 3, Field Operations, Custody, and Traffic Enforcement Guidelines, Chapter 5, Field Support Operations, and 2. Chapter 8, Equipment Policies. 3. 123.1.3 COMPLIANCE REQUIRED The Inspection Unit acts under direct authority of the Chief of Police and compliance with a Staff Inspection is required. The Chief will receive an inspection report containing the recommendation(s) of the (a) Inspections Unit. The report will contain the responses to those recommendations by the affected Commander(s). The Chief has final approval and/or appropriate disposition of the recommendations. (b) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 45 Inspections - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

46 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Inspections (c) Employees designated by the Chief, or his designee, with the responsibility for implementation, additional research and/or follow-up of the final recommendations shall adhere to the Chief's designated timeline Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Inspections - 46 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

47 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 124 Watch Lieutenant 124.1 PURPOSE AND SCOPE The Watch Lieutenant (WL) is a lieutenant that assists CTECC in matters which may require management level decisions. 124.2 WATCH LIEUTENANT RESPONSIBILITIES The WL is entrusted with the responsibility, among many others, to maintain efficient department operations at all times but especially during those situations that place stresses on critical department resources. This important task is one that separates the WL function from other lieutenant positions. (a) The WL may be called upon to move personnel resources within and amongst divisions. At times the WL's decision regarding movement of those resources may be counter to the (b) wishes of the lieutenant in direct command. It is understood that the authority of the WL supersedes that of his or her peers during those emergency situations. (c) Specific responsibilities of the WL are outlined in the Watch Lieutenant SOP. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 47 Watch Lieutenant - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

48 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 127 Meet and Confer 127.1 PURPOSE AND SCOPE Chapter 143 of the Texas Local Government Code allows the City of Austin to adopt a collective bargaining process called "Meet and Confer." This process allows the City and the Department to negotiate and enter into a written agreement with the labor organization representing sworn employees concerning wages, work hours and other terms of employment. The written agreement is known as the "Meet and Confer Agreement." 127.2 MEET AND CONFER NEGOTIATIONS PROCESS Under the City Charter and City-HR policies, the City Manager has overall responsibility for negotiating and administering contracts for the City, and shall manage the City's participation in the Meet and Confer process. The Chief is responsible for managing the Department's participation in the process. The City Manager and the Chief will conduct Meet and Confer negotiations jointly. (a) City Bargaining Team 1. The City Manager and the Chief will designate the members of the City bargaining team serving as the City's sole and exclusive bargaining agent. (b) Sworn Employee Bargaining Team The Austin Police Association (APA) is a labor organization that is currently 1. designated by a majority of the sworn employees as their bargaining unit for the Meet and Confer negotiation. The City will only participate in negotiations with the APA. 2. The APA may request information from the Department or City that is relevant to the negotiation or administration of the contract agreement. Any such requests shall be made by the APA's primary negotiator and submitted to the City bargaining team. (c) The City and sworn employee bargaining teams shall negotiate in good faith and establish ground rules to govern the bargaining process. 127.3 MANAGEMENT OF MEET AND CONFER AGREEMENT The City will abide, in both letter and spirit, to a negotiated labor agreement that has been (a) signed by City Management, approved by a majority of the City Council, and ratified by a majority of the APA voting membership. Subsequent to ratification of the agreement by all parties, the City Manager and Department (b) shall review and amend all written directives to coincide with the terms of the Meet and Confer agreement. (c) APD will disseminate any information relative to the new Meet and Confer Agreement to the supervisors of bargaining team personnel. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Meet and Confer - 48 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

49 Manual 7/20/2017 Issued 2017-1.5 Policy APD Austin Police Department Policy Manual Chapter 2 - Response to Resistance and Pursuit Policies Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance and Pursuit Policies - Published with permission by Austin Police Department 49 APD Policy Manual 2017-1.5 Issued 7/20/2017

50 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 200 Response to Resistance 200.1 PURPOSE AND SCOPE This policy recognizes that the use of force in response to resistance by law enforcement requires constant evaluation and that response to resistance is a serious responsibility. The purpose of this policy is to provide officers with guidelines on objectively reasonable response to resistance. While there is no way to specify the exact amount or type of objectively reasonable force to be applied in any situation, each officer is expected to use these guidelines to make such decisions in a professional, impartial, and objectively reasonable manner. This policy is written in terms to apply to sworn officers. In incidents where civilian employees are authorized to use force, they are subject to the same policies and procedures as officers but the test of objective reasonableness is judged from the perspective of an objectively reasonable civilian employee. 200.1.1 PHILOSOPHY The use of force by law enforcement personnel is a matter of critical concern both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied human encounters and when warranted, may exercise control over another in carrying out their duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. It is also understood that vesting officers with the authority to use lawful and objectively reasonable force and to protect the public welfare requires a careful balancing of all human interests. 200.1.2 DEFINITIONS - Physical pain, illness or any impairment of physical condition (Tex. Penal Code Bodily Injury § 1.07(8)). Deadly Force - Force that is intended or known by the officer to cause, or in the manner of its use or intended use is known to be capable of causing death or serious bodily injury (Tex. Penal Code § 9.01(3)). - Any physical contact with a subject by an officer using the body or any object, device, or Force weapon, not including unresisted escorting or handcuffing a subject. - Any application of force other than deadly force. Non-Deadly Force Objectively Reasonable - An objective standard viewed from the perspective of a reasonable officer on the scene, without the benefit of 20/20 hindsight, and within the limitations of the totality of the circumstances presented at the time of the incident. Serious Bodily Injury - Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ (Tex. Penal Code § 1.07(46)). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 50 Response to Resistance - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

51 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance - Using techniques to stabilize the situation and reduce the immediacy of the De-escalation threat, so that more options and resources are available to bring about a successful resolution to an encounter with a non-compliant subject. The goal of de-escalation is to gain the voluntary compliance of subjects, when feasible, thereby eliminating the need to use force in response to resistance. - Communicative or other actions used by officers, when safe, and De-escalation Techniques without compromising law-enforcement priorities, that are designed to increase the likelihood of gaining voluntary compliance from a non-compliant subject, and reduce the likelihood of using force in response to resistance. 200.1.3 DUTY TO INTERCEDE Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of such excessive force. Such officers should also promptly report these observations to a supervisor. 200.1.4 RESPONSE TO RESISTANCE RELATED POLICIES Policy 200 (Response to Resistance). (a) (b) Policy 202 (Firearm Discharge Situations). Policy 204 (Leg Restraint Guidelines). (c) (d) Policy 206 (Control Devices and Techniques). (e) Policy 208 (TASER® Guidelines). Policy 211 (Response to Resistance Inquiry, Reporting and Review). (f) (g) Policy 212 (Force Review Board). 200.2 RESPONSE TO RESISTANCE POLICY While the type and extent of force may vary, it is the policy of this department that officers use only that amount of objectively reasonable force which appears necessary under the circumstances to successfully accomplish the legitimate law enforcement purpose in accordance with this policy. Given that no policy can realistically predict every situation an officer might encounter, it is (a) recognized that each officer must be entrusted with well-reasoned discretion in determining the appropriate response to resistance in each incident. (b) Circumstances may arise in which officers reasonably believe that it would be impracticable or ineffective to use any of the standard tools, weapons, or methods provided by the Department. Officers may find it more effective or practicable to improvise their response to rapidly unfolding conditions they are confronting. In such circumstances, the use of any improvised device or method must still be objectively reasonable and used only to the extent which reasonably appears necessary to accomplish a legitimate law enforcement purpose. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 51 Response to Resistance - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

52 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance While it is the ultimate objective of every law enforcement encounter to minimize injury to (c) everyone involved, nothing in this policy requires an officer to actually sustain physical injury before applying objectively reasonable force. Any complaint by a subject that an officer caused pain or injury shall be treated as a (d) response to resistance force incident, except complaints of minor discomfort from unresisted handcuffing. 200.2.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE Any interpretation of objective reasonableness about the amount of force that reasonably appears to be necessary in a particular situation must allow for the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving, and the amount of time available to evaluate and respond to changing circumstances may influence their decisions. The question is whether the officer's actions are "objectively reasonable" in light of the facts and circumstances confronting him. (a) When determining whether to apply any level of force and evaluating whether an officer has used objectively reasonable force, a number of factors should be taken into consideration. These factors include, but are not limited to: The conduct of the individual being confronted as reasonably perceived by the officer 1. at the time. 2. Officer/subject factors such as age, size, relative strength, skill level, injury/level of exhaustion and number of officers vs. subjects. 3. Influence of drugs/alcohol or mental capacity. Proximity of weapons. 4. 5. The degree to which the subject has been effectively restrained and his ability to resist despite being restrained. 6. Time and circumstances permitting, and the availability of other options (what resources are reasonably available to the officer under the circumstances). Seriousness of the suspected offense or reason for contact with the individual. 7. Training and experience of the officer. 8. 9. Potential for injury to citizens, officers and subjects. Risk of escape. 10. 11. Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. Other exigent circumstances. 12. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance - 52 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

53 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance 200.2.2 USE OF FORCE TO AFFECT A DETENTION, AN ARREST OR TO CONDUCT A SEARCH An officer is justified in using reasonable force when the officer reasonably believes the use of such force is immediately necessary (Tex. Penal Code § 9.51(a)): To make or assist in a detention or an arrest, or to conduct a search that the officer (a) reasonably believes is lawful. (b) To prevent or assist in preventing escape after an arrest, provided the officer reasonably believes the arrest or search is lawful. To make an arrest or conduct a search under a warrant that the officer reasonably believes (c) is valid. 200.2.3 NOTICE OF AUTHORITY AND IDENTITY If it is not already reasonably known by the subject to be searched or arrested, or it is not reasonably impracticable to do so, officers should make clear their intent to arrest or search and identify themselves as a peace officer before using force (Tex. Penal Code § 9.51(a)(2)). 200.3 DEADLY FORCE APPLICATIONS An officer has no duty to retreat and is only justified in using deadly force against another when and to the extent the officer reasonably believes the deadly force is immediately necessary to (Tex. Penal Code § 9.51(c) and (e)): (a) Protect himself or others from what he reasonably believes would be an imminent threat of death or serious bodily injury. Make an arrest or to prevent escape after arrest when the officer has probable cause to (b) believe that: The subject has committed or intends to commit an offense involving the infliction or 1. threatened infliction of serious bodily injury or death; or 2. The officer reasonably believes that there is an imminent or potential risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. 200.4 REPORTING THE RESPONSE TO RESISTANCE Any response to resistance by a member of this department shall be documented promptly, completely and accurately in an appropriate report as prescribed by Policy 211 (Response to Resistance Inquiry, Reporting, and Review). 200.4.1 NOTIFICATION TO SUPERVISORS Supervisor notification shall be made as soon as practicable following any force incident or allegation of use of force. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance - 53 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

54 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance 200.4.2 MEDICAL ATTENTION Prior to booking or release, medical assistance shall be obtained for any subject who has sustained visible injury, expressed a complaint of injury or continuing pain or who has been rendered unconscious. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. A subject who exhibits extreme agitation, violent irrational behavior accompanied by profuse sweating, public disrobing, extraordinary strength beyond their physical characteristics and a high resistance to pain (sometimes called "Excited Delirium Syndrome (ExDS)"), or who requires a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death and shall be examined by qualified medical personnel as soon as the symptoms are recognized. Any individual exhibiting signs of distress after such an encounter shall be medically cleared prior to booking. If any individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible. 200.4.3 ASSISTING MEDICAL PROFESSIONALS (a) An officer who restrains a patient to assist medical personnel, with an amount of force which does not rise above the level of holding the patient down (e.g. arms, legs, foot, torso) is not required to report a Response to Resistance or notify their supervisor as outlined in APD Policies 211 and 200.4.1. 1. Medical personnel are: (a) Medical staff at a medical facility (e.g. Brackenridge, Austin State Hospital, Seton) (b) Licensed emergency medical technicians (EMT), phlebotomist, or other medical professional in performance of their official medical duties (b) If an officer uses a level of force greater than merely holding a limb or applying bodily weight on the patient, the officer will adhere to APD Policies 211 and 200.4.1 Response to Resistance by: 1. Notifying their supervisor, and 2. Completing an incident report including the title code 8400 Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 54 Response to Resistance - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

55 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 202 Firearm Discharge Situations 202.1 PURPOSE AND SCOPE The purpose of this policy is to establish procedures for the use and reporting of incidents involving the discharge of firearms. This policy is for internal use only and does not increase the Department's and/or an officer's civil or criminal liability in any way. Violations of this policy can only form the basis for departmental administrative actions. 202.1.1 POLICY It is the policy of this department to resort to the use of a firearm when it reasonably appears to be necessary under the circumstances. (a) An officer has no duty to retreat and is only justified in using deadly force against another when and to the extent the officer reasonably believes the deadly force is immediately necessary to (Tex. Penal Code § 9.51(c) and (e)): 1. Protect himself or others from what he reasonably believes would be an imminent threat of death or serious bodily injury. 2. Make an arrest or to prevent escape after arrest when the officer has probable cause to believe that: (a) The subject has committed or intends to commit an offense involving the infliction or threatened infliction of serious bodily injury or death; or (b) The officer reasonably believes that there is an imminent or potential risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. (b) To stop a dangerous and aggressive animal: 1. In circumstances where officers encounter any animal which reasonably appears, under the circumstances, to pose an imminent threat of bodily injury to officers or others, officers are authorized to use objectively reasonable force up to and including deadly force (when lesser means would be impractical) to neutralize the threat. 2. In circumstances in which officers have sufficient advanced notice that a potentially dangerous domestic animal (e.g., dog) may be encountered, such as in the serving of a search warrant, officers should develop reasonable contingency plans for dealing with the animal without the use of deadly force (e.g., fire extinguisher, TASER Device, oleoresin capsicum (OC) spray, assistance of animal control). Nothing in this policy shall prohibit any officer from resorting to deadly force to control a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impracticable. 3. In the event force is used against an animal by an officer and the animal is injured or there is a reasonable belief the animal was injured, regardless of whether visible Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 55 Firearm Discharge Situations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

56 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Firearm Discharge Situations injury exists, officers shall make a reasonable attempt to ensure the animal receives care for its' injuries. This may include but is not limited to: (a) Contacting the owner to arrange private treatment in an appropriate time frame. (b) Contacting Animal Control to have the animal collected and treated (c) Arranging transport of the animal to a veterinary facility (d) Transporting the animal to a veterinary facility With the approval of a supervisor, an officer may euthanize an animal that is so badly (c) injured that human compassion requires its removal from further suffering and where other dispositions are impracticable. For target practice or recreational shooting at an approved range or any area where firing (d) a weapon would be safe and not a violation of law. Where feasible, a warning should be given before an officer resorts to deadly force as outlined (a), (b) or (c) above. A specific warning that deadly force will be used is not required by this policy; only that a warning be given if feasible. 202.1.2 WARNING SHOTS Warning shots are prohibited. 202.1.3 MOVING VEHICLES Disabling a vehicle by use of a firearm will only be attempted by units specially trained in and equipped for this tactic and only under extraordinary circumstances. Officers who utilize a firearm against a vehicle or operator of a vehicle must meet the same standards established in 202.1.1 (a) above. (a) Officers shall exercise good judgment and will not place themselves in the path of a moving vehicle since doing so may increase the likelihood of having to resort to the use of deadly force. Unless it reasonably appears that it would endanger officers or the public, officers will move (b) out of the path of any approaching vehicle. (c) When encountering a vehicle being operated in a threatening manner, officers may leave a position of cover only: 1. to utilize an avenue of escape move to a position of better cover, or 2. 3. if the need to apprehend the suspect outweighs the danger that the apprehension would impose to the officer or any other person. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Firearm Discharge Situations - 56 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

57 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Firearm Discharge Situations This is not intended to restrict an officer's right to use deadly force directed at the operator (d) of a vehicle when it is reasonably perceived that the vehicle is being used as a weapon against the officer or others. 202.1.4 DISPLAY OF FIREARMS Firearms may be readied for use in situations where it is anticipated they may be required. Firearms shall not be displayed or pointed in a threatening or intimidating fashion unless it is objectively reasonable to believe there is a substantial risk that the situation may escalate to the point where deadly force would be permitted. Firearms shall be secured or re-holstered as soon as reasonably practicable when it is determined that deadly force is no longer necessary. 202.2 REPORT OF INTENTIONAL FIREARM DISCHARGE AGAINST A PERSON For any intentional firearm discharge against a person, regardless of whether the person is hit, the incident shall be handled as a Level 1 Force Incident and the employee shall comply with the reporting procedures prescribed in Policy 211 (Response to Resistance Inquiry, Reporting and Review). 202.3 REPORT OF INTENTIONAL FIREARM DISCHARGE AGAINST AN ANIMAL This section is written to cover the reporting procedures for the following situations: (a) The humane destruction of a seriously injured animal. (b) In defense against an attacking or dangerous animal. Any intentional firearm discharge which results in an injury to another person will be investigated by SIU (211.2.1). 202.3.1 REPORTING A FIREARM DISCHARGE FOR THE HUMANE DESTRUCTION OF A SERIOUSLY INJURED ANIMAL The following reporting guidelines shall be followed for the humane destruction of a seriously injured animal or an attacking or dangerous animal. (a) Employees who need to destroy a seriously injured animal for humane reasons shall first request approval from a supervisor. (b) Employees shall complete an incident report entitled Injured Animal Firearm Used (Title Code 3449-7). The incident report should detail the circumstances requiring the animal's destruction. The authorizing supervisor should be identified in this report. (c) Supervisors who approves the destruction shall: 1. Add a comment in the CAD call notating their notification and approval. 2. Send e-mail notifications with the incident report number prior to the end of the tour of duty to the: (a) Involved employee's chain of command up to the lieutenant. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Firearm Discharge Situations - 57 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

58 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Firearm Discharge Situations 3. Review the primary reporting employees' incident report and add a Versadex case note to the report to document they were notified, if they responded to the scene, and whether they have reviewed the incident (d) Each level of the chain-of-command, up to the lieutenant, shall review the incident and complete a case note to document their review. In the event the reviewing lieutenant identifies concerns with the destruction, he/she will notify the commander. (e) The chain-of-command shall determine what, if any, corrective action is needed. (f) Employees are not required to be placed on restricted duty. 202.3.2 REPORTING A FIREARM DISCHARGE AGAINST A DANGEROUS AND THREATENING ANIMAL The following reporting guidelines will be followed for the destruction of a dangerous or attacking animal. (a) Employees who destroy an attacking or dangerous animal will notify their supervisor or another on-duty supervisor in the absence of their immediate supervisor, as soon as practical. (b) The supervisor, or designated acting supervisor, will respond to the scene and conduct an on-scene investigation of the incident, interview witnesses, and insure digital photographs are taken and downloaded into the Digital Crime Scene Management System. (c) The involved employee(s) are required to complete an incident report entitled Dangerous Animal - Firearm Used (3434-7) detailing the event and the reason(s) for selecting deadly force over other force options.. Investigating supervisors will complete a supplement to the incident report detailing their (d) investigation and findings. (e) The investigating supervisor will notify, via e-mail, each member of the involved employee's chain of command up to the assistant chief when the investigation is ready for review. This notification will include the incident report number. Each member of the chain-of-command through the assistant chief shall add a Versadex case note to the incident report indicating they have reviewed the incident. The chain-of-command will determine what, if any, corrective action is needed. (f) (g) Employees are not required to be placed on restricted duty. 202.4 REPORT OF UNINTENTIONAL FIREARM DISCHARGE This section is written to cover the reporting procedures for the following unintentional firearm discharge situations: (a) While at the APD firearms range. While at an approved firearms training site. (b) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Firearm Discharge Situations - 58 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

59 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Firearm Discharge Situations (c) While on-duty. (d) While off-duty. 202.4.1 REPORTING OF UNINTENTIONAL FIREARM DISCHARGE WHILE AT THE APD FIREARMS RANGE OR APPROVED FIREARMS TRAINING SITE The following reporting guidelines will be followed when an employee discharges a firearm unintentionally while at the APD firearms range or approved firearms training site. DEFINITONS: Unintentional Discharge- The discharge of a firearm that the shooter did not intend to occur. An unintentional discharge that constitutes a gross deviation from Preventable Discharge- Department training received prior to the incident or a discharge which exhibits a failure to exercise the care that a reasonably prudent employee would have exercised in similar circumstances. (a) If the result is death or injury to another then the incident will be handled as a Level 1 force incident. Refer to Policy 211 (Response to Resistance Inquiry, Reporting and Review). (b) If there is no injury or the injury is only to self: 1. Employees will report the discharge immediately to range personnel and request emergency medical assistance if needed. (a) The Learned Skills sergeant will be notified immediately. (b) Employees may be immediately disqualified and placed on restricted duty depending on the severity of the incident. 2. The Learned Skills Unit will: (a) Notify the involved employee's immediate supervisor regarding the incident. (b) The training instructor will completed an UD/PD form and forward it to the Learned Skills Sergeant. The Learned Skills Sergeant will review the UD/PD form and make (c) the determination on whether the firearms discharge was unintentional or preventable. He/she will prepare a memorandom addressed to the employee's immediate supervisor regarding the incident and send a copy to the Learned Skills Lieutenant. If the discharge is determined to be unintentional the employee's chain-of-command 3. will handle the inquiry. 4. If the discharge is determined to be preventable the incident will be handled as a Class B Investigation as outlined in Policy 902 (Administrative Investigations): (a) The Learned Skills Lieutenant will review the prepared memorandum and complete an Internal Affairs complaint and forward it to Internal Affairs. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Firearm Discharge Situations - 59 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

60 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Firearm Discharge Situations 5. The incident will be reviewed by the Force Review Board after the internal investigation is complete. 202.4.2 REPORTING OF UNINTENTIONAL FIREARM DISCHARGE WHILE ON-DUTY The following reporting guidelines will be followed when an on-duty employee discharges a firearm unintentionally anywhere other than at the APD firearms range. If the result is death or injury to another then the incident will be handled as a Level 1 force (a) incident. Refer to Policy 211 (Response to Resistance Inquiry, Reporting and Review). (b) If there is no injury: Employees will report the situation immediately and request their immediate 1. supervisor to respond to the scene. Employees may be placed on restricted duty. 2. 3. The incident will be handled as a Class B Investigation as outlined in Policy 902 (Administrative Investigations): An incident report will be completed and witness statements taken. Digital (a) photos will be taken and downloaded into the Digital Crime Scene Management System. (b) The employee's immediate supervisor has investigative responsibility for the incident. If the immediate supervisor is not available, an on-duty lieutenant from the employee's assigned area will designate an on-duty supervisor to investigate the incident. The employee's chain-of-command will determine what, if any, corrective (c) action is needed. 4. The incident will be reviewed by the Force Review Board after the internal investigation is complete. 202.4.3 REPORTING OF UNINTENTIONAL FIREARM DISCHARGE WHILE OFF-DUTY The following reporting guidelines will be followed when an off-duty employee discharges a firearm unintentionally anywhere other than at the APD firearms range. If the result is death or injury to another then the incident will be handled as a Level 1 force (a) incident. Refer to Policy 211 (Response to Resistance Inquiry, Reporting and Review). If there is no injury: (b) 1. Employees will report the situation immediately and request an on-duty supervisor to respond to the scene. Employees may be placed on restricted duty. 2. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 60 Firearm Discharge Situations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

61 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Firearm Discharge Situations The incident will be handled as a Class B Investigation as outlined in Policy 902 3. (Administrative Investigations): An incident report will be completed and witness statements taken. Digital (a) photos will be taken and downloaded into the Digital Crime Scene Management System. (b) The employee's immediate supervisor has investigative responsibility for the incident. If the immediate supervisor is not available, an on-duty lieutenant from the employee's assigned area will designate an on-duty supervisor to investigate the incident. (c) The employee's chain-of-command will determine what, if any, corrective action is needed. If the incident occurs out of city, the proper law enforcement authority having 4. jurisdiction must be notified. The employee's supervisor will coordinate the investigation with the responsible agency. 5. The incident will be reviewed by the Force Review Board after the internal investigation is complete. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Firearm Discharge Situations - 61 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

62 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 204 Leg Restraint Device 204.1 PURPOSE AND SCOPE The proper use and application of a leg restraint devicecan reduce the potential of injury and damage to property when dealing with violent or potentially violent subjects. This policy provides guidelines for the proper use of these devices. 204.1.1 PHILOSOPHY The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. A leg restraint device should only be used when officers reasonably believe it is necessary to augment other restraints while performing their lawful duties; a leg restraint device is never to be used as punishment. 204.2 POLICY When an officer encounters circumstances where it reasonably appears necessary to restrain the legs to prevent escape or restrain a violent or potentially violent subject during the course of a detention, arrest, and/or transportation, only Department approved RIPP Hobble or Ankle/Leg Iron restraint devices shall be used and only in the Department approved manner for temporary immobilization of the legs. Patrol sergeants and corporals will be assigned leg irons as part of their issued equipment on their personal inventory list. When the sergeant or corporal is no longer assigned to a patrol shift they will return the leg iron to Police Equipment. 204.3 AUTHORIZED USE (a) Only those officers trained in the use of the leg restraint device are authorized to employ it on any subject. The leg restraint device shall only be used after a subject has been handcuffed. (b) In determining whether to use a leg restraint device, officers should consider the following: (c) If the officer and/or others are subject to harm due to the assaultive behavior of a 1. violent, resisting, and/or attacking subject. 2. If it is objectively reasonable to protect the subject from his own actions (e.g., hitting his head against the interior of the Patrol unit, running away from the arresting officer while handcuffed, kicking at objects or officers). 204.4 PROCEDURE The leg restraint device is designed to reduce the likelihood of injury to the restrained subject or others, and to reduce the likelihood of property damage caused by the restrained subject by preventing him from using his legs in a manner likely to result in injury or damage. The following guidelines shall be used when applying a leg restraint device: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Leg Restraint Device - 62 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

63 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Leg Restraint Device If practicable, officers should notify a supervisor of the intent to apply the restraint. In all (a) cases, a supervisor shall be notified as soon as practicable after the application of the restraint and the name of that supervisor shall be noted in a report or supplement. (b) This device shall not be used to hog tie. Once the subject's legs have been bound, the safety clip of a restraint shall not be attached to the chain of the handcuffs. Absent a medical emergency, the subject being restrained shall remain restrained until the (c) officer arrives at the jail or other facility or the subject no longer poses a threat. Once secured, the subject should be placed in a seated or upright position. Subjects shall (d) not be placed on their stomach for an extended period as this may potentially reduce their ability to breathe. 1. The restrained subject should be constantly watched by an officer while in the restraint. The officer is to ensure the subject does not roll onto and remain on his stomach. The officer should look for signs of labored breathing and, where practicable, take 2. appropriate steps to relieve and minimize any obvious factors contributing to this condition. 3. In the event that it appears reasonably necessary to restrain a subject in such a position that the subject's ability to sit upright is restricted, an officer should monitor the subject in an effort to minimize restricted breathing. The subject should be placed in an upright position as soon as it reasonably appears safe and practicable. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Leg Restraint Device - 63 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

64 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 206 Control Devices and Techniques 206.1 PURPOSE AND SCOPE In an effort to reduce and minimize altercation related injuries to officers, the public and subjects, the Department authorizes the use of selected control devices. These control devices are approved in order to control violent or potentially violent subjects. It is anticipated that the use of these devices will generally result in fewer altercation related injuries to officers and subjects. The policy below is for the use and maintenance of control devices. 206.1.1 PHILOSOPHY The use of control devices upon a subject by an officer shall only occur when the officer, while in the performance of his lawful duties, reasonably believes it necessary to gain control of the subject. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. It is also understood that vesting officers with the authority to use lawful and objectively reasonable force and protect the public welfare requires a careful balancing of all human interests. 206.2 CONTROL DEVICES AND TECHNIQUES OVERVIEW 206.2.1 WHEN DEVICES MAY BE USED When a decision has been made to control, restrain or arrest a violent, threatening or escaping subject, an approved control device may only be used when its use appears objectively reasonable under the circumstances. 206.2.2 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device and/or technique shall be documented as prescribed by Policy 211 (Response to Resistance Inquiry, Reporting and Review). 206.2.3 APPROVED CONTROL DEVICES Only Department issued or approved control devices and munitions shall be carried. Only Department approved modifications may be made to any control device. (a) The control devices approved by the Department are: 1. Baton and/or Impact Weapons (long, short, side-handle or expandable). Chemical Agents (Oleoresin Capsicum (OC) spray). 2. Kinetic Energy Projectiles and their delivery systems. 3. TASER Device - See Policy 208 (TASER® Guidelines). 4. Every control device shall be periodically inspected by the employee's supervisor or (b) the designated instructor for a particular control device. All daily inspections, routine maintenance, charging and cleaning shall remain the responsibility of the employee assigned the device. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Control Devices and Techniques - 64 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

65 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Control Devices and Techniques All damaged, inoperative, or expended control devices shall be returned to the Property (c) Control Office for disposal, repair and/or replacement. 206.2.4 TRAINING FOR CONTROL DEVICES Only employees trained and certified in the use of a specified control device are authorized (a) to carry and/or use that device. Proficiency training must be monitored and documented by a certified device, weapons, or tactics instructor. Civilian employees may use issued chemical agents for self-defense only. Recertification (b) for chemical agents issued to civilian employees shall occur annually. (c) Officers shall re-certify annually for all control devices they have been previously approved to carry with the exception of the TASER®. Recertification for the TASER® shall follow the guidelines set forth in Policy 208 (TASER® Guidelines). (d) All formal training and proficiency for control devices shall be documented in the employees' training file. (e) Employees failing to demonstrate proficiency with a device shall be provided remedial training. Employees failing to pass remedial training shall not be permitted to carry the device and may be subject to other provisions prescribed by the Training Division. 206.3 BATON AND IMPACT WEAPON GUIDELINES The baton and/or an impact weapon is authorized for use when, based upon the circumstances perceived by the officer, such force reasonably appears justified and necessary to result in the safe control of a subject. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury. The head, neck, spine and groin should not be intentionally targeted except when the officer has an objectively reasonable belief the subject may cause serious bodily injury or death to the officer or others. 206.4 CHEMICAL AGENT GUIDELINES Chemical agents are devices used to minimize the potential for injury to employees, offenders, or other subjects. They should be used only in situations where such force reasonably appears necessary. (a) Authorized employees may use chemical agents when the application of the chemical agent is objectively reasonable to subdue or control: A violent or physically resisting subject. 1. A subject who by words or action has demonstrated an intention to be violent or 2. to physically resist and who reasonably appears to present the potential to harm employees, himself, or others. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Control Devices and Techniques - 65 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

66 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Control Devices and Techniques Employees should give a verbal warning followed by a reasonable (a) opportunity to voluntarily comply when practicable. (b) Employees must be able to articulate their use of the chemical agent. Apprehend a subject fleeing lawful arrest or detention. 3. 4. There is a reasonable expectation that it will be unsafe for employees to approach within contact range of the subject. 206.4.1 PROHIBITED USES The following are prohibited uses of chemical agents: (a) To torture, psychologically torment, elicit statements or inflict undue pain on any individual. Horseplay or practical jokes. (b) (c) Demonstrations without the permission of a supervisor. When a subject exhibits only (d) verbal and/or passive resistance to arrest or authority. (e) When a subject is under physical restraint unless the subject is still aggressively resisting and lesser means of controlling the subject have failed. 206.4.2 CARRYING OF OLEORESIN CAPSICUM SPRAY Uniformed employees carrying the OC spray shall carry the device in its holster on the equipment belt. Plainclothes and non-field employees may carry the OC spray as authorized, consistent with the needs of their assignment or at the direction of their supervisor. 206.4.3 TREATMENT FOR CHEMICAL AGENT EXPOSURE Subjects who have been affected by the use of chemical agents should be afforded means of cleansing the affected areas as soon as practicable. Those subjects who complain of further severe effects shall be afforded a medical examination by competent medical personnel. 206.4.4 TRANSPORTING OF PRISONERS SUBJECTED TO CHEMICAL AGENT EXPOSURE When transporting prisoners who have been subjected to chemical agents, officers shall ensure that the prisoner stays upright with a clear airway and is not placed in a prone position to avoid possible positional asphyxia. Officers must be especially careful when tightly restraining combative subjects following the use of chemical agents. Before booking, officers shall advise jail personnel when a prisoner has been subjected to chemical agents. 206.5 KINETIC ENERGY PROJECTILES This department is committed to reducing the potential for violent confrontations when such subjects are encountered. Kinetic energy projectiles are less likely to result in death or serious physical injury. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 66 Control Devices and Techniques - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

67 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Control Devices and Techniques Kinetic energy projectiles are approved by the Department and are fired from 12 gauge shotguns that are clearly identified as less lethal shotguns. Certain munitions can be used in an attempt to de-escalate a potentially deadly situation, with a reduced potential for death or serious physical injury. 206.5.1 DEPLOYMENT Approved munitions are justified and may be used in an effort to compel individuals to cease their actions when such munitions present a reasonable option for resolving the situation at hand. (a) Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officers determine that deployment of these munitions cannot be deployed safely. The safety of hostages, innocent subjects and officers takes priority over the safety of (b) subjects engaged in perceived criminal or suicidal behavior. 206.5.2 EXAMPLES OF CIRCUMSTANCES APPROPRIATE FOR DEPLOYMENT Examples include, but are not limited to, the following types of situations where the subject: (a) Is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. Has made credible threats to harm himself or others. (b) (c) Is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers, creating a risk for injury. (d) There is reasonable suspicion to believe that the subject has already committed a crime of violence and is refusing to comply with lawful orders. 206.5.3 ADDITIONAL DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the officer should consider the following factors: (a) The subject's capability to pose an imminent threat to the safety of officers or others. (b) Whether the subject is actively resisting arrest or attempting to evade arrest by flight. The credibility of the subject's threat as evaluated by the officers present, and the subject's (c) physical capacity/capability to carry out the threat. (d) The availability of other force options and their possible effectiveness. Distance and angle to target. (e) Type of munitions employed. (f) Type and thickness of subject's clothing. (g) (h) The subject's actions dictate the need for an immediate response and the use of control devices appears appropriate. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Control Devices and Techniques - 67 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

68 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Control Devices and Techniques 206.5.4 SHOT PLACEMENT AND DEPLOYMENT DISTANCES Officers should generally follow their training instructions regarding minimum deployment distances and target areas. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, however any target area or distance may be considered when it reasonably appears necessary to accomplish immediate incapacitation in order to prevent serious injury or death to officers or others. 206.6 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a passive or actively resisting individual. Officers may only apply those pain compliance techniques for which the officer has an objectively reasonable belief that the use of such a technique appears necessary to further a legitimate law enforcement purpose. Officers should consider the following when using pain compliance techniques: (a) 1. The potential for injury to the officers or others if the technique is not used. The potential for serious injury to the individual being controlled. 2. Whether the pain compliance technique is effective in achieving an appropriate level 3. of control. 4. The nature of the offense involved. 5. The level of resistance of the individual(s) involved. 6. The need for prompt resolution of the situation. 7. If time permits (e.g., passive demonstrators), other reasonable alternatives. (b) The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved or other more appropriate alternatives can reasonably be utilized. 206.6.1 USE OF FORCE TO SEIZE EVIDENCE Pressure point techniques are the maximum amount of force authorized to seize evidence (a) (e.g., narcotics) when there is probable cause to believe it is being held or hidden in the mouth of a subject. Soft/empty hand control is the maximum amount of force authorized to seize blood from a (b) subject pursuant to a mandatory blood draw. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 68 Control Devices and Techniques - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

69 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 208 TASER Device Guidelines 208.1 PURPOSE AND SCOPE The TASER® is intended to control a violent or potentially violent individual while minimizing the risk of serious injury. It is anticipated that the appropriate use of such a device will result in fewer serious injuries to officers and suspects. 208.1.1 PHILOSOPHY The use of a TASER Device upon a subject by an officer shall only occur when the officer, while in the performance of his lawful duties, has an objectively reasonable belief that it is necessary to gain control of the subject. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. It is also understood that vesting officers with the authority to use lawful and objectively reasonable force to protect the public welfare requires a careful balancing of all human interests. 208.2 POLICY Personnel who have completed department approved training may be issued a TASER Device for use during their current assignment. Personnel leaving a particular assignment may be required to return their issued device to the Department's inventory. Officers shall only use the TASER Device and cartridges that have been issued by the Department. If an officer is issued a TASER®, the device must be carried as a part of a uniformed officer's equipment in an approved holster. When the TASER Device is carried as a part of a uniformed officer's equipment, the TASER (a) Device shall be carried on the side opposite from the duty weapon. (b) All TASER Devices shall be clearly and distinctly marked to differentiate them from the duty weapon and any other device. Whenever practicable, officers should carry a total of two or more TASER Device cartridges (c) on their person while carrying a TASER Device. 208.3 VERBAL WARNINGS A verbal announcement of the intended use of the TASER Device should precede its application unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. (a) The purpose of the warning is for the following: 1. Provide the individual with a reasonable opportunity to voluntarily comply. 2. Provide other officers and individuals with warning that a TASER Device may be deployed. (b) The aiming laser should never be intentionally directed into the eyes of another. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. TASER Device Guidelines - 69 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

70 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual TASER Device Guidelines (c) The fact that a verbal and/or other warning was given, or the reasons it was not given, shall be documented in any related reports, as well as any responses by the subject. (d) When given, the verbal warning should be "TASER, TASER, TASER" to prevent any confusion as to which weapon system is being deployed. 208.4 USE OF THE TASER DEVICE As with any law enforcement equipment, the TASER Device has limitations and restrictions requiring consideration before its use. The TASER Device should only be used when its operator can safely approach the subject within the operational range of the TASER Device. Although the TASER Device is generally effective in controlling most individuals, officers should be alert to the potential for failure and be prepared with other options. Generally, an assisting officer should be present with lethal cover in the event the TASER Device is ineffective or defective and the subject initiates a potentially life threatening confrontation. Officers should never hold both a firearm and the TASER device at the same time. 208.4.1 APPLICATION OF THE TASER DEVICE Authorized personnel may use the TASER Device when circumstances known to the officer at the time indicate that such application is objectively reasonable to control a subject in any of the following circumstances: (a) Apprehend a subject fleeing lawful arrest or detention. A violent or physically resisting subject. (b) (c) There is reasonable expectation that it will be unsafe for officers to approach within contact range of the subject. A subject who by words or action has demonstrated an intention to be violent or to physically (d) resist and who reasonably appears to present the potential to harm officers, himself, or others. 1. Officers should give a verbal warning of the intended use of the TASER Device followed by a reasonable opportunity for the subject to voluntarily comply, when practicable. 2. Officers must be able to articulate their use of the TASER Device in an incident report. 208.4.2 PROHIBITED USES The following are prohibited uses of the TASER Device: The TASER Device shall not be used to torture, psychologically torment, elicit statements (a) or to punish any individual. (b) Horseplay or practical jokes. Demonstrations, without the permission of a supervisor. (c) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 70 TASER Device Guidelines - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

71 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual TASER Device Guidelines Against passively resisting subjects. (d) (e) Individuals who are covered in, or in close proximity to, any combustible material. 208.4.3 SPECIAL DEPLOYMENT CONSIDERATIONS (a) The use of the TASER Device should generally be avoided in the following situations unless the totality of the circumstances indicate that other available options reasonably appear ineffective, impractical, or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the TASER Device. 1. Obviously pregnant females. 2. Elderly individuals or obvious juveniles. 3. Individuals who are handcuffed or otherwise restrained. 4. Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles). (b) Individuals suspected of being under the influence of drugs/alcohol or exhibiting symptoms of Excited Delirium Syndrome (ExDS) (exhibits extreme agitation, violent irrational behavior accompanied by profuse sweating, public disrobing, extraordinary strength beyond their physical characteristics and a high resistance to pain, or requires a protracted physical encounter with multiple officers to be brought under control) may be more susceptible to serious medical problems and shall be closely monitored following the application of the TASER Device until they can be examined by paramedics or other medical personnel. (c) Because the application of the TASER Device in the drive-stun mode (i.e. direct contact without darts) relies primarily on pain compliance and requires close proximity to the subject, additional caution should be exercised. The application in drive-stun mode should be limited to brief applications in which pain compliance would reasonably appear necessary to achieve control. 208.4.4 TARGETING CONSIDERATIONS While manufacturers generally recommend that reasonable efforts should be made to target lower center mass and to avoid intentionally targeting the head, neck, chest and groin, it is recognized that the dynamics of each situation and officer safety may not permit the officer to limit the application of the TASER Device darts to a precise target area. As such, officers should take prompt and ongoing care to monitor the condition of the subject if one or more darts strikes the head, neck, chest or groin until he is released to the care of paramedics or other medical personnel. 208.4.5 MULTIPLE APPLICATIONS OF THE TASER DEVICE Only one officer shall deploy his TASER Device on an individual unless it is obvious the deployment was not effective. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 71 TASER Device Guidelines - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

72 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual TASER Device Guidelines If the first application of the TASER Device appears to be ineffective in gaining control of (a) an individual and if circumstances allow, the officer should consider the following before additional application of the TASER Device: Whether the probes or darts are making proper contact. 1. Whether the application of the TASER Device is interfering with the ability of the 2. individual to comply. 3. Whether other options or tactics may be more effective. This does not preclude an officer from multiple, reasonable applications of the TASER (b) Device on an individual. 208.4.6 REPORT OF USE All TASER Device discharges shall be documented in the related incident report/supplements and notification made to a supervisor in compliance with Policy 211 (Response to Resistance Inquiry, Reporting and Review). (a) Specific information on the use of a TASER Device should include, but is not limited to, the following: Articulable reasons for the use of the TASER Device. 1. Information on the type of individual who was subject to the TASER Device (e.g., 2. age, sex, health conditions). Any special circumstances surrounding the use of the TASER Device (e.g., 3. handcuffed prisoner). Whether one or both of the TASER Device darts penetrated a subject's clothing and/ 4. or skin. How many applications/cycles of the TASER Device were used. 5. Whether the TASER Device application was successful. 6. How many cartridges were used. 7. 8. Serial numbers of any used cartridge(s). Whether multiple officers used the TASER Device. 9. Any pain compliance use of the TASER Device (e.g., drive stun). 10. The on-board TASER Device memory will be downloaded through the data port by a (b) supervisor and saved with the related incident reports. (c) Photographs of probe sites should be taken, Anti-Felon Identification (AFID) tags should be collected and the expended cartridge along with both probes shall be submitted into evidence for future reference. The cartridge serial number should be noted and documented Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 72 TASER Device Guidelines - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

73 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual TASER Device Guidelines on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin. 208.5 MEDICAL TREATMENT Officers will remove TASER Device darts as trained once the subject is in custody. Used TASER Device darts shall be considered a sharp biohazard, similar to a used hypodermic needle. Universal precautions should be taken accordingly. All subjects who have been struck by TASER Device darts or who have been subjected to the electric discharge of the device shall be medically assessed prior to booking. Additionally, an individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel: (a) The subject is suspected of being under the influence of controlled substances and/or alcohol. (b) The subject may be pregnant. (c) The subject reasonably appears to be in need of medical attention. (d) The TASER Device darts are lodged in a sensitive area (e.g., groin, female breast, near the eyes). (e) The subject requests medical attention. Subjects who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, public disrobing, extraordinary strength beyond their physical characteristics, and a high resistance to pain (sometimes called "Excited Delirium Syndrome (ExDS)") or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death and shall be examined by qualified medical personnel. Officers shall call EMS to diagnose and treat any individual exhibiting signs of ExDS as soon as the signs are recognized. Any such individual shall be medically cleared prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or the interview with the individual, any refusal should be included, if possible. The transporting officer shall inform any person receiving custody or any person placed in a position of providing care that the individual has been subjected to the application of the TASER Device. All subjects shall be evaluated by the jail nurse prior to booking. 208.6 TRAINING In addition to the initial department-approved training required to carry and use a TASER Device, all employees carrying a TASER Device shall demonstrate proficiency annually. Employees who have not carried a TASER Device as a part of their assignment for a (a) period of six months or more shall be recertified by a department approved TASER Device instructor prior to again carrying or using the device. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. TASER Device Guidelines - 73 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

74 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual TASER Device Guidelines A reassessment of an officer's knowledge and/or practical skill may be required at any time (b) if deemed appropriate by the Training commander. 208.7 FUNCTIONALITY CHECK After a Response to Resistance incident, supervisors shall download the firing data from an employees' TASER Device and comply with the reporting procedures outlined in Policy 211 (Response to Resistance Inquiry, Reporting and Review). Officers shall download data from their assigned TASER Device when it is reassigned to another officer or retired from active police inventory: One copy of the data report shall be filed with the officer's property inventory retained by (a) Police Equipment. (b) One copy of the data report shall be retained by the officer. 208.7.1 PROPER MAINTENANCE Officers shall be responsible for ensuring that their issued TASER device is properly maintained and in good working order. (a) The supervisor or designee will perform quarterly functionality checks. This check shall occur quarterly when notified by Risk Management to conduct quarterly CAD audits. (b) The results of the check will be documented on PD 0128A "Unit Quarterly Taser Functionality and CAD Audit Report" and will include all officers whose Tasers were checked, whether or not the internal clock was "reset" and if a Taser was found defective. If defective, the supervisor shall notate corrective action. Examples are: 1. Turned into Police Equipment for repair or replacement 2. Taser cartridge trap doors replaced 3. Low battery replaced 208.8 DEPLOYMENT RECORD RETENTION All TASER Device deployment information shall be maintained by the Department for a minimum of three (3) years. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. TASER Device Guidelines - 74 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

75 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 211 Response to Resistance Inquiry, Reporting, and Review 211.1 PURPOSE AND SCOPE This directive sets forth Department policy and procedures for inquiring, reporting, and reviewing force incidents in response to resistance involving Department personnel. The specific required inquiry, reporting, and review of these incidents is determined by the force level, as defined in this policy. Personnel may delay compliance with the provisions of this order if the scene is unstable, there is unrest, or other conditions make immediate compliance impracticable. The protection of the public, Department personnel, and maintenance of public safety shall remain a top priority. Compliance with this order shall occur as soon as practicable. The approving supervisor shall ensure the reason for the delay is documented in the supervisor's supplement or inquiry memorandum. 211.1.1 DEFINITIONS : The preliminary review of the events surrounding a response to resistance incident, Inquiry including the initial response to the scene and follow-up investigations. Reporting : The process of documenting the information gathered in the inquiry of a response to resistance incident through written, oral and visual means and compiling that information into the appropriate packet for review. Review : The process of evaluating all the given information obtained in the force incident inquiry and reporting stages to determine if the response to resistance was objectively reasonable and within policy guidelines. 211.1.2 IDENTIFYING RESPONSE TO RESISTANCE DOCUMENTATION The following Response to Resistance reports and forms are required as determined by the force level of the incident: Response to Resistance Incident Report : The initial incident report written by the primary reporting employee for all force level incidents. Title Code 8400 shall be added to the incident report by the primary reporting employee to identify the incident as a response to resistance incident. The Use of Force section of the "Details" page shall also be completed. Response to Resistance Supplement : A supplement written to the primary reporting employee's incident report. Response to Resistance SIU Inquiry Report : A separate incident report written by the Special Investigations Unit (SIU) for all Level 1 incidents and in-custody deaths. A coversheet completed by Response to Resistance Level 2 Inquiry Control Sheet (PD0060): the supervisor for all Level 2 incidents. Response to Resistance Inquiry, Reporting, Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. and Review - 75 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

76 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review Response to Resistance Supervisor Inquiry Memorandum: A memorandum completed by the supervisor reviewing all Level 2 incidents. : A note that is added to the Incident Report in Versadex. Response to Resistance Case Note Response to Resistance Inquiry Packet : A packet compiled in response to resistance inquiries to be handled by the appropriate person, unit, or chain-of-command. • Level 1 inquiry packets are completed by the SIU. • Level 2 inquiry packets are completed by the supervisor conducting the inquiry. Level 3 incidents do not require an inquiry packet as documentation is handled through • Versadex case notes. 211.2 DETERMINING THE CORRECT FORCE LEVEL Force levels are broken up into three types: Level 1, Level 2, and Level 3. Each level is defined below by the response to resistance used in the incident. These levels are established for inquiry, reporting, and review purposes only. If there is uncertainty about which level to designate a particular incident then the higher level shall be used. 211.2.1 LEVEL 1 FORCE INCIDENTS AND IN-CUSTODY DEATHS (a) Any force resulting in death. (b) Any force that resulted in asubstantial risk of death. (c) Any intentional firearm discharge at a person, vehicle, or structure regardless of injury. Any intentional firearm discharge at an animal that results in injury to another person. (d) (e) Any unintentional firearms discharge resulting in another person's injury or death. (f) Any force that resulted in serious bodily injury requiring admittance to the hospital, beyond emergency room treatment and release (e.g., serious disfigurement, disability, or protracted loss or impairment of the functioning of any body part or organ). (g) Use of any impact weapon, including kinetic energy projectiles, and improvised weapons, that strikes the head of a subject. (h) In-Custody Deaths : For inquiry, reporting, and review purposes, all in-custody deaths occurring prior to or within 24 hours after booking shall be treated as Level 1 incidents and require concurrent inquiries conducted by SIU and IA, regardless of whether force was used on the subject. (i) The utilization of the Precision Immobilization Technique when serious bodily injury or death occurs. 211.2.2 LEVEL 2 FORCE INCIDENTS (a) Any strike to the head by an employee with any weaponless technique. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 76 APD Policy Manual 2017-1.5 Issued 7/20/2017

77 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review (b) Use of any impact weapons, including kinetic energy projectiles (other than a Taser), and improvised weapons, to strike a subject and contact is made, regardless of injury. (A strike to the head is a Level 1). (c) Any deployment of a police canine resulting in a bite to a subject's clothing or skin, or which results in any injury to a subject. Any use of the Taser where the cartridge is fired at a subject and causes neuromuscular (d) incapacitation. (e) The utilization of the Precision Immobilization Technique, unless serious bodily injury or death occurs. 211.2.3 LEVEL 3 FORCE INCIDENTS (a) Use of Oleoresin Capsicum (OC/Pepper Spray) or other chemical agent on a subject. (b) Any Taser application where there is no neuromuscular incapacitation (e.g. drive stun with or without cartridge attached) (c) Use of any impact weapon, including kinetic energy projectiles or any other similar object, in an attempt to strike a subject but no contact is made. (d) Use of a baton for a non-striking purpose (e.g., prying limbs, moving, or controlling a subject). (e) Any force resulting in injury or a complaint of pain beyond the temporary discomfort of unresisted handcuffing, but not rising to a Level 1 or 2 incident. (f) A weaponless technique is used with or without complaint of injury or pain. (A strike to the head is a Level 2). Examples of weaponless techniques include: 1. Hand/palm/elbow strikes. 2. Kicks or leg sweeps. 3. Pressure points. 4. Take-downs. 211.2.4 ELEVATION OF A FORCE LEVEL INCIDENT If information is uncovered during a response to resistance inquiry to indicate that the original force level falls into a higher category, the force level should be elevated to conduct the appropriate inquiry. (a) Supervisors have the discretion to elevate any Level 3 force incident to a Level 2 in order to conduct a more extensive inquiry and review of the incident. An employee's lieutenant, with the approval of the commander or Duty Commander, may (b) elevate any response to resistance incident to a Level 1 force incident. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 77 APD Policy Manual 2017-1.5 Issued 7/20/2017

78 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review 211.3 VIOLATIONS OF LAW OR POLICY Supervisors receiving a complaint regarding a response to resistance incident will review the available information regarding the incident to determine if any credible evidence a violation of policy or law may have occurred. Supervisors making a determination based on objective evidence (e.g., MAV shows an (a) allegation is false) that there is no credible evidence a violation of policy or law has occurred by the officer shall complete a Complainant Contact Form and forward it to IA. 1. The incident shall be closed as information and tracked in the IA database for information purposes only. 2. The force incident shall be handled based on the normal criteria as outlined in this policy and the initiation of an IA investigation is not required. Supervisors discovering during the normal course of their review, or in response to a (b) any credible evidence a violation of law or policy may have occurred concerning complaint, the officer's response to resistance shall follow the guidelines outlined below. 211.3.1 CRIMINAL MISCONDUCT that criminal any credible evidence Regardless of the original force level of the incident, if there is misconduct may have occurred by the officer then the incident shall be treated as a Level 1 force incident. The supervisor shall immediately notify the SIU and IA. The supervisor shall document the (a) time and date the SIU and IA were notified in the supervisor's supplement. (b) The Chief of Police shall be notified on all credible allegations of criminal conduct. (c) SIU and IA shall handle the concurrent investigation of criminal allegations as outlined in the Criminal Investigations and Administrative Investigations policies. 211.3.2 POLICY VIOLATION (a) If there is any credible evidence a policy violation may have occurred by the officer then the incident shall be handled as follows: Level 1 force incidents - If the original incident would have been handled as a Level 1 1. force incident, supervisors shall notify the SIU and IA of the possible policy violation and handle the response to resistance inquiry as a Level 1 force incident. Supervisors shall document the date and time SIU and IA were notified in the supervisor's supplement. Level 2 and Level 3 force incidents - If the original incident would have been 2. handled as a Level 2 or a Level 3 force incident, supervisors shall notify IA of the possible policy violation and handle the response to resistance inquiry as a Level 2 force incident. Supervisors shall document the date and time IA was notified in the supervisor's supplement. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 78 APD Policy Manual 2017-1.5 Issued 7/20/2017

79 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review (b) Internal investigations of policy violations shall be handled as outlined in Policy 902 (Administrative Investigations). 211.4 EMPLOYEE RESPONSIBILITIES FOR ALL FORCE LEVEL INCIDENTS The following outlines the required responsibilities of involved employees, employees that witness an incident and employees designated to assist at the scene of any response to resistance incident. If a juvenile is in custody related to the incident, the juvenile should not be interviewed unless the juvenile has been brought before a magistrate. (a) Involved employees shall notify their supervisor as soon as practicable of any force incident or allegation of use of force. (b) Involved employees shall request EMS as soon as practicable when a subject complains of injury, has visible injuries, or the circumstances indicate that an injury may have occurred. For purposes of this section "Injury" does not include TASER probe marks that are not in a sensitive area of the body. Officers will comply with section 208.5 in regards to post-TASER deployment medical treatment. (c) If a person not under arrest is transported for medical treatment as a direct result of an officer's response to resistance, an officer will accompany that person to the medical facility for monitoring unless or until a supervisor believes such monitoring is no longer necessary. (d) Employees not involved in the force incident may be directed by a supervisor to assist at a force incident scene. This may include locating and identifying witnesses to the incident. 1. Employees shall notify a supervisor in the event a witness refuses to give a statement or provide identifying information. 2. Employees shall not detain or delay a witness who refuses to remain at the scene. (a) The witness' physical description, license plate, comments, or other identifiers shall be documented in the employee's supplemental report. (b) Any photographs or videotape containing images of a witness who refused to remain at the scene shall be turned in with the response to resistance inquiry packet. 211.4.1 EMPLOYEE REPORTING GUIDELINES FOR ALL FORCE LEVEL INCIDENTS The following outlines the reporting guidelines for involved employees, employees that witness an incident and employees designated to assist at the scene of any response to resistance incident. (a) An incident report shall be completed by the primary reporting employee and include title code 8400. This report shall be written regardless of whether a report or supplement would normally be written for the initial incident. (b) Supplements shall be completed by: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 79 APD Policy Manual 2017-1.5 Issued 7/20/2017

80 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review 1. All other employees who are involved in a force incident. 2. Employees who witness a force incident. 3. Employees assisting at the scene of a force incident. 4. A supervisor is required to complete a supplement to the response to resistance incident report for Level 1 incidents. They may also be required by SIU to complete a supplement to the SIU inquiry report. (c) The following information shall be included in each report and supplement: 1. The original reason for police presence on the scene. 2. The name and employee number of the supervisor notified of the incident. 3. A detailed description of the circumstances and subject actions that resulted in the use of force. 4. A detailed description of the force used. (a) Include specific details regarding any weapon used on a subject (e.g., when OC spray is used you document the number of bursts, duration of each burst, the approximate distance from the subject, the location of spray contact). 5. Subject and witness information. 6. Reports shall not contain "boilerplate" or "pat" language (e.g., "furtive movement" or "fighting stance") without descriptive details of the action. 7. Involved employees shall also complete the force section of the "Details" page in their report/supplement. (d) All incident reports and supplements shall be completed separately and without discussing the details of the incident with other personnel. "Group reporting" is prohibited. Debriefing after an incident and/or the necessary discussions to further the training requirements of officers enrolled in the Field Training Program (FTP) are allowed. (e) A copy of the response to resistance incident report, any supplements, and any ancillary documents should be submitted to the reviewing supervisor prior to the end of the employee's tour of duty. 211.5 DESIGNATION OF SUPERVISOR TO CONDUCT INQUIRY The supervisor of the employee involved in the force incident shall typically be the primary supervisor conducting the force inquiry. The following exceptions apply: (a) If an incident involves multiple employees with different supervisors, a lieutenant from the area where the incident occurred, or the Watch Lieutenant, shall assign one supervisor to be the primary inquiring supervisor. The responding supervisor will conduct the force inquiry. Additionally, the responding supervisor will notify the other involved employees' Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 80 APD Policy Manual 2017-1.5 Issued 7/20/2017

81 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review supervisor(s) of the force incident and their employee's involvement. This notification will be made by e-mail and will include the incident report number. (b) A supervisor involved in a force incident shall not review the incident. A supervisor who is at the scene and witnesses the incident, but is not directly involved in the force incident, may conduct the inquiry. (c) If an employee the rank of sergeant or lieutenant is involved in a Level 2 or 3 force incident, another supervisor the rank of the involved employee or higher shall conduct the inquiry. (d) If an employee the rank of commander or higher is involved in a level 2 or level 3 force incident, the employee will notify their immediate supervisor and the Duty Commander. At the direction of the Duty Commander, an on duty lieutenant may be designated to complete the inquiry. (e) Corporals may be designated as the inquiry supervisor as follows: 1. Level 1 Incidents - Corporals may not act as the designated supervisor to conduct inquiries for Level 1 Force Incidents. 2. Level 2 Incidents - As long as an employee is in their chain-of-command, or when responding as the acting sergeant to an incident occurring in their sector involving a Department officer working an off-duty LERE position, corporals may conduct the initial on-scene inquiry of a Level 2 incident when serving as acting sergeant or when the sergeant is not immediately available. The initial Level 2 packet shall be turned over by the end of the shift to the corporal's supervisor, lieutenant or other designated supervisor for final approval or further inquiry. 3. Level 3 Incidents: Corporals may function as the designated supervisor to conduct inquiries for Level 3 force incidents. 211.6 LEVEL 1 AND IN-CUSTODY INQUIRY, REPORTING, AND REVIEW REQUIREMENTS Level 1 force incidents and in-custody deaths occurring prior to or within 24 hours after booking require concurrent inquiries conducted by the SIU and IA. The following sections explain the responsibilities in Level 1 force incidents and in-custody deaths for: (a) Supervisors. (b) Special Investigations Unit (SIU). (c) Lieutenants. (d) Chain-of-command. (e) Internal Affairs (IA) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 81 APD Policy Manual 2017-1.5 Issued 7/20/2017

82 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review 211.6.1 SUPERVISOR RESPONSIBILITIES IN LEVEL 1 AND IN-CUSTODY INCIDENTS Supervisors shall respond to the scene of all Level 1 force incidents and in-custody deaths unless a hostile crowd or other conditions make such a response impracticable. In such incidents, an alternate safe location shall be designated by the supervisor. Supervisors are responsible for managing the scene until a higher ranking supervisor or the (a) ranking SIU supervisor arrives. (b) Supervisors should secure and manage the scene upon arrival and: 1. Take all reasonable steps to obtain emergency medical attention for all injured individuals. 2. Ensure involved personnel, subjects, and witnesses are separated, identified and advised that communication regarding the incident with other people is prohibited. Obtain a brief overview of the situation from available sources. 3. 4. Involved personnel subject to a potential criminal investigation shall be able to speak with an APA union representative and/or their attorneys prior to speaking with a supervisor. If necessary, the supervisor may administratively order any officer from this department to immediately provide public safety information to secure the scene and pursue subjects. (a) Public safety information shall be limited to such things as outstanding subject information, number and direction of shots fired, parameters of the incident scene, identity of known witnesses, and similar information. 5. Ensure a crime scene is established: Ensure a Crime Scene Security Log (PD0175) is maintained to record the (a) time and identifying information of all persons entering and exiting the scene. (b) is delivered to the SIU investigator. Ensure the Crime Scene Security Log Ensure an appropriate sized perimeter is established, if needed. 6. 7. Assess the need for additional resources and notify the Watch Lieutenant and appropriate lieutenant. 8. Identify the number of subjects involved and coordinate the apprehension of subject(s)who are unaccounted for. Assign employees who were not involved with the force incident to conduct a 9. reasonable canvass in an effort to identify witnesses in the proximity of the incident. Witness information should be provided to on scene investigators as soon as practical and shall be documented in the employee's supplement. Assign employees who were not involved with the force incident to identify any 10. possible sources of video of the scene, such as security cameras, and determine if they contain any pertinent video. Any information regarding sources of pertinent Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 82 APD Policy Manual 2017-1.5 Issued 7/20/2017

83 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review video should be provided to on scene investigators as soon as practical and shall be documented in the employee's supplement. 11. Coordinate the preliminary inquiry with the SIU and IA investigators to include, but not limited to: (a) Identifying employees either involved in or witness to the incident. (b) Designating the primary reporting officer for the response to resistance incident report. Ensuring the preservation of evidence. (c) (d) Assisting investigators to ensure statements are taken. Once the scene has been cleared, supervisors shall be responsible for the following: (c) (a) Completing a supplement to the response to resistance incident report detailing their actions. SIU may direct a supervisor to complete a supplement to the SIU inquiry report as well. (b) Reviewing the primary reporting employees' response to resistance incident report and change the 8400 title code to 8401 to indicate a Level 1 force incident. Identifying Department or individual equipment, training, and tactical issues. (c) Making recommendations for corrective action when appropriate. Recommendations (d) shall be documented in a memorandum forwarded through the chain-of-command. 211.6.2 SPECIAL INVESTIGATIONS UNIT (SIU) RESPONSIBILITIES IN LEVEL 1 AND IN- CUSTODY DEATH INCIDENTS The ranking SIU supervisor on-scene of a Level 1 incident shall assume command of the scene. SIU shall conduct a response to resistance inquiry and forward the inquiry packet to IA or the involved employee's chain of command within forty-five (45) calendar days, unless extended by an assistant chief. 211.6.3 LIEUTENANT RESPONSIBILITIES IN LEVEL 1 AND IN-CUSTODY DEATH INCIDENTS On-duty lieutenants responsible for the area in which the response to resistance incident has occurred will respond to the scene to assume scene management and ensure the assigned supervisor coordinates and assists with a thorough and proper preliminary inquiry. When appropriate, lieutenants may place the involved employees on restricted duty with the approval of the employee's commander or the Duty Commander. 211.6.4 CHAIN-OF-COMMAND REVIEW RESPONSIBILITIES IN LEVEL 1 AND IN- CUSTODY DEATH INCIDENTS The chain-of-command, up to and including the appropriate assistant chief, shall review the response to resistance inquiry packet for Level 1 force incidents. All reviewers shall: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 83 APD Policy Manual 2017-1.5 Issued 7/20/2017

84 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review (a) Document their review following IA administrative procedures relating to the IA investigation of the incident. (b) Review the inquiry packet and evaluate the report and supplements for compliance with law and Department policy. Any reports that are incomplete or inadequate shall be returned to ensure corrections are made. (c) Order further inquiry or additional resources when necessary. (d) Evaluate and comment on any training, tactical, or equipment issues. (e) Document any extension approvals for report deadlines. The employee's commander shall ensure SIU and IA are notified of any deadline extensions. (f) Forward the response to resistance inquiry packet to the next level in the chain-of-command under which the involved employee was working when the incident occurred, within four work days from the time it was received for review. Upon completion of the review, and the final disposition of any Administrative Investigation, (g) if applicable, the commander shall: (a) Forward all approved inquiry packet links via email to APD Training. Document any identified individual, command or Department-wide training issues: (b) 1. If an individual or command training issue is identified, the commander shall ensure training is conducted and a training memorandum is completed and forwarded to the commander of the Training Division for review and appropriate additional action, if any; and/or Request Department-wide training from the Training Division. 2. 3. Scan the final signed memorandum into the electronic folder. 211.6.5 INTERNAL AFFAIRS RESPONSIBILITIES IN LEVEL 1 (a) If an Administrative Investigation is initiated due to alleged misconduct by an APD employee, at any stage of the inquiry or review process, the process established by Policy 902 (Administrative Investigations) will be followed. (b) Upon final disposition of the Administrative Investigation, IA will notify the involved employee’s commander. (c) For in custody deaths and officer involved shootings, IA will forward the electronic link to the Force Review Board. 211.7 LEVEL 2 INCIDENT INQUIRY, REPORTING, AND REVIEW REQUIREMENTS The following sections explain the responsibilities in Level 2 force incidents for: Supervisors. (a) Chain-of-Command Review. (b) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 84 APD Policy Manual 2017-1.5 Issued 7/20/2017

85 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review 211.7.1 SUPERVISOR RESPONSIBILITIES IN LEVEL 2 FORCE INCIDENTS Level 2 force incident inquiries are conducted by the designated inquiry supervisor. A supervisor shall respond to the scene of all Level 2 force incidents unless a hostile crowd or other conditions make such a response impracticable. In such incidents, an alternate safe location shall be designated by the supervisor. The reporting and review requirements for a Level 2 Precision Immobilization Technique will be completed as part of the Pursuit Critique. The review will be handled by the chain-of-command responsible for the Pursuit Critique up to and including the rank of Commander. Level 2 Precision Immobilization Techniques will not typically be reviewed by the Force Review Board. (a) Supervisors should secure and manage the scene upon arrival and: 1. Ensure involved personnel, subjects, and witnesses are identified, separated, and advised that communication regarding the incident with other people is prohibited. 2. Verbally review the general circumstances of the incident individually with the involved personnel, subjects, and witnesses. Ensure the reporting level is consistent with the facts and assess whether injuries, if present, are consistent with the force applied. 3. Ensure a perimeter is established if needed. 4. Locate injured subjects and ensure medical services have been requested as needed. 5. Assess the need for additional resources and make appropriate notifications. 6. Identify the number of subjects involved. Coordinate the apprehension of subject(s)outstanding. 7. Personally interview the subjects upon whom the force was used, or alleged to have been used, and obtain a statement. The statement should be captured using a MAV recording system. If a statement is not obtained by video or audio, the supervisor shall thoroughly document the information in their inquiry memorandum and explain the circumstances that prevented the recording. 8. Assign employees who were not involved with the force incident to conduct a reasonable canvass in an effort to identify witnesses in the proximity of the incident. Witness information should be provided to on scene supervisor as soon as practical and shall be documented in the employee's supplement. Witness information shall also be documented in the supervisor inquiry memorandum. (a) Witness statements should be captured using a MAV recording system. If a statement is not obtained by video or audio, the supervisor shall thoroughly document the information in their inquiry memorandum and explain what circumstances prevented the recording. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 85 APD Policy Manual 2017-1.5 Issued 7/20/2017

86 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review 9. Assign employees who were not involved with the force incident to identify any possible sources of video of the scene, such as security cameras, and determine if they contain any pertinent video. Any sources of pertinent video should be provided to on scene supervisor as soon as practical and shall be documented in the employee's supplement. 10. Ensure digital images or photographs are taken of: (a) The physical condition of the subject and involved personnel to record the presence or lack of injuries. (b) The scene where the response to resistance incident occurred. (c) Other relevant evidence. 11. Supervisors shall ensure all MAV media is turned in as evidence if it contains any information or statements related to the incident. (b) Once the scene has been cleared, supervisors shall be responsible for the following: (a) Send email notifications with the incident report number prior to the end of the tour of duty to the: (a) Involved employee's chain-of-command up to the commander. (b) Reviewing supervisor's chain-of-command up to the commander, if not already included. (c) Commander of the area where the incident took place, if not already included. (d) IA ( [email protected]) if the inquiry indicates there is any credible evidence a violation of law or policy may have occurred concerning the officer's use of force that may reasonably lead to formal discipline. (b) Supervisors shall review the primary reporting employee's response to resistance incident report and change the 8400 title code to 8402 for Level 2 force incidents. (c) Complete a response to resistance inquiry memorandum. The inquiry memorandum shall include: (a) The incident number of the involved employee's response to resistance incident report. (b) A description of any injury to the subject and/or APD personnel including the medical assistance that was provided. (c) Any relevant information revealed in interviews with personnel, subjects involved, and witnesses at the scene. (d) Information on the digital images or photographs that were taken. If none were taken then the reason why. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 86 APD Policy Manual 2017-1.5 Issued 7/20/2017

87 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review (e) Whether statements were taken and in what format (e.g., MAV, written). If a statement was not taken, or if the statement was not captured on video or audio, the reasons should be documented. (f) Detailed information on any circumstances that delayed or prevented response to the scene. (g) Identify Department or individual equipment, training, and tactical issues and make recommendations for corrective action, when appropriate. (h) Whether the response to resistance was objectively reasonable and within Department Policy. (d) Prepare a response to resistance inquiry packet that includes the following documents: (a) A Level 2 inquiry control sheet. (b) Supervisor inquiry memorandum. (c) CAD sheet of the incident. (d) Any ancillary documentation (e.g. Taser downloads and audio wave files). (e) Electronically store the response to resistance inquiry packet in the Level 2 Response to Resistance Inquiry folder in the G drive (\\ausps.org\Data\Groups\R2R Level 2 Inquiry Packets) within a folder titled by the case number. A physical folder is no longer required. (f) Complete and forward the response to resistance inquiry packet link via email to the next level in the chain-of-command under which the involved employee was working when the incident occurred, within eight work days from the time the incident occurred. 211.7.2 CHAIN-OF-COMMAND REVIEW RESPONSIBILITIES IN LEVEL 2 FORCE INCIDENTS The chain-of-command, up to and including the commander, shall review the response to resistance inquiry packet for Level 2 force incidents. (a) All reviewers shall: 1. Review the inquiry packet and evaluate the report and supplements for compliance with law and Department policy. 2. Document whether the response to resistance was within Department policy: (a) Add a notation at the end of the supervisor inquiry memorandum if you agree that the response to resistance was within Department policy. (b) If necessary, each level of the chain-of-command may write a supplemental memorandum to be included in the inquiry packet. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 87 APD Policy Manual 2017-1.5 Issued 7/20/2017

88 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review 3. Evaluate and comment on any training, tactical, or equipment issues. 4. Order further inquiry or additional resources when necessary. 5. Any reports that are incomplete or inadequate shall be returned to ensure corrections are made. 6. Forward the response to resistance inquiry packet link via email to the next level in the chain-of-command under which the involved employee was working when the incident occurred within eight work days from the time it was received for review. 7. Document any extension approvals for report deadlines. The commander shall ensure IA is notified of any significant deadline extensions, when applicable. (b) Upon completion of the review, the commander shall: 1. Forward all approved inquiry packet links via email to APD Training. 2. Document any identified individual, command or Department-wide training issues: (a) If an individual training issue is identified an Employee Success Plan may be implemented. If a command training issue is identified, the commander shall ensure training is conducted; and/or (b) Request Department-wide training from the Training Division. (c) Scan the final signed memorandum into the electronic folder. 211.8 LEVEL 3 INCIDENT INQUIRY, REPORTING, AND REVIEW REQUIREMENTS Level 3 force incidents require the involved employees to document the incident in a report and notify their supervisors. Supervisors shall conduct a review of Level 3 force incidents as outlined below but may upgrade any Level 3 force incident to a Level 2 force incident in order to conduct a more extensive review. (a) Supervisors shall respond to the scene of any Level 3 incident involving: 1. Use of OC spray or other chemical agent on a subject. 2. Use of a TASER Device. See the "Report of Use" section of Policy 208 (TASER® Guidelines) for specific information to be included in the report. 3. Use of an impact weapon. 4. Any incident resulting in injury or complaint of pain beyond the temporary discomfort of unresisted handcuffing. Supervisors shall review the general circumstances of the incident with the involved personnel and ensure the reporting level is correct based on the facts. (b) Supervisors shall review the primary reporting employees' response to resistance incident report: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 88 APD Policy Manual 2017-1.5 Issued 7/20/2017

89 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Response to Resistance Inquiry, Reporting, and Review 1. Incomplete or inadequate reports shall be returned for additional details or clarification. 2. Supervisors shall change the 8400 title code in the Versadex incident report and detail page to 8403 for Level 3 force incidents. 3. Supervisors shall add a Versadex case note to the report to document they were notified, if they responded to the scene, and whether they have reviewed the incident. (c) If a TASER Device is used in the force incident, the data report shall be downloaded and a copy scanned into the image section of the Versadex incident report or submitted into evidence with the spent cartridge for retention. (d) Supervisors shall conduct a thorough review of all documents including the response to resistance incident report and any supplements to ensure completeness, accuracy, and quality. Each level of the chain-of-command, up to the lieutenant, shall review the incident and complete a case note to document their review, within 8 work days of receiving the incident for review. (e) Level 3 incidents that involve the use of OC, Taser, or weaponless strikes on a restrained subject will be forwarded to the Force Review Board for their review. 211.9 INCIDENTS DURING SECONDARY LAW ENFORCEMENT RELATED EMPLOYMENT (LERE) Officers involved in a force incident while working secondary law enforcement related employment (LERE) shall be required to comply with this policy. Supervisors in the area where the force incident occurred shall conduct the inquiry. However, for Level 3 force incidents, should the LERE assignment employ two or more officers and one of the officers is a supervisor not involved in the force incident, the LERE supervisor may conduct the review. 211.10 INCIDENTS OCCURRING OUTSIDE THE CITY OF AUSTIN Employees involved in a Level 1, 2, or 3 force incident while taking police action outside of the City of Austin shall notify the proper law enforcement authority having jurisdiction, contact their supervisor, and follow the reporting procedures outlined in this policy. 211.11 SPECIAL CIRCUMSTANCES Any deviation from the above reporting requirements must be approved by an assistant chief and only for special circumstances (e.g., mass arrest situations, emergency crowd control). Commanders may approve a Level 3 incident to be documented in an after-action report for tactical situations arising from a search warrant, SWAT call-out, or other incident requiring an approved operations plan. The after-action report must comply with the reporting and review requirements for a Level 3 incident. An electronic copy of the after-action report shall be forwarded to the Inspections Unit. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Response to Resistance Inquiry, Reporting, Published with permission by Austin Police Department and Review - 89 APD Policy Manual 2017-1.5 Issued 7/20/2017

90 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 212 Force Review Board 212.1 PURPOSE AND SCOPE The Austin Police Department is charged with the important responsibility of objectively evaluating an Officers Response to Resistance. The Force Review Board (FRB) shall identify any policy, training, tactical, equipment, or other improvements related to the force incident that may be needed. The Board shall also review the quality and timeliness of the response to resistance reporting, investigation, and chain-of-command review, and take appropriate action. The Chief may direct the Board to review any Response to Resistance incident. The FRB is empowered to conduct an administrative review of the following types of incidents: Level 1 and Level 2 force incident. (a) (b) In-custody death. Vehicle pursuits resulting in the serious bodily injury or death to any person. (c) (d) Any incident causing serious injury or death as a result of an employees actions. Any firearms discharge other than those in the course of authorized training, practice, legal (e) recreational activities, during an organized competitive event, or the authorized discharge against an animal. (f) Any incident where an officer uses OC Spray, Taser, or weaponless strikes on a restrained subject. (g) Any commander may request that an incident occurring within their area of responsibility be reviewed. 212.1.1 AUTHORITY OF FORCE REVIEW BOARD When a FRB is convened, the Board may: Direct Department personnel to appear before the Board. (a) Request any private person to appear as a witness. (b) Access all relevant documents, records, recordings, including any video, audio, text (c) messages, and transcripts of interviews of all involved personnel, including non- departmental witnesses, as provided by law. The Board shall make recommendations concerning any policy, training, tactical, equipment, or other improvements but does not have the authority to recommend discipline. Recommendations shall be determined by a majority vote of the Board. Any approved recommendations shall be referred to the Chief of Police or designee. 212.1.2 CONFIDENTIALITY OF INFORMATION Documentation provided to the FRB necessary to perform its function has the same legal character as documentation in the possession of Internal Affairs. No member of the FRB may release any Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Force Review Board - 90 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

91 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Force Review Board information regarding its review of a specific incident to anyone not authorized to review the information without the authorization of the Chief or designee. 212.2 FORCE REVIEW BOARD COMPOSITION The FRB consists of Voting Members, Non-Voting Members and Presenters. Current Board membership shall be outlined and updated in Policy 111 (APD Standing Committees and Boards). 212.2.1 BOARD MEMBER TRAINING The Training Division Commander shall ensure all FRB members receive continuing professional training in the following subjects: Departmental force policies, force application, and practices including demonstrations of (a) training techniques. Departmental force investigation procedures. (b) (c) Criminal and administrative investigation techniques, practices, and standards presented and/or coordinated by the Training Academy. Legal updates on force case law presented by representatives from the City Law Department (d) and/or the District Attorney's Office. Officer-involved shootings, vehicle pursuit-related matters, and in-custody death (e) investigations. 212.3 FORCE REVIEW BOARD INQUIRY PACKETS 212.3.1 INQUIRY PACKET PREPARATION A FRB shall not be convened if any Response to Resistance, In-Custody Death or Vehicle Pursuit incident is being investigated by lA until the internal investigation is completed. lA shall provide the completed investigative report packets to the FRB Chairperson. The FRB Chairperson shall convene a FRB within 30 days of receipt of the investigative files from lA. For all in custody deaths and officer involved shootings, IA shall present a detailed summary of the investigation to the FRB. The FRB Chairperson may request additional information from Internal Affairs and/or the Vehicular Homicide Unit (if the incident is a pursuit resulting in serious bodily injury or death), as needed. Inquiry Packets that are not subject to an IA investigation are forwarded to APD Training by the chain-of-command. APD Training shall prepare the Packets for presentation to the FRB. 212.3.2 INQUIRY PACKET DISTRIBUTION The Chairperson shall ensure FRB participants are provided a list of all cases that will be reviewed, as well as the Response to Resistance Inquiry Packet Control Sheet and any supervisor memoranda, at least (7) calendar days prior to the FRB. The FRB participants may review the incident report and any case notes via Versadex. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 91 Force Review Board - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

92 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Force Review Board All other ancillary documents, reports and recordings shall be made available at the FRB, including: (a) Ancillary documents such as supplement reports and written statements. Communications Division audiotapes, if necessary. (b) MAV media, if available. (c) (d) CAD records. (e) Medical reports or summary of injuries, if available. Digital Images or photographs. (f) (g) Training and force incident records of involved personnel. Applicable Department policies and procedures. (h) 212.4 FORCE REVIEW BOARD PROCEDURES AND RESPONSIBILITIES The Chair of the Force Review Board shall track the status of all FRB's to include: (a) Date of the Board. (b) Date the FRB Report is submitted to the affected commanders for corrections.. (c) Findings and recommendations of the Board. (d) Implementation of the approved recommendations in accordance with this order. (e) Date Final FRB Report submitted to Chief or his designee. 212.4.1 CONVENING A FORCE REVIEW BOARD The FRB Chairperson shall contact lA within twenty-four (24) hours of the scheduled Board to ascertain whether a force complaint is pending. If a complaint is pending relating to the incident, the FRB Chairperson shall notify the Chief of Police or designee and reschedule the Board after the completion of the internal investigation. If no investigation is pending, the FRB Chairperson shall preside over the review of the incident to include, but not limited to, the following: (a) A presentation and review of the Inquiry Packet and all relevant documents and materials. (b) A discussion regarding: 1. The quality and timeliness of the reporting, investigation, and chain-of-command review. 2. Applicable policy. 3. Relevant tactics. 4. Current practices and training. 5. Any equipment issues. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Force Review Board - 92 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

93 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Force Review Board 6. Additional follow-up by the supervisor conducting the inquiry, IA, and/or SIU. 7. Questions from Board members. (c) If additional inquiry or other follow-up is recommended, the FRB Chairperson shall advise the appropriate Commander that should address the specific issue and assign a due date not to exceed thirty (30) calendar days. (d) Deliberate on the possible need for: 1. Policy revision or the promulgation of new directives. 2. Changes in equipment. 3. Changes in tactics. 4. Changes in practices and training. 5. Additional training: (a) Individual. (b) Specialized, including training for Response to Resistance investigators. (c) Department-wide. 6. Improvements in the quality and timeliness of the reporting, investigation, and chain- of-command review of the force incident. 212.4.2 ATTENDANCE BY THE OFFICER(S) INVOLVED For incidents involving the discharge of a firearm, the involved officer and their chain-of-command may be requested to appear before the Board. For all other incidents reviewed by the Board, the involved officer(s) and supervisor(s) may appear, or the Chairperson may order their appearance. 212.4.3 FORCE REVIEW BOARD REPORT The Chairperson shall ensure a FRB Report is prepared. The original shall be sent electronically to the affected Commanders within five (5) calendar days after the Board adjourns. The FRB Report shall contain the following, as appropriate: (a) A summary of the Board's deliberations. (b) A draft Departmental publication identifying training or equipment issues (e.g, Officer Safety or Information Bulletin). (c) Recommendations concerning equipment shall be sent to the Training Commander. (d) Recommendations concerning tactics shall be sent to the Training Commander. (e) Recommendations to develop or revise Departmental policy and procedures shall be sent to the Professional Standards Commander. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Force Review Board - 93 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

94 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Force Review Board (f) Recommendations on the quality and timeliness of the reporting, investigation, and chain- of-command review shall be sent to the Commander who was involved in the Review of the Response to Resistance. 212.5 FORCE REVIEW BOARD RECOMMENDATIONS AND FOLLOW-UP (a) Corrective Actions: 1. If the FRB Report contains approved recommendations for corrective actions for specific personnel (e.g., training), the FRB Chairperson shall assign it to the appropriate Commander. 2. The assigned Commander shall ensure the approved recommendations are implemented. (a) Upon completion of the recommended corrective action(s), the assigned Commander shall prepare and forward a written response documenting the corrective action to the Force Review Board within twenty (20) calendar days of receipt, unless extended by an Assistant Chief. (b) Department-Related Recommendations: 1. If the FRB report contains Department-related recommendations (e.g., policy revision, equipment evaluation, tactical changes, Training Bulletins, or improvements in the quality and timeliness of the reporting, investigation, and chain-of-command review), the Chair of the FRB shall assign the required tasks to the appropriate Commander. 2. The assigned Commandershall review theproposed recommendations/planned corrective action with their Assistant Chief and present a status update toExecutive Staff. 3. The Chair of the FRB shall monitor and document the implementation of Board recommendations and advise the Chief or his designee when: (a) Implementation is completed. (b) An extension has been requested and the reason for the extension request. (c) Implementation has not been completed within thirty (30) calendar days and no extension has been requested. The chair of the FRB shall prepare a final FRB report which indicates how each issue 4. or concern that was identified was handled. That report shall be sent to the Chief or his designee electronically within thirty (30) calendar days of the intital FRB meeting. (a) After the completion of the final FRB memo, the FRB chair will update Command Staff on any changes that were identified. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Force Review Board - 94 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

95 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Force Review Board The chair of the FRB will meet with Executive Staff to give an overview of 5. the previous months FRB findings as they relate to policy revisions, equipment evaluations, tactical changes, or findings that result in an IAD/SIU investigation. 212.6 RECORDS RETENTION AND REPORTING 212.6.1 RECORDS RETENTION The FRB Chairperson shall add the original FRB reports and any additional documents/material into the Inquiry Packet and forward it to IA. lA shall serve as the custodian of records for Force Review Board Reports, Response to Resistance Inquiry Packets, In-Custody Death Inquiry Packets, and Vehicle Pursuit Report Packets if the pursuit resulted in serious bodily injury or death to any person. Records shall be retained consistent with IA's records retention policy. 212.6.2 ANNUAL REPORTING The following annual reports shall be prepared and distributed by the end of the third quarter of the following year to the Chief. The commander over Internal Affairs shall prepare an annual Response to Resistance (a) analysis report. (b) The chairperson of the FRB shall prepare an annual analysis of all incidents examined by the FRB in the prior year to identify any patterns and practices that have policy, training, tactical, equipment, quality control, or other implications. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Force Review Board - 95 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

96 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 214 Vehicle Pursuits 214.1 PURPOSE AND SCOPE Vehicle pursuits expose innocent citizens, law enforcement officers, and fleeing violators to the risk of serious injury or death. The primary purpose of this policy is to provide officers with guidance in balancing the safety of the public and themselves against law enforcement's duty to apprehend violators of the law. Another purpose of this policy is to minimize the potential for pursuit-related crashes. Vehicular pursuits require officers to exhibit a high degree of common sense and sound judgment. Officers must not forget that the immediate apprehension of a subject is generally not more important than the safety of the public and pursuing officers. 214.1.1 PHILOSOPHY Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and under difficult and unpredictable circumstances. In recognizing the risk to public safety created by vehicle pursuits, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a vehicle pursuit due to the risk involved. This includes circumstances where department policy would permit the initiation or continuation of the pursuit. It is recognized that vehicle pursuits are not always predictable and decisions made pursuant to this policy shall be evaluated according to the totality of the circumstances reasonably available at the time of the pursuit. Officers must remember that the most important factors to the successful conclusion of a pursuit are self-discipline and sound professional judgment. Officers' conduct during the course of a pursuit must be objectively reasonable; that is, what a reasonable officer would do under the same circumstances. An unreasonable desire to apprehend a fleeing subject at all costs has no place in professional law enforcement. 214.2 DEFINITIONS - A tactic designed to cause a violator's vehicle to follow a particular path by blocking Channel side streets and/or exit ramps with a patrol unit that has its emergency lights on. - Deactivate lights and siren, and cease pursuit. Terminate Tire Deflation Device (TDD) - A device that extends across the roadway designed to puncture the tires of the pursued vehicle. These are also known as Spikes or Tack Strips. - An active attempt by a law enforcement officer in a motor vehicle to apprehend Vehicle Pursuit the occupant(s) of another moving motor vehicle when the driver is not merely failing to stop at the direction of an officer using emergency lights and siren, but is actively attempting to evade apprehension or is continuing to commit further violation(s) of the law. Precision Immobilization Technique - A technique used to terminate a hazardous vehicle pursuit situation. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 96 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

97 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits 214.3 PURSUIT CONSIDERATIONS AND RESTRICTIONS The following policy is established to provide officers with guidelines for driving with due regard and caution for the safety of all persons using the highway (as required by Tex. Transp. Code § 546.005). 214.3.1 RESTRICTIONS ON VEHICLE PURSUITS Officers will not engage in a pursuit under any of the following circumstances: The subject evades after having committed only: (a) Any Class C Offense, including traffic; or 1. A non-hazardous traffic violation, regardless of the class of offense. 2. (b) The subject is committing, or has committed, only a misdemeanor other than suspected DWI/DUI, and his identity is known to the officer. (c) The officer has a prisoner, subject, or other non-police passenger who has not signed a liability release. The road surface is wet or otherwise slippery, unless the violator has committed a felony (d) involving violence, and then only when all considerations for safety have been taken into account and the pursuit is still deemed reasonable. 214.3.2 FACTORS TO CONSIDER BEFORE INITIATING A PURSUIT With the exception of the specified restrictions on vehicle pursuits listed in this policy, officers are authorized to initiate a pursuit when it is reasonable to believe that a subject is attempting to evade arrest or detention by fleeing in a vehicle. The following factors will be considered both individually and collectively when deciding (a) whether to initiate or continue a pursuit: Seriousness of the known or reasonably suspected crime and its relationship to 1. community safety. 2. The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists, and others. Apparent nature of the fleeing subject (e.g., whether the subject represents a serious 3. threat to public safety). Extended pursuits of violators for misdemeanors not involving violence or risk of 4. serious harm (independent of the pursuit) are discouraged. 5. The identity of the subject has been verified and there is comparatively minimal risk in allowing the subject to be apprehended at a later time. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 97 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

98 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits Safety of the public in the area of the pursuit, including the type of area, time of day, 6. the amount of vehicular and pedestrian traffic (e.g., school zones) and the speed of the pursuit relative to these factors. Pursuing officer's familiarity with the area of the pursuit, the quality of radio 7. communications between the pursuing units and the dispatcher/supervisor and the driving capabilities of the pursuing officers under the conditions of the pursuit. Weather, traffic, and road conditions that unreasonably increase the danger of the 8. pursuit when weighed against the risks resulting from the subject's escape. Performance capabilities of the vehicles used in the pursuit in relation to the speeds 9. and other conditions of the pursuit. Vehicle speeds. 10. 11. Other subjects in or on the pursued vehicle (e.g., passengers, co-offenders and hostages). Availability of other resources such as aircraft assistance. 12. 214.3.3 WHEN TO TERMINATE A PURSUIT Pursuits should be discontinued whenever the totality of objective circumstances known, or which reasonably ought to be known, to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the subject's escape. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to motorists, themselves, and the public when electing to continue a pursuit. This section shall not be construed to authorize a pursuit that is expressly prohibited as outlined in the Restrictions on Vehicle Pursuits section of this policy. (a) The factors listed in this policy on when to initiate a pursuit are expressly included herein and shall also apply to the decision to discontinue a pursuit. In addition to those factors listed, the following should also be considered in deciding whether to terminate a pursuit: Distance between the pursuing officers and the fleeing vehicle is so great that further 1. pursuit would be futile or require the pursuit to continue for an unreasonable time or distance. Pursued vehicle's location is no longer definitely known. 2. 3. Officers shall discontinue the pursuit when they become aware their vehicle has developed a mechanical malfunction. This includes, but is not limited to: (a) Any engine warning light activates on the dash (e.g., brake, ABS, or check engine lights). Audible warning tones. (b) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 98 Vehicle Pursuits - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

99 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits Physical damage that affects the performance, maneuverability, or (c) functioning of the vehicle. 4. Hazards to uninvolved bystanders or motorists. If the identity of the offender is known and it does not reasonably appear that the need 5. for immediate capture outweighs the risks associated with continuing the pursuit, officers should strongly consider discontinuing the pursuit and apprehending the offender at a later time. 6. Directed by a supervisor. Pursuit speeds: 7. (a) Pursuit speeds have become unreasonably unsafe for the surrounding conditions. (b) Pursuit speeds have exceeded the driving ability of the officer. Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making (c) its operation unsafe. 214.3.4 PURSUIT DRIVING CONSIDERATIONS AND RESTRICTIONS The decision to use specific driving tactics requires the same assessment of factors to be considered concerning pursuit initiation and termination. The following driving tactics apply to units involved in a pursuit: (a) Officers will space themselves from other involved vehicles, in consideration of their driving skills and vehicle performance capabilities, so they are able to see and avoid hazards or react safely to maneuvers by the fleeing vehicle and other police units. Officers should not attempt to pass other units in a pursuit unless the situation indicates (b) otherwise or requested to do so by the primary unit or control supervisor. (c) In the event that the pursued vehicle drives the wrong way on a roadway, the following tactics should be used: Request Air Support assistance. 1. 2. If a divided roadway, maintain visual contact with the pursued vehicle by paralleling on the correct side. 3. Request other units to watch for exits available to the vehicle. Officers will not pursue a vehicle driving the wrong way on a: (d) 1. Highway or Freeway, 2. Highway or Freeway frontage / service roads, or any roadways that are: 3. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 99 Vehicle Pursuits - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

100 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits directly connected to highway/freeway entry or exit ramps, or (a) (b) adjacent to or running parallel to a highway or freeway. Officers have an obligation to drive with a due regard for the safety of lives and property. (e) Driving the wrong way on a roadway does not necessarily protect the officer from the consequences of a disregard for traffic and/or legal restrictions. 214.4 PURSUIT GUIDELINES Pursuit units shall be limited to four vehicles (three units and a control supervisor); however, a control supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it appears that the number of officers involved would be insufficient to safely stop the pursuit and/or arrest the subject(s). All other officers will stay out of the pursuit but should remain alert to its progress and location. (a) All officers involved in a pursuit shall: 1. Operate their police unit with emergency lights and siren activated (Code 3). 2. Ensure their Mobile Audio Video (MAV) recording system has been activated if their vehicle is equipped with one. (b) Any officer who drops out of a pursuit may, with permission of a control supervisor, trail the pursuit to the termination point in order to provide necessary information and assistance in the arrest of the subject(s). 1. The term "trail" means to follow the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of participation in the pursuit. (c) Pursuit communications shall be handled as follows: 1. If a pursuit is confined within the City limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or communications dispatcher. 2. If a pursuit contains multiple agencies and/or leaves APD jurisdiction, Communications will determine the appropriate radio channel to use. 214.4.1 POLICE MOTORCYCLES AND UNMARKED UNITS Police motorcycles and unmarked units equipped with emergency lights and siren may initiate a pursuit; however, those officers should terminate their involvement in the pursuit immediately upon arrival of a sufficient number of distinctively marked law enforcement vehicles equipped with emergency lights and siren, or any law enforcement aircraft. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 100 Vehicle Pursuits - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

101 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits 214.4.2 POLICE UNITS WITHOUT EMERGENCY EQUIPMENT Police units not equipped with emergency lights and siren are generally prohibited from initiating or joining in a pursuit. Officer(s) in such vehicles may become involved in emergency activities involving serious crimes or life-threatening situations; however, those officers should terminate their involvement in the pursuit immediately upon arrival of a sufficient number of distinctively marked law enforcement vehicles equipped with emergency lights and siren, or any law enforcement aircraft. 214.4.3 UNITS NOT INVOLVED IN A PURSUIT There shall be no paralleling of a pursuit route by officers not authorized to be in a pursuit. (a) Officers not directly involved in the pursuit are authorized to proceed safely to controlled (b) intersections ahead of the pursuit and use emergency equipment to warn vehicular and pedestrian traffic in an effort to protect the public. Officers should remain in their assigned area and should not become involved with the pursuit unless directed otherwise by a supervisor. (c) Non-pursuing personnel needed at the termination of a pursuit should respond in the appropriate manner based on the totality of the circumstances and type of assistance needed. 214.4.4 SUPERVISORS INITIATING A PURSUIT When a supervisor initiates a pursuit, another supervisor working in the same area should (a) acknowledge the pursuit over the radio and assume responsibility as the control supervisor. 1. If a supervisor in the same area is unavailable, and no supervisor volunteers as control supervisor, Communications shall notify the nearest available field supervisor that a control supervisor is needed. Corporals serving as acting sergeants may not assume responsibility as the control supervisor in this situation. Acknowledgment by the appointed control supervisor must be made by radio. 2. The supervisor who initiates the pursuit may continue pursuing the subject vehicle until such (b) time as patrol units are able to assist, or the pursuit is terminated. 1. As authorized patrol units engage the pursuit, the initiating supervisor will allow those units to take up the first and subsequent positions behind the subject vehicle and call the pursuit. The initiating supervisor shall move to the last position behind the authorized units 2. and assume the role of control supervisor. (c) Once the initiating supervisor is in a position to assume the role of control supervisor, they shall advise Communications by radio that they are now control supervisor and the previous control supervisor shall be relieved. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 101 Vehicle Pursuits - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

102 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits The supervisor acting as control supervisor at the conclusion of the pursuit shall complete (d) all appropriate paperwork. 1. Any other supervisor who acted as control supervisor, or became involved in a supervisory capacity at any time during the pursuit, shall write a supplement documenting his involvement. 214.4.5 PURSUITS INITIATED BY OTHER LAW ENFORCEMENT AGENCIES The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this department should not participate in, join, or assume control of a pursuit initiated by another agency unless approved by a supervisor or the Watch Lieutenant. As soon as practicable, a supervisor or the Watch Lieutenant should review a request for assistance from another agency to determine if assistance will be provided. (a) At no time should a request to join or take over a pursuit from another agency that has entered this jurisdiction be granted if it violates the considerations and restrictions on vehicle pursuits outlined in this policy, with the following exceptions: 1. Authorization to participate in the pursuit may be granted for the sole purpose of ending the pursuit using TDD's, PIT or other approved devices and methods as outlined in this policy, regardless of the reason for the pursuit. 2. In the event that a pursuit from another agency terminates within this jurisdiction, approval may be given to provide appropriate assistance to officers from the allied agency including, but not limited to, scene control, containment, subject search, completion of supplemental reports, and any other assistance requested or needed. (b) Pursuit assistance to an allied agency by officers of this department should terminate at the City limits. Ongoing participation from this department may only continue with the approval of a supervisor. 214.4.6 APD PURSUITS ENTERING OTHER JURISDICTIONS Officers should request communications to notify the appropriate law enforcement agency (a) when it appears that the pursuit may enter another jurisdiction. (b) When a pursuit enters another agency's jurisdiction, the primary officer or supervisor should determine whether to request the other agency to assume the pursuit by taking into consideration distance traveled, unfamiliarity with the area, and other pertinent factors. 214.4.7 LOSS OF PURSUED VEHICLE AND SUBJECT BAILING When the pursued vehicle is lost, the primary unit should broadcast pertinent information to (a) assist other units in locating the vehicle. The control supervisor will determine if the pursuit should be terminated and whether Air Support should continue searching the area. (b) When subjects abandon the vehicle and flee on foot, the primary unit will be responsible for coordinating any further search with the permission of the control supervisor. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 102 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

103 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits 214.5 PURSUIT UNIT ROLES AND RESPONSIBILITIES This section outlines the roles and responsibilities of police units involved in a pursuit. 214.5.1 PRIMARY UNIT RESPONSIBILITIES The initial pursuing officer will be the primary pursuit unit and is responsible for the conduct of the pursuit unless unable to remain reasonably close enough to the violator's vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the subject(s) without unreasonable danger to themselves or other persons. (a) The primary unit should notify Communications on the appropriate primary channel corresponding to the area the vehicle pursuit was initiated in and, as soon as practicable, provide the following information: Reason for the pursuit. 1. Location and direction of travel. 2. Speed of the fleeing vehicle. 3. 4. Description of the fleeing vehicle and license number, if known. Number of occupants. 5. 6. The identity or description of the known occupants. 7. Evasive actions being taken by the fleeing vehicle (e.g., disregard of traffic control devices, intentional collisions, driving on the wrong side of the roadway). Information concerning the use of firearms, threat of force, injuries, hostages or other 8. unusual hazards. Unless relieved by a supervisor or secondary unit, the officer in the primary unit shall (b) be responsible for the broadcasting of the progress of the pursuit. Unless circumstances reasonably indicate otherwise, the primary unit should relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or aircraft joining the pursuit to minimize distractions and allow the primary unit to concentrate foremost on safe pursuit tactics. 214.5.2 SECONDARY UNIT(S) RESPONSIBILITIES The second officer in the pursuit is responsible for the following: (a) Immediately notify the dispatcher of entry into the pursuit. 1. Broadcast the progress of the pursuit unless the situation indicates otherwise. 2. (b) The secondary unit should remain a safe distance behind the primary unit unless directed to assume the role of primary unit (e.g., the primary unit is unable to continue the pursuit). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 103 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

104 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits 214.5.3 CONTROL SUPERVISOR RESPONSIBILITIES It is the policy of this department that supervisor control shall be exercised over all vehicle pursuits involving officers from this department. (a) The immediate supervisor (sergeant or corporal) of the officer initiating the pursuit, or if unavailable, the nearest available field supervisor (sergeant or corporal) shall assume the responsibility as the control supervisor. (b) The control supervisor is responsible for the following: 1. Upon becoming aware of a pursuit, immediately ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the pursuit in order to ensure that the pursuit is conducted within established department guidelines. 2. Engage in the pursuit when appropriate and provide on scene supervision. 3. Exercise management and control of the pursuit even if not engaged in it. 4. Ensuring that no more than the number of required police units needed are involved in the pursuit under the guidelines set forth in this policy. 5. Direct that the pursuit be terminated if, in his judgment, it is unjustified to continue the pursuit under the guidelines of this policy. 6. Ensure that aircraft assistance is requested. 7. Ensure that the proper radio channel is being used. 8. Ensure the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this agency. 9. Control and manage APD units when a pursuit enters another jurisdiction. 10. Prepare a post pursuit critique and analysis of the pursuit for training purposes. 214.5.4 COMMUNICATIONS RESPONSIBILITIES Upon notification that a pursuit has been initiated, Communications shall: (a) Broadcast an alert tone citywide to inform officers that a pursuit is in progress. Assign an incident number and log all pursuit activities. (b) Coordinate communications of the involved units and personnel. (c) Notify and coordinate with other involved or affected agencies, as needed. (d) (e) Broadcast updates and other pertinent information, as necessary. (f) Ensure that the Communications supervisor and appropriate lieutenant are notified of the pursuit. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 104 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

105 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits If the lieutenant over the area where the pursuit initiated is unavailable or does not 1. respond in a timely manner, the nearest available lieutenant shall be contacted. (g) Notify the Watch Lieutenant as soon as practicable. Dispatchers shall keep other areas of the city advised if the pursuit is likely to enter or cross (h) into multiple areas. Upon verbal confirmation that a pursuit has been terminated, Communications shall again (i) broadcast the designated citywide alert tone signifying the pursuit has been terminated. 214.5.5 AIR SUPPORT RESPONSIBILITIES Once the Air Unit has established visual contact with the pursued vehicle and is capable, it should start calling the actions of the pursuit to allow ground units to focus on driving. The primary and secondary ground units should consider the participation of aircraft assistance when determining whether to continue the pursuit. The Air Unit should coordinate the activities of resources on the ground, report progress of (a) the pursuit and provide officers and supervisors with details of upcoming traffic congestion, road hazards or other pertinent information to evaluate whether to continue the pursuit. If ground units are not within visual contact and the Air Unit determines that it is unsafe to continue the pursuit, the Air Unit should recommend terminating the pursuit. (b) Once a vehicle pursuit has been terminated, the Tactical Flight Officer may request permission from the control supervisor to allow the Air Unit to track the subject. If permission is granted to track, the Air Unit will advise location and any pertinent information relative to the safety of the public. If the Air Unit indicates that the subject vehicle has stopped, the control supervisor may authorize ground units to proceed to the vehicle location. The control supervisor shall determine the manner in which units respond. 1. If the control supervisor denies permission to track, the Air Unit will break off all contact with the subject. If the Air Unit determines, in the interest of safety, that it can no longer assist or 2. continue tracking the subject, the Air Unit shall notify the control supervisor. 214.5.6 WATCH LIEUTENANT RESPONSIBILITIES Upon becoming aware that a pursuit has been initiated, the Watch Lieutenant should monitor and continually assess the situation. 214.6 APPROVED PURSUIT INTERVENTION AND TERMINATION TACTICS Any approved tactic, depending upon the conditions and circumstances under which it is used, may present dangers to the officers, the public, or anyone in the vehicle being pursued. It is imperative that officers act within the bounds of legality, good judgment, accepted practices, and policy. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 105 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

106 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits (a) Certain applications of intervention and termination tactics may be construed to be a use of force, including deadly force, and are subject to Department policies guiding such use and reporting. (b) In deciding whether to use an approved tactic, officers and supervisors should balance the risks of allowing the pursuit to continue with the potential hazards arising from the use of each tactic to the public, the officers, and subjects in or on the pursued vehicle. With these risks in mind, the decision to use any tactic should be reasonable in light of the circumstances apparent to the officer at the time of the decision. (c) Unless exigency exists, the use of intervention tactics should be employed only after approval of a supervisor. 214.6.1 USE OF FIREARMS Officers should exercise good judgment and not place themselves in the path of a moving vehicle since doing so may increase the likelihood of having to resort to the use of deadly force. (a) Unless it reasonably appears that it would endanger officers or the public, officers are expected to move out of the path of any approaching vehicle. (b) Officers shall adhere to the guidelines set forth in Policy 202 (Firearm Discharge Situations) in regards to the discharge of a firearm at or from a moving vehicle. 214.6.2 TIRE DEFLATION DEVICE (TDD) The use of a Tire Deflation Device (TDD) should be approved in advance by the control supervisor and deployed only when it is reasonably apparent that only the pursued vehicle will be affected by their use. Officers should carefully consider the limitations of such devices as well as the potential risks to officers, the public and occupants of the pursued vehicle. If the pursued vehicle is transporting hazardous materials, or a school bus transporting children, officers and supervisors should weigh the potential consequences against the need to immediately stop the vehicle. TDD's shall not be used when a motorcycle is involved in the pursuit. (a) TDD Deployment (b) Only officers who have received and successfully completed Department approved 1. training in the application and use of an approved TDD shall use this intervention tactic. 2. The following scenarios require supervisor approval prior to TDD deployment: The fleeing vehicle has made overt attempts to strike any other vehicles, (a) persons, or structure during the pursuit, or (b) There is a reasonable belief that the suspect is armed (independent witness claims, self-admittance, multiple victim statements, etc.) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 106 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

107 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits Officers who are driving units equipped with a TDD and are authorized to deploy the 3. TDD may proceed Code 3 to a location likely to be in path of the pursuit. 4. TDD units shall advise Communications when they have reached the deployment site and give their location. Prior to deploying TDD officers shall consider the following: 5. The need to continue pursuit versus terminating the pursuit in the event the (a) deployment of TDDs are ineffective; The risk to the public or pursuing law enforcement vehicles caused by the (b) deployment of the TDD; and, The hazard to the occupants of the pursued vehicle. (c) 6. After a deployment site has been established, the control supervisor may authorize other units to operate Code 3 in order to channel the fleeing vehicle to this location. Channeling may include blocking freeway exits and/or major side streets. (a) (b) Police units shall not attempt to make a fleeing vehicle take any action other than continuing straight on the road upon which it is already traveling. (c) Police units shall activate all emergency lighting while blocking exits or streets. 7. The officer calling the pursuit shall broadcast the identity of the target vehicle to the TDD unit when the pursuit approaches the deployment site. The information should include details of the vehicle such as license plate, color, make and model. (a) The target vehicle should be visually confirmed by the TDD unit to reduce errors in deployment. (b) All pursuing units should maintain at least a three to five second gap behind the target vehicle to allow sufficient time for the setup and retrieval of the TDD. Pursuing vehicles should proceed cautiously upon approaching and crossing (c) the TDD site. 214.6.3 PRECISION IMMOBILIZATION TECHNIQUE The use of the PIT should be approved in advance by the control supervisor. Officers and supervisors should weigh the need to immediately stop the vehicle based on the driving behavior and risk to the public. versus apprehension of the suspect, or termination of the pursuit. (a) PIT shall not be performed on the following vehicles: 1. Motorcycle. All-Terrain Vehicle. 2. 3. Vehicles pulling trailers. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 107 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

108 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits 4. Tractor trailers. Large Motor homes. 5. Vehicle's carrying known hazardous materials. 6. (b) Special PIT Considerations 1. If known, the use of PIT should generally be avoided in the following situations: 1. Pickup truck with passengers in the bed. StarChase equipped vehicles should not normally be used to perform PIT. 2. PIT Application (c) The primary unit involved in a pursuit may attempt to utilize the PIT to end a pursuit 1. provided the risks to the public outweigh the risks of continuing the pursuit. (a) The primary unit will be certified to perform the PIT. If the primary unit is not certified, the control supervisor will authorize a PIT certified officer to move to the front of the other police vehicles to perform the PIT. Other units involved in the pursuit will assist with the Tactical Vehicle Containment 2. once the PIT is performed. If additional units are utilized in the pursuit, they are responsible for (a) immediately notifying the dispatcher of their entry into the pursuit. 3. Prior to deploying PIT officers shall: (a) Give the operator of the suspect vehicle a reasonable opportunity to stop and comply with police authority. Ensure that there are at least two additional units in the pursuit. (b) Consider the risk to the public and suspect from utilizing the PIT, versus (c) terminating the pursuit. (d) Advise communications and the officers involved in the pursuit that he/ she is going to attempt the PIT by using the phrase "PIT, PIT, PIT" and identify whether or not the Tactical Vehicle Containment (TVC) is a "two" or "three" vehicle containment. Under normal circumstances, a PIT maneuver at speeds above 40 mph (e) should not be applied. However, if exigent circumstances exist, higher speeds may be authorized with supervisor approval. At the conclusion of a successful PIT application. tactical vehicle containment (f) procedures shall be used by all officers when practical. (d) Reporting PIT Any attempt or use of PIT against another vehicle shall be documented in the related 1. incident report/supplements. For the purposes of reporting and review: 2. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 108 Vehicle Pursuits - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

109 7/20/2017 Issued 2017-1.5 Manual APD Policy Austin Police Department Policy Manual Vehicle Pursuits PIT is a Level 2 force incident, unless the PIT results in serious bodily injury (a) or death. (b) PIT is a Level 1 force incident if the PIT results in serious bodily injury or death. Post PIT Requirements (e) The Special Investigations Unit shall be called to all crashes resulting in serious 1. bodily injury or death as a result of PIT. 2. A CR-3 is not required after the utilization of the PIT unless there is damage to third- party property. In the event of third-party property damage as a result of a PIT, an incident title code "crash/city vehicle" (3651) will be included in the report with the following documentation included in the SharePoint Incident Review Packet (IRP): (a) A CR-3, (b) A large, not to scale, diagram, and Digital photographs of the scene/including damage to vehicle(s)/person(s). (c) 214.6.4 LOW SPEED INTERVENTION Other than an approved usage of PIT, police vehicles shall not be used to physically force a pursued vehicle off the roadway or to a stop, or to otherwise change its direction of travel or alter unless : its speed stop or near stop ; and The pursued vehicle is at a (a) (b) The police vehicle is maneuvering at low speed; and (c) Doing so would reduce or eliminate the risk associated with the pursuit continuing. Before engaging in such actions, officers must consider the unintended consequences of the low speed intervention and recognize that a better course of action may be to terminate the pursuit altogether. 214.6.5 STARCHASE PURSUIT MANAGEMENT SYSTEM The StarChase system allows an officer to remotely affix a GPS tracking device to a pursued (or about to be pursued) vehicle using an air pressure system to discharge the tracker from the front of the StarChase equipped patrol car to the vehicle in front of it. Once the tracker is affixed, its location can be tracked by an employee (StarChase Monitor) using a computer with an internet connection. This concept is similar to a RAT/GPS. For the purpose of clarity of communications, radio traffic should identify the device as (a) "StarChase". (b) StarChase equipment in the patrol vehicle will only be operated by officers who have been trained in its use. StarChase equipped vehicles will not be assigned to officers who are not trained on its use unless required by exigent circumstances. (c) Except as specified below, officers shall use their own judgment regarding affixing a StarChase tag upon a vehicle and do not need prior approval from a supervisor: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 109 Vehicle Pursuits - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

110 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits All safety decisions related to the discharge of a StarChase tag rest with the operating 1. officer. While supervisors may direct or approve the deployment of a StarChase equipped patrol car that is involved in the discharge of a tag, safety decisions related to passing other involved vehicles and the actual discharge of the device rest solely upon the operating officer whose decisions must take into account the guidelines contained in policy. In accordance with policy, the safety of officers, uninvolved persons and persons inside the targeted vehicle shall be considered. The following decisions are specifically included: Whether the officer can safely maneuver close enough to the suspect vehicle (a) to come within targeting range. Whether the officer can safely pass any other vehicle involved in the pursuit. (b) (c) Whether any circumstance would indicate the device would not work (e.g. weather conditions, suspect vehicle weaving, etc.) (d) StarChase equipped patrol cars, with approval from a supervisor, are authorized to respond Code 3 to join a pursuit for potential use of the device. Unless directed otherwise, the StarChase equipped vehicle will join the pursuit at the 1. rear of authorized pursuing vehicles until cleared to pass. Once a StarChase equipped vehicle joins a pursuit, it becomes an authorized unit 2. as it relates to the number of authorized pursuing vehicle. 3. StarChase equipped vehicles may pass other pursuing vehicles only when deemed safe and only with specific permission from the unit to be passed. Permission is to be sought and acknowledged one passing at a time. Officers driving the StarChase equipped vehicle will identify which side of the overtaken vehicle they will pass. StarChase tags will be deployed in accordance with training. (e) 1. Once the StarChase tag has been successfully deployed, pursuing vehicles should normally drop back significantly from the suspect vehicle. 2. Officers will maintain constant communication with the StarChase Monitor for speed/ direction/location updates of the suspect vehicle. The Control Supervisor will coordinate with the StarChase Monitor to direct resources 3. and officers to appropriate locations to apprehend the suspect. No officer who is driving a moving patrol car will access the StarChase Monitor data 4. as this creates an unnecessary hazard. Tactical Considerations (f) 1. The StarChase tag will not normally be deployed in the following situations unless the suspect poses a substantial risk to the public: (a) During heavy rain. While driving on exceptionally rough terrain. (b) (c) On a motorcycle. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 110 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

111 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits When pedestrians are between or very near the suspect vehicle and the (d) StarChase equipped vehicle. (g) In addition to the normal pursuit reporting procedures required by policy, Officers who use the StarChase system will report all tag deployments to the Police Technology Unit by sending an email to [email protected] 214.7 REPORTING AND REVIEW REQUIREMENTS 214.7.1 INVOLVED OFFICER(S) RESPONSIBILITY All officers involved in the pursuit will write a detailed incident report or supplement and ensure their MAV media is correctly classified. This includes the primary officer initiating the pursuit, any secondary officer(s), and any additional officer(s) who assisted with the pursuit (e.g., Officers using a TDD, Air Support). 214.7.2 CONTROL SUPERVISOR RESPONSIBILITIES The control supervisor shall review the involved officers' incident report for accuracy and completeness, and: (a) Complete an Incident Review Packet on SharePoint filling in all applicable fields to include: All pertinent information relating to the vehicle pursuit, 1. The findings of the supervisor investigation, and 2. 3. Any training issues or policy violations on the part of the involved officer(s), if applicable. (b) Create an electronic folder with the case number in the folder G:\Digital Incident Review Folder containing all supporting documentation. Supporting documentation includes but is not limited to: Digital photographs of any injuries suffered by any party and any property damage, 1. Copies of the Incident and supplement reports from all involved officers, 2. CAD call history, 3. Audio WAV files of the radio communications, 4. 5. Crash report and diagrams, if applicable, and Copies of all-audio and/or video media of the vehicle pursuit, to include body worn 6. camera (BWC) footage. Supervisors shall identify the applicable MAV information in the SharePoint IRP. Supervisors are not required to provide a digital copy of the audio/video media from a DMAV in car system. (c) Forward the electronic link(s) to the SharePoint IRP and the digital incident review folder to the involved employee’s chain-of-command, up to the lieutenant, for review. 214.7.3 LIEUTENANT RESPONSIBILITIES After receiving notification and link(s) to the SharePoint IRP and digital incident review folder the lieutenant or designee shall: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 111 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

112 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Pursuits Review the SharePoint IRP, MAV media and supporting documentation in the digital incident (a) review folder for completeness and accuracy. (b) Complete the appropriate Lieutenant fields in the SharePoint IRP as follows: Provide a critique of the vehicle pursuit in the Lieutenant Review field. 1. Provide a preliminary determination whether the vehicle pursuit appears to be in 2. compliance with this policy or if additional review and/or follow-up are warranted. Forward the link(s) to the SharePoint IRP and digital incident review folder to the (c) commander(s) of all involved officers. 214.7.4 COMMANDER RESPONSIBILITIES (a) If the initiating officer's commander determines that the pursuit falls within policy guidelines, he shall enter comments reflecting that determination in the Commander Review field in the SharePoint IRP. If the initiating officer's commander determines that the pursuit violates policy guidelines, (b) he shall ensure that appropriate corrective actions are taken. Notification of the corrective action taken shall be made to their Assistant Chief. (c) If the pursuit resulted in death or serious bodily injury the pursuit packet link shall be forwarded via email to the chairperson of the Force Review Board. 214.8 DEATH OR SERIOUS BODILY INJURY DURING PURSUITS The Vehicular Homicide Unit shall forward pursuit packet link via email to the chairperson of the Force Review Board when the pursuit resulted in death or serious bodily injury. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Pursuits - 112 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

113 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 215 Foot Pursuits 215.1 PURPOSE AND SCOPE Foot pursuits are inherently dangerous and require common sense, sound tactics, and heightened officer safety awareness. This policy sets forth guidelines to assist officers in making the decision to initiate or continue the pursuit of subjects on foot. 215.1.1 POLICY It is the policy of this department when deciding to initiate or continue a foot pursuit that officers must continuously balance the objective of apprehending the subject with the risk and potential for injury to department personnel, the public, or the subject. Officers are expected to act reasonably based on the totality of the circumstances. Absent exigent circumstances, the safety of department personnel and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a subject is rarely more important than the safety of the public and Department personnel. 215.2 DECISION TO PURSUE Officers may be justified in initiating a foot pursuit of any individual the officer reasonably believes is about to engage in, is engaging in, or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time. Mere flight by a subject who is not suspected of criminal activity shall not serve as the sole justification for engaging in a foot pursuit without the development of reasonable suspicion regarding the individual's involvement in criminal activity. Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits potentially place department personnel and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved. If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing subjects. In deciding whether to initiate or continue a foot pursuit, an officer should continuously consider reasonable alternatives to pursuit based upon the circumstances and resources available, such as the following: Containment of the area. (a) (b) Canine search. Saturation of the area with patrol personnel. (c) (d) Air support. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 113 Foot Pursuits - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

114 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foot Pursuits Apprehension at another time when the identity of the subject is known or there is information (e) available that would likely allow for later apprehension, and the need to immediately apprehend the subject does not reasonably appear to outweigh the risk of continuing the pursuit. 215.3 FOOT PURSUIT CONSIDERATIONS An order by a supervisor to terminate a foot pursuit shall be promptly obeyed. Officers should consider alternatives to engaging in or continuing a foot pursuit under the following conditions: (a) When the officer is acting alone. (b) When two or more officers become separated, lose visual contact with one another or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the subject in sight from a safe distance and coordinate the containment effort. The officer is unsure of his location and direction of travel. (c) (d) When pursuing multiple subjects and the pursuing officers do not reasonably believe that they would be able to control the subjects should a confrontation occur. (e) When the physical condition of the officers renders them incapable of controlling the subject if apprehended. When the officer loses radio contact with Communications or with backup officers. (f) (g) When the subject enters a building, structure, confined space, or a wooded or otherwise isolated area and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the pursuit and coordinating containment pending the arrival of sufficient officers. (h) The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to officers or the public. (i) The officer reasonably believes that the danger to the pursuing officers or to the public outweighs the objective of immediate apprehension. The officer loses possession of his firearm or other essential equipment. (j) The officer or a third party is injured during the pursuit, requiring immediate assistance and (k) there are no other emergency personnel available to render aid. The subject's location is no longer definitely known. (l) (m) The identity of the subject is established or other information exists that will allow for the subject's apprehension at a later time, and it reasonably appears that there is no immediate threat to department personnel or the public if the subject is not immediately apprehended. (n) The officer's ability to safely continue the pursuit is impaired by inclement weather, darkness, or other conditions. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Foot Pursuits - 114 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

115 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foot Pursuits 215.4 RESPONSIBILITIES IN FOOT PURSUITS 215.4.1 INITIATING OFFICER RESPONSIBILITIES Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for coordinating the progress of the pursuit. Early communication of available information from the involved officers is essential so that (a) adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should broadcast the following information as soon as it becomes practicable and available: Unit identifier. 1. 2. Location and direction of travel. 3. Reason for the foot pursuit. 4. Number of subjects and description. Whether the subject is known or believed to be armed. 5. (b) Officers are reminded that radio transmissions made while running may be difficult to understand and may need to be repeated. (c) Absent extenuating circumstances, any officer unable to promptly and effectively broadcast this information should terminate the pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources. (d) When a foot pursuit terminates, the officer shall notify Communications of his location and the status of the pursuit termination (e.g., subject in custody, lost sight of subject), and shall direct further actions as reasonably appear necessary. 215.4.2 ASSISTING OFFICER RESPONSIBILITIES Whenever any officer announces that he is engaged in a foot pursuit, all other officers should minimize non-essential radio traffic to permit the involved officers maximum access to the radio frequency. Officers in a position to intercept a fleeing subject, or who can assist the primary officer with the containment or apprehension of the subject, shall act reasonably and in accordance with Department policy based upon available information and their own observations. 215.4.3 CONTROL SUPERVISOR RESPONSIBILITY It is the policy of this department that supervisor control shall be exercised over all foot pursuits involving officers from this department. (a) The immediate supervisor of the officer initiating the foot pursuit, or if unavailable, the nearest available field supervisor shall assume the responsibility as the control supervisor. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Foot Pursuits - 115 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

116 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foot Pursuits Corporals serving as acting sergeants shall assume the responsibility as the control (b) supervisor during a foot pursuit initiated in their area if no other sergeant is on-duty or immediately available in that area; however, corporals may not be the control supervisor when a sergeant initiates a foot pursuit. The control supervisor is responsible for the following: (c) 1. Upon becoming aware of a foot pursuit, immediately ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the foot pursuit in order to ensure that the foot pursuit is conducted within established department guidelines. Proceed to the area of the foot pursuit and provide on scene supervision. 2. 3. Exercise management and control of the foot pursuit even if not on scene. Ensure that a perimeter is established by responding officers to ensure containment 4. of the suspect. 5. Direct that the foot pursuit be terminated if, in his judgment, it is unjustified to continue the foot pursuit under the guidelines of this policy. Ensure that aircraft and K-9 assistance is requested. 6. Prepare a post foot pursuit critique and analysis of the foot pursuit for training 7. purposes. 215.4.4 WATCH LIEUTENANT RESPONSIBILITIES Upon becoming aware that a foot pursuit has been initiated, the Watch Lieutenant should monitor and continually assess the situation. 215.4.5 COMMUNICATIONS RESPONSIBILITIES Upon notification that a foot pursuit has been initiated, Communications shall: (a) Assign an incident number and log all foot pursuit activities. (b) Coordinate communications of the involved units and personnel. Notify and coordinate with other involved or affected agencies, as needed. (c) Broadcast updates and other pertinent information, as necessary. (d) (e) Ensure that the Communications supervisor and appropriate lieutenant are notified of the foot pursuit. 1. If the lieutenant over the area where the foot pursuit initiated is unavailable or does not respond in a timely manner, the nearest available lieutenant shall be contacted. (f) Notify the Watch Lieutenant as soon as practicable. (g) Dispatchers shall keep other areas of the city advised if the foot pursuit is likely to enter or cross into multiple areas. Upon verbal confirmation that a foot pursuit has been terminated, Communications shall (h) again broadcast the foot pursuit has been terminated. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Foot Pursuits - 116 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

117 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foot Pursuits 215.5 REPORTING AND REVIEW REQUIREMENTS 215.5.1 INVOLVED OFFICER RESPONSIBILITY The initiating officer will write a detailed incident report or supplement and ensure their MAV media is correctly classified. This includes the primary officer initiating the pursuit, any secondary officer(s) assisting in the apprehension or detention of any subjects, and any additional officer(s) who assisted with the foot pursuit (e.g., K-9, Air Support). 215.5.2 CONTROL SUPERVISOR RESPONSIBILITIES The control supervisor shall review the involved officers’ incident report(s) for accuracy and completeness, and (a) Complete an Incident Review Packet on SharePoint filling in all applicable fields to include: All pertinent information relating to the foot pursuit, 1. 2. The findings of the supervisor investigating, and 3. Any training issues or policy violations on the part of the involved officer(s), if applicable. (b) Create an electronic folder with the case number in the folder G:\Digital Incident Review Folder containing all supporting documentation. Supporting documentation includes but is not limited to: Digital photographs of any injuries suffered by any party and any property damage, 1. 2. Copies of the incident and supplemental reports from all involved officers, CAD call history, 3. 4. Audio WAV files of the radio communication, and Copies of all-audio and/or video media of the foot pursuit, to include body worn 5. camera (BWC) footage. Supervisors shall identify the applicable MAV information in the SharePoint IRP. Supervisors are not required to provide a digital copy of the audio/video media from a DMAV in car-system. Forward the electronic link(s) to the SharePoint IRP and the digital incident review folder to (c) the involved employee’s chain of command, up to the Lieutenant, for review. 215.5.3 LIEUTENANT RESPONSIBILITIES After receiving notification and link(s) to the SharePoint IRP and digital incident review folder the lieutenant or designee shall: (a) Review the SharePoint IRP, MAV media and supporting documentation in the digital incident review folder for completeness and accuracy. Complete the appropriate lieutenant fields in the SharePoint IRP as follows: (b) 1. Provide a critique of the foot pursuit in the Lieutenant Review field. 2. Provide a preliminary determination whether the foot pursuit appears to be in compliance with this policy or if additional review and/or follow-up are warranted. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Foot Pursuits - 117 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

118 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foot Pursuits Forward the link(s) to the SharePoint IRP and digital incident review folder to the (c) commander(s) of all involved officers. 215.5.4 COMMANDER RESPONSIBILITIES (a) If the initiating officer's commander determines that the foot pursuit falls within policy guidelines, he shall enter comments reflecting that determination in the Commander Review field in the SharePoint IRP. (b) If the initiating officer's commander determines that the foot pursuit violates policy guidelines, he shall ensure that appropriate corrective actions are taken. If the pursuit resulted in death or serious bodily injury the foot pursuit packet link(s) shall be (c) forwarded to the chairperson of the Force Review Board. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Foot Pursuits - 118 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

119 Policy 7/20/2017 Issued 2017-1.5 Manual APD Austin Police Department Policy Manual Chapter 3 - Field Operation, Custody, and Traffic Enforcement Guidelines Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Field Operation, Custody, and Traffic Published with permission by Austin Police Department Enforcement Guidelines - 119 APD Policy Manual 2017-1.5 Issued 7/20/2017

120 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 300 Patrol Function 300.1 PURPOSE AND SCOPE The purpose of this policy is to define the functions of the patrol unit of the Department to ensure intra-department cooperation and information sharing. 300.1.1 FUNCTION Officers will generally patrol in clearly marked vehicles, patrol assigned jurisdictional areas of Austin, respond to calls for assistance, act as a deterrent to crime, enforce state and local laws and respond to emergencies 24 hours per day seven days per week. Patrol will generally provide the following services within the limits of available resources: Patrol that is directed at the prevention of criminal acts, traffic violations and collisions, the (a) maintenance of public order and the discovery of hazardous situations or conditions. Crime prevention activities such as residential inspections, business inspections and (b) community presentations. (c) Calls for service, both routine and emergency in nature. Investigation of both criminal and non-criminal acts. (d) (e) The apprehension of criminal offenders. (f) Community oriented policing and problem solving activities such as citizen assists and individual citizen contacts of a positive nature. The sharing of information between the Patrol and other bureau within the Department, as (g) well as other outside governmental agencies. The application of resources to specific problems or situations within the community, which (h) may be improved or resolved by community oriented policing and problem solving strategies. (i) Traffic direction and control. 300.1.2 TERRORISM It is the goal of the Austin Police Department to make every reasonable effort to accurately and appropriately gather and report any information that may relate to either foreign or domestic terrorism. Officers should advise a supervisor as soon as practicable of any activity believed to be terrorism related and should document such incidents with a written report or Field Interview (FI). The supervisor should ensure that all terrorism-related reports and FIs are forwarded to Strategic Intelligence Unit in a timely fashion. 300.2 PATROL INFORMATION SHARING PROCEDURES The following guidelines are intended to develop and maintain intra-department cooperation and information flow between the various bureaus of the Austin Police Department. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Patrol Function - 120 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

121 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Patrol Function 300.2.1 CRIME ANALYSIS UNIT The Crime Analysis Unit (CAU) will be the central unit for information exchange. Criminal information and intelligence reports can be submitted to the Central Records for distribution to all bureaus within the Department through daily and special bulletins. 300.2.2 CRIME REPORTS A crime report may be completed by any patrol officer who receives criminal information. The report will be processed and forwarded to the appropriate bureau for retention or follow-up investigation. 300.2.3 PATROL BRIEFINGS Patrol supervisors, detective sergeants and special unit sergeants are encouraged to share information as much as possible. All supervisors and/or officers will be provided an opportunity to share information at the daily patrol briefings as time permits. 300.2.4 INFORMATION CLIPBOARDS Several information clipboards will be maintained in the briefing room and will be available for review by officers from all bureaus within the Department. These will include, but not be limited to, the patrol check clipboard, the wanted persons clipboard and the written directive clipboard. 300.2.5 BULLETIN BOARDS A bulletin board will be kept in the briefing room and the Investigation Unit for display of suspect information, intelligence reports and photographs. New Special Orders will be made available for patrol supervisors and will be discussed at briefings and shift meetings. A copy of the Special Order will be placed on the briefing room clipboard. 300.3 CROWDS, EVENTS AND GATHERINGS Officers may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention. Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns. Officers should consider enforcement of applicable state and local laws, such as Tex. Penal Code § 42.03 (Obstructing Highway or Other Passageway), when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Patrol Function - 121 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

122 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 301 Responsibility to the Community 301.1 PURPOSE AND SCOPE All persons deserve protection by fair and impartial law enforcement and should be able to expect similar police response to their behavior wherever it occurs. Employees will serve the public through direction, counseling, assistance, and protection of life and property. Employees will be held accountable for the manner in which they exercise the authority of their office or position. Employees will respect the rights of individuals and perform their services with honesty, sincerity, courage, and sound judgment. 301.2 IMPARTIAL ATTITUDE AND COURTESY Employees are expected to act professionally, treat all persons fairly and equally, and perform all duties impartially, objectively, and equitably without regard to personal feelings, animosities, friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual orientation, gender identity or gender expression or social or ethnic background. (a) Employees will not express or otherwise manifest any prejudice concerning race, religion, national origin, age, political affiliation, sex, or other personal characteristics in the performance of their duties. 1. Employees will respect the rights of individuals and will not engage in discrimination, oppression, or favoritism whether by language, act, or omission. 2. The use of racial or ethnic remarks, slurs, epithets, words or gestures, which are derogatory or inflammatory in nature to or about any person or group of persons is strictly prohibited. (b) Employees will be tactful in the performance of their duties, control their tempers, exercise patience and discretion, and shall not engage in argumentative discussions even in the face of extreme provocation. (c) Employees will make every effort to be courteous and respectful toward all persons. 301.3 CUSTOMER SERVICE AND COMMUNITY RELATIONS APD constantly works to establish direct contacts with the community we serve. Without grassroots community support, successful enforcement of many laws may be difficult, if not impossible. Community involvement can be an effective means of eliciting public support, can serve to identify problems in the making, and may foster cooperative efforts in resolving community issues. Input from the community can also help ensure that agency policies accurately reflect the needs of the community. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 122 Responsibility to the Community - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

123 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Responsibility to the Community The conduct of each employee reflects on the agency as a whole and the burden of achieving (a) the agency's community relations objectives is shared. A unified, coordinated effort requires the participation, enthusiasm, and skills of all agency personnel. (b) Employees will extend reasonable assistance to the public when called upon. Employees must not neglect community services in the belief that the police function is restricted to crime control. 301.3.1 COMMUNITY INVOLVEMENT AND RECRUITMENT PROGRAMS (a) Police-Community cooperation can be obtained through open channels of communications, thus allowing for the discussion of concerns and problem areas within the community. All avenues must be utilized in promoting the respect and cooperating of the public with the police including, but not limited to: 1. Establishing liaisons with existing community organizations or establishing community groups where they are needed. 2. Assisting in the development of community involvement policies for the agency. 3. Publicizing agency objectives, community problems, and successes. Conveying information transmitted from citizens' organizations to the agency. 4. Improving agency practices bearing on police community interaction. 5. 6. Developing problem oriented or community policing strategies. (b) Employees should actively conduct or participate in APD's recruitment program. Employees should encourage all qualified individuals to seek a career with the Department and direct them to contact APD's Recruiting or HR Division. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Responsibility to the Community - 123 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

124 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 302 Public Recording of Official Acts 302.1 PURPOSE AND SCOPE The Austin Police Department recognizes that members of the general public have a First Amendment right to video record. photograph, and/or audio record APD officers while they are conducting official business or while acting in an official capacity in any public space, unless such recordings interfere with police activity. 302.2 INTERACTION WITH COMMUNITY Officers are reminded that photography, including videotaping, of places, buildings, (a) structures and events are common and normally lawful activities. If a person is taking photographs or recording from a place where he or she has a right 1. to be, officers are reminded that this activity by itself does not constitute suspicious conduct. In areas open to the public, officers shall allow bystanders the same access for photography (b) as is given to members of the news. Officers shall be aware that: A bystander has the same right to take photographs or make recordings as a member 1. of the media, as long as the bystander has a legal right to be present where he or she is located. A bystander has the right under the First Amendment to observe and record officers 2. in the public discharge of their duties. 3. Public settings include parks, sidewalks, streets, and locations of public protests; but that protection extends also to an individual's home or business, common areas of public and private facilities and buildings, and any other public or private facility at which the individual has a legal right to be present. The fact that a bystander has a camera or other recording device does not, however, 4. entitle the bystander to cross a police line, to enter an area that is closed to the public, or to enter any area designated as a crime scene. As long as the photographing or recording takes place in a setting at which the individual (c) has a legal right to be present and does not interfere with an officer's safety or lawful duties, officer's shall not inform or instruct people that photographing or recording of police officers, police activity or individuals who are the subject of police action (such as a Terry stop or an arrest) is not allowed; requires a permit; or requires the officer's consent. Additionally, officers shall not: Order that person to cease such activity; 1. 2. Demand that person's identification; Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 124 Public Recording of Official Acts - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

125 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Public Recording of Official Acts Demand that the person state a reason why he or she is taking photographs or 3. recording; 4. Detain that person; Intentionally block or obstruct cameras or recording devices; or 5. 6. In any way threaten, intimidate or otherwise discourage an individual from recording officer's enforcement activities. (d) Nothing in this policy prohibits officers from questioning or detaining individuals they reasonably suspect have committed, are committing, or are about to commit any crime. (e) Officers are reminded that a person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law. 1. If a person is photographing or recording police activity from a position that impedes or interferes with the safety of officers or their ability to perform their duties, an officer may direct the person to move to a position that will not interfere. However, an officer shall not order the person to stop photographing or recording. 2. If a person is photographing or recording police activity from a position that impedes or threatens the safety of members of the public, the officer shall direct the person to move to a safe position. However, officers shall not order the person to stop photographing or recording. 3. A person's recording of officer's activity from a safe distance, and absent any attendant action that obstructs the activity or threatens the safety of the officers, does not constitute interference. 4. A person has the right to express criticism of the police activity being observed. As long as that expression does not jeopardize the safety of any officer, suspect or bystander; and so long as that expression does not violate the law or incite others to violate the law, the expression does not constitute interference. (f) Evidence on a Camera or Recording Device 1. If an officer has probable cause to believe that a camera or other recording device contains images or sounds that are evidence of criminal acts, the officer shall request that the person either: (a) allow the officer to listen to or view the recording Voluntarily provide the device or recording medium (e.g., the memory chip) (b) to the officer; or (c) Where possible and practicable, and in the presence of the officer, voluntarily transmit the images or sound via electronic mail to the officer's official government electronic mail account. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 125 Public Recording of Official Acts - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

126 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Public Recording of Official Acts Consent to view or take possession of a recording device or medium must be (d) given voluntarily and in accordance with APD policy 306.4 Consent to Search. 2. If the person provides the device or recording medium to the officer, the officer shall: Exercise due care and caution with any of the individual's property or (a) electronic device(s); (b) Enter the item into evidence (c) Document the officer's request and the individual's response in the narrative of the report (d) Contact the on-call Detective responsible for the highest charge and notify them of the media evidence. Officers shall not attempt to view, download, or otherwise access any material contained on the device. 3. If the individual declines to voluntarily provide the device or recording medium, or to electronically transmit the sound and/or images where possible and practicable, and the officer believes that exigent circumstances exist insofar as the evidence of criminal activity will be lost absent an immediate seizure of the device, the officer shall take control of the device and contact a supervisor The Supervisor shall, in consultation with the officer, determine whether (a) exigent circumstances permit the seizure of the device without a warrant. Warrantless seizure is permissible only when: 1. There is probable cause to believe that the property holds contraband or evidence of a crime; and The exigencies of the circumstances demand it or some other 2. recognized exception to the warrant requirement is present. (g) Viewing/Listening to Evidence on a Camera or Recording Device 1. Absent exigent circumstances, officers shall obtain a search warrant before viewing photographs or listening to recordings on a camera or memory chip that has been seized as evidence. In exigent circumstances, where there is reason to believe that an immediate search 2. of the seized material is necessary to prevent death or injury, officers shall contact a supervisor for authorization to review photographs or recordings without a warrant. Photographs or recordings that have been seized as evidence and are not directly 3. related to the exigent purpose shall not be reviewed. (h) Officers shall not, under any circumstances, erase or delete, or instruct or require any other person to erase or delete, any recorded images or sounds from any camera or other recording. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 126 Public Recording of Official Acts - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

127 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 303 Body Worn Camera Systems 303.1 PURPOSE AND SCOPE The use of Body Worn Camera (BWC) system provides an unbiased audio/video recording of events that employees encounter. These recordings can be useful for the documentation of evidence, the preparation of offense reports, and future court testimony. BWC systems can improve community relations and deter inappropriate conduct by both the members of the public and the police department. This policy covers the use of the Department issued and personally owned BWC systems. This policy does not cover the use of surreptitious recording devices used in undercover operations. 303.2 DEPARTMENT ISSUED BODY WORN CAMERA Employees equipped with a department issued BWC system must be trained in the operation (a) of the equipment prior to its use. BWC equipment will be used in accordance with department training and the BWC operations manual. Employees will test the BWC equipment at the commencement of their tour of duty. (b) (c) Employees will classify the video as '10-41'. The BWC equipment test will consist of employees recording the following: (d) 1. Employee name; and 2. Employee number; and 3. The current date and time. Employees will review the recording to verify the BWC microphone is operational, and the (e) date and time is accurate. Employees who discover an operational defect with the BWC system will attempt to correct (f) the system following the received training on the device (I.E.: Reseating cables, Cycling the power, etc.). If the BWC is found to have a physical defect or malfunction, the Employee will notify the supervisor, and write up the device for service describing the events leading up to failure. (g) Employees shall not: Bypass or attempt to override the equipment. 1. Erase, alter, or delete any recording produced by the BWC. 2. 303.2.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED This section is not intended to describe every possible situation where the system may be used. In some circumstances it may not be possible to capture images of an incident due to conditions or location of the camera, however the audio portion can be valuable evidence and is subject to the same activation requirements. The BWC should only be activated for law enforcement purposes. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 127 Body Worn Camera Systems - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

128 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Body Worn Camera Systems All units responding to a scene shall activate their department issued BWC equipment when (a) they: 1. Arrive on-scene to any call for service; or Have detained or arrested a person; or 2. 3. Are attempting to detain or arrest a person; or By the nature of the call for service, are likely to detain or arrest a person; or 4. 5. Any consensual contact in which the officer or a citizen believes activation of the BWC would be in the best interest of the community. (b) Examples of when the department issued BWC system must be activated include, but are not limited to: 1. Traffic stops 2. Foot pursuits, until completion of enforcement action DWI investigations including field sobriety tests 3. Warrant service 4. Investigatory stops 5. Any contact that becomes adversarial in an incident that would not otherwise require 6. recording. (c) Officers that are issued a BWC will be required to utilize the BWC when engaging in Off- Duty LERE Overtime. In addition to the required situations, employees may activate the system anytime they (d) believe its use would be appropriate and/or valuable to document an incident. (e) There may be instances in which an officer is required to take immediate action to an event that occurs directly in front of them which may not allow time to activate their BWC. In those situations, it may be impractical or unreasonable for employees to activate their BWC system before taking police action. It is expected that once the immediacy of the situation is over, employees will activate their BWC system to record the remainder of the incident. Officers will need to articulate the reasoning for the delayed activation of their BWC. 303.2.2 ADVISEMENT AND CONSENT Officers should inform idividuals they are being recorded unless doing so would be unsafe, impractical or impact the investigation of criminal activity. 303.2.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS AUTHORIZED Once the BWC system is activated it shall remain on until the incident has concluded or until deactivation is permissible in accordance with this policy. (a) For purposes of this section, conclusion of an incident has occurred when: 1. All arrests have been made and arrestees have been transported; and 2. No further law enforcement action is likely to occurr (e.g., waiting for a tow truck or a family member to arrive.) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Body Worn Camera Systems - 128 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

129 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Body Worn Camera Systems Employees may choose to discontinue a recording currently in progress for any non- (b) confrontational encounter with a person, including an interview of a witness or victim. 303.2.4 VICTIM AND WITNESS STATEMENTS When conducting an investigation, the officer shall attempt to record the crime victim or witness’ statement with the body worn camera. The recording may be valuable evidence that contributes to or compliments an investigation. While evidence collection is important, the Department also recognizes it is important for officers to maintain credibility with people wanting to share information with law enforcement. On occasion, an officer may encounter a reluctant crime victim or witness who does not wish to make a statement on camera. In these situations, the officer should continue to develop rapport with the individual while balancing the need for evidence collection with the individual’s request for privacy. Should the officer use discretion and not record the crime victim or witness statement with the body worn camera, the officer should document the reason for not fully recording the statement with the body worn camera. In these instances, officers may still record with an audio recorder. Officers should work with victim services when possible in determining what type of statement will be taken. If a citizen, other than a victim or witness as described in this section requests that an officer (a) turn off the BWC, the officer will explain that APD Policy requires the camera to be activated and recording until the conclusion of the incident or until there is no further law enforcement action necessary. (b) Employees may deactivate the audio portion by engaging the mute button on the body worn camera, for administrative reasons only, as follows: 1. The reason for audio deactivation must be recorded verbally prior to audio deactivation; and After the purpose of audio deactivation has concluded, employees will reactivate the 2. audio track. (c) For purposes of this section, an “administrative reason” refers to: 1. Personal conversations unrelated to the incident being recorded. 2. Officer to officer training (e.g., when a Field Training Officer or Field Training Supervisor wishes to speak to an officer enrolled in the Field Training Program about a training issue). 3. The conclusion of an incident. Any reason authorized by a supervisor. The identity of the supervisor granting the 4. authorization shall also be stated prior to the audio deactivation. 303.2.5 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS NOT REQUIRED Activation of the BWC system is not required: During break and lunch periods (a) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Body Worn Camera Systems - 129 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

130 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Body Worn Camera Systems (b) When not in service and not on a call When in service, but not on a call. (c) (d) Employees will not utilize the body worn camera in the following circumstances: 1. A potential witness who requests to speak to an officer confidentially or desires anonymity. 2. A victim or witness who requests that he or she not be recorded as a condition of cooperation and the interests of justice require such cooperation. During tactical briefings, or the discussion of safety and security procedures. 3. Public or private locker rooms, changing rooms, restrooms, unless taking police 4. action. 5. Doctor’s or lawyer’s offices, unless taking police action. 6. Medical or hospital facilities, unless taking police action. At a school, where minor children are present, unless taking police action. 7. To monitor persons based solely upon the person’s political or religious beliefs or 8. upon the exercise of the person’s constitutional rights to freedom of speech and religious expression, petition, and assembly under the United States Constitution, or because of the content or viewpoint of the person’s protected speech. 303.3 REQUIRED CLASSIFICATION OF BWC RECORDINGS (a) Employees should ensure that all BWC recordings are accurately classified and downloaded prior to the completion of their scheduled tour of duty unless approved by a supervisor All recordings, except those classified as "Non-Event," must also include the 9-digit incident number when available using the following format: YYJJJ#### (e.g. 100711267). (b) Unless involved in a response to resistance, an arrest or directed by a supervisor, employees utilizing a BWC during LERE overtime are permitted to download and classify their recordings during their next regularly scheduled work day. Employees shall ensure that all incident recordings have the required information assigned (c) and that the upload process has started prior to the completion of their scheduled tour of duty. (d) For purposes of this section, a "Non-Event" video generally refers to a recording that meets all of the following criteria: 1. Video where no investigatory stop is made; Video that does not include any call for service; 2. 3. Video where no person has been detained or arrested; and 4. Video where no enforcement action is documented. Detectives are responsible for verifying the classification of recordings for assigned incidents (e) within 30 days of the recording. Detectives are also responsible for reclassifying recordings when necessary to ensure proper retention. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Body Worn Camera Systems - 130 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

131 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Body Worn Camera Systems 303.3.1 SUPERVISOR INSPECTION Sergeants will conduct quarterly inspections of their employees' BWC recordings to ensure they are complying with BWC policy. These inspections will be electronically documented and sent to the lieutenant within the chain-of-command. 303.3.2 DOCUMENTING BWC SYSTEM USE Any incident that was recorded with either the video or audio system shall be documented in the employee's report. If a citation was issued, a notation shall be placed on the back of the records copy of the citation that the incident was recorded. 303.3.3 COPIES OF BWC SYSTEM RECORDINGS Copies of a BWC media recording will be used for official APD business only. This may include public information requests after the recording has been reviewed by the Department Legal Advisor and approved for release by the department. Copies of BWC System Recordings will not normally be made unless the person requesting the copy is authorized to view the recording and does not otherwise have access to view the recording using the BWC system. When a copy is made, it is the responsibility of the person receiving the copy to comply with records retention as outlined in policy. 303.3.4 BWC RECORDING RETENTION SCHEDULE Videos shall be retained for a longer period of time consistent with the City of Austin's Records Management Ordinance, Chapter 2-11, and any applicable City Records Control Schedules and/ or the State Local Government Retention Schedules. At a minimum all BWC recordnings shall be retained for 181 days. 303.3.5 STORAGE AND SECURITY OF BWC SYSTEM RECORDINGS Officers will download the media contained on their BWC utilizing the approved download procedures (wireless, docking station, etc.). BWC media will be stored utilizing a secure storage server and backed up for redundancy purposes. All media will be stored utilizing approved security methods in compliance with Criminal Justice Information Standards (CJIS) standards. A maintenance agreement for the BWC program shall be in place to ensure the security of all BWC data. 303.3.6 REQUESTS FOR BWC RECORDINGS The Department will comply with all applicable laws pertaining to the release of BWC recordings. Open records requests will be processed through the department coordinator in central records. Media requests will be processed through the Public Information Office (PIO). 303.4 PERSONALLY OWNED BWC SYSTEMS Once departmentally issued BWC’s are issued and a BWC program is implemented by the department, personally owned BWC’s will no longer be permitted for use by employees. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Body Worn Camera Systems - 131 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

132 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Body Worn Camera Systems 303.5 REVIEW OF ALL BWC SYSTEM RECORDINGS This section outlines the review of department issued and personally owned BWC system recordings. (a) Recordings may be reviewed: 1. By an employee to make sure the BWC system is working By an employee to assist with the writing of a report, supplement, memorandum, or 2. prior to making a statement about the incident. By authorized persons for the purpose of reviewing evidence 3. 4. By a supervisor investigating a specific act of employee conduct 5. By authorized Department personnel participating in an official investigation, such as a personnel complaint, administrative inquiry, or a criminal investigation. (b) Recordings may be shown for the purpose of training. If an involved employee objects to showing a recording, his objection will be submitted to his commander to determine if the training value outweighs the employee's objection. (c) In no event shall any recording be used or shown to ridicule or embarrass any employee. Employees shall not obtain, attempt to obtain, or convert for their personal use or for the (d) unauthorized use of another person, any information obtained by a BWC system. Employees shall not make personal copies or attempt to upload recordings to social (e) networking sites (e.g., You-Tube, Facebook). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Body Worn Camera Systems - 132 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

133 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 304 Digital Mobile Audio Video Recording 304.1 PURPOSE AND SCOPE The Austin Police Department has equipped designated police units with a Digital Mobile Audio Video Recording (DMAV) system. This DMAV system is designed to assist and complement employees in the performance of their duties. The DMAV is used to record certain activities by providing a visual and/or audio record. Recordings are intended to provide an unbiased record of the incident and to supplement the employee's report. This policy covers the use of the DMAV system. The VHS MAV system guidelines are outlined in Policy 303 (VHS Mobile Audio Video Recording). 304.2 DIGITAL MOBILE AUDIO VIDEO RECORDER OPERATION (a) The DMAV system is designed to turn on automatically when any of the following are detected: 1. Emergency lights. 2. Siren. 3. Driver's door opening. 4. Crash sensor. 5. Speed in excess of 90 MPH. 6. Activation of a wireless body microphone. 7. Manual activation by pressing the record button on the camera, the mobile data computer, or the Video Processing Unit. (b) Employees shall turn off the vehicle's AM/FM radio and/or personal mucis devices while the DMAV is recording and there is a subject sitting in the backseat of the unit. (c) Employees shall not: 1. Bypass or override the automatic activation of the equipment. 2. Erase, alter, or delete any recording produced by the DMAV. (d) Absent legal cause or lawful order, no member of the Department may surreptitiously record any other member of the Department without the expressed knowledge and consent of all parties. 304.2.1 REQUIRED DMAV TESTING Employees driving DMAV equipped vehicles during field duty assignments where the required use of the DMAV is likely (e.g., patrol, metro-tactical shifts, traffic enforcement) must be trained in the operation of the equipment prior to its use. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 133 Digital Mobile Audio Video Recording - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

134 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Digital Mobile Audio Video Recording Employees will test the vehicles DMAV equipment: (a) 1. At the commencement of their tour of duty. Anytime they switch cars during a shift. 2. When the DMAV media has been replaced for an approved reason. 3. (b) Employees will classify the video as 'Equipment Check'. (c) The DMAV equipment test will consist of employees recording the following: Employee name; and 1. 2. Employee number; and 3. The current date and time. (d) Employees will review the recording to verify the in-car and body microphone is operational, and the date and time is accurate. (e) Employees discovering a defect with the DMAV will remove that police unit from service and complete a Vehicle and Equipment Repair Form . Vehicles with non-operable DMAV systems will not be used unless an emergency situation exists and a lieutenant approves its use. If this occurs, the unit will be removed from service as soon as the emergency subsides. 304.2.2 WHEN DMAV USE IS REQUIRED This policy is not intended to describe every possible situation where the system may be used. In some circumstances it is not possible to capture images of the incident due to conditions or location of the camera however the audio portion can be valuable evidence and is subject to the same activation requirements. (a) All units responding to a scene shall activate their DMAV equipment when they: 1. Arrive on-scene to any call for service; or Are attempting to detain or arrest a person; or 2. Have detained or arrested a person; or 3. 4. By nature of the incident, are likely to detain or arrest a person. Examples of when the DMAV system must be activated include, but are not limited to: (b) Traffic stops. 1. Pursuits, until completion of enforcement action. 2. 3. DWI investigations including field sobriety tests. Warrant service. 4. 5. Investigatory stops when the subject is on foot or in a vehicle. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Digital Mobile Audio Video Recording - 134 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

135 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Digital Mobile Audio Video Recording Any contact that becomes adversarial in an incident that would not otherwise require 6. recording. In those situations, it may be impractical or unreasonable for officers to activate their DMAV system before taking police action. It is expected that once the immediacy of the situation is over, officers will activate their DMAV system to record the remainder of the incident. In addition to the required situations, employees may activate the system anytime they (c) believe its use would be appropriate and/or valuable to document an incident. 304.2.3 WHEN DMAV DEACTIVATION IS AUTHORIZED (a) Once the DMAV system is activated it shall remain on until the incident has concluded. 1. For purposes of this section, conclusion of an incident has occurred when: (a) All arrests have been made and arrestees have been transported; and (b) All witnesses and victims have been interviewed. 2. Recording may cease if an employee is simply waiting for a tow truck or a family member to arrive, or in other similar situations where no further law enforcement action is likely to occur. (b) Employees may deactivate the audio portion by engaging the mute button on the wireless microphone, for administrative reasons only, as follows: (a) The reason for the audio deactivation must be recorded verbally prior to audio deactivation; and (b) After the purpose for audio deactivation has concluded, employees will reactivate the audio track. (c) For purposes of this section, an "administrative reason" refers to: (a) Personal conversations unrelated to the incident being recorded. (b) Officer to Officer training (e.g., when a Field Training Officer or Field Training Supervisor wishes to speak to an officer enrolled in the Field Training Program about a training issue). (c) The conclusion of an incident. (d) Any reason authorized by a supervisor. The identity of the supervisor granting the authorization shall also be stated prior to the audio deactivation. 304.2.4 WHEN DMAV USE IS NOT REQUIRED Activation of the DMAV system is not required unless otherwise specified by this policy. Examples of when DMAV use is not required may include: During breaks and lunch periods. (a) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Digital Mobile Audio Video Recording - 135 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

136 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Digital Mobile Audio Video Recording When not in-service and not on a call. (b) (c) When in-service but not on a call. 304.3 REQUIRED CLASSIFICATION OF DMAV RECORDINGS Employees should ensure that all DMAV recordings are accurately classified upon stopping (a) the recording. All recordings, except those classified as "Non-Event," must also include the 9-digit incident number when available using the following format: YYJJJ#### (e.g., 100711267). (b) Employees shall ensure that all incident recordings have the required information assigned prior to the completion of their next scheduled tour of duty. (c) For purposes of this section, a "Non-Event" video generally refers to a recording that meets all of the following criteria: 1. Video where no investigatory stop is made; Video that does not include any call for service; 2. Video where no person has been detained or arrested; and 3. 4. Video where no enforcement action is documented. (d) Employees who do not have the ability to add incident numbers to recordings (e.g. Motors Officers) or who share a common case number across multiple videos (e.g. Officers working STEP) shall ensure that reports and citations reflect the time of recording exactly as shown in the DMAV system. Detectives are responsible for verifying the classification of recordings for assigned incidents (e) within 30 days of the recording. Detectives are also responsible for reclassifying recordings when necessary to ensure proper retention. Supervisors, including corporals, are responsible for verifying the classification of recordings (f) made by their officers for all direct filed charges that are a 3rd degree felony or higher. 304.4 REVIEW OF DMAV SYSTEM RECORDINGS (a) If available, the recording that best captured the incident should be reviewed by the involved officers in the following situations, prior to writing a report, supplement or memorandum. 1. All Critical Incidents All Response to Resistance incidents 2. 3. All foot and vehicle pursuits (b) Recordings may be reviewed in any of the following situations: 1. By an employee to make sure the DMAV system is working during required checks. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Digital Mobile Audio Video Recording - 136 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

137 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Digital Mobile Audio Video Recording 2. By an employee to assist with the writing of a report, supplement, or memorandum. 3. By a supervisor investigating a specific act of employee conduct. 4. By authorized Department personnel participating in an official investigation, such as a personnel complaint, administrative inquiry, or a criminal investigation. 5. By authorized persons for the purpose of reviewing evidence. 6. Recordings may be shown for the purposes of training value. If an involved employee objects to showing a recording, his objection will be submitted to his commander to determine if the training value outweighs the employee's objection. (c) In no event shall any recording be used or shown to ridicule or embarrass any employee. (d) Employees shall not obtain, attempt to obtain, or convert for their personal use or for the unauthorized use of another person, any information from Department video files or the confidential files of any other agency. 304.4.1 SUPERVISOR INSPECTION Sergeants and corporals will conduct monthly inspections of their employees' DMAV recordings to ensure they are complying with DMAV policy. At least 50% of personnel audited monthly must be conducted by the sergeant. These inspections will be electronically documented using new form PD0128d and sent to the lieutenant within the chain-of-command. 304.5 DOCUMENTING DMAV SYSTEM USE Any incident that was recorded with either the video or audio system shall be documented in the employee's report. If a citation was issued, a notation shall be placed on the back of the records copy of the citation that the incident was recorded. 304.6 COPIES OF DMAV SYSTEM RECORDINGS Copies of a DMAV media recording will be used for official APD business only. This may include public information requests after the recording has been reviewed by the Department Legal Advisor. Copies of DMAV System Recordings will not normally be made unless the person requesting the copy is authorized to view the recording and does not otherwise have access to view the recording using the DMAV system. When a copy is made, it is the responsibility of the person receiving the copy to comply with records retention as outlined in policy. 304.7 DMAV RECORDING RETENTION SCHEDULE All DMAV recordings shall be retained for a period of time that is consistent with the City of Austin's Records Management Ordinance, Chapter 2-11, and any applicable City Records Control Schedules and/or the State Local Government Retention Schedules. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 137 Digital Mobile Audio Video Recording - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

138 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 305 Radio and Mobile Data Computer Use 305.1 PURPOSE AND SCOPE Digital radio and data communications are extremely vital elements of effective law enforcement. These communications will be conducted in a professional, concise, and effective manner. Employees are reminded that all digital radio and data transmissions are recorded and subject to public information requests. 305.2 MOBILE DATA COMPUTER USE GUIDELINES (a) The mobile data computer (MDC) shall be used for official police communications only. (b) There is no expectation of privacy concerning sending or receiving messages via the MDC system. Messages may be reviewed by supervisors at any time without prior notification. (c) The MDC will remain docked and the docking switch will be in the locked position when the vehicle is in motion or if the MDC is left unattended unless otherwise approved by a supervisor. (d) Employees will not intentionally disrupt the GPS signal. (e) Employees driving vehicles equipped with an MDC shall: 1. Accept all updates to the MDC prior to logging on and while at a hot-spot; however, employees reporting to duty from a location that is not a hot-spot shall ensure the updates are downloaded as soon as practicable. 2. Log on at the start of a shift with complete and accurate information. 3. Log off at the end of the shift. (f) Employees granted access to the Watch List should limit the number of additional sectors they are watching to two (2) unless needed for an official reason (e.g., monitoring a significant event that could impact all sectors). (g) When an MDC is utilized in an area where the public might be able to view the screen, the user will take reasonable measures to ensure any information is not viewable by unauthorized persons (e.g., lower the screen, lock the computer). (h) Unless Officers are utilizing dual factor authentication, Mobile Data Computers may only be removed from the vehicle for remote operation if they are used in a secure facility (substation, arrest review, etc). 305.2.1 MDC USE WHILE DRIVING Use of the MDC by the operator should be limited to times when the vehicle is stopped. When the vehicle is in motion, the operator should only attempt to read messages that are likely to contain information that is required for immediate enforcement, investigative, or safety needs. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 138 Radio and Mobile Data Computer Use - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

139 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Radio and Mobile Data Computer Use Short transmissions, such as a license plate check, are permitted if it reasonably appears they can be done safely. 305.3 RADIO USE GUIDELINES 305.3.1 COMPLIANCE Employees shall comply with FCC regulations relating to the use of radio communications (a) systems, as well as the established guidelines outlined below: 1. Communications involving the protection of life and property shall be afforded priority. 2. False calls, false or fraudulent distress signals, unnecessary and unidentified Communications and the transmission of unassigned call signals are specifically prohibited. Employees shall monitor the talk-group on which they intend to transmit for a 3. sufficient period to ensure their transmissions will not interfere with others. 4. Duration of radio transmissions must be restricted to the minimum practical transmission time. (b) Employees shall comply with the Greater Austin/Travis County, Texas, Regional Radio System (GATRRS), Interoperability Plan when necessary, to communicate on interoperability channels that are part of the GATRRS and is related to the use of radio interoperability. 305.3.2 RADIO TRANSMISSION PROTOCOL (a) Only English shall be spoken. (b) Employees calling or responding to dispatch shall identify themselves by their assigned unit number. They should not continue the transmission until acknowledged by the dispatcher. (c) The employee's primary talk-group dispatcher shall be notified before an employee changes to another talk-group (e.g., a Central West officer switching to the North West talk-group). (d) Employees shall not call for another employee by name unless their radio or unit number is unknown (e.g., "Baker 101 to Sgt. Doe"). (e) Long transmissions should only be done over a secondary talk-group, as an MDC message, or via a cell phone if available. (f) Employees shall refrain from seeking advice from a dispatcher regarding a point of law, enforcement action, or Department policy. Employees should consult their immediate supervisor on these matters or obtain the information from their laptop computers. (g) Under normal circumstances, employees will not turn off or lower their in-car police radios to a volume that cannot be captured by the vehicle's DMAV equipment regardless if the employee is wearing a ear-bud listening device on their portable radio. An exception would Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 139 Radio and Mobile Data Computer Use - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

140 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Radio and Mobile Data Computer Use be under circumstances when it is deemed necessary to safeguard transmissions from a prisoner seated in the patrol car during and incident. 305.3.3 REQUESTING RECORDED TRANSMISSIONS Employees with a legitimate need to hear or copy a radio or telephone recording may do so by making a request to the Communication supervisor on duty. 305.4 ADDITIONAL GUIDELINES 305.4.1 DOCUMENTATION OF ACTIVITY Radio and MDC transmissions are used to record an employee's daily activity. To ensure the most accurate recording of these activities, the following are required: All contacts or activity shall be documented at the time of the contact. (a) (b) Whenever the activity or contact is initiated by voice, it shall be entered into the Computer Aided Dispatch (CAD) system by a dispatcher. (c) Whenever the activity or contact is not initiated by voice, the employee shall record it on the MDC. 305.4.2 STATUS CHANGES Employees shall make changes in status (e.g., arrival at scene, meal periods, in-service) (a) through the MDC system when safe and practicable. 1. If MDC use is not safe or practical, employees shall advise the dispatcher of status changes using proper radio codes. Employees responding to in-progress calls shall advise changes in status over the 2. radio to assist other employees responding to the same incident. An employee's status shall be made Code 4 when it is determined that no other units are (b) needed. Any additional units still responding to the incident shall change their status to available. 305.4.3 HIGH PRIORITY INCIDENTS Transmissions regarding emergencies (e.g., high-speed pursuits, serious crimes in progress) shall be given priority over all other transmissions. Units not involved in the emergency shall stay off the air until the situation has been resolved. Units coming in-service during an emergency shall change their status on the MDC. If unable to do so, the unit will switch to an adjoining sector talk-group, advise that dispatcher they are in- service and then switch back to their primary talk-group. 305.4.4 EMERGENCY BUTTON ACTIVATION If the emergency button is depressed on the MDC or Radio, the dispatcher will call the unit and ask if the unit is Code 4. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Radio and Mobile Data Computer Use - 140 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

141 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Radio and Mobile Data Computer Use If there is no emergency the employee should respond "Code 4" and all units shall resume (a) their normal activity. (b) If there is no response or the employee answers in some other way, the dispatcher shall send available units to assist in locating the unit that is transmitting the emergency. Available units may self assign the call via the MDC and respond as appropriate. 1. Units shall refrain from transmitting on the radio until there is a Code 4, unless they are themselves handling an emergency. When the situation is considered Code 4, all units not on-scene shall go back in 2. service. 305.4.5 BOMB THREATS Bombs and other explosive devices can be detonated by radio waves (e.g., mobile phones, radio, MDC) transmitted in close proximity to the device. (a) When responding to bomb threats, employees should be conscious of the location of any suspected devices (e.g., parking lot, inside a building, open field) and park their patrol unit accordingly. (b) When investigating reports of a bomb threat, employees shall follow Policy 414 (Bomb Threat and Explosive Device Response). 305.4.6 CLOSING THE CHANNEL Closing a radio channel ("holding the air") is done for the safety of officers involved in a call or event that requires the radio remain silent. Events that require a channel be closed will follow these guidelines: Any supervisor (including a dispatch supervisor) may close a channel to ensure officer (a) safety. If the dispatcher does not apply the channel marker, units involved in the event may request that it be applied. The dispatcher will broadcast the channel is closed and should enable the channel marker (b) on that channel so that a low audible "beep" will occur every 8-10 seconds. The "beep" is a clear indication that the channel is closed to all non-emergency radio traffic. (c) When safe and practical, the dispatcher will then broadcast the channel is open and will remove the channel marker 305.5 RESPONSIBILITY OF SUPERVISORS Supervisors shall: (a) Be responsible for entering complete and accurate roster information into the current electronic system, including capability codes for all qualified personnel. (b) Use the MDC to monitor incidents and the activity of employees when practicable. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 141 Radio and Mobile Data Computer Use - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

142 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Radio and Mobile Data Computer Use Carefully monitor and supervise the use of the radio to assist employees as needed. (c) Supervisors may monitor additional talk-groups; however, supervisors shall remain available to their primary talk-group. Supervisors are responsible for the radio conduct of their subordinates and should immediately correct improper radio procedures. (d) Self-assign calls when practical and other units are not available. (e) Respond to any scene when requested to the location by a subordinate. (f) Inform and update the Watch Lieutenant of any significant call or critical issue. (g) APD Risk Management will select random CAD audit dates and notify Lieutenants and Sergeants/Civilian Supervisors via departmental email quarterly. Any Supervisor of sworn or non-sworn employees (to include Communications, Victim Services, and Crime Scene units) who use CAD messaging shall audit their employees’ messages and submit an electronic report using APD Approved Form PD0128A to their next level manager for review within 10 days from the date of the notification from Risk Management. Sergeants will also conduct a Taser functionality test at this time and report the results on Form PD0128A, in compliance with APD Policy 208.7.1. If a Sergeant is unavailable during the entire 10 day time frame, the audit shall be conducted by the Corporal of that shift or a Sergeant from another shift. 1. If an employee did not work on the dates to be audited they will be audited on the next available working day. The date will be noted on the report. If the employee is on extended leave (FMLA, Light Duty, etc.) the reason of absence 2. will be documented on the report. The report shall be retained by the Sergeant/Civilian Supervisor for at least 3 years in an APD group drive. A scanned copy of the CAD messages for each person audited will be included with the report. If an inappropriate CAD message is found that involves dialogue with an employee from another shift/unit, the Sergeant/Civilian Supervisor conducting the CAD audit shall notify the other employee’s Sergeant/Civilian Supervisor via Departmental e-mail for follow-up. If a subordinate’s message results in counseling a copy of the message and memo will be placed in the employee’s file. If no further counseling is needed in the three years following the counseling, the CAD messages may be discarded. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 142 Radio and Mobile Data Computer Use - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

143 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 306 Search and Seizure 306.1 PURPOSE AND SCOPE Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Austin Police Department personnel to consider when dealing with search and seizure issues. 306.2 SEARCH AND SEIZURE This policy outlines the following types of searches and seizures: (a) Exigent circumstances (b) Consent Search incident to a lawful arrest (c) Vehicle inventory (d) Probably cause (e) (f) Protective frisk based on reasonable suspicion Plain view (g) (h) Strip/Body cavity search (i) Residences, open fields, and abandoned property 306.3 SEARCH AND SEIZURE Transgender- An umbrella term that describes individuals whose gender identity is different from their assigned sex at birth. A person who transitions from "female-to-male", meaning a person who Female-to-Male (FTM)- was assigned female at birth, but identifies and lives as a male. A "female-to-male" individual should be addressed using masculine pronouns (e.g.- he, him, his), regardless of surgical status. Male-to-Female (MTF)- A person who transitions from "male-to-female", meaning a person who was assigned male at birth, but identifies and lives as a female. A "male-to-female" individual should be addressed using femanine pronouns (e.g.- she, her, hers), regardless of surgical status. Intersex - Intersex individuals are born with chromosomes, external genitalia, and/or an internal reproductive system that varies from what is considered "standard" for either males or females. Gender- The state of being male or female. Display gender expression or behavior that does not Gender Non-Conforming (Individuals)- conform to dominant gender norms of male or female. Gender non-conforming individuals may not identify as male, female, or transgender. Gender non-conforming is also known as gender variant, gender atypical, or androgynous. Transgender, Intersex, and/or Gender Non-Conforming Individual. TIGN- Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Search and Seizure - 143 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

144 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Search and Seizure - An individual's internal sense of being male or female, or something not defined Gender Identity by traditional definitions of male or female. Gender Expression - An individual’s external and social characteristics and behaviors (such as appearance, dress, mannerisms, speech, and social interactions) that may be perceived as masculine or feminine. 306.3.1 SEARCH PROTOCOL Nothing in this policy supercedes officer safety tactics. (a) Officers will conduct person searches with dignity and courtesy. Officers will conduct property searches in a manner that returns the condition of the property (b) to its pre-search status as nearly as reasonably practicable. Officers should attempt to acquire keys to locked property when a search is anticipated and (c) the time and effort required to gain the keys makes it a practicable option. (d) It is the responsibility of each individual officer to search a prisoner for weapons or contraband anytime he gains custody of that prisoner, regardless of whether the prisoner was previously searched by another officer. (e) When safety permits: 1. Officers should explain to the person being searched the reason for the search and how the search will be conducted. 2. Officers needing to search a person of the opposite gender should do so in front of a Mobile Audio Video (MAV) recording system, if available; otherwise an officer of the same gender as the person should be requested. 3. If the gender of the individual needing to be searched comes into question, officers should respectfully inquire as to whether the individual identifies as transgender. When an individual self-identifies as transgender, officers will not question this identity absent articulable, compelling reasons, nor will an officer inquire about intimate details of an individual's anatomy to determine gender. Officers needing to search a person who has disclosed that, or the officer recognizes by prior knowledge, the individual is Transgender, Intersex, and/or Gender Non- Conforming (TIGN), should, when practicable, conduct the search based on the gender with which the individual identifies. (For example, a Female-to-Male individual should, when practicable, be searched by a male officer, or by a female officer who conducts an opposite gender search. A Male-to Female individual should, when practicable, be searched by a female officer, or by a male officer who conducts an opposite gender search). (a) If a Mobile Audio Video (MAV) recording system or an officer of the same gender as the person being searched is unavailable, a second officer or supervisor should be present. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 144 Search and Seizure - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

145 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Search and Seizure (b) Officers will use the back side of their hands and fingers to frisk/search sensitive areas of the opposite gender to include the breast, crotch, and buttocks. 306.4 EXIGENT CIRCUMSTANCES Exigent circumstances permitting entry into premises without a warrant or valid consent generally include any of the following: (a) The reasonable belief that a person within is in need of immediate aid. (b) The need to protect or preserve life or avoid injury. Imminent escape of a suspect. (c) The reasonable belief that contraband is about to be removed or destroyed. (d) Public safety. (e) An exigency created by the officer's own conduct as an excuse for a warrantless entry is not permitted. 306.5 CONSENT (a) Entry into a location or vehicle for the purpose of conducting a search for any item reasonably believed relevant to any investigation is permitted once valid consent has been obtained.Officers should be aware that overuse of the consent search can negatively impact the Department's relationship with our community and only request a consent search when they have an articulable reason why they believe the search is necessary and likely to produce evidence related to an investigation. A search by consent is only allowed if the following criteria are met: 1. The officer has explained the reason for the consent search request to their supervisor (or their Corporal/Detective if their supervisor is unavailable) and received their approval prior to requesting consent. If the officer is: (a) Assigned to a specialized unit that has received specific training on consent searches; or (b) The officer has completed the department's Interdiction for the Protection of Children (IPC) training and is actively conducting an IPC investigation; then the officer would not need supervisor approval prior to requesting consent. 2. Consent is voluntary (e.g., clear, specific and unequivocal). 3. Consent is obtained from a person who has the authority to give the consent (e.g., care, custody and control of the location or vehicle). 4. The search does not exceed the scope of the consent given. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 145 Search and Seizure - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

146 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Search and Seizure (b) Consent must be obtained as the product of a free will. It cannot be obtained through submission to authority, either expressed or implied. (c) Although officers are not required to conduct searches within the plain view of suspects, those who have the authority to grant or revoke consent should be in a position to communicate a withdrawal of consent should they so desire. If consent was obtained by telephone from a person who has authority to grant the consent, the person should be provided with contact information to revoke the consent. (d) Absent other legal justification, any related search should be discontinued at any point that consent is withdrawn, even if the withdrawal is made by a different party who is at the scene and who also has authority over the area being searched. 306.5.1 HOW TO DOCUMENT CONSENT (a) Consent requests and authorization for all vehicle and subject stops shall be documented on the Department approved (PD0100) and should also be recorded Consent to Search Form by audio and/or video when possible. Searches conducted during an active IPC investigation will be handled under Subsection (b). 1. After the subject consents to the search by signing the Consent to Search Form, the officer can proceed with the search. (a) If at anytime after the search has begun the person revokes their consent, the officer will immediately stop and search no further unless sufficient probable cause has already been developed to warrant continuing with the search. (b) If consent is revoked, the officer will mark the "Search Suspended" box on Consent to Search Form . the 2. Officers unable to document a subject's voluntary consent to search by audio and video recording will document in the CAD history why they were unable to document the consent on audio and video. Consent requests and authorization for active IPC investigations shall be documented by (b) audio and/or video recording. However, for tracking purposes the Department approved Consent to Search Form (PD100) shall be completed at the conclusion of the stop. The subject’s signature is not required. (c) For consent searches not involving a vehicle or subject stop, an officer with supervisory approval may document the voluntary consent using only video and/or audio recording (d) Employees will document in their report or supplement anytime a consent search is used. 306.5.2 HANDLING CONSENT DOCUMENTATION When consent to search is documented by a Mobile Audio Video (MAV) recording system: (a) 1. The MAV media will be submitted to the evidence room for retention; or Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Search and Seizure - 146 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

147 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Search and Seizure The digital recording will be uploaded to the appropriate APD computer/server for 2. storage. 3. When an incident report is written, employees will document where the recording is stored. Consent to Search Forms will be handled as follows: (b) 1. If contraband is discovered during the search, officers will submit the completed , to the evidence room to maintain the chain of and signed Consent to Search Form custody. A copy of the form will be submitted to their supervisor at the end of the shift to be routed through the chain-of-command. If no contraband is discovered during the search, officers will submit the original 2. signed Consent to Search Form , to their supervisor at the end of the shift to be routed through the chain-of-command. When consent search is used by detectives or officers assigned to Specialized Units (e.g., (c) metro tactical): Employees will maintain the original Consent to Search Form and MAV recording 1. in their case jacket. Consent to Search Form will be submitted to their supervisor at the 2. A copy of the end of the shift to be routed through the chain-of-command. 306.5.3 CHAIN-OF-COMMAND REVIEW OF CONSENT FORMS will be forwarded up the chain-of-command. Consent to Search Forms . (a) Each level in the chain will review and initial the Consent to Search Form After the review is completed, the form will be given to a designated administrative person (b) for scanning into the Departmental records system under the appropriate report number. After the form is scanned, the original form will be routed to Central Records for retention (c) unless it has been stored in the evidence room or a case jacket. 306.6 SEARCH INCIDENT TO ARREST The general authority to search incident to a lawful custodial arrest is not qualified or limited by the type of arrest. Objects of the search are weapons, evidence, and/or means of escape. (a) Persons: 1. When officers make a lawful arrest, they are permitted to conduct a contemporaneous search of the arrestee. Such a search safeguards the arresting officer and others nearby from harm while ensuring that the arrestee will not discard or destroy evidence. It is entirely reasonable for arresting officers to search the area where the defendant 2. might reach in order to grab a weapon or evidence. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 147 Search and Seizure - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

148 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Search and Seizure (b) Vehicles: A search of a vehicle interior may be made when the arrestee is unsecured and 1. within reaching distance of the passenger compartment at the time of the search. A search of a vehicle interior may be made when it is reasonable to believe that the 2. vehicle contains evidence of the offense of arrest. If officers do not have a valid reason to search a vehicle after making an arrest (e.g. 3. probable cause, inventory), a search warrant will need to be obtained. Officers may examine the contents of any opened or closed container within the 4. passenger compartment, provided the container is within reaching distance of the arrestee and the arrestee is unsecured at the time of the search. Locked containers found within the vehicle passenger compartment may be seized 5. and a search warrant obtained in a timely manner. 306.7 VEHICLE INVENTORY An inventory is a legitimate law enforcement activity that is not a search and that sometimes, incidentally, results in the discovery of evidence. Vehicle inventories will be conducted in accordance with Policy 350 (Vehicle Towing and Impound). 306.8 PROBABLE CAUSE (a) Person: 1. When officers have probable cause to believe that evidence or contraband is located on a person they are permitted to conduct a search of the person. Vehicles: (b) Officers may conduct a warrantless search of a readily movable vehicle (e.g., 1. automobile, mobile home, boat or airplane) if there is probable cause to believe that evidence or contraband is inside and the search cannot safely be delayed in order to obtain a warrant. (a) Officers must have probable cause that contraband is in the vehicle. A search of an automobile based on probable cause lawfully extends to all (b) parts of the vehicle in which evidence or contraband could be concealed, including closed compartments and trunks. Locked containers found within the vehicle may be seized and a search (c) warrant obtained in a timely manner. (d) The scope of a warrantless search of a lawfully stopped vehicle based on probable cause is no narrower and no broader than the scope of a search under the authority of a warrant. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 148 Search and Seizure - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

149 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Search and Seizure 306.9 FRISK (PAT-DOWN) FOR WEAPONS A frisk is a mere pat-down of the outer clothing, area, vehicle or container to which a detained person may have immediate access. The purpose of a limited weapons frisk after an investigatory stop is not to discover crime, but to allow the officer to pursue the investigation without fear of violence. An officer does not need to be absolutely certain that an individual is armed; the issue is whether a reasonably prudent person would justifiably believe that he or others were in danger. Persons: (a) A frisk is a limited patting of the outer surfaces of a person's clothing in an attempt to 1. find weapons. A frisk can only be used by officers when they justifiably stop someone and have a reasonable fear for their safety, the safety of the public, or when a cautious and prudent officer under the same or similar circumstances would conduct a pat-down. Normally, officers cannot put their hands under the suspect's outer clothing until they 2. feel something they reasonably believe is a weapon. If the outer clothing is too bulky to allow officers to decide if a weapon is concealed underneath, outer clothing such as overcoats and jackets may be opened to allow a pat down of the inner clothing, such as shirts and trousers. 3. Packages, purses, briefcases and other containers may be frisked during the stop. 4. The scope of a protective frisk is limited to persons and places within arm's reach of a concealed weapon or toward which the subject might lunge. (b) Vehicles: A protective frisk may include the passenger compartment of an automobile, limited 1. to those areas in which a weapon may be placed or hidden, if the officer possesses reasonable belief that the suspect is dangerous and may gain control of a weapon at any time during the encounter. 306.10 PLAIN VIEW Because an individual does not have an expectation of privacy as to items that are in plain view, no search has taken place in a constitutional sense when an object is viewed from a location where the officer has a right to be. (a) An item in plain view may generally be seized when all of the following conditions exist: 1. The object must be in plain view; and Officers conducting the seizure must lawfully arrive at the position from which the 2. object is plainly seen; and 3. Officers must have a lawful right of access to the object itself, apart from lawfully viewing the object; and Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Search and Seizure - 149 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

150 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Search and Seizure The object's incriminating character must be so immediately and sufficiently apparent 4. that officers have probable cause to believe the object is contraband or evidence of a crime. 306.11 STRIP/BODY CAVITY SEARCHES Strip and body cavity searches are sometimes necessary for the safety of persons and/or to secure evidence of criminal activity. However, such searches are highly intrusive and must be conducted only when the justification can be clearly articulated, and then done only with proper regard for human dignity and privacy. (a) All cases of strip or body cavity searches will be documented in an incident report or supplement and include (at a minimum): 1. Facts known to the officer that justify a strip/body cavity search; and Name and employee number of supervisor authorizing the search; and 2. 3. Place that the search was conducted (e.g., bathroom of suspect's residence, jail, doctor's office); and 4. Name and employee number of all persons involved in the search; and The areas searched and results of the search. 5. 306.11.1 STRIP SEARCHES Strip searches: (a) Will be conducted only with the approval of a supervisor. (b) Will be conducted in privacy, including only the number of officers necessary to maintain a safe situation. (c) Will be conducted ONLY by members of the same gender as the person to be searched. Should an officer of the same gender not be immediately available, the prisoner will either be secured until one can arrive, or the prisoner will be secured and transported to the jail where a jailer of the same gender will conduct the search. (d) If the individual to be strip searched is Transgender, Intersex, or Gender Non- Conforming, officers should ask that individual whether they prefer a male or female officer to conduct the strip search. 306.11.2 BODY CAVITY SEARCHES Other than for checking the mouth area, these searches will not be conducted by officers of this department. Should the need arise for this type of search, the prisoner will be transported to the jail where proper hygienic/medical resources are available. Only jail personnel will conduct the cavity search. 306.12 RESIDENCES, OPEN FIELDS, AND ABANDONED PROPERTY Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 150 Search and Seizure - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

151 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Search and Seizure 306.12.1 RESIDENCES Every person has a reasonable expectation of privacy inside his home and a search of a residence will not be conducted without a valid search warrant, exigent circumstances, or valid consent. Individuals do not, however, generally have a reasonable expectation of privacy in areas around the home where the general public (e.g., mail carriers and solicitors) would reasonably be permitted to go. Once lawfully inside a residence, officers may conduct a protective frisk of a subject if the officer has a reasonable belief that the person is armed and dangerous. In addition, the Fourth Amendment permits a limited protective sweep of a residence when the searching officer possesses a reasonable belief that the area to be swept harbors an individual posing a danger to those on scene. The sweep should not last longer than is necessary to dispel the reasonable suspicion of danger. 306.12.2 OPEN FIELDS Open fields do not provide the privacy expectation that is unique to the Fourth Amendment's safeguards of a "person's, houses, papers and effects." Officers must be mindful of the requisites of curtilage. The following are the factors the officers need to assess: (a) The proximity of the area to the home. (b) Whether the area is included within an enclosure surrounding the home. (c) The nature of the uses to which the area is put. Steps taken by the resident to protect the area from observation by people passing by. (d) 306.12.3 ABANDONED PROPERTY Abandonment occurs when a person discards or denies ownership of property in a public right of way or public spaces. To ensure admissibility of evidence, the following factors should be considered: When making a trash run officers need to consider curtilage factors that fall within open (a) fields. Officers need to have an affirmative link to create probable cause between the discarded (b) property and the target of the investigation. (c) The abandonment must be voluntary and not a result of police misconduct. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Search and Seizure - 151 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

152 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 307 Mobile Fingerprinting Device 307.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the appropriate use of the Mobile Fingerprinting Device (e.g., Blue Check). 307.2 MOBILE FINGERPRINTING DEVICE USE GUIDELINES Only officers that have been trained in the use of a Mobile Fingerprinting Device may use the device. The device may be used in an attempt to positively identify a person in the field when an (a) officer has: Lawfully detained a person based on reasonable suspicion that the person may be 1. involved in past, present, or future criminal activity; or 2. Probable cause to arrest the person; or Arrested the person (e.g., custody arrest, field release); or 3. Obtained a person's consent at any time. Consent must be documented as outlined 4. in Policy 306 (Search and Seizure). (b) The device shall not be used on a juvenile or a person that is suspected to be a juvenile. 307.2.1 IMPLIED CONSENT Consent to submitting to the taking of a subject's fingerprints is implied when the subject is deceased or unconscious. Under implied consent circumstances, officers must receive supervisor approval prior to taking fingerprints. 307.3 USE OF FORCE Officers shall not physically force a person to be fingerprinted. 307.4 INVENTORY The Mobile Fingerprinting Device will be allocated to a specific shift or Unit and assigned to an officer that has been trained in the device. The device will be part of the trained officer's inventory and the officer is responsible for (a) the device. If the trained officer leaves the shift or Unit, or promotes, the device shall be reassigned by (b) the supervisor to another trained officer. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 152 Mobile Fingerprinting Device - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

153 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 308 Misdemeanor Citations 308.1 PURPOSE AND SCOPE Tex. Code of Crim. Pro. art. 14.06 permits law enforcement agencies to use citation release procedures in lieu of arrest for Class A, B, and C misdemeanor offenses with certain exceptions. This policy does not apply to juveniles or traffic citations. Officers shall refer to the following policies regarding these topics: Policy 317 (Juveniles). (a) Policy 342 (Traffic Citations). (b) 308.2 STATUTORY REQUIREMENTS A citation, or field release, is when the violator is released in the field without being transported to a jail facility. 308.3 MISDEMEANOR CITATION CONSIDERATIONS (a) The following shall be considered when making the determination to issue a misdemeanor citation: 1. The subject has sufficient identification; and The officer has no substantial reason to believe the subject will fail to appear; and 2. 3. The officer has reason to believe that release by citation will result in termination of the violation; and The subject did not resist detention, assault anyone during the offense, or appear 4. to be combative or violent. For a misdemeanor offense that can be enhanced due to prior convictions, a criminal history (b) check should be performed to determine if a custody arrest is more appropriate. 308.3.1 MISDEMEANOR CITATION USE Officers are authorized to use verbal or written warnings to resolve minor violations when appropriate. Class A and Class B Misdemeanor Citations (a) 1. On-duty officers who make the decision to take enforcement action on a subject who violates a Class A or Class B offense eligible for a misdemeanor citation shall issue a citation when all considerations outlined in this policy have been met. 2. Supervisor approval is required to make a custody arrest in lieu of a citation for eligible Class A or Class B offenses that meet all the considerations outlined in this policy. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 153 Misdemeanor Citations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

154 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Misdemeanor Citations Class C Misdemeanor Citations (b) 1. Officers enforcing a Class C misdemeanor, other than traffic, should use the considerations outlined in this policy for the issuance of a citation. Officers shall select the least intrusive or severe method, which will: Stop existing criminal conduct. (a) (b) Remove the imminent threat of violence or criminal conduct. (c) Prevent persons from endangering themselves or others. 308.3.2 DISQUALIFYING CIRCUMSTANCES A citation shall not be issued if the following situations are present: The subject is so intoxicated that he could be a danger to himself or to others. Release may (a) occur as soon as this condition no longer exists. (b) The subject requires medical examination or medical care or is otherwise unable to care for his own safety. 1. An arrestee shall not be released from custody for the sole purpose of allowing that subject to obtain medical care and with the intention of immediately re-arresting the same individual upon discharge from the hospital unless it can be determined that the hospital can bill and collect from a third-party payment source. (c) There are one or more outstanding arrest warrants for the subject. (d) The subject could not provide satisfactory evidence of personal identification. A full custody arrest is called for, or the officer has reason to suspect the subject is involved (e) in a more serious offense and a custody arrest would serve to gather evidence to support another charge. (f) There is a reasonable likelihood that the offense(s) would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the subject arrested. (g) The subject arrested demands to be taken before a magistrate or has refused to sign the citation. There is reason to believe the subject would not appear at the time and place specified in (h) the citation. The basis for this determination shall be specifically stated. The offense is DOC 12 (Exposure) and the exposure appears to have been committed (i) deliberately, maliciously, or with sexual motivation. 308.3.3 SUPERVISORY ORDERS Supervisors will not order any subordinate to cite a person suspected of a misdemeanor violation of law witnessed by the supervisor but not witnessed by the subordinate unless: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 154 Misdemeanor Citations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

155 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Misdemeanor Citations The supervisor articulates the probable cause upon which the citation is based as soon as (a) practicable; and (b) The supervisor is listed on the citation. 308.3.4 INSTRUCTIONS TO CITED PERSON The citing officer shall, at the time he asks the defendant to sign the notice to appear, call attention to the time and place for appearance and take any other steps he deems necessary to ensure that the defendant understands his written promise to appear (Tex. Code of Crim. Pro. art. 14.06). 308.4 CLASS A AND CLASS B MISDEMEANOR CITATIONS In addition to the above considerations, officers must meet all of the following requirements in order to issue a Class A or B misdemeanor citation: (a) The offense is eligible for release by citation; and (b) The violator is not a juvenile; and (c) The violator must have sufficient identification so his identity can be validated during court testimony. The violator must be able to present this identification when he appears for his court date; and (d) The violator committed the offense in: Travis County and the violator resides in Travis County; or 1. 2. Hays County and the violator resides in Hays County. 308.4.1 ELIGIBLE OFFENSES The following Class A and B misdemeanors are eligible for a release by citation: (a) Possession of Marijuana less than two (2) ounces - (Class B). (b) Possession of Marijuana of two (2) ounces but less than four (4) ounces - (Class A). (c) Criminal mischief where the value of the damage inflicted is $50 or more but less than $500 - (Class B). (d) Graffiti where the value of the damage inflicted is less than $500 - (Class B). (e) Theft where the value of the property stolen is $100 or more but less than $750 - (Class B). (f) Theft of Service where the value of the property stolen was $100 or more but less than $750 - (Class B). (g) Driving While License Invalid - (Class B only). 308.4.2 DOCUMENTATION AND FILING PROCEDURES The following documentation and required procedures shall be used when issuing a Class A or B Misdemeanor citation: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 155 Misdemeanor Citations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

156 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Misdemeanor Citations (a) Officers shall complete a(n): 1. Incident report with the appropriate title code(s); and 2. PC affidavit that shall be notarized by a second officer. (b) Write the incident number on any photos or receipts. (c) Attach a copy of the citation, PC affidavit, and any photos and/or receipts together to be turned in to the Class A or B Misdemeanor drop box by the end of the officer's tour of duty. (d) Follow the guidelines of Policy 618 (Property and Evidence Collection Procedures) when submitting narcotic or other evidence in relation to a Class A or Class B Misdemeanor Citation. 308.4.3 SPECIFIC CLASS A AND CLASS B MISDEMEANOR CITATION REQUIREMENTS Additional Reporting Requirements for Specific Violations: : Include a description on the affidavit of the item(s)/service stolen. (a) Theft and Theft of Service (b) Driving While License Invalid (DWLI) : Include the reason, date, and counties for current and prior suspensions, as well as the specific reason for the enhancement to a Class B Misdemeanor. 1. Class C violations may be handled by issuance of a traffic citation. 308.5 CLASS C MISDEMEANOR CITATIONS Incident reports are generated by Central Records from the information on Class C Misdemeanor citations issued by officers. Having accurate and sufficient information (e.g. witness/victim information, property involved, brief narrative) on the front and back of a citation is critical for Central Records to complete these reports. Class C Misdemeanor citation may only be used when the offense is a Class C Misdemeanor other than a traffic violation. Guidelines for issuing traffic citations are outlined in Policy 342 (Traffic Citations). 308.5.1 SPECIFIC CLASS C MISDEMEANOR CITATION REQUIREMENTS The following charges have specific additional requirements when issuing a citation: (a) Misdemeanor Possession of Drug Paraphernalia 1. Class C misdemeanor citations may be issued to subjects found in possession of drug residue. The citation shall be titled Possession of Drug Paraphernalia. 2. An incident report with the appropriate title code(s) shall be completed. 3. The drug residue (non-usable amount), or object with drug residue, shall be seized and submitted according to policy 618.4.2, SUBMITTING NARCOTICS AND NARCOTIC PARAPHERNALIA. 4. The misdemeanor citation(s) shall be turned in by the end of the officer's tour of duty. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Misdemeanor Citations - 156 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

157 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Misdemeanor Citations 5. This citation shall not be used in lieu of a Possession of Marijuana charge. (b) Thefts and Shoplifting 1. Class C misdemeanor citations may be issued for theft or shoplifting if the property value is under $100. 2. An incident report with the appropriate title code(s) shall be completed. 3. The stolen property (evidence) shall be properly photographed and returned to the business. 4. A sales receipt from the business shall be obtained clearly showing the value of the stolen property without sales tax. 5. The misdemeanor citation(s), photograph and sales receipt(s) shall be turned in by the end of the officer's tour of duty. 6. A Class C - Attempted Theft citation shall not be used in lieu of a Class B theft. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Misdemeanor Citations - 157 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

158 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 317 Handling Juveniles 317.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance and direction for processing and handling juvenile offenders within APD's jurisdiction. Juveniles are afforded equal protection under the law; however, there are differences in the manner in which juveniles are handled under Texas law. Employees are responsible for participating with and supporting the ideals set forth in Title 3 of the Texas Family Code. These provisions are: To provide for the protection of the public, and public safety. (a) Consistent with the protection of the public and public safety: (b) 1. To promote the concept of punishment for criminal acts; and 2. To remove, when appropriate, the taint of criminality from children committing certain unlawful acts; and To provide treatment, training, and rehabilitation that emphasizes the accountability 3. and responsibility of both the parent and the child for the child's conduct. (c) To provide for the care, the protection, and the wholesome moral, mental, and physical development of children coming within its provisions. (d) To achieve these purposes in a family environment whenever possible, separating the child from the child's parent only when necessary for the child's welfare or in the interest of public safety and, when the child is removed from the child's family, to give the child the care that should be provided by parents. To provide a simple judicial procedure through which the provisions of this title are executed (e) and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced. 317.1.1 DEFINITIONS Child/Juvenile : a person who is (Tex. Fam. Code § 51.02(2)): (a) 10 years of age or older and under 17 years of age, or 17 years of age or older and under 18 years of age who is alleged or found to have (b) engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age. The ages of children who come within various classifications of offenses may vary in each • instance. Note carefully the age limitations in each situation as set forth by law. Conduct Indicating a Need For Supervision : Conduct, other than a traffic offense, that is punishable by a fine only or would not be a criminal offense if committed by an adult (e.g., runaway, curfew violation). (Tex. Fam. Code § 51.03 (b)) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 158 Handling Juveniles - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

159 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles : A child is considered "in custody" when they would be considered "under arrest" if the Custody child was an adult. Delinquent Conduct : Conduct, other than a traffic offense, that if committed by an adult is punishable by imprisonment or confinement in jail. (Tex. Fam. Code § 51.03 (a)) : A detention situation exists when an officer detains a child for a short period for Detention investigative purposes. : Generally, a child who is accused, adjudicated, or convicted for conduct that Status Offender would not, under state law, be a crime if committed by an adult. (Tex. Fam. Code § 51.02(15)) 317.1.2 CONFIDENTIALITY The confidentiality of names of juveniles and their records is mandated by state law. The following guidelines will be strictly followed: The names of juvenile offenders will not be released to the news media or any other person (a) not involved in the judicial or diversion process. A juvenile defendant or juvenile suspect shall not be named in any public document, (b) including an affidavit for an arrest warrant involving an adult co-defendant or in an affidavit for a search warrant. However, there may be times when an investigator believes that naming a juvenile in the affidavit is essential. In those cases, an assistant district attorney assigned to juvenile court should be contacted in order that alternatives (other than naming the juvenile) can be explored. (c) Information on juveniles collected during the course of business may be released/ disseminated under the following circumstances: Information required to be collected for the "juvenile justice information system" will 1. be forwarded to the Department of Public Safety (DPS); Information compiled during investigation of a criminal combination may be released 2. to other criminal justice agencies or any court having jurisdiction over a child; 3. Information concerning missing children may be entered into NCIC; and 4. Information concerning children adjudicated of sexual offenses and required to register with the Department as sex offenders will be forwarded to DPS. Physical files and records concerning juveniles shall not be open to public inspection, and (d) shall be open to inspection only by a juvenile justice agency or criminal justice agency. If an investigator believes obtaining a warrant for the arrest of a juvenile offender is (e) necessary the investigator will present the probable cause affidavit and arrest warrant to a magistrate for approval and signature. 1. The municipal court clerk currently issues the warrant a "J" number but will not retain the affidavit or warrant on file. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Handling Juveniles - 159 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

160 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles The investigator will provide the original arrest affidavit and warrant to the Warrant 2. Office to be entered. The original warrant and affidavit will be retained by the Warrant Office until the juvenile is taken into custody. Upon apprehension of the juvenile the original affidavit and warrant will be forwarded 3. to Gardner-Betts. Copies of the affidavit and warrant will be retained in the investigative file. An affidavit for a search warrant on a juvenile offender should be submitted to a juvenile (f) court judge to obtain the search warrant. Record of the search warrant will be retained by the juvenile court. (g) All juvenile arrest files and records, when not in use, shall be secured. Under no circumstances will juvenile arrest records be mingled with adult records. 317.2 CUSTODY OF JUVENILES 317.2.1 TAKING A JUVENILE INTO CUSTODY Section 52.01 of the Texas Family Code states that a child may be taken into custody: (a) 1. Pursuant to an order of the Juvenile Court. 2. Pursuant to the laws of arrest. 3. By a law enforcement officer, if there is probable cause to believe that the child was engaged in: (a) Conduct that violates a penal law of this state or a penal ordinance of any political subdivision of this state; or Delinquent conduct or conduct indicating a need for supervision. (b) By a probation officer if there is probable cause to believe that the child has violated 4. a condition of probation imposed by the juvenile court. 5. Pursuant to a directive to apprehend. (b) In place of taking a child into custody, state law allows a peace officer to issue a field release citation for a traffic offense or an offense, other than public intoxication or possession of marijuana, punishable by fine only. (c) State law does not require that a warrant be issued to take a child into custody for a past offense, as long as there is probable cause to believe that the child committed the offense. In making warrantless arrests, patrol officers will follow the direction of an investigative unit and/or their supervisor. (d) Officers will apply the same probable cause standard for juveniles as that used for adult offenders. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Handling Juveniles - 160 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

161 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles Officers are encouraged to contact their Sector Detective Unit for advice regarding the (e) probable cause for arrest, the type of charge, disposition of the juvenile, or to provide any other assistance needed. 317.2.2 EMERGENCY MEDICAL TREATMENT Children taken into custody that are believed to suffer from a serious physical condition or illness and requires prompt treatment should be seen by EMS and/or transported to a medical facility. 317.2.3 REQUIRED PARENT NOTIFICATION In contrast to detention situations, the law requires that a child's parent/guardian be promptly notified when the child is in police custody. If a child is taken to a Juvenile Detention Facility, intake personnel will typically make the (a) parent notification. However, at times, they may need assistance from APD when a parent/ guardian cannot be contacted by phone. In that case, intake personnel may request that APD attempt to contact the parents in person by calling Communications. (b) In the event that a child taken into custody is brought directly to an APD facility to be interviewed, it is the responsibility of the arresting officer to make parent/guardian notification or coordinate that notification with the appropriate investigator. Officers shall indicate on the juvenile facility booking form and in an incident report (c) information regarding contact with the juvenile's parent/guardian. 317.2.4 SEPARATION REQUIREMENTS Juveniles shall not be transported in the same vehicle with adults who are suspected of or charged with criminal acts. Juveniles shall be separated at any and all times by sight and sound from adults detained in the same building. Separation requires that adults and juveniles in detention are unable to see each other or to converse (Tex. Fam. Code § 51.12). 317.2.5 RELEASING A JUVENILE FROM CUSTODY When releasing a juvenile from custody, officers should take reasonable steps to release (a) him to his custodial parent or guardian. (b) If a custodial parent or guardian is not available and officers need to release the juvenile to someone else, the following guidelines shall be followed: Run a check for any protective order regarding the adult with whom placement of 1. the juvenile is being considered. Complete warrant and criminal history checks to ensure the juvenile is not being 2. placed with a wanted or dangerous felon. 3. Contact Child Protective Services' Law Enforcement Number (the number is available through APD Communications) and request a CAPS (Child/Adult Protective Services) check be done to ensure the juvenile is being placed in a safe environment Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 161 Handling Juveniles - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

162 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles with no abuse history through CPS. The CPS worker answering the phone will need the following information on the person with whom you want to place the child: (a) Name, address, and any other pertinent identifying information. The CPS worker will ask you for a phone number to call in order to verify (b) your identity and provide any history on the subject. Officers shall provide the phone number for the Communications supervisor. (This process should take approximately 10 minutes). 4. Fully identify the person with whom the juvenile is being placed and any CPS related information in the incident report. 317.3 JUVENILE DISPOSITIONS AND REQUIRED DOCUMENTATION An officer who has detained or arrested a child for conduct indicating a need for supervision, delinquent conduct, or a traffic offense will use the following guidelines for disposition of the child. The paperwork and procedures for taking custody of a juvenile varies depending on the type of conduct. 317.3.1 CONDUCT INDICATING A NEED FOR SUPERVISION Class C Misdemeanors: are punishable by fine only and fall under the jurisdiction of (a) Municipal Court. Juveniles who commit Class C Misdemeanors shall be issued citations. : (b) Curfew Violations 1. Daytime If the child/juvenile is an AISD student, they shall be returned to school, issued (a) a citation and released to school authorities. If the child/juvenile is not an AISD student, or cannot be returned to the (b) appropriate school district and released to school authorities, they shall be issued a citation. The officer shall attempt to contact a custodial parent or guardian to respond to the scene and take custody of the child/juvenile. If the officer is not able to contact a custodial parent or guardian, the officer shall follow the guidelines for "Releasing A Juvenile From Custody" as outlined in this policy. 2. Nighttime Children/Juveniles violating the nighttime curfew ordinance shall be issued a (a) citation. The officer shall attempt to contact a custodial parent or guardian to respond to the scene and take custody of the child/juvenile. If the officer is not able to contact a custodial parent or guardian, the officer shall follow the guidelines for "Releasing A Juvenile From Custody" as outlined in this policy. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 162 Handling Juveniles - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

163 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles When an officer establishes that a juvenile is a runaway, every attempt should (c) Runaways: be made to transport the runaway home for release to a custodial parent or guardian, or have the custodial parent or guardian meet the officer at the scene for release. If the officer is not able to contact a custodial parent or guardian, the officer shall follow the guidelines for "Releasing A Juvenile From Custody" as outlined in this policy. If a juvenile cannot be released to an appropriate adult, the following guidelines shall be followed: (a) Transporting (a) If the initial runaway report was generated by any agency within Travis County, the juvenile shall be taken to Life Works. Any forms required by the facility shall be completed. If the runaway report was generated by an agency outside of Travis County, (b) the juvenile shall be taken to Gardner-Betts. A booking sheet shall be completed. (b) Reporting (a) If the original report was generated by APD, a supplement shall be written to the original report. If the original report was generated by any agency other than APD, an incident (b) report shall be initiated and titled "Recovered Runaway." Possible Custody Situations (d) : The following situations are typically considered conduct indicating a need for supervision though sometimes circumstances dictate that transport to a detention facility may be required. If a juvenile is transported to a detention facility for any of the following offenses, the officer is required to complete a booking sheet. Driving Under Influence (DUI) : Officers shall adhere to the guidelines outlined in 1. Policy 355 (DWI Enforcement) for how to handle Juvenile DUI/DWI arrests. Family Violence Assault By Contact/Threat : If necessary to preserve the peace 2. and eliminate the possibility of further violence, a juvenile may be taken into custody and transported to the appropriate juvenile detention facility if they are involved in a family violence situation and commit a Class C misdemeanor offense such as "assault by contact" or "assault by threat" in the presence or view of a peace officer. 317.3.2 DELINQUENT CONDUCT Juveniles taken into custody for delinquent conduct (Class B misdemeanors or above) shall (a) be processed and booked as follows: : The juvenile shall be transported to the APD ID Section for 1. Travis County processing, followed by booking at Gardner-Betts. Any accompanying paperwork shall be turned in to the Gardner-Betts intake officer. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 163 Handling Juveniles - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

164 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles If a juvenile is combative and it is unsafe to bring them to the (a) being APD ID Section, officers may request an APD ID Technician to meet them at Gardner-Betts to process the juvenile there. : The juvenile shall be transported to the Williamson County 2. Williamson County Juvenile Justice Center for processing and booking. Any accompanying paperwork (e.g., booking sheet, receipts, pictures) shall be forwarded to the appropriate Area Command Investigative Unit for disposition. 3. : Upon taking a juvenile into custody in Hays County, officers shall Hays County call the 24 hour intake number for the Hays County Juvenile Detention Center at (512)393-5220, ext 11201 for approval prior to transport. If the officer is denied approval for intake, the officer shall notify his immediate supervisor and follow the guidelines for "Releasing A Juvenile From Custody "as outlined in policy. The juvenile shall be transported to the APD ID Section for processing, followed by booking at the Hays County Juvenile Detention Center. Any accompanying paperwork shall be turned in to the Hays County Juvenile Detention Center intake officer. In certain instances, processing of a Juvenile is not required. Juveniles may be transported (b) directly to the appropriate Juvenile Detention Facility and booked when: (a) Any warrant or directive to apprehend issued by TYC or Juvenile Court (e.g., probation violation warrants, escape from TYC warrants). Any warrant or directive to apprehend a child where the child was already processed (b) for the original charge. (c) Any offense that occurred prior to Jan. 1, 1996. If a juvenile is taken into custody for DWI, the juvenile shall be transported directly to an (c) Intoxilyzer room and requested to perform any tests prior to processing and booking. If an officer is booking a juvenile for delinquent conduct and also chooses to file a Class C (d) charge, the officer shall issue the juvenile a misdemeanor citation for the Class C violation(s). Class C charges shall NOT be placed on the booking sheet. (e) A juvenile taken into custody for delinquent conduct shall not be released to a parent/ guardian until the child has been processed and booked at the appropriate Juvenile Detention Facility. 317.3.3 TRAFFIC OFFENSES Juvenile traffic violators should be handled in the same manner as adult violators. 317.4 INFORMATION NEEDED BY A JUVENILE DETENTION FACILITY Under the provisions of the Family Code, pending a hearing, a child taken into custody will be released immediately by the Juvenile Court to a parent unless certain designated circumstances exist. Officers should inform intake personnel the following facts, when known: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Handling Juveniles - 164 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

165 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles The child is likely to abscond or be removed from the jurisdiction of the court. (a) (b) Suitable supervision, care or protection is not being provided to the child by a parent, guardian or other person. The child has no parent, guardian or other person able to return them to the court when (c) required. (d) The child may be a danger to themselves or may threaten the safety of the public if released. (e) The child has previously been found to be a delinquent child or has been previously convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released. 317.5 JUVENILE INTERVIEWS, INTERROGATIONS AND STATEMENTS 317.5.1 TYPES OF STATEMENTS (a) The following types of statements made by juvenile suspects are admissible as evidence under the Family Code: - spontaneous statements made by children may be used as if they Res Gestae 1. were made by an adult. Statements leading to the discovery of evidence - defined as oral statements of 2. fact or circumstances that are true, which tend to establish the child's guilt, such as finding secreted or stolen property or the instrument with which the child states the offense was committed. - An oral or written statement by a child in custody, detention Custodial Statements 3. or confinement is admissible if, before giving the statement, the child has been given the Miranda warning by a magistrate. This warning must be given out of the presence of police officers or prosecutors. An exception would be under circumstances when it is deemed necessary to have an officer present for the magistrate's protection. Oral Statements (a) : The statement must be recorded by an electronic recording device (tape recorder or video camera) and, before making the statement, the child receives the Miranda warning by a magistrate as described above and the warning is made part of the recording. : The written statement must be reviewed with the Written Statements (b) juvenile, and signed, in front of the magistrate and out of the presence of police officers or prosecutors unless necessary for the magistrate's protection. (b) The Family Code does not preclude the admissibility of other types of statements, including those that "do not stem from custodial interrogation." The admissibility of such statements Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Handling Juveniles - 165 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

166 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles will depend upon the circumstances surrounding the taking of the statement and the facts of the case. 317.5.2 WORKING WITH PARENTS A child's parent or guardian has personal legal responsibility for the child's welfare and behavior. The Department recognizes this responsibility and police officers will work with parents as closely as possible in interviewing children. Examples of procedures that help parents are: Explaining a child's illegal or suspicious behavior as soon as possible. (a) Responding with patience and understanding to questions that are defensive or reflect a (b) parent's fears about police procedures and the court system. When reasonable, giving parents advance notice that their child will be interviewed or (c) interrogated. 317.5.3 GENERAL GUIDELINES FOR INTERVIEWING JUVENILES The Department encourages officers to adjust their interviewing style to be sensitive to each (a) person's age and experience, remaining consistent with the Department's commitment to treat all people with respect. The more approaches an officer can use, the more cooperation they can achieve with each child. : An interview takes place when a juvenile witness or victim of a crime is (b) Interviews questioned. It is not necessary to administer rights or to have the parents or guardians present. If a child implicates themselves during the interview, the interview shall be stopped and the procedures for interrogation followed. (c) Age Considerations: If the child is too young or mentally incompetent to render a decision, the parents or 1. guardians should be present. Interviewing children under the age of 13 should be done at the Center for Child 2. Protection, especially when the child is the victim of a violent offense. 317.5.4 GENERAL GUIDELINES FOR INTERROGATING JUVENILES Interrogations (a) : An interrogation is the questioning of a juvenile who is suspected of a status or criminal offense. On-scene Interrogation 1. : Street interrogations should be avoided until after the juvenile can be processed unless it is absolutely necessary for the preliminary investigation. However, street interviews often present exigent circumstances that demand immediate action from the responding officer. Suspects, weapons and evidence may be lost if information is not immediately obtained. Officer safety, safety of the public, and the need to obtain basic information are considerations that patrol officers must deal with in making decisions regarding the street interrogation of a Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 166 Handling Juveniles - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

167 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles juvenile. The general rules of interrogation and admissibility of evidence apply to juveniles, with additional requirements existing for custodial interrogations. 2. Non-Custodial Interrogations: Juveniles are not in custody when they are voluntarily brought in by a parent (a) or guardian. Therefore, no magistrates' warning is required prior to taking a confession under these circumstances. (b) Officers should be aware of any factor that might negate the non-custodial status of the interrogation and affect the admissibility of the statements obtained. For example, giving a child a ride to the station, even if the child accompanied the officer voluntarily and with the consent of their parents, could be interpreted by the courts as an indication that the juvenile was "in custody." (c) Juveniles who have given voluntary non-custodial confessions will not be immediately taken into custody. They will be released to a parent/guardian. If probable cause for arrest is developed through the confession or otherwise, a juvenile warrant may be obtained. Failure to follow this procedure could taint the voluntariness of the confession. Custodial Interrogations 3. : The Miranda warning administered by a magistrate must precede all custodial confessions. Prior to conducting a custodial interrogation of a juveniles, employees will confer with the juvenile and parents or guardians to explain agency and juvenile justice system procedures. The custodial interrogation of a juvenile may take place in two types of situations; the exact procedures to be followed vary depending on the situation. : The interrogation of a juvenile may take At a Juvenile Processing Office (a) place at a juvenile processing office if the juvenile is transported there immediately after the juvenile is taken into custody. While at the juvenile processing office the guidelines of Family Code Section 52.025 must be strictly adhered to: The child may not be left unattended. 1. 2. The child is entitled to be accompanied by a parent, guardian, or attorney. 3. The child may not be detained in the juvenile processing office for longer than six (6) hours. Under normal circumstances, no more than 2 detectives should be 4. actively engaged in the interrogation of the child. : To interview a juvenile who has been (b) At a Juvenile Detention Facility booked into Gardner-Betts or the Williamson County Juvenile Justice Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Handling Juveniles - 167 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

168 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Handling Juveniles Center, APD must request the juvenile be returned to APD custody for an interrogation or other followup. Gardner-Betts or Williamson County Juvenile Justice Center personnel will rule whether the request will be granted. 1. The investigator will call Gardner-Betts or the Williamson County Juvenile Justice Center in advance to arrange for a custody transfer. Unless the interview occurs at the detention facility, the interview will 2. only take place in a designated Juvenile Processing Office that is in accordance with CCP Sec. 52.025. Upon completion of the interview/statement the juvenile must be 3. returned to the custody of Gardner-Betts or the Williamson County Juvenile Justice Center. 317.6 FINGERPRINTS AND PHOTOGRAPHS (a) Except as listed in section (d) below, juveniles may be photographed or fingerprinted only under the following circumstances consistent with provisions of the Family Code: With consent of the Juvenile Court (e.g., via a court order). 1. 2. If the child is taken into custody for conduct that is a felony, or a misdemeanor punishable by confinement in jail. 3. If the child is not in custody and the child's parent or guardian voluntarily consents in writing to the photographing or fingerprinting of the child. (b) The fingerprints of a juvenile suspect in a criminal case where latent prints were obtained may be used for comparison purposes only if the prints were obtained in a manner allowed by the Family Code. (c) The photograph of a juvenile suspected in connection with a criminal case where it is believed the photograph will help in the identification of the offender (e.g., a photo lineup) may be used only if it was obtained in a manner allowed by the Family Code unless it is publicly available (such as in a school yearbook). (d) : Restrictions on fingerprinting/photographing juveniles do not apply in the Exceptions following situations: If the photographs/fingerprints are obtained as part of the registration process for a 1. juvenile required to register as a sex offender under CCP Section 62. If the child is a victim or witness, and photographs are needed for evidentiary or 2. documentary purposes (e.g., photographs of injuries, or videotaped statement of a child victim/witness). 3. If a child has had access to a crime scene but is not a suspect, and their prints are needed for comparison to latents for elimination purposes. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Handling Juveniles - 168 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

169 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 318 Detentions, Field Interviews, and Field Photographs 318.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for conducting and documenting detentions, interviews, and taking and retaining photographs of subjects in the field. 318.1.1 DEFINITIONS - Occurs when an officer contacts an individual but does not create a Consensual Encounter detention through words, actions or other means. In other words, a reasonable individual would believe that his contact with the officer is voluntary. - A person is in "custody" only if, under the circumstances, a reasonable person would Custody believe that his freedom of movement was restrained to the degree associated with a formal arrest. Custody can be construed as actual or constructive; therefore it is incumbent upon the officer to be conscious of the subject's belief about whether or not he is free to leave. Detention - The brief stopping of an individual based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. Field Observation (FO) Card - The documentation of a subject stop when there is not a corresponding incident report, supplement or citation for the stop. - Posed photographs taken of a person during a contact, detention or arrest Field Photographs in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio Video system when persons are not posed for the purpose of photographing are not considered field photographs. Reasonable Suspicion - Occurs when, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity. 318.2 GENERAL POLICY (a) Officers will identify themselves when they initiate a duty-related contact with a person, when practicable, unless their identity is obvious. (b) Officers will explain the reason for the contact and the purpose of anticipated police action, , when practicable. (c) Officers will act with as much restraint and courtesy toward persons interviewed, detained or arrested as is possible under the circumstances. (d) Nothing in this policy is intended to discourage consensual encounters. Frequent and random casual contacts with consenting individuals are encouraged by the Austin Police Department to strengthen our community involvement, community awareness and problem identification. Detentions, Field Interviews, and Field Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Photographs - 169 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

170 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Detentions, Field Interviews, and Field Photographs 318.3 DETENTIONS Detentions are "seizures" under the Fourth Amendment. Officers may stop and question individuals when reasonable suspicion that the person may be involved in past, present or future criminal activity exists. (a) In justifying the stop, officers should be able to point to specific facts which, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to, the following: 1. The actions, appearance or demeanor of an individual suggests that he is part of a criminal enterprise or is engaged in a criminal act. Some factors include: (a) The subject is carrying a suspicious object. (b) The subject's clothing bulges in a manner that suggests he is carrying a weapon. (c) The hour of day or night is inappropriate for the subject's presence in the area. (d) The subject's presence in the particular area is suspicious. 2. The subject is located in proximity to the time and place of an alleged crime. 3. The officer has knowledge of the subject's prior criminal record or involvement in criminal activity. (b) Officers may detain persons they lawfully stop for a reasonable length of time in an attempt to: (a) Verify their identity. (Officers should be familiar with Penal Code Section 38.02. Persons are not required to identify themselves unless they are under arrest; however, if they are legally detained and choose to identify themselves, they must do so accurately.) (b) Account for their conduct and/or their presence. (c) Discover whether a crime occurred. (d) Determine person's involvement. (c) Officers shall release a person from an investigative stop if: (a) The person eliminates the officer's reasonable suspicion of criminal involvement; or (b) The officer fails to develop the probable cause necessary to arrest within a reasonable time. 318.3.1 HANDCUFFING DETAINEES (a) Detainees should not be handcuffed as a matter of course. However, situations may arise where it may be reasonable to handcuff an individual who is lawfully detained. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Detentions, Field Interviews, and Field Published with permission by Austin Police Department Photographs - 170 APD Policy Manual 2017-1.5 Issued 7/20/2017

171 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Detentions, Field Interviews, and Field Photographs (b) Factors that may reasonably cause an officer to use handcuffs or other limited force on a detainee include, but are not limited to: physical resistance; verbal threats against the officer or others nearby; investigation of a violent crime or a crime involving weapons; or reliable information that the person is armed (without appropriate license) or violent, or a flight risk. (c) Officers should weigh the safety interests of all persons involved against the intrusion upon the detainee when deciding to place handcuffs on, or remove handcuffs from, a detainee. (d) Officers will document their justification for handcuffing a person who has been detained for a limited investigation, in their offense report, and will notify their supervisor. Unless arrested, the use of handcuffs on detainees at the scene of a search warrant should (e) continue for only as long as is reasonably necessary to assure the safety of officers and others. 318.3.2 DETAINING FOREIGN NATIONALS (a) Federal courts have consistently held that undocumented presence is not a crime but a federal civil violation only enforceable by federal officers. 1. Officers shall not detain persons solely for determining immigration status. (b) Officers detaining a foreign national shall notify the appropriate consular official upon request or when the detention exceeds two hours. The Communications Division will maintain a current telephone list of foreign embassies and consulates and a list of mandatory notice countries. 1. Officers shall document in the narrative of the appropriate incident report the date and time Communications was notified of the foreign national's detention and his claimed nationality. (c) The following additional policies cover handling foreign nationals: 1. Policy 319 (Custody Arrests) outlines procedures for arresting foreign nationals who do not claim to have immunity. 2. Policy 330 (Foreign Officials Claiming Immunity) outlines procedures for detaining and arresting foreign officials who claim to have immunity. 318.3.3 DETAINING FEDERAL AND STATE LEGISLATORS Policy 319 (Arrests) outlines procedures for arresting Federal and State Legislators. 318.4 CONSENSUAL ENCOUNTERS Officers are encouraged to initiate interviews with people of the community in order to gain a thorough knowledge and become an integral part of the community. (a) Officers may talk to a person at anytime, for any reason, in performance of their duties. (b) An interview should be conversational and not confrontational. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Detentions, Field Interviews, and Field Published with permission by Austin Police Department Photographs - 171 APD Policy Manual 2017-1.5 Issued 7/20/2017

172 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Detentions, Field Interviews, and Field Photographs (c) A consensual encounter is not a stop or arrest and there is no intent to inhibit any rights or freedoms of a person. The person has the right to: 1. Fail to respond to the officer. 2. Refuse to identify himself. 3. Walk away from the officer. (d) Negative inferences will not be made based on a persons refusal to cooperate in the interview. (e) Photographs of persons interviewed during a consensual encounter shall not be taken without the person's permission. 318.5 FIELD INTERVIEWS, STATEMENTS AND CONFESSIONS The basis of a statement or confession is to corroborate the elements of an incident. Written and oral statements or confessions should not be utilized as the sole basis for filing charges; any statement or confession should be corroborated by other legally obtained evidence or verified in an appropriate manner. Officers should keep in mind the following things when interviewing/ interrogating a subject: (a) During a non-custodial interview, an officer will usually allow a subject to leave after taking the statement or confession. A warrant can be obtained at a later time to take the subject into custody. (b) There may be occasions when information is disclosed that changes the focus of the investigation toward the subject, where the facts and circumstances of the case dictate that he is no longer free to leave changing the non-custodial interview to a custodial interrogation. (c) When an officer begins accusatory questioning of a subject who is not free to leave, the subject would generally be considered under "arrest" and the interview/interrogation would be "custodial." (d) Once a subject requests to speak with an attorney or indicates a desire for legal representation, the interview/interrogation will cease. 318.5.1 MIRANDA WARNING (a) Officers will administer the Miranda Warning to a subject during a custodial interview/ interrogation when questioning begins to focus on the person stopped, becoming accusatory regarding a specific offense. (b) The Miranda Warning will be administered by audio/video recording (e.g., in-car Mobile Audio Video Recording system) using the following process: 1. Read the Miranda card to the subject in its entirety; and 2. Ensure the subject acknowledges, understands, and voluntarily waives his rights by: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Detentions, Field Interviews, and Field Published with permission by Austin Police Department Photographs - 172 APD Policy Manual 2017-1.5 Issued 7/20/2017

173 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Detentions, Field Interviews, and Field Photographs (a) Write the officer's name and the date, time, and incident number on the face of the card; and (b) If practical, request the subject to initial next to each Miranda right and sign the card. If the subject has verbally acknowledged understanding and waiving his rights but does not sign the card, the interview/interrogation may still continue. 3. Officer safety should not be compromised during a field interview/interrogation in order to record acknowledgment of rights. 318.6 FIELD PHOTOGRAPHS (a) Field photos should only be used for: 1. Identification of a subject or a subject's automobile. 2. Identification of a subject's condition (e.g., injuries, tattoos, evidence stains on clothing, jewelry, distinctive clothing/shoe patterns). 3. Documenting evidence. (b) Access to field photographs shall be strictly limited to law enforcement purposes. (c) Force shall not be used to obtain photos in a detention situation. 318.6.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject of the photograph knowingly and voluntarily gives consent. The officer shall document the consent in the appropriate incident report, supplement or FO card. 318.6.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT Field photographs may be taken without consent only if taken during a detention that is based on reasonable suspicion of criminal activity and the photograph serves a legitimate law enforcement purpose related to the detention. (a) The officer must be able to articulate facts that reasonably indicate that the subject was involved in, or was about to become involved in, criminal conduct. (b) Mere knowledge or suspicion of gang membership or affiliation is not a sufficient justification for taking a photograph without consent. (c) If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken. 318.6.3 JUVENILE PHOTOGRAPHS Juveniles may only be photographed: (a) With consent of the juvenile court (e.g., via a court order). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Detentions, Field Interviews, and Field Published with permission by Austin Police Department Photographs - 173 APD Policy Manual 2017-1.5 Issued 7/20/2017

174 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Detentions, Field Interviews, and Field Photographs (b) If the child is taken into custody for delinquent conduct that is punishable by confinement in jail (Class B misdemeanor or higher). (c) If the child is not in custody and the child's parent or guardian voluntarily consents in writing to the photographing of the child. 318.6.4 PROHIBITED RECORD KEEPING All field photographs must be downloaded to the electronic database or turned in as evidence. (a) Officers shall not: 1. Keep a personal or shift-level copy of any photograph taken during a field stop for non-law enforcement purposes. 2. Post a field photograph of any person not currently wanted by a law enforcement agency. 318.6.5 SUPERVISOR RESPONSIBILITY While it is recognized that field photographs often become valuable investigative tools, supervisors should monitor such practices for compliance with Department policy. This is not to imply that supervisor approval is required before each photograph. 318.7 FIELD EYEWITNESS IDENTIFICATION Proper procedures for handling field identifications are outlined in the Field Identifications section of Policy 403 (Follow-up Investigations). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Detentions, Field Interviews, and Field Published with permission by Austin Police Department Photographs - 174 APD Policy Manual 2017-1.5 Issued 7/20/2017

175 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 319 Arrests 319.1 PURPOSE AND SCOPE This policy outlines the guidelines for warrant and warrantless arrests. The following policy cannot address every situation that an officer might encounter; however, in exercising arrest authority, officers should be guided by what is contained in this document. Nothing in this policy should be interpreted as authorizing or restricting an officer's arrest authority as defined by the Code of Criminal Procedure. 319.1.1 ARRESTS REQUIRING SUPERVISOR APPROVAL Officers shall obtain supervisor approval on the following types of arrests prior to booking the subject into jail: (a) Any arrest where an officer is the victim (e.g., assault on a police officer, resisting arrest or search). (b) Evading arrest. (c) Arrest for multiple traffic. (d) Refusal to sign a citation. Failure to identify. (e) Any full custody arrest for an offense meeting the criteria for a Class A or Class B (f) Misdemeanor Citation as outlined in Policy 308 (Misdemeanor Citations). (g) Any Class C warrant arrest inside a private residence. Any arrest where a foreign official is claiming immunity as outlined in Policy 330 (Foreign (h) Officials Claiming Immunity). 319.1.2 SUPERVISORY ORDERS Supervisors will not order any subordinate to arrest a person suspected of a misdemeanor violation of law witnessed by the supervisor but not witnessed by the subordinate unless: The supervisor articulates the probable cause upon which the arrest is based as soon as (a) practicable; and The supervisor completes a supplement to the incident report. (b) 319.2 WARRANT ARREST GUIDELINES (a) Officers will arrest any person found to have an outstanding warrant, provided the arrest can be made in compliance with Department policy. (b) Officers legally inside a residence that finds any resident found to have an outstanding: Felony, Class A or Class B warrant will arrest the person. 1. Class C warrant will not arrest the person unless authorized by a supervisor. 2. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 175 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

176 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests 319.2.1 WARRANT SERVICE GUIDELINES Officers attempting to conduct a warrant service shall adhere to the following guidelines: (a) Before any warrant service is attempted at a private residence or place of employment (as listed in the PICKUP supplement) officers shall: Review the incident report in its entirety to determine if and when a previous warrant 1. service has been attempted. Officers shall not normally return to a location to serve a warrant where an (a) attempt has been previously made unless additional information has been developed suggesting the offender has returned. 2. Verify the warrant status by contacting the Central Records/Warrant Unit or Teletype, either directly or through Communications. 3. Supervisors shall be notified and a "Threat Assessment Form" (APD Form 11) shall be completed prior to any warrant service where a forced entry is planned or anticipated. (b) Officers receiving information that a person with an arrest warrant is inside a third party private residence may NOT enter and search for the violator. Courts have held that this includes, but is not limited to a home, apartment, or hotel/motel room. The exception to this rule is when: (a) The officer is in possession of a valid search warrant for that specific residence/ location. (There is no requirement for a search warrant of PUBLIC areas of a commercial establishment); or The officer has received consent from the person/s in care, custody and control of (b) the location. Consent procedures are outlined in Policy 306 (Search and Seizure); or (c) The officer can clearly articulate exigent circumstances that delaying entry would expose a person to serious injury or death or allow the violator to escape. Warrant service attempts that did not result in the arrest of a subject shall be documented (c) immediately by DIRECT ENTRY of a supplement to the original incident report in Versadex. The following information is required in the supplement: (a) Date/time of each attempt; and (b) Address(s) and/or location(s) of attempt(s); and (c) Identity of person(s) contacted; and Information relating to the search of a location (e.g., was permission granted or (d) refused, vacant); and Useful information relating to a subject (e.g., new location, vehicles, employment, (e) acquaintances); and Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 176 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

177 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests Identification of all officers involved in warrant service. (f) (d) Warrant service resulting in an arrest of the wanted subject shall be documented immediately by DIRECT ENTRY of a supplement to the original incident report into Versadex. The following information is required: "CANCEL CANCEL CANCEL" in the subject line and at the top of the supplement; (a) and (b) Date/time of service; and (c) Address(s) and/or location(s) of service; and (d) Information relating to search of location (e.g., was permission granted or refused, vacant); and (e) Identification of all officers involved in warrant service. 319.2.2 WARRANT HIT AND CONFIRMATION During the course of a lawful detention or arrest, an officer may run a subject for warrants. (a) When a "hit" is received on a local, TCIC or NCIC warrant inquiry, confirmation from APD or the originating agency must be obtained prior to taking official action. Confirmation shall be the authorization for placing the person in jail for the warrant. 1. The person may be detained until confirmation is made by APD or the originating agency. Should circumstances make a custody arrest impractical, a person detained solely 2. for a Class C warrant may be released with the approval of a supervisor. 3. If a warrant confirmation is not received within 10 minutes, the arresting officer may either release the subject or continue to await a response. If a subject is arrested for an APD warrant, officers shall: (b) 1. Obtain the original APD warrant from the Central Records/Warrant Unit during normal business hours; or Have Communications/Teletype fax or email the warrant to the jail after confirmation. 2. 3. Warrants from other agencies should be faxed or emailed to the jail by the originating agency after confirmation. 319.2.3 WARRANT ARRESTS AT PRIVATE RESIDENCES Officers legally inside a residence shall arrest any resident found to have an outstanding (a) Felony, Class A or Class B misdemeanor warrant. Officers shall not normally arrest a resident for a Class C warrant unless authorized by a (b) supervisor. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 177 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

178 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests 319.3 WARRANTLESS ARREST GUIDELINES These guidelines are based upon the idea that the use of an arrest, followed by prosecution, is not the primary or exclusive method available to officers and the Department. (a) Minor infractions of the law may not be sufficient to justify an arrest. Officers should be concerned with what the law says and what the law was designed to accomplish. Laws generally serve as the tools officers use to protect residents' rights and to maintain peace in the community. If enforcement of the law does not serve these purposes, arrests can rarely be justified. (b) One of our concerns is the maintenance of public order, looking toward a preventive rather than a punitive approach to crime. (c) Officers are not required to exhaust all alternatives, or go through the alternatives in succession before making an arrest, but may resort to that method that will most quickly and safely bring the situation under control. Officers may consider any factors that are reasonably believed to be relevant, based upon (d) observations and in light of personal knowledge, training and experience. (e) Officers are expected to be able to state and describe the reason(s) for a particular course of action upon the request of a reviewing supervisor or the Arrest Review Unit. Arrests will not generally be made outside the jurisdiction of this department except in (f) cases of hot and/or fresh pursuit, while following up on crimes committed within the City, or while assisting another agency. On-duty officers who discover criminal activity outside the jurisdiction of the City should, when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest. 319.3.1 IN-CUSTODY ARREST SITUATIONS Felony, Class A and Class B Misdemeanors (a) Violators who commit a Class A or Class B offense and meet all the requirements 1. for a Misdemeanor Citation as outlined in Policy 308 (Misdemeanor Citations) shall be issued a citation in lieu of arrest unless otherwise authorized by a supervisor. 2. Custody arrests shall be made for all other offenses greater than a Class C where there is a lawful arrest authority. Class C Misdemeanors (b) Class C misdemeanors should generally 1. be enforced by a field release citation. Officers shall select the least intrusive or severe course of enforcement action but should initiate a custody arrest if the issuance of a citation will not: Stop existing criminal conduct; or (a) Remove the imminent threat of violence or criminal conduct; or (b) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 178 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

179 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests Prevent persons from endangering themselves or others. (c) 2. A custody arrest for minor offenses should be made when there is reason to believe the actor is, or has been, involved in a more serious offense and the arrest will serve to gather evidence of that additional offense. 319.3.2 WARRANTLESS ARRESTS AT A PRIVATE RESIDENCE Misdemeanors (a) 1. Officers shall not forcibly enter a private home to arrest a person for a misdemeanor violation. This includes officers in hot pursuit of a subject, and cases in which the subject has escaped from custody and fled into a private home. 2. Custody arrests shall not normally be made for a misdemeanor offense inside a home unless authorized by a supervisor. However, the following misdemeanor custody arrests inside a home shall be made and do not require a supervisor's approval: (a) The offense is committed in the officer's presence. (b) Family Violence incidents. Officers shall comply with current Department policy regarding Family Violence. The offense is a violation of a valid protective order. (c) 3. Except as noted above, when a violation occurs in a private home or the person flees into a private home, it is preferable for the officer or a citizen to file a complaint and have warrants issued for the person's arrest. Persons should not be arrested and charged with being intoxicated if they are on 4. their own property. Subjects may be arrested if they are creating a disturbance on their own property and can be viewed by other persons, and the disturbance cannot be ended in any other manner. However, if they are not creating a disturbance and no other violation exists, no arrest shall be made. (b) Felonies (a) Officers who are legally inside a private residence and observe a felony being committed, or develop probable cause to believe a felony has been committed and there is no time to get a warrant, may make an arrest. (b) Before officers forcibly enter a private home to arrest for a felony, they should, whenever possible, obtain the approval of a supervisor and act only when the supervisor is present. When officers develop probable cause to believe a felony is being committed inside (c) a private home and a bona fide emergency exists (exigent circumstances), they may enter to arrest the violator. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 179 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

180 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests Officers in hot pursuit of a felony violator who flees into a private home may enter (d) to effect the arrest. Officers receiving information that a felony violator is inside a private residence (e) (courts have held that this includes but is not limited to a home, apartment, or hotel/ motel room) may only enter and search for the violator when: They are in possession of a valid search warrant for the location; or (a) (b) They have received consent from the person(s) in care, custody and control of the location. Consent can be written or recorded electronically with audio and/or video; or (c) They can clearly articulate that delaying entry would expose a person(s) to serious injury or death, or allow the violator to escape; or (d) They have personally observed the felony violator enter the residence at that time. 319.3.3 ADDITIONAL FELONY ARREST PROCEDURES (a) Most felony arrests require direct notification to the appropriate Investigative Unit. (b) Officers can make the notification by phoning the Investigative Unit during normal business hours, the on-call detective after business hours, or the Unit's voice mail line designated for such notification or the city email designated for that investigative unit (e.g. [email protected]). Investigative Units will have a detective available on- duty or on-call 24 hours a day if guidance is needed or they have specific questions that need to be answered at that time (i.e. validity of arrest). 1. The arresting officer is responsible for consulting with their supervisor prior to on-call detective after business hours. notifying any 2. Supervisors are responsible for ensuring the appropriate Investigative Unit is contacted when necessary. (c) The Investigative Unit will: 1. Help ensure the validity of the arrest; and 2. Provide assistance with the appropriate wording of probable cause affidavit(s); and 3. Respond to the crime scene, if necessary, to provide additional expertise. (d) For charges that will be direct filed, consultation with an on-call detective does not replace the required review of arrest paperwork by Arrest Review. 319.4 SPECIAL CIRCUMSTANCES SURROUNDING ARRESTED PERSONS Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 180 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

181 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests 319.4.1 IMPOUNDING VEHICLES If the owner/operator of a vehicle has been arrested, the vehicle shall be impounded and (a) preserved for evidence processing if it: 1. Is the instrument, fruit, or evidence of a crime; or Contains an instrument, fruit or evidence of a crime. 2. (b) If the owner/operator of a vehicle has been arrested but the vehicle is not needed for evidentiary purposes, the arresting officer may impound the vehicle. 1. At the officers discretion, the vehicle may be released to a responsible person present at the scene if the owner/operator requests it. (a) The person taking custody of the vehicle must be in possession of a valid driver's license and be capable of providing care, custody and control of the vehicle. (b) The identity of the person (name, DOB, driver's license, address) who takes custody of the vehicle shall be noted in the officer's incident report. When a subject's vehicle has been impounded due to an arrest and it is determined that the (c) subject will be released rather than booked into jail, a supervisor may authorize the waiving of any applicable impound fee. (a) The supervisor will contact the authorized impound company and advise to release the vehicle without charge. The fact that the fee was waived, and the name and employee of the supervisor (b) authorizing the waiver, shall be documented in the officer's incident report. 319.4.2 CHILDREN IN CUSTODY OF ARRESTED PERSONS When arrested persons have a child less than 17 years of age in their care, custody and control at the time they are arrested, it is the responsibility of the arresting officer or a designated officer on-scene to ensure the safe placement of the child. Whenever possible, officers should take reasonable steps to accomplish the arrest of a (a) parent or guardian out of the presence of a child. (b) Officers shall first attempt to locate a competent adult, at the request of the arrested party, to come and take custody of any children. Should a competent adult be located, the officer shall: Run a check for any protective order regarding the adult with whom placement of 1. the child/children is being considered. Complete warrant and criminal history checks to ensure the child/children is not being 2. placed with a wanted or dangerous felon. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 181 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

182 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests Contact Child Protective Services' Law Enforcement Number (the number is 3. available through APD Communications) and request a CAPS (Child/Adult Protective Services) check be done to ensure the child/children is being placed in a safe environment with no abuse history through CPS. The CPS worker answering the phone will need the following information on the person with whom you want to place the child: Name, address, and any other pertinent identifying information. (a) (b) The CPS worker will ask you for a phone number to call in order to verify your identity and provide any history on the subject. Officers shall provide the phone number for the Communications supervisor. (This process should take approximately 10 minutes). Fully identify the person with whom the child/children is being placed and any CPS 4. related information in the incident report. (c) If a competent adult is not located after a reasonable amount of time, the arresting officer shall contact Victim Services to take custody of any children and assist with their placement with Child Protective Services. Victim Services shall assume responsibility for assistance in placing children as per agreements with Child Protective Services. (d) Law enforcement officers in the State of Texas under the Family Code, Chapter B, are given the same powers as Child Protective Services in the following situations: Section 262.104: Taking possession of a child in an emergency without a court order. (a) Section 262.110: Taking possession of child in an emergency with intent to return (b) home. 319.4.3 ANIMALS IN CUSTODY OF ARRESTED PERSONS When prisoners have an animal with them at the time of their arrest and no responsible person is available to take custody of the animal, it shall be taken to the City Animal Shelter for safekeeping until the prisoner's release. Officers shall note in the incident report who took custody of the animal. 319.5 SPECIAL ARREST SITUATIONS 319.5.1 FOREIGN NATIONALS (a) These guidelines apply to foreign nationals who do not claim diplomatic or consular immunity. 1. For handling detentions of foreign nationals, refer to Policy 318 (Detentions, Field Interviews and Field Photographs). 2. For foreign nationals who claim some form of immunity, refer to Policy 330 (Foreign Officials Claiming Immunity). (b) Officers shall arrest foreign nationals only under the following circumstances: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 182 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

183 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests 1. There is a valid warrant issued for the person's arrest. 2. There is probable cause to believe that the foreign national has violated a federal criminal law, a state law or a local ordinance. (c) Officers shall not arrest foreign nationals solely for alleged undocumented entry into the U.S. (d) The U.S. is obligated under the Vienna Convention on Consular Relations, international treaties, and customary international law to notify consular officials when foreign nationals make such a request, are arrested, or are detained for more than 2 hours. 1. Arresting officers shall immediately inform any foreign nationals of their right to have their consular official notified concerning the arrest. If foreign nationals ask that such notification be made, the arresting officer shall inform the intake officer at the booking facility. 2. The Communications Division will maintain a current telephone list of foreign embassies and consulates and a list of mandatory notice countries. (e) Foreign consular officials have the right to visit their arrested or detained nationals unless the person objects to the visit. (f) Officers shall document in the narrative of the appropriate incident report the date and time Communications was notified of the foreign nationals arrest/detention and his claimed nationality. 319.5.2 FEDERAL AND STATE LEGISLATORS Numerous federal and state legislators have offices within the City of Austin. During official legislative sessions, including travel to and from sessions, senators and representatives are immune from citations and arrest except for felonies and breaches of the peace. Officers shall notify their supervisor when enforcement action (e.g., arrest, citation) is taken (a) against a senator or representative. Supervisors shall ensure the Watch Lieutenant is notified. (b) 319.5.3 TEXAS MILITARY PERSONNEL A member of the Texas military forces enroute to or from active state military duty may not be arrested except for treason, a felony or an offense involving a breach of the peace (Tex. Gov't. Code § 437.223). For all other offenses, these persons may be issued a citation that does not conflict with the member's duty hours as specified within this policy. 319.6 CITIZEN'S ARREST The purpose of this section is to provide guidance for handling arrests made by citizens pursuant to state law. 319.6.1 CITIZEN ARREST AUTHORITY A citizen may arrest another under the following circumstances: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 183 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

184 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests When the offense is committed in the citizen's presence or view and the offense is one (a) classified as a felony or a breach of the peace (Tex. Code of Crim. Pro. art. 14.01). When there are reasonable grounds to believe property is stolen, a citizen may seize the (b) stolen property and the person suspected of committing the theft and bring the person and the property before a magistrate or to a peace officer for that purpose (Tex. Code of Crim. Pro. art. 18.16). 319.6.2 OFFICER RESPONSIBILITIES Officers approached by a citizen making an arrest must determine whether there is probable cause to believe that such an arrest would be lawful. Officers should not detain or restrain a subject beyond that which reasonably appears necessary to safely investigate the matter and determine the lawfulness of the arrest. (a) When officers determine there is probable cause to believe the arrest is lawful, they may exercise one of the following options as outlined by Department policy: Take the individual into physical custody for booking; or 1. 2. Release the individual pursuant to a field release citation. When officers determine there is insufficient arrest authority or that there does not appear (b) to be probable cause for a lawful arrest, they will promptly release the arrested individual. Officers should advise the parties that no arrest will be made at that time and that 1. the circumstances will be documented in an incident report. Officers will document the basis of the release in the incident report. 2. If the citizen is the victim of a crime that does not have a warrantless arrest authority and the person wants to file charges, officers should give the citizen the incident number and the phone number for the Investigative Unit that will perform any follow- up review. 319.7 ASSISTING OTHER AGENCIES 319.7.1 ASSISTING WITH OTHER AGENCIES WARRANT SERVICE (a) Officers encountering or dispatched to assist out of city law enforcement agency personnel or bail/bond apprehension agents with a warrant service shall contact a supervisor and consult with them prior to ANY warrant service attempts. (b) If granted permission to assist in the warrant service, officers shall follow all warrant service guidelines outlined in this policy including: Contacting the Fugitive Apprehension Unit during business hours and/or 1. Communications to verify warrant status. Confirmation from the originating agency that the warrant is valid must be obtained prior to taking official action. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 184 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

185 APD 7/20/2017 Issued 2017-1.5 Policy Manual Austin Police Department Policy Manual Arrests Checking involvement on the address for prior warrant service attempts. Officers 2. shall not return to a location to serve a warrant where an attempt has been previously made, unless additional information has been developed suggesting the offender has/will return. If an arrest of the wanted subject is made: (c) Officers shall transport the subject to jail for booking and/or magistration in 1. accordance with CCP 15.16 and 15.17. 2. Warrant confirmation and any other warrant paperwork should be submitted with the booking sheet. 3. Officers will not turn an arrested subject over to a bail/bond apprehension agent under any circumstances. (d) All warrant service attempts and arrests for out of city agency personnel or bail/bond apprehension agents shall be documented as outlined in the warrant service section of this policy. 319.7.2 ARRESTS BY OTHER AGENCIES When an arrest is made by another law enforcement agency within the confines of its geographical jurisdiction and the Department is asked for assistance, necessary assistance will be provided in compliance with Department policy governing relations with other law enforcement agencies. All follow-up investigations, booking, and filing of complaints shall remain the responsibility of the arresting agency. (a) Under CCP Article 14.03(d) and (g), peace officers have statewide arrest authority in many situations, even when outside the peace officer's jurisdiction. APD may be called upon to take custody of a subject for any arrest made in the City of Austin by a peace officer whose jurisdiction does not include the City of Austin: APD officers shall handle the case complying with CCP 14.03(d) or (g). 1. 2. The outside agency arresting officer is required to complete the necessary supplemental reports. 3. Any arrest made by an off-duty officer from another jurisdiction that does not meet the requirements of CCP 14.03 (d) or (g) shall be handled as a citizen's arrest. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Arrests - 185 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

186 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 321 Care and Transport of Prisoners 321.1 PURPOSE AND SCOPE Department values mandate that persons taken into custody will not be abused, and the individual rights of prisoners must be protected at all times. Until arrested persons are accepted at the booking facility, their care and custody shall be the responsibility of the arresting/transporting officers. 321.2 HANDLING PRISONERS 321.2.1 RESTRAINT GUIDELINES (a) Suspects being arrested and transported in police vehicles shall be handcuffed or otherwise restrained as described below: 1. Prisoners will generally be restrained with hands behind the back. If handcuffs are used, they shall be double locked. 2. In case of advanced age, injury, physical disability, or other circumstances where arrested persons are incapable of placing their hands behind their back, but circumstances warrant restraint, the officer may: Use flex cuffs. (a) (b) Apply handcuffs with the hands to the front. (c) Choose not to use a restraining device. If the prisoner is not restrained, two officers should be used to transport the prisoner as safely as possible. 3. The use of an authorized waist chain, waist belt, or travel belt is authorized: At a prisoner processing center, which includes transport from the center to (a) the booking facility; By officers in a specialized unit, if the use is authorized by Standard Operating (b) Procedures; (c) When the use is specifically authorized as part of an operations plan, or (d) When authorized by a supervisor in cases where an officer feels an arrested subject may: attempt to escape, 1. resist transport to any location, 2. or the transport involves an unusual length of time or distance. 3. 4. The supervisor's name shall be noted in the offense report or supplement. For this section, Corporals may grant approval. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Care and Transport of Prisoners - 186 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

187 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Care and Transport of Prisoners 4. Officers shall adhere to Policy 204 (Leg Restraint Device) for guidelines on using an authorized waist chain, waist belt, or travel belt. 5. Officers may purchase, at their own cost, a waist chain, waist belt, or travel belt that has been approved by the Equipment Committee. 6. Restraints should be drawn to a secure fit but not so tight as to cause a restriction in blood flow. (b) Officers shall not: Use restraints to punish, display authority, or as a show of force. 1. Secure a person to any part of a vehicle. 2. 321.2.2 SEARCHING PRISONERS Officers shall adhere to Policy 306 (Search and Seizure) when conducting searches. 321.2.3 WARNING ABOUT POSITIONAL ASPHYXIA Positional asphyxia occurs when the physical position of the body interferes with normal respiration. Such a position can be induced by the use of one or more restraints. Officers in control of a restrained person must be alert to the physical position of the person in order to minimize the possibility of positional asphyxia. 321.3 TRANSPORTING ARRESTED PERSONS The law imposes a duty of care on the transporting officer to protect prisoners from injury. 321.3.1 GENERAL GUIDELINES (a) Any vehicle used to transport prisoners shall be searched for weapons and contraband at the beginning of a tour of duty, before and after each prisoner transport, and at the end of a tour of duty. (b) All prisoners shall be seatbelted and placed in an upright position while in a police vehicle. (c) The prisoner must be under observation at all times to reduce opportunities for escape, disposal or destruction of contraband, and/or attack on the transporting officer. (d) Safety Barrier: 1. When a vehicle is equipped with a safety barrier, the prisoner shall always be transported within the confines of the safety barrier. Officers shall position prisoners in the passenger side rear seat so they can be observed through the rear view mirror. If the vehicle is not equipped with a safety barrier, a single prisoner shall be placed 2. in the front seat where the transporting officer can maintain observation and control of the prisoner. (e) Once secured in the vehicle, prisoners should not be allowed to talk with anyone other than police or medical personnel. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Care and Transport of Prisoners - 187 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

188 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Care and Transport of Prisoners While transporting a prisoner in a vehicle equipped with an MAV device, officers shall have (f) the rear seat camera activated, or the front camera activated and faced toward the prisoner. (g) Prisoners will be transported without unnecessary delay. Officers shall use the MDC to change their status when transporting prisoners to a jail/detention facility or police station, and again upon arrival. (h) While transporting prisoners, officers shall not respond to any calls for service or initiate any enforcement action unless it is a situation where risk of serious bodily injury or death to a third party is imminent and the risk to the prisoner is minimal. Officers shall notify the dispatcher of any incident that may require a police response. 321.3.2 SPECIAL SITUATIONS (a) Officer/Prisoner of Opposite Gender, or Juveniles 1. When transporting prisoners of the opposite gender, prisoners known to the officer to be transgender or whose gender is undetermined, or juveniles, the transporting officer shall notify the dispatcher of the: (a) Intended destination and beginning odometer reading to the nearest tenth of a mile; and (b) Ending location and odometer reading to the nearest tenth of a mile upon arrival at the intended destination. (b) Violent or Mentally Disturbed Persons (a) To reduce the risk of injury to transporting officers and other prisoners, only one violent or mentally disturbed prisoner will be transported per vehicle at a time. No other prisoner will ride in the same vehicle with a violent or disturbed person. (c) Ill, Injured or Disabled Prisoners 1. Transporting of the ill, the injured, or prisoners with a disability should be done with the officer's safety and the physical comfort of the prisoner in mind. Circumstances may require that the arresting officer transport the prisoner by EMS, prisoner transport van, or by a specially designed vehicle that can be requested through City or commercial entities. Atleast one officer will ride with the prisoner in the EMS unit or other designated transport unit. A second officer will follow the prisoner transport vehicle in a police vehicle. (a) Under extraordinary circumstance and with supervisory approval the officer may follow in a police vehicle in lieu of an officer riding in the ambulance. The supervisor will document the justification in a supplement to the report. 2. Each circumstance should be considered on an individual basis; prisoners shall not be allowed to retain any instrument that could be used as a weapon against the transporting officer. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Care and Transport of Prisoners - 188 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

189 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Care and Transport of Prisoners 3. Ill or injured prisoners in custody of an officer should be restrained, if possible, to prevent escape or to prevent injury to officers or medical personnel. (a) The officer will consider the prisoner's special circumstances before applying any restraining device. (b) The prisoner should not be restrained in such a way that proper medical attention is prevented. 4. If medical personnel request removal of restraining devices to treat an injured prisoner, the restraints will be removed. (a) The custodial officer shall always remain with the prisoner unless directed to depart from a treatment area by medical personnel for treatment purposes. (b) The officer shall remain nearby to prevent violent acts or escape. (c) This applies to transporting a prisoner who has been refused intake by the jail nurse. Only use EMS to transport from the jail to the hospital or other type of facility when it is medically necessary (e.g. high blood pressure, chest pains, etc.). Do not utilize EMS if the refusal to the jail is for reasons that do not require EMS. (d) Spit Hoods 1. Spit hoods are safety hoods used to prevent contaminants from being transmitted by a prisoner or detainee. 2. Spit hoods should be used when dealing with prisoners or detainees that have attempted or threatened to bite or spit. 3. Officers shall ensure that the spit hood is properly fitted and secured. 4. Medical personnel may remove the spit hood as needed. 321.3.3 ESCAPE (a) In the event an escape occurs while transporting a prisoner, the officer shall immediately notify the dispatcher and request assistance. The officer should provide, at a minimum, the following information: 1. Complete physical description; 2. Direction and method of travel; If any weapons and/or accomplices were used to effect the escape; and 3. 4. The nature of the offense which resulted in the original arrest. (b) A supervisor shall be notified. (c) A complete search of the area will be conducted. This search may include the following measures: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Care and Transport of Prisoners - 189 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

190 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Care and Transport of Prisoners 1. Establishing a perimeter. Requesting canine. 2. Requesting air support. 3. 4. Notifying surrounding agencies, if appropriate. (d) The officer shall complete all necessary incident reports to ensure the preparation of an arrest warrant if the prisoner is not located. 321.4 EXCITED DELIRIUM SYNDROME (EXDS) While the exact incidence of ExDS is unknown, officers should be knowledgeable about (a) the signs and symptoms of ExDS and how to best react in incidents where excited delirium is involved. Subjects experiencing ExDS often exhibit easily identifiable symptoms and behavioral patterns. For the safety of both officers and subjects, rapid control of the subject and transfer of care to emergency medical providers should be the primary objective, unless other action is necessary to protect officers or others. Recognition of ExDS is imperative. This is especially true in cases when more than two or three symptoms are exhibited at the same time by the same person. Some of the symptoms exhibited may include: 1. Subject exhibits extreme agitation, Violent irrational behavior, 2. 3. Profuse sweating, 4. Public disrobing, Extraordinary strength beyond their physical characteristics, 5. 6. High resistance to pain, and 7. Requires a protracted physical encounter with multiple officers to be brought under control. (b) For safety, officers should only engage a subject displaying symptoms of ExDS when adequate back-up assistance is present. (c) Subjects who display symptoms of ExDS may initially violently resist detention then become suddenly calm. They may seem to be sleepy and resting. This condition is sometimes called "sudden tranquility" and usually indicates an immediate need for medical attention. “Sudden tranquility” is not an indication that the subject no longer needs medical attention. Officers shall call EMS to diagnose and treat any individual exhibiting signs of ExDS as soon (d) as the signs are recognized. Medical diagnosis and treatment shall begin as soon as it is safe for medical personnel to do so. 321.5 PRISONERS REQUIRING MEDICAL ATTENTION The intent of the Department is to quickly provide each ill or injured prisoner with medical attention. Prisoners shall be treated for injuries before being booked into jail. This includes subjects who Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Care and Transport of Prisoners - 190 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

191 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Care and Transport of Prisoners have been subjected to Response to Resistance techniques. (Refer to Chapter 2 on Response to Resistance Policies). 321.5.1 MEDICAL ATTENTION PRIOR TO BOOKING (a) Officers shall either request EMS or transport a person to an appropriate medical facility when any of the following criteria are present: 1. Large lacerations (greater than one inch in length), which are less than 12 hours old. 2. Actively bleeding lacerations (greater than 3/4 inch). 3. Obvious deformity of bones of the extremities, or open fractures. 4. Swelling to the face to the extent vision/breathing is difficult or impaired. 5. Possible heart attacks. Symptoms of heart attacks would include the chest pains, pain extending down the left arm, and/or difficulty breathing. 6. Alcohol or drug intoxication to the extent that the prisoner is unconscious. 7. Any condition in which the prisoner cannot move his extremities. 8. Neck pain following an auto collision. 9. Overdoses. (b) Unconscious persons: 1. Unconscious persons will not be transported to a jail facility. Officers shall request EMS to respond to the scene for examination, treatment and/or transport. 2. Prisoners who become unconscious during regular transport will be taken to the nearest medical facility, or officers will request EMS to respond to their current location (whichever is the most expeditious). (c) Prisoners who are examined by EMS at the scene, but refuse treatment/transport, will be transported to the booking facility. 1. If an individual refuses medical treatment/transport, the refusal should be witnessed by another officer and/or medical personnel and fully documented in the incident report. Whenever practicable, such refusal should be captured by audio/video recording. 2. Officers will provide the intake jail nurse with EMS attendants' names and numbers for future reference. (d) Prisoners transported by EMS will be accompanied by an officer inside the ambulance. Atleast one officer will ride with the prisoner in the EMS unit or other designated transport unit. A second officer will follow the prisoner transport vehicle in a police vehicle. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Care and Transport of Prisoners - 191 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

192 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Care and Transport of Prisoners Under extradordinary circumstance and with supervisory approval the officer may 1. follow in a police vehicle in lieu of an officer riding in the ambulance. The supervisor will document the justification in a supplement to the report. 321.5.2 HOSPITAL GUIDELINES Once at a hospital, prisoners will be guarded by the transporting officer until treated and released by a physician or admitted for medical attention. Under NO circumstances will officers release and/or leave unguarded prisoners who are violent or who officers have reason to believe may become violent. (a) Medial Release from Hospital Once released from the hospital, prisoners will be transported to the jail along with 1. the proper discharge documentation. The jail will require documentation to show that prisoners have received/refused 2. medical attention from the hospital. 3. The jail nurse/medical officer should be briefed on prisoners' injuries and subsequent treatment/refusal. (b) Admittance to Hospital 1. In circumstances where prisoners are arrested on for non-violent offenses and there is no reason to believe the prisoner will become violent, a supervisor may authorize the prisoner's release if the prisoner is being admitted into the hospital. Prisoners will not be released from custody if they are under arrest for an offense involving violence or have outstanding warrants higher than a Class C Misdemeanor. Prisoners may be released from custody provided there is sufficient identifying 2. information available to obtain a warrant and meet the following criteria: Felony Offense (a) All Charges, other than direct file narcotic related charges, require 1. authorization to release from the: (a) Investigative unit responsible for the highest charge, and on duty Patrol Lieutenant over the area where the subject was (b) arrested; or, if unavailable, any on duty Patrol Lieutenant. Narcotic related charges, that can be direct filed, only requires 2. authorization from the on duty area Patrol Lieutenant; or, if unavailable, any on duty Patrol Lieutenant. (b) Class A and B misdemeanors arrests require authorization from a sergeant or above. Corporals, only when in the capacity of acting sergeant, may grant authorization for release and only for their immediate subordinates. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 192 Care and Transport of Prisoners - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

193 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Care and Transport of Prisoners Class C misdemeanor arrests except for public intoxication, prisoners may (c) be issued a misdemeanor citation. If the prisoner refuses to sign the citation, a notation will be made on the signature line that the person was admitted to the hospital and refused to sign. Municipal Court can file the case based upon the citation. On public intoxication arrests where prisoners are under arrest solely for (d) public intoxication and have been taken to the hospital, officers may request a supervisor after four hours from the time of arrest to determine if continued custody is required. If the supervisor determines that the prisoner is no longer intoxicated (a) to the extent that he is a danger to himself or to others, release may be authorized. If the prisoner is released, supervisors will complete a supplement (b) to the incident report detailing their assessment and authorization for release. When a prisoner is authorized for release under this policy, the arresting officer 3. is responsible for completing all necessary paperwork as if the charge was being direct filed and forwarding that paperwork to the investigative unit responsible for the charge. 4. Prisoners not authorized or approved for release and admitted to the hospital shall be guarded until they are magistrated as follows: 10 PM until 7 AM (Monday-Friday)- By an officer from the patrol area in which (a) the arrest was made. The on-duty lieutenant or designee for that area is responsible for scheduling patrol officers to guard the prisoner during these hours. 7 AM until 10 PM (Monday-Friday)- By the Investigative Unit responsible for (b) the highest arrest charge of the case. 1. The Investigative Unit supervisor is responsible for scheduling detectives to guard the prisoner during these hours. The responsible Investigative Unit will have the prisoner magistrated 2. as soon as possible and notify the appropriate jail facility so they can begin guarding the prisoner. Weekends (10PM, Friday- 7AM, Monday)- By an officer from the patrol region (c) in which the arrest was made, unless the investigative unit responsible for the highest arrest charge of the case has detectives assigned to an on-call status that can be called in to relieve the patrol officer and have the prisoner magistrated. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Care and Transport of Prisoners - 193 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

194 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Care and Transport of Prisoners The on-duty lieutenant or designee for that region is responsible for 1. scheduling patrol officers to guard the prisoner during these hours, and to contact the unit responsible for the highest arrest charge for assistance. If the investigative unit responsible for the highest arrest charge 2. has detectives assigned to an on-call status, then the investigative unit supervisor is responsible for scheduling detectives to guard the prisoner during these hours. No visitors shall be admitted while the prisoner is being guarded. (d) (e) Officers guarding a prisoner shall always keep him in sight unless a medical procedure requires otherwise. (f) Supervisors shall rotate guard assignments at least every four hours. 321.5.3 PRISONERS EXHIBITING SYMPTOMS OF CONTAGIOUS DISEASE Officers arresting persons with outward signs of contagious disease, or who complain of (a) known infections or disease, will isolate the prisoner from others. 1. EMS shall be called to determine the prisoner's condition. 2. Prisoners requiring medical attention as a result of the disease shall be transported by EMS. 3. After taking appropriate health safety precautions, officers shall follow the Hospital Guidelines outlined in this policy. Officers taking prisoners to the Travis, Hays, or Williamson County jail facility who are known (b) to have a contagious disease or who are exhibiting symptoms of a contagious disease will notify the jail supervisor immediately upon entering the facility. 321.6 HANDLING OF PRISONERS AWAY FROM JAIL AREA (a) When signing out prisoners from any jail or correctional facility for any purpose, Department personnel shall: 1. Ensure the prisoner they are taking into custody is positively identified; and Determine if there are any security or safety issues associated with the prisoner (e.g., 2. escape risk, history of violence, medical problems). Department personnel removing a prisoner from the jail or correctional facility for any (b) purpose shall sign the prisoner out and will be responsible for the return of the prisoner. 1. Department personnel will ensure the prisoner is thoroughly searched for weapons, contraband, or items that might be used as implements of escape prior to returning them to the custody of jail or correctional facility personnel. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 194 Care and Transport of Prisoners - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

195 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Care and Transport of Prisoners Department personnel who sign out prisoners to transport them back to the scene of the (c) crime or any other location to continue their investigations are responsible for the safe transport of that prisoner. Wherever the prisoner is taken, the officer having custody will be responsible for ensuring (d) that no weapon, and/or instrument that could be used as a weapon or implement of escape is accessible to the prisoner. Department personnel shall, whenever possible, avoid walking a prisoner who is not (e) handcuffed through crowded hallways or other public areas. (f) Prisoners may be taken to public bathrooms only after the area has been checked for weapons and cleared of other persons. Employees shall accompany prisoners and keep them under visual observation at all times. (g) Anytime Department personnel accompany a prisoner to court and that prisoner is considered a security hazard, the judge shall be notified. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 195 Care and Transport of Prisoners - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

196 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 323 Booking and Arrest Review 323.1 PURPOSE AND SCOPE This policy outlines the booking and arrest review guidelines. 323.2 BOOKING GUIDELINES 323.2.1 SECURING WEAPONS Officers shall abide by all policies, procedures and any required security safeguards regarding weapons or implements of escape when conducting any type of business (e.g., booking, prisoner transport, interview) at any correctional/detention facility. Firearms, ammunition, TASER Devices, batons, flashlights, knives, OC spray and any other (a) personal equipment that could be used as a weapon shall be secured in the police vehicle or the provided lock boxes prior to entering the booking facility. (b) Officers shall ensure the shotgun in the police vehicle is securely locked in the rack or trunk of their police vehicle. 323.2.2 BOOKING PRISONERS (a) Officers shall ensure that jail personnel are advised of any security or safety risk presented by the prisoner (e.g., escape risk, history of violence, medical problems). (b) Prisoners shall remain handcuffed until the booking process begins. After receiving approval by a jail intake officer, APD officers will relinquish custody to jail personnel. (c) Unless directed or approved to do so by the jail supervisor on duty, officers shall NOT enter the confinement area of the jail. (d) Officers shall complete all required County Sheriff's Office booking and arrest documentation. (e) Once the booking process is complete, all completed booking paperwork shall be submitted to the booking desk personnel. (f) On all APD warrants containing a Detective Notification Form, the arresting officer shall notify the detective in the manner indicated on the form. (g) Officers will write a supplement if they transport a subject to jail or if otherwise required by Policy (i.e. Response to Resistance) unless the Officer is operating a prisoner transport vehicle in which they are expected to conduct multiple transports When the Officer is operating a transport vehicle, in lieu of a supplement the officer 1. shall enter a note in their CAD history noting the name and DOB of the person being transported, their starting point, and their destination. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Booking and Arrest Review - 196 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

197 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Booking and Arrest Review 323.3 DIRECT FILING CHARGES AND ARREST REVIEW APPROVAL Officers shall not circumvent this process when booking a subject into jail. 323.3.1 DIRECT FILING CHARGES All required arrest paperwork (e.g., direct file probable cause affidavits/complaints, EPO) shall be reviewed by Arrest Review. Except when at Travis County Central Booking, this review may be made by phone, email or fax from the jail facility where booking occurs. Travis County (a) Officers shall prepare the required arrest paperwork and direct file each 1. misdemeanor and felony charge unless directed not to by a Detective. In those instances, the Detective shall follow-up and file appropriate charges within 24 hours (misdemeanors) and 48 hours (felonies). The arresting officer shall note the Detective's name in the incident report and advise Arrest Review of the Detective who has taken responsibility for filing charges. (b) Williamson or Hays County Charges must be filed when the prisoner is booked. 1. 323.3.2 ARREST REVIEW (a) The Arrest Review Unit will work with the officer to make certain the affidavit/complaint articulates the required probable cause for the charges filed. (b) If Arrest Review does not agree with an arrest as originally made, the officer shall work with the Arrest Review Unit to determine the appropriate charge(s). In cases of dispute over the probable cause of an arrest or charge(s) filed, the 1. arresting officer's supervisor shall be contacted and is responsible for resolving the dispute. 2. The arresting officer's supervisor shall make the final decision on the charges or whether to release the arrested person. On arrests that require Investigative Unit approval, Arrest Review shall verify with the officer (c) that a detective from the appropriate Unit was notified. If required, the arresting officer will place a copy of the incident report and probable cause affidavit/complaint in the Investigative Unit's tray at Arrest Review or at the appropriate substation. (d) Arrest Review shall ensure probable cause affidavits/complaints that are rejected by the reviewing magistrate are corrected to the extent possible to avoid the release of a prisoner before charges can be filed. 323.3.3 MAKING MODIFICATIONS TO AN ARREST When an officer discovers that charges need to be changed or dropped, or that additional charges need to be added after a prisoner has been booked into jail, the following procedures shall be followed prior to a probable cause affidavit being signed by a judge: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 197 Booking and Arrest Review - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

198 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Booking and Arrest Review Travis County (a) If officers are still at Arrest Review, they shall fill out the "Charge Status Report" and/ 1. or "Additional Charges" form and submit the form(s) to the Arrest Review detective. Officers shall make the appropriate changes to their reports. When a detective who has been assigned a felony discovers a modification is in 2. order, they shall use the electronic mail system to order the change. Williamson or Hays County (b) 1. Officers shall go to the jail booking desk and correct/change the charges on the arrest report (booking sheet). They shall make the appropriate changes to their probable cause affidavit and reports. 2. When a detective who has been assigned a case discovers a modification is necessary, the detective shall call the appropriate office for the County Attorney or District Attorney for specific instructions. For documentation purposes, an updated report shall be faxed to the appropriate County or District Attorney's Office and to the jail's booking desk. (a) In Williamson County, the county attorney prosecutors handle all juvenile crimes (felony and misdemeanor), all protective orders, CPS and Department of Family and Protective Services cases. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Booking and Arrest Review - 198 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

199 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 324 Police Observer Program 324.1 PURPOSE AND SCOPE This policy provides guidelines for the Police Observer Program. The Police Observer Program provides an opportunity for eligible citizens to experience how the Department works first hand. 324.1.1 CITIZEN OBSERVERS The Austin Police Department Police Observation Program is offered to eligible citizens who desire to ride as observers in an APD police vehicle during an officer's patrol shift or duty hours. An applicant may be declined or disqualified from participating for a number of reasons, including but not limited to the following reasons: (a) Outstanding warrants of any type. Having a conviction for being under indictment for, or currently charged with any felony (b) offense. (c) Having a conviction for any sexual related offense. (d) Having a history of or conviction for Family Violence. (e) Having been convicted for a class A Misdemeanor with the last ten (10) years. Having been convicted for a class B Misdemeanor within the last five (5) years. (f) Having a driver's license or ID card suspension for any reason that indicates poor driving (g) behavior or responsibility to comply with State laws; up to five (5) years from the time of suspension to application. This does not include suspensions resulting from MIP violations. (h) Having a driver's license or ID card that is currently classified as a habitual violator. Applicant is a suspect of a crime while such case is being investigated by this Department (i) or prosecuted as a result of such an investigation. (j) Applicant is a known associate of a convicted felon. Applicant is a known member of or associated with any person or organization which (k) advocates hatred, prejudice, or oppression of any person or group or which disseminates such material. any known member of or (l) with a Applicant is associated organization, association, movement, or group which advocates the commission of acts of force or violence to deny others their rights under the Constitution of the United States or which seeks to alter the form of government of the United States by unconstitutional means. (m) Any other indications of criminal history or criminal involvement will be evaluated on a case by case basis and must receive approval of an on duty lieutenant or appropriate commander. Persons under the age of eighteen (18) shall not be permitted to ride as an observer in (n) a police unit unless prior approval has been granted by the Chief or designee; or they are participating in the APD Explorer Program and have met the requirements of the APD Explorer Unit SOPs as outlined in (s) below. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 199 Police Observer Program - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

200 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Police Observer Program Citizens may only ride once per calender quarter unless otherwise approved by the (o) appropriate commander; however, City Council members and personnel from the City Manager's Office may ride more than once per calender quarter provided they comply with the rest of this policy. Persons who have a pending lawsuit against the Department shall not be allowed to ride as (p) an observer while the lawsuit is active. (q) For staffing and operational issues, supervisors may decline to have an observer ride on a particular shift; if the observer is otherwise approved to participate, supervisors will make every effort to assign the observer to another shift or to reschedule the observer for a future time. (r) Participation may be terminated by an officer at any time because of the unacceptable behavior of the observer. In such a case, the officer shall immediately notify a supervisor about the situation. (s) Members of the APD Explorer Program may ride at the age of 16 if they meet the requirements of the APD Explorer Unit SOP's. 1. If for any reason the assigned officer feels it is in the best interest of the APD Explorer or the department, they can terminate the observation period at any time. Any early release of an APD Explorer should be reported as soon as practical to the post officer or advisor. 324.1.2 DEPARTMENT EMPLOYEE OBSERVERS (a) On-duty civilian employees may ride as an observer with the approval of their supervisor is not and the appropriate lieutenant or designee. The Police Observer Information Form required. (b) Off-duty civilian employees riding as an observer will comply with this policy except they Police Observer Information Form . Off-duty are not required to list their address on the employees are not allowed to ride more than once per calender quarter without the approval of the appropriate commander. (c) No APD employee shall ride as an observer while on restricted duty, limited duty, injury leave, during a suspension, or while under administrative or criminal investigation. 324.1.3 OBSERVERS FROM OTHER LAW ENFORCEMENT AGENCIES Sworn and civilian employees from other law enforcement agencies may ride with on-duty APD operations with our department (e.g., training, employees only if they are engaged in active familiarization) and the request has been approved by an assistant chief or designee. If such officers desire to ride merely as off-duty police observers, they must comply with regulations set out in this policy as a citizen observer. 324.1.4 MEDIA OBSERVERS Media observers must be coordinated through the APD Public Information Office (PIO). (a) (b) Media observers will abide by all rules and regulations for police observers. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Police Observer Program - 200 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

201 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Police Observer Program Media observers encountering crime scenes or police incidents will be considered working (c) members of the media concerning access to restricted areas. 324.2 POLICE OBSERVER REQUESTS Unless otherwise exempted by this policy, all participants of the Police Observer Program shall complete the Request for Approval to Ride in an APD Unit section of the Police Observer Information Form [PD0094] in its entirety. This form also includes the guidelines all observers are required to follow. (a) Generally, police observer requests shall be scheduled by the administrative staff of the Region in which the person wishes to ride. (b) Employees contacted by a member of the public wishing to ride as an observer should provide the person with the administrative phone number of the appropriate Region. (c) If the observer request is denied, an administrative staff member will contact the applicant and advise them of the denial. (d) Persons participating in this program as the guest of an officer must comply with this policy Police Observer Information Form. and the guidelines established on the 1. Police Observer Information Officers shall have the guest observer complete the and forward it to their supervisor for approval. Form 2. Supervisors shall forward the form to the appropriate administrative staff for filing. 324.2.1 PROCESSING POLICE OBSERVER REQUESTS (a) Approving Police Observer Request Forms 1. Police Observer Administrative staff or supervisors receiving a completed shall: Information Form (a) Review the form for completeness, including signature and date. (b) Conduct all required checks and document the results on the Police Observer Information Form : 1. Does not have any active warrants (NCIC, TCIC and local); and 2. Does not have a criminal history, Versadex or CopLink involvement that meets the disqualifying criteria outlined in Section 324.1.1; and 3. Is not banned from being an observer: (a) Banned observers are identified in the Police Explorer database located in SharePoint at APD Main SharePoint/ Patrol Ops/Police Observer Log. (b) Banned observers requesting more information concerning their ban should be referred to the appropriate commander. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 201 Police Observer Program - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

202 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Police Observer Program (c) Sign and date the form, indicating approval. 2. Administrative staff who process the Police Observer Information Forms shall forward the completed packet to the appropriate supervisor after scheduling the observation date and time with the observer. Administrative staff will send the assigned Sergeant and Corporal an email with the 3. name of the observer and the observation date and time to ensure the Supervisor has knowledge of the scheduled rider. (b) Day of Police Observation (a) Supervisors are additionally responsible for: (a) Assigning the observer to an officer if the assignment has not been made; and (b) Ensuring the observer is in compliance with the guidelines outlined in the . Police Observer Information Form If an observer is assigned to an officer of the opposite gender, the supervisor (c) must have the Police Observer Information Form signed by an on-duty lieutenant. (b) Police Observer Information Form shall be Upon completion of the observation, the forwarded to the appropriate administrative staff for entry into the Rider Database. 324.2.2 RULES AND REGULATIONS FOR POLICE OBSERVERS (a) , Police Observer Information Form If observers violate any of the guidelines outlined in the or their behavior prevents officers with whom they are riding from doing their job effectively, the following will occur: 1. Prior to the riding period - The observer shall be advised by the assigned supervisor or officer that they are not permitted to ride until they are in compliance. Supervisors may require the observer to reschedule if he cannot comply with the guidelines. 2. During the riding period - The observer shall be returned to the APD facility where the supervisor may either immediately terminate the riding session or allow the rider to finish that session if the problem can be readily corrected. (b) If the problem cannot be corrected: 1. The officer to whom the observer was assigned shall complete a memorandum detailing the actions of the observer. The memorandum shall be forwarded through the chain-of-command to the appropriate commander. 2. If a supervisor finds cause that an observer should be banned, the supervisor shall complete a memorandum detailing their findings. The memornadum shall be forwarded through the chain-of-command to the appropriate commander. 3. Commanders or their designee shall make the determination as to whether or not the observer should be banned from further rides with the Department and the duration Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 202 Police Observer Program - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

203 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Police Observer Program of the ban, if imposed. If the determination is made that a ban should be imposed, commanders or their designee shall advise the administrative staff to update the Rider Database with the duration of the imposed ban. The memorandum and rider forms shall be maintained for a minimum of three (3) years or the duration of the ban, whichever is longer. 324.3 OFFICER RESPONSIBILITIES Officers shall advise the dispatcher that a participant in the Police Observer Program is (a) present in the vehicle before going into service. Officers shall consider the safety of the observer at all times. Officers should use sound discretion when encountering a potentially dangerous situation. (b) The dispatcher shall be advised of the situation and, if necessary, may have another police unit respond to pick up the observer. Participation may continue with another officer or the ride may be terminated and the observer returned to the APD facility where the ride initiated. 324.4 CONTROL OF POLICE OBSERVER Officers shall maintain control over observers and instruct them in the conditions that will limit the observers' activity. This includes, but is not limited to, the following: (a) Observers shall follow the officer's directions. Officers may return observers to the original APD facility if observers interfere with the performance of any duties. (b) Observers shall not become involved in any investigation, handling of evidence, or discussions with victims or subjects. (c) Observers shall not handle any police equipment unless instructed to do so by an officer. (d) Observers may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety. Officers and observers shall follow all booking facility (e.g., TCSO, WILCO) guidelines. (e) Officers shall not allow any observer into a private residence without consent of the individual in control of the property unless there is an emergency or exigent circumstances exist. (f) Officers shall not allow observers to be present in any situation that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other citizen. 324.5 RESTRICTIONS (a) Department Tactical Alert The Police Observer Program will be suspended when a Department-wide Tactical (a) Alert has been implemented. (b) Administrative Staff will notifiy the scheduled observer of the cancellation as soon as practical. The observer will be rescheduled at the earliest convenience of the Department and the observer. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 203 Police Observer Program - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

204 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Police Observer Program Special Event (b) At the discretion of the Region Commander the Police Observer Program may be 1. suspended during Special Events. 2. Administrative Staff will notify the scheduled observer of the cancellation as soon as practial. The observer will be rescheduled at the earliest convenience of the Department and the observer. 3. The following events, although not comprehensive, may be considered under this section. (a) New Year's Eve Mardi Gras (b) (c) SXSW (d) Texas Relays (e) X-Games (f) Republic of Texas Motorcycle Rally (g) Independence Day (h) Austin City Limits Music Festival Formula 1 (i) (j) Halloween DTAC Walking Beat (c) 1. Observers should not be scheduled with a DTAC Officer assigned to walking beat without approval of the DTAC Commander. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 204 Police Observer Program - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

205 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 326 News and Media Relations 326.1 PURPOSE AND SCOPE The purpose of this policy is to seek a balance between permitting the free flow of information to the public and the media while protecting both the prosecution's case and the rights of the accused from possible prejudicial publicity. Public information and positive media relations are an integral part of the operation of any public service agency and APD is no exception. Most citizens have little contact with law enforcement and their opinions of the police are often formed by our Department's portrayal in the media. The release of public information and maintenance of good media relations is a crucial element of APD's mission. Employees must maintain a good rapport with the public and the media and deal with them in a courteous manner. The media has a legitimate function in our society and the public trust of the police can be enhanced through media relations. APD is committed to informing the community and members of the news media of events that are handled by, or involve, the Department. Employees will cooperate fully in meeting the relevant information needs of the public and the news media. Every reasonable effort should be made to obtain requested information, so long as the release of that information conforms to federal and state laws, and follows established Department guidelines. 326.2 RELEASE OF PUBLIC INFORMATION APD's Public Information Office (PIO) is responsible for collecting police information and then fairly, equitably and efficiently disseminating it to the public and media. PIO's primary function is to act as a liaison between the public, the news media and the Department and to coordinate all of the Department's release of public information. However, any employee may release non- protected information to the media. During regular weekday business hours, PIO personnel will respond to the scene as determined by PIO. After office hours the on-call PIO will coordinate with the ranking on-scene officer and make the determination if PIO needs to respond. If the on-call PIO does not respond to the scene, they will send pager notification to the media with information about the incident. The ranking on- scene officer will be responsible for media interviews at the scene. 326.2.1 MEDIA REQUEST GUIDELINES Any media request for information or access to a law enforcement situation shall be referred to the designated PIO representative, or if unavailable, to the ranking on-scene officer. Prior to releasing any information to the media, employees shall consider the following: Employees releasing information will ensure that the information is releasable and sheds (a) a positive light on the City, APD and the law enforcement community. Information of a controversial nature will be directed to the PIO. In situations involving multiple law enforcement agencies, every reasonable effort should (b) be made to coordinate media releases with the authorized representative of each involved agency prior to the release of any information by this department. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. News and Media Relations - 205 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

206 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual News and Media Relations Under no circumstance should any member of this department make any comment(s) to the (c) media regarding any law enforcement incident not involving this department without prior approval of the Chief of Police. Media personnel are not exempt from any federal or state law, or any local ordinance and will be treated in the same manner as any other person violating the law. Employees who encounter issues with the media should initiate a memorandum through their chain-of-command to the PIO Commander clearly outlining the situation and identifying, if possible, those involved. 326.2.2 OTHER METHODS OF PUBLIC INFORMATION RELEASE Austin Warning and Communications System (AWACS) (a) 1. A City alphanumeric pager system designed to provide a rapid method of getting emergency information to the public through the media. It also can be used to provide the media with information about other newsworthy events. (b) News Releases and News Conferences Written information released by the Department for the media will be coordinated 1. by PIO. News releases will be emailed to news organizations. In addition, press conferences will be coordinated by PIO. Notification of news conferences will be done through news releases, "ring downs", or by AWACS. (c) Employee Interviews 1. Media interviews with an employee may be arranged through PIO or directly with the employee. Employees contacted directly by the media and who have questions or do (a) not want to provide an interview can refer the media representative back to PIO; or Employees contacted directly by the media and who want to provide an (b) interview will: 1. Notify their supervisor if the interview is regarding an open or ongoing investigation and request approval before conducting the interview; and Notify PIO either before or shortly after the interview. 2. Police Records (d) 1. Copies of police and crash reports must be purchased from APD's report sales. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 206 News and Media Relations - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

207 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual News and Media Relations 326.3 MEDIA ACCESS Authorized members of the media shall be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities subject to the following conditions: The media representative shall produce valid press credentials that shall be prominently (a) displayed at all times while in areas otherwise closed to the public. (b) Media representatives will not be allowed to interfere with emergency operations and criminal investigations. Media personnel may not resist, obstruct or otherwise interfere with an officer in the lawful execution of his duty. However, the mere presence of a member of the media, the taking of pictures or the asking of questions does not, in itself, constitute unlawful interference. 1. Reasonable effort should be made to provide a safe staging area for the media that is near the incident and that will not interfere with emergency or criminal investigation operations. All information released to the media should be coordinated through PIO or other designated spokesperson. 2. Whenever the presence of media or other aircraft pose a threat to public or officer safety or significantly hampers incident operations, the field supervisor should consider requesting a Temporary Flight Restriction (TFR). All requests for a TFR should be routed through the Watch Lieutenant. The TFR request should include specific information regarding the perimeter and altitude necessary for the incident and should be requested through the appropriate control tower. If the control tower is not known, the Federal Aviation Administration should be contacted (14 CFR § 91.137). (c) No member of this department shall be subjected to media visits or interviews without the consent of the involved employee. (d) Media interviews with individuals who are in custody shall not be permitted without the approval of the PIO Manager, Investigative Unit supervisor and the expressed consent of the person in custody. (e) Media access to working areas of the Department shall be coordinated through PIO and should extend only for the length of time necessary to achieve a specifically approved objective of the media. A tactical operation should be handled in the same manner as a crime scene, except the news media should be permitted within the outer perimeter of the scene, subject to any restrictions as determined by the supervisor in charge. Department members shall not jeopardize a tactical operation in order to accommodate the news media. During the tactical operation, all comments to the media shall be coordinated through a supervisor or PIO. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. News and Media Relations - 207 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

208 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual News and Media Relations 326.4 SCOPE OF INFORMATION SUBJECT TO RELEASE Requests for information shall be handled as follows: - Policy 116 (Security and Release of Records and Information) Open Records Requests (a) deals with the release of information in the form of an Open Records request. Employees receiving an open records request should contact the Open Records Coordinator in Central Records. Public and/or media requesting information not contained in the public portion of police reports may file an open records request with the Department. (b) Juvenile Information - At no time shall identifying information pertaining to a juvenile arrestee, victim or witness be publicly released without prior approval of a competent court. (c) Police Photograph (Mug Shot) - Mug shots of subjects become public after subjects are convicted of those crimes for which they are arrested. Mug Shots will only be released through PIO. A mug shot may be released prior to conviction if: The case detective has authorized its release; 1. 2. The subject has been charged; or If the release of the mug shot will not hinder the investigation. 3. (d) - Requests for APD 9-1-1 tapes need to be submitted in 9-1-1 Tapes or In-Car Video Tapes writing. Media requests for these tapes should be sent through the open records coordinator assigned to PIO. - In death investigations, the name of the deceased shall (e) Identities of Deceased Persons not be released by an employee until Victim Services or the Medical Examiner's Office has had a reasonable time to notify the next-of-kin. What constitutes a "reasonable time" will vary depending upon the circumstances of each case. Public release of the name of the deceased will be made through PIO or the Medical Examiner's Office. - By law, the public and/or media has access to the following arrest (f) Arrest Information information: 1. Arrestee's name, age, race, and sex; 2. Location of arrest; Names of the arresting officers; and 3. Charges filed. 4. Internal Affairs (IA) Investigations - Information regarding an internal investigation is (g) confidential and will be released through PIO only after authorization by the Office of the Chief. Premature and/or unauthorized statements made concerning confidential information is a violation of Department policy and may have an adverse effect on, or seriously jeopardize, an investigation. Only the IA Commander, and/or PIO personnel may confirm: An internal investigation is being conducted; 1. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 208 News and Media Relations - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

209 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual News and Media Relations The name of the employee involved; and 2. The nature of the allegation or incident. 3. - Media requests for statistical data should be coordinated and (h) Statistical Information released through PIO. (i) Media Riders - Media riders must be coordinated as outlined in Policy 324 (Police Observer Program). 326.4.1 RESTRICTED INFORMATION - GENERAL It shall be the responsibility of the authorized employee dealing with media requests to ensure that restricted information is not inappropriately released to the media by this department. When in doubt, authorized and available legal counsel should be obtained. Examples of such restricted information include, but are not limited to: Confidential peace officer personnel information. (a) (b) Copies of traffic crash reports (except to those authorized pursuant to Tex. Transp. Code § 550.065). (c) Criminal history information. (d) Information that would tend to endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation. Information pertaining to pending litigation involving this department. (e) Information obtained in confidence. (f) Any information that is otherwise privileged or restricted under state or federal law. (g) 326.4.2 RESTRICTED INFORMATION - WARRANTS To protect the safety and rights of officers and other persons, advance information should not be provided to the news media regarding search warrant or arrest warrant actions planned by law enforcement personnel, nor should media representatives be solicited or invited to be present. Any exceptions require prior approval of the Chief of Police. At no time shall the media be brought into a private residence during the execution of a search or arrest warrant. 326.5 DEPARTMENT WEBSITE ). PIO will PIO is responsible for the APD website (http://www.austintexas.gov/department/police coordinate requests for information to be included on the website and develop and/or assist in the development of page layout for any additions to the APD website. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. News and Media Relations - 209 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

210 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 328 Bias-Based Profiling 328.1 PURPOSE AND SCOPE The Austin Police Department strives to provide law enforcement services to our diverse community with due regard to the racial, cultural or other inherent differences of those we serve. It shall be the policy and practice of this department to provide law enforcement services and to enforce the law equally and fairly without discrimination toward any individual(s) or group. Race, ethnicity or nationality, religion, gender, gender identity or gender expression, sexual orientation, economic status, age, cultural group, disability, or affiliation with any other similar identifiable group shall not be utilized as the basis for providing differing levels of law enforcement service or the enforcement of the law. 328.2 DEFINITION Bias-Based Profiling - Any pattern or practice that includes, but is not limited to, stopping, detaining, frisking, or searching of subjects by police officers based on an individual's race, ethnicity, nationality, religion, gender, gender identity or gender expression, sexual orientation, economic status, age, cultural group, disability, or affiliation with any other similar identifiable group rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. - Bias-based profiling specifically dealing with instances of disparate treatment Racial Profiling by law enforcement based on race, ethnicity, or national origin. (Tex. Code of Crim. Pro. art. 3.05, and 2.132(b)(1)). 328.3 POLICY Police action must be based upon credible information known to the officer, which leads them to believe that an individual is, has been, or is about to be engaged in activity that is in violation of the law. Any other motivation for such actions is strictly prohibited. (a) The practice of bias-based profiling shall not be tolerated by the Department. (b) Officers shall ensure that the stopping, detaining, frisking, and/or searching of residents is based upon solid legal principles that conform to their training in arrest, search, and seizure. While the practice of racial profiling is strictly prohibited, it is recognized that race or ethnicity (c) may be legitimately considered by an officer in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., subject description is limited to a specific race or group). 328.4 TRAINING All sworn members of this department will complete all Texas Commission on Law Enforcement (TCOLE) mandated training on the subject of bias-based profiling. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bias-Based Profiling - 210 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

211 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Bias-Based Profiling 328.5 COMPLIANCE The Austin Police Department will investigate all complaints involving bias-based profiling by any employee as outlined in Policy 902 (Administrative Investigation Procedures). 328.5.1 DISCIPLINARY ACTION Officers are not subject to disciplinary action based solely on the statistical data collected as a result of this policy. It is the motivating action(s) and/or inaction(s) of officers that will constitute the basis of any internal disciplinary action. 328.6 REQUIRED DOCUMENTATION The Austin Police Department profoundly rejects the practice of bias-based profiling and attempts to accurately document officer-initiated contacts with the public. Documentation requirements are located in Policy 402 (Incident Reporting and Documentation). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 211 Bias-Based Profiling - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

212 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 329 Racial Profiling 329.1 PURPOSE AND SCOPE The Austin Police Department strives to provide law enforcement services to our diverse community with due regard to the racial, cultural or other inherent differences of those we serve. It shall be the policy and practice of this department to provide law enforcement services and to enforce the law equally and fairly without discrimination toward any individual(s) or group. Race, ethnicity or nationality shall not be utilized as the basis for providing differing levels of law enforcement service or the enforcement of the law. 329.2 DEFINITIONS - Any instance of disparate treatment by law enforcement based on race or Racial Profiling ethnicity, rather than on behavior or information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witness, complainants, persons needing assistance, or other citizen contacts. Race or Ethnicity - individuals of a particular descent. This includes, but is not limited to: Caucasian, African American, Hispanic, Asian, Middle Eastern or Native American. Acts Constituting Racial Profiling - initiating law enforcement action, such as a traffic stop, a detention, a search, issuance of a citation, or an arrest based solely upon an individual's race, ethnicity, or nationality or on the basis of racial or ethnic stereotypes, rather than upon the individual's behavior, information identifying the individual as having possibly engaged in criminal activity, or other lawful reasons for the law enforcement action. - an occasion in which a peace officer stops a motor vehicle for an alleged Motor Vehicle Contact violation of law or ordinance. - an interaction between a peace officer and an individual who is being detained Pedestrian Stop for the purpose of a criminal investigation in which the individual is not under arrest. 329.3 POLICY It is the policy of this Department to police in a proactive manner and to investigate suspected violations of the law. Officers shall actively enforce local, state and federal laws in a responsible and professional manner, without regard to race, ethnicity, or nationality. Police action must be based upon credible information known to the officer, which leads them to believe that an individual is, has been, or is about to be engaged in activity that is in violation of the law. Any other motivation for such actions is strictly prohibited. The practice of racial profiling shall not be tolerated by the Department. (a) (b) Officers shall ensure that the stopping, detaining, frisking, searching, or arrresting of persons is based upon solid legal principles that conform to their training in arrest, search, and seizure. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 212 Racial Profiling - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

213 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Racial Profiling While the practice of racial profiling is strictly prohibited, it is recognized that race or ethnicity (c) may be legitimately considered by an officer in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., subject description is limited to a specific race or group). 329.4 TRAINING All sworn members of this department will complete all Texas Commission on Law Enforcement (TCOLE) mandated training on the subject of bias-based profiling. 329.5 COMPLIANCE The Austin Police Department will investigate all complaints involving racial profiling by any employee as outlined in Policy 902 (Administrative Investigation Procedures). 329.5.1 DISCIPLINARY AND CORRECTIVE ACTIONS See policy 903 (Discipline Matrix) 329.5.2 DISCIPLINARY ACTION Officers are not subject to disciplinary action based solely on the statistical data collected as a result of this policy. It is the motivating action(s) and/or inaction(s) of officers that will constitute the basis of any internal disciplinary action. 329.6 COMPLAINT PROCESS See policy 902 (Administrative Investigations) 329.7 PUBLIC EDUCATION The Department will provide brochures in every police facility as well as on the Austin Police Department website. 329.8 REQUIRED DOCUMENTATION The Austin Police Department profoundly rejects the practice of racial profiling and attempts to accurately document officer-initiated contacts with the public. Every member of the Department is required to document any detention, frisk, search, nonconsensual stop and/or arrest resulting from a pedestrian or motor vehicle stop. (a) Officers shall document the following information in the appropriate fields of an incident report, field release citation, warning, FO card or electronic street check: The reason for the contact/stop; and (a) The race and ethnicity of the subject(s) of the contact/stop; and (b) Whether the officer knew the race or ethnicity of the subject(s) before conducting (c) the contact/stop; and (d) Whether a subject or vehicle was searched and, if so, the reason for the search; and Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 213 Racial Profiling - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

214 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Racial Profiling Whether any contraband or other evidence was found during the search and, if so, (e) a description of it. *NOTE: When there is no other way to determine an individual’s race or ethnicity officers will ask the individual to identify their race or ethnicity. b. Officers shall include those facts giving rise to the officer's reasonable suspicion or probable cause for the contact/stop in the report narrative or appropriate documentation field of a citation, warning, FO card or electronic street check. 329.9 BWDR AND DMAV See policy 303 (Body Worn Digital Recording Systems) and policy 304 (Digital Mobile Audio Recording) 329.10 ANNUAL REPORTING The Chief of Police shall submit an annual report, which includes complaints of disparate treatment based on race or ethnicity, as required by Tex. Code of Crim. Pro. § 2.132(b) to TCOLE and each governing body served by this agency. Further, unless exempt under Tex. Code of Crim. Pro. art. 2.135, each year prior to March 1. the Chief of Police shall provide to TCOLE and to each governing body served by this agency a report containing an analysis of the information required by Tex. Code of Crim. Pro. art. 2.133 {Tex. Code of Crim. Pro. art. 2.134(b)). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 214 Racial Profiling - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

215 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 330 Foreign Officials Claiming Immunity 330.1 PURPOSE AND SCOPE The Vienna Convention on Consular Relations sets forth certain rights of foreign officials from member countries when they are arrested, detained or imprisoned by U.S. law enforcement officials in this country. This policy provides direction to officers when considering a physical arrest or detention of a foreign officials claiming Diplomatic Immunity. As noted herein, the United States is a party to several bilateral agreements that obligate authorities to notify the consulate upon the person's detention, regardless of whether the detained person requests his consulate to be notified. A list of specific countries that the United States is obligated to notify is maintained by the U.S. Department of State. CTECC will maintain contact information for the U. S. Department of State, a current telephone list of foreign embassies and consulates, and a list of mandatory notice countries. 330.1.1 DEFINITIONS Foreign National - Anyone who is not a citizen of the United States. A person with dual U.S. and foreign citizenship is not a foreign national. Foreign Official - A foreign national serving in the capacity of ambassador, United Nations representative, consular officer, or other diplomatic agent who may be entitled to certain immunity. In certain cases, immediate family members of a foreign official are also entitled to certain immunity. - Refers to various protections and privileges extended to the employees of foreign Immunity governments who are present in the U.S. as official representatives of their home governments. These privileges are embodied in international law and are intended to ensure the efficient and effective performance of their official "missions" (i.e., embassies and consulates) in foreign countries. Proper respect for the immunity to which an individual is entitled is necessary to ensure that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S. personnel abroad. Although immunity may preclude U.S. courts from exercising jurisdiction, it is not intended to excuse unlawful activity. It is the policy of the U.S. Department of State's Office of Foreign Missions (OFM) that illegal acts by foreign service personnel should always be pursued through proper channels. Additionally, the host country's right to protect its citizens supersedes immunity privileges. Peace officers may intervene to the extent necessary to prevent the endangerment of public safety or the commission of a serious crime, regardless of immunity claims. 330.1.2 ENFORCEMENT PROCEDURES FOR FOREIGN NATIONALS NOT ENTITLED TO IMMUNITY Policy 319 (Custody Arrests) outlines specific procedures for handling foreign nationals who are not entitled to immunity. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Foreign Officials Claiming Immunity - 215 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

216 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foreign Officials Claiming Immunity 330.2 LEVELS OF IMMUNITY The specific degree of immunity afforded to foreign service personnel within the U.S. is directly related to their function and position in this country. 330.2.1 DIPLOMATIC AGENTS Diplomatic agents (e.g., ambassadors and United Nations representatives) are afforded the highest levels of immunity. They are exempt from arrest or detention and are immune from all criminal (and most civil) prosecution by the host state. The family members of diplomatic agents enjoy these same immunities. Currently there are no diplomatic agents permanently assigned to Texas; but they do occasionally visit the state. 330.2.2 CONSULAR OFFICERS Consular officers are the ranking members of consular posts who perform various formal functions on behalf of their own governments. Typical titles include consul general, consul and vice consul. These officials are immune from arrest or detention, except pursuant to a felony warrant. They are only immune from criminal and civil prosecution arising from official acts. Official acts immunity must be raised as an affirmative defense in the court of jurisdiction, and its validity is determined by the court. Under this defense, the prohibited act itself must have been performed as an official function. It is not sufficient that the consular agent was on-duty or in an official capacity at the time of the violation. The family members of consular officers generally enjoy no immunity, however, any family member who enjoys a higher level of immunity is issued an identification card by the Department of State (DOS) enumerating any privileges or immunities on the back of the card. Examples are consular officers and family members from Russia or China. 330.2.3 HONORARY CONSULS Honorary consuls are part-time employees of the country they represent and are either permanent residents of the U.S. or U.S. nationals (unlike career consular officers, who are foreign nationals on temporary assignment to the U.S.). Honorary consuls may be arrested and detained; limited immunity for official acts may be available as a subsequent defense. Family members have no immunity. There are less than 100 honorary consuls in Texas. 330.3 IDENTIFICATION All diplomatic and consular personnel who are entitled to immunity are registered with the Department of State and are issued distinctive identification cards by the Department of State Protocol Office. These cards are the best means of identifying foreign service personnel. They include a photograph, identifying information, and, on the reverse side, a brief description of the bearer's immunity status. Unfortunately, these identification cards are not always promptly issued by the Department of State. In addition to the Department of State identification card, Foreign Service personnel should also have a driver license issued by the Department of State Diplomatic Motor Vehicle Office (DMVO), which in most circumstances replaces the operator's license issued by the state. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 216 Foreign Officials Claiming Immunity - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

217 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foreign Officials Claiming Immunity 330.3.1 VEHICLE REGISTRATION Vehicles that are owned by foreign missions or foreign service personnel and their dependents are registered with the Department of State OFM and display distinctive red, white and blue license plates. Vehicles assigned to diplomatic or consular officers will generally have license plate labels with the words "diplomat" or "consul." Vehicles owned by honorary consuls are not issued OFM license plates; but may have Texas license plates with an "honorary consul" label. A driver's identity or immunity status should not be presumed from the type of license plates displayed on the vehicle. The status of an OFM license plate should be run via the National Law Enforcement Telecommunications System (NLETS), designating "U.S." as the state, if the officer has reason to question the legitimate possession of the license plate. 330.4 ENFORCEMENT PROCEDURES The following procedures provide a guideline for handling incidents involving foreign officials who claim some form of immunity: 330.4.1 CITABLE OFFENSES A citation shall be issued at the scene for all violations warranting such action regardless of the violator's immunity status. The issuance of a citation is not considered an arrest or detention under current Department of State guidelines. Whenever a citation is issued to a subject claiming immunity, these additional procedures shall be followed by the arresting officer: (a) Supervisors shall be promptly notified and should respond to the scene when possible. Supervisors shall ensure the Watch Lieutenant is notified of the incident. (b) Identification documents are to be requested of the subject. (c) The title and country represented by the subject are to be recorded on the back of the officer's copy of the citation for later reference. Do not include this information on the front of the citation. (d) The subject shall be requested to sign the citation. If the subject refuses, the identity and immunity status of the individual shall be conclusively established. 1. Verified diplomatic agents and consular officers, including staff and family members from countries with which the U.S. has special agreements, are not required to sign the citation. The word "refused" shall be entered in the signature box and the violator shall be released. Verified consular staff members, excluding those from countries with which the U.S. 2. has special agreements, are generally obligated to sign the citation but a signature shall not be required if their immunity status is uncertain. The violator shall be provided with the appropriate copy of the citation. (e) (f) Officers and supervisor will adhere to the reporting procedures outlined below in this policy. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 217 Foreign Officials Claiming Immunity - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

218 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foreign Officials Claiming Immunity 330.4.2 DETENTION AND CUSTODY ARREST GUIDELINES (a) Diplomatic agents and consular officers are immune from arrest or detention unless they have no identification and the detention is to verify their diplomatic status. Proper identification of subjects claiming immunity is imperative in potential custody situations. Subjects who are placed under arrest and claim diplomatic or consular immunity 1. shall not be physically restrained before verification of the claim unless restraint is necessary for the protection of the officer or others. 2. Supervisors shall be promptly notified and should respond to the scene when possible. Supervisors shall ensure the Watch Lieutenant is notified of the incident. (b) Field verification of the subjects identity is to be attempted as follows: Identification cards issued by the Department of State Protocol Office are the 1. only valid evidence of diplomatic or consular immunity. The following types of identification cards are issued: Diplomatic (blue bordered), Consular (red bordered), Official (green bordered). The Department of State identification cards are 3-3/4 inches by 1-1/2 inches and contain a photograph of the bearer. 2. Initiate telephone verification with the Department of State. Newly arrived members of diplomatic or consular missions may not yet have official Department of State identity documents. Verify immunity by telephone with the Department of State any time an individual claims immunity and cannot present satisfactory identification, the officer has reason to doubt the claim of immunity, or there is a possibility of physical arrest. Officers can contact CTECC for the appropriate contact phone numbers. Members of diplomatic or consular missions may also have other forms of 3. identification. These include identification cards issued by the Office of Emergency Services, local law enforcement agencies, the foreign embassy, or consulate; driver licenses issued by the Department of State; and, Department of State license indicia on the vehicle. All these items are only an indication that the bearer may have some form of immunity. (c) Subjects verified through the above procedures as being officials entitled to immunity may not be subject to a custody arrest; the procedures below shall be followed instead. These procedures should also be used in the event immunity cannot be verified but another form of identification indicates that immunity is probable. Supervisor approval is required for all custody arrests and releases when a claim of immunity is involved. 1. If the release of the violator will not create an additional hazard, adequate information to properly identify the violator shall be obtained then the official shall be released. The necessary release documents (e.g., citation) should only be issued under the proper conditions. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 218 Foreign Officials Claiming Immunity - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

219 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foreign Officials Claiming Immunity If the violator appears to have been driving while under the influence, field sobriety 2. tests should be offered. The subject shall not be permitted to drive and alternative transportation should be arranged: All facts of the incident shall be documented in accordance with this policy in (a) a Driving While Intoxicated (DWI) Incident Report and/or any other relevant report form. Prosecution is still appropriate and should be pursued. The DWI Unit shall contact the Department of State, as soon as practicable, (b) to verify the violator's status and immunity. Within five working days of the stop, the DWI Unit shall send to the Bureau of Diplomatic Security Office of Foreign Missions of the Department of State a copy of the citation and/or any accident or other written report documenting the incident (Tex. Transp. Code § 543.011 et seq.). The Department of State will take appropriate sanctions against errant foreign service personnel, even where prosecution is not undertaken by the agency. Foreign consular officials have the right to visit their arrested or detained nationals unless (d) the person objects to the visit. Officers and supervisor will adhere to the reporting procedures outlined below in this policy. (e) 330.5 TRAFFIC COLLISIONS Persons involved in a traffic crash who possess a Department of State OFM Diplomatic Driver License issued by the DMVO, shall have "D" coded in the license "class" box of the Traffic Crash Report. The actual driver license class (e.g., 1, 2, 3, or A, B, C, M) shall be entered on the traffic report. If subsequent prosecution of the subject is anticipated, the subject's title, country and type of identification presented should be recorded for future reference. Supervisors shall be promptly notified when a foreign official claiming immunity is involved (a) in a crash and respond to the scene when practicable. Supervisors shall ensure the Watch Lieutenant is notified. Issuance of a citation or arresting a subject claiming immunity at a crash scene shall be (b) handled as outlined in the previous section of this policy. 330.5.1 VEHICLES Vehicles which are owned by subjects with full immunity may not be searched, stored or impounded without the owner's permission. Such permission may be assumed if the vehicle has been stolen. These vehicles may, however, be towed the necessary distance to remove them from obstructing traffic or creating any other hazard. 330.6 REPORTING PROCEDURES (a) A photocopy of all reports and documents (e.g., citations, incident reports, crash reports) related to the incident which involves an identified diplomat and/or immunity subject shall Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Foreign Officials Claiming Immunity - 219 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

220 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Foreign Officials Claiming Immunity be immediately forwarded to the office of the Chief of Police through the officer's chain-of- command, regardless of whether the claim of immunity is verified. The words "Immunity Claim" shall be marked on the top photocopy, together with a notation of the subject's title, country and type of identification presented, if applicable. In addition to the reports and documents, a follow-up cover memorandum should be (b) submitted for incidents where the investigation indicates the violation was flagrant, the subject was uncooperative, or involved any other unusual aspects of the enforcement contact where further action by the Department of State may be necessary. (c) The supervisor apprised of the incident shall ensure that all related documents, including any supervisor's notes, materials and/or logs are forwarded to the office of the Chief of Police without delay. The Chief of Police's office will verify that notification to the Department of State and all necessary follow-up occur. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Foreign Officials Claiming Immunity - 220 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

221 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 342 Traffic Enforcement 342.1 PURPOSE AND SCOPE Officers shall enforce traffic regulations in a uniform, impartial manner. It is imperative for public acceptance that individuals committing identical offenses under similar conditions/circumstances be accorded the same treatment by an officer. To cite one person for an offense and warn another for the same offense committed to the same degree, under similar conditions and circumstances, is improper. The guidelines established in this policy are applicable to both adults and juveniles. 342.2 TRAFFIC ENFORCEMENT POLICY On-duty officers in uniform should stop the operator of any vehicle committing a traffic (a) violation when practical to do so. On-duty officers not in uniform may make traffic stops only if the vehicle used in making the (b) traffic stop is equipped with emergency lights and a siren. (c) After stopping the violator, officers shall exercise good judgment in deciding what enforcement action should be taken (e.g., warning, citation, arrest). (d) A traffic citation should only be issued when: The violator has sufficient identification; and 1. 2. The officer has no substantial reason to believe the violator will fail to appear; and 3. The officer has reason to believe that release by citation will result in termination of the violation; and The violator(s) did not resist detention, assault anyone during the offense, or appear 4. to be combative or violent; and 5. The violator is willing to sign the citation. 342.2.1 SUFFICIENT SUBJECT IDENTIFICATION Officers should make every effort to sufficiently identify a driver or passenger prior to issuing (a) a citation. If it is not possible to sufficiently identify a subject and the officer has an arrest authority, a custody arrest may be made. (b) Subjects whose identity is in question and are being issued a citation or booked into jail shall be transported to the APD ID section to verify their identity prior to issuing the citation or booking into jail. 342.2.2 SPEEDING In situations where officers stop a driver for speeding only, officers may not arrest the driver solely for this violation unless (Tex. Transp. Code § 543.004): Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Traffic Enforcement - 221 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

222 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Traffic Enforcement The driver does not have sufficient identification; or (a) (b) The driver refuses to sign a citation, or The violation is a component of a more serious violation (e.g., reckless driving, DWI, racing). (c) When an arrest is made for the more serious violation, officers shall not issue a citation or charge the violator with speeding. 342.2.3 OPEN CONTAINER Possession of Alcoholic Beverage in a Motor Vehicle is a Class C Misdemeanor (Tex. Penal Code § 49.031) and must be observed by the officer before a citation can be issued. (a) Officers may not arrest solely for this violation unless (Tex. Transp. Code § 543.004): The violator does not have sufficient identification; or 1. 2. The violator refuses to sign a citation. 342.2.4 FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY When drivers who do not have current proof of insurance, officers shall make an inquiry through the Texas Sure Database to confirm if the driver has insurance on file. The inquiry shall be performed on the MDC or through Communications by running a license (a) plate check. (b) If the Texas Sure Database is not accessible during the stop, officers shall note on the back of the citation "SURE was down". 342.2.5 MULTIPLE HAZARDOUS TRAFFIC VIOLATIONS When an officer observes a driver that has committed multiple hazardous traffic violations, a custody arrest may be made with supervisor approval. (a) The intent is to remove an obviously dangerous driver from the roadway. (b) Generally, three or more hazardous violations should be observed by an officer. 342.3 REFUSAL TO SIGN A CITATION Officers shall explain the consequences when a violator refuses to sign a citation. If the violator continues to refuse, the officer shall request a supervisor at the scene. The supervisor shall confirm that the violator understands the consequences of refusing to sign the citation and may order the violator taken into custody if the violator continues to refuse to sign the citation. 342.4 SUBMISSION OF TRAFFIC CITATIONS Officers shall submit all court copies of issued traffic tickets to a Municipal Court drop box by the end of their tour of duty. Drop boxes are located at the various substations. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Traffic Enforcement - 222 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

223 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Traffic Enforcement 342.5 CORRECTION AND DISMISSAL OF TRAFFIC CITATIONS (a) Correction of Citations 1. When a traffic citation is issued and in need of correction, officers issuing the citation shall submit the citation and a Motion for Correction Form requesting a specific correction to their immediate supervisor. The citation and Motion for Correction Form shall then be emailed to [email protected] The correction will then be handled by Municipal Court. (b) Dismissal of Citations 1. APD employees do not have the authority to dismiss a citation once it has been issued; only the court has the authority to dismiss a citation that has been issued. Any request from a recipient to dismiss a citation shall be referred to the court. 2. Should an officer determine that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate, the officer will: (a) Complete a Motion for Dismissal form where the officer will explain the reason for dismissal. (b) The officer will present the completed form to their supervisor for approval. APD be (c) to The Court form will emailed ) Liaison ([email protected] (d) The officer should also discuss the citation with the Municipal Court prosecutor when submitting the required form requesting the dismissal. 342.6 CITATION ACCOUNTABILITY Citation books are stored and secured in PCO. Officers shall: Sign for all issued citation books by legibly printing their name, employee number and signing (a) on the designated form or log book. (b) Be accountable for all citations issued. (c) Return all outdated citation books to PCO. 342.6.1 LOST, STOLEN, MISPLACED OR DAMAGED TRAFFIC CITATIONS (a) Officers will notify their supervisor if an issued citation book or individual citation is lost, stolen, misplaced or damaged. (b) review the incident and email Municipal Court at Supervisors will with the citation number(s) and notification that the [email protected] citation was lost, stolen, misplaced or damaged. 342.7 SPECIAL TRAFFIC ENFORCEMENT SITUATIONS Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Traffic Enforcement - 223 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

224 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Traffic Enforcement 342.7.1 CONSULAR AND DIPLOMATIC PERSONNEL Foreign consular officials enjoy varying degrees of immunity from arrest, which may include traffic violations/citations. See Policy 330 (Foreign Officials Claiming Immunity) for more information. 342.7.2 FEDERAL AND STATE LEGISLATORS Numerous federal and state legislators have offices within the City of Austin. During official legislative sessions, including travel to and from sessions, senators and representatives are immune from citations and arrest except for felonies and breaches of the peace. (a) Officers shall notify their supervisor when enforcement action (e.g., arrest, citation) is taken against a senator or representative. (b) Supervisors shall ensure the Watch Lieutenant is notified. 342.7.3 MILITARY PERSONNEL Personnel of the Armed Forces of the United States (including National Guard) are exempt from state driver's licensing requirements while operating an official motor vehicle in the scope of that service. While operating a private vehicle, active duty non-resident military personnel are not required to hold a Texas driver's license; however, they must possess a current driver's license issued by another state. 342.8 UNIFORM TRAFFIC ENFORCEMENT CHART The following charts cannot cover each situation or violation; this is only a guide for commonly used citation titles. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Traffic Enforcement - 224 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

225 APD Policy Manual 2017-1.5 Issued 7/20/2017 Austin Police Department Policy Manual Traffic Enforcement Hazardous Violations Citation Title Violation Type Guide Posted - Zone (Radar) - Limit- Over Speed allow at least nine (9) mph in excess may the of Speeding ified . spec speed Cite at 0) mph ten greater (1 or the limit over School Zones allow four ( 4) mph in -should Speeding - School Zone excess speed . of at five (5) specified the Cite mph greater. or , at any speed if the facts Officers may cite Tolerances Speed or conditions would justify circumstances at a lower speed . Examples can enforcement be , but are not limited to : Wet , icy or slick road , conditions , residential , construction zones , Speeding area events involving pedestrian and/or and special traffic. Officers must be able bicycle to was not reasonable or the speed articulate why pruden the circumstances . t for Speed over limit - Lower to at least 1 mile per hour than less "posted area " (radar Speeding 48) speed (i.e . 49 in 35 zone - lower to at least & non-radar) (i.e. in 27 - Speeding Same as above Speed limit over 20 -lower to at least 26) ZONE "SCHOOL zone " "school " Same as speed "posted area " Construction over limit Speed - Speeding w/signage must be present indicating workers "Construction " Area "Construction , Zone "Const. Zone , when Fines Double Workers Present " Workers & non-radar) (radar Present. " limit "posted Speed Same as speed over area " Construction - Speeding area " workers not present but signage indicates "construc tion " Zone "Construction & non (radar -radar) " "Const. Zone Any veh icle at speed when exist ing any Imprudent speed Imprudent Speed conditions are such as to make the speed (collision) or imprudent. unreasonable at a speed that impedes the An operator drives traffic Traffic normal Impeding Impeding reasonable movement of traffic for and a distance of or more 3 blocks in col If serious causes involved or lision Yield Fai l to ROW Right-of-way (Left turn , right turn , no left interference to another vehicle , pedestrian or .) etc Red on riqht bicyclist. no turn Warning citations be issued for a 3-day will installation , signals Signs period after & of new signs , signals & (see below) markings (see below) devices. Exceptions would be where an occu accident rs or . situations in aggravated Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 225 Traffic Enforcement - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

226 APD Policy Manual 2017-1.5 Issued 7/20/2017 Austin Police Department Policy Manual Traffic Enforcement Violations, Cont. Hazardous ion Guide Type Citat Title Violation If Vehicle cond are not met - it ions above , Minimum Under Speed Impeding for traffic traveling a period 3 more blocks , will of or Unsafe removed . be fro m roadway when vehic le had or involved in When collision Red stop Red Light not reached nearest Ran light crosswalk line or changed . light red when light Ran Flashing Flashing Light Sa m e as Stop Sign red Red warn ing Ran or apparent ly When involved collision in regard of Disregard Posted Sign sign/dis delibe rate and haza rdous nQ amber liQh t i flash Unsa fe change ly Unsafe Lane When involved in collision or apparent of of Change (from Marked Lane) deliberate and hazardous lanes rete When , grass conc crossed or other physical Physical Crossing not solid crossing t. Does to apply objec Physical Cross Barrier ing Barrier lines. crossed le yellow doub if operator cite not Do Double of Left Drove Double of Left Drove Line or Yellow in a safe zone passing in a no or passed line Yel l ow in ng i Pass or Line a Pass ing in a No manner f pass of a sole the or purpose ing Zone No Passing Zone le road use r vulnerab Passing right wide or turn Turned from wrong lane, Turn Right/Left Improper , from wrong Turned with other traffic interfering f no (i or App roach Ex it lane interference--warn) another with interfered or collision in lved Il lega l U-turn , Crest/Bottom Invo U-turn l Illega of Hill vehicle (if no interference-warn) - Road of W rong Side Invo collision in lved where of Wrong side or ion, collis or near Passing Wrong Or Drove roa d/wrong way (if is heavy no interference-warn) t raffic Way on One-Way Willful , (Use ision coll in or sustained involved or Main Assured an tain to Fail Follow ing too close ly common sense regarding enforcement during Clea r Distance . exists). peak traffic periods when congest ion rate attempt id avo to delibe in Cut Th rough Pr iva te Drive Cite if cut through te priva Cut through drive traff ic co ntrol device to Avoid Light/SiQn to k has crosswal to yie ld righ t-of- FTYROW to Pedestrian in Cite if pedestrian in ma rked Fail hit id beinq avo to run move/ trian Crosswalk pedes to wav Marked No Seat Belt - be lt v iolations pe Code r T ransportation Cite Seat Drive r/Passenger Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 226 Traffic Enforcement - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

227 APD Policy Manual 2017-1.5 Issued 7/20/2017 Austin Police Department Policy Manual Traffic Enforcement Violations Non-Hazardous Type Citation Title Viol ation Guide MV Expired day grace period expiration from six (6) Allow inspection MV I or LP or Expired date registration No emergency or weak foot brakes . Vehic le Defective Equipment- Defective brakes will not stop , in 30 feet @ 20 mph . Or with Brakes on one wheel only brake Defective headlights , multiple neglect warning of wil lful or Evidence Equipment Defective - or tail-lights other light, tail- light, etc. head violations l iQht vio lation interferes Doo or lision in col Involved r i nto Open Vehicle with traffic door to Open movement Traffic of vehicle. another Commerc ial veh icle equipment icle ial veh Al l suspected commerc Do Not Cite equ ipment violat ions violations will be responsibil i ty of HEIL&W Unit or damaged Soi led or warning multiple neglect of wil lful Evidence plate license or no Obscured LP; No Front LP violations front plate License plate bracket Warn on fi r partially obscured of st offense or Obscured LP mounting plate. vio lations warning of wil lful neglect or multiple ; Neon Evidence Other lighting White Light to Rear ts Lig h violations violatio ns Misuse of Dealer In- Buyer r i n- , & deale Evidence wil or multiple warning lful of neglect 's ; Buyer Tag transit/Demo violations tag violations transit TaQ Expired Alte red Fictitious or Fact Specific MV I wil warning m ultiple xhaust- Evidence of or lful neglect exhaust E Defective , Defective smoke etc . Noise/Smoke violat ions mufflers Altered f ictitious or fic Fact Speci reQistration icle veh 's license Driver be issued upon expiration Expired DL Citations may lation Vio (expired) Driver 's license Change to Fail Dr i ver 's Violation l to C ite per T ranspo rtation (fai Code License chanQe address) No insurance , 1st Fai Maintain Financia l l to Code per ion Transportat C ite and 2nd offenses Responsibility C ite or ; and if light transmission is 20% less violation Window tint not vehicle Un lawful Window Tint view does rear have an exter ior window ear - r m irror on each side . Window tint violation if light . ion is 21% to 24% Warn transmiss Cite door windows- Un lawful Window Tint - front less. or if light transmission is 20% s ides both Window tint violation Cite t ransmiss top from 5" if light than ion more Window Un Tint lawful 65% is . less or of windshield -windshield Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 227 Traffic Enforcement - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

228 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 343 Escorts and Traffic Control 343.1 PURPOSE AND SCOPE This policy provides guidelines to Department personnel who encounter traffic situations that require the use of alternative methods of enforcement, traffic direction, utilization of personnel, and specialized equipment or assistance. 343.2 ESCORTS FOR MEDICAL PURPOSES It is the policy of this Department to provide medical aid to persons requesting, or in need of, assistance. Employees should weigh the hazards and traffic dangers involved in providing escorts against the timely response of EMS or AFD. When confronted by a person requesting medical assistance, and if the patient's condition (a) does not appear immediately life-threatening, personnel will: Make every effort to provide first aid, if needed, and notify Communications to request 1. EMS/AFD be dispatched; or 2. Provide directions to the nearest (or requested) hospital and allow the person to proceed; or 3. Provide a Code I escort to the hospital. Due to the inherent liability of an untrained driver following an emergency vehicle and the (b) fact that EMS/AFD can respond within minutes to virtually any location within the City, Code 2 or Code 3 escorts will NOT normally be conducted. However, when in the officer's opinion the extent of injuries or illness is immediately 1. life-threatening and awaiting EMS/AFD would cause an inordinate delay in treatment, the officer will request supervisory approval for a Code 3 escort to the closest hospital emergency room. If approved, Communications will be notified before initiating the escort. 2. The officer's primary function is to clear traffic, guiding the vehicle containing the 3. patient safely to the hospital. 343.3 DIGNITARY AND VIP ESCORTS Coordination of escorts for local or visiting dignitaries/VIPs will be handled through the Special Events and Executive Protection Units. Normally, these type events will be pre-planned and necessary personnel assigned to provide adequate traffic assistance and personal protection. 343.4 UNUSUAL TRAFFIC INCIDENTS Situations may occur that require numerous officers to assist with traffic direction. Each occurrence will vary and may require significantly different approaches. Resources and personnel from various sources should be utilized. Some of these incidents may be, but are not limited to: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Escorts and Traffic Control - 228 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

229 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Escorts and Traffic Control Major collisions (e.g., fatalities, serious injury, officer involved, roadway blocked). (a) (b) Aircraft crashes. Hazardous Materials (e.g., spills, ruptures). (c) Fires or power failure. (d) Inclement weather (e.g., ice, flooding). (e) Tactical situations (e.g., hostage, barricaded subject, civil unrest). (f) (g) Major planned events. 343.5 TRAFFIC CONTROL GUIDELINES When officers must provide traffic control and direction it is important to remember the inherent dangers involved. These guidelines should be followed to make it as safe and efficient as possible. Officers will notify Communications of their location prior to directing traffic in the roadway. (a) (b) Officers will keep Communications informed of any lane or street closures during major situations. It should be remembered that fatigue and monotony can increase the danger of this type (c) of assignment. Supervisors should schedule breaks for officers working traffic for extended periods of time. 343.5.1 REQUIRED EQUIPMENT When officers are directing traffic, at the scene of a collision, or investigating any incident where officers are exposed to vehicular traffic, the following gear is required: (a) Department issued reflective vest at all times; and (b) Flashlight with cone during darkness or limited visibility conditions. 343.5.2 BARRIERS AND TRAFFIC CONTROL DEVICES (a) Police units should be used as initial traffic control barriers until a traffic pattern is established through the use of arrow boards, cones and/or flares. Flares may be used to assist in traffic movement. (b) 1. Flares used at night or in limited visibility conditions may cause disorientation rather than providing direction to drivers. (c) Traffic cones and/or arrow boards should be utilized as additional traffic direction and spaced accordingly to give drivers ample time to react. 1. Placing the initial cone pattern and set-up of arrow boards is extremely hazardous and should only be done with multiple units to provide adequate protection. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Escorts and Traffic Control - 229 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

230 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Escorts and Traffic Control 343.5.3 PRIORITY OF TRAFFIC FLOW (a) While engaging in traffic direction, officers will remain aware of the following: Emergency vehicles. 1. 2. Vehicles on heaviest traveled or main thoroughfares. Vehicles on lesser traveled or secondary roadways. 3. 4. Vehicles entering the roadway from a driveway. Pedestrians. 5. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 230 Escorts and Traffic Control - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

231 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 344 Automatic License Plate Reader (ALPR) 344.1 PURPOSE AND SCOPE The ALPR (Automated License Plate Reader) system will be used as a tool to enhance patrol functions and assist with the collection and storage of data (license plates, dates, times, locations of vehicles and photographs of license plates and vehicles). The ALPR’s main function will be to scan vehicle license plates and cross reference the license plate with information located on “hot lists”. These “hot lists” include but are not limited to license plates that have been listed as stolen, B.O.L.O., AMBER alerts, or wanted. The ALPR will also collect and store license plate data for future investigative records, analysis and dataset linking. 344.2 PROCEDURE 344.2.1 LAW ENFORCEMENT USE The ALPR data is law enforcement information and will be used solely for law enforcement purposes. Any non-law enforcement usage of the data is strictly prohibited. Any misuse or inappropriate application of ALPR operations, information, data, or software will be addressed through Lexipol Policy 902, Administrative Investigations. If a possible violation of this policy (Lexipol 344) from an outside law enforcement agency is discovered, it will be reported to the Auto Theft Interdiction Unit Lieutenant. The Auto Theft Interdiction Lieutenant will review the possible violation and determine if the sharing of ALPR data with the outside agency will continue. The privacy of the information obtained by the Austin Police Department is of the utmost importance. The information obtained by the use of the ALPR is the property of the Austin Police Department and will not be sold, transferred or otherwise distributed to any non-law enforcement entities. 344.2.2 MANAGEMENT OF ALPR The ALPR program will be managed by the Auto Theft Interdiction Unit. (a) Operators who encounter problems with ALPR equipment or programs will contact CTM. (b) he ALPR program will be managed by the Auto Theft Interdiction Unit. (a) 344.2.3 ASSIGNMENT, USE, AND LOCATIONS OF ALPR SYSTEMS (a) No member of the Austin Police Deparment will utilize ALPR equipment without successfully completing the required training. Training will include the appropriate use and collection of ALPR data and emphasize 1. the requirement to document the reason for the inquiry. (b) The assignment of the mobile ALPR systems will be determined by the Region or Unit supervisors to whom the ALPR system is assigned. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Automatic License Plate Reader (ALPR) - 231 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

232 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Automatic License Plate Reader (ALPR) (c) Portable trailer mounted ALPR locations will be determined by the Region or Unit supervisors to whom the ALPR trailer is assigned. 1. The ALPR trailer will not be placed ina location that would create a hazard to passing vehicles or pedestrians. 2. The ALPR trailer will not be left in a location that blocks any part of the roadway. (d) Portable ALPR systems will be available to use on unmarked vehicles. 1. Unmarked vehicles will require an MDC that contains the required ALPR software. Permanently mounted "fixed" ALPR systems (e) Fixed ALPR systems will be monitored by RTCC (Real Time Crime Center). 1. ALPR systems will not be operated or used for any type of warrant round-up operations, or (f) any operations focused on the collection of past due fees and/or fines. The ALPR trailer will not be placed in a location that would create a hazard to passing (a) vehicles or pedestrians. 344.2.4 COLLECTION OF ALPR DATA The ALPR system will be utilized as both an active crime enforcement tool as well as a passive data collection tool which may assist investigations across all divisions. (a) ALPR data is typically collected in a non-directed, non-specific technique. (b) ALPR operators will conduct active and passive ALPR patrols when available in addition to performing their regular assigned tasks. ALPR data bases will not contain Pll (Personally Identifiable Information). APD will not maintain PII data regarding the registered owner of a vehicle in the ALPR database. Collected ALPR data will only be available for law enforcement usage. This includes criminal investigations and law enforcement-related purposes (e.g. searching for a missing person). Secondary use of data by users of the ALPR system will be prohibited and enforced through formal user agreements and audits. 344.2.5 ALPR RETENTION SCHEDULE All ALPR data collected will be stored on a designated ALPR server. Server operators will purge ALPR data 365 days after it is collected. The length of time for the retention of ALPR data will be in accordance with state law. All logins and transactions are logged within the ALPR system and will be audited to ensure proper use and whether there is a criminal predicate. ALPR data related to ongoing criminal investigations, or criminal investigations that contain ALPR as evidence, will require the investigator to download and record the relevant ALPR data into the case file. (a) All ALPR data related to a criminal investigation shall be retained for a period of time that is consistent with the City of Austin's Records Management Ordinance, Chapter 2-11, and any applicable City Records Control Schedules and/or the State Local Government Retention Schedules. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 232 Automatic License Plate Reader (ALPR) - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

233 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Automatic License Plate Reader (ALPR) 344.2.6 ALERTS FROM ALPR SYSTEMS Alerts from a fixed and trailer mounted ALPR systems Will be monitored by the RTCC personnel who will determine whether a received alert will (a) be dispatched, a general broadcast will be delivered to patrol, or no notification will be made to patrol. Vehicle mounted ALPR systems Every alert must be interpreted and validated by a sworn ALPR trained peace officer. (a) An ALPR alert alone, including an alert of RTCC, does not create reasonable suspicion to (b) justify a traffic stop or the detention of an individual. Before making a stop or detention, the officer must: 1. Make a visual confirmation that the license plate actually matches the information captured by the ALPR and reported in the last alert; and 2. Confirm the license plate information with NCIC/TCIC. (c) Officers conducting a traffic stop based on a confirmed ALPR alert should consider the level of risk associated with the nature of the offense, and ensure that their response complies with all applicable laws and APD policies and procedures. 344.2.7 PUBLIC RELEASE OF INFORMATION CONTAINING INFORMATION FROM ALPR COLLECTION Public requests for records of ALPR data shall be processed in accordance with Texas Government Code, Chapter 552, and Lexipol Policy 116. 344.2.8 AUDIT REQUIREMENTS The ALPR system will be audited by the Professional Standards, Inspection Unit. The results of the audit will be presented to the Chief of Police or his/her designee and may be public information as allowed by law. At minimum: The Inspections Unit will perform a quarterly random audit of the system to ensure (a) compliance to policies and procedures. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Automatic License Plate Reader (ALPR) - 233 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

234 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 346 Crash Investigation And Reporting 346.1 PURPOSE AND SCOPE The public safety responsibilities of law enforcement include responding to crashes in order to provide aid and assistance, document the incident, and identify possible criminal activity. Therefore, officers shall be dispatched to all reported crashes except as noted. In the event that a city-wide emergency or inclement weather creates an inordinate volume of calls for service involving minor crashes, the Watch Lieutenant may authorize patrol to temporarily deviate from any portion of this policy. 346.2 CRASH RESPONSE 346.2.1 TOWING FROM A CRASH Upon arriving at the crash scene, an officer should give immediate consideration to: (a) Proper placement of the emergency vehicle to provide protection for officers and the scene. (b) Requesting medical assistance for any injured parties. (c) Requesting additional support that may be necessary (e.g., Crime Scene Unit, traffic control, AFD, tow vehicles). (d) Clearing the crash off of the roadway as soon as possible. 1. If it is not possible to clear the roadway in a reasonable period of time, officers may need to manually direct traffic and/or place traffic cones/flares to divert traffic around the crash scene. 346.2.2 REQUIRED SUPPORT NOTIFICATIONS (a) Highway Enforcement 1. When on-duty, Highway Enforcement shall assist with traffic incident management when a freeway is blocked. 2. A Highway Enforcement supervisor should be notified anytime patrol operations will be negatively impacted by: (a) A collision that will block a freeway for more than 60 minutes; or (b) A commercial motor vehicle crash involving a hazardous material spill occurring on a roadway. (c) Any serious injury or fatality involving a commcercial vehicle. 3. The Vehicular Homicide Unit shall be promptly notified of vehicle crashes involving: (a) Life threatening injury or death. (b) Serious bodily injury involving a Department employee. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 234 Crash Investigation And Reporting - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

235 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Crash Investigation And Reporting 346.2.3 PATROL CRASH INVESTIGATOR A Patrol Crash Investigator is an officer assigned to a patrol shift and who has been to specialized training with the Highway Enforcement Command. (a) Patrol Crash Investigators shall be called to all vehicle crashes involving: Life threatening injury or death 1. 2. Serious bodily injury in which impairment of the driver due to alcohol or drugs is suspected. 3. Serious bodily injury when APD, AFD, or EMS vehicles are involved. A Patrol Crash Investigator shall be promptly notified of, and may respond to crashes (b) involving serious bodily injury. When responding to a crash scene, Patrol Crash Investigators shall: (c) 1. Determine if other resources are needed at the scene 2. Review the completed CR-3 Ensure the scene and evidence are processed as needed if the Vehicular Homicide 3. Unit is not responding, to include: Marking evidence positions with paint (a) (b) Photographing the scene and evidence Collecting key evidence (c) (d) Confirming that witnesses are identified and interviewed 346.3 CRASH INVESTIGATION During crash investigations, officers should: (a) Identify and interview drivers and occupants. Identify and interview any witnesses. (b) Request all witnesses remain at the scene to speak with the Vehicular Homicide 1. Unit, if applicable. (PD0023 / "Brown Driver / Insurance Information Form Provide the drivers involved with a (c) Form") to exchange information. Officers will ensure the forms are completely filled out with the correct information before the drivers exchange the forms. (d) Determine if any traffic violation(s) or crime(s) have occurred and take appropriate enforcement action. (e) Identify and protect items of apparent evidentiary value. 1. Ensure property belonging to a crash victim is protected from theft or damage and removed to a place of safekeeping. Protection of the property may consist of securing Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Crash Investigation And Reporting - 235 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

236 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Crash Investigation And Reporting the property in a vehicle, releasing it to a third party, or turning it into the property room for safekeeping. (f) Notify the dispatcher of any damage to the roadway, signs, or utilities. Document the incident as necessary (e.g., insurance information, statements, (g) measurements, photographs, collection of evidence and reporting) on appropriate report forms. 346.3.1 TOWING FROM A CRASH (a) Rotation or request wreckers shall be used for vehicles that require towing from the scene of a crash, including parked and unattended vehicles on a public roadway, anytime the vehicle is deemed inoperable. 1. Officers should have the driver select a towing company, if possible, and confirm with Communications that it is on the Approved Wrecker List. 2. When there is no preferred company requested, or the company is not on the Approved Wrecker List, a company shall be selected from the rotational list of towing companies maintained by Communications. 3. AFD or EMS may request wreckers when approved by an on-duty patrol sergeant. (b) An authorized impound wrecker shall be used in the following circumstances: 1. When the driver is arrested and the vehicle is otherwise safely operable. 2. When the vehicle has been confirmed as stolen. 3. When the vehicle is of evidentiary value and needed for further investigation in a criminal offense. (a) The vehicle will be loaded onto a flatbed type wrecker only; (b) The vehicle will be accompanied until secured in the lot to maintain proper chain of custody by APD personnel; (c) The Crime Scene Section will be notified if placement inside the Vehicle Processing Facility is required. 4. As outlined in Policy 350 (Vehicle Towing and Release). 346.4 TAKING ENFORCEMENT ACTION Officers generally cannot make an arrest for a Class C misdemeanor which did not occur in their presence. After a thorough investigation in which physical evidence or independent witness statements indicate a violation of the Transportation Code led to the crash, officers may issue the appropriate citation(s) to the offending driver (Tex. Transp. Code § 550.041). (a) Officers shall cite for all the following violations at the scene of a crash, when applicable: Failure to Maintain Financial Responsibility (FTMFR). 1. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 236 Crash Investigation And Reporting - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

237 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Crash Investigation And Reporting Driver's License violations. 2. 3. Hazardous violations. Driving While Intoxicated (DWI) violations shall be enforced immediately. (b) Felony violations (e.g., Intoxication Assault, Aggravated Assault, Manslaughter) shall be (c) enforced immediately. Officers shall consult with the appropriate Investigative Unit as outlined in Department policy. (d) If a driver is subject to enforcement and admitted to a hospital, a supervisor shall be contacted to determine the best course of action. 346.4.1 LEAVING THE SCENE & FAILING TO STOP AND RENDER AID When a driver leaves the scene of a crash where there is damage to a vehicle without exchanging information required by law, it is considered an Leaving The Scene (LTS) crash (Tex. Transp Code § 550.022). When there is very minor damage, officers should determine if a reasonable driver would have had knowledge of the damage caused. Failing to Stop and Render Aid (FSRA) crashes are LTS crashes where someone suffers an injury (e.g., complaint of pain or visible injury) as a direct result of the crash (Tex. Transp Code § 550.021). (a) Found Suspect Vehicle and/or Driver 1. If the suspect vehicle and/or driver is located before the original reporting officer's tour of duty ends, officers shall: (a) Obtain any additional information and include it in the incident report or write a supplement; and (b) Take enforcement action if all necessary elements can be proven and the intent to evade responsibility is shown. (b) Enforcement Action (a) Enforcement of an LTS crash is determined by the following: (a) A citation may be issued for a class C misdemeanor if the pecuniary loss is less than two hundred dollars ($200). (b) A custody arrest may be made for a class B misdemeanor if the pecuniary loss is two hundred dollars ($200) or more. (c) Required Information For Follow-up 1. If no enforcement action is made at the scene of an LTS crash and any of the following criteria is missing, there will not be enough evidence needed to file criminal charges. The officer shall notify the victim there will not be a follow-up investigation when there is: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Crash Investigation And Reporting - 237 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

238 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Crash Investigation And Reporting (a) Lack of a suspect driver description; or (b) Lack of a suspect vehicle description; or (c) Lack of a suspect license plate number. 2. FSRA crash follow-up shall be handled by the LTS Unit. (d) Follow the reporting guidelines outlined in the "Crash Reports and Incident Reporting" section of this policy. 346.4.2 PRIVATE PROPERTY CRASHES Officers may only take traffic enforcement action on the following violations when the crash occurs on private property: Driving While Intoxicated (DWI). (a) (b) Leaving the Scene (LTS). Fail to Stop and Render Aid (FSRA). (c) Reckless Driving. (d) (e) Offenses related to financial responsibility. 346.5 CRASH REPORTS AND INCIDENT REPORTING This section outlines the appropriate TxDOT crash report(s) to use and when an APD incident report is required. (a) Crash report forms shall only be completed or printed in ink. Most questions concerning how to fill out a crash report can be answered by referring to (b) latest version of the Instructions to Police for Reporting Crashes (CR-100) available online through TxDOT. Officers shall comply with the instructions in this manual. A change or modification of a crash report prepared by a peace officer that alters a material (c) fact in the report may be made only by the peace officer who prepared the report. A supplemental report may be made by any authorized employee (Tex. Transp. Code § 550.068). 346.5.1 CRASH REPORTS (CR-2 / "Blue Form") Driver's Crash Report (a) Unless otherwise specified by this policy, officers may issue the drivers a "Blue Form" 1. if the crash meets the following criteria: (a) There is no report of injury; and The vehicles involved are safely operable. (b) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 238 Crash Investigation And Reporting - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

239 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Crash Investigation And Reporting LTS incidents are eligible for a "Blue Form" if the crash meets the above 2. requirements. (CR-3) (b) Texas Peace Officer's Crash Report The following crashes shall be investigated by APD and documented on a CR-3: (a) (a) Crashes involving any injury (complaint of pain or any visible injury). (b) Crashes involving death. Crashes in which impairment of the driver due to alcohol or drugs is (c) suspected. Crashes requiring a wrecker due to damage caused by the crash. (d) (e) Crashes involving a leased, owned or rented city vehicle unless exempted by Policy 346.6.1(c) or Policy 347. FSRA crashes. (f) (g) When it is determined to be in the best interest of the Department or public. If a crash involves a commercial motor vehicle and meets one of the above (b) requirements for completing a CR-3, the commercial motor vehicle section of the CR-3 shall also be completed. 346.5.2 APD INCIDENT REPORTING In addition to completing the appropriate crash report form(s), officers shall also complete a detailed incident report when crashes involve any of the following: Life threatening injury or death. (a) Crime Scene Unit response (regardless if victim condition is upgraded). (b) Driver impairment due to alcohol or drugs is suspected. (c) Leaving the Scene (LTS) incident. (d) (e) Failing to Stop and Render Aid (FSRA) incident. An APD leased, owned or rented vehicle as outlined below. (f) (g) An arrest for any offense. 346.6 CRASHES AND DAMAGE TO APD CITY VEHICLES; CRASHES INVOLVING CITY OF AUSTIN VEHICLES OPERATING AS AN EMERGENCY VEHICLE (EMS, FIRE, OTHER OPERATING CODE TWO OR THREE) (a) APD Vehicles are: 1. Any vehicle owned, leased, or rented by the department 2. Any vehicle loaned or granted to the department for use by an employee Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Crash Investigation And Reporting - 239 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

240 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Crash Investigation And Reporting (b) A supervisor shall be notified of all crashes involving APD vehicles and vehicles operating in an emergency capacity. 1. Supervisors will respond to the scene of APD involved crashes within the city limits or if directed by a Commander or above to conduct an investigation: (a) The involved employee's immediate supervisor shall be contacted if he is on- duty. (b) If the involved employee's supervisor is off-duty, another supervisor on-duty shall be notified. (c) In the event the crash involves an APD commander or above, the next-level supervisor in the involved employee's chain-of-command shall be notified and assume responsibility for follow-up of the incident. (d) In the event the crash occurs outside the city limits of Austin, the investigating supervisor shall determine what APD resources will be sent to the scene. (e) Supervisors will determine if the incident meets the criteria for a crash or "damage to city vehicle". "Damage to City Vehicle" is: 1. Any physical contact between a city vehicle while being operated and another (a) city vehicle, property, object, or animal which results in visible damage to either the city vehicle(s) or another object with the following results: No injuries 1. 2. Damage to vehicle(s) and/or property is cosmetic Vehicle(s) can still be safely and legally operated and 3. 4. Damage to property is minor and there is no impairment to the property's intended function (b) Any incident where an approved police tactic (PIT maneuvers, Vehicle Assaults, moving disabled cars w/ push bumpers) is used that causes damage to either the police unit or the vehicle subjected to the police tactic, shall not be designated as an "Officer Involved Crash". These incidents will be handled and documented as "Damage to City Vehicle". Reporting requirements for damage to city vehicle incidents: 2. (a) Involved officer(s) will notify their supervisor. Supervisors will inspect the damage and make a determination if the incident (b) is a crash or damage to city vehicle. (c) The involved officer will complete the Damage to City Vehicle incident report. (d) Photographs of the scene, vehicle(s), and/or property will be taken and downloaded into the appropriate records management system. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Crash Investigation And Reporting - 240 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

241 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Crash Investigation And Reporting Vehicle damage will be documented and repair requests will be submitted (if (e) necessary) in PCO. (f) Reviewing supervisors shall: Send e-mail notifications with the incident report number prior to the 1. end of the tour of duty to the: Involved employee's chain of command up to the (a) lieutenant; and APD Risk Management (b) 2. Review the primary reporting employee's incident report and add a Versadex case note to the report to document they were notified, if they responded to the scene, and whether they have reviewed the incident. (g) Lieutenants in the reporting officers' chain of command will review reports, photos, and any information related to the incident. If the reviewing lieutenant determines that the officer is not 1. negligent, no further action is needed. 2. If the reviewing lieutenant determines that the officer is negligent in the incident; the information is forwarded to the commander for further review and action if appropriate (documented in field notes, training, IAD, etc.). 346.6.1 REQUIRED REPORTING All crashes involving APD vehicles or non-APD City Emergency Vehicles (EMS, AFD, others (a) equipped with emergency lights and responsible for responding to emergencies) shall have: 1. An incident report titled "Crash / City Vehicle" (3651) completed: and 2. A large, not-to-scale diagram; and 3. Digital photographs of the scene including damage to the vehicle(s) (downloaded into the Digital Crime Scene Management System); and 4. A CR-3, if required, and notate: (a) If the unit was operating in an emergency capacity by checking the appropriate box in the Vehicle/Driver section and document the details in the Investigator's Narrative section, including the damaged vehicle unit number and city number. (b) When the crash involves an APD Vehicle, all involved APD employees shall complete a supplement to the original report; APD supervisors will have final authority to determine when the CR-3 will be completed. (c) Crashes involving APD vehicles and/or non-APD City Emergency Vehicles that meet all of Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Crash Investigation And Reporting - 241 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

242 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Crash Investigation And Reporting the following criteria do not require a CR-3 if the APD employee's immediate supervisor approves the exception. (a) All vehicles involved belong to the City , or the vehicle has struck a fixed object, or an animal only; and There are no persons injured; and (b) The damage caused is less than $1,000 (c) 346.6.2 INVESTIGATIVE SUPERVISOR RESPONSIBILITY FOR CRASHES INVOLVING APD VEHICLES A supervisor shall be notified of all crashes involving APD vehicles and respond to the scene if within the city limits or if directed by a Commander or above. Additionally the supervisor will: Conduct an assessment of the situation and determine the appropriate reporting (a) parameters. Complete all required Workers' Compensation forms as outlined in Policy 956 (On Duty (b) Injury and Illness) for each APD employee who was an occupant in the APD vehicle AND has an injury, suspected injury, or any complaint or statement of pain or injury, regardless of the level of complaint or statement. Supervisors will submit the completed forms to the APD Workers' Compensation Office no later than 24 hours from the crash. 1. During the supervisory investigation of the crash, if there are no reports of injury, complaint/statement of pain; but the supervisor believes the totality of the incident or the mechanism of the crash could have resulted in injury to any occupant, the supervisor should complete all necessary Workers Compensation forms. Initiate an IA investigation if they reasonably believe there is credible evidence a violation (c) of law or policy may have occurred concerning the officer's operation of an APD vehicle. (d) Ensure an Equipment Repair Request form is completed and turned into PCO. Send e-mail notifications with the incident report number, prior to the end of the tour of duty, (e) to the involved employee's chain of command up to the commander. Review the primary reporting employees' incident report for accuracy and completeness. (f) Ensure that any DMAV associated with the crash is properly categorized as Veh Hom Crash (g) Investigation - 3 yrs. (h) Complete an Incident Review Packet on SharePoint filling in all applicable fields to include: All pertinent information relating to the crash, 1. 2. The findings of the supervisor investigation, and Any training issues or policy violations on the part of the involved officer(s), if 3. applicable. (i) Create an electronic folder with the case number in the folder G:\Digital Incident Review Folder containing all supporting documentation. Supporting documentation includes but is not limited to: 1. Digital photographs of any injuries suffered by any party and any property damage, Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Crash Investigation And Reporting - 242 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

243 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Crash Investigation And Reporting Copies of the incident and supplemental reports from all involved officers, 2. 3. CAD call history if the involved officer was on a call, An electronic copy of the CR-3, if required, 4. An electronic copy of a large not-to-scale diagram of the crash, and 5. Copies of all-audio and/or video media of the crash. Supervisors shall identify the 6. applicable MAV information in Share Point IRP. Supervisors are not required to provide a digital copy of audio/video media from a DMAV in car system. Forward the electronic link(s) to the SharePoint IRP and the digital incident review folder (j) within eight (8) working days from the date of the crash as follows: >, and 1. APD Risk Management

244 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 348 Disabled Vehicles and Stranded Motorists 348.1 PURPOSE AND SCOPE This policy provides guidelines to Department personnel to check on and offer to provide assistance to disabled or stranded motorist on all roadways within the City of Austin. The safety of the vehicle occupants, the officer, and other motorists is the first priority. Removal of vehicles posing a hazard or blocking traffic is essential to continuous safe and efficient traffic movement. 348.2 OFFICER RESPONSIBILITY When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practicable. 348.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by department personnel will be contingent on the availability of department resources and the vulnerability of the disabled motorist. 348.3.1 MECHANICAL REPAIRS Department personnel may provide minor mechanical assistance (e.g., change flat tires, provide electrical battery boost) to a disabled vehicle. 348.3.2 PUSH/BUDDY BUMPER USE If exigent circumstances exist or with the permission of the vehicle operator, officers may push a disabled vehicle out of roadway to a safe location using their push/buddy bumpers. Refer to Policy 804 (Vehicle Use) on their proper use. Disabled Vehicles and Stranded Motorists - Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 244 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

245 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 350 Vehicle Towing and Impound 350.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Austin Police Department. 350.1.1 DEFINITIONS Impound Wrecker (a) : For purposes of this policy, impound of a motor vehicle means the taking of a vehicle from a street, alley, highway, sidewalk or public thoroughfare, and in some instances a public place, into actual constructive police custody. It is the removal of a vehicle from where it is initially located, and may also include continued retention of the vehicle in a garage, vehicle storage facility, or other place of safekeeping. Only the authorized impound wrecker service will be used to tow and store impounded vehicles. 1. The following are situations/circumstances which do not constitute an impound. The towing/removal of a vehicle from the scene of a crash due to damage. (a) The removal of an unauthorized vehicle from a private parking lot by the (b) person who has care, custody and control of the lot. (c) Persons engaged in construction, street repair, etc. relocating vehicles to a nearby place of safety. (d) The towing of a vehicle seized by police under applicable forfeiture proceedings. : An APD approved wrecker that is requested by the driver or owner of Request Wrecker (b) a vehicle. : An APD approved wrecker that is on a rotation list maintained by (c) Rotation Wrecker Communications. 350.2 GENERAL TOWING GUIDELINES 350.2.1 TOWING SITUATIONS Vehicles shall be towed using an authorized request or rotation wrecker in the following situations: (a) Vehicles disabled due to a traffic crash that must be removed from the scene regardless of whether the driver is arrested, as outlined in Policy 346 (Traffic Crash Response and Reporting). (b) All other disabled vehicles where the driver is on-scene, officers are providing assistance and the driver is requesting the vehicle be towed. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Towing and Impound - 245 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

246 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Towing and Impound 350.2.2 DRIVING A NON-CITY VEHICLE Non-City vehicles should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of traffic or to comply with posted signs. 350.3 IMPOUND GUIDELINES The decision to impound may be made by any officer as long as the vehicle is in violation of any City ordinance related to traffic or parking, or constitutes a traffic hazard. 350.3.1 AUTHORIZED IMPOUNDS The following are situations/circumstances for which a vehicle may be impounded. (a) The operator of the vehicle has been arrested and the vehicle is otherwise safely operable. It is an abandoned vehicle or junked/nuisance vehicle as defined in the Texas Transportation (b) Code. The vehicle is listed in the BOLO file as a "Stop, ID and Impound" (e.g., UUMV). (c) (d) Due to any catastrophe, emergency or unusual circumstances the safety of the vehicle is imperiled and it cannot be moved to a safe place by other means. The vehicle (including non-motorized) is an immediate and substantial hazard to persons or (e) property because of the vehicle's location and/or condition. The vehicle (including non-motorized) is unattended and parked, stopped or left standing (f) upon any alley, highway, street, sidewalk, or other thoroughfare within the City in apparent violation of state law or City ordinance and the vehicle: 1. Has been ticketed for illegal parking at least ten (10) minutes before beginning the impound process and the vehicle is in: A commercial delivery zone; or (a) Any area on a public roadway or alley marked "No Parking/Tow-Away Zone." (b) Is obviously obstructing the safe and orderly flow of vehicular and/or pedestrian traffic 2. and it is impractical to move the vehicle to a nearby location. (g) Municipal Court has issued an order that a specific vehicle be impounded due to outstanding parking citations. When there is articulable probable cause to believe that the vehicle: (h) Is the instrument, fruit, or evidence of a crime; or (a) Contains an instrument, fruit or evidence of a crime; or (b) (c) Other means of effecting the gathering or security of evidence at the immediate location of the vehicle is not readily available, or appears futile. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Towing and Impound - 246 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

247 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Towing and Impound The vehicle will be accompanied by APD personnel, until secured in the lot, (a) to maintain proper chain of custody. (b) The Crime Scene Section will be notified if the vehicle is to be secured inside the Vehicle Processing Facility. 350.3.2 IMPOUND PROCEDURES (a) A vehicle is considered impounded once the wrecker has been called by Communications. 1. In the event that the owner/operator of the operable vehicle arrives before the arrival of the authorized impound wrecker, officers should attempt to cancel the wrecker. 2. If the authorized impound wrecker cannot be canceled, the owner/operator of the vehicle must settle with the authorized impound wrecker service by payment of a standard fee at the scene or the vehicle will be impounded by the wrecker. (b) When a vehicle is impounded, the impounding officer will deliver the ignition key, if available, to the wrecker driver. (c) A parking citation will be issued in all cases in which the vehicle was impounded for a parking violation. (d) Anytime a vehicle is actually impounded or moved, officers will: and provide the contacted wrecker 1. Complete an APD Impound/Wrecker Report service driver with the appropriate copy. Contact dispatch and have the towed/impounded vehicle entered into the Impound/ 2. BOLO file prior to the removal of the vehicle. Impounded/Moved Vehicle identifying the 3. Complete an incident report entitled vehicle, location, time, registered owner, wrecker service, and show justification for the impound when: (a) The operator of the vehicle has been arrested, or (b) It is an abandoned vehicle or junked/nuisance vehicle as defined in the Texas Transportation Code, or (c) The vehicle is listed in the BOLO file as a "Stop, ID and Impound" (e.g., UUMV), or Municipal Court has issued an order that a specific vehicle be impounded (d) due to outstanding parking citations, or When there is articulable probable cause to believe that the vehicle: (e) 1. Is the instrument, fruit, or evidence of a crime, or 2. Contains an instrument, fruit or evidence of a crime; or Other means of effecting the gathering or security of evidence at the 3. immediate location of the vehicle is not readily available, or appears futile. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Vehicle Towing and Impound - 247 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

248 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Towing and Impound The vehicle will be accompanied by APD personnel, until (a) secured in the lot, to maintain proper chain of custody. (b) The Crime Scene Section will be notified if the vehicle is to be secured inside the Vehicle Processing Facility An incident report is not required, 4. however detailed notes indentifying reasons for the offcier's presence (officer initiated, call for service, etc.), reason for impound (special event, hazardous violation, etc.), and authority for impound (citation, city ordinance, emergency, etc.) when: Due to any catastrophe, emergency or unusual circumstances the safety of (a) the vehicle is imperiled and it cannot be moved to a safe place by other means. The vehicle (including non-motorized) is an immediate and substantial hazard (b) to persons or property because of the vehicle's location and/or condition. (c) The vehicle (including non-motorized) is unattended and parked, stopped or left standing upon any alley, highway, street, sidewalk, or other thoroughfare within the City in apparent violation of state law or City ordinance and the vehicle: Has been ticketed for illegal parking at least ten (10) minutes before 1. beginning the impound process and the vehicle is in: A commercial delivery zone; or (a) (b) Any area on a public roadway or alley marked "No Parking/ Tow-Away Zone." Is obviously obstructing the safe and orderly flow of vehicular and/or 2. pedestrian traffic and it is impractical to move the vehicle to a nearby location. 350.3.3 HOLDS ON IMPOUNDED VEHICLES (a) A hold may be placed on an impounded vehicle when: 1. The vehicle was involved in a criminal incident and it is necessary to establish the identity of the person who will attempt to claim the vehicle. 2. There is a need to secure the vehicle for evidentiary reasons (e.g., homicide, stolen property, a vehicular fatality, vehicle to be forfeited). A hold shall only be authorized by a supervisor or the appropriate Investigative Unit. (b) The employee number of the authorizing supervisor or investigator shall be placed 1. APD Wrecker/Impound Report . on the "approved by" line on the The impounding officer shall document the hold in their incident report. 2. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 248 Vehicle Towing and Impound - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

249 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Vehicle Towing and Impound The initial hold placed on an impounded vehicle shall be in effect for 72 hours. A hold may (c) be lifted by the appropriate Investigative Unit before the 72 hours expires, or extended if continued retention is necessary. 350.4 VEHICLE INVENTORY In all incidents where a vehicle is impounded or moved, officers will make an inventory of the (a) vehicle for damage and any items of personal property. Such an inventory is a care taking function intended to protect: 1. The owner's property while it remains in police custody. The police against claims or disputes over lost or stolen property. 2. (b) The scope of the inventory will include: The exterior for body damage. 1. 2. Those places in a vehicle where a person ordinarily would store or leave items of personal property. Those areas can be but are not limited to: (a) Passenger compartment. (b) Trunk, console, glove box, and attached locked containers (e.g., toolbox) if the key is readily available. (c) Open and closed containers. 3. The inventory will include contents of locked containers (e.g., briefcase, footlockers) if the key or combination is readily available. If the key is unavailable, containers/ compartments may be opened with supervisor's approval. (c) All vehicle damage and personal property located during an inventory of a vehicle will be APD Wrecker/Impound Report , including its description and location. listed on the (d) Unless placed with the prisoner's property at Central Booking, any personal items removed from the vehicle by the impounding officer will be: (a) Listed and described on the APD Wrecker/Impound Report and the property section of the incident report; and Turned into the Evidence Room in accordance with Department policy. (b) (e) If an item of contraband, or fruit or instrument of a crime is found during a vehicle inventory, it may be seized and the person in possession of the vehicle arrested for the appropriate offense(s). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 249 Vehicle Towing and Impound - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

250 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 355 DWI Enforcement 355.1 PURPOSE AND SCOPE The responsibility to remove intoxicated drivers from the roadway extends to all sworn members of the Department. This policy establishes guidelines for the detection, arrest, and processing of drivers who are suspected of operating a motor vehicle while intoxicated. It also provides guidelines for the implementation of the Texas Administrative License Revocation (ALR) Statute for intoxicated drivers who either refuse or fail a blood or breath test. 355.1.1 DEFINITIONS Administrative License Revocation (ALR) - The administrative process to suspend the drivers license of persons who refuse or fail a breath and/or blood test. Breath Alcohol Testing Bus (BAT Bus) - A vehicle deployed by the DWI Unit at various locations around the City of Austin to process and obtain breath and/or blood samples from drivers arrested for DWI. Drug Recognition Expert (DRE) - An officer trained and certified by the International Association of Chiefs of Police to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol using the 12 Step Drug Evaluation and Classification process - As defined in Chapter 49, Texas Penal Code. Intoxication/Intoxicated Minor - For purposes of this policy, any person under 21 years of age (Tex. ABC 106.01). 355.2 HANDLING SUSPECTED DWI DRIVERS Officers shall make the appropriate DWI arrest when probable cause exists. 355.2.1 REASON FOR STOP Officers may stop a vehicle when they: (a) Observe a traffic violation; or (b) Develop reasonable suspicion that a person in the vehicle has been, is currently, or is about to be engaged in criminal activity based on specific and articulable facts by the officer or from information provided by credible witness(es). 355.2.2 REQUESTING A DWI ENFORCEMENT OFFICER Officers who encounter a driver exhibiting characteristics of intoxication may request a DWI Enforcement Officer to conduct the preliminary DWI investigation as outlined below: (a) A request for a DWI officer requires the approval of a DWI supervisor when: The requesting officer has less than 2 years APD patrol experience; or 1. 2. The driver is physically combative; or The driver is under arrest, or will be arrested, for another offense. 3. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 250 DWI Enforcement - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

251 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual DWI Enforcement (b) If a DWI Officer is available to respond, the following guidelines apply: perform any field sobriety tests on the driver. should not The requesting officer 1. 2. Driver's license and warrant checks should not be conducted prior to DWI officer arrival unless it is an officer safety issue. Any findings in reference to prior DWI offenses shall not be given to the DWI officer until after field sobriety tests are conducted. If the incident involves a crash and/or offense where the officer did not witness the 3. subject driving, officers should keep any witnesses on scene that can positively identify the driver(s). Any charges to be filed in addition to DWI shall be filed by the stopping officer. 4. 5. If the DWI officer arrests a driver for DWI during an assist and that driver is subsequently transported to any hospital for a medical reason (other than to obtain a blood draw for the DWI investigation), it shall be the responsibility of an officer from the originating patrol area to guard the prisoner at the hospital and later transport him to jail. (c) If a DWI officer is not available to respond, the officer shall conduct the preliminary DWI investigation and take appropriate enforcement action. A DWI officer should be considered unavailable if they are not en-route within 15 minutes of the assist request. 355.3 PRELIMINARY DWI INVESTIGATION Officers must be able to articulate specific facts that lead to the development of probable cause for a DWI arrest. This can be done through observations, use of a field interview, and field sobriety tests. Units equipped with a Mobile Audio Video (MAV) recording system for which the officer (a) has been trained shall, if possible, position the device in such a way as to record the field interview and field sobriety tests. 355.3.1 FIELD INTERVIEW A field interview should be conducted to document the following: Any characteristics of intoxication exhibited by the driver (e.g., odor of alcoholic beverage (a) on the breath, bloodshot or glassy eyes, impaired speech). Interview answers given by the driver (e.g., originating location, destination, alcohol (b) consumption). 355.3.2 FIELD SOBRIETY TESTS Officers trained and certified in the administration of the SFST (e.g., Horizontal Gaze Nystagmus (HGN), Walk and Turn, One Leg Stand) shall conduct the tests during a DWI interview. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 251 DWI Enforcement - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

252 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual DWI Enforcement (a) Officers not trained and certified in the SFST should request a trained and certified officer to the scene. (b) Officers should go through the instructions for each SFST and give the driver an opportunity to complete the test, even if the driver does not wish to perform any of the requested tasks. (c) As a last field sobriety test, when reasonably available, officers should request the driver to submit to a preliminary alcohol screening test. This test is to be performed by an officer who has been trained in the use of the device. The officer will administer the admonishment listed in the training manual. Officers are not required to conduct the SFST when: (d) Physical limitations of the driver preclude its use; or 1. The safety of the officer and/or driver may be compromised; or 2. The tests are impractical for some other articulable reason. 3. (e) Other field sobriety tests (e.g., Romberg Balance Test, Finger to Nose) may be conducted to further develop probable cause but should not be used as a substitution for the SFST, unless necessary. 355.3.3 HANDLING MINORS - Minors are subject to the same standard in developing probable cause to determine (a) DWI intoxication for a DWI arrest. If the field interview and SFST indicate that a minor is intoxicated, he may be arrested for DWI. - Minor that do not exhibit signs of intoxication and/or have passed the SFST but has (b) DUI any detectable amount of alcohol on their breath may be arrested for Driving Under the Influence (DUI) Minor-Alcohol (Class C misdemeanor). Officers shall either arrest the minor or issue a field release citation for DUI Minor-Alcohol as follows: Arrest 1. Officers may request a breath specimen by reading a DIC-24, if desired. The (a) DIC-24 does not need to be read to a minor unless a breath specimen is being requested. 1. If the minor refuses to provide a sample, or the sample shows an alcohol concentration greater than or equal to .001, issue the DIC-24, DIC-25 and seize the minor's Texas drivers license. If the officer does not request a sample, do not seize the minor's Texas 2. drivers license. (b) Breath Samples From Minors Under 18 Years of Age 1. The Family Code, Title 3, Chapter 52, Section 52.02(d) states that a juvenile taken into custody for DUI Minor-Alcohol may submit to the Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. DWI Enforcement - 252 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

253 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual DWI Enforcement taking of a breath specimen without the concurrence of an attorney, but only if the request and the child's response to that request is videotaped. 2. In accordance with this statute, officers wishing to request a breath specimen from a juvenile arrested for DUI Minor-Alcohol must videotape the administration of the DIC-24 prior to administering the intoxilyzer test. Field Release Citation 2. Along with the citation, issue a DIC-25 and turn the minor over to a (a) responsible adult. A minor shall not be allowed to drive the vehicle from the scene if issued a (b) citation. Disposition of the vehicle shall be made in one of the following ways: (a) Release the vehicle at the scene to a licensed, sober passenger. Contact a parent or other adult to come to the scene and assume (b) custody of the minor/vehicle. (c) If none of the above options are available (e.g., the minor is from out- of-town), the vehicle may be impounded and the minor arrested and transported to a Juvenile Detention Facility or County booking facility, as appropriate. (a) If the detention facility will not accept custody of the minor due to the category of offense, officers shall follow Policy 317.2.5. (b) RELEASING A JUVENILE FROM CUSTODY. 355.4 REQUESTING A SPECIMEN After placing a driver under arrest, officers may read the DIC-24 (DIC-55) and request a specimen of the drivers' breath and/or blood. The reading of the DIC-24 (DIC-55) should be recorded using a unit equipped with an MAV (a) recording system or a booking facility video room. (b) If the driver agrees to provide a specimen of his breath and/or blood, follow the appropriate specimen guidelines outlined below. If a driver refuses to provide a specimen of his breath and/or blood, follow the booking (c) guidelines outlined below. 355.4.1 FORCE TO OBTAIN SPECIMEN Officers shall not coerce a driver to submit to a breath or blood test. (a) (b) Officers shall not use force to compel a driver to submit to a breath or blood test except in cases authorized by mandatory blood draws or as a result of a search warrant for blood. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. DWI Enforcement - 253 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

254 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual DWI Enforcement Only the least amount of force reasonable to obtain the specimen may be used when 1. force is authorized and should generally be limited to soft restraints. 355.4.2 BOOKING FACILITY VIDEOTAPING If the field interview and field sobriety tests were videotaped by means of an MAV recording (a) system and during that taping the driver refused to give a breath or blood specimen, it is not necessary to videotape the driver again. If the driver refuses both breath and blood tests and the SFST were not taped by a MAV (b) recording system, the officer shall videotape the driver at the appropriate County booking facility. The following steps and procedures shall be followed in the video room: 1. Attorneys for drivers shall not be allowed in the video room. After entering the video room, make reasonable attempts to keep the driver within 2. the viewing area of the camera. If the driver is not cooperative and refuses to stand up in the video room, do not force 3. the driver to stand. 4. The officer shall go through all appropriate steps listed in the video room, even if the driver does not wish to perform any of the requested tasks. 5. The officer shall display the DIC-24 (DIC-55) that was already read and ask the driver if he wishes to sign it to indicate his refusal. The officer shall give the driver his copies of the DIC paperwork while being recorded. 6. 7. The driver shall be booked into jail for DWI. 355.5 BREATH SPECIMEN GUIDELINES (a) If a driver has consented to give a specimen of his breath, take the driver to an intoxilyzer testing location at the BAT Bus or County booking facility. The intoxilyzer shall only be administered by a trained and certified Intoxilyzer 1. Operator (IO). Officers transporting a driver to a County booking facility shall request dispatch to 2. have an IO meet the officer at the facility, if needed. Upon arrival to an intoxilyzer testing location and prior to taking a breath specimen, officers (b) shall record the reading of the DIC-24 (DIC-55) to the driver if it hasn't been done yet. If the driver is a Spanish speaker, the tape-recorded DIC-24S shall be played or a Spanish- speaking officer shall read the DIC-24S. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 254 DWI Enforcement - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

255 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual DWI Enforcement 355.5.1 INTOXILYZER RESULTS (a) If the intoxilyzer results indicate the driver's alcohol concentration was at or above the legal limit, he shall be charged with DWI. Officers shall follow the appropriate booking guidelines outlined in this policy. If the intoxilyzer results indicate the driver's alcohol concentration was less than .05 percent, (b) it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense. 1. The arresting officer shall contact his supervisor or a DWI Enforcement Unit supervisor. 2. The responding supervisor shall review the MVR recording of the initial stop and subsequent investigation. 3. Absent confirmation of the presence of drugs through an examination by a Drug Recognition Expert, the responding supervisor shall order the release of the driver or direct the officer to issue a citation for the original traffic or other violation. If the intoxilyzer results are .05 but less than .08, the arresting officer shall contact his (c) supervisor or a DWI Enforcement Unit supervisor. The responding supervisor shall review the MVR recording of the initial stop and 1. subsequent investigation. If it is determined that the level of impairment exhibited by the driver, and the totality of the circumstances surrounding the arrest still warrant the continued detention, the supervisor shall approve the arrest of the driver. If the responding supervisor, after review of all the evidence including the intoxilyzer 2. results, determines there is insufficient probable cause to support the DWI charge, he shall order the release of the driver. (d) If the driver exhibits symptoms of intoxication but the intoxilyzer results do not indicate a level of alcohol concentration consistent with the impairment displayed, the driver may be asked for a specimen of his blood and if he would consent to a DRE evaluation. If the driver was not videotaped during the initial stop, he must be videotaped when the request is made. 1. If the driver consents to a DRE evaluation, it shall be administered by a trained and certified DRE. Based on the outcome of the evaluation, the driver will either be booked into jail or released. If the driver only consents to a blood specimen, follow the blood specimen guidelines 2. outlined in this policy. 3. If the driver does not consent to a blood specimen, even after supplying a breath specimen, seize his Texas drivers license and follow the booking guidelines outlined in this policy. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 255 DWI Enforcement - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

256 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual DWI Enforcement 355.6 BLOOD SPECIMEN GUIDELINES Officers shall adhere to the following guidelines if requesting a blood specimen from a driver after reading the DIC-24 (DIC-55) and the driver: (a) Refuses to give a specimen but meets the conditions for a mandatory blood draw (with DWI Supervisor approval); or (b) Refuses to give a specimen but meets the requirements for obtaining a blood search warrant; or (c) Voluntarily consents to give a blood specimen. 355.6.1 MANDATORY BLOOD DRAWS (a) When an officer arrests a DWI suspect who refuses to provide a voluntary breath or blood test and who falls under the following criteria, the officer will contact their corporal (or another corporal on duty) and attempt to obtain a blood search warrant. 1. A death has occurred or is likely to occur as a result of the collision; or 2. Serious bodily injury occurred to another as a result of the collision; or 3. Bodily injury occurred to another and that person was transported to a medical facility; or 4. The driver has 2 or more prior convictions for DWI; or 5. The driver is being charged with DWI with a child passenger under 15 years of age; or 6. The driver has 1 or more prior convictions for Intoxication Manslaughter; or 7. The driver has 1 or more prior convictions for DWI with a child passenger under 15 years of age. (b) In the unusual case that an officer feels there is an exigency or they do not have time to apply for a blood search warrant, the officer shall contact an on-duty (or on-call) DWI supervisor for approval for a warrentless blood draw. Officers should be aware that there is a magistrate at the Travis County Jail 24 hours a day for warrants. The DWI supervisor will determine if exigency articulated by the officer overrides the blood search warrant requirement. 1. For a blood search warrant in Williamson County, contact the Williamson County booking desk and determine if there is an on-duty or on-call magistrate for review of a blood search warrant. If they are not available, an Austin Municipal Magistrate may be utilized. 355.6.2 BLOOD DRAW PROCEDURES (a) Blood draws performed at the Travis County Central Booking Facility shall be recorded by the video cameras in the phlebotomy room. (b) The following lists the available locations for mandatory blood draws, blood search warrants, and voluntary blood draws: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. DWI Enforcement - 256 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

257 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual DWI Enforcement 1. Daily from 9:30 p.m. to 5:30 a.m. transport the driver to Travis County booking and have the medical professional perform the blood draw. 2. All other times, request dispatch to contact the on-call DWI officer. The DWI officer will contact the medical professional to respond to the jail and perform the blood draw. For blood draws in Williamson County, contact the booking desk and determine if 3. the jail nurse is available for a blood draw. If they do not have a nurse available, transport the suspect to the Georgetown Hospital to have a medical professional complete the blood draw. 4. Hospital Setting (a) If the suspect has been transported to a hospital, the evidentiary blood draw can be done by medical personnel at the hospital. (b) There is no need to contact the Department medical professional if the hospital is performing the blood draw. (c) Follow blood draw procedures that have been established by the hospital. (c) Blood tubes shall be handled in accordance with Policy 618 (Property and Evidence Collection Procedures) and placed in the appropriate refrigerated drop box for processing by the APD Crime Lab, along with appropriate routing and chain-of-custody paperwork. 355.7 DWI BOOKING GUIDELINES When booking a driver into jail for DWI, the arresting officers shall: (a) Complete a booking sheet and indicate the appropriate DWI charge. (b) Complete the DIC-24 (DIC-54): 1. Notate what type of specimen was requested; and 2. Whether a specimen was provided; and 3. Give a copy of the document to the driver. (c) Complete the DIC-25 (DIC-55), give a copy of the document to the driver and seize his Texas driver's license when the driver: 1. Refuses to provide a specimen; or 2. Provides a breath specimen with results at or above the legal limit. (d) Do not seize an out-of-state license from a driver or a driver who provides a voluntary blood sample. 355.8 FILING DWI CHARGES Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. DWI Enforcement - 257 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

258 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual DWI Enforcement 355.8.1 REQUIRED ADMINISTRATIVE LICENSE REVOCATION DOCUMENTATION (a) The following Administrative License Revocation (ALR) documents are required when making an arrest for DWI: 1. Motor Vehicles (a) DIC-23 - Peace Officer Sworn Report. (b) DIC-24 - Statutory Warning. (c) DIC-25 - Notice of Suspension / Temporary Driving Permit. 2. Commercial Motor Vehicles (a) DIC-54 - Peace Officer Sworn Report / Commercial Motor Vehicles. (b) DIC-55 - Statutory Warning / Commercial Motor Vehicle Operators. (c) DIC-57 - Notice of Disqualification / Temporary Driving Permit. (b) The following documents are required when taking a breath and/or blood specimen: (a) TLE-51A Affidavit of Person who Withdrew Blood. (b) The APD Chemistry Lab Blood Alcohol Submission Form is used when a blood specimen is taken. (c) The following documents have Spanish versions that can be used for Spanish speaking drivers: DIC-24S, DIC-25S, DIC-57S. 355.8.2 DIRECT FILING DWI CHARGES (a) Officers direct filing charges for DWI shall complete the following documentation to be turned in to a DWI Enforcement supervisor if utilizing the BAT Bus or the Arrest Review detective if going directly to a County Booking facility: 1. Case disposition sheet; and 2. Original signed DWI PC Affidavit; and 3. Required ALR paperwork; and 4. Intoxilyzer results if a breath sample was given; and 5. TLE-51A if a blood sample was given; and 6. Any seized Texas drivers license, if applicable; and 7. Copy of Blood Search Warrant paperwork, if applicable. (b) Officers who request a DWI officer that subsequently arrests the driver, shall: 1. Write a supplement to the incident report; 2. Complete any CR-3 (Crash Report), if applicable; Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. DWI Enforcement - 258 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

259 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual DWI Enforcement 3. Submit into evidence any in-car recording(s) showing event's prior to arrival of the DWI officer. 355.8.3 ADDITIONAL WILLIAMSON COUNTY GUIDELINES (a) Officers arresting and booking a driver into Williamson County Jail are required to get DWI Enforcement Unit or Arrest Review Unit review and approval on arrests. (b) In addition to copies of the required documentation listed above, officers shall turn in the following to the Williamson County Booking Officer: 1. Williamson County Sheriff's Department Arrest Report or a copy of the incident report, if printed out and available. The Williamson County form does not replace the requirement of officers to complete an incident report (c) All original ALR paperwork, a copy of the DWI PC Affidavit and any seized Texas drivers license shall be stapled together and forwarded to the Traffic Office. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 259 DWI Enforcement - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

260 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 362 Outside Agency Assistance and Joint Task Forces 362.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to officers when requesting assistance or answering a request for assistance from another law enforcement agency. It is the policy of this department to provide assistance whenever possible, consistent with the applicable laws of arrest and detention policies of this department, when another law enforcement agency requests assistance with an arrest or detention of any person. This department may also request an outside agency to provide assistance. 362.1.1 PUBLIC REQUESTS FOR SERVICE IN ANOTHER JURISDICTION All incoming calls from the general public requesting police assistance at a location not within the geographical jurisdiction of the Austin Police Department shall be immediately routed or referred to the proper agency. 362.2 ASSISTING OUTSIDE AGENCIES 362.2.1 REQUESTS FOR NON-EMERGENCY ASSISTANCE (a) Requests of Minor Nature 1. Law enforcement agencies making a minor nature request of APD (e.g., back- up on traffic, identification inquiries) shall normally be processed through APD Communications. (b) Requests for Major or Specialized Non-Emergency Assistance Law enforcement agencies making a formal request for any major or specialized non- 1. emergency assistance shall be advised to contact the following APD supervisors: - Affected commander or lieutenant. Uniform Personnel (a) - Investigations Specialized Investigative or Tactical Assistance (b) commander, Organized Crime commander or Special Operations commander, as the situation dictates. : Forensics manager (c) Specialized Forensic or Victim Counseling Services or Victim Services manager, as the situation dictates. In the absence of the above APD supervisors, the Watch Lieutenant or Duty 2. Commander shall be contacted. APD supervisors shall notify the chain-of-command up to the affected assistant 3. chiefs if it is determined a service request will take an extended period of time and impact APD resources. Outside Agency Assistance and Joint Task Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Forces - 260 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

261 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Outside Agency Assistance and Joint Task Forces 362.2.2 REQUESTS FOR EMERGENCY ASSISTANCE Law enforcement agencies may request emergency assistance from the Department at any time. Such requests are categorized and handled as follows: Immediate Emergency Assistance (a) 1. These are incidents in which another agency's officers are within or immediately adjacent to our jurisdiction and have encountered a situation or incident requiring immediate assistance (e.g., officer needs assistance, major crashes). 2. Such requests are normally received by APD Communications which is responsible for: Determining the nature of the request; and (a) (b) Dispatching the appropriate APD units to assist; and Notifying the appropriate unit sergeant and lieutenant of the request. (c) (b) Formal Emergency Assistance (a) This type of request is normally made when another agency's resources have been overwhelmed or need to be supplemented (e.g., disasters, hostage/barricade situations, explosive devices, mass casualty incidents). (b) The affected assistant chiefs, or in their absence the Duty Commander, shall be immediately notified and will make a decision as to what extent the Department will honor such requests. 362.2.3 COMMAND AND COORDINATION OF APD PERSONNEL (a) APD personnel shall not be placed under the command of any outside agency. (b) Any APD Units dispatched for routine assistance to another agency shall contact the other agency's officer-in-charge to render approved assistance but shall remain under the direct control of an APD supervisor. (c) At the scene of an incident where APD personnel are working with officers from an outside agency: 1. The ranking APD patrol supervisor shall assume command and responsibility of all assigned APD patrol officers. 2. The ranking APD support unit supervisor shall assume command and responsibility of all APD support unit personnel. The responsible supervisors shall coordinate their efforts with each other and with 3. the ranking supervisor of the outside agency. 4. If there is only one APD supervisor on-scene and several units of the Department are present, that supervisor shall assume command and responsibility of all APD Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Outside Agency Assistance and Joint Task Published with permission by Austin Police Department Forces - 261 APD Policy Manual 2017-1.5 Issued 7/20/2017

262 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Outside Agency Assistance and Joint Task Forces personnel and shall coordinate operations with the ranking supervisor of the outside agency. (d) The appropriate Commanders or Duty Commander shall be kept informed by the on-scene ranking APD supervisor of the progress, delays, or conclusion of any operation. (e) When a long-term investigation is being performed jointly with another law enforcement agency, the affected Commanders will maintain liaison with the outside agency. 362.3 JOINT INVESTIGATIVE TASK FORCE An investigative task force may be established when normal resources are unable to cope with a problem or would aid in the investigation of certain types of offenses. To request establishment of a joint task force a written memorandum of understanding or (a) task force agreement must be completed and agreed to by the involved agency or agencies. (b) The decision to establish any joint task force must be approved by the Chief or designee. (c) Planning and Analysis will track the number and type of ongoing joint task forces. This will be accomplished in accordance with any prescribed security or confidentiality clauses established in each task force agreement. 362.3.1 JOINT TASK FORCE MANAGER Once the decision to establish an investigative task force has been approved, a joint task force manager will be appointed. Selection of the joint task force manager will be based upon work experience, management skills, the overall reputation of the candidate and the type of investigation. The joint task force manager will be of the rank of lieutenant or higher, depending on the (a) scope of the problem or investigation, and requires final approval by the Chief or designee. (b) The joint task force manager will be responsible for: 1. Establishing accountability for all facets of the operation. 2. Identifying all available resources required. 3. Briefing the Chief or designee periodically, or as requested, on the progress of the task force. 4. Preparing an after-action report to be presented to the Chief or designee detailing: Expenditures (e.g., overtime, equipment, travel). (a) (b) Staff-hours used. Arrests and prosecutions. (c) Property and contraband recovered or seized. (d) Effectiveness of task force. (e) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Outside Agency Assistance and Joint Task Published with permission by Austin Police Department Forces - 262 APD Policy Manual 2017-1.5 Issued 7/20/2017

263 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Outside Agency Assistance and Joint Task Forces (f) Recommendations. 5. Forwarding a copy of the after action report to Planning and Analysis for archiving. 362.3.2 APD PERSONNEL IN JOINT TASK FORCES When APD personnel are assigned to assist other agencies in either long- or short-term joint task forces: (a) APD personnel will remain under the control of a specified APD supervisor. Reporting procedures shall be established by APD supervisors to ensure regular reports are (b) received from APD employees regarding their activities. (c) The involvement of APD personnel in joint task forces will undergo regular review by the involved emloyee's chain-of-command. (d) Affected assistant chiefs may request periodic reports from a chain-of-command either recommending the continuation or termination of the employee's involvement. 362.4 NOTIFICATIONS AND INVESTIGATIONS INVOLVING AUSTIN INDEPENDENT SCHOOL DISTRICT (AISD) POLICE AISD Police have agreed to notify APD Communications when incidents of a serious nature (a) (e.g., Homicide, Aggravated Assault, and Sexual Assault) occur on school property. 1. APD Communications will contact an APD patrol supervisor with details of the incident and will supply a contact number for the AISD police supervisor. The APD supervisor will determine what, if any, response is needed from APD 2. and will confer with the AISD supervisor on which agency will assume investigative responsibility. (b) APD Communications shall notify AISD police of any AISD school related safety issues (e.g., fire around school property during school hours) or serious incident affecting AISD students (e.g., death of an AISD student, AISD bus crash). (c) Prior to APD PIO releasing information to the media on any major incidents affecting AISD schools or students, APD PIO first shall notify AISD PIO. 362.5 REQUESTING ASSISTANCE FROM OTHER AGENCIES An APD supervisor shall coordinate any assistance needed from outside agencies. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Outside Agency Assistance and Joint Task Published with permission by Austin Police Department Forces - 263 7/20/2017 Policy Manual 2017-1.5 Issued APD

264 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 364 Off-Duty Law Enforcement Actions 364.1 PURPOSE AND SCOPE The decision to become involved in a law enforcement action when off-duty can place an officer as well as others at great risk and must be done with careful consideration. This policy is intended to provide guidelines for officers of the Austin Police Department with respect taking law enforcement action while off-duty. The same standard of objective reasonableness that applies to on-duty enforcement actions shall also apply to off-duty enforcement actions. This policy does not apply to officers who are working in an undercover or approved secondary employment capacity. 364.2 POLICY Initiating law enforcement action while off-duty is generally discouraged, particularly when officers are outside their jurisdiction. Reporting to the appropriate law enforcement agency and safe monitoring of suspected criminal activity is favored. (a) Officers should not attempt to initiate enforcement action when witnessing minor crimes; Officers are not expected to place themselves in unreasonable peril. Officers who becomes aware of an incident or circumstance that he reasonably believes (b) poses an imminent threat of serious bodily injury or death, or significant property damage, should take reasonable action to minimize the threat. (c) Officers must remember that their authority to arrest may be limited based upon their jurisdiction. 364.3 FIREARMS Officers of this department may carry firearms while off-duty in accordance with federal and state law and department policy. Any officer wishing to carry a firearm while off-duty is authorized to do so as either a law (a) enforcement officer as allowed by this policy or as a civilian under the authority of the state issued license, not both. (b) Officers shall carry their Department issued badge and identification card when carrying firearms off-duty under the authority granted to a law enforcement officer. An officer carrying off-duty under the authority of a state issued license, whether concealed (c) or open, will not display his or her APD badge or ID, or use or carry any APD equipment, including their issued firearm. (d) Firearms shall not be carried by any officer who has consumed an amount of an alcoholic beverage, or taken any drugs, that would tend to adversely affect the officer's senses or judgment. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Off-Duty Law Enforcement Actions - 264 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

265 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Off-Duty Law Enforcement Actions (e) For purposes of this section of this policy, off-duty is defined and as any activity in which the employee is not receiving compensation or benefit as a result of their employment with the Department, or wearing any part of an authorized uniform. This definition does not apply to officers who are working in an undercover capacity. i. 364.4 DECISION TO INTERVENE Generally, off-duty officers should consider waiting for on-duty uniformed officers to arrive and gather as much accurate intelligence as possible instead of immediately intervening. (a) Officers should take into consideration the following factors when making a decision on whether or not to intervene: 1. The tactical disadvantage of being alone and the fact there may be multiple or hidden suspects. 2. The inability to communicate with responding units. The lack of equipment, such as handcuffs, OC or baton. 3. The lack of cover. 4. The potential for increased risk to bystanders if the off-duty officer were to intervene. 5. 6. Unfamiliarity with the surroundings. 7. The potential for the off-duty officer to be misidentified by other peace officers or members of the public. 364.4.1 INTERVENTION PROCEDURE If involvement is reasonably necessary, an officer should call or have someone else call 9-1-1 to request immediate assistance if possible. (a) The operator should be informed that an off-duty officer is on-scene and provided a description of the officer if possible. Officers should clearly identify himself as a police officer to those involved in the situation, (b) if practicable. Officers should fully cooperate with the agency having jurisdiction in providing statements (c) or reports as requested or as appropriate. 364.4.2 INCIDENTS OF PERSONAL INTEREST Unless there is an exigent circumstance, employees shall refrain from handling police incidents of personal interest (e.g., family or neighbor disputes). When practicable, employees should report the matter to 9-1-1 so that an on-duty officer can respond. (a) Offenses that may be committed against the employee, members of the employee's family, or a business interest of the employee will be reported to the Investigative Unit with Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Off-Duty Law Enforcement Actions - 265 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

266 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Off-Duty Law Enforcement Actions responsibility for investigation of such offenses. Normal filing procedures will be followed to prevent any potential for abuse of authority. Employees shall not maintain continued involvement in any criminal case, nor personally (b) file any criminal charge in a court of law, against any person for criminal offenses committed against the employee, any member of the employee's family, or which involves any business in which the employee has a proprietary interest. 364.4.3 CIVILIAN RESPONSIBILITIES Civilian personnel should not become involved in any law enforcement incident while off-duty except to notify the local law enforcement authority and remain at the scene, if safe and practicable. This policy does not prevent a civilian employee from taking action as a private citizen as authorized by State law. 364.4.4 OTHER CONSIDERATIONS When encountering non-uniformed officers in public, uniformed officers should wait for acknowledgement by non-uniformed officers in case they need to maintain an undercover capability. 364.5 REPORTING In addition to contacting the appropriate agency, any off-duty employee who engages in any (a) law enforcement activity shall notify, as soon as practicable: The employee's immediate supervisor if the supervisor is on-duty. 1. 2. Any on-duty supervisor when the employee's immediate supervisor is off-duty. The notified supervisor shall determine whether a report should be filed by the employee. (b) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Off-Duty Law Enforcement Actions - 266 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

267 Policy 7/20/2017 Issued 2017-1.5 Manual APD Austin Police Department Policy Manual Chapter 4 - Incident Response, Investigation, and Reporting Guidelines Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Incident Response, Investigation, and Published with permission by Austin Police Department Reporting Guidelines - 267 APD Policy Manual 2017-1.5 Issued 7/20/2017

268 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 400 Officer Response to Calls 400.1 PURPOSE AND SCOPE The Department has a responsibility to protect life and property and to provide service to the residents of Austin. To fulfill this obligation it must provide an appropriate response to calls. Officers use caution, good judgment, and should be ever mindful that they have a responsibility to due care when operating vehicles in an emergency capacity to ensure the safety of motorists and pedestrians. This document describes the conditions under which an APD vehicle may be operated as an emergency vehicle. 400.2 EMERGENCY RESPONSE AND VEHICLE OPERATIONS (a) Officers responding to an emergency call shall do so without delay. Responding with emergency lights and/or siren does not relieve the operator of an (b) authorized emergency vehicle of the duty to act as a reasonably prudent emergency vehicle operator in like circumstances (Tex. Transp. Code § 546.005). (c) Officers shall exercise sound judgment and care with due regard for life and property when responding to an emergency call. Officers shall reduce speed at all street intersections to such a degree that they shall have complete control of the vehicle (Tex. Transp. Code § 546.001). (d) If the emergency equipment on the vehicle should fail to operate at anytime during the response, the officer shall notify Communications of the equipment failure so that another unit may be assigned to the emergency response. The officer may still respond to the call without the use of emergency equipment. Operation of emergency vehicles is classified in 3 levels: (e) Code 3 (Emergency Operation). 1. Code 2 (Limited Emergency Operation). 2. 3. Code 1 (Routine Operation). 400.2.1 CODE 3 (EMERGENCY OPERATION) Code 3 is used to describe the operation of a vehicle while the emergency lights and siren are activated. When operating Code 3, officers may: (a) 1. Exceed the speed limit but must regulate their speed so as not to endanger life or property. 2. Proceed with caution through traffic signals and stop signs after slowing and, if necessary, stopping to ensure the intersection is safe/clear. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Officer Response to Calls - 268 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

269 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Officer Response to Calls Disregard laws governing direction of movement and turning when it can be done 3. safely. (b) Unmarked vehicles equipped with a siren and emergency lights may be operated Code 3 in compliance with this policy. Officers should only respond Code 3 when so dispatched or when circumstances reasonably (c) indicate an emergency response is required. Unless otherwise required by Department policy (e.g., pursuits), the decision to 1. operate Code 3 in authorized situations is at the discretion of the officer If, in the officer's judgment, roadway conditions or traffic congestion causes an 2. unreasonable risk to operate Code 3, the officer may elect to respond to the call without the use of lights and siren at the legal speed limit. In such an event, the officer should immediately notify Communications. 3. Officers shall discontinue Code 3 operation when directed to do so by a supervisor. Emergency Operation Exemptions. This section does not relieve an officer from the duty (d) to operate an authorized emergency vehicle with appropriate regard for the safety of all persons or the consequences of reckless disregard for the safety of others. 1. Officers may operate an authorized emergency vehicle for a law enforcement purpose without using the audible or visual signals if the officer is responding to an emergency call or pursuing a suspected violator of the law with probable cause to believe that: (a) Knowledge of the presence of the officer will cause the suspect to: Destroy or lose evidence of a suspected felony; 1. 2. End a suspected continuing felony before the officer has obtained sufficient evidence to establish grounds for arrest; or 3. Evade apprehension or identification of the suspect or the suspect's vehicle; or Because of traffic conditions on a multi-lane roadway, vehicles moving 4. in response to the audible or visual signals may increase the potential for a crash. In operating an authorized emergency vehicle, the officer may: 2. Park or stand; (a) Proceed past a red or stop signal or stop sign, after stopping or slowing as (b) necessary for safe operation; (c) Exceed a maximum speed limit, as long as the officer does not endanger life or property; Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Officer Response to Calls - 269 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

270 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Officer Response to Calls (d) Disregard a regulation governing the direction of movement or turning in specified direction. Officers will adhere to Policy 214.3.4 PURSUIT DRIVING CONSIDERATIONS AND RESTRICTIONS. This section applies when an officer is: 3. (a) Responding to an emergency call; (b) Pursuing an actual or suspected violator of the law; (c) Directing or diverting traffic for public safety purposes; or Conducting a police escort as defined by 546.003 Transportation Code. (d) 400.2.2 CODE 2 (LIMITED EMERGENCY OPERATION) Code 2 is used to describe the operation of a vehicle while the emergency lights are activated, but without use of the siren. (a) When operating Code 2, officers shall obey all traffic laws and regulations. Officers may temporarily operate Code 3 in order to pass through traffic control devices or (b) heavy traffic congestion when normally authorized to operate Code 2, as necessary. Officers will revert back to operating Code 2 when Code 3 is no longer needed. Officers may be allowed to drive Code 2 as a patrol technique with the approval of a (c) lieutenant or higher. 400.2.3 CODE 1 (ROUTINE OPERATION) Code 1 is used to describe the normal operation of a vehicle without the use of emergency lights or siren. 400.3 CALLS FOR SERVICE (a) Calls for service are classified by Communications into the following categories: 1. Hot Shot (Priority 0). Urgent (Priority 1). 2. Priority 2. 3. Priority 3 4. 5. Information Calls. Once a call for service has been dispatched, it may only be downgraded by a supervisor (b) or Communications. (c) Each type of call for service permits a specific type of Code response as outlined below. (d) Once a Code 4 has been broadcast by a unit at the scene, all units still responding shall immediately terminate their response and go in-service. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Officer Response to Calls - 270 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

271 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Officer Response to Calls 400.3.1 HOT SHOT CALLS (a) Hot shot calls are incidents: 1. Involving physical harm or injury to a person or property; and That is in progress and/or all involved parties are still on scene. 2. (b) Officers responding to Hot Shot calls should operate Code 3. 400.3.2 URGENT CALLS (a) Urgent calls are incidents: Involving physical harm or a perceived threat to any person or property; and 1. That just occurred and/or suspects may still be in the area; and 2. Where a quick response might aide in apprehension. 3. (b) Officers responding to Urgent calls may operate Code 2. 400.3.3 PRIORITY 2 CALLS (a) Priority 2 calls are incidents: That pose either a minimal or no immediate threat; and 1. 2. That are in progress or just occurred; and 3. Warrant a rapid police response. Officers responding to Priority 2 calls shall operate Code 1. (b) 400.3.4 PRIORITY 3 CALLS Priority 3 calls are incidents: (a) Where protection of life or property is not at risk; and 1. An immediate police response will not likely prevent further injury, loss of property, 2. or adversely impact an investigation. Officers responding to Priority 3 calls shall operate Code 1. (b) 400.3.5 INFORMATION CALLS Information calls are incidents requiring information to be documented and/or disseminated to law enforcement personnel but do not require a police response. 400.4 ASSIGNMENT OF CALLS (a) Hot Shot and Urgent Calls 1. Hot Shot and Urgent calls require a two-officer response and are generally dispatched by Communications to the two closest available patrol officers. Officer Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Officer Response to Calls - 271 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

272 Policy 7/20/2017 Issued 2017-1.5 Manual APD Austin Police Department Policy Manual Officer Response to Calls safety and call priority shall be the primary considerations when dispatching officers. Additional officers may self assign using the MDC, as necessary. (b) Priority 2 and Priority 3 Calls 1. Officers may be dispatched by Communications or self assign using the MDC to any Priority 2 and Priority 3 calls. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 272 Officer Response to Calls - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

273 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 401 Preliminary Field Investigations 401.1 PURPOSE AND SCOPE Law enforcement operations consist of many diverse activities which are directed toward the attainment of the Department's objectives. The purpose of this policy is to improve coordinated efforts between Patrol and Investigative Unit personnel concerning investigative procedures. Officers should review Policy 318 (Detentions, Field Interviews and Field Photographs) and Policy 319 (Arrests) for information on handling subjects during field investigations. 401.2 INITIAL RESPONSE AND INVESTIGATION (a) Officers responding to an incident shall ensure that all persons are safe and anyone in need of medical attention receives assistance. (b) The primary officer shall make a preliminary determination if a crime has been committed. 1. If the information indicates that a crime has occurred, follow the guidelines outlined in this policy. If the information indicates that no crime occurred, determine what other action may 2. be necessary and/or what resources may be available to the subject. (c) Generally, officers assigned to calls or discovering incidents requiring a report shall be responsible for the preliminary investigation and required paperwork. 1. Certain incidents (e.g., family violence, sexual assault) require a specific response and investigation as outlined in its respective Policy, Standard Operating Procedure (SOP) or Operations (Ops) Manual. 401.2.1 REQUEST ADDITIONAL RESOURCES Officers shall request the assistance of additional resources as necessary or required. (a) The Special Investigations Unit (SIU) shall be notified anytime an incident involves a commissioned peace officer as a suspect, regardless of that officer's agency or jurisdiction. (b) Personnel from the appropriate Investigative Unit shall be requested during the initial investigation of all: Homicides and suicides. 1. Extortions. 2. 3. Officer-involved shootings. Officer-involved serious injury incidents. 4. 5. Certain crashes as outlined in Policy 346 (Crash Investigation and Reporting). Suspected bombs and explosive devices. 6. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 273 Preliminary Field Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

274 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Preliminary Field Investigations Clandestine laboratories. 7. 8. Exigent mobile phone requests. Personnel from the appropriate Investigative Unit shall be requested when needed in the (c) initial investigation of all: 1. Aggravated sexual assaults. 2. Burglaries and thefts where there are major losses. Robberies of businesses. 3. 4. Robberies of individuals with serious injury. Serious injury assaults. 5. 6. Major narcotics investigations. A Crime Scene Technician shall be requested: (d) 1. At the direction of an Investigative Unit; and For major crime scenes that involve: 2. (a) Evidence collection. (b) Photographing. Latent fingerprinting. (c) (d) Large property loss. (e) Serious injury or death. 401.2.2 NEUTRALITY IN CIVIL ACTIONS (a) When dispatched to the scene of civil disturbances, officers will halt disturbances, prevent breaches of the peace or other violations of law growing out of such incidents, and take any persons breaking the law into custody if necessary. Officers will not advise residents as to whether or not the City will make restitution for (b) personal injury or property damage suffered. All inquiries concerning the City's liability will be referred to the City Attorney's Office. 401.2.3 MEDIA ACCESS Guidelines on handling Media Access at the scene of incidents is outlined in Policy 326 (News and Media Relations). 401.3 ROUTINE COMMAND AT POLICE INCIDENTS Routine command at a police incident is handled as follows: (a) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Preliminary Field Investigations - 274 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

275 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Preliminary Field Investigations Generally the highest ranking officer, or senior officer if of the same rank, should 1. assume command of the scene and operations until relieved by a supervisor, or until the conclusion of the incident; however, the highest ranking officer will assume command whenever the situation appears to be beyond the control of the current officer in charge, when jurisdiction is concurrent over a particular duty, or for disciplinary purposes. 2. Any officer may take command of the scene and operations when the current officer in charge is unable to perform the required duties because of physical or mental inability. Command at major incidents is outlined in Policy 407 (Emergency and Disaster 3. Operations). Assumption of command will be done by the officer identifying himself and informing the (b) current officer in charge of his intent to assume command. 401.3.1 SUPERVISOR ASSUMING COMMAND OF INCIDENTS Supervisors are not normally expected to engage in law enforcement operations except in a command or supervisory capacity. Supervisors may be held accountable for failure to take command if unfavorable developments occur which could have been prevented had he assumed control of the scene. Supervisors will not assume command outside their own organizational segment during the (a) normal completion of their responsibilities unless failure to do so would adversely affect the Department's operational capability. (b) The ranking supervisor shall assume command of the scene and operations at the scene of police incidents involving more than one segment of the Department. In instances of multiple crimes requiring personnel from more than one Investigative Unit, (c) the ranking on-duty supervisor of the most serious offense will assume command (e.g., if a homicide occurs in conjunction with a burglary, Homicide Unit would be in command). 401.4 CRIME SCENE MANAGEMENT (a) Officers arriving at a crime scene are often faced with the immediate need to search for and render aid to victims as well as determine if suspects are present and continue to pose a threat. Searches are limited to "plain view" in the immediate area unless exigent 1. circumstances exist (e.g., additional suspects, injured persons). Once officers are satisfied that no additional suspects are present and/or there are 2. no injured persons to be treated, exigent circumstances will likely no longer exist. 3. Officers should secure the scene and conduct no further search until proper authority for the search is obtained. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Preliminary Field Investigations - 275 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

276 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Preliminary Field Investigations 4. While consent to search should be obtained from authorized individuals where possible, it may be more prudent to obtain a search warrant in the case of serious crimes or major investigations. Crime scene supervision is normally conducted by the senior officer present. They have (b) the authority to direct and oversee the processing of a scene unless relieved by a senior officer present, Investigative Unit personnel with expertise in the particular crime, or by a supervisor. The primary officer or designee has the following responsibilities when a crime scene is (c) present which requires processing: 1. Initiate a Crime Scene Security Log (PD0175) to record the name and time of all persons entering, or assigned to, the crime scene. Upon completion, the form shall be given to the primary Investigative Unit. 2. Setup an initial perimeter around the crime scene with crime scene tape. The scene should be large enough to include potential evidence. Determine if additional inner/outer perimeter(s) need to be setup. These may be 3. used to create a space for media or the public, as a safety measure for officers, or to further protect the crime scene from contamination. 4. Protect items of apparent evidentiary value and ensure the scene is processed accordingly. 401.4.1 CRIME SCENE PROCESSING AND EVIDENCE COLLECTION Employees will ensure that items identified as evidence are not tampered with in any way prior to being photographed and collected. (a) Weapons at crime scenes will only be moved if they pose a threat to persons at the scene. If the scene has been properly secured, a weapon will not generally pose a threat and can be left where it is found. (b) At major crime scenes: 1. Employees will only handle evidence at the direction of a supervisor, the investigator in charge, or a Crime Scene Unit member at the scene. 2. If an employee is requested to handle evidence, employees should be given explicit instructions on handling the evidence; employees will document who instructed them to handle the evidence and the instructions given. (c) At all other crime scenes: 1. If a crime scene technician responds to the scene, the technician will be responsible for processing the scene. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Preliminary Field Investigations - 276 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

277 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Preliminary Field Investigations 2. If a crime scene technician is not available or is not requested, the primary officer or designee will be responsible for: (a) Processing the crime scene as outlined in this policy; and (b) Evidence collection as outlined in Policy 618 (Property and Evidence Guidelines). (d) Scenes involving large property loss, serious injury, or death require a sketch to be completed. (a) The sketch should be clear and understandable to allow for the construction of a diagram at a later time. (b) All diagrams shall be drawn based on measurements taken at the scene. (c) All evidence will be depicted in its relative position on the diagram and described in the legend. (d) Elements of the sketch should include: (a) Dimensions. (b) Relation of the crime scene to other buildings. (c) Geographical features, or roads. (d) Address, floor, or room number, as appropriate. (e) Location of significant features of the scene, including the victim. (f) Date and time of preparation. (g) Names of the persons preparing the sketch. (h) Direction of north, and the location of items of physical evidence recovered. (e) If a scene is not processed at the time of the initial investigation, the primary officer will document the reason(s) in the incident report. 401.4.2 LATENT PRINT PROCESSING The employee responsible for processing a crime scene will be responsible for ensuring latent prints are lifted when prints are necessary (e.g., primary officer, crime scene technician). (a) Latent prints will be obtained at the crime scene; employees will not seize items of physical evidence for printing unless: 1. The item is constructed such that it cannot be printed at the scene (e.g., forgery documents); or 2. The item has evidentiary value beyond latent prints. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Preliminary Field Investigations - 277 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

278 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Preliminary Field Investigations (b) Employees will label all latent print cards with their name, employee number, date, time, offense number, and location the print was lifted. Print cards will be placed into a collection envelope and submitted to an evidence room. (c) Evidence which cannot be fingerprinted by employees at the scene will be recovered and wrapped securely in a paper or plastic bag in a manner which will minimize the possibility of destroying the fingerprints. (d) Employees will not process forgery documents for latent prints at the scene. Forgery documents will be handled as outlined in Policy 618 (Property and Evidence Collection Procedures). 401.5 SECURE AND IDENTIFY WITNESSES Officers should attempt to locate any witnesses to an offense when warranted by the seriousness of the case. Since potential witnesses to an incident may be lost or the integrity of statements compromised with the passage of time, officers should take reasonable steps to promptly coordinate the following tasks with on-scene personnel: Separate witnesses from the public, media and other subjects on-scene as the situation and (a) personnel allow. Obtain necessary identification from witnesses and an account of what they observed. (b) 1. Any potential witness who is unwilling or unable to remain available for a formal interview or who refuses to be identified should not be detained absent reasonable suspicion to detain or probable cause to arrest. When feasible, a recorded statement should be obtained from witnesses present at 2. the time the incident occurred, regardless of whether they actually saw something. (c) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where an investigator may obtain a recorded statement. Such witnesses, if willing, may be transported by Department personnel. 1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a Department vehicle. 2. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. Record witness information and statements in an incident report or supplement. (d) 401.6 SECURING PROPERTY AFTER ENTRY In the event APD personnel must force entry into any residence or business, the following procedures will apply. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 278 Preliminary Field Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

279 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Preliminary Field Investigations 401.6.1 WHEN A RESIDENCE OR BUSINESS CAN BE SECURED AFTER FORCED ENTRY After making a forced entry into a residence or business and there is no further action to be taken, and the residence or business can be secured just as it was prior to the forced entry, the employee may secure the property without notifying an owner, resident, or an agent of the business. When there is no contact made and there is no further action to be taken, the supervisor (a) who approved the forced entry will leave a note with the following information: A brief message stating why the Department made entry. 1. The incident number for the call. 2. 3. The employee's name and employee number. 4. The employee's office or other contact number. 401.6.2 WHEN A RESIDENCE OR BUSINESS CANNOT BE SECURED AFTER FORCED ENTRY After making a forced entry into a residence or business and there is no further action to be taken, employees will ensure the security of the residence or the business by notifying the owner, resident, or an agent of the property. When the owner, resident or a responsible agent for the property can be located and can (a) arrive on site within a reasonable amount of time, the employee will remain at the site until the owner, resident, or the agent has arrived. (b) When the owner, resident or a responsible agent for the property cannot be located or cannot arrive at the site within a reasonable amount of time, The employee will have APD Communications contact the city's on-call service 1. company to meet with the employee at the scene so the site can be secured. 2. The employee will remain at the site until the on-call service company representative has completed all necessary steps to secure the property. 401.7 REPORTING RESPONSIBILITIES (a) When the preliminary investigation is done, officers shall prepare an initial incident report detailing an accurate record of events as outlined in Policy 402 (Incident Reporting and Documentation). The initial incident report will not be uploaded until the IBR Check is run and all errors corrected. (b) When Investigative or Specialized Unit personnel (e.g., crime scene technician, crash investigator) respond to the scene and conduct the preliminary investigation, unit personnel shall be responsible for the completion of the initial report. All other responding officers will be responsible for completing supplemental reports as outlined in Policy 402 (Incident Reporting and Documentation). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 279 Preliminary Field Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

280 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 402 Incident Reporting and Documentation 402.1 PURPOSE AND SCOPE Documentation is a major part of each officer's job. Reports may be used to document information to assist investigators in follow-up investigations. Field release citations, warnings, field observation (FO) cards and electronic street checks are used to document law enforcement actions and/or contacts with the public. Sufficient information should be included in any form of documentation to: Assist in prosecution. (a) Refresh an officer's memory during testimony. (b) (c) Comply with legal requirements and Department policy. 402.1.1 GENERAL GUIDELINES Officers will not write an offense report when they are the victim of a crime. The victim officer will write a supplement. The offense report will be written by an officer who is not a victim. An incident number will be assigned and all required fields completed during documentation anytime an employee observes or receives any information concerning the following, but not limited to: (a) Criminal or suspected criminal offenses, regardless of the victim's level of cooperation. (b) Citizen complaints of non-criminal incidents requiring action by the police. (c) Self-initiated stops (d) When Crime Scene personnel are assigned to an incident that was first initiated or responded to by sworn personnel and no tele-serve report has been made. Crashes involving bicyclists will be will be investigated and reported as defined in Section (e) 346.3 Crash Investigation. Non-crash events involving a bicyclist will be documented in a Versadex report using title code 4311 under the following circumstances: The incident occurred on a public place 1. 2. At least one of the involved subjects sustained bodily injury; and 3. The incident occurred as a result of a potential criminal act, violation of the Transportation Code, violation of a City Ordinance, or the actions of another party. (f) Any other situation where documentation is required by law or another section of departmental policy. If in doubt as to whether an incident should be documented, employees shall confer with a supervisor. For the purpose of this policy, Corporals may function as the designated supervisor. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 280 Incident Reporting and Documentation - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

281 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Incident Reporting and Documentation 402.1.2 BIAS-BASED DOCUMENTATION GUIDELINES Every member of the Department who stops a motor vehicle for an alleged violation of a law or ordinance shall document the information relating to the stop in the appropriate fields. The documentation will include: (a) The initial reason for the stop; (b) The gender of the subject(s); (c) The race and ethnicity of the subject(s) as stated by the subject(s) or if not stated as determined by the officer to the best of their ability; Whether the officer knew the race or ethnicity of the subject(s) before conducting the stop; (d) Whether the subject(s) or vehicle was searched and if so, the reason for the search; (e) Whether any contraband or other evidence was found during the search and if so, a (f) description of the contraband or evidence and; (g) All facts giving rise to the officer's reasonable suspicion or probable cause for the stop. 402.2 INCIDENT REPORTING A well-written report can help make a case just as easily as a poorly written report can ruin a case. Employees have the responsibility to write clear, factual, and complete reports. 402.2.1 NOTE TAKING Good reports can be achieved from accurate notes. Memory alone is not always a reliable method upon which to document detailed information. (a) Brief notations concerning specific events and circumstances recorded while fresh on the mind will be useful when preparing an incident report. (b) Notes used in court are subject to the scrutiny of the court; employees should ensure they are accurate and pertain to the case. Notes should contain the following: (c) Persons involved. WHO - 1. 2. Type of incident(s), an accurate account of what was observed, what WHAT - transpired, and the property/evidence involved. 3. WHEN - Date(s), time/s of the incident. Location(s) of the incident, persons involved during the incident, property WHERE - 4. and evidence involved. What actions taken by persons involved led to the incident(s). 5. WHY - What manner, way, means, reason, purpose, effect, extent, amount, or HOW - 6. degree. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Incident Reporting and Documentation - 281 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

282 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Incident Reporting and Documentation 402.2.2 REPORT WRITING (a) All reports shall accurately reflect: 1. The identity of the persons involved. 2. All pertinent information seen, heard, or assimilated by any other sense. 3. Any action(s) taken. 4. Any property which the employee takes possession of, clearly documenting the: Events that led up to the taking possession of the property i. Purpose for taking the property ii. Identification of the property by name and/or description iii. Location where the property was taken iv. v. Complete identfiers, as available, for anyone who may claim ownership of the property. (b) Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. (c) Generally, the reporting employee's opinions should not be included in reports unless specifically identified as such. (d) Sentences with proper structure should express complete thoughts. When writing the narrative portion of an incident report, personnel should avoid writing: 1. Sentence fragments which do not convey or express a complete thought. 2. Run-on sentences where two or more complete ideas are joined without punctuation. 402.2.3 REPORT COMPLETION Employees will complete and download all reports written during their shift. Prior to downloading reports, employees should: (a) 1. Proofread reports to ensure they are sufficiently detailed for their purpose; and Check initial incident reports for IBR errors and fix them. 2. Unless authorized by a supervisor, reports shall be downloaded as follows: (b) Reports written from incidents that lead to an arrest shall be completed and 1. downloaded prior to the employee going back in service. 2. All other incident reports shall be downloaded by the end of the employee's tour of duty. 402.2.4 REPORT CORRECTIONS, CHANGES AND ALTERATIONS Once a report has been downloaded into the reporting system queue, report corrections, changes and alterations shall be handled as follows: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Incident Reporting and Documentation - 282 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

283 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Incident Reporting and Documentation Minor corrections (e.g., location, business name) shall be accomplished by notifying Central (a) Records. (b) Corrections that need to be done to a narrative shall be accomplished by writing a supplemental report. 402.2.5 SUPERVISOR RESPONSIBILITIES (a) All reports routed to a supervisor's queue shall be reviewed for compliance with Department policy. Reports that are incomplete or inadequate shall be returned for correction. 1. Supervisors will ensure their employees are assigned to the correct queue. If an employee's report goes into the wrong queue, then supervisors will contact 2. Central Records requesting it be re-routed to their assigned queue for review. Supervisors will updated a PPO's queue when they get their SOLO assignment; prior 3. to this they will approve the PPO's report in the Academy Cadet Training Queue (HTRAIN) and ensure any reviewed documentation to include street checks, follow-ups and supplements are removed. (b) Supervisors shall not review reports for which they are involved in; however, supervisors that are not directly involved in an incident (e.g., witness the incident) may conduct the review. When a supervisor is involved in the incident, a supervisor one rank higher than the involved supervisor will conduct the review. (c) Supervisors receiving notification from Central Records or an Investigative Unit of a deficient report shall: 1. Ensure that the responsible employee corrects the report. 2. Take proper steps to ensure that deficiencies do not occur again (e.g., counseling, remedial training, increased monitoring and review). 402.3 FIELD OBSERVATION CARDS AND ELECTRONIC STREET CHECKS (a) An FO card or electronic street check is required when an officer detains an individual for more than simple, preliminary questioning to find out their level of involvement in a particular incident and no other record of the contact (other than CAD) is produced. Examples of this include, but are not limited to: 1. Detaining a suspicious person and no report is written; or Initiating a traffic stop when no field release citation or warning is issued; or 2. Conducting a subject stop and the officer initiates a police action (e.g., detaining, 3. frisking, or searching). NOT required in the following situations: An FO card or electronic street check is (b) 1. When an incident report, field release citation, warning or crash report (including blue form) is completed. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 283 Incident Reporting and Documentation - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

284 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Incident Reporting and Documentation During a non-custodial interview or casual contact where the individual is free to 2. leave and no frisk or search has occurred. 402.3.1 DETENTION GUIDELINES The following examples are intended to guide officers in understanding when a person has been detained. These examples are not meant to describe all possible situations where documentation is required. Was the person free to leave? (a) Would a reasonable person feel they were free to leave? (b) (c) Was force used to prevent the person from leaving? (d) Was the person checked for warrants? (e) Is the person being frisked or asked for a consent search? 402.3.2 MULTIPLE SUBJECTS It is not always necessary for an officer to complete an FO card or electronic street check on every individual in a group of 2 or more persons. If the passenger(s) in a car or the cohort(s) of a subject who has been detained by police (a) is not the primary focus of the officer, it is not necessary to complete more than one FO card or street check. (b) If at any point during the contact an officer goes past the point of asking preliminary questions (e.g., detaining, frisking, searching) to determine a level of involvement for a passenger or cohort, those subjects shall also be documented. 402.4 FIELD RELEASE CITATIONS AND WARNINGS Field release citations and warnings shall be completed as outlined in Policy 308 (Misdemeanor Citations) and Policy 342 (Traffic Enforcement). 402.5 REPORTING THE ACTIVE TARGETING OF A FIREARM AT A PERSON By the nature of their duties, officers may be required by policy and training to point their firearm, including impact munitions, and actively target at a person. This section does not create an additional requirement for officers to initiate an incident report; however, officers that actively target their firearm at a person shall properly document the incident as outlined below. 402.5.1 OFFICER RESPONSIBILITIES Employees shall immediately notify and brief their supervisor. If their supervisor is (a) unavailable, another field supervisor shall be notified 1. When employees the rank of sergeant or above are involved in the incident, another supervisor the rank of the involved employee or higher will be notified. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Incident Reporting and Documentation - 284 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

285 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Incident Reporting and Documentation 2. If the incident involves multiple employees with different supervisors, the lieutenant of the area where the incident occurred, or the Watch Lieutenant, will be notified and assign one supervisor to conduct the review. Employees shall adhere to the following documentation guidelines: (b) 1. FO Card or Electronic Street Check (a) When a report is not otherwise required for the incident, complete an FO card or electronic street check to document that a firearm was actively targeted at a person and the details of the incident. Reports and Supplements 2. Add a study notation to the report to document that a firearm was actively (a) targeted at a person or notify their supervisor the notation needs to be added. (b) Document the details of the incident in the narrative of an incident report or supplement. 402.5.2 SUPERVISOR RESPONSIBILITIES Supervisors shall review the employee's incident report, supplement, FO card or electronic (a) street check when notified of an incident involving an officer actively targeting a firearm at a person. Incomplete or inadequate documentation shall be returned for correction. (b) Supervisors will forward a memorandum up the chain-of-command if a safety, policy, training, equipment, tactical, or other specific issue is identified. Supervisors shall adhere to the following documentation guidelines: (c) 1. FO Card (a) Legibly sign the FO Card with the supervisors name and employee number that reviewed the incident. 2. Electronic Street Check (a) Add a supplement using the electronic street check incident number to document that the employee made a supervisor notification and the incident was reviewed. Reports and Supplements 3. (a) Add a study notation, if not already added, to document that an officer's firearm was actively targeted at a person. (b) Add a case note to the incident report to document that the employee made a supervisor notification and the incident was reviewed. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Incident Reporting and Documentation - 285 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

286 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Incident Reporting and Documentation 402.6 REPORTING GANG AFFILIATION Certain offenses may be enhanced when committed by subjects who are documented gang members. Only employees assigned to the Gang Suppression Unit may designate a subject as affiliated with a gang in the report writing system. Employees who interact with a subject that may be affiliated with a gang should initiate an incident report titled "Gang Information" and include specific details that give rise to the belief the subject is affiliated with a gang. This includes, but is not limited to, subjects who: (a) Wear known, gang-related clothing (i.e., specific colors, designs). (b) Have known, gang-related tattoos. Associate with documented gang members. (c) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 286 Incident Reporting and Documentation - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

287 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 403 Follow-Up Investigations 403.1 PURPOSE AND SCOPE Criminal investigations are a complex, multi-step process that require employees to be aware of, operate within and comply with federal, state, and local regulations so as not to prejudice the case or jeopardize the prosecution of the defendant. It is the policy of the Department to comply with the highest standards of legal and professional conduct when performing a criminal investigation. This policy provides guidelines to ensure that criminal investigations are conducted under legal authorization using extraordinary safeguards to protect innocent persons from unauthorized invasions of privacy. 403.2 FOLLOW-UP INVESTIGATIONS Follow-up investigations may include, but are not limited to: (a) Reviewing and analyzing preliminary reports. (b) Reviewing Department records and databases. (c) Seeking additional information from complainants, witnesses, neighbors, informants, officers and Department employees. (d) The incident may require contact with the victim(s) and witness(es) by the assigned personnel to obtain information not uncovered during the preliminary investigation. (e) Upon request and without jeopardizing case security, the assigned personnel or designee shall advise the victim(s) of the status of the case. (f) Conducting interviews and interrogations. Arranging for the dissemination of information, as appropriate. (g) Soliciting assistance and/or information from other Units within the Department and/or outside law enforcement agencies. (h) Planning, organizing and conducting searches. (i) Collecting physical evidence. (j) Identifying and apprehending suspects. (k) Follow-up on emergency mobile phone request court orders and related paperwork within 48 hours of first request. (l) Checking suspects' criminal histories. (m) Determining the involvement of suspects in other crimes. (n) Reviewing the results of laboratory examinations. (o) Preparing cases for court presentation. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 287 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

288 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations (p) Assisting in the prosecution. (q) Documenting entry, modification, validation or cancelation of TCIC/NCIC records. 403.3 CASE ASSIGNMENT AND RESPONSIBILITY Generally, follow-up investigations shall be the responsibility of the Investigative Unit assigned to the case. Report routing to an Investigative Unit is an automated process that is controlled by the title code(s) used. Unit ownership of a title code is programmed into the current reporting system and updated as needed. (a) With supervisor approval, first responders should conduct limited follow-up investigations when there is a reasonable chance of apprehending the suspect, a need for obtaining additional information for the preliminary investigation report, or when there are other compelling circumstances. (b) Once a report is routed to an Investigative Unit, the supervisor or designee of that Unit will assign each case to appropriate employee. The assigned employee will be responsible and accountable for any additional investigation. When assigning cases, a supervisor or designee should: 1. Take into account the level of expertise, specialized skill, knowledge and abilities of the employee. 2. Provide direction and guidance to employees by periodically reviewing their supplements and affidavits. 3. Record and maintain the following information to ensure a timely and complete investigation: (a) Incident number. (b) Personnel assigned. (c) Date assigned. (d) Clearance type. (e) Date cleared. (c) When assigned to a case for follow-up investigation, investigators shall proceed with due diligence in evaluating and preparing the case for appropriate clearance or presentation to court personnel for the filing of criminal charges. (d) Employees will not participate in an unassigned investigation, regardless of the source, which is unusual, protracted, or not in the normal course of their duties without the express, written approval of their chain-of-command. (e) Investigators are responsible for the NIBRS data accuracy of their cases within the Versadex Records Management System. Every change made within any case requires an IBR Check Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 288 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

289 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations to be run insuring that no errors have been created. If NIBRS errors are found when the case is processed at the end of the month the lead investigator will be contacted to correct the errors. 403.3.1 CASE FILES/JACKETS Active cases shall be maintained by the assigned personnel. Case files/jackets shall be: (a) Kept from public view while the person assigned is working on the case. 1. Locked up at the end of the assigned personnel's tour of duty. 2. All original case files/jackets on investigations shall be maintained and secured by the (b) appropriate Investigative Unit. Case files shall be maintained and purged in accordance with established record retention (c) schedules for law enforcement and Department policy regarding records. 403.3.2 FELONY CASE MANAGEMENT All felonies direct filed by an arresting officer require follow-up investigation by the appropriate Investigative Unit. The assigned investigator shall be responsible for completing any further investigative steps necessary. (a) Assigned investigators shall prepare a case jacket for the prosecutor's office with copies of all paper documents. 1. Photographic evidence will be made available through the Department's Digital Crime Scene Management System Web Client. 2. The presence of audio/video media evidence will be documented in the report but does not need to be copied unless requested by a prosecutorial agency. The case jacket will be forwarded to the prosecutor's office within two (2) weeks of the date (b) the individual is booked into jail and an investigator assigned the case. DA Control Sheet 1. [PD0050 - PD0055] specific to the type The case jacket will contain of crime being investigated to document the evidence contained in the jacket and to make notation about any evidence that is pending (e.g., DNA and Print comparison results). 2. Assigned investigators shall notify their supervisor if the case is not completed within the two-week guideline. Supervisors will monitor the progress of the case to ensure it is forwarded to the prosecuting agency in a timely manner. 403.3.3 TITLE CODE RECLASSIFICATION Employees shall not delete or change a title code from a Part I UCR crime to a Part II UCR crime on any incident report, once the report comes out of report review, without the signed approval of the appropriate unit supervisor. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 289 Follow-Up Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

290 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations This policy is only intended to prevent serious Part I UCR crimes from being dropped to (a) a less serious Part II UCR crime without proper review after a report comes out of report review. This policy does not prevent title code(s) being changed: (b) From one Part I UCR crime to a different Part I UCR crime; or 1. 2. From a Part II UCR crime to a Part I UCR crime; or 3. To any UCR classification, prior to the report coming out of report review (i.e. a dispatcher may, upon request, correct/update the title code on a dispatched call if an officer discovers the incident is different from the original call). Nothing in this policy prevents adding title codes to a report at any time if the investigation (c) supports the need for additional title codes. (d) Employees who discovers a Part I UCR crime that needs to be reclassified as a Part II UCR crime shall use the following procedure to request a title code change: 1. Employees wanting to reclassify a title code shall do so by submitting the request by email to the supervisor over the unit that has ownership of the title code. Employees who originate a reclassification request shall document the (a) reason(s) for the title code change in a supplement of the incident report and include a reference to the title code change in the 'notes' section. 2. Upon receiving notice of the title code change request, the unit supervisor will review the request and electronically document their agreement or disagreement with the request in the "notes" section. Title code change requests approved by the unit supervisor must be forwarded to the Central Records Manager for review The Central Records Manager (CRM) will review all approved title code 3. reclassification requests and make a ruling on whether the requested change is appropriate. The determination shall be based on UCR reporting guidelines for the incident reported rather than what state charge could or will be filed. (a) If the Central Records Manager agrees with the decision of the unit supervisor, the CRM will make the title code change in Versadex. If the Central Records Manager does not agree with the decision of the unit (b) supervisor, the issue may be brought to the commander/manager of the unit. The commander/manager shall indicate "Approved" or "Denied" in the "notes" section. The CRM will then make the change in accordance with the commander/manager of the unit's decision. 403.4 STATEMENTS AND CONFESSIONS The purpose or objective of a statement or confession is to take lawful and accurate statements that corroborate the elements and details of an incident. In doing so, investigators and supervisors Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 290 Follow-Up Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

291 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations will be cognizant of such factors as the mental and intellectual abilities of the subject being interviewed and the duration of the interview itself. Written and oral statements or confessions should not be utilized as the sole basis for the filing of charges; any statement or confession should be corroborated by other legally obtained evidence or verified in an appropriate manner. Whenever possible, employees shall record all interviews and interrogations by audio and/ (a) or video. (b) Separate statements and confessions should be taken when more than one crime has been committed. Statements and confessions should be taken in the suspects own words and typed by the (c) person taking the statement or confession. Written or recorded copies of statements or confessions will not be given to the person from (d) whom the statement or confession was obtained. 403.4.1 MIRANDA WARNING AND ADMISSIBILITY No statement or confession made by an adult as a result of custodial interrogation is admissible as evidence unless the person has first been administered the Miranda warning and knowingly, intelligently and voluntarily waives those rights. (a) To evidence that the Miranda Warning was read to the person, employees will record the following by audio/video: 1. Reading of the Miranda card to the person in its entirety; and 2. Writing the name of the employee reading the rights to the person, the date and time, and the incident number on the face of the warning card; and Requesting the person to initial each right and sign the card indicating that he 3. understands the warning and freely waives his rights; and 4. The Miranda card will become part of the original case jacket. (b) Once the person requests to speak with an attorney or indicates a desire for legal representation, the interrogation will be discontinued at that point. 1. Should the person request to continue the interrogation after requesting legal representation, the Miranda rights will be administered again. Guidelines on admissibility of statements and confessions of a person accused of an offense (c) as evidence is outlined in Tex. Code of Crim. Pro. art. 38.22. 403.4.2 PROCEDURES FOR LIMITED ENGLISH AND DEAF SUBJECTS (a) If the person does not speak English, or speaks limited English: The Miranda warning will be read in the person's primary language. 1. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 291 Follow-Up Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

292 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations The statement or confession will be written or typed, whenever possible, in the 2. primary language that the person understands. (a) If the statement or confession is not typed in the person's primary language, it will be translated aloud for them in the person's primary language prior to obtaining their signature. This will be done in the presence of two civilian witnesses. The statement or confession will be witnessed by at least one person who speaks 3. the same language as the person. If the person is deaf, a certified interpreter from the current service contractor will assist (b) in translating during the interrogation. Sign language statements and confessions must be recorded by video. 403.4.3 JUVENILE STATEMENTS AND CONFESSIONS (a) Oral confessions made in non-custodial interviews of juveniles are admissible if the statement is given voluntarily and not as a result of coercion, threats, promises, or an extensive interview with the oral admission being the primary objective. To ensure the non-custodial statement is given voluntarily, personnel shall release 1. the juvenile to a parent or guardian after taking the statement and then obtain a warrant to take the juvenile into custody. (b) Statements and confessions given in custodial interrogations of juveniles require additional steps to ensure the statement or confession is given voluntarily. Personnel shall comply with State Law and Policy 317 (Handling Juveniles) when interviewing or interrogating a juvenile. 403.4.4 DOCUMENTING STATEMENTS AND CONFESSIONS All attempts to obtain an incriminating statement/confession, whether successful or not, shall be documented fully by supplement(s) to the incident report. This shall include: (a) Date, time and location of the attempt; and (b) Identity of the person being interrogated/interviewed; and (c) The identity and role of all persons involved in the attempt to obtain the statement/ confession; and Any unusual circumstances or occurrences surrounding the attempt or taking of a statement/ (d) confession; and A brief synopsis of any statement/confession obtained from the person. (e) 403.5 EYEWITNESS IDENTIFICATION PROCEDURES The investigation of criminal incidents includes many diverse aspects. Eyewitness identification is only one element of a successful criminal investigation. The purpose of this policy is to outline the proper protocol for eyewitness identification procedures thus maximizing the reliability Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 292 Follow-Up Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

293 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations of identifications, exonerate innocent persons, and establishing evidence that is reliable and conforms to established legal procedure. 403.5.1 DEFINITIONS Confidence Statement - A statement in the witness' own words, articulating their level of confidence in the identification. The officer documenting the confidence statement should record verbatim the words used by the witness to describe their level of certainty as to the identification of the suspect. - An identification procedure in which a single subject is shown to an Field Identifications eyewitness and asked to identify or reject the subject as an actual perpetrator. - Non-suspect photographs or persons. Fillers Independent Administrator/Double Blind Testing Procedure - An officer administrating a line- up who did not compose the line-up and has no knowledge of the actual suspect or the location of the suspect within the lineup. This method is employed when a blind procedure is not possible. It is Folder Shuffle Method - a method of administering a photographic line-up such that the officer cannot see or track which photograph is being presented to the witness until after the procedure is completed. Illiterate Person - An individual who speaks and understands English but cannot read or write in English. Interpreter - An interpreter is a person who is fluent in English and the language of the witness and who facilitates communication between two parties in two different languages. The term includes persons who facilitate communications with persons who are deaf, hearing impaired, or speaking impaired. A written document that is read out loud to the Lineup or Field Identification Instructions - witness describing the procedures of the identification process. The witness then signs the form. Live Line-up - An identification procedure in which a group of persons are displayed to a witness (es) in a controlled environment in an effort to identify or reject the individual as the actual perpetrator. An individual who is unable to communicate Person with Limited English Proficiency - effectively in English with a level of fluency that is typical of native English speakers. Such a person may have difficulty speaking, reading, or writing in English and includes persons who can comprehend English, but are physically unable to talk or write. Sequential Line-up - An identification procedure in which line-up photos are displayed one by one (sequentially). Only sequential lineups are authorized for investigative use. with an exception for certain Child Abuse investigations that may sometimes require a simultaneous line-up. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 293 Follow-Up Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

294 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations - An identification procedure in which a group of photographs are Simultaneous Line-up displayed simultaneously and presented to one witness. This procedure will only be utilized in child abuse investigations and require the approval of a Child Abuse Unit Supervisor. 403.5.2 SIMULTANEOUS LINE-UPS Simultaneous line-ups require the approval of a Child Abuse Unit Supervisor. The incident report will document which supervisor provided the approval. The administration of a simultaneous line- up will adhere to the Child Abuse Unit Standard Operating Procedures. 403.5.3 SEQUENTIAL LINE-UPS An independent administrator will be used for all sequential line-ups unless an extraordinary circumstance(s) necessitates using the same officer to both compile and administer the line-up. If this occurs, the extraordinary circumstance(s) shall be documented in the incident report. No other person should be present during the lineup presentation who knows the suspect's identity. Independent administrators should avoid actions or statement that could contaminate (a) witness perception or judgment. Be aware that witnesses may perceive such things as unintentional voice inflection or prolonged eye contact, in addition to off-hand words or phrases, as messages regarding their selection. Avoid casual conversation comments such as "very good." (b) Photographic or live line-ups will only be conducted when a specific suspect is developed during an investigation, or when a suspect has been narrowed down to a specific group of individuals. Random suspect line-ups are not permitted. (c) The Photographic or Live line-up Instructions Form (PD0163) will be used during the administration of all such line-ups. These forms include a confidence statement which will be completed on each administered line-up. If there are multiple witnesses: (d) 1. Each witness shall be given an instruction form regarding the identification procedures without other witnesses present. 2. The officer will read the instructions aloud to each witness. 3. Each witness shall view the line-up separately. 4. The suspect will be placed in a different position of the line-up for each witness. Witnesses shall not be allowed to confer with one another until all identification 5. presentations have been completed and statements taken. If the witness declines to sign the instruction form for some reason, then the officer 6. will document that the witness was appropriately instructed. (e) The suspect's photo will be grouped with at least five other subject photos (fillers). The showing of a single photograph for identification purposes is prohibited, unless the subject is positively known by the victim and the photograph is shown only to confirm the identity. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 294 Follow-Up Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

295 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations Photos shall be of similar characteristics (i.e., hair color, length, facial hair, age, 1. weight and general appearance). 2. Avoid using fillers that so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers. Do not mix color and black and white photographs. All color or all black and white 3. photos shall be used. Photo copies are not permitted. Cover any portions of mug shots or other photographs that provide identifying 4. information about the subject. If there is more than one suspect, include only one suspect in each line-up. 5. 6. Always place a filler in the first position of a - sequential lineup (if not using the folder shuffle method). (f) If the witness identifies a person as the perpetrator, the witness shall not be provided any information concerning such person before the officer obtains the witness' confidence statement about the selection. When showing a new suspect, avoid reusing the same fillers in line-ups shown to the same (g) witness. Identification procedures will be videotaped whenever possible. If this is not practical, an (h) audio tape of the procedure will be done. If neither is possible, document why recording is not available. (i) Document all persons present during the administration of the line-up. The line-ups should consist of at least six (6) photos - the suspect photo and a minimum of (j) five filler photos - separated into individual envelopes. Place a filler in the lead position and the remaining five photographs in random order. (k) Place two empty folders at the end. (l) (m) Witnesses should not be told how many photos will be shown. (n) Witnesses will not be allowed to view photographs side-by-side during a sequential lineup. Witnesses will be shown all photographs, even if an identification is made on an earlier (o) photograph. Showing all photographs greater ensures the objectivity and reliability of the identification. The witness should not view the photographs in the line-up more than two times. If a second (p) presentation is conducted, then the lineup will be presented again in the same order as the original presentation. (q) The officer will document in the offense report the order in which the photographs were presented. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 295 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

296 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations If the same suspect needs to be shown to a different witness, then the officer will remix (r) the lineup. 403.5.4 FOLDER SHUFFLE METHOD There may be unavoidable situations where an independent administration is not possible. If this occurs, then the officer will attempt the folder shuffle method of presenting the lineup and attempt a blind administration. If emergency circumstances preclude an independent administrator or folder shuffle method, then the officer will document the circumstances in the offense report. The folder shuffle method is done using only sequential lineups. (a) The officer will place the suspect photograph and a minimum of five filler photographs in separate envelopes. (b) The officer will shuffle the envelopes until the officer does not know which envelope contains the suspect's photograph. (c) Place two empty folders at the end. The officer will provide the witness one envelope at a time without looking at the photograph (d) first. (e) Each time the witness has viewed a photograph, the witness will return the folder to the officer and indicate whether or not it is the suspect's photograph. (f) The officer will maintain the envelopes in the original order so that it can later be documented in the offense report. (g) The witness should not view the photographs in the lineup more than two times and will not compare photographs side-by-side. As with all lineup presentations, the administration of the folder shuffle method will be (h) videotaped if at all possible. If videotaping is not practical, then audio recording will be done. If the circumstances do not allow either form of documentation, then the officer will document these reasons in the offense report. 403.5.5 LIVE LINE-UPS An independent administrator will be the administrator for live line-ups. Only sequential live line- ups are authorized for investigative use. (a) The investigating officer will arrange for an Assistant District Attorney to be present to assist in coordinating the live line-up. The suspect's attorney will be notified of the date and time for the line-up. (b) If the suspect is unable to retain an attorney, the court must appoint an attorney. (c) (d) The suspect's attorney and assistant district attorney will view the persons in the line-up prior to the start of the line-up. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 296 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

297 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations Victim(s) and witness(es) will be notified of the date and time of the line-up and where they (e) are to wait prior to the viewing. They should remain separated prior to the viewing. (f) The necessary personnel must also be notified of the date and time in order to document by photograph and videotape the appearance of all persons used in the line-up. The viewing of the lineup by the witness(es) will be videotaped to best document what took place. (g) All physical line-ups can be coordinated with the supervisor of the Booking facility, if using TCSO prisoners as fillers. The booking supervisor can assist in: 1. Obtaining clothing, such as jail fatigues; and Arranging for transfer of prisoners for use in the line-up; and 2. 3. Having release forms signed by all prisoners used in the line-up. A minimum of six (6) people - the suspect and five fillers - shall be used in each physical (h) line-up. For the line-up to be valid, each person must be: 1. Similar in physical characteristics; and 2. Approximately the same age, height, and weight; and The same race and sex; and 3. 4. Wearing similar clothing; and Wearing no jewelry or other distinguishing items. 5. (i) Two sets of lights for the stage area of the line-up room will be turned on prior to bringing victims and witnesses into the room. (The APD line-up room is located on the 2nd floor of the Main, next to the Municipal Court waiting area). (j) One Investigative Unit member or supervisor shall remain with the victim(s) and witness(es) during the line-up process. Victims and witnesses must not be allowed to discuss the case with each other during or immediately after the line-up process. Prior to viewing the line-up, an officer will individually administer the Live Line-up Admonition (k) to each victim or witness viewing the line-up. (l) The person being viewed will be out of the view of the witness before the next person is brought in. (m) After each person is viewed, the officer will ask the witness if this was the person that he or she saw commit the crime. If the witness answers "yes," then the officer will ask the witness to describe in his or her (n) words how sure the witness is of the identification. (o) Document in the witness's own words how sure he or she is of the identification. (p) Even if the witness makes an identification, show each person one at a time until all persons have been viewed. This greater ensures the objectivity and reliability of the lineup process. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 297 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

298 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations Only upon request of the witness will the witness view the lineup again after the first full (q) viewing. If a second viewing is requested, then all steps involved in the first viewing will be followed. A witness will not view the lineup more than twice. (r) Identification of the suspect by those viewing the line-up will be done individually in writing, (s) rather than spoken while in the company of other witnesses. No talking is allowed during the live line-up. If anyone viewing the line-up wishes to ask (t) a question, request certain words or phrases be spoken or specific actions performed by those standing in the line-up, they should use an index card and submit the comment to the investigator. If a request is made for one person in the line-up to speak a certain word or phrase, then all (u) those in the line-up will be instructed to individually repeat the same word or phrase. (v) Victims and witnesses will be interviewed separately to determine any possible identification of a suspect. (w) Personnel will take a written statement from each witness who identifies the suspect and a confidence statement obtained if an identification is made. Photos and/or video of the physical line-up will be added to the original case jacket. (x) Persons administering the live line-up should avoid any unintentional overt actions that might (y) influence the decision made by the witness. 403.5.6 SPECIAL PROCEDURES FOR ILLITERATE PERSONS OR PERSONS WHO POSSESS LIMITED ENGLISH PROFICIENCY Officers should be aware during the investigation when encountering a person who does (a) not speak English or possess limited English proficiency that certain accommodations may be necessary to ensure the validity of the lineup process. Officers should carefully consider the ethical and legal ramifications of how to handle case (b) where there is a language barrier. (c) Unless the officer speaks the witness's language fluently, an interpreter should be used for persons who do not speak English. The interpreter shall sign the lineup instruction form documenting that the instructions were provided in the language best understood by the witness. The officer should consider arranging for an interpreter if a person interviewed: (d) 1. Is unable to communicate in English 2. Has a limited understanding of English Is deaf, hearing impaired or speaking impaired 3. 4. Is otherwise physically challenged to communicate in English Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 298 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

299 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations (e) If the person is unable to read, the officer, in the presence of the witness, will give the explanation, read any forms, and obtain verbal acknowledgment of the witness that he or she understands what has been explained and/or read to him or her. 403.5.7 FIELD IDENTIFICATIONS Field identifications shall only be conducted under the following exigent conditions: (a) Prior supervisor's approval; and 1. 2. The suspect is detained within a reasonable time of the offense; and A line-up cannot be promptly arranged; and 3. There is an immediate need to arrest the suspect. 4. What constitutes "within a reasonable time" is dependent on the individual circumstances (b) of the case, but generally the courts have held that a two-hour time lapse is acceptable. (c) A full and detailed description of the suspect shall be provided by the witness before the witness observes the suspect. The witness shall be transported to the location where the suspect is being detained. If at (d) all possible, avoid returning the suspect to the scene of the crime. (e) Measures shall be taken to reduce potentially damaging or prejudicial inferences that may be drawn by the witness, including, but not limited to: 1. Removing the suspect from a squad car. 2. When practical, removing handcuffs from the suspect. Public and officer safety is first priority on decisions regarding removing the suspect's 3. handcuffs. If there are multiple witnesses to the offense: (f) The witness with the most complete information should participate in the field 1. identification. 2. If a positive ID is made by the witness, the other individual(s) who witnessed the crime should be shown a photo line-up by the assigned Investigator. If there are multiple suspects: (g) The suspects shall be separated; and 1. Each suspect shall go through a separate field identification. 2. (h) Avoid requirement of any performance by the suspect during a field identification. (i) Officers should avoid actions or statement that could contaminate witness perception or judgment. Be aware that witnesses may perceive such things as unintentional voice Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 299 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

300 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations inflection or prolonged eye contact, in addition to off-hand words or phrases, as messages regarding their identification. Avoid casual conversation comments such as "very good." (j) The Field Identification Instructions Form will be used during the administration of all such eyewitness identifications made in the field. This form includes a confidence statement. Officers in the field will utilize their in-car Mobile Audio Video (MAV) recording system to (k) record field identifications. 403.6 PHYSICAL EVIDENCE COLLECTION Property seized by personnel for processing or evidence on cases where a Crime Scene Unit is not used will be submitted to the proper agency, Department, Unit, or evidence control in accordance with Department Policy. 403.7 FORENSIC "HITS" OR MATCHES APD has multiple forensics capabilities that can aid in a criminal investigation, including but not limited to: (a) AFIS (Latent Prints). CODIS (DNA). (b) (c) NIBIN (Ballistics). 403.7.1 NOTIFICATION OF FORENSIC "HIT" OR MATCH (a) Forensics shall notify the assigned investigator and Unit supervisor of a forensics "hit" or match. Notifications will be sent simultaneously via email to the investigator assigned in 1. Versadex and the Unit email address. The supervisor or designee shall be responsible for ensuring that the Unit email 2. address is checked on a daily basis. (b) The supervisor shall ensure that the currently assigned investigator is notified of the "hit" or match following one of two methods: 1. If the case is closed or suspended, the supervisor will re-open the case and assign a new follow-up with a specific completion date. Upon completion, the supervisor shall ensure that the investigator documented their follow-up actions in the reporting system. If the case is still open, the supervisor shall ensure that the currently assigned 2. investigator is aware of the "hit" or match. The supervisor shall approve the follow- up before the case is closed. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 300 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

301 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations 403.7.2 FOLLOW-UP OF "HIT" OR MATCH The assigned investigator shall conduct a follow-up on all notifications of a forensics "hit" or match. The specific action(s) taken shall be documented in a supplement to the incident report. Follow- up includes but is not limited to: Notifying the assigned Assistant District Attorney or Assistant County Attorney of a "hit" or (a) match in a case that has already been referred for prosecution, whether the case was direct filed by uniformed patrol or an Investigative Unit. The name of the person notified will be included in the follow-up supplement along with the date the notification was made. (b) Documenting information that identifies if the "hit" or match belongs to the victim or some other person with legitimate access to the item or scene where the evidence was recovered. (c) Notifying the appropriate jurisdiction if the "hit" or match stems from another "Out of City" report. (d) Documenting the link to an identified "hit" or match from evidence recovered from the exterior of a property crime scene and whether filing a criminal charge can occur. Filing the appropriate charges when the new forensic information assists in the identification (e) or linking the offender(s) to the offense being investigated. 403.8 SURVEILLANCE (a) Personnel will not violate the right to privacy, or other constitutional rights, of any individual while conducting a surveillance. (b) Complex or long-term surveillance requires specialized training and equipment. These types of surveillance will be conducted only by those investigative and specialized skills units whose personnel are authorized and trained to conduct such operations. (c) Personnel should be aware that legal authorization may be required for electronic surveillance. 403.9 POLYGRAPH EXAMINATIONS The Polygraph Unit was established to provide a useful investigative tool to support the investigative and administrative mission of the Department. Polygraph examination support is also provided to other federal, state and local law enforcement agencies on an as-needed basis. Polygraph examination used for administrative purposes require the approval of the Chief of Police. 403.9.1 POLYGRAPH GUIDELINES The polygraph examiner is the only person authorized to use the polygraph equipment or administer a polygraph examination. Persons with serious physical or psychological ailments are not suitable for testing. The (a) examiner will have the responsibility of determining the suitability of all persons submitted for polygraph examinations. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 301 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

302 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Follow-Up Investigations The examiner will determine who is authorized to observe a polygraph examination. (b) Polygraph examinations will not be administered to a subject on a particular offense unless (c) requested by the assigned investigator or his supervisor. Anytime a person is under arrest for one offense and is to be tested on another, the investigator of the original offense will be contacted. Polygraph examinations will not be administered unless: (d) a specific offense has been reported and prosecution is intended, or 1. The Chief has directed the polygraph use in an administrative case. 2. (e) The subject will be advised by the investigator that the examination will not cause pain. The investigator should not attempt to discuss the actual procedure of the examination with the subject. This will be done by the examiner before the test is given. 403.9.2 POLYGRAPH APPOINTMENTS (a) Appointments for polygraph examinations must be made by the investigator assigned to the case. 1. An investigator shall not offer a polygraph test for a specific date and time unless an appointment has been made with the polygraph examiner. (b) Appointment cancellation notices will be forwarded to the Polygraph Unit as soon as this information is known. If, for any reason, the investigator and the person to be tested are 15 or more minutes 1. late, another test may be scheduled unless the examiner has been notified. 403.9.3 POLYGRAPH REPORTING PROCEDURES The examiner will verbally advise the assigned investigator of the results of the examination. It will be the assigned investigator's responsibility to write a supplement to the incident report concerning the polygraph examination. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Follow-Up Investigations - 302 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

303 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 405 Fugitive and Search Warrants 405.1 PURPOSE AND SCOPE The purpose of this policy is to establish the guidelines for filing arrest and search warrants. 405.2 ARREST WARRANTS This section outlines the guidelines for employees to follow when obtaining an arrest warrant and the proper internal handling procedures to ensure the warrant is properly entered into Local, TCIC, and/or NCIC. Employees will complete the investigation of an alleged offense before obtaining an arrest (a) warrant. Exigent circumstances that supersede the completion of the investigation will be 1. discussed with the Unit supervisor and with the appropriate County or District Attorney's office of the county where the offense occurred. The City of Austin overlaps into multiple counties. Depending on the county in which the (b) offense occurred, personnel will prepare either a complaint or a probable cause affidavit for presentation to the appropriate Magistrate in the county where the offense occurred. All felony affidavits/complaints will be reviewed by a supervisor prior to presentation 1. to a Magistrate. Affidavits/complaints for any case of a complex nature (as determined by the Unit 2. supervisor) will be presented to an Assistant County/District Attorney from the county where charges are to be filed, if available, for review and advice on the proper wording or text of the affidavit/complaint prior to the Magistrate's review. The affidavit/complaint along with the subject's criminal history, if any, will be 3. presented to the proper Magistrate for signature. Further documentation of facts to be considered when setting bond may be presented with the affidavit/complaint and criminal history. 405.2.1 ARREST WARRANT "PICKUP" SUPPLEMENT Any employee wishing to obtain an arrest warrant for a person will first complete a "PICKUP" supplement in Versadex using the "PICKUP" supplement template. Completely fill out the "PICKUP" supplement to include the following information: (a) 1. Name, date of birth, race, and sex of the wanted person. Any known aliases. 2. 3. Identification numbers (e.g., Texas DL/ID, SSN, DPS SID, FBI, APD). Any other state identifiers (e.g., handgun/firearm permit). 4. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 303 Fugitive and Search Warrants - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

304 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Fugitive and Search Warrants Residence address(es). Clearly notate in this field if a subject is currently in custody 5. at any detention facility and advise the Central Records/Warrant Unit staff when dropping the warrant off. Employer(s). 6. Vehicle(s) information (e.g., license plate number, make, color, style, year model) 7. 8. Any other vehicle identifiers (e.g., collision information, bumper stickers). 9. Charge being filed. Clearly state if the person is violent, has a history of resisting arrest, any history of 10. previous weapons charges or is licensed to carry a firearm. Name and phone number of the District Attorney contacted for NCIC extradition 11. purposes. (b) After the warrant has been signed by a Magistrate, the employee will update the "PICKUP" supplement with the warrant number, bond amount, and issuing Magistrate. 405.2.2 OBTAINING AN ARREST WARRANT (a) Depending on the County in which the offense occurred, employees will prepare the following documentation: 1. Travis County - Prepare a probable cause affidavit, a Travis County warrant, and a Municipal Court cover sheet. 2. Williamson County - Prepare a complaint, probable cause affidavit and a Williamson County warrant. Hays County - Prepare a complaint, probable cause affidavit and a Hays County 3. warrant. (b) Employees will present the typed affidavit/complaint and warrant to a Magistrate for signatures in the County where the offense occurred. A separate affidavit/complaint and warrant are required for each offense or victim. 1. 2. The affidavit/complaint should identify the affiant, the name of the victim and suspect, the type of offense, and the elements that constitute a violation of law. 3. The contents of the affidavit/complaint must indicate that the suspect committed the crime. Employees will not file any charge or complaint alleging any type of law violation in 4. any court within Travis County except for Municipal Court without authorization from their supervisor. 5. In Williamson County, the affidavit, complaint and warrant can be presented to any Justice of the Peace and all County or District Judges currently holding office in Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Fugitive and Search Warrants - 304 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

305 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Fugitive and Search Warrants Williamson County. Warrants, affidavits and complaints signed by a court other than a Justice of the Peace must be presented to a JP office to obtain a Cause #. (c) Magistrate signed warrants and affidavits/complaints will be taken to the appropriate clerks office and a cause number will be obtained for both. Travis County - Municipal Court charges office. 1. 2. Williamson County - Williamson County Justice of Peace Courts have clerk services available. Hays County - Hays County clerks office. 3. (d) Employees will: 1. Make copies of the signed affidavits/complaints to be kept with the original warrant packet and submit the original affidavits/complaints to the appropriate clerk for retention. If in Williamson County, deliver the original warrant to the Williamson County Sheriff's 2. office located at 508 South Rock St. Georgetown, TX. 3. Scan and file the warrant packet as outlined below. 405.2.3 SCANNING REQUIRED ARREST WARRANT DOCUMENTATION Warrant packet items must be scanned in the following order via a Xerox scan/copy station into the G:\Xerox\Warrants folder after the arrest affidavit/complaint is signed by a judge but prior to submitting the hard copies to the Central Records/Warrant Unit. Original signed warrant. (Copy if charges filed in Williamson County) (a) (b) Copy of the affidavit/complaint signed by the magistrate. (c) Emergency Protective Order (EPO) for Family Violence offenses, if applicable. Victim Notification Form for Family Violence offenses, if applicable. (d) Detective Warrant Served Notice form. (e) 405.2.4 SUBMITTING DOCUMENTATION TO CENTRAL RECORDS/WARRANT UNIT Original APD arrest warrant packets will be filed with the Central Records/Warrant Unit (a) immediately after being scanned if the warrant is obtained during the Central Records/ Warrant Unit's normal business hours. If the warrant is obtained after Central Records/Warrant Unit's normal business 1. hours, Teletype will be notified directly by phone of the arrest warrant. If the warrant meets the criteria for immediate entry, the entire arrest warrant packet will be faxed to Teletype at 974-0900. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 305 Fugitive and Search Warrants - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

306 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Fugitive and Search Warrants An exception to this rule will be authorized when the arrest warrant is served 2. immediately upon receipt (e.g., suspect is being interviewed, suspect is under surveillance). The arrest warrant packet will include the following documentation: (b) Original warrant. 1. Copy of the affidavit/complaint signed by the Magistrate. 2. Copy of the suspect's drivers license and/or state ID return. 3. 4. Printout of the "PICKUP" supplement to the incident report. Printout of the subject's QH from CCH (state) and QH from NCIC (national). Do not 5. submit the QR rap sheets. Emergency Protective Order (EPO) for Family Violence offenses, if applicable. 6. 7. Victim Notification Form for Family Violence offenses, if applicable. Any other information pertinent to the wanted subject or investigation. 8. 9. Detective Warrant Served Notice form. (c) Employees may provide a copy of a filed arrest warrant to any officer or Investigative Unit after the warrant packet has been scanned and submitted to the Central Records/Warrant Unit. Warrants will be clearly stamped "COPY." 405.2.5 ARREST WARRANT SERVICE Investigative Unit personnel may serve a filed arrest warrant as outlined in Policy 319 (Arrests). Warrants may also be turned over to the APD Fugitive Apprehension Unit (Travis County) or the appropriate County Sheriff's Office for service. 405.3 SEARCH WARRANTS In order to preserve the integrity of evidence seized in search warrants and for the protection of officers involved, the following procedures are mandated regarding obtaining and executing search warrants. 405.3.1 OBTAINING A SEARCH WARRANT Search warrants will not be obtained by any member of the Department without prior approval of a supervisor in the employee's chain-of-command. All search warrants will be written by an officer in the rank of detective or above. Supervisors shall review and approve search warrants by placing their initials and employee (a) number in the upper right corner on the face of the warrant application before allowing the investigator to take the warrant to a magistrate for issuance. 1. Search Warrants authored by sergeants or above must seek review and approval from a supervisor one rank higher than the author. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Fugitive and Search Warrants - 306 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

307 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Fugitive and Search Warrants A blood search warrant for DWI enforcement is exempt from this policy and shall 2. adhere to Policy 355 (DWI Enforcement) and DWI Enforcement Unit SOP (b) The case agent will place the incident number pertaining to the search warrant in the upper right corner on the face of the warrant as soon as it is obtained. When a search warrant is obtained relative to an offense ordinarily handled by another (c) Investigative Unit, a supervisor of the Investigative Unit normally responsible for that type of offense will be notified prior to service of the warrant. (d) When a search warrant is for computer equipment that is to be examined in the computer forensics lab the case agent should contact theDART Unit or the Child Abuse unit to obtain information on the proper wording of the computer search warrant before taking the search warrant to a magistrate for issuance. Prior to executing the search warrant, the seizing officer . Seizing Computers and Computer Related Evidence should be familiar with the document (e) The appropriate Investigative Unit will normally be the one responsible for follow-up investigation of the case. 405.3.2 EXECUTION OF A SEARCH WARRANT A supervisor will be present and in charge when any search warrant is executed. (a) Narcotic based search warrants will not be executed by any personnel other than those assigned to Organized Crime unless an Organized Crime supervisor has been consulted. The Organized Crime supervisor will determine whether the search warrant would damage any on-going investigation and whether prior approval has been obtained from the appropriate commander, assistant chief, or the Chief of Police. Prior to execution of any search warrant: (b) Search/Arrest Warrant Threat 1. The supervisor in charge will ensure that a (APD Form #11) is completed, and: Assessment Form (a) Review the form for accuracy and sign the completed form in the space provided. (b) Follow the provided line on the form to determine the level of threat to personnel and refer the warrant service to SWAT if required. Contact the on-call SWAT supervisor for consultation for assistance in (c) completing the form or as needed. Ensure the form is added to the case file. (d) Operational Briefing & Threat 2. Personnel assigned to Organized Crime will use the forms as specified in their Operations Procedure Manual. Assessment 3. If the search warrant is for computer equipment, the seizing officers should be familiar . with the document Seizing Computers and Computer Related Evidence Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Fugitive and Search Warrants - 307 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

308 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Fugitive and Search Warrants A meeting will be held with all participating personnel. 4. (a) A sufficient number of officers will be assigned to execute the search warrant safely and to conduct a thorough search. One officer will be assigned as the seizing officer for all evidence seized and (b) is responsible for properly tagging all evidence. One officer will be assigned to draw an accurate diagram of the premises. The (c) diagram will be used to assign officers' positions for the entry to the location. (d) One officer will be assigned the responsibility of seizing personal papers to show an affirmative link between the defendant(s), premises, and evidence. (e) The supervisor or designee shall prepare the inventory and receipt of items seized. The supervisor of the Investigative Unit obtaining the search warrant shall be responsible (c) for notifying the Communications supervisor of the location and approximate time of the warrant service unless it is determined that such notification would compromise the case or jeopardize officer safety. (d) When executing a search warrant: (a) Department-approved raid jackets and body armor will be worn by all plainclothes officers involved in the execution of a search warrant. Department-approved body armor will be worn by all uniformed personnel involved (b) in the execution of a search warrant. (c) Officers will announce their agency and purpose (e.g., "Austin Police search warrant!"). Personnel who have not received dynamic entry training will not participate in the (d) entry portion of the execution of any narcotics search warrant. Copies of the search warrant, the inventory of seized property, and the receipt form should (e) be given to the person in charge of the premises at the time the search warrant is executed. If no one is home, copies should be left at the scene. 405.3.3 SEARCH WARRANT REPORTING PROCEDURES (a) The officer obtaining the search warrant is responsible for writing the original incident report. (b) All other involved officers will write a supplement detailing their participation and actions during the warrant service. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Fugitive and Search Warrants - 308 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

309 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 406 Case Clearance 406.1 PURPOSE AND SCOPE The proper clearance of a case, regardless of whether the crime was solved, is an important part of case management and vital for accurate reporting. This policy outlines how to properly clear a case and the guidelines for dismissing charges. 406.2 CLEARANCE STATUS Reports shall be given one of the following clearance statuses as outlined in this section: (a) Cleared Administratively. (b) Cleared Exceptionally. (c) Cleared by Arrest. (d) Field Release Citation. (e) Suspended (Not Cleared). (f) Suspended (Pending Prosecutorial Review). (g) Unfounded. (h) Warrant Issued (Suspended). (i) Referred to Municipal Court (suspended) 406.2.1 CLEARED ADMINISTRATIVELY This status is used to clear non-criminal reports such as the following: Missing persons that are found or returned home. (Juvenile runaways are Cleared (a) Exceptionally). (b) Found property that is returned to the owner. (c) Request to locate where the subject is found. (d) Accidental injuries when no crime is involved. Suicides where no crime has occurred. (e) (f) Dependent/neglected children when there is no criminal element. 406.2.2 CLEARED EXCEPTIONALLY (a) This status is used to clear incidents that meet all the following criteria: 1. The investigation has established the identity of the offender; and There is sufficient information to support an arrest, charge, and prosecution; and 2. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 309 Case Clearance - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

310 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Case Clearance 3. The exact location of the offender is known so that the offender could be taken into custody; and 4. There is some reason outside law enforcement control that prevents arresting, charging, and prosecuting the offender, such as: (a) The victim will not cooperate with the investigation or does not wish to pursue the case; or (b) A prosecuting attorney has reviewed the case and declines prosecution. This status is also used to clear cases where: (b) The suspect is a juvenile and committed a status offense; or (a) The suspect is under the age of criminal responsibility; or (b) (c) The suspect dies; or Extradition of the suspect is denied. (d) 406.2.3 CLEARED BY ARREST This status should be used if any person involved in the report meets the following criteria, regardless of the disposition of other persons involved or the status of other offenses alleged in the same report. (a) This status is used to clear criminal cases involving adult offenders when a suspect is arrested, charges are filed, and the case is referred to court for prosecution. This status is used to clear criminal cases involving juvenile offenders when: (b) The suspect is physically taken into custody and transported to a juvenile facility or 1. home; or 2. The suspect is processed and the case referred to Juvenile Court, whether or not the suspect was actually taken into custody. 406.2.4 FIELD RELEASE CITATION This status is used in misdemeanor cases where all arrested persons are issued a field release citation instead of a custody arrest. 406.2.5 SUSPENDED (NOT CLEARED) This status is used when approved by the Investigative Unit supervisor and: When the determination is made that any further investment of time would be inefficient or (a) unproductive; or (b) After 30 days from the date of assignment and the case has not progressed to the point that it can be cleared by any other means described in this section. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Case Clearance - 310 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

311 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Case Clearance 406.2.6 SUSPENDED (PENDING PROSECUTORIAL REVIEW) This is a temporary clearance status to indicate that the case is being reviewed by the Grand Jury. (a) Upon a Grand Jury decision, the status will be changed to reflect the correct final disposition: "True bill" will use the status Cleared by Arrest. 1. "No bill" will use the status Cleared Exceptionally. 2. 406.2.7 UNFOUNDED This status is used with the approval of the Investigative Unit supervisor if the investigation shows that no offense occurred or was attempted. If the facts of a case indicate that an offense occurred but not the offense indicated by the (a) title code of the report, the supervisor will change the title code. This status shall not be used when a report includes multiple title codes where at least one (b) of the offenses listed is supported by the facts of the case. 406.2.8 WARRANT ISSUED (SUSPENDED) This is a temporary clearance status to indicate that a warrant is outstanding for the arrest of one or more suspects. When all suspects have been arrested the clearance status shall be changed to Cleared By Arrest. 406.3 DISMISSAL OF COMPLAINTS AND CHARGES Employees are not authorized to recommend alteration or dismissal of charges to the District Attorney, City Attorney or to any other official of the court without proper authorization. Employees will not sign any form or affidavit to obtain a dismissal of a complaint without going through the following procedure: (a) When an employee learns of facts or circumstances to suggest a case they initiated should be dismissed, the employee will discuss the case with his supervisor. If the supervisor and employee both feel the case should be dismissed, they will review the (b) case with the appropriate commander. (c) With approval of the appropriate commander, requests for dismissal of charges will be handled as outlined below. 406.3.1 MUNICIPAL COURT A recommendation to dismiss a case in Municipal Court will be handled as follows: (a) With the approval of the appropriate commander, the employee and supervisor will sign the Request for Dismissal form in municipal court. The employee will take the form to a prosecuting attorney and explain the reasons 1. for recommendation; and (a) If an incident report has been written, a supplement will be prepared by the employee setting out the reasons for recommending dismissal. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Case Clearance - 311 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

312 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Case Clearance If there is no incident report the employee will write a memorandum or letter, (b) as appropriate. 2. A copy of the supplement, memorandum, or letter will be forwarded to the appropriate commander. 406.3.2 COUNTY OR DISTRICT COURT A recommendation to dismiss a case in County or District Court will be handled as follows: With the approval of the appropriate commander, the employee will: (a) 1. Prepare a detailed supplement or appropriate documentation (memorandum or letter) setting out the facts or circumstances that lead them to believe the case should be dismissed. If the employee requesting the dismissal is not part of the Investigative Unit assigned 2. the case, an employee from the assigned Investigative Unit will review the case with the appropriate prosecutor. 3. The final decision to dismiss a case must be made by the prosecuting attorney. 4. No case may be dismissed without the consent of the presiding judge. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Case Clearance - 312 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

313 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 407 Emergency Management 407.1 PURPOSE AND SCOPE The Austin City Council passed resolution 20050929-008 on September 29, 2005 in response to a Homeland Security Presidential Directive (HSPD-5), as well as the State of Texas Office of Homeland Security requiring local governments to adopt the National Incident Management System (NIMS) as a pre-condition to the receipt of federal grants, contracts, and activities related to the management and preparedness for all hazards. This resolution officially adopts NIMS and endorses the Incident Command (ICS) for all City of Austin departments for the management of disasters, acts of terrorism, and other extraordinary emergencies. This policy establishes the framework from which the department directs its strategic planning (preparedness) and tactical response for all hazards and large special events. This policy is applicable to all employees (sworn and non-sworn) and assigns specific responsibilities for all hazards (i.e., man-made or natural disaster or large special events). 407.2 DEFINTIIONS – A modified work schedule broken-down into 12-hour shifts. Day shift Alpha-Bravo Schedule (Alpha) begins at 0600 and ends at 1800 and Night shift (Bravo) begins at 1800 and ends at 0600 the following calendar day. Department Operations Center (DOC) – Department Operations Centers (DOCs) are facilities from which individual departments control their internal resource mobilizations and tactical operations during periods of increased service demands beyond normal capabilities. Activities normally carried out in a DOC should not take place in the EOC. Conversely, interagency coordination and strategic planning should not take place at a DOC. Department level staffing plans should address both tactical level DOC and EOC staffing needs during significant events. Also see Emergency Operations Center (EOC) and Incident Command Post (ICP). - When a circumstance (man-made or natural) has Department-Wide Emergency Response created an emergency situation requiring the use of tactics and resources other than those normally used in a Normal State of Readiness, the Chief of Police, or designee, may order a Department-wide Emergency Response in order to decisively and immediately respond, mitigate, and recover from the emergency situation. Director of Emergency Management (APD) - Lieutenant assigned to manage APD’s Emergency Planning and Response Unit. The Director of Emergency Management is the designated single point of contact (SPOC) for APD for all routine emergency management matters and is responsible for ensuring APD’s emergency management planning and response efforts comply and/or coincide with applicable city ordinances, National Incident Management System, and Incident Command System protocols and best practices. In addition, the Director of Emergency Management is responsible for ensuring that APD’s emergency management planning and response general strategies seamlessly integrate with the City of Austin Homeland Security and Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 313 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

314 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management Emergency Management (HSEM) emergency operations plans, as well as plans, memoranda of understanding/agreement, and interlocal agreements with other partner entities. – The purpose of the Emergency Operations Center is to Emergency Operations Center (EOC) coordinate strategic decision-making, resource allocation, public information, and warning. The operation of the EOC does not eliminate a department’s needs for tactical level coordination of staffing and resources which normally takes place in a DOC. The EOC focuses on inter- agency coordination and strategic decision-making. Agency representatives cannot effectively carry out these functions if they are preoccupied with internal department response planning and coordination which should take place within a DOC. Also see Department Operations Center (DOC) and Incident Command Post (ICP). - Agency representatives at the EOC, usually Emergency Operations Center Representative Assistant Chiefs, who are at least senior managers, commanders, or chiefs capable of committing their department’s resources. Lower ranking representatives sent to the EOC as “liaisons” cannot effectively participate in joint, strategic decision-making and may not have the necessary influence with higher-ranking officials in their own organizations. Emergency Operations Plan (EOP) – An emergency operations plan is a course of action developed to mitigate the damage of potential events that could endanger an organization's ability to function. Such a plan should include measures that provide for the safety of personnel, property and facilities. It should also include provisions to assess the severity of an incident and implement steps to eliminate the problem -- for example, contacting firefighters in case of a fire. Emergency Planning and Response Unit (EP&R) – Managed by the APD Director of Emergency Management, this unit is responsible for ensuring APD’s emergency management planning and response efforts comply and/or coincide with applicable city ordinances, National Incident Management System, and Incident Command System protocols and best practices. In addition, as directed by the Director of Emergency Management, is responsible for ensuring that APD’s emergency management planning and response general strategies seamlessly integrate with the City of Austin Homeland Security and Emergency Management (HSEM) emergency operations plans, as well as plans, memoranda of understanding/agreement, and interlocal agreements with other partner entities. - A planned, non-emergency activity. ICS can be used as the management system for a wide Event range of events (e.g., parades, concerts, and/or special and sporting events). Also see Incident. - A written plan containing general SMART objectives reflecting the Event Action Plan (EAP) overall strategy for managing an event. It may include the identification of operational resources and assignments. It may also include attachments that provide direction and important information for management of the event during one or more operational periods. Also see Incident Action Plan (IAP) and SMART objectives. Finance Section - The Section responsible for all incident costs and financial considerations. This section includes the Time Unit, Procurement Unit, Compensation/Claims Unit, and Cost Unit. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 314 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

315 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management – An acronym used to identify a group of incident management personnel organized FLOP according to function and reporting to the Incident Commander. The General Staff normally consists of the Finance/Administration Section Chief, Logistics Section Chief, Operations Section Chief, and Planning Section Chief. - An occurrence, natural or human-caused, that requires an emergency response to Incident protect life or property (e.g., terrorist threats or attacks, wild land and urban fires, floods, hazardous materials spills, aircraft accidents, earthquakes, hurricanes, tornadoes, public health and medical emergencies, etc.). Also see Event. - A written plan containing general SMART objectives reflecting the Incident Action Plan (IAP) overall strategy for managing an incident. It may include the identification of operational resources and assignments. It may also include attachments that provide direction and important information for management of the incident during one or more operational periods. Also see Event Action Plan (EAP) and SMART objectives. Incident Command Post (ICP) - The location of the tactical-level, on-scene incident command and management organization for field response teams. The ICP typically comprises the Incident Commander and immediate staff and may include other designated incident management officials. Typically, the ICP is located at or in the immediate vicinity of the incident site and is where direct, on-scene control of field response units takes place. Incident planning and communications are also conducted at the ICP. Incident Command System (ICS) - A standardized emergency management construct specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during incidents. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. Incident Commander (IC) - The individual responsible for all incident activities, including the development of strategies and tactics and the ordering and release of resources. The IC has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site. APD IC’s generally operate from the DOC and delegate responsibilities at the incident site. Also see Incident Command Post (ICP). - Acronym used to prioritize SMART objectives. LIPS (a) Life Safety- Objectives that deal with immediate threats to the safety of the public and responders are the first priority. (b) Incident Stabilization- Objectives that contain the incident to keep it from expanding and objectives that control the incident to eliminate or mitigate the cause are the second priority. (c) Property/Environmental Conservation- Objectives that deal with issues of protecting public and private property and the environment are the third priority. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 315 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

316 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management Societal Restoration- Objectives that identify strategies to return public and private sector (d) functions to normal levels and are the fourth priority. Logistics Section - The Incident Command System Section responsible for providing facilities, services, and material support for the incident. - A system mandated by HSPD-5 that provides National Incident Management System (NIMS) a consistent nationwide approach for Federal, State, local, and tribal governments; the private sector; and nongovernmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. - This phase constitutes a continuous and constant state of readiness. Normal State of Readiness The APD proactively ensures this state of readiness by constantly training, maintaining equipment, conducting ongoing equipment inspections, and gathering information in order to formulate an effective response plan. - An operational period is the period of time scheduled for executing a given Operational Period set of operational actions as specified in the EAP or IAP. The length of the operational period is to be determined by the APD DOC. When operations are focused primarily on recovery programs, operational periods are typically a week or longer. Operations Section - The Incident Command System Section responsible for all tactical incident operations and implementation of the EAP or IAP. Planning Section - The Incident Command System Section responsible for the collection, evaluation, and dissemination of operational information related to the incident, and for the preparation and documentation of the EAP or IAP. This Section also maintains information on the current and forecasted situation and on the status of resources assigned to the incident. - Objectives reflecting the overall strategy for managing an event or SMART Objectives incident. SMART stands for: Specific – Is the wording precise and unambiguous? (a) Measurable – How will achievements be measured? (b) Action-oriented – Is an action verb used to describe expected accomplishments? (c) (d) Realistic – Is the outcome achievable with given available resources? Time-sensitive – What is the timeframe? (e) Situational Awareness - The perception of environmental elements with respect to time or space, the comprehension of their meaning, and the projection of their status after some variable has changed, such as time, or some other variable, such as a predetermined event. It is also a field of study concerned with perception of the environment critical to decision-makers in complex situations. - When the department has received or developed reliable intelligence that there Tactical Alert is a relatively high probability that a circumstance (man-made or natural) may escalate into an emergency situation requiring the use of tactics and resources other than those normally used Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 316 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

317 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management in a Normal State of Readiness, the Chief or Police, or designee, may place the department on Tactical Alert in order to prepare for a decisive and immediate department-wide tactical response, if needed. 407.3 OPERATIONAL CONDITIONS (OPCON) The department operates in three general states. Each state automatically triggers certain duties and responsibilities for all department personnel (sworn and non-sworn). These states are: Normal State of Readiness In accordance with the Department’s mission, and in order to effectively serve the citizens of the City of Austin, all personnel carry out their duties in a perpetual state of readiness. The Department proactively ensures this state of readiness by constantly training, maintaining equipment, conducting ongoing equipment inspections, gathering information, and distributing intelligence in order to formulate an effective response to all hazards. In this normal state of readiness all department personnel are required to maintain a constant state of situational awareness by doing certain daily activities to include, but not limited to the following: (a) Sworn and non-sworn supervisors must be aware of the potential need to send their resources and personnel to other units or other assignments (e.g., DOC, EOC, Command Posts, etc.) with little to no notice. Sworn and non-sworn supervisors will review Emergency Operations Plans (EOPs) with (b) their employees published by the Emergency Planning and Response Unit (EP&R). Tactical Alert When the department has received or developed reliable intelligence that there is a relatively high probability that a circumstance (man-made or natural) may escalate into an emergency situation requiring the use of tactics and resources other than those normally used in a Normal State of Readiness, the Chief of Police, or designee, may place the department on Tactical Alert in order to prepare for a decisive and immediate department-wide tactical response, if needed. In the event the Chief of Police places the department on Tactical Alert, the Chief’s designee will notify the department via an “APD All” page and email. This page and email title will include the reason for the tactical alert (e.g., Tactical Alert-Severe Weather, Tactical Alert-Flooding, Tactical Alert-Civil Disturbance, Tactical Alert-Terror Threat, etc.), as well as, any additional directions. In addition to any special instructions received via pager or email, when placed on Tactical Alert all department supervisors will begin to prepare for the probable incident by doing the following: Duty Chiefs/EOC Representatives, or designee, for the potential initial operation period will (a) complete the following: Identify, schedule, and notify additional EOC Representatives for potential 1. subsequent operational periods. 2. Identify and notify personnel needed to serve in the EOC, if it is activated. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 317 Emergency Management - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

318 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management 3. Disseminate to all identified and notified potential EOC personnel and review applicable Emergency Operations Plans (EOPs). (b) Duty Commander/DOC IC for the potential initial operation period will complete the following tasks: 1. Identify and notify personnel needed to serve in the DOC (FLOP), if it is activated. 2. Identify, schedule, and notify additional DOC ICs for potential subsequent operational periods. 3. Disseminate information to all identified and notified potential DOC personnel and review applicable Emergency Operations Plans (EOPs). Task applicable potential DOC personnel with drafting preliminary SMART 4. objectives. 5. DOC ICs for subsequent operational periods will, in turn, identify and notify personnel needed to serve in the DOC. 6. With the Duty Chief’s authorization, DOC ICs may rescind or deny any leave, department wide, for all personnel (sworn or non-sworn). (c) Sworn and non-sworn supervisors will obtain a preliminary count of personnel and equipment available for the next three calendar days, at minimum, and be prepared to report that count to the DOC on applicable APD ICS Forms (i.e., Sergeant to Lieutenant, Lieutenant to Commander, Commander to DOC, DOC to EOC). Sworn and non-sworn supervisors will identify and draft a schedule personnel for 1. potential Alpha/Bravo assignments. 2. Sworn and non-sworn supervisors will review applicable Emergency Operations Plans (EOPs) as disseminated by the DOC or APD Emergency Management. Sworn and non-sworn supervisors will review and prepare to execute their applicable 3. section of the department’s Continuity of Operations (COOP) annex, if applicable. (d) In addition to any special instructions, when placed on Tactical Alert, all department personnel (sworn and non-sworn) will prepare for the probable incident by doing the following: 1. Continue performing all activities as in a Normal State of Readiness. 2. Keep issued pager nearby, day or night, whether on or off-duty, in accordance with APD policy. 3. Prepare to work modified hours (e.g. Alpha/Bravo) for a long duration of time. Prepare to work or support EOC and/or DOC operations. 4. 5. Prepare a “go bag” containing personal items needed for extended duty assignments (e.g., personal hygiene items, change of clothing, water, and food, etc.) Sworn personnel will report to work in Class D (tactical uniform) with all equipment 6. needed to work patrol and crowd control regardless of primary or ancillary assignments (See Patrol SOP for a list of equipment needed.) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 318 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

319 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management Department-wide Emergency Response When a circumstance (man-made or natural) has created an emergency situation requiring the use of tactics and resources other than those normally used in a Normal State of Readiness, the Chief of Police, or designee, may order a Department-wide Tactical Response in order to decisively and immediately respond, mitigate, and recover from the emergency situation. In the event the Chief of Police orders a Department-wide Emergency Response, the Chief’s designee will notify the department via an “APD All” page and email. This page and email title will include the reason for the department-wide emergency response (e.g., Emergency Response- Severe Weather, Emergency Response-Flooding, Emergency Response-Civil Disturbance, Emergency Response-Terror Incident, etc.), as well as, any additional directions. In addition to any special instructions received via pager or email, during a department-wide emergency response all department supervisors will execute the tasks they would normally prepare for while on a Tactical Alert and follow orders given by the DOC. Personnel Deployment (Alpha/Bravo) In order to leverage the resources needed to decisively and immediately respond to, mitigate, and recover from an emergency situation, the Chief of Police (or designee) may establish a department-wide work schedule change. If so directed, the usual modified work schedule is broken-down into 12-hour shifts. Day shift (Alpha) begins at 0600 and ends at 1800 and Night shift (Bravo) begins at 1800 and ends at 0600 the following calendar day. Supervisors will submit personnel rosters reflecting personnel assignments to day and night shifts to the DOC, via their chain of command, on an APD ICS Form 204. The DOC IC may modify any or all portions of Alpha/Bravo. The following groups are designated to work as follows: (a) Day Shift (Alpha): 1. All Patrol Day shifts All District Representatives 2. 3. All Regional Detectives (b) Night Shift (Bravo) All Patrol Evening shifts 1. All Patrol Night shifts 2. All Metro Tactical teams 3. (c) All other personnel within their respective Commands (e.g., Violent Crimes, Property Crimes, OCD, Training, etc.) shall be divided equally between day and night shift (i.e., 50% Alpha and 50% Bravo), unless otherwise directed by the DOC. (d) Special Operations and non-sworn personnel schedule modifications will be designated by the DOC IC, if needed. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 319 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

320 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management 407.4 DEPARTMENT OPERATIONS CENTER (DOC) When the Departmental Operations Center (DOC) is activated, the incident shall be managed in accordance with ICS protocols. The objectives of any activation is to decisively and immediately respond to, mitigate, and recover from an emergency situation while continuing to provide police services to the citizens of the City of Austin. 407.5 CRITERIA FOR DOC ACTIVATION Situations that trigger activations may be unique and therefore activations are a judgment call based upon numerous factors; however, generally, the DOC should be activated when a situation exists that has overwhelmed or will overwhelm and/or depleted department resources, regardless if the Austin-Travis County Emergency Operations Center (EOC) has been activated or not. When the Watch Lieutenant is aware of a situation that could potentially trigger a DOC activation, he or she will consult with the Duty Commander. The Duty Commander will consult with the Duty Chief to make the final determination to activate the DOC. The Duty Commander will factor the magnitude of the incident along with the incident’s impact on department operations. Incidents that would merit a DOC activation may include, but are not limited to the following: (a) 9-1-1 system crash Large spontaneous protest (b) Large-scale power outage (c) APD Medical Countermeasure Plan Activation (d) (e) Hazardous weather event (f) Officer involved incident with an associated hostile crowd Larger than normal media response to an incident (g) (h) Multi-agency protracted response to an event (i) Large training exercise Continuity event requiring APD COOP activation (j) As directed by the Chief of Police or designee (k) 407.6 DOC RESPONSE AND PROTOCOL Upon initial activation of the DOC, the Duty Commander will respond as the DOC Incident Commander (IC) for the initial operational period. Generally, the DOC will be located at the COMPSTAT Room (4th Floor of Police Headquarters); however, the IC may direct that the DOC be located elsewhere. The IC will begin to assess the situation and direct what personnel will be needed in the DOC as an initial response. (a) Upon activation, the IC, or designee, will immediately notify other entities that the APD DOC has been activated. Notifications include, but are not limited to, the following: COA HSEM 1. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 320 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

321 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management APD Communications 2. 3. AFD DOC, if applicable EMS DOC, if applicable 4. Upon activation, the IC, or designee, will: (b) 1. Review all relevant emergency operations plans (i.e., Regional, City, APD, etc.). Draft SMART objectives for the operational period using LIPS to prioritize objectives. 2. 3. Determine what the operational periods will be (e.g., 8-hour, 10 hour, Alpha/Bravo, etc.). 4. Document all relevant decisions, requests for resources, and activity in WebEOC or APD ICS 214 Activity Log. (c) The DOC will be run in accordance with ICS training and protocol. Each operational period of the incident will be documented in an Incident Action Plan (IAP) using all the applicable APD ICS forms. The number of personnel who will respond to the DOC will vary depending on the size and scope of the incident (scalable). The personnel required at the DOC can either be increased or decreased, as needed. Specific personnel with specialized skills may be required during complex incidents. All APD personnel (sworn and non-sworn), regardless of rank and/or work groups are either (d) subject to support or subject to callback for the DOC. The usual personnel needed for DOC duties may include, but are not limited to the following: Personnel to assist with: 1. (a) Finance Logistics (b) (c) Operations (d) Planning PIO (e) CTM (f) (g) ARIC Fleet (h) Special Events (i) Special Operations (j) (k) SRT leadership CAST leadership (l) (m) Police Technology Administrative support (n) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 321 Emergency Management - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

322 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management 407.7 DOC OPERATIONAL AUTHORITY The DOC operates with the authority of the Chief of Police. The designated IC may leverage this authority in order to decisively and immediately respond to, mitigate, and aid in recovery from an emergency situation while continuing to provide police services to the citizens of the City of Austin. ICs have all department resources at their disposal and have the authority to do the following, to include but not limited to: Cancel training courses, court, and leave (a) Modify work schedules (b) Direct equipment issue (c) (d) Suspend the ride-along program (e) Direct staff to establish an Incident Command Post (ICP) (f) Hold over APD personnel (sworn and non-sworn) Direct support units to report to Patrol functions (e.g., Motors, detectives, Highway (g) Enforcement, etc.). (h) Limit APD response to service types and actions (e.g., not responding to alarm calls, issuing "blue forms" in crashes that require a two truck, etc.). (i) Assign personnel (sworn and non-sworn) to serve in the DOC in various capacities. 407.8 INCIDENT ACTION PLANS (IAP) AND EVENT ACTION PLANS (EAP) The IAP or EAP is a written plan that defines the incident or event objectives and reflects the tactics necessary to manage an incident or event during an operational period. The IAP or EAP is to be considered directive and helps all personnel involved understand incident objectives and issues. An IAP or EAP is primary source of data used to refine public safety systems, protocols, and procedures for subsequent incidents or events. In addition, financial reimbursement to the department for large incidents is contingent upon submitting an IAP. APD EP&R will be available, day or night, to assist IC’s designees with drafting an IAP or EAP. An IAP or EAP or supporting ICS documents are required under the following circumstances: (a) DOC activations EOC activations (b) (c) Special Events requiring a command post Anytime a command post is used for any operation for two or more designated operational (d) periods. (e) Anytime any emergency operations plan (EOP) is applied in to an event or incident in conjunction with a DOC, EOC, and/or command post activation. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 322 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

323 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management 407.9 AFTER ACTION REVIEW/REPORT (AAR) AND CORRECTIVE ACTION PLAN (CAP) Organizational learning requires continuous assessment of organizational performance, looking at successes and failures, and ensuring that learning takes place to support continuous improvement. The After Action Review/Report (AAR) is the primary means and tool used by APD for facilitating this assessment. It works by bringing together a team to discuss a task, incident, event, activity, or project, in an open and honest fashion. The systematic application of properly conducted AARs across an organization can help drive organizational change. When applied correctly, AARs can become a key aspect of the internal system of learning and motivation. Subsequent to any incident or event, which requires an IAP or EAP, APD EP&R will facilitate an After Action Review with key personnel no later than two calendar weeks after the last operational period of the incident or event. Attendance and participation at the After Action Review is mandatory, unless otherwise authorized by the Chief of Police. APD EP&R will compile all input from the review into an After Action Report and submit it to the Chief of Police. Via APD EP&R, the Chief of Police will then issue a Corrective Action Plan (CAP). As the name of the document implies, compliance with the CAP is mandatory. CAPs may direct that corrective action be taken, to include, but not limited to, the following examples: Department policy changes (a) (b) Unit SOP changes (c) Equipment purchases or redistribution (d) Department reorganization budget reallocation (e) (f) Personnel reassignment In lieu of an APD CAP, the Chief of Police may direct that corrective action be taken in compliance with a CAP published by the City of Austin Homeland Security and Emergency Management department (HSEM). 407.10 DUTY COMMANDER (DOC IC) AND DUTY CHIEF (EOC REPRESENTATIVE) ROSTER Duty Commander (DOC IC) and Duty Chief (EOC Rep) roster is maintained by the Intelligence Division Commander and is stored and maintained on the Emergency Planning and Response (EP&R) SharePoint page. Any changes to the Duty Commander (DOC IC) and Duty Chief (EOC Rep) roster can be made 24/7 by either calling the Intelligence Division Commander or the APD Director of Emergency Management. 407.11 ORGANIZATIONAL DEVELOPMENT AND COMPLIANCE REPORTING In compliance with resolution 20050929-008, and in a continuing effort to ensure all department personnel (sworn and non-sworn) possess and maintain the knowledge, skills, and abilities Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 323 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

324 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Emergency Management needed to decisively and immediately respond, mitigate, and recover from any emergency situation, the department provides the up-to-date NIMS and ICS training for its employees. The APD Director of Emergency Management is tasked with evaluating and determining the applicability of various NIMS and ICS training courses to personnel assignments and ranks within the department. At least twice a calendar year, APD EP&R will publish the latest NIMS and ICS training requirements and training compliance roster for all employees. All employees are required to complete all required NIMS and ICS training within 18 months of their initial assignment and/ or promotion to their current rank. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Emergency Management - 324 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

325 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 408 Mobile Field Force 408.1 PURPOSE AND SCOPE Civil disorders may arise from a number of contributing factors and the event may be triggered by a single cause or a combination of causes. The Department is dedicated to utilizing the most effective techniques and procedures when dealing with civil unrest. The initial response to emergency and disaster incidents by patrol officers is outlined in Policy 407 (Emergency and Disaster Operations). This policy covers the activation and mobilization of on- duty personnel to handle civil disorder situations when it has been determined to use the Mobile Field Force (MFF) concept. 408.1.1 MOBILE FIELD FORCE ACTIVATION Several different types of scenarios can utilize a MFF. These include planned events, such as a rally or protest, as well as spontaneous incidents that exceed normal response capabilities and require a MFF response. (a) The activation of a MFF should be considered when dealing with any: Large scale disturbance; or 1. Disturbance where there is potential for escalation of violence if a large scale show 2. of force is not present. (b) The following personnel have the authority to activate a MFF response: 1. Chief of Police. Assistant chiefs. 2. 3. Commanders. 4. Watch Lieutenant. Patrol and support lieutenants. 5. 408.2 MOBILE FIELD FORCE CONCEPT The Mobile Field Force (MFF) is an organized group of specially trained and disciplined officers that can vary in size depending on the scale of the situation. The objectives of the MFF are to (a) Life/Safety. Incident Stabilization. (b) (c) Property Protection. Societal Restoration. (d) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 325 Mobile Field Force - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

326 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Mobile Field Force 408.2.1 MOBILE FIELD FORCE COMPOSITION (a) The MFF is commanded by the on scene Incident Commander (IC) and/or designated Operations Section Chief(s) who are in charge of the event per ICS protocol. IC responsibilities include: Determining how many officers will respond to form the MFF; and 1. 2. Designating the location of a Command Post and rally point. The Incident Commander and/or Operations Section Chief(s) may be assisted by a (b) lieutenant or sergeant acting as a Deputy or Executive Officer (XO). A MFF squad is usually divided into groups of seven to ten officers and one supervisor. (c) A MFF platoon is composed of four MFF squads. (d) A platoon should be commanded by a lieutenant, if available. 1. 2. A preemptive platoon will provide the Incident Commander with the flexibility to conduct offensive operations, if needed, and to make mass arrests. 408.2.2 MOBILE FIELD FORCE EQUIPMENT AND SUPPLIES The MFF will be equipped with Batons or PR24's (excluding ASPs), OC spray, less-lethal shotguns, and helmets with face shields. (a) Each Patrol Region will maintain an inventory of items necessary for the MFF (e.g., OC spray, less-lethal munitions, flex-cuffs). (b) The Patrol Region where the incident occurs will be responsible for resupplying the MFF. When resupply is needed, the Incident Commander will have dispatch designate an (c) available Patrol supervisor from the Region where the incident occurred to deliver these items to the MFF. 408.3 TRAINING AND PREPAREDNESS Being prepared for incidents of civil unrest can be the key to reducing the potentially catastrophic consequences associated with these incidents. All sworn personnel are responsible for maintaining a level of proficiency in MFF training and tactics. (a) Patrol commanders shall ensure that all lieutenants and sergeants under their command are familiar with the Unified Tactical Response Plan (UTRP) and MFF implementation. (b) Patrol and support lieutenants are responsible for: Ensuring that personnel under their command are proficiently trained in MFF tactics, 1. procedures, and commands; and 2. Verifying personnel attend training in MFF procedures and tactics on a regularly scheduled basis. Sergeants are responsible for ensuring that members of their squad attend MFF training. (c) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Mobile Field Force - 326 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

327 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Mobile Field Force (d) All personnel who have received specialty training in the deployment of impact munitions are responsible for maintaining a level of proficiency in those capacities. (e) All supervisors are responsible for making personnel in their chain-of-command aware of existing conditions or actions that may affect them. This may include: 1. Changing officers' and supervisors' schedules. 2. Changing officers' and supervisors' assignments. 3. Implementing a callback plan. Inspecting and assessing the readiness of MFF equipment and munitions. 4. Advising personnel of any situation, or potential situation, involving a riot or civil 5. disturbance that could require deployment of an MFF. 408.4 MOBILE FIELD FORCE RESPONSE The number of officers comprising the MFF will depend on the time of day that the MFF is initiated and is at the discretion of the Incident Commander. Initiation of the MFF will be broadcast citywide by dispatch. (a) (b) The MFF activation will utilize a tiered response plan. 1. Tier I Response - This involves using two designated officers from each on-duty patrol shift to respond to a MFF call up. 2. Tier II Response - This involves using officers from the Highway Enforcement Command (Motors, L&W, and Highway Response) and can be supplemented by additional officers from patrol or other Department units as dictated by the Incident Commander. Generally a Tier I Response will be utilized for most situations. At the Incident Commander's (c) discretion, a Tier II Response can be utilized. (d) Designated MFF officers will respond to the MFF broadcast. (e) The Incident Commander will make the determination whether MFF officers will respond to the scene or to a designated staging area. In some situations, MFF officers may be directed to respond directly to the scene to support the on scene officers while others are directed to respond to the staging location to form up a MFF response. 408.5 CONTROL STRATEGIES AND CONSIDERATIONS The control strategies employed by the MFF include: (a) Containment. (b) Arrest. Local Emergency Orders. (c) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 327 Mobile Field Force - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

328 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Mobile Field Force (d) Emergency Response. 408.5.1 CONTAINMENT After the initial response, the next most important control objective is to contain the spread of disorder. Through the use of perimeter control, officers will limit access to the affected area. The three basic concepts of perimeter control are linear strategy, cordoning, and sectoring. - Deploys police as a blocking force along a roadway or geographic barrier (a) Linear Strategy perpendicular to access routes into the impacted area. (b) Cordoning - Surrounds a particular problem area by using the linear strategy to seal off access on all sides. These two maneuvers allow the police to prevent outsiders from being drawn into the unrest as victims or participants and, at the same time, limit the spread of violence from inside the affected area. (c) Sectoring - Divides the cordoned area into smaller sized units. Order can be restored one sector at a time as sufficient police resources are assembled to begin the process of regaining control. 408.5.2 ARRESTS During acts of civil disorder, police must act quickly to arrest violators of the law. These arrests will help diffuse the unrest while also providing a break in the violence. Arrests must commence from the outset and be made early, quickly, constitutionally, fairly, (a) and reasonably. This pattern must be sustained for the duration of the unrest. If mass arrests occur, the Incident Commander will request prisoner transport vehicles to (b) the scene. 408.5.3 LOCAL EMERGENCY ORDERS An essential component of the Department's strategy for responding to a civil disorder is the issuance of emergency orders. The Mayor has the authority to issue and enforce rules, regulations, orders, and directions necessary to maintain Life Safety, Incident Stabilization, Property Conservation, and Societal Restoration (e.g., establish a curfew). 408.5.4 EMERGENCY RESPONSE A major civil disorder will require the Department to devote a large portion of its resources to restore order. When circumstances indicate that such a response is required, the Incident Commander will announce the mobilization of the MFF and will give the location of the assembly area. Once this has been initiated, all specified personnel will respond to the designated location. The ranking supervisor will refer to the instructions in the Mobile Field Force Supervisor Instructions and Scribe Log (PD0239) and should perform the prescribed tasks. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Mobile Field Force - 328 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

329 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 409 Swift Water and Flooding Incidents 409.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance and direction in responding to a swift water/ flooding incident. The objective in responding to swift water/flooding incidents is to safely remove victims from the danger of swift water or flooding while keeping the safety of responders and citizens at a premium. These situations are inherently dangerous. The possibility of a rescuer becoming a victim is ever present and should be considered at all times. 409.2 EQUIPMENT AND TRAINING (a) Each patrol vehicle shall be equipped with a Department approved Personal Floatation Device (PFD) and Throw Bag. (b) Each patrol officer shall be trained in the proper use of the PFD and Throw Bag. 409.3 OFFICER RESPONSE Water rescue incidents may involve individuals or vehicles trapped in swift water, water evacuations involving individuals stranded by slow moving but rising water, or individuals reported under water. Water rescue is normally a technical rescue to be accomplished only by a swift water rescue Special Operations Team. (a) Officers should request the AFD Special Operations Team, if not already dispatched. Upon arrival at the scene, officers will: (b) 1. Park the patrol unit out of potentially vulnerable areas in the event rising water becomes more widespread. Wear their Personal Flotation Device (PFD) at all times at water rescue incidents. 2. 3. Keep personnel and citizens without PFD's a minimum of 15 feet away from the waters edge. 4. Assess the situation, victim status and water conditions and continually update Communications. 409.4 WATER RESCUE GUIDELINES A water rescue should not be undertaken unless a victims life is in immediate peril or conditions are rapidly deteriorating and it is unlikely that any immediate assistance will be available from a swift water rescue Special Operations Team. (a) Officers will only initiate a water rescue after a thorough risk/benefits analysis, including: Life safety issues for both victim(s) and officers; and 1. 2. Risks of initiating rescue operation versus delaying until arrival of trained Special Operations Team resources. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Swift Water and Flooding Incidents - 329 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

330 Policy 7/20/2017 Issued 2017-1.5 Manual APD Austin Police Department Policy Manual Swift Water and Flooding Incidents (b) Notify communications if a rescue operation is attempted. (c) Do not attempt to swim to a victim. 1. If victim is seen struggling in water, attempt to assist with a Throw Bag from the shore. 2. Never tie a victim or yourself to the Throw Bag rope. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 330 Swift Water and Flooding Incidents - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

331 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 410 Hazardous Material Response 410.1 PURPOSE AND SCOPE Hazardous substances present a potential harm to employees resulting from their exposure. This policy outlines the Department's response when dealing with hazardous materials. 410.1.1 HAZARDOUS MATERIAL DEFINED - A substance which, by its nature, containment and reactivity, has the Hazardous material capability of inflicting harm during exposure. It is characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby poses a threat to health when improperly managed (Tex. Health and Safety Code § 501.002). 410.2 HAZARDOUS MATERIAL RESPONSE Employees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic crash, chemical spill or fire. When employees come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and citizens. The Austin Fire Department is the agency trained and equipped to properly respond and mitigate most hazardous substances and biohazards. In an effort to increase efficiency and effectiveness, AFD and APD will communicate and coordinate activities in accordance with an Incident Command System. Responders entering the area may require decontamination before they are allowed to depart the scene and should be evaluated by appropriate technicians and medical professionals for signs of exposure. The following steps should be considered at any scene involving suspected hazardous materials: (a) Attempt to identify the type of hazardous substance. Identification may be determined by placard, driver's manifest or statements from the person transporting the material. Utilization of personal protective gear. If in doubt about whether the use of personal (b) protective equipment is appropriate, officers should contact on scene Hazmat personnel. (c) Notify the Fire Department. (d) Provide first aid to injured parties if it can be done safely and without contamination. (e) Begin evacuation of the immediate area and surrounding areas, dependent on the substance. Voluntary evacuation should be considered; however, depending on the substance, mandatory evacuation may be necessary. The decision to continue evacuation beyond the immediate area or shelter in place should be made after consultation with AFD Haz-Mat units. (f) Responders should remain up hill and upwind of the hazard until a zone of entry and a decontamination area is established. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Hazardous Material Response - 331 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

332 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Hazardous Material Response 410.2.1 RADIOLOGICAL TESTING All explosions should be assumed to have dispersed radiological material. Testing for signs of radiation should be conducted by trained APD officers or AFD Hazmat personnel as soon as possible after an incident. 410.3 REPORTING EXPOSURE(S) Employees who believe they have been exposed to a hazardous material shall immediately (a) report the exposure to a supervisor. Supervisors informed of an employee exposed to a hazardous material shall ensure 1. that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure. 2. Each exposure shall be documented by the employee in an employee memorandum that shall be forwarded via chain-of-command to the employee's Commander. Should the affected employee be unable to document the exposure for any reason, 3. it shall be the responsibility of the notified supervisor to complete the memorandum. 4. Supervisors shall complete the required Workers' Compensation forms as outlined in Policy 956 (On-Duty Injury or Illness). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Hazardous Material Response - 332 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

333 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 412 Hostage, Barricaded, and Suicidal Subject Incidents 412.1 PURPOSE AND SCOPE Hostage situations and barricaded suspects present unique problems for law enforcement. The protection of the public and law enforcement personnel is of the utmost importance. Proper planning and training will tend to reduce the risks involved with these incidents. The Critical Incident Negotiation Team's (CINT) sole purpose is to facilitate the professional resolution of hostage and/or barricaded subject incidents. For purposes of this document, "professional resolution" means utilizing nationally recognized law enforcement negotiation techniques which focus on saving human life during critical times involving emotionally disturbed persons and/or criminal subjects. Professional resolution further means recognizing the importance of safety and inter-unit communication and cooperation with regard to the overall success of critical incident resolution. 412.1.1 DEFINITIONS - A person who takes a position of cover or concealment or maintains a Barricaded Subject position in a structure and who resists capture by law enforcement personnel. A barricaded subject may be armed, suspected of being armed, threatening violence and/or have demonstrated the potential to commit violence against others or themselves. - A person held by one party in a conflict as security, so that specified terms will be met Hostage by the opposing party. Hostage Negotiator - An officer who has been selected, trained and certified by the CINT Coordinator. - An unarmed suicidal subject who is threatening to jump from an elevated "Jumper" Situations position which is capable of causing death. Unarmed Suicidal Subject - An unarmed suicidal subject who presents no immediately apparent danger to officers or the public. 412.2 CRITICAL INCIDENT NEGOTIATION TEAM RESPONSE The primary function of the Austin Police Department Critical Incident Negotiation Team is to assist other members of the Austin Police Department and/or other law enforcement agencies who require assistance with the professional resolution of hostage/barricaded subject situations, and unarmed suicidal subjects. The CINT is a direct support unit to the SWAT Team and together comprise a component of Special Operations. As such, the CINT is on the SWAT call-up trigger page. All requests for hostage negotiators or the CINT are made through the Communications supervisor. (a) Hostage and Barricaded Subjects Hostage, Barricaded, and Suicidal Subject Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Incidents - 333 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

334 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Hostage, Barricaded, and Suicidal Subject Incidents SWAT and CINT shall always respond to hostage/barricaded subject incidents. 1. (b) "Jumper" Situations Hostage negotiators may be called to the scene of "jumper" situations. When 1. requested, generally two (2) hostage negotiators will respond. (c) All Other Unarmed Suicidal Subjects Situations 1. SWAT and CINT will not normally respond to any other type of unarmed suicidal subject. In unarmed suicidal subject situations other than a "jumper," officers may request a response from crisis intervention officers or the Crisis Intervention Team (CIT). 412.3 FIRST RESPONDER ASSESSMENT Nothing in this policy precludes an officer from making a call inside a structure to determine what is going on, or to request that a subject come outside to speak with officers. The ranking officer may request the assistance of an on-duty hostage negotiator to aid in the initial assessment, phone call or verbal contact. As soon as it becomes apparent that a hostage/barricaded subject incident or "jumper" situation is in progress, officers shall adhere to the notification process outlined in this policy. 412.3.1 NOTIFICATION PROCESS AND RESPONSIBILITIES (a) If the assessment determines a hostage/barricade situation exists, the first responder shall immediately request a supervisor to respond and notify Communications to request a SWAT/ CINT response. If the assessment determines that a "jumper" situation exists, the ranking officer should (b) notify Communications to request a CINT-only response. The ranking officer on the scene of an actual or potential hostage/barricade situation shall (c) consider the following: 1. Avoid confrontation in favor of controlling and containing the situation until the arrival of trained personnel and/or trained hostage negotiation personnel. 2. Evacuation of bystanders and injured persons. 3. Provide responding officers with a safe arrival route to the location. Follow Department guidelines for perimeter control, containment, and 4. communications. (d) The ranking officer is responsible for ensuring that personnel on scene with pertinent information are available to relay it to SWAT/CINT as soon as possible. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Hostage, Barricaded, and Suicidal Subject Published with permission by Austin Police Department Incidents - 334 7/20/2017 Policy Manual 2017-1.5 Issued APD

335 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Hostage, Barricaded, and Suicidal Subject Incidents (e) The responsibility for the disposition of a subject who has been taken into custody for a criminal offense or mental health evaluation lies with the uniformed first responders. 412.4 SUPERVISOR RESPONSIBILITIES Supervisors shall immediately respond to the scene of all hostage/barricade situations and (a) be responsible for the following: 1. Rapidly evaluate and assess the situation, and obtain a briefing by the initial responders. 2. Assume the role of Incident Commander and retain this role until relieved. Establish a Command Post and appropriate chain-of-command. 3. Notify tactical and hostage negotiation personnel. 4. Notify appropriate persons within and outside the agency, such as command officers, 5. dog handlers or helicopter pilots. Establish inner and outer perimeters. 6. 7. Request ambulance, rescue, fire and surveillance equipment. Authorize news media access and news media policy. 8. 9. Pursuit/surveillance vehicles and control of travel routes. (b) Supervisors or the Watch Lieutenant should advise the Special Operations commander with as much of the following information as is available: The number of suspects, known weapons and resources available. 1. Whether the suspect is in control of hostages. 2. If the suspect is barricaded. 3. The type of crime involved. 4. 5. If the suspect has threatened or attempted suicide. The location of the Command Post and a safe approach to it. 6. The extent of any perimeter and the number of officers involved. 7. Whether the suspect has refused an order to surrender, and any other facts critical 8. to the immediate situation. 412.5 ON-SCENE COMMAND RESPONSIBILITIES Upon arrival of the Special Operations supervisor at the scene, the Special Operations (a) supervisor shall be briefed about the situation by the original on-scene supervisor and/or on-scene personnel with knowledge of the incident. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Hostage, Barricaded, and Suicidal Subject Published with permission by Austin Police Department Incidents - 335 APD Policy Manual 2017-1.5 Issued 7/20/2017

336 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Hostage, Barricaded, and Suicidal Subject Incidents Once briefed, the Special Operations supervisor or designee shall be responsible for the (b) tactical portion of the operation. (c) The original on-scene supervisor shall be responsible for perimeter security and general support for the Special Operations teams. (d) The original on-scene supervisor and the Special Operations supervisor, or authorized designees, shall maintain communication as the situation develops. 412.6 REPORTING Unless otherwise relieved by a supervisor, the initial officer at the scene is responsible for completion of reports or coordination of reports for the hostage/barricade incident. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Hostage, Barricaded, and Suicidal Subject Published with permission by Austin Police Department Incidents - 336 APD Policy Manual 2017-1.5 Issued 7/20/2017

337 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 413 Clandestine Lab 413.1 PURPOSE AND SCOPE Clandestine laboratory enforcement actions are complicated by the presence of hazardous and/ or explosive chemicals. Clandestine laboratories often house substantial quantities of highly toxic, corrosive and explosive chemicals posing serious human health and environmental risks. To ensure that issues concerning health, officer safety, and safety of the environment are properly handled, the following procedures will be followed when an employee discovers apparatus they suspect may be used to manufacture narcotics. There are strict federal and state guidelines for the dismantling, removal, and transporting of clandestine lab chemicals and apparatus. 413.1.1 CLANDESTINE LAB TEAM The Organized Crime Division (OCD) has a certified Clandestine Lab Team (CLT) that is specially equipped and trained for the purpose of investigating, dismantling, and transporting clandestine laboratories. This team is on call 24 hours a day, seven days a week to respond to clandestine labs. 413.2 CLANDESTINE LABS A clandestine lab can be either a cooking lab in the process of producing an illegal drug, or it can be a boxed-up or dismantled lab. (a) Clandestine Labs can be found in, but are not limited to, the following places: Residential structures (e.g., houses, motel rooms). 1. 2. Vehicles, boats, and travel trailers. 3. Self-storage units. Wooded areas. 4. (b) Clandestine labs are dangerous due to the threat of explosion, fire, and chemical contamination to officers and civilians who are close to a lab. (c) Except in emergency situations, no employee, other than members of the CLT, will enter any room or structure known to contain or reasonably suspected to contain a clandestine laboratory. (d) Officers should be aware that clandestine laboratories may also be established for the production of biological or chemical agents to be used in weapons of mass destruction (WMD). If a WMD lab is suspected, notification should be made to the APD Bomb Squad as well as the CLT. 413.3 PROCEDURES AFTER THE DISCOVERY OF A LABORATORY OR LABORATORY APPARATUS Only certified, trained CLT members or an APD Chemist will be involved in the dismantling, removal and transportation of clandestine lab chemicals and apparatus. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Clandestine Lab - 337 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

338 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Clandestine Lab Officers who discover any item(s), which may resemble a clandestine lab and/or chemicals, (a) will notify APD Communications immediately. 1. Communications will contact the Fire Department if any clandestine lab, chemical spill, or chemical situation presents an immediate threat of fire, Communications will immediately notify the on-call CLT sergeant. In the absence of 2. the CLT sergeant, the CLT lieutenant will be notified. Officers will not attempt to disconnect any apparatus, except in extreme circumstances (b) where taking no action would lead to more serious consequence (e.g., fire, explosion). (c) If officers discover a clandestine lab during the course of an investigation or arrest, all persons in the house or vehicle should be moved a safe distance from the lab. 1. Any suspect(s) believed to have involvement should be detained until the CLT members arrive and debrief the suspect(s). Residents in nearby dwellings should be moved to a safe location until the area has 2. been declared safe by the CLT supervisor. Officers will not transport any chemicals or apparatus in police vehicles unless directed (d) otherwise by a CLT member. Officers should never discard or move any chemical substances found unless at the direction (e) of a CLT member. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Clandestine Lab - 338 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

339 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 414 Bomb Threats, Explosive Devices, and Bombing/ Explosion Incidents 414.1 PURPOSE AND SCOPE These guidelines have been prepared to assist officers in the initial response toincidents involving bomb threats, explosive devices, or bombing/explosion incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety shall always be the primary consideration. 414.1.1 REQUIRED BOMB SQUAD NOTIFICATION (a) The Bomb Squad shall be notified of, and respond to: Bomb threats made at mobile targets such as aircraft, trains, and watercraft. 1. 2. Incidents where a suspected or known explosive device is discovered. Explosive emergencies. 3. 4. All incidents where an explosion has occurred. Scenes where suspected explosives have been located or recovered (e.g., 5. commercial, military, homemade). (b) The Bomb Squad should NOT normally be utilized in response to bomb threats targeting a building, dwelling or fixed structures unless an explosive device is found or circumstances warrant it. This includes all fixed structures such as: 1. Industrial buildings. 2. Shopping centers or malls. 3. School or college campuses. 4. Government buildings. 5. Residential dwellings. 414.1.2 USE OF RADIOS/CELLULAR PHONES DURING BOMB RELATED INCIDENTS The use of equipment during bombing/bomb threat response incidents that generate radio frequency energy is a subjective matter that must balance risk versus benefit. The need for communications among responders can outweigh the risk of communication equipment inadvertently causing a detonation of an unknown explosive device. With this is mind it is permissible to leave radios and cell phones on during a bomb threat search or life saving measures at explosion scenes, but if a suspicious item is identified, do not transmit from a position near the item(National Guidelines for Bomb Technicians, Section 8.5, rev 3/10, U.S. Dept of Justice, Federal Bureau of Investigation). Bomb Threats, Explosive Devices, and Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bombing/Explosion Incidents - 339 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

340 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Bomb Threats, Explosive Devices, and Bombing/Explosion Incidents 414.2 BOMB THREATS AND FOUND EXPLOSIVE DEVICES Officers responding to a bomb threat and/or who find a potential explosive device shall follow the guidelines outlined in this section. 414.2.1 BOMB THREATS When dispatched to a bomb threat, officers should: (a) Advise Communications of arrival one (1) to two (2) blocks from the location. (b) Locate, identify and interview the following personnel: 1. Person in charge of the premises. 2. Person who received the threat. 3. Anyone who knows anything about the threat or the suspect. Evaluate the validity of the threat. 4. (c) Evacuate the premises or area, if necessary: 1. The decision to evacuate a premises on a bomb threat should be made by the person in charge of the premises, but may be superseded by a supervisor at the scene. If evacuation occurs, establish a perimeter of 300 feet or more from the target. 2. (d) Search for potential explosive devices: The decision to conduct a search of the target of a bomb threat should be made by 1. the person in charge of the premises based on an evaluation of validity of the threat. Officers should assist in conducting any search. If possible, obtain a search team of volunteers who are familiar with the area to be 2. searched. Systematically search the area starting with areas accessible to the public. 3. 4. Search for unusual items that seem out of place or suspicious. (a) If no potential explosive device is found, officers can clear the call and go back in-service. If an potential explosive device is found, officers shall follow the guidelines (b) below. 414.2.2 FOUND EXPLOSIVES/SUSPECT DEVICES No known or suspected explosive device should be considered safe regardless of its size or apparent packaging. The device should not be touched or moved except by qualified Bomb Squad personnel. When officers locate a suspected explosive device, the following guidelines should be followed: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bomb Threats, Explosive Devices, and Published with permission by Austin Police Department Bombing/Explosion Incidents - 340 APD Policy Manual 2017-1.5 Issued 7/20/2017

341 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Bomb Threats, Explosive Devices, and Bombing/Explosion Incidents (a) All equipment within 300 feet of the suspected device that is capable of producing radio frequency energy (e.g, two-way radios, cell phones, MDC, personal communication devices) should be turned off. These devices may cause a detonation. When it is necessary to communicate with a radio or cell phone, officers should 1. place as much distance and shielding between themselves and the suspect item as possible or use a land line telephone. (b) Notify a supervisor and request additional assistance, as necessary. (c) Have Communications contact the Bomb Squad and Duty Commander. Provide the following information to Communications, as available: 1. Any stated threat(s). 2. Exact comments. 3. Time of device discovery. 4. Exact location of the device. 5. Full description of the device (e.g., size, shape, markings, construction). Establish a minimum perimeter of 300 feet around the location of the device and evacuate (d) the area. In establishing a perimeter, wind speed and direction must be considered. This information is available from Communications. Set up an initial Command Post. (e) The designated site for the initial Command Post should be swept for possible 1. secondary explosive devices and other hazards and established upwind of the incident scene if possible. 2. Advise Communications of the Command Post location and direct initial responding units to perimeter locations. 3. Request anyone who has seen the device/explosive to stand by at the Command Post. (f) Officers will have their Personal Protective Equipment (PPE) immediately available in the event an explosion occurs. (g) A search of the area should be conducted for secondary devices or other objects that are either hazardous or foreign to the area, and a perimeter should be established around any additional suspicious device found. Explosive or military ordnance of any type should be handled only by the bomb squad or (h) military ordnance disposal team. 414.2.3 SUPERVISOR RESPONSIBILITY The first supervisor on the scene to a legitimized bomb threat should do the following: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bomb Threats, Explosive Devices, and Published with permission by Austin Police Department Bombing/Explosion Incidents - 341 APD Policy Manual 2017-1.5 Issued 7/20/2017

342 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Bomb Threats, Explosive Devices, and Bombing/Explosion Incidents (a) Assume command of the scene. (b) Establish the primary Command Post. The primary Command Post can be the same as the initial Command Post or it can 1. be moved at the discretion of the supervisor based on the best information available at the time. 2. The site should be swept for possible secondary explosive devices and other hazards. 3. The Command Post should be established up-wind of the incident scene if possible. Establish an outer perimeter if believed necessary. (c) (d) Order an evacuation if believed necessary. If possible, contact the responding bomb techs and brief them on the information about the (e) device/explosive. (f) Execute all suggestions of the bomb techs and await their arrival. Do not allow anyone other than Bomb Squad personnel to approach the suspected explosive (g) device for any purpose without consulting responding bomb technicians first. 414.3 REPONSE TO EXPLOSION/BOMBING INCIDENTS When an explosion has occurred, there are multitudes of considerations which may confront the responding officers. As in other catastrophic incidents, a rapid response may help to minimize injury to victims, contamination of the scene by gathering crowds or additional damage by resulting fires or unstable structures. Whether the explosion was the result of an accident or a criminal act, responding officers (a) should consider the following actions: Immediately don PPE upon arrival at the scene. 1. 2. Attempt an up-wind approach if feasible. 3. Notify a supervisor and request assistance. Immediately establish a safety perimeter and evacuate anyone in the immediate 4. area. In establishing the perimeter, wind speed and direction must be considered. This information is available from Communications. 5. Have Communications contact the Bomb Squad and Duty Commander. Set up an initial Command Post with other emergency services providers and advise 6. Communications of its location. The location selected for a Command Post should be swept for secondary explosive devices and other hazards Direct initial responding units to perimeter locations. 7. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bomb Threats, Explosive Devices, and Published with permission by Austin Police Department Bombing/Explosion Incidents - 342 APD Policy Manual 2017-1.5 Issued 7/20/2017

343 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Bomb Threats, Explosive Devices, and Bombing/Explosion Incidents 8. Request anyone who has seen the device/explosion to stand by at the Command Post. Be aware of the possibility of secondary devices and/or explosions. 9. (b) All explosions should be assumed to have dispersed radiological material. Officers should not attempt to enter the immediate area of the explosion until AFD Hazmat or trained APD officers have made an assessment of possible hazards. 414.3.1 NOTIFICATIONS (a) The first supervisor on the scene of a post-explosion incident should: Assume command of the scene. 1. 2. Establish the primary Command Post. This site can be the same as the initial Command Post or it can be moved at the discretion of the supervisor based on the best information available at the time. The location selected for the primary Command Post should be swept for secondary explosive devices and other hazards and established up-wind of the incident scene if possible. 3. Establish an outer perimeter if believed necessary. 4. Order an evacuation if believed necessary. 5. Ensure all APD personnel are wearing appropriate PPE. Contact Communications and advise that a potential WMD/CBRN event is in 6. progress. 7. Contact the responding bomb techs and brief them on the information about the incident, if practicable. Execute all suggestions of the bomb technicians and Hazmat Commanders and 8. await their arrival at the scene. (b) Supervisors will not permit officers to enter the inner perimeter area until Hazmat has evaluated the scene for potential hazards. (c) Supervisors will insure that personnel are properly decontaminated at the conclusion of the incident. AFD Hazmat should be contacted for assistance. 414.3.2 CROWD CONTROL Only authorized personnel with a legitimate need shall be permitted access to the scene. Spectators and other unauthorized individuals shall be excluded to a safe distance as is reasonably practicable given the available resources and personnel. 414.3.3 SCENE OF INCIDENT As in any other crime scene, steps should immediately be taken to preserve the scene. The scene could extend over a long distance. Evidence may be imbedded in nearby structures or hanging Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bomb Threats, Explosive Devices, and Published with permission by Austin Police Department Bombing/Explosion Incidents - 343 APD Policy Manual 2017-1.5 Issued 7/20/2017

344 Policy 7/20/2017 Issued 2017-1.5 Manual APD Austin Police Department Policy Manual Bomb Threats, Explosive Devices, and Bombing/Explosion Incidents in trees and bushes. The initial perimeter at an explosion scene should be set at 1.5 times the distance from the site of the explosion to the farthest found piece of debris if possible. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bomb Threats, Explosive Devices, and Published with permission by Austin Police Department Bombing/Explosion Incidents - 344 APD Policy Manual 2017-1.5 Issued 7/20/2017

345 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 416 Aircraft Crashes 416.1 PURPOSE AND SCOPE This policy describes situations involving aircraft crashes, including responsibilities of personnel, making proper notification and documentation. 416.2 RESPONSIBILITIES In the event of an aircraft crash, employee responsibilities are as follows: 416.2.1 OFFICER RESPONSIBILITY Officers should treat an aircraft crash site as a crime scene until it is determined that such is not the case. If a military aircraft is involved, additional dangers, such as live ordnance or hazardous materials, may be present. The scene may require additional security due to the potential presence of confidential equipment or information. Officers arriving on scene of an aircraft crash should: (a) 1. Determine the nature and extent of the crash. Request additional personnel and other resources to respond as needed. 2. Provide assistance for the injured parties until the arrival of EMS, AFD and/or other 3. emergency personnel. 4. Cordon off and contain the area to exclude unauthorized individuals as soon as practicable. 5. Provide crowd control and other assistance until directed otherwise by a supervisor. Entering an aircraft or tampering with parts or debris is only permissible for the purpose (b) of removing injured or trapped occupants, protecting the wreckage from further damage or protecting the public from danger. If possible, the investigating authority should first be consulted before entering or moving any aircraft or any crash debris. Photographs or sketches of the original positions should be made whenever feasible. (c) The fire department will be responsible for control of the crash scene until the injured parties are cared for and the crash scene has been rendered safe for containment. Thereafter, police personnel will be responsible for preserving the scene until relieved by the investigating authority. (d) Once the scene is relinquished to the investigating authority, personnel from this department may assist in containment of the scene until the investigation is completed or assistance is no longer needed. (e) An airport service worker or the airport manager may respond to the scene to assist the on- scene commander with technical expertise, should it be needed during the operation. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Aircraft Crashes - 345 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

346 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Aircraft Crashes 416.2.2 NATIONAL TRANSPORTATION SAFETY BOARD The National Transportation Safety Board (NTSB) has the primary responsibility for investigating crashes involving civil aircraft. In the case of a military aircraft incident, the appropriate branch of the military will be involved in the investigation. The NTSB is concerned with several aspects of a crash as described in this section. Every effort should be made to preserve the scene to the extent possible in the condition in which it was found until such time as NTSB or other authorized personnel arrive to take charge of the scene. Military personnel will respond to take charge of any military aircraft involved, regardless of any injury or death. If the crash did not result in a death or injury and the NTSB elects not to respond, the pilot or owner may assume control of the aircraft. Removal of the wreckage shall be done under the guidance of the NTSB or military authorities or, if the NTSB is not responding for an on-site investigation, at the discretion of the pilot or the owner. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Aircraft Crashes - 346 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

347 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 418 Family Violence 418.1 PURPOSE AND SCOPE Family Violence is alleged criminal conduct and it is the policy of the Austin Police Department to stress enforcement of criminal laws related to family violence, the protection of the victim and the availability of civil remedies and community resources. 418.1.1 DEFINITIONS Bodily Injury - “Bodily Injury” means physical pain, illness, or any impairment of physical condition (Texas Penal Code § 1.07). - A relationship between individuals who have or have had a continuing Dating Relationship relationship of a romantic or intimate nature. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship. The existence of such a relationship shall be determined based on consideration of the (Tex. Fam. Code § 71.0021(b & c)): (a) Length of the relationship, (b) Nature of the relationship, and (c) Frequency and type of interaction between the persons involved in the relationship. - An act by an individual that is against another individual with whom that person Dating Violence has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault or sexual assault. However, dating violence does not include actions taken in self defense. (Tex. Fam. Code § 71.0021). - Individuals who are related either by blood or by marriage. Family includes former Family spouses, parents of the same child regardless of the marital status or the legitimacy of the child, and foster child/parent relationships (Tex. Fam. Code § 71.003). - An act by a member of a family or household against another member of the Family Violence family or household that is intended to result in physical harm, bodily injury, assault or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault. However, family violence does not include actions taken in self defense (Tex. Fam. Code § 71.004). Family violence also includes the term dating violence (Tex. Fam. Code § 71.004). • Household - A unit composed of persons living together in the same dwelling, without regard to whether they are related to each other (Tex. Fam. Code § 71.005). Member of a household - Includes a person who previously lived in a household. (Tex. Fam. Code § 71.006). Primary Aggressor - The person who appears to be the most significant aggressor rather than the first aggressor. In identifying the primary aggressor an officer shall consider: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Family Violence - 347 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

348 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence (a) The intent of the law to protect victims of family violence from continuing abuse, (b) The threats creating fear of physical injury, (c) The history of family violence between the persons involved, and (d) Whether either person acted in self-defense. 418.2 ENFORCEMENT GUIDELINES The primary duties of an officer who investigates a family violence allegation, or who responds to a disturbance call that may involve family violence, are to protect any potential victim of family violence and enforce the law by making lawful arrests of violators. Officers making an arrest for any incident involving family violence shall direct file all charges as outlined in Policy 323 (Booking and Arrest Review), unless directed otherwise by the appropriate investigator. 418.2.1 ARREST REQUIREMENT FOR ASSAULTIVE OFFENSES (a) Officers are required to make an arrest for incidents involving family violence when: 1. An assault has occurred that resulted in a minimum of bodily injury or complaint of pain; or where an officer can articulate facts from which a reasonable person could infer that the victim would have felt pain due to: (a) The manner in which the suspect made contact with the victim, or (b) the nature of observable physical marks on the suspect's body allegedly caused by the suspect's contact with the victim, and 2. The suspect is still on-scene; and 3. The assault meets the definition of "family violence" or "dating violence." (b) If both parties have been assaulted, officers shall make reasonable efforts to identify the primary aggressor. Arrests of both parties should be avoided unless warranted. 1. If officers at the scene cannot determine the primary aggressor, an on-duty supervisor shall be contacted to make the determination. 2. If the on-duty supervisor cannot determine the primary aggressor and there is adequate and articulable probable cause to believe that each person contributed to the violence, supervisors may authorize officers to make multiple arrests. (a) Officers shall write probable cause affidavits for each of the arrests and direct file the charges. (b) The name of the supervisor authorizing a multiple arrest situation shall be included in the incident report. (c) Officers shall not use mediation at the scene as a substitute for appropriate reporting and enforcement action when physical violence has taken place. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Family Violence - 348 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

349 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence (d) Officers shall arrest for assault by threat or assault by contact if no physical violence has occurred that resulted in bodily injury, but circumstances reasonably show that further violence is likely to happen. Supervisor approval is required when the arrest is made from inside a residence. (e) Supervisors may authorize an exception to an arrest if there are articulable facts that lead a reasonable person to believe the alleged suspect was acting in self-defense. The facts leading to the decision for an exception shall be fully documented in the incident report, along with the name of the supervisor approving the exception. (f) In felony incidents involving family violence the on-call investigator from the Domestic Violence Unit shall be contacted by a supervisor when: 1. Serious or life-threatening injuires are sustained, regardless of whether an arrest is made; or 2. A crime scene is complex and may require a response and/or the assistance of a unit detective (ex. search warrant, high profile cases, etc.). Notification simply due to a felony offense occurring or a felony arrest being made is not required. Should an officer or supervisor determine or feel that a notification to the Domestic Violence Unit in these situations is necessary, such notification should be made via email at [email protected] (a) 1. A crime scene is complex and may require a response and/or the assistance of a unit detective (ex. search warrant, high profile case, etc.). Notification simply due to a felony offense occurring or a felony arrest being made is not required. Should an officer or supervisor determine or feel that a notification to the Domestic Violence Unit in these situations is necessary, such notification should be made via email at: [email protected] 418.2.2 ARREST PC AFFIDAVITS FOR FAMILY VIOLENCE RELATED ASSAULTS (a) Arrest affidavits for family violence assaults shall be limited to information that is necessary to establish probable cause. Officers shall refrain from copying and pasting their incident report into the arrest affidavit. It is not necessary to include the primary aggressor’s account of events within the arrest affidavit, unless such inclusion is necessary to establish probable cause. Arrest affidavits prepared by patrol officers shall be reviewed by APD Arrest Review (b) Detectives to ensure the elements of the offense have been met. Arrest Review shall present all arrest affidavits that include said elements to the Municipal Court Magistrate for signature. Rejected affidavits will be documented per policy and forwarded to the Domestic Violence Unit for further investigation. 418.2.3 FAMILY VIOLENCE INVOLVING MENTAL ILLNESS If there is reason to believe a suspect that is still on-scene suffers from a mental illness, an on- duty patrol officer that is a certified Crisis Intervention Team (CIT) officer shall be requested to the scene. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 349 Family Violence - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

350 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence (a) A Peace Officer Emergency Commitment (POEC) may be used to remove a suspect from the scene for the purpose of a psychiatric evaluation and/or treatment in lieu of a custodial arrest. The discretion to use a POEC rests solely with the on-scene CIT officer. (b) It is recommended that a suspect in a family violence offense only be placed in protective custody pursuant to a POEC when sufficient psychiatric bed space is available and has been confirmed at the proper psychiatric facility by the CIT officer prior to transport. Under no condition will a suspect in protective custody pursuant to a POEC be transported to a hospital ER for a family violence offense when no psychiatric beds are available in lieu of filing criminal charges. (c) If the CIT officer determines the subject fits the criteria for a POEC, the CIT officer may transport the subject to a psychiatric facility on the POEC. 1. Once at the facility, the CIT officer will remain with the subject pending the physician's evaluation. (a) If the facility admits the subject, the CIT officer shall complete all required family violence documentation but will not file any charges on the subject. Additional charges may be filed at a later time. (b) If the facility does not admit the subject, the CIT officer will place the subject under arrest for the family violence criminal offenses(s) committed. Once arrested, the CIT officer shall complete all documentation and use direct file procedures for the filing of charges at the time of booking. (d) This section does not: 1. Assault Victim Statement Remove the requirement to complete an (AVS) and make any applicable notifications as outlined in this policy. 2. Supercede an officer's authority to arrest for a felony offense at the scene in accordance with Department policy. 418.2.4 FAMILY VIOLENCE INVOLVING JUVENILES (a) Juvenile Suspects 1. Family violence incidents involving a juvenile suspect between the ages of 10-16 years old shall be enforced and reported the same way as if the suspect was an adult. (b) Juvenile Victims 1. Officers investigating an allegation of family violence that involves the discipline of a child/juvenile should make the determination if the force used was reasonable. Officers are reminded not to allow personal beliefs regarding discipline to interfere with their legal judgment. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Family Violence - 350 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

351 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence (a) Officers who determine that the force was unreasonable, that serious injury occurred, or that the potential for serious injury is likely, shall contact their supervisor prior to making an arrest. (b) Supervisors shall contact the appropriate Investigative Unit prior to transporting the suspect; these arrests are not direct filed. (c) Investigative Unit Responsibility 1. The incident shall be handled by the Family Violence Protection Team when: (a) The victim is 15, 16, or 17 years of age and the alleged suspect is any "family member;" or The victim is 14 years of age or younger and the alleged suspect is a "family (b) does not member" who have care, custody and control of the child at the time of the incident (e.g., older sibling, cousin, or person not authorized to discipline the child). 2. The incident shall be handled by the Child Abuse Unit when: (a) The victim is a juvenile 14 years of age or younger and the alleged suspect is a "family member" who does have care, custody, and control of the child at the time of the incident (e.g., parent, guardian, related babysitter). 418.2.5 FAMILY VIOLENCE INVOLVING STRANGULATION/SUFFOCATION When the suspect impedes the normal breathing or circulation of the blood of the victim by applying pressure to the victim's throat, neck or by blocking the victim's nose or mouth, the assault shall be enhanced to a felony of the third degree (Tex. Penal Code § 22.01(b)(2)(B)). While in most cases there is evidence of both external and internal injury to the neck, (a) many times there are no visible injuries. In those instances, an internal injury may still have occurred that can result in death. Victim may not understand the danger of their injuries and may be reluctant to seek medical attention. 1. Call EMS to the scene to evaluate the victim even if the victim doesn't want them. 2. Advise EMS you suspect strangulation with possible life threatening injury. (b) Proper documentation of an assault involving strangulation/suffocation is critical and should include at least the following: 1. - This may include, but is not limited to: Physical Signs Red marks or bruising around the neck. (a) (b) Loss of memory in the recollection of the sequence of events. (c) Petechial hemorrhaging (burst blood vessels) in the eye or face area. Difficulty and/or painful swallowing or hoarseness in the voice. (d) 2. Type/Method Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Family Violence - 351 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

352 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence Ligature - Involves the use of a weapon (e.g., belt, telephone cord, shoe (a) string, rolled up shirt) to impede breathing or cause air restriction. (b) Manual - Involves the use of the suspects' hands to impede breathing or to cause air restriction. Describe in detail the position of the suspect in relation to the victim 1. (e.g., grabbed from the front or from behind) and what body part was used by the suspect (e.g., one hand, both hands, arm using choke hold). Specific Questions 3. (a) What did you think was going to happen? (b) What did the suspect say? (c) How did it stop? What did you say during the assault? (d) How did you feel? (e) Additional Observations 4. If the victim has trouble swallowing, breathing or any pain or tenderness in (a) neck area. (b) Any changes in the victim's voice during interview (e.g., hoarseness, raspy, loss of voice). 418.2.6 ENHANCEMENT DUE TO PRIOR CONVICTION (a) A misdemeanor assault shall be enhanced to a felony of the third degree if the suspect has an eligible prior conviction on his CCH (Tex. Penal Code § 22.01(b)(2)(A)). (b) An assault involving strangulation/suffocation shall be enhanced to a felony of the second degree if the suspect has an eligible prior conviction on his CCH, with the exception of a prior conviction involving continuous violence against family (Tex. Penal Code § 22.01(b-1)). (c) Eligible Prior Conviction A prior conviction meets the guidelines for enhancement if: 1. (a) The victim in the previous offense had a family or dating relationship with the defendant; and (b) The offense is classified as: 1. Any offense in Tex. Penal Code Chapter 19; or Any offense in Tex. Penal Code Chapter 22; or 2. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 352 Family Violence - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

353 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence 3. Kidnapping (Tex. Penal Code § 20.03); or Aggravated kidnapping (Tex. Penal Code § 20.04); or 4. Indecency with a child (Tex. Penal Code § 21.11); or 5. 6. Continuous violence against the family (Tex. Penal Code § 25.11). 418.2.7 CONTINUOUS FAMILY VIOLENCE Continuous violence against family (Tex. Penal Code § 25.11) is a separate offense and (a) should only be used when the defendant does not have a qualifying previous conviction. The determination of whether to file the continuous violence against family charge shall be (b) at the discretion of Arrest Review. 418.2.8 INTERFERENCE WITH EMERGENCY TELEPHONE CALL Interference with emergency telephone call has its own arrest authority (Tex. Code of Crim. Pro. art. 14.03(a)(5)) that is separate from the arrest authority for family violence. (a) Officers should consult with their supervisor or Arrest Review to confirm there is enough probable cause for the arrest of this offense. If enough probable cause exists, officers may make an arrest. (b) When no arrest is made, officers shall write up a report and detail whether the victim wants to file charges for the offense. (c) When this offense also involves a family violence incident, officers shall make sure an Assault Victim Statement (AVS) is completed. 418.3 ADDITIONAL INVESTIGATIVE GUIDELINES This section includes additional guidelines and required notifications when investigating any incident that involves family violence or may have involved family violence. 418.3.1 ASSAULT VICTIM STATEMENT Assault Victim Statement (a) (AVS) form shall be completed on every incident involving An family violence, regardless of whether an arrest is made. This includes, but is not limited to, any assault offense involving family violence with the exception of assault by contact and assault by threat offenses. Officers shall advise victims of their right to obtain an emergency protective order (EPO) (b) and ask them if they wish to file one. The required guidelines for filing an EPO are outlined later in this policy. Victims of family violence are to be given the opportunity to complete the AVS and sign it. (c) 1. Victims should be advised that the AVS may be used to file charges. In the event the victim refuses to complete and sign the AVS, the reporting officer 2. shall complete the form and sign it under the signature refused section with a witness to the refusal, if possible. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Family Violence - 353 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

354 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence The AVS form must be reviewed for completeness by the officer prior to leaving the 3. scene. 418.3.2 VICTIM INFORMATION Officers shall provide each adult present with a copy of the information pamphlet entitled (a) that includes the Notice to Adult Victims of Family Violence Victim Assistance Information and write the incident number on the front page. (b) Victims should always be referred to Victim Services for counseling. Victims and offenders should be told that assault charges on family violence arrests may be (c) filed even if the victim does not wish charges to be filed. Victims who express a desire to drop charges should be referred to Victim Services. 1. Victim Services will refer the victim, after counseling, to the County or District Attorney. (d) Victims with additional questions should be referred to the Family Violence Protection Team. 1. On felony arrests, the victim should be told to contact the Family Violence Protection Team the next day to determine if the assigned investigator needs additional information or statements. 2. On non-arrest incidents, the victim should be told that the case will be assigned to an investigator for follow-up investigation. 418.3.3 REQUIRED CHILD PROTECTIVE SERVICES NOTIFICATION (a) When CPS Notification is Required Child Protective Services (CPS) must be notified following all incidents of family 1. violence that resulted in a visible injury or aggravated assault if a child is: Present at the scene of the incident; or (a) Known to reside at the location of the incident. (b) The notification shall be made: 2. (a) Regardless of whether the child witnessed the incident; or If an officer has reason to be concerned for the physical or emotional welfare (b) of the child. How CPS Notification may be Completed (b) 1. The incident should be reported to CPS from the scene or immediately after clearance; however, notification shall be made prior to the end of the primary officer's tour of duty. It is ultimately the primary officer’s responsibility to ensure the required notification 2. is completed, regardless of what method is used. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Family Violence - 354 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

355 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence (a) The primary officer can complete the notification by using the CPS Law Enforcement Hotline number available through Communications. (b) APD Victim Services may be requested to complete the notification. If Victim Services is used, officers need to provide all the required 1. pertinent information to the team member. (c) Required Information for CPS 1. APD incident number. Brief summary of incident. 2. Names, ages and dates of birth of all children involved. 3. Names, ages, dates of birth of adults involved. 4. Address where incident occurred. 5. 6. Address where parties reside and/or may be located. Reporting (d) Any received CPS call ID number provided to the officer or Victim Services member 1. should be included in the narrative of the incident report. 418.3.4 EVIDENCE COLLECTION AND PHOTOGRAPHS (a) Evidence Collection 1. Any weapon or object used in the commission of the offense shall be seized as evidence. 2. Any other evidence that relates to the offense (e.g., ripped clothing, soiled clothing, broken phone). 3. Evidence shall be submitted as outlined in Policy 618 (Property and Evidence Collection Procedures). (b) Photographs 1. Digital photographs should be taken of: (a) All visible injuries on the victims and suspects, regardless of severity. 1. All victims and suspects shall receive proper medical care prior to being photographed, if needed or desired. 2. Photographs should include, but are not limited to: (a) Full body; (b) Close up of face; (c) Visible injuries; (d) Area of body surrounding injury; Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 355 Family Violence - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

356 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence (e) Body part used as a weapon. 3. Victims whose injuries are not visible at the time of the incident shall be advised to contact the Investigative Unit in the event they become visible. An investigator may be assigned to ensure the injuries are photographed during the course of preparing the case for court. (b) The overall scene if there was a struggle or damage to property. (c) Any weapon or object used in the commission of the offense. 2. If possible, the clarity/quality of photographs should be confirmed prior to clearing a scene. 3. Digital photographs shall be downloaded into the Digital Crime Scene Management System. 418.4 EMERGENCY PROTECTIVE ORDERS Officers shall offer all victims of family violence the opportunity to file an EPO. Officers shall file a motion for an EPO on the victim's behalf in all felony family violence (a) arrests, including felony enhancements. (b) Officers shall file a motion for an EPO on the victim's behalf in all other family violence arrests when: 1. The victim wishes to have an EPO filed; or 2. The victim is unable or refuses to file and the officer has sufficient reason to believe it is imperative to the safety of the victim to file an EPO. The reason why the suspect will be a further danger to the victim shall be documented on (c) a motion for an EPO and included in the incident report. (d) Completed motions shall be turned in at Arrest Review. 418.5 CIVIL STANDBY Officers may respond to a call for service where a complainant is requesting an officer to standby while he removes some of his minor belongings from a residence. The goal of the standby is to prevent a disturbance from occurring while the complainant takes necessary items from a residence. When requested to conduct a standby, officers shall: (a) Check to see if the complainant has a protective order against him for the requested 1. address. No person, including the protected person or a law enforcement officer, can authorize any person to violate a protective order. 2. Advise the complainant that only minor belongings needed for the immediate future should be taken (e.g., clothing, child items, toiletries); arrangements should be made Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Family Violence - 356 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

357 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence at another time if the complainant requires prolonged assistance for the retrieval of his additional items. Advise the complainant that the determination of property ownership is not the 3. officer's responsibility. Any contest to property ownership should be handled by the appropriate Justice of the Peace. (b) The incident may be cleared as a civil issue without an incident report as long as no disturbance occurs. However: Officers are encouraged to include notes in the call log summarizing the incident and 1. whether the complainant needs to return for more belongings. Officers shall complete an incident report if a disturbance occurs. 2. 418.6 REPORTING GUIDELINES (a) A written report shall be completed on all incidents involving: 1. Family disturbances and dating disturbances. Family violence and dating violence allegations. 2. Any complaint of unreasonable discipline against a juvenile, regardless of whether 3. an arrest is made. 418.6.1 USE OF PROPER TITLE CODES When initiating an incident report, the use of proper title codes is critical to ensure proper report routing. (a) When no offense has been committed, the following title codes shall be used: Dating Disturbance (2400) - When the incident involves a dating disturbance or 1. dating violence incident. Family Disturbance (3400) - When the incident involves a family disturbance or family 2. violence incident. 3. Family Disturbance/Parental (3458) - When the incident involves a parent/guardian and child under 17. (b) When a family violence related offense is alleged or found to have been committed, the following title codes shall be used: 1. Assault W/Injury Fam/Dating Violence (0900-1). Assault by Threat Fam/Dating Violence (0901-1). 2. 3. Assault by Contact Fam/Dating Violence (0902-1). 4. Agg Assault Fam/Dating Violence (0402-1). Agg Aslt Strangle/Suffocate - FV (0410-1). 5. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 357 Family Violence - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

358 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence Agg Aslt Enhancement Strangle/Suffocate - FV (0411-1) - When an assault involving 6. strangulation/suffocation is enhanced due to an eligible prior conviction. 7. Continuous Violence Against Family (4030-1). Felony Enhancement Assault with Injury - FV (0909-0) - When a misdemeanor 8. assault is enhanced due to an eligible prior conviction. 418.6.2 REQUIRED INFORMATION Officers shall document the following information in an incident report: Specific facts that lead to the probable cause for an arrest, including a detailed description (a) of injuries sustained and threats made by the victim and/or suspect. Information supporting, and the name of the supervisor approving, a decision to: (b) 1. Not make an arrest when a suspect is on-scene of a family violence incident; or Make multiple arrests in a family violence incident. 2. The identity of all children witnessing or residing at the location of an incident. This includes (c) the child's full name, date of birth, race, and sex in the "Persons" section of the incident report. 1. List as witness if the child was present in the household during the disturbance. 2. List as observed/seen if the child was not present in the household during the incident of family violence. Whether a motion for an EPO is being filed and the reason why, including why the suspect (d) is believed to be a further danger to the victim upon release from jail. (e) The CPS Call ID number in the event a CPS notification is made as outlined in this policy. (f) A description of any evidence seized or photographs taken. (g) Names of EMS and/or AFD personnel on scene that cares for any person, if applicable. Name of any medical facility that any person is transported to, if applicable. (h) 418.6.3 FOSTER HOME LOCATIONS In addition to the required incident report, an officer who investigates a family violence incident, or who responds to a disturbance call that may involve family violence, shall make an oral or electronic report to the Department of Family and Protective Services within 24 hours if the location of the incident or call, or the known address of a person involved in the incident or call, matches the address of a current licensed foster home or a verified agency foster home as listed in the Texas Crime Information Center (Tex. Code of Crim. Pro. art. 5.05(a-1)). 418.7 SUPERVISOR RESPONSIBILITIES Supervisors shall: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Family Violence - 358 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

359 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Family Violence (a) Contact the Domestic Violence Unit when: 1. Serious or life-threatening injuries are sustained, regardless of whether an arrest is made. 2. A crime scene is complex and may require a response and/or the assistance of a unit detective (ex. search warrant, high profile cases, etc.). Any family violence incident involving a barricaded subject where SWAT is 3. responding. (b) Contact the appropriate Investigative Unit when there is an arrest situation involving a juvenile victim 14 years of age or younger. (c) Determine whether to authorize the following types of family violence arrests: 1. Multiple arrest situations when the primary aggressor can not be determined; or 2. No arrest is made at the scene; or 3. Assault by contact or assault by threat arrests from inside a residence. (d) Provide guidance to responding officers on procedural/policy questions that may surface during an on-scene investigation. The Domestic Violence Unit on-call investigator shall not be utilized for this purpose (ex. elements for an offense, authority to arrest, what title code to use, etc.). (e) Review family disturbance and dating disturbance reports to ensure the reports do not meet the qualifications of a criminal offense and clear said reports administratively. Should a criminal offense be reported, supervisors shall ensure the correct title code is added and the report is routed to the appropriate Investigative Unit. Notification simply due to a felony offense occurring or a felony arrest being made is not required. Should an officer or supervisor determine or feel that a notification to the Domestic Violence Unit in these situations is necessary, such notification should be made via email at [email protected] Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 359 Family Violence - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

360 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 419 Protective Orders 419.1 PURPOSE AND SCOPE Victims of family violence are entitled by law to protection from harm or abuse and the threat of harm or abuse. Various types of orders may be issued by various courts in family violence cases. 419.2 PROTECTIVE ORDERS AND BOND CONDITIONS (a) Protective orders and bond conditions set by a court may prohibit a person found to have committed family violence from (Tex. Fam. Code 85.022): 1. Committing family violence. Communicating: 2. Directly with the protected person or a member of the family or household in (a) a threatening or harassing manner; (b) A threat through any person to the protected person or a member of the family or household; In any manner with a member of the family or household except through the (c) party's attorney or a person appointed by the court. Going to or near the residence, place of employment or business of the protected or 3. a member of the family or household of the protected person. 4. Going to or near the residence, child care facility, or school of a child protected under the order where the child normally attends or in which the child normally resides. Engaging in conduct directed specifically toward the protected person or a member 5. of the family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person. Possessing a firearm unless the person is a peace officer, as defined by Penal Code 6. 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political division. 419.2.1 EMERGENCY PROTECTIVE ORDERS A magistrate may issue an emergency protective order (EPO) against a defendant at the defendant's initial appearance before the magistrate, if the defendant is under arrest for family violence, sexual assault, aggravated sexual assault, or stalking. The order may be issued on the magistrate's own motion, or on request of the victim, the guardian of the victim, a peace officer, or the attorney representing the State (Tex. Code of Crim. Proc. art 17.292). (a) An EPO may be effective for a period: Between 31-61 days; or 1. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 360 Protective Orders - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

361 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Protective Orders Between 61-91 days if the suspect used or exhibited a deadly weapon during the 2. assault. (b) A violation of an EPO is included in Penal Code § 25.07. EPO's for victims of family violence shall be filed by officers as outlined in Policy 418 (Family (c) Violence). 419.2.2 TEMPORARY EX-PARTE ORDERS Temporary ex-parte orders are issued by the court when the court finds there is a clear and present danger of family violence contained in the application for a protective order. The court, without further notice to the individual alleged to have committed family violence and without a hearing, may enter a temporary ex-parte order for the protection of the applicant or any other member of the family or household of the applicant (Tex. Fam. Code § 83.001). (a) Temporary ex-parte orders may be effective for a period not to exceed 20 days. (b) A violation of a temporary ex-parte order is included in Penal Code § 25.07 but only after it has been served to the person named in the order. 419.2.3 FINAL PROTECTIVE ORDERS A final protective order is designed to protect victims of violence by stopping violent and harassing behavior for a longer period of time (Tex. Fam. Code § 85.021). Final protective orders issued by a court may be effective for the following time periods: (a) 1. A period not to exceed two years; or 2. If a period is not stated in the order, until the second anniversary of the date the order was issued; or If the respondent is in prison on the date the protective order is set to expire, the 3. expiration date is extended for one year from the date the respondent is released. (b) A violation of a final protective order is included in Penal Code § 25.07. 419.2.4 BOND CONDITIONS Judges and magistrates can attach conditions to a bond set in a family violence case preventing certain actions. A violation of a bond condition is included in Penal Code § 25.07. 419.3 ENFORCEMENT PROCEDURES Court orders that are enforceable by law enforcement are (a) Emergency protective orders. Final protective orders. (b) (c) Temporary ex-parte orders after they have been served to the person named in the order. Certain bond conditions. (d) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 361 Protective Orders - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

362 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Protective Orders Valid out-of-state and tribal court protective orders (Tex. Fam. Code § 88.004). (e) 419.3.1 VERIFICATION OF ORDER Whenever a complainant advises of the existence of a protective order, officers shall immediately attempt to determine the following: If a protective order exists through the following means: (a) 1. The complainant has a certified or official court copy of a protective order in his possession. A protective order is on file via NCIC, TCIC, or APD Central Records. Temporary ex- 2. parte orders are not entered into TCIC or NCIC and can only be verified by checking through APD Central Records. If the protective order is valid by checking the termination or expiration date of the order, or (b) whether the order has been vacated by the court. Temporary ex-parte orders must have been served prior to enforcement action in 1. order for them to be valid. Service of temporary ex-parte orders can only be verified by checking through APD Central Records. If a violation of the protective order has occurred by checking: (c) 1. The terms of the protective order; and 2. The location of the protected address. Some orders specify the applicant's county of residence rather than a specific (a) street address. This attempt by the court to further protect the applicant does not invalidate the order's protection of the residence address. In these cases, if a residence appears to be the applicant's home, it shall be considered the protected address and the order will be enforced accordingly. (d) Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should utilize all reasonably available resources to confirm the validity of the order. 419.3.2 ARREST GUIDELINES Officers must carefully read a protective order prior to taking enforcement action to verify the details of the prohibited conduct and that the order is still in effect. No person can grant the subject of a protective order permission to violate any tenet of the (a) order, including a law enforcement officer or the victim. (b) The protected person cannot be arrested for personally violating any tenet of the order. If it is found that a person has violated a court order, the following arrest guidelines apply: (c) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 362 Protective Orders - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

363 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Protective Orders An arrest shall be made when an officer witnesses a violation of any enforceable 1. court order. (Tex. Court of Crim. Proc. art. 14.03(b)). 2. An arrest should be made when an officer has probable cause to believe a violation of any enforceable court order has been committed (Tex. Code of Crim. Proc. art. 14.03(a)(3)). In the event the suspect is no longer at the scene, officers shall document the incident in (d) a report for follow-up investigation. 419.3.3 WHEN ORDER IS NOT VERIFIABLE If the victim is not in possession of the protective order and/or for any reason the officer cannot verify the validity of the order, the following action shall be taken: (a) Write a report and give the report number to the victim. Inform the victim of how to contact the appropriate Investigative Unit for further action. (b) 419.4 REPORTING When officers investigate a family disturbance or similar incident and are informed that any person has violated a protective order, officers shall initiate an incident report regardless of whether an arrest is made. (a) Officers shall use the appropriate title code to the incident report: 1. Viol of Bond Conditions (3006). 2. Viol Temp Ex Parte Order (3007). 3. Viol of Emerg Protective Order (3008). Viol of Protective Order (3009). 4. Viol PO / Sexual Assault Victim (3010). 5. Viol of Court Order - Non EPO/PO (2008) - When the incident is of a civil nature 6. (e.g., restraining order, child custody). Officers should document the identifying information of the protective order (e.g., order (b) number, effective dates, judge's name) in the narrative. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 363 Protective Orders - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

364 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 420 Sexual Assault 420.1 PURPOSE AND SCOPE This policy will establish a procedure by which officers shall investigate and report sexual assault related crimes. 420.2 INVESTIGATION CONSIDERATIONS 420.2.1 INITIAL INTERVIEW WITH THE VICTIM Officers shall adhere to the following guidelines when conducting an initial interview of a victim involved in a sexual assault. (a) The physical well-being of the victim takes precedence in the initial response by officers. If the victim requires medical attention, the officer will summon EMS to the scene. (b) Officers shall contact a Victim Services Unit. (c) Officers shall conduct the interview of the victim with dignity and respect, being mindful that the victim has experienced a traumatic event. 1. Officers should make every attempt to maintain the victim's privacy and protect the integrity of the investigation. 2. Officers should not interview a victim 12 years of age or younger; these interviews shall be done by an investigator from the appropriate Investigative Unit. However, if the victim made an "outcry" statement to an adult, the officer should identify and interview the adult, if possible. 3. Officers will not ask a victim if they want to prosecute (the suspect / crime); this inquiry is premature. (d) Officers shall provide the victim with the information outlined in this policy on the SAFE (Sexual Assault Forensic Exam). If the victim consents to the exam, approval shall be at the discretion of the Sex Crimes investigator. Once a sexual assault or attempted sexual assault has been reported and one or more of (e) the following have been identified: There is a crime scene 1. A suspect is detained and/or 2. The victim has agreed to a SAFE 3. Officers shall contact the on-call Sex Crimes Investigator and fully brief him/her on the incident. The investigator will determine if there is a need to respond to the scene. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Sexual Assault - 364 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

365 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Sexual Assault f. Officers should contact a Crime Scene Unit when a crime scene or evidence is present. Officers should be mindful that there are multiple crime scenes in a majority of sexual assaults; the victim, the suspect and the actual scene itself. 420.2.2 INVESTIGATIVE UNIT RESPONSIBILITY When conducting a preliminary investigation of an alleged sexual assault, officers shall contact the appropriate Investigative Unit for assistance: - If the victim is 16 years of age or younger. (a) Child Abuse Unit - If the victim is 17 years of age or older. (b) Sex Crimes Unit 420.3 SEXUAL ASSAULT FORENSIC EXAM INFORMATION (a) Officers will explain the following information to the victim concerning the Sexual Assault Forensic Examination (SAFE) to allow them to make an informed decision about having the exam conducted. A SAFE is not mandatory, but is strongly recommended. 1. 2. The SAFE provides medical attention necessary for emergency and preventative treatment. Additionally, the examination allows for the collection and documentation of valuable forensic evidence. 3. Charges for the SAFE shall be paid for by the City of Austin and not billed to the victim. However, all other charges shall be the responsibility of the victim. 4. Officers should suggest that victims bring a change of clothing to the hospital if they are wearing the clothing they had on during the assault. Officers should explain that the clothing worn during the assault will be collected by the nurse for evidentiary purposes. Whether or not a victim has bathed, showered, or douched does not preclude the 5. exam from being conducted. 6. If the victim needs to urinate prior to the start of the SAFE, officers should obtain a sterile container from hospital personnel and give it to the victim so the victim's urine can be collected and preserved as evidence. Officers should determine if the victim, a person authorized to act on behalf of the victim (b) or an employee of the Department of Family and Protective Services, will consent to the forensic examination, as appropriate (Tex. Code of Crim. Pro. art. 56.06). If the consent is given, officers shall request authorization from the appropriate Investigative Unit. (c) Generally, exams shall be approved if the incident occurred within 120 hours. However, if a sexual assault is not reported within 120 hours, the Investigative Unit may still authorize a medical examination. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 365 Sexual Assault - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

366 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Sexual Assault 420.3.1 PREFERRED HOSPITAL FOR FORENSIC EXAM The gender and age of the victim shall determine the preferred hospital for the examination. However, the victim may choose a particular hospital as long as it is within the city limits of Austin. (a) The preferred hospitals are: 1. St. David's Hospital Any adult victim. (a) (b) Males who are 12 and older. Females who have started their menstrual cycle. (c) 2. Dell Children's Hospital: (a) Males under the age of 12. (b) Females who have not started their menstrual cycle. (b) The charge nurse at St. David's Hospital will be given the incident number upon arrival. This is to ensure the SANE (Sexual Assault Nurse Examiner) is contacted and can respond to the hospital in a timely manner. 420.3.2 CLOTHING COLLECTION AS FORENSIC EVIDENCE (a) Officers should attempt to gather clothing worn by victims during the time the sexual assault occurred for evidentiary purposes when victims do not consent to a forensic exam or are no longer wearing the clothing they were wearing at the time the sexual assault occurred. (b) Proper handling of evidence can be found in Policy 618 (Property and Evidence Collection Procedures). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Sexual Assault - 366 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

367 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 422 Elder Abuse 422.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this department with direction and understanding of their role in the prevention, detection and intervention in incidents of elder abuse. It is the policy of the Austin Police Department to treat reports of violence against elderly persons as a high priority criminal activity that is to be fully investigated regardless of the relationship between the victim and the suspect(s) (Tex. Hum. Res. Code § 40.0527). 422.2 DEFINITIONS For purposes of this policy, the following definitions are provided (Tex. Hum. Res. Code § 48.002). - A person with a mental, physical or developmental disability that substantially Dependent Adult impairs the person's ability to provide adequately for the person's own care or protection, and who is 18 years of age or older. - Any person 65 years of age or older. Elder Abuse - (a) The negligent or willful infliction of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical or emotional harm or pain to an elderly or disabled person by the person's caretaker, family member or other individual who has an ongoing relationship with the person. (b) Sexual abuse of an elderly or disabled person, including any involuntary or non-consensual sexual conduct that would constitute an offense under Section 21.08, Penal Code (indecent exposure) or Chapter 22, Penal Code (assaultive offenses), committed by the person's caretaker, family member, or other individual who has an ongoing relationship with the person. Exploitation - The illegal or improper act or process of a caretaker, family member or other individual who has an ongoing relationship with the elderly or disabled person, using the resources of an elderly or disabled person for monetary or personal benefit, profit or gain without the informed consent of the elderly or disabled person. - A public or private agency, corporation, board or organization Protective Services Agency that provides protective services to elderly or disabled persons in the state of abuse, neglect or exploitation. Neglect - The failure to provide for one's self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain, or the failure of a caretaker to provide such goods or services. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Elder Abuse - 367 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

368 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Elder Abuse 422.3 MANDATORY REPORTING REQUIREMENTS The Austin Police Department is considered a mandated reporter. If during the course of an investigation an officer has cause to believe that the elderly or disabled person has been abused, neglected or exploited by another person in a manner that constitutes a criminal offense under any law, the officer shall take a report and notify the appropriate state agency (Tex. Hum. Res. Code § 48.051). 422.4 OFFICER'S RESPONSE All incidents involving actual or suspected elder and dependent abuse shall be fully investigated and appropriately documented. 422.4.1 INITIAL RESPONSE Officers may be called upon to make a forced entry as the first responders to the scene of a suspected elder abuse case. Entry should be immediate when it appears reasonably necessary to protect life or property. When the need for an emergency entry is not evident, officers should seek supervisory approval. Officers must be prepared to provide emergency care pending the arrival of medical personnel, if medical personnel not already present. 422.4.2 STABILIZE THE SITUATION Officers must quickly assess the situation to ensure the immediate safety of all persons. Officers shall also consider the following: (a) Attempt to identify the victim, suspect and witnesses as well as the roles and relationships of all parties. Parties should be interviewed separately when possible. Frequently it is wrongfully assumed that elderly persons are incapable of accurately reporting the incident. Do not automatically discount the statement of an elderly person. (b) Preserve the crime scene where evidence may be present. All persons should be removed from the scene until it has been photographed and processed. Any evidence that may change in appearance, such as injuries, should be photographed immediately. (c) Assess and define the nature of the problem. Officers should assess the available information to determine the type(s) of abuse that may have taken place or the potential for abuse in the future that may be eliminated by law enforcement intervention. Make on-scene arrests when appropriate. Immediate arrest of an abuser (especially when (d) the abuser is a family member or caretaker) may leave the elderly victim without necessary support and could result in institutionalization. The effect of an arrest on the victim should be considered and weighed against the assessed risk and the competent victim's desires. The present and future safety of the victim is of utmost importance. 422.4.3 SUPPORT PERSONNEL The following person(s) should be considered if it appears an in-depth investigation is appropriate: (a) Patrol supervisor. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 368 Elder Abuse - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

369 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Elder Abuse Investigative personnel. (b) Evidence collection personnel. (c) (d) APD Victim Services. (e) Adult Protective Services. 422.4.4 PROTECTIVE ORDERS AND EMERGENCY PROTECTIVE ORDERS In any situation which an officer reasonably believes that an elder or Dependant adult is in immediate and present danger of abuse based on an allegation of a recent incident of abuse or threat of abuse (other than financial abuse alone), the officer may contact Adult Protective Services and request that they obtain a protective order against the person alleged to have committed or threatened such abuse if that person is not in custody. Refer to Policy 418 (Family Violence) for guidelines on filing an EPO on any incident where a suspect is arrested and it is clear there has been family violence against an elder or dependent adult. 422.5 ELDER ABUSE REPORTING Every allegation of elder abuse shall be documented. When documenting elder/dependent abuse cases, the following information should be included in the report: • Current location of the victim Victim's condition/nature and extent of injuries, neglect or loss • • Names of agencies and personnel requested and on-scene Any information that indicates a victim or critical witness may suffer from a health condition • that may warrant an expedited investigation/prosecution or the preservation of testimony under Tex. Code of Crim. Pro. art. 39.025 Reporting of cases of elder/dependent abuse is confidential and will only be released in accordance with the Security and Release of Records and Information Policy. 422.6 ELDER ABUSE IN A CARE FACILITY Officers investigating allegations relating to the abuse, neglect or exploitation of an elderly or disabled person in a care facility or under the care of a facility shall notify the Texas Department of Health regardless of whether a crime report was taken (25 Tex. Admin. Code § 1.205). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Elder Abuse - 369 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

370 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 424 Child Abuse 424.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines and procedures for reports of suspected child abuse and the taking of minors into protective custody. 424.2 DEFINITIONS For purposes of this section the following definitions are provided: Child - A person who is under 18 years of age (Tex. Fam. Code § 101.003). Abuse - Includes the following acts or omissions by a person (Tex. Fam. Code § 261.001): Mental or emotional injury to a child that results in an observable and material impairment (a) in the child's growth, development or psychological functioning. Causing or permitting the child to be in a situation in which the child sustains a mental or (b) emotional injury that results in an observable and material impairment in the child's growth, development or psychological functioning. Physical injury that results in substantial harm to the child, or the genuine threat of substantial (c) harm from physical injury to the child, including an injury that is at variance with the history or explanation, given and excluding an accident or reasonable discipline by a parent, guardian or managing or possessory conservator, that does not expose the child to a substantial risk of harm. (d) Failure to make a reasonable effort to prevent an action by another person that causes physical injury that results in substantial harm to the child. Sexual conduct harmful to a child's mental, emotional or physical welfare, including conduct (e) that constitutes the offense of continuous sexual abuse of a young child or children under Tex. Penal Code § 21.02, indecency with a child under Tex. Penal Code § 21.11, sexual assault under Tex. Penal Code § 22.011 or aggravated sexual assault under Tex. Penal Code § 22.021. (f) Failure to make a reasonable effort to prevent sexual conduct harmful to a child. (g) Compelling or encouraging a child to engage in sexual conduct as defined by Tex. Penal Code § 43.01. (h) Causing, permitting, encouraging, engaging in or allowing the photographing, filming or depicting of the child if the person knew or should have known that the resulting photograph, film or depiction of the child is obscene as defined by Tex. Penal Code § 43.21 or pornographic. (i) The current use by a person of a controlled substance as defined by Tex. Health and Safety Code Chapter 481, in a manner or to the extent that the use results in physical, mental or emotional injury to a child. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 370 Child Abuse - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

371 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Child Abuse Causing, expressly permitting or encouraging a child to use a controlled substance as (j) defined by Tex. Health and Safety Code Chapter 481, or causing, permitting, encouraging, engaging in or allowing a sexual performance by a child as defined by Tex. Penal Code § 43.25. 424.3 MANDATORY NOTIFICATION When this department receives a report of abuse occurring at the facilities listed below, notification shall be made promptly to the licensing office with jurisdiction over the facility. A state operated, licensed or certified facility (Tex. Fam. Code § 261.103). (a) (b) A report of the death of a child who was, at the time of death, living at, enrolled in or regularly attending a facility licensed by the state to care for children, unless the circumstances of the child's death are clearly unrelated to the child's care at the facility. Additionally, an immediate notification is required to the appropriate licensing agency if the suspected child abuse occurs while the child is being cared for in a child-day care facility, involves a child-day care licensed staff person or occurs while the child is under the supervision of a community care facility licensee or staff person. 424.4 FAMILY VIOLENCE RELATED CHILD ABUSE Officers should follow the guidelines outlined in Policy 418 (Family Violence) on the proper investigation and notification procedures for allegations of child abuse and/or excessive discipline. 424.5 SEXUAL ASSAULT RELATED CHILD ABUSE Officers should follow the guidelines outlined in Policy 420 (Sexual Assault) on the proper investigation and notification procedures for sexual assaults involving children. 424.6 TAKING POSSESSION OF A CHILD IN EMERGENCY OR OTHER SITUATIONS If there is no time to obtain a court order, a child may be taken into protective custody if an officer determines emergency circumstances described by Tex. Fam. Code § 262.104 exist. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody, and articulate the facts indicating why an immediate danger to the child may exist. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian unless it reasonably appears that the release would endanger the minor or result in abduction. If this is not a reasonable option, the officer shall ensure the minor is delivered to the appropriate child welfare authority. An officer may take possession of a child without a court order on the voluntary delivery of the child by the parent, managing conservator, possessory conservator, guardian, caretaker or custodian Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 371 Child Abuse - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

372 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Child Abuse who is presently entitled to possession of the child (Tex. Fam. Code § 262.004). The officer should contact a supervisor as soon as practicable upon taking possession of a child under this authority. An officer may take possession of a child when, during a criminal investigation relating to the child's custody, the officer believes that someone may flee or conceal that child (Tex. Fam. Code, § 262.007). The officer should contact a supervisor as soon as practicable upon taking possession of a child under this authority. Supervisors who have been made aware that a child has been taken into an officer's possession should make reasonable inquiries to ensure the possession is lawful and that the Department of Family and Protective Services (DFPS) will be contacted when appropriate. 424.7 CHILD SAFETY CHECK ALERT LIST The Texas Department of Public Safety has created a Child Safety Check Alert List as part of the Texas Crime Information Center to help locate a family for purposes of investigating a report of child abuse or neglect (Tex. Fam. Code § 261.3022 (a)). An officer who encounters either a person alleged to have abused or neglected a child, or a child on the alert list who is the subject of a report of child abuse or neglect that the state is attempting to investigate, shall request information from the person or the child regarding the child's well- being and current residence (Tex. Fam. Code §261.3023 (a)). The officer should investigate as to whether it is appropriate to take possession of the child without a court order under Tex. Fam. Code § 262.104 and Policy § 424.6 above. The officer should inform a supervisor as soon as practicable when a child on the Texas Crime Information Center's Child Safety Check Alert List is located. The circumstances shall be documented in an appropriate report. The officer shall contact the Texas Crime Information Center and advise that the child has been located and shall provide the case number related to the incident. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Child Abuse - 372 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

373 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 426 Missing Persons 426.1 PURPOSE AND SCOPE This policy describes the procedure for acceptance, reporting, documenting and investigating missing persons. State law, as well as federal law under 42 USC 5779(a), specify certain requirements relating to missing persons (Tex. Code of Crim. Pro. art. 63.002 et. seq) 426.1.1 DEFINITIONS For purposes of this section the following definitions are provided (Tex. Code of Crim. Pro. art. 63.001): Missing Person - A person 18 years of age or older who cannot be located and the circumstances surrounding the disappearance are unknown. - A person under 18 years of age (For purposes of federal law, a child is considered any Child person under 21 years of age). Missing Child - A child whose whereabouts are unknown to the child's legal custodian, the circumstances of which indicate that: The child did not voluntarily leave the care and control of the custodian, and the taking of (a) the child was not authorized by law. (b) The child voluntarily left the care and control of his legal custodian without the custodian's consent and without intent to return (e.g., runaway). (c) The child was taken or retained in violation of the terms of a court order for possession of, or access to, the child (e.g., Interference with Child Custody, Enticing a Child, Harboring a Runaway). - A person who is missing (Tex. Code of Crim. Pro. art. 63.051(5)): High-Risk Missing Person As a result of an abduction by a stranger; or (a) Under suspicious or unknown circumstances; or (b) More than 30 days; or (c) (d) Less than 30 days if there is reason to believe that the child or person is in danger of injury or death. 426.2 INVESTIGATIONS GUIDELINES Upon arrival to a missing person call, officers shall: Completely identify and interview the complainant to determine the circumstances (a) surrounding the disappearance, along with the last person to have seen or been in contact with the missing individual. (b) Verify the person is missing, especially in the case of a child, by conducting a thorough search of immediate area where the individual was last seen or known to have been. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Missing Persons - 373 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

374 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Missing Persons Obtain a complete description of the missing individual, consisting of, but not limited to: (c) 1. Full name. Date of birth. 2. Race/Sex. 3. 4. Hair color and length. 5. Eye color. Height and weight. 6. 7. Last known clothing description. 8. Scars, body markings, or tattoos. (d) Attempt to obtain the following items and forward them to the Missing Persons Unit: A color photograph of the person. 1. A birth certificate if the child is under 11 years of age. 2. Identify the missing person's zone of safety to determine how far the individual could travel (e) from the location before he would most likely be at risk of injury or exploitation. In the case of a missing child, confirm custody status to determine possible role in the (f) disappearance (e.g., parental kidnap, interference with custody, enticing a child). (g) In the case of dementia or senile patients, determine last known location that the patient would indicate if asked by a citizen where they were living. 426.2.1 SPECIAL CIRCUMSTANCES (a) Officers will contact their supervisor if the missing individual fits any category outlined below: 1. Aged or senile adults that require continuous supervision by a care-giver and are not capable of being left unsupervised. 2. Aged or senile adults 65 or over with a documented mental or medical impairment which imminently creates a threat to personal safety. 3. Children under age 12. Mentally or physically handicapped individuals whose impaired ability would create 4. an imminent risk to their safety and well-being. Suicidal persons who are missing after immediately taking threatening actions 5. against their life or making imminent threats to harm themselves. 6. Individuals with a medical condition or an immediate need for medication which creates an imminent risk to their safety and well-being. If kidnapping or foul play is feared in the individual's disappearance. 7. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Missing Persons - 374 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

375 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Missing Persons Supervisors will review the incident to determine if it meets the requirements for an AMBER (b) or Silver Alert and notify the appropriate Investigative Unit as outlined in this policy. Final approval for an AMBER or Silver Alert rests with the appropriate Investigative Unit. Supervisors will contact the Missing Persons Unit, or the appropriate Investigative Unit if an (c) Alert System activation is required to make a determination as to what type of field search effort will be undertaken. Factors to be considered are: 1. Length of time that has passed since the disappearance. (a) (b) Age and mobility of the missing person. (c) Infirmity and/or need for medication. (d) Suspicious circumstances (foul play feared). Field searches that may be used include, but are not limited to: 2. (a) Door-to-door (foot search making contact with residents). Neighborhood canvas (larger scale foot and vehicle search). (b) (c) Use of the Canine Unit. (d) Use of Air Support as outlined in Policy 504 (Air Operations and Air Support). 426.3 MISSING PERSONS REPORTING 426.3.1 INCIDENT REPORT Officers shall initiate an incident report for all individuals alleged to be missing. If the missing person does not meet one of the special circumstances listed above, officers (a) shall: 1. Initiate an incident report titled Request to Locate if the missing person is an adult; and 2. Initiate an incident report titled Runaway Child if the missing person is a runaway. If the missing person does meet one of the special circumstances, officers shall initiate an (b) incident report with the appropriate title related to the circumstance. 426.3.2 COMMUNICATIONS NOTIFICATION Communications will enter missing person's information into NCIC at the time the report is taken if the disappearance involves a missing child, any person under the age of 21, and/or is under suspicious circumstances. (a) Officers must provide the following information: Name, race, sex, date of birth; and 1. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 375 Missing Persons - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

376 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Missing Persons Physical description; and 2. 3. Clothing description; and Physical/Mental disabilities/infirmities; and 4. Unusual circumstances; and 5. 6. Vehicle information, if applicable. (b) Central Records personnel shall notify the U.S. Department of Justice and the National Crime Information Center within two hours after accepting the report (42 U.S.C. § 5779(a) and 42 U.S.C. § 5780(3)). 426.4 AMBER AND SILVER ALERTS 426.4.1 AMBER ALERT AMBER™ Alert is the recruitment of public assistance to locate an abducted child via a widespread media alert. Utilizing the assistance of local radio, television and press affiliates, the public will be notified of the circumstances of a child's abduction and how they can assist law enforcement in the child's recovery. The goal of the AMBER Alert program is the safe return of an abducted child by establishing an effective partnership between the community, the media and law enforcement (37 Tex. Admin. Code § 9.21). Abducted Child (a) 1. A child 17 years of age or younger whose whereabouts are unknown and whose disappearance poses a credible threat to the safety and health of the child, as determined by a local law enforcement agency (Tex. Gov't Code § 411.351(1)). 2. Abduction includes a child who is younger than 14 years of age who departed: Willingly with someone who is more than three years older than the child; and (a) (b) Without the parent or legal guardian's permission; and (c) With a person who is not an immediate relative of the child as defined by Subchapter B, Chapter 573, Tex. Gov't. Code. of the following criteria are met (Tex. Gov't (b) all An AMBER Alert can only be implemented if Code § 411.355 and Tex. Gov't Code § 411.356): (a) There is reason to believe that a child 17 years of age or younger has been abducted; and (b) It is believed that the abducted child is in immediate danger of serious bodily injury or death or of becoming the victim of a sexual assault; and (c) A preliminary investigation has taken place that verifies the abduction and eliminates alternative explanations for the child's disappearance; and Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Missing Persons - 376 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

377 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Missing Persons (d) There is sufficient information available to disseminate to the public that could assist in locating the child, a person suspected of abducting the child or a vehicle suspected of being used in the abduction. 426.4.2 SILVER ALERT The Silver Alert Network was developed as a statewide emergency response system for certain missing senior citizens. The network is designed to be activated when missing senior citizens with a diagnosed impaired mental condition poses a credible threat to their health and safety (37 Tex. Admin. Code § 9.31(a)). (a) Definitions 1. Diagnosed Impaired Mental Condition - A mental condition or disorder as defined by the current version of the Diagnostic and Statistical Manual as a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or disability or with a significantly increased risk of suffering death, pain, disability or an important loss of freedom. In addition, this individual's current condition presents a level of impairment significant enough to pose a credible threat to the individual's health and safety. The condition, e.g., Alzheimer's disease or dementia, shall be documented by a medical or mental health professional (37 Tex. Admin. Code § 9.31(b)). 2. - A person who is 65 years of age or older (Tex. Gov't Code § Senior Citizen 411.381(3)). (b) The Department may issue a Silver Alert if (Tex. Gov't Code § 411.386): The person reported missing is 65 years of age or older. 1. 2. The senior citizen's location is unknown. 3. The senior citizen's domicile is in Texas. The senior citizen has an impaired mental condition. 4. It is determined that the senior citizen's disappearance poses a credible threat to the 5. senior citizen's health and safety. The Silver Alert request is made within 72 hours of the senior citizen's disappearance. 6. There is sufficient information available to disseminate to the public that could assist 7. in locating the senior citizen. 426.4.3 ALERT PROCEDURES In the event of a confirmed missing person that meets the criteria for an AMBER or Silver Alert, the following procedure shall be followed: Employees shall notify their supervisor. (a) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Missing Persons - 377 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

378 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Missing Persons (b) Supervisors shall notify the appropriate Investigative Unit supervisor to request an Alert System activation: 1. For an AMBER alert, supervisors will notify the Missing Persons or Homicide Unit to determine if the circumstances meet the criteria for an AMBER alert, as appropriate. The Missing Persons and/or Homicide Unit will handle the alert notification procedure. 2. For a Silver alert, supervisors will contact the Missing Persons Unit to determine if the circumstances fit the criteria for a Silver alert. The Missing Persons Unit will handle the alert notification procedure. The Public Information Office should be notified. (c) An initial press release shall be prepared by PIO or the Investigative Unit as soon as (d) practicable to include: 1. The person's identity, age and description. Photograph, if available. 2. Pertinent vehicle description. 3. Suspect information, if applicable. 4. 5. Details regarding location of incident, direction of travel, potential destinations, if known. Name and phone number of the authorized media liaison. 6. 7. A telephone number for the public to call in with leads/information. (e) Fax the press release to local law enforcement agencies, television, and radio stations. PIO or the Investigative Unit shall prepare follow-up press releases with updates regarding (f) the search and investigation, or immediately upon locating the missing person. 426.4.4 EXTENSION OF ALERT If it is determined that an extension beyond the initial 24 hours is needed, the Investigative Unit supervisor should contact the State Operations Center during the 23 hour reminder. 426.4.5 TERMINATION OF ALERT An Alert system activation should be terminated with respect to a particular missing person if: The missing person is located or the situation is otherwise resolved; or (a) (b) It is determined that the AMBER Alert system is no longer an effective tool for locating and recovering the missing child; or The Silver Alert notification period ends. (c) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Missing Persons - 378 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

379 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Missing Persons 426.5 MISSING PERSONS LOCATED A missing persons investigation may be concluded when the missing person is located or when another agency accepts the case and formally assumes the investigative responsibilities. (a) Runaways 1. Refer to Policy 317.3.1.c (Handling Juveniles) on how to properly recover juvenile runaways. All Other Missing Persons (b) 1. Officers that locate all other missing persons or respond to the scene of a located missing person shall immediately notify Communications and advise them to cancel any BOLO, NCIC, TCIC, and the state clearinghouse (Tex. Code of Crim. Pro. art. 63.009(f)). (a) If the person recovered is 18 years of age or older, the officer's responsibility is to confirm that the person is safe. (b) Officers shall not divulge the location of a located person 18 years of age or older if the located person requests his location not be disclosed to anyone unless there is a court order that places that person in the care and custody of another. Officers shall document the recovery as follows: 2. (a) Complete a supplement to the original incident report if the missing person originated from APD; or (b) Complete an incident report if the missing person originated from another agency. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Missing Persons - 379 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

380 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 427 Exigent Mobile Phone Ping Requests 427.1 PURPOSE AND SCOPE Case law has determined that pinging a mobile phone is the equivalent of conducting a search; therefore, probable cause must exist prior to obtaining ping results. A court order, signed by a district judge, must be obtained prior to pinging a mobile phone, except under exigent circumstances. This policy outlines the procedure for officers wishing to use a mobile phone ping in emergency (exigent) situations. 427.2 EXIGENT MOBILE PHONE PING REQUESTS Some examples of incidents that may qualify for an exigent mobile phone ping are: (a) Active kidnappings. (b) Missing or suicidal subjects who threaten another person with death or exposes another person to substantial risk of serious bodily injury. Attempted suicide or threat of suicide alone does not meet the exigency requirement established by the CCP. Officers must be able to articulate that a criminal offense has occurred or will occur, and that an “immediate life threatening situation” exists. The CCP defines an “immediate life threatening situation” as threatening another with death, or exposing another to serious bodily injury. (c) Aggravated Crime Sprees within a short amount of time (e.g., multiple robberies involving shootings within an hour of each other). 427.2.1 EXIGENCY REQUIREMENTS Officers requesting a mobile phone ping in emergency situations shall adhere to the following guidelines. Exigent mobile phone ping request must meet all of the following requirements: (a) An immediate threat of serious injury or loss of life of another person; and (b) Reason to believe a criminal offense is, or will be, involved; and (c) There is no time to obtain a court order; and (d) Belief that the phone number is subscribed to or is in possession of the suspect or victim and/or is likely to determine the location of the suspect or victim; and (e) Other means to locate suspect have been attempted and were unsuccessful and/or employing other means would create a substantial risk of serious injury or loss of life to the officer or another if attempted. 427.2.2 REQUESTING AN EXIGENT MOBILE PHONE PING Officers shall contact their supervisor when requesting an exigent mobile phone ping that: (a) has originated from a non-911 source and (b) meets all the exigency requirements: Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 380 Exigent Mobile Phone Ping Requests - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

381 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Exigent Mobile Phone Ping Requests 1. The unit ultimately responsible for investigation of the incident (i.e. Homicide for kidnappings. Missing Persons for endangered missing, Robbery, etc.) shall be contacted and briefed about the events leading up to the ping request. The investigating unit shall obtain permission/approval from a designated detective (a detective who has been authorized by the Travis County District Attorney's Office) to determine if the request shall be approved. The designated investigator list is kept on file at the Watch Lieutenant's office. The Watch Lieutenant shall also be contacted and advised of the incident. 2. Once approved, if necessary, the Watch Lieutenant shall assist the designated investigator with completing and signing the Exigent Request form to be sent to the cell phone provider. The Watch Lieutenant will scan the faxed exigent request document and e-mail it to the assigned investigating detective. who will be responsible for having it placed in the case jacket. 3. Personnel from the Real Time Crime Center (RTCC) may assist with the logistics of locating the phone and relaying the location information to involved units. 427.2.3 DOCUMENTATION (a) The officer originally requesting the cell phone ping shall ensure that a detailed offense report outlining the facts and circumstances that gave probable cause to ping the phone is completed in Versadex prior to the end of their tour of duty. (b) A copy of the list of APD Police Officers authorized to declare exigent circumstances will be maintained in the Real Time Crime Center. The authorized officer (on the District Attorney’s List) approving the exigent cell phone ping (c) shall immediately notify the on-call Assistant District Attorney via the 24 hour on-call number at 512-860-2002. (d) Within 48 hours of ordering the exigent cell phone ping, the designated officer shall ensure that the applicable court order has been properly completed, delivered to the District Attorney’s Office, and signed by the appropriate judge. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Exigent Mobile Phone Ping Requests - 381 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

382 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 434 Death Investigations 434.1 PURPOSE AND SCOPE The investigation of cases involving death includes those ranging from natural causes to homicide. Some causes of death may not be readily apparent and some cases differ substantially from what they appeared to be initially. The thoroughness of death investigations cannot be emphasized enough. 434.2 INVESTIGATION CONSIDERATIONS Death investigation cases require certain actions be taken. Officers responding to the scene of a death incident shall adhere to the following guidelines: (a) Paramedics shall be called in all suspected death cases unless the death is obvious (e.g., decapitated, decomposed). Officers are not authorized to pronounce death. (b) A supervisor shall be notified in all death investigations. (c) Gather as much information regarding the incident and deceased as possible. 1. Identify the name, DOB, address and social security number of the deceased, if possible. 2. Identify the attending physician and whether he will sign the death certificate, if applicable. Identify any witness(es) to the incident. Attempt to detain witness(es) until the 3. Homicide Unit determines if any witnesses need to be interviewed. Notify the Homicide Unit to determine if the death is reportable and whether an investigator (d) from the Homicide Unit will respond. Establish a perimeter for suspicious deaths/homicides or as necessary. (e) for suspicious deaths/homicides, or as necessary, to include a (f) Initiate a Crime Scene Log list of all persons who enter the crime scene and their purpose for doing so. Contact the Travis County Medical Examiners Office and advise the investigator of the (g) circumstances of the death and the deceased persons information. The investigator shall notify the officer of who will sign the death certificate and who 1. the deceased will be released to. If the deceased can be released to a funeral home, ensure the requested funeral 2. home is notified. (h) Remain at the scene until the deceased has been removed by personnel from the Medical Examiner's Office or funeral home. (i) Document all reportable natural deaths and suspicious deaths/homicides in an incident report as outlined in this policy. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Death Investigations - 382 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

383 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Death Investigations 434.2.1 SEARCHING DEAD BODIES The Medical Examiner is generally the only person permitted to search a body that is known to be dead. The only exception is that an officer is permitted to search the body of a person killed in a traffic collision for the limited purpose of locating an anatomical donor card. If such a donor card is located, the Medical Examiner shall be promptly notified. Should exigent circumstances indicate to an officer that any search of a known dead body is warranted prior to the arrival of the Medical Examiner, the investigating officer shall first obtain verbal consent from the Medical Examiner. Whenever possible, a witness, preferably a relative to the deceased or a member of the household, should be requested to remain at the scene with the officer pending the arrival of the Medical Examiner. The name and address of this person shall be included in the narrative of the death report. The handling officer should obtain a receipt from the Medical Examiner whenever personal effects are removed from the body of the deceased. This receipt shall be attached to the death report. 434.3 REPORTABLE AND NON-REPORTABLE NATURAL DEATHS Officers should assume that an apparent natural death is reportable until the officer can determine that all qualifications for a non-reportable natural death are met and approved by the Homicide Unit. Officers shall always initiate a report entitled "Deceased Person" when responding to a reportable natural death. Reportable Natural Death (a) 1. A reportable death is a death that requires a law enforcement agency or a medical examiner to be notified and an incident report to be written. (a) Any death at a private residence is a reportable death unless the death meets the requirements of a "hospice death" as explained below. Any death of a child 17 and under is a reportable death and investigated by (b) the Homicide Unit and reviewed by the Travis County Child Fatality Review Team. (b) Nursing Home Death (a) An apparent natural death at a nursing home is not always reportable; nursing homes are considered 24 hour health care facilities. A death that occurs at a nursing home is reportable if it meets any of the conditions set forth in the Texas Code of Criminal Procedure (Art. 49.25, Sec 6 (a)). (b) An apparent natural death that occurs at an Assisted Living facility is considered an at home death and shall be reported. Hospice Death (c) (a) An apparent natural death at a qualified Hospice facility is not considered a reportable death. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Death Investigations - 383 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

384 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Death Investigations Although a private residence hospice death is a reportable death, by agreement with (b) the Travis County Medical Examiner's office, the responding officer does not need to initiate an incident report. A private residence hospice death is one that meets the following criteria: The deceased has been diagnosed by an attending physician as having a (a) terminal illness with no expectation of cure. A "Directive to Physicians" has been signed and witnessed in accordance (b) with the "Texas Natural Death Act". A registered nurse is present at the home at the time the death, or shortly (c) thereafter, to assess the condition of the deceased. The nurse notifies the attending physician immediately of the death. (d) (e) The attending physician states a willingness to sign the death certificate. The attending physician notifies the appropriate funeral home to have the (f) deceased removed from the residence. 434.4 DEATH NOTIFICATION It is normally the responsibility of the Medical Examiner's Office to make death notifications to the next-of-kin. (a) At the Medical Examiners' request and when practicable, notification to the next-of-kin may be made by the Victim Services Unit or investigative personnel. (b) If the next-of-kin lives in another jurisdiction, the law enforcement agency from that jurisdiction shall be requested to make the notification. 434.5 REPORTING GUIDELINES Officers shall include the following information when an incident report is required: Deceased persons information (e.g., name, DOB, race, sex). (a) How the body was discovered and by whom. (b) A description of the body and scene as it was found at the officers arrival. (c) (d) Any alterations to the body or the scene made by the officer or any other person (e.g., EMS, AFD). Time of death. (e) Name of physician who will sign the death certificate. (f) (g) Name of witnesses. Name and employee number of Homicide Investigator. (h) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 384 Death Investigations - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

385 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Death Investigations (i) Name(s) of Medical Examiner's personnel. (j) Next of kin information. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Death Investigations - 385 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

386 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 435 Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle 435.1 PURPOSE AND SCOPE This policy prescribes the guidelines for handling: (a) Abandoned/Junked Motor Vehicles. (b) Stolen Vehicles. (c) Unauthorized Use of Motor Vehicles. 435.2 ABANDONED/JUNKED MOTOR VEHICLES (a) Generally, routine calls regarding abandoned/junked vehicles shall not be dispatched to field officers. Communications shall obtain what information the complainant can give and forward 1. it to the Abandoned Vehicle Unit. Communications shall direct the complainant to contact the Abandoned Vehicle Unit for further assistance. 2. An officer should be dispatched to the scene if the complainant reports that the vehicle may be stolen, is creating an immediate traffic problem, or appears to have been involved in the commission of a crime. (b) When Communications and/or officers receive a complaint regarding an alleged violation of the Parking in a Front or Side Yard City Ordinance (16-5-22) they shall direct the complainant to the appropriate District Representative Unit. (c) Follow-up on all calls for service referred to the Abandoned Vehicle Unit shall become the responsibility of the Abandoned Vehicle Unit. The supervisor shall be responsible for ensuring that the proper follow-up investigation is conducted. (d) Tagging Abandoned Vehicles 1. If a field officer tags an abandoned vehicle on public property, the officer will initiate an incident report using the "Abandoned Vehicle" title code. (a) The Abandoned Vehicle Unit will be responsible for follow-up on the removal of the vehicle. 2. Field officers shall not tag abandoned vehicles on private property. Officers shall contact the Abandoned Vehicle Unit or appropriate District Representative officer for assistance with abandoned/junked vehicles on private property. Unless the vehicle is a traffic hazard, officers will not tow any tagged vehicle except as (e) authorized by the Abandoned Vehicle Unit. Abandoned, Stolen, and Unauthorized Use of Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. A Motor Vehicle - 386 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

387 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle 435.2.1 ABANDONED MOTOR VEHICLES ON UT PROPERTY (a) Abandoned Vehicles on Public Streets The University of Texas Police Department (UTPD) directly provides abandoned 1. vehicle information to the Abandoned Vehicle Unit. 2. Upon receipt, the Abandoned Vehicle Unit shall handle the complaint in the same manner as any other abandoned vehicle in the city limits. (b) Abandoned Vehicles on Private Property 1. UTPD directly provides the Abandoned Vehicle Unit with the private property affidavit signed by the owner of the property stating that the owner wants the vehicle removed. 435.3 STOLEN VEHICLES 435.3.1 STOLEN VEHICLE REPORT (a) Prior to determining if a vehicle is stolen, officers shall: 1. Determine if the alleged stolen vehicle is actually an Unauthorized Use of a Motor Vehicle (UUMV); and 2. Find out if the vehicle has been impounded or repossessed by running the license plate. (b) Stolen Vehicles 1. Officers should inform a subject reporting a stolen vehicle of the reporting and recovery process. 2. Officers shall require the subject to complete and sign an Auto Theft Affidavit. (a) If the subject refuses to sign the affidavit, the officer will inform him that the vehicle information will not be entered into TCIC/NCIC. (b) Auto Theft affidavits shall be scanned into the Xerox Workflow Scanning "Auto Theft Affidavit" folder by the end of an officer's tour of duty. (c) The original auto theft affidavit shall be sent via interoffice mail to the Auto Theft Unit. 3. Officers shall inform the subject that the assigned investigator will notify him if the vehicle is recovered. 4. Officers shall provide the complainant/victim with the incident number and the phone number to the Auto Theft Interdiction Unit. 5. Officers should inform the complainant/victim to notify 3-1-1, 9-1-1 or the Auto Theft Interdiction Unit if he recovers the vehicle so an officer can be dispatched to the scene. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Abandoned, Stolen, and Unauthorized Use of Published with permission by Austin Police Department A Motor Vehicle - 387 APD Policy Manual 2017-1.5 Issued 7/20/2017

388 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle 6. Request Communications to enter the vehicle into TCIC/NCIC and the BOLO file. (c) Stolen Vehicle Incident Report Guidelines (a) Officers shall complete an incident report titled "Auto Theft." Indicate whether the subject signed an Auto Theft Affidavit. (a) If there is one victim involving multiple stolen vehicles (e.g. Auto Dealership) then only one report incident number is required. (b) If there is more than one victim involving multiple stolen vehicles at one location (e.g. Apartment Complex) then separate incident numbers are required for each victim. 435.3.2 RECOVERING STOLEN VEHICLES When a call for service indicates a stolen vehicle has been found, or a stolen vehicle hit is (a) returned through TCIC/NCIC, confirmation shall be obtained by an officer prior to recovering the vehicle. 1. Officers shall be dispatched to all recovered stolen vehicle incidents. 2. Officers shall request Communications to have the vehicle removed from TCIC/ NCIC. 3. All confirmed and recovered stolen vehicles shall be processed for latent prints. Vehicles should be processed by a Property Crime Technician if one is on- (a) duty and available within a reasonable amount of time. A Property Crime technician shall not be left alone while processing a recovered stolen vehicle. If a Property Crime Technician is not available, the responding officer shall (b) process the recovered vehicle for prints. If a stolen vehicle is not processed at the time it is confirmed and recovered, (c) the reason must be explained in the narrative of the incident report/ supplement. 4. Confirmed stolen vehicles may be returned to the registered owner if he is present at the scene, however, they shall still be processed for latent prints. If the registered owner is not present, confirmed stolen vehicles shall be impounded 5. by the City contracted impound wrecker, regardless of its involvement in other incidents, collisions, or its condition. Recovered stolen vehicle incidents at a wrecker company other than the City 6. contracted impound wrecker shall be handled as follows: (a) The vehicle should remain at the storage lot except under unusual circumstances (e.g., investigative purposes). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Abandoned, Stolen, and Unauthorized Use of Published with permission by Austin Police Department A Motor Vehicle - 388 APD Policy Manual 2017-1.5 Issued 7/20/2017

389 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle 1. Supervisor or Investigative Unit approval is required to move the vehicle. If there is no need to move the vehicle: 2. (a) The vehicle shall be confirmed and processed at its current storage location. (b) A hold can be placed on the vehicle for the Investigative Unit involved, if needed. (b) When a recovered stolen vehicle has been processed and no hold is placed, the wrecker company may release the vehicle to the owner, lien holder or insurance company and collect accumulated fees. 7. Recovered out-of-city stolen vehicles where a suspect is present, and no local charges exist, shall be handled as follows: The request for confirmation shall include: (a) 1. All pertinent information regarding the vehicle and suspect; and Authorization to hold the suspect for that agency before officially 2. arresting the suspect. (b) The suspect shall be detained until the confirmation is received. Recovered Stolen Vehicle Incident Report Guidelines (b) If the vehicle was originally reported stolen to APD, the responding officer shall write 1. a supplement to the original incident report. If the vehicle was originally reported stolen to another law enforcement agency, the 2. responding officer will generate a new incident report titled "OOC Auto Theft". The originating agency case number should be documented in the narrative. 435.4 UNAUTHORIZED USE OF A MOTOR VEHICLE An Unauthorized Use of a Motor Vehicle (UUMV) occurs when a complainant has allowed another person to use their vehicle and the person has not returned it. Officers responding to a possible stolen vehicle incident need to determine if the complainant is aware of who is in possession of the vehicle and if the person had been given permission to use the vehicle at one point.This is a matter of current or prior permission to use the vehicle, not a matter of familiarity with the suspect. Officers responding to a UUMV incident shall take the following steps: (a) (a) Determine if the vehicle has been impounded or repossessed by running the license plate and/or VIN. Provide the complainant with the UUMV form letter and incident number. (b) Inform the complainant it is their responsibility to send the UUMV form letter by (c) certified mail with return receipt requested to the last known address of the person Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Abandoned, Stolen, and Unauthorized Use of Published with permission by Austin Police Department A Motor Vehicle - 389 APD Policy Manual 2017-1.5 Issued 7/20/2017

390 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Abandoned, Stolen, and Unauthorized Use of A Motor Vehicle who had possession or control of the vehicle. This will serve as an official notice demanding return of the vehicle within 10 days of receipt of the letter. (d) Inform the complainant the incident will remain a civil matter until the return receipt has been received and the 10 days have passed. (e) Inform the complainant that once the 10 days have passed they should contact the Auto Theft Interdiction Unit at 512-974-5265 to schedule an appointment. Advise the complainant that only after they have met with a detective and provided a sworn statement will the vehicle be entered as stolen. (b) UUMV Incident Report Guidelines 1. Officers will enter notes into the CAD call indicating who was given the UUMV form letter and their contact information. 2. Officers will ensure that the call type is changed to UUMV and clear the call 10-8-5. No written report needed. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Abandoned, Stolen, and Unauthorized Use of Published with permission by Austin Police Department A Motor Vehicle - 390 APD Policy Manual 2017-1.5 Issued 7/20/2017

391 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 436 Identity Theft 436.1 PURPOSE AND SCOPE Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This policy is intended to provide guidelines for the reporting and investigation of such crimes. 436.2 REPORTING (a) In an effort to maintain uniformity in reporting, officers presented with the crime of identity theft (Tex. Penal Code § 32.51) shall initiate a report for victims residing within Austin, regardless of where the incident occurs. While victims should make a report to the law enforcement agency where the victim resides, (b) officers of this department should investigate and report any identity theft related incident that occurs within Austin, regardless of where the victim resides (e.g., the victim lives elsewhere but the stolen credit card was used in Austin). (c) If a victim does not reside within Austin and the incident did not occur within APD jurisdiction, the officer may either take a courtesy report to be forwarded to the victim's residence agency or encourage the victim to promptly report the identity theft to the law enforcement agency where he resides. Officers should include all known incidents of fraudulent activity (e.g., credit card number (d) applied for in victim's name when the victim has never made such an application). (e) Officers should also reference all known reports made by the victim (e.g., U.S. Secret Service, credit reporting bureaus, U.S. Postal Service and Department of Public Safety, Driver License Division) with all known report numbers. (f) Officers should make a notation in the report narrative if the victim is an elderly individual, as defined by Tex. Penal Code § 22.04, since the penalty for offenses committed against an elderly individual is enhanced (Tex. Penal Code § 32.51). Following supervisory review and department processing, the initial report should be (g) forwarded to the appropriate Investigative Unit for follow-up investigation, coordination with other agencies and prosecution as circumstances dictate. 436.3 INFORMATION The victim should also contact the Federal Trade Commission, which is responsible for receiving and processing complaints under the Identity Theft and Assumption Deterrence Act. The victim http://ftc.gov or by telephone at 1-877-ID Theft (877-438-4338). can contact the FTC online at Additional information may be found at the United States Department of Justice (USDOJ) website, . http://www.usdoj.gov Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 391 Identity Theft - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

392 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 437 Criminal Trespass 437.1 PURPOSE AND SCOPE This policy outlines the procedures for handling criminal trespass situations. 437.1.1 DEFINITIONS The intrusion of the entire body. Entry - Notice - This may be in the following forms: (a) Oral or written communication by the owner or someone with apparent authority to act for the owner; or (b) A sign(s) posted on the property or at the entrance to a building where it is reasonably likely to come to the attention of intruders indicating that entry is forbidden; or (c) Fencing or any other enclosure designed to exclude intruders. - Person(s) designated as the owner or with apparent authority to act on behalf of Owner/Agent the owner (e.g., manager, custodian). 437.2 INVESTIGATION GUIDELINES For a violation to have occurred: (a) A subject must enter (or remain) in or on the property without consent of the owner/agent and the subject received notice that entry was forbidden (within one year prior to the current date); or A subject had consent to be on the property but the owner/agent has withdrawn consent (b) and the subject fails to leave. 437.2.1 ARREST AUTHORITY Officers should be familiar with Texas Penal Code 30.05 (PC 30.05) when enforcing criminal trespass offenses. Criminal trespass is not considered a breach of the peace, therefore: (a) Residents may not legally arrest for this offense (e.g., citizen's arrest). (b) No arrest for criminal trespass will be made unless the violation occurs in the officer's presence and meets the guidelines outlined in this policy. 437.2.2 CONSENT WITHDRAWN In cases where a subject initially enters a property with consent but fails to leave when given notice to do so by the owner/agent, officers shall adhere to the following guidelines: Officers must witness: (a) 1. The subject in/on the property; and The owner/agent administer to the subject the notice to leave. 2. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 392 Criminal Trespass - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

393 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Criminal Trespass If the subject does not leave, officers may make an arrest for criminal trespass. (b) (c) If the subject leaves, officers shall write a criminal trespass notice report as outlined in this policy. 437.2.3 TRESPASS NOTICE DOCUMENTED Officers may make an arrest for criminal trespass when the officer witnesses a subject on the property without the consent of the owner/agent after the subject received notice that he was not to enter and meets the following guidelines: The complainant has sole or undisputed authority to restrict the subject from the location (a) (e.g., another tenant in an apartment complex may allow others on the premises' common areas). (b) Confirm and document the way in which the subject received notice: 1. Previous oral notice witnessed by the officer and less than one year old. 2. Previous oral notice was documented in an incident report and less than one year old. Written notice less than one year old (e.g., , APD Criminal Trespass Incident Form 3. proof by registered letter). 4. Fencing or other enclosure obviously designed to exclude intruders. Posted sign prohibiting entry: 5. (a) The sign should state "No Trespassing," and may lay out the parameters of the restriction. The sign may allow for certain individuals to enter the premises such as tenants, customers, or patients. (b) Arrest will not be made when conditions of the posted sign single out a specific class group such as transients, homeless people, or a minority group. 437.2.4 TRESPASS NOTICE NOT DOCUMENTED In cases where the subject is witnessed on the property by an officer and the owner/agent claims to have previously given a trespass notice to the subject but it is not documented; and immediately furnish an affidavit attesting that a prior trespass notice The owner/agent will (a) was given to the subject, the subject may be arrested. The owner/agent cannot or will not (b) immediately furnish an affidavit attesting that a prior trespass notice was given to the subject: The owner/agent should administer another trespass notice to the subject in the 1. officers presence and advise the subject to leave the property: (a) If the subject does not leave, officers may make an arrest for criminal trespass. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Criminal Trespass - 393 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

394 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Criminal Trespass If the subject leaves when given notice, the officer will write a criminal (b) trespass incident report as outlined in this policy and instruct the owner/agent to follow-up with the appropriate Investigative Unit if he wishes to file charges. 437.2.5 TRESPASS NOTICE MORE THAN ONE YEAR OLD In cases where the subject is witnessed on the property by the officer but the trespass notice is more than one year old: (a) The owner/agent should administer another trespass notice to the subject in the officer's presence and advise the subject to leave the property: If the subject does not leave, officers may make an arrest for criminal trespass. 1. 2. If the subject leaves when given notice, officers will write a criminal trespass incident report as outlined in this policy and instruct the owner/agent to follow-up with the appropriate Investigative Unit if he wishes to file charges. (b) If the owner/agent provides compelling information, or the current incident contains aggravating circumstances that would substantially warrant an arrest for criminal trespass and the documented notice was given more than one year prior, the officer may make an arrest with supervisor approval. The details warranting arrest, as well as the supervisor's name, must be articulated in the incident report narrative. 437.2.6 OWNER/AGENT NOT ON-SCENE Officers may arrest a subject that trespasses on a property when the owner/agent is not on-scene if all of the following are met: (a) A letter is on file from the owner/agent authorizing APD to facilitate an arrest on the owner's/ agent's authority in the owner's/agent's absence; and An APD incident report documenting the owner/agent's written authorization is verified prior (b) to an arrest being made; and (c) A criminal trespass notice has previously been given to the subject in accordance with the PC 30.05. 437.3 REPORTING PROCEDURES 437.3.1 CRIMINAL TRESPASS NOTICE When an officer witnesses a subject being given a trespass notice by an owner/agent, the officer shall document the incident by either writing a "Criminal Trespass Notice" incident report (title Criminal Trespass Notice Incident Form (PD0040 or PD0040E). code 2730) or complete a If the notice is to be temporary and the suspect leaves when told to do so by the owner/agent, the officer will title the report "Assist Complainant" and document that the notice was temporary and should not be considered a permanent (e.g., up to one year) notice. Criminal Trespass Notice Report (a) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 394 Criminal Trespass - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

395 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Criminal Trespass Use the offense title "Criminal Trespass Notice" (title code 2730). 1. 2. Use the Trespass Notice template when writing the narrative. The narrative should contain the following information: 3. Location of occurrence. (a) (b) Date and time of occurrence. Witnesses to the incident. (c) (d) Type of notice issued (e.g. oral, written, posted sign). Name and identifying information on the owner/agent who issued notice. (e) (f) Reason the owner/agent wants to issue the notice. Under no circumstances will "Criminal Trespass Warning" or "CTW" be used in the 4. Refer to it as a criminal trespass notice, not a warning. body/narrative of the report. Criminal Trespass Notice Incident Form (b) in lieu of writing an Officers may use the (a) Criminal Trespass Notice Incident Form incident report. The officer shall complete all the fields of the form except for the narrative and have (b) the suspect read and sign the form in the officer's presence. If the suspect refuses to sign the form, notice is still considered to be valid. The officer will note the refusal on the form. The officer shall detach both the yellow and pink pages of the completed form prior (c) to beginning the narrative portion. (d) The suspect will be given the pink page of the completed 3-part form. (e) The owner/agent will be given the yellow page of the completed 3-part form. The officer shall recommend to the owner/agent that the copy be kept accessible and on file for future reference and documentation. (f) Officers will complete the narrative portion of the white page: The same information listed above shall be included in the narrative portion (a) of the form. A copy of the white page will be turned in to the appropriate Investigative (b) Unit inbox. (c) The original white copy shall be turned in to Data Entry for entry into APD's electronic report writing system. Criminal If additional narrative space is needed, attach a narrative form to the (g) . Trespass Notice Incident Form Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 395 Criminal Trespass - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

396 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Criminal Trespass 437.3.2 CRIMINAL TRESPASS ENFORCEMENT ACTION OR FOLLOW-UP Any time an incident leads to an arrest or requires follow-up by an Investigative Unit where the owner/agent wishes to file charges, officers shall complete an incident report. (a) Use the offense title "Criminal Trespass" (title code 2716). The following information must be documented in the narrative section of the report: (b) Location of occurrence. 1. 2. Date and time of occurrence. 3. Witnesses to the incident. 4. Name and identifying information on the owner/agent who issued notice and whether or not that person still has authority to issue the notice. 5. History of prior notices including any applicable incident report numbers. If history exists between the owner/agent and the suspect, the court prefers to have this information prior to acceptance of PC affidavit. Include it in both the narrative of the report and in the PC affidavit. 437.4 SUPERVISOR RESPONSIBILITIES Supervisors shall review each criminal trespass incident report to confirm the correct title code is used. If the incident is a: Criminal trespass warning only and no enforcement action is needed, title code 2730 (a) (Criminal Trespass Warning) shall be used. (b) Criminal trespass offense that includes charges being filed or follow-up is required from an Investigative Unit, title code 2716 (Criminal Trespass) shall be used. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Criminal Trespass - 396 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

397 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 438 Hate Crimes 438.1 PURPOSE AND SCOPE This department recognizes and places a high priority on the rights of all individuals guaranteed under the Constitution and the laws of this state. When such rights are infringed upon by violence, threats or other harassment, this department will utilize all available resources to see that justice is served under the law. This policy has been developed to meet or exceed the provisions of the James Byrd, Jr. Hate Crimes Act and provides members of this department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias. 438.1.1 FEDERAL JURISDICTION The federal government also has the power to investigate and prosecute bias-motivated violence by providing the U.S. Department of Justice with jurisdiction over crimes of violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability (18 USC § 245). 438.2 DEFINITIONS - An intentional criminal act committed in whole or in part because of a bias or Hate Crimes prejudice against a person or group's (Tex. Code of Crim. Pro. art. 42.014): (a) Disability (b) Gender (c) National origin or ancestry Race, ethnicity or color (d) (e) Religion (f) Sexual orientation Age (g) 438.3 CRIMINAL STATUTES Tex. Penal Code § 12.47 - Penalty enhancement if an offense is committed because of bias or prejudice. Tex. Penal Code § 22.04 - Prohibits assaulting elderly or disabled individuals. Tex. Penal Code § 25.071 - Violation of a protective order preventing an offense caused by bias or prejudice. 438.4 UNDERSTANDING HATE CRIME ENHANCEMENT "Hate Crime" is not a specific offense that any person can be charged with but rather a penalty enhancement (Tex. Penal Code § 12.47). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Hate Crimes - 397 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

398 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Hate Crimes Officers cannot enhance the level of a crime at the time of booking even if there is sufficient (a) evidence that the crime was motivated because of bias or prejudice. (b) Investigators do not control whether an offense committed because of bias or prejudice is enhanced; the decision to file for the enhancement is handled by the prosecution. The enhancement allows for specific offenses to be increased to the next category of (c) offense; however, a Class A misdemeanor cannot be increased to a felony. 438.5 PROCEDURE FOR INVESTIGATING AN ALLEGED HATE CRIMES Whenever any member of the Department receives a report of a suspected hate crime, or other activity that reasonably appears to involve a potential hate crime, the following should occur: (a) Officers will be assigned to the incident to conduct a preliminary investigation. (b) A supervisor should be notified of the circumstances as soon as practicable. (c) Once all "in progress" aspects of any such situation have been stabilized (e.g., treatment of victims, apprehension of suspects), the assigned officers will take all reasonable steps to preserve available evidence that may tend to establish that a hate crime was involved. (d) Officers will interview available witnesses, victims and others to determine what circumstances, if any, indicate the situation may involve a hate crime. (e) Officers should not tell individuals they are a victim of a hate crime as the determination is not made by law enforcement, however, officers should treat victims with empathy. (f) Officers or supervisors may request additional assistance from the appropriate Investigative Unit or other resources to further the investigation. (g) Officers should take photographs and collect physical evidence such as hate literature, spray paint cans, and symbolic objects used by hate groups (e.g., graffiti, clothing with symbols, letters). (h) Officers will provide victims of any suspected hate crime with a Victim Assistance Information pamphlet. (i) Officers will complet an incident report and include: 1. The title code that relates to the specific offense (e.g., assault, robbery). There is no "Hate Crime" title code. The “BIAS” box must be filled out if there is any suspicion of a hate crime. This 2. triggers a review by the APD Hate Crime Committee and is required for inclusion in our report to the FBI. 3. Specific facts (e.g., racial slurs, ethnic slurs, other derogatory slurs, signs and symbols) used during the incident to indicate the likelihood a hate crime occurred. It is important to use the exact language of any statements made by the suspects. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Hate Crimes - 398 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

399 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Hate Crimes 438.5.1 HATE CRIME REPORTING This department shall report hate crimes in the form and manner and at regular intervals as prescribed by rules adopted by the Department of Public Safety. This shall be conducted by the Central Records Manager or assigned to the Investigation Unit (Tex. Gov’t. Code § 411.046(b)). (a) The Department may request hate crime-related information or statistics from the Department of Public Safety to carry out investigations or other lawful business (Tex. Gov’t. Code § 411.046(c)). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Hate Crimes - 399 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

400 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 440 Service Animals 440.1 PURPOSE AND SCOPE Service animals play an important role in helping to overcome the limitations often faced by people with disabilities. The Austin Police Department recognizes this need and is committed to making reasonable modifications to its policies, practices and procedures in accordance with Title II of the Americans with Disabilities Act of 1990 (ADA) to permit the use of any animal that is individually trained to assist a person with a disability. 440.2 SERVICE ANIMALS The ADA defines a service animal as any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability. Service animals may be of any type or breed and need not be certified by any government agency or service group. Some service animals, such as guide dogs, may be readily identifiable but many do not have a distinctive symbol, harness or collar. The following examples are just some of the ways service animals may provide assistance: (a) Guiding people who are blind or have impaired vision. Alerting people who are deaf or hard of hearing. (b) (c) Retrieving or picking up items, opening doors or flipping switches for people with disabilities that limit use of their hands, arms, or legs. (d) Pulling Wheelchairs. (e) Providing physical support by assisting people with physical disabilities with stability and balance. Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities (f) or psychiatric disabilities, such as reminding a person with depression to take medication or to wake the person. Alerting a person with anxiety to the onset of panic attacks; providing tactile stimulation to (g) calm a person with post traumatic stress disorder; assisting people with schizophrenia to distinguish between hallucinations and reality; and helping people with traumatic brain injury to locate misplaced items, to find places or to follow daily routines. 440.3 EMPLOYEE RESPONSIBILITIES Under the Americans with Disabilities Act, service animals assisting individuals with disabilities are permitted in all police facilities and areas where the general public is allowed. Employees are expected to treat individuals with service animals with the same courtesy and respect that the Austin Police Department affords to all members of the public. If an animal exhibits vicious behavior, poses a direct threat to the health of others or unreasonably disrupts or interferes with normal business operations, the employee may direct the partner/ handler to remove the animal from the premises. Barking alone is not a threat nor does a direct Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Service Animals - 400 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

401 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Service Animals threat exist if the partner/handler takes prompt, effective action to control the animal. Each incident must be considered individually and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities. Members of this department are expected to provide all services as are reasonably available to the individual with the disability. If it is unclear whether an animal meets the definition of a service animal, officers should ask the individual only the following questions: Is the animal required because of a disability? (a) What task or service has the service animal been trained to perform? (b) If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal. No further question as to the animal's status should be asked. The person should not be asked questions about his disabilities nor should the person be asked to provide any license, certification or identification card for the service animal. Service animals are not pets. Employees should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal. 440.4 INQUIRIES AND COMPLAINTS When handling calls of a complaint regarding a service animal, members of this department should remain neutral and should be prepared to explain the ADA requirements concerning service animals to the concerned parties. Under the Americans with Disabilities Act, people with disabilities have the right to be accompanied by service animals in all public areas. (a) Businesses are required to permit service animals to accompany their partner/handler in all areas that other customers or members of the public are allowed. Individuals who believe they have been discriminated against as a result of their disability should be referred to the Civil Rights Division of the U.S. Department of Justice. (b) The Austin Police Department considers interference with or denial of this right by any member of the Department to be a serious violation of this policy. Complaints alleging violations of this policy against any Department employee will be promptly investigated and should be referred to the Internal Affairs Unit. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Service Animals - 401 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

402 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 445 Mental Health Response 445.1 PURPOSE AND SCOPE The Crisis Intervention Team (CIT) Unit was created for the sole purpose of addressing and responding to any calls for police assistance related to the mental health community. This policy sets guidelines for utilizing the CIT Unit and the certified CIT officers assigned to field duty. 445.1.1 DEFINITIONS Crisis Intervention Team (CIT) Officer - A licensed peace officer with a minimum of 2 years of law enforcement experience who has successfully completed the TCOLE prescribed certification course. This includes certified officers assigned to patrol and the CIT Unit. - A unit of specially trained CIT officers within APD who act Crisis Intervention Team (CIT) Unit as liaisons between the CIT officers assigned to patrol and the facilities, providers, and consumers within the mental health community. CIT Unit officers also respond to calls for service as outlined in this policy. Mental Illness - An illness, disease or condition other than epilepsy, senility, alcoholism or mental deficiency that substantially impairs a person's thoughts, perception of reality, emotional process or judgment, or grossly impairs behavior as demonstrated by recent disturbed behavior. - A significantly sub-average intellectual function that Intellectual Development Disorder (IDD) is concurrent with deficits in adaptive behavior and which originates during the developmental period. Expanded Mobile Crisis Outreach Team (EMCOT) - A group of medical or mental health professionals who respond to the scene of a psychiatric crisis, assisting officers with jail diversion and emergency detentions. 445.2 INCIDENTS REQUIRING A CIT OFFICER (a) The following incidents require a CIT officer: 1. Any situation where the responding officer believes that a persons mental health is adversely affecting the persons behavior (e.g., attempted suicide, suicidal subject, Peace Officer Emergency Detention (POED) evaluation). 2. Any request from a member of the community for a CIT officer. 3. Mental health related calls from a facility/provider that furnishes services on behalf of the mental health community. 4. Any health care facility or emergency room request for assistance relating to a person suspected of a mental illness. (b) If the incident is non-emergency in nature, a CIT officer shall respond as the primary officer, with the exception of an emergency room transport of a POED to a psychiatric hospital (secondary transport). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 402 Mental Health Response - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

403 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Mental Health Response (c) If the incident is an emergency, any patrol officer may be dispatched immediately and a CIT officer will be dispatched as soon as possible. 445.3 CIT OFFICER REFERRALS Officers receiving a mental health request for assistance from a complainant will refer the individual to an on-duty CIT officer or the CIT Unit. An incident report will be completed as outlined in this policy. (a) If the person about whom the call is made poses any threat to safety, the responding officer will remain at the scene until contact is made with an on-duty CIT officer or the CIT Unit to determine the appropriate action to be taken. When deemed necessary by a CIT officer or the CIT Unit, a Victim Services Crisis Team (b) will be called to the scene to assist with: Assessment of the client (including suicide assessments). 1. 2. Assessment of the situation. Linking the client with existing mental health services in the community. 3. In-depth counseling for the client and family. 4. Transportation of the client, when appropriate. 5. 445.4 MENTAL HEALTH COMMITMENTS 445.4.1 VOLUNTARY COMMITMENT Employees encountering persons desiring to be voluntarily committed to a mental health facility and that meet the criteria for an Emergency Detention shall contact an on-duty CIT officer. If the subject does not meet the criteria for an Emergency Detention the officer may do one of the following: Request EMCOT to the scene. (a) Provide voluntary transport to a facility within the located county. (b) Provide referral information. (c) 445.4.2 PEACE OFFICER EMERGENCY DETENTION (a) The authority to apprehend a person by using the Peace Officer's Emergency Detention (POED) is granted under the Tex. Health and Safety Code § 573.001. This type of custody is protective rather than criminal in nature and does not constitute an arrest. A POED may be used when: 1. The officer has reason to believe, and does believe, that the person is mentally ill; and 2. Because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 403 Mental Health Response - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

404 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Mental Health Response 3. The officer believes that there is not sufficient time to obtain a warrant before taking the person into custody. (b) An employee encountering a person who needs to be assessed for a possible POED shall contact an on-duty CIT officer. 1. The responding CIT officer shall be responsible for: (a) Conducting an assessment to determine whether the person should be handled as an Emergency Detention; (b) Providing transportation to the appropriate mental health facility or furnishing referral information; The CIT officer may transport the Emergency Detention or have a 1. non CIT officer transport the Emergency Detention after completing all paperwork and advising where the subject is to be taken. (c) Preparing all required documentation. 2. If it is determined that the person does not meet the criteria for a POED, the initial officer may: Request a response from the Expanded Mobile Crisis Outreach (a) Team (EMCOT), (refer to 445.6) (b) Release the person, if no criminal violation has been committed; (c) Use other available referral services or release options; or (d) Place the person in jail, provided the officer has legal authority to do so. 3. Officers shall perform secondary transports of subjects from an emergency room to a psychiatric hospital on an APD Emergency Detention. All officers are responsible for the following: (a) Taking custody of the individual who is detained under a POED. (b) Collect and verify all necessary documents for the transfer of the detained individual. Transport the patient to the directed psychiatric hospital with all required (c) paperwork and personal property. (d) Complete a supplement to the original POED report. 445.4.3 ORDER OF PROTECTIVE CUSTODY Due to special requirements, employees receiving a request to transport a subject due to an Order of Protective Custody (OPC) shall contact the Travis County Sheriff's Office (TCSO) CIT Unit to transport the person named in the order. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Mental Health Response - 404 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

405 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Mental Health Response 445.4.4 UNAUTHORIZED DEPARTURES FROM MENTAL HEALTH FACILITIES When officers comes into contact with a person who is a confirmed Unauthorized Departure (UD) from a mental health facility, officers will confirm that a court order has been issued for the individual requiring him to return to the appropriate mental health facility. (a) If confirmed, take the person into custody and transport him to the appropriate mental health facility. If no court order exists the employee shall request an on-duty CIT officer to respond and (b) complete a supplement detailing his observations. 445.5 MENTALLY ILL PERSONS REQUIRING MEDICAL ATTENTION Officers shall call EMS to treat and/or transport the person to a medical facility when a mentally ill person needs medical attention. shall be completed and given (a) If the subject is transported, a Mental Health Transport Form to EMS personnel. (b) If the subject is not transported, officers shall request an on-duty CIT officer to respond to the scene. 445.6 ARRESTS OF MENTALLY ILL PERSONS The arrest of a mentally ill person creates an extraordinary burden on the criminal justice (a) and judicial systems. The department and the community benefit from alternative methods of addressing a mentally ill person’s behavior other than arrest under certain circumstances. When encountering a mentally ill person during a call for service, any officer, not only those CIT certified, can request the assistance of the local mental health authority, Austin Travis County Integral Care (ATCIC) and their response group, Expanded Mobile Crisis Outreach Team (EMCOT). should 1. Prior to arresting a mentally ill person for a non-violent misdemeanor, officers first request that communications dispatch EMCOT. EMCOT is available to respond within 30 minutes of dispatch during the following 2. hours: (a) Monday-Friday: 6am-10pm (b) Saturday and Sunday: 10am-8pm 3. The acceptance of EMCOT’s services by the person is voluntary. 4. The option of calling EMCOT will not be exercised in the following situations: (a) Violent crimes in which another person has been assaulted. Crimes involving damage to property. (b) (c) Crimes involving theft if the property is not recovered. (d) Any felony offense Any offense involving the use or possession of a firearm (e) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 405 Mental Health Response - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

406 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Mental Health Response Any situation in which the person meets the criteria for a POED (f) 5. Once EMCOT has arrived and conducted a preliminary evaluation of the mentally ill person the EMCOT employee will advise the officer if they are needed further or if they are free to return to service. The ultimate decision as to whether or not the officer stays on scene or returns to service will be based on the officers own judgement. (b) An arrest shall be made in lieu of a POED under the following circumstances: 1. Felony offense; Family Violence offense; (refer to 418.2.2 Family Violence Involving Mental Illness); 2. 3. DWI offense If a suspected mentally ill person is placed in jail, officers shall: (c) 1. Advise the intake officers; and Complete all paperwork required by Travis County (e.g., Mental Health Hold/ 2. Evaluation Form); and Bring the person to the jail nurse. 3. 445.7 REPORTING PROCEDURES Employees responding to any incident involving a mental health individual shall comply with the following reporting requirements: Responsibility (a) 1. CIT officers responding to a scene shall complete the incident report. If the primary officer is not a CIT officer, he shall complete a supplement detailing his observations. 2. When a CIT officer does not respond, the primary officer shall complete the incident report. When a mentally ill person is arrested, detained, and/or released for an offense, the 3. arresting officer shall complete the incident report. Guidelines (b) Officers completing an incident report shall: 1. Use the appropriate EDP title code; and (a) (b) Not include any reference to the mental health of a person in a report synopsis that is available for public disclosure (e.g., "press release"). All such information shall be documented in the narrative section, as needed. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 406 Mental Health Response - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

407 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Mental Health Response 445.8 INCIDENTS INVOLVING EMERGENCY DETAINED SUBJECTS IN POSSESSION OF FIREARMS Peace Officers have authority to seize firearms from a person who is being detained for mental health services under the Texas Health and Safety Code § 573.001(g). This seizure is for the safety of the detained individual and community. (a) Officers may seize any firearm found in possession of a person being detained into custody under an Emergency Detention (Health and Safety Code 573.001). (b) If a firearm is seized under this authority, Officers shall: 1. Complete the Receipt for Seized Firearm and Procedures (PD0222 A) 2. Review the front page of the Receipt for Seized Firearm and Procedures (PD0222 A) with the detained subject and place it in their property. 3. Make a reasonable attempt to identify an immediate family member for the detained subject and notate that person's name and contact information in the incident report. 4. Contact the Crisis Intervention Team by the end of the officers tour of duty either by phone at (512-854-3450) or by email [email protected] with the following: (a) Officer's name, (b) Incident number, and (c) Actions taken. 5. Use the title codes Emergency Detention/Firearm Seized 3465 and EDP Commitment 3461. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Mental Health Response - 407 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

408 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 450 Informants 450.1 PURPOSE AND SCOPE In many instances, a successful investigation cannot be conducted without the use of informants. To protect the integrity of the Austin Police Department and the officers using informants, it shall be the policy of this department to take appropriate precautions by developing sound informant policies. 450.1.1 TYPES OF INFORMANTS The following types of informants are considered resources of the Austin Police Department. Informants shall not be considered as personal sources of information to any individual officer. (a) Citizen Informants - Persons who provide information or evidence to assist the Department in the reduction of crime without any expectation of payment or benefit. This is normally referred to as the "concerned citizen." Paid Informants (b) - Persons who are providing information or evidence to APD in exchange for money paid by APD. - Persons who have been: Defendant Informants (c) Arrested and the evidence is sufficient to support a charge; or 1. 2. Formally charged with an offense; or 3. Indicted. - Persons under the age of 17 years old may only be used as an Juvenile Informants (d) informant with parental consent or as authorized by a court order. 450.1.2 RELATIONSHIP WITH INFORMANTS No member of the Austin Police Department shall maintain a social relationship with a known paid or defendant informant or otherwise become intimately involved with a such an informant. Members of the Austin Police Department shall neither solicit, accept gratuities, or engage in any private business transaction with any informant. 450.2 PATROL GUIDELINES 450.2.1 CITIZEN INFORMANTS Officers working patrol and patrol related assignments normally encounter citizen informants. (a) Information regarding criminal activity obtained in this manner shall be handled as follows: Where exigent circumstances exist, the officer should take appropriate action and 1. document the source of information in an incident report. 2. Where no exigent circumstances exist, the officer shall refer the informant to the appropriate Investigative Unit. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Informants - 408 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

409 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Informants Occasionally officers will encounter individuals who want to provide information but do not (b) desire to be identified. 1. Officers shall not enter into any agreement promising that the individual's involvement in a particular incident will remain confidential. The individual could be required to testify in court or provide additional information to other law enforcement entities. Informants still desiring to remain confidential should be referred to the appropriate 2. Investigative Unit or to Crime Stoppers for follow-up. If a citizen informant wishes to be paid, officers shall follow the paid informant guidelines. (c) 450.2.2 PAID INFORMANTS Officers working patrol and patrol related assignments who encounter individuals wishing to provide information in exchange for compensation or some other benefit (other than dismissal of arrest charges - see Defendant Informants below) will be handled in the following manner: (a) The officer's supervisor must be notified that a person is attempting to provide information. The supervisor and officer should determine whether or not exigent circumstances exist. (b) 1. Where exigent circumstances exist (e.g., a crime is in progress or imminent): (a) The officer should attempt to obtain the information and take enforcement action as needed. (b) Any monetary compensation will be determined after the fact by the appropriate Investigative Unit following the Organized Crime Division (OCD) Confidential Informant Payment Guidelines. 2. Where no exigent circumstances exist (e.g., a crime has already occurred or is an on-going long-term situation): (a) The informant should be referred to the appropriate Investigative Unit or to Crime Stoppers for follow-up. If the informant wishes to work with an Investigative Unit: (b) 1. The officer should contact or email the appropriate Investigative Unit supervisor with the informants' identity, a brief explanation of the situation, and the incident number. The Investigative Unit's supervisor will determine whether to use the 2. informant. Informant use must be approved by OCD as outlined in this policy. (c) With supervisor approval, officers may be requested to: Act as a liaison between the informant and Investigative Unit. 1. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 409 Informants - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

410 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Informants Set up interviews with the informant and investigators. 2. (d) Officers will not engage in any other phase of the investigation unless authorized by the Investigative Unit and the officer's chain-of-command. 450.2.3 DEFENDANT INFORMANTS Officers working patrol and patrol related assignments who arrest an individual that wishes to provide information or evidence will be handled in the following manner: (a) Officers shall not enter into any agreement to accept information in lieu of filing charges. (b) Informants should be referred to the appropriate Investigative Unit. Officers should contact or email the appropriative Investigative Unit supervisor with 1. the informants' identity, a brief explanation of the situation, and the incident number. Investigative Unit supervisors will determine whether to use the informant. Informant 2. use must be approved by OCD as outlined in this policy. 450.3 ALL OTHER ASSIGNMENTS 450.3.1 CITIZEN INFORMANTS Investigative Units within the Department wishing to utilize a citizen informant shall adhere to the following guidelines: (a) A citizen informant does not have to be documented in the Confidential Informant Database unless he wishes to be paid for the information or evidence being provided. (b) If a citizen informant wishes to be paid, the paid informant guidelines shall be followed or refer the informant to Crime Stoppers. 450.3.2 PAID AND DEFENDANT INFORMANTS Investigative units within the Department shall not deal with any paid informant or defendant informant unless policies and procedures outlined within the unit SOP and/or Operations Manual that mirror OCD's policy on informants. potential paid informant or defendant informant shall be approved by an OCD Any (a) before using the informant. The OCD supervisor will check the informant supervisor through the Confidential Informant Database. (b) When use of an informant has been approved: All informant information shall be entered into the Confidential Informant Database 1. by an OCD supervisor and issued an informant control number. 2. All employees shall forward original informant files to OCD for filing, retention, and archival. A copy of an informant file may be kept by the unit controlling the informant. 3. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Informants - 410 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

411 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Informants All payments made to an informant shall be immediately communicated to an OCD 4. supervisor so the Confidential Informant Database can be updated with the payment information. 450.4 WILLIAMSON COUNTY GUIDELINES Guidelines for using Defendant Informants are different for Williamson County and must be followed. When a subject is being considered for use as a Defendant Informant in Williamson County, an OCD supervisor shall be contacted before using the informant. 450.5 ORGANIZED CRIME DIVISION RESPONSIBILITIES OCD shall be the Department's central repository for all informant paper files and maintain a Confidential Informant Database that will contain informant information as well as all payments made to the informant. Informant records shall be maintained indefinitely. 450.5.1 REPORTING OF PAYMENTS Each confidential informant receiving a cash payment shall be informed of his/her responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the confidential informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such documentation or reporting may reveal the identity of the confidential informant and by doing so jeopardize any investigation, the safety of peace officers or the safety of the confidential informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued. In such cases, the confidential informant shall be provided a letter identifying the amount he/ she must report on a tax return as "other income" and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the confidential informant's file. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Informants - 411 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

412 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 455 Social Media for Official Use 455.1 PURPOSE AND SCOPE The Department endorses the use of social media to enhance communication, collaboration, and information exchange. This policy establishes the department's position on the utility of social media, including management, administration, and oversight. This policy is intended to address social media in general, not a particular form of social media. 455.2 APPLICABILITY This policy applies to employees who are on duty or representing the department in an official manner. See Policy 972 Employee Speech, Expression, and Social Networking for non-duty related social media. 455.3 POLICY Social media assists the department in meeting community outreach, problem-solving, investigations, and crime prevention. Social media is a valuable tool when seeking evidence or information including missing persons, wanted persons, gang activity, crimes perpetrated online, and photographs or videos of a crime. The content of postings on personal social media sites by employees reflects on them in their official capacity. This policy provides information on the use of social media by department personnel. (a) The Austin Police Department will not utilize social media to seek or retain information about: Individuals or organizations solely on the basis of their religion, political association, 1. social views or activities. 2. An individual's participation in a particular non-criminal organization or lawful event. 3. An individual's race, ethnicity, citizenship, place of origin, disability, gender, or sexual orientation unless such information is relevant to the individual's criminal conduct or activity or if required to identify the individual. 4. An individual's age other than to determine if someone is a minor. (b) The Austin Police Department will not directly or indirectly receive, seek, accept, or retain information from an individual or nongovernmental information provider who may or may not receive a fee or benefit for providing the information if there is reason to believe that the information provider is legally prohibited from obtaining or disclosing the information. 455.4 DEFINITIONS - Information designated as confidential by law (state, federal statute, or Confidential information court decision). Post - Content an individual shares on a social media site or the act of publishing content on a site. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 412 Social Media for Official Use - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

413 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Social Media for Official Use - Profile information that a user provides about himself or herself on a social Online Alias networking site for the purposes of gathering intelligence or advancing a criminal investigation. Social Media - A category of Internet-based resources that integrate user-generated content and user participation. This includes, but is not limited to, social networking sites (Facebook, MySpace), microblogging sites (Twitter, Nixle), photo- and video-sharing sites (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). - Online platforms where users can create profiles, share information, and Social Networks socialize with others using a range of technologies. - Expression or communication of thoughts or opinions in spoken words, in writing, by Speech expressive conduct, symbolism, photographs, videotape, or related forms of communication. Web 2.0 - The second generation of the World Wide Web focused on shareable, user-generated content, rather than static web pages. Some use this term interchangeably with social media. Wiki - Web page(s) that can be edited collaboratively. 455.5 PROCEDURES Social media content shall adhere to applicable laws, regulations, and policies, including information technology and records management policies. Employees representing the department via social media outlets shall conduct themselves as representatives of the Department and shall adhere to all Department and City standards of conduct. (a) Employees will: 1. Identify themselves as members of the department Observe and abide by all copyright, trademark, and service mark restrictions in 2. posting materials to electronic media. Employees will not: (b) Make comments regarding the guilt or innocence of suspects or arrestees. 1. Make comments concerning pending prosecutions. 2. 3. Post, transmit or otherwise disseminate confidential or law enforcement sensitive information, including pictures, videos, evidence, or other materials in the department relating to training, work assignments, and enforcement efforts without the express written permission of the Strategic Intelligence Commander. Divulge information gained by reason of their authority, make statements, speeches, 4. appearances, and endorsements, or publish materials that could reasonably be considered to represent the views or positions of this department without express authorization of the Chief of Police. Conduct political activities or private business on departmental social media. 5. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Social Media for Official Use - 413 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

414 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Social Media for Official Use At no time will the identity, image, or other information of a real person be used in 6. an undercover operation without their express written consent and that person being documented as a Confidential Source if acting in such a capacity. 455.6 UTILIZATION AND ACCESS TO SOCIAL MEDIA MONITORING TOOLS No authorization is necessary for general research, topical information, or other law enforcement uses that do not require the acquisition of an online alias. (a) Social media may be used by Departmental personnel for a valid law enforcement purpose. The following are valid law enforcement purposes: Pre-employment background investigations. 1. 2. Crime analysis and situational assessment reports. 3. Criminal intelligence development. 4. Criminal investigations. Information and/or intelligence gathered from social media will be evaluated to determine (b) source reliability and content validity (confidence levels). (c) Employees will utilize social media, access social media websites, online aliases, and social media monitoring tools only for a valid law enforcement purpose. The on-duty utilization of an online alias or social media monitoring tool for personal use is prohibited and is considered employee misconduct. (d) Employees will only utilize social media to seek or retain information that: Is based upon a criminal predicate or threat to public safety, or 1. 2. Is based upon reasonable suspicion that an identifiable individual or organization, regardless of citizenship or U.S. residency status: (a) Has committed an identifiable criminal offense or is involved in or is planning criminal conduct or activity that presents a threat to any individual, the community, or the nation and the information is relevant to the criminal conduct or activity (criminal intelligence information), or Is relevant to the investigation and prosecution of suspected criminal (b) incidents; the resulting justice system response; the enforcement of sanctions, orders, or sentences; or the prevention of crime, or Is useful in crime analysis or situational assessment reports for the (c) administration of criminal justice and public safety. 455.7 ALIAS AUTHORIZATION Authorization for an online alias is based upon: (a) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 414 Social Media for Official Use - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

415 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Social Media for Official Use 1. A criminal predicate or threat to public safety; or Reasonable suspicion that an identifiable individual or organization, regardless of 2. citizenship or U.S. residency status, has committed a criminal offense or is involved in or is planning criminal conduct or activity that presents a threat to: (a) Any individual, or (b) The community, or (c) The nation, and The information is relevant to the criminal conduct or activity. (d) Employees seeking authorization to use an online alias must be approved by their (b) supervisor. The supervisor must evaluate the request to determine whether an online alias would serve a valid law enforcement purpose. The supervisor must maintain the requests for online alias and their status (approved/denied) for two years from the date of deactivation of the online alias. If approved, the supervisor will complete Request for use of Online Alias PD0238 (a) and route it to the Strategic Intelligence Lieutenant. The request must include: Purpose for the request (i.e. type of investigative activity) (a) (b) Username/Alias (c) Identifiers to be utilized for the online alias, such as email address Do not include password(s) for online aliases. (a) (b) Ensure password(s) are secured at all times. (d) Photograph to be used with online alias, if applicable. Social media accounts utilized. (e) Anticipated duration for the online undercover activity. (f) The Strategic Intelligence Lieutenant will approve or deny all requests and return a (b) copy of the request to the supervisor submitting it. If there is a disagreement in the approval, the employee's commander will confer (c) with the Strategic Intelligence Commander. The Strategic Intelligence Commander has final authority to approve or deny the request. (c) Approved requests for an online alias will be deconflicted at the Austin Regional Intelligence Center. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Social Media for Official Use - 415 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

416 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Social Media for Official Use 455.8 ALIAS USE AND REVIEW (a) All approved online undercover activity requests will be reviewed not less than every 90 days by the employee's unit supervisor to ensure continued need for the online undercover activity. Approved online undercover activity that does not provide information regarding a 1. valid law enforcement purpose will be discontinued. A summary will be placed in the file indicating the date of termination of the online 2. undercover activity. The online alias may be maintained if it is anticipated that it will be utilized again. (b) Departmental personnel with an approved online alias may use their online alias to make false representations in concealment of personal identity in order to establish social media accounts. 1. The establishment of a social media account with an approved online alias must be documented by the unit supervisor. 2. Online undercover activity occurs when the agent utilizing the online alias interacts with a person via social media. (c) Online undercover operations will only be utilized when there is reason to believe that criminal offenses have been, will be, or are being committed (e.g. internet chat rooms where child exploitation occurs). In some instances, an Intelligence or Criminal Analyst may obtain and maintain an on- (d) line alias user name or password to a closed online network or site related to an online surveillance operation. The Intelligence Division Supervisor, or designee, will maintain a list of authorized on-line aliases used by departmental personnel. 455.9 DOCUMENTATION AND RETENTION (a) Other than crime analysis and situational assessment reports, all information obtained from social media websites shall be placed within a case file, suspicious activity report, or intelligence report. At no time should departmental personnel maintain any social media files outside of these authorized files. (b) Crime analysis and situational assessment reports may be prepared for special events management, including First Amendment-protected activities. If there was no criminal activity related to the information gathered, the information obtained from the social media monitoring tool will be retained for no more than fourteen (14) days. Information from the social media monitoring tool that does indicate a criminal nexus will be retained in an intelligence report, suspicious activity report, or case investigative file pursuant to retention and destruction schedules adopted by the City. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 416 Social Media for Official Use - Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

417 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Social Media for Official Use Information identified as criminal in nature that is obtained in the course of an investigation (c) from a social media site will be collected and retained using screen shots, printouts of chat logs, copying uniform resource locators (URL's) for subpoena or investigatory purposes, or storing the information via secure digital means. When possible, employees will utilize investigative computer systems and software intended to record data from social media sites. 455.10 DISSEMINATION Retention and dissemination of social media information within an intelligence file will be treated in the same manner as an intelligence file. Information developed during the course of a criminal investigation will be located in the investigative case file and retained and disseminated in the same manner as the investigative case file. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Social Media for Official Use - 417 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

418 Manual 7/20/2017 Issued 2017-1.5 Policy APD Austin Police Department Policy Manual Chapter 5 - Field Support Operations Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Field Support Operations - 418 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

419 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 500 Bicycle Operations 500.1 PURPOSE AND SCOPE Bicycle operations have been shown to be an effective way to increase officer visibility, accessibility, and response in congested areas. The purpose of this policy is to provide uniform guidelines regarding the use of bicycles by Austin Police Department personnel. 500.2 UTILIZATION AND DEPLOYMENT The use of bicycle patrols will emphasize the mobility and visibility of the Department to the community. (a) Bicycles may be used for: Regular Patrol duty. 1. Traffic enforcement and parking control. 2. Special events. 3. (b) Bicycles may be deployed to any area at any hour of the day or night in accordance with Department needs and as staffing levels allow. (c) Requests for specific deployment of bicycle patrols may be coordinated through any chain- of-command, a specific Commander, or the Watch Lieutenant. 500.3 POLICE BICYCLE TRAINING AND CERTIFICATION Officers must successfully complete all required Police Mountain Bike courses in order to use a bicycle during their normal course of duty. Officers interested in becoming a Certified Bicycle Officer by attending the initial Police (a) Mountain Bike course must meet each of the following requirements: Have two or more years of police service with the Department unless otherwise 1. approved by a supervisor; and 2. Get supervisor permission prior to signing up for the Police Mountain Bike course; and 3. Pass a prerequisite Fitness Assessment conducted by the APD Wellness Office or pass a Physical (for strenuous activity) by your personal physician within 6 months prior to the first day of class. Priority for acceptance into the Police Mountain Bike course shall go to officers assigned to (b) a full-time Bicycle assignment (e.g., Downtown Patrol). (c) Certified Bicycle Officers shall complete a Department-approved Police Mountain Bike Refresher course as required. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bicycle Operations - 419 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

420 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Bicycle Operations 500.4 BICYCLE OFFICER RESPONSIBILITIES This section establishes the specialized procedures for officers that work any part of their assigned duty on a bicycle. (a) Bicycle Officers shall follow all guidelines outlined in Department policy, the Police Mountain Bike course, and any subsequent refresher courses. Bicycle Officers must operate the bicycle in compliance with the Transportation Code under (b) normal operation (Tex. Transp. Code § 551.101 et seq.). Bicycle Officers may operate the bicycle without lighting equipment during hours 1. of darkness when such operation reasonably appears necessary for officer safety and tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment. Bicycle Officers are exempt from the rules of the Transportation Code under the following (c) conditions (Tex. Transp. Code § 546.002): 1. In the execution of daily law enforcement activities and/or tactical considerations. In response to an emergency call. 2. 3. While engaged in rescue operations. In the immediate pursuit of an actual or suspected violator of the law. 4. (d) Bicycle Officers should be deployed in teams of two. 500.5 REQUIRED UNIFORM AND EQUIPMENT Bicycle Officers shall: (a) 1. Only use a Department issued bicycle and Department approved equipment in the course of their duties. 2. Wear the Department approved uniform and safety equipment (e.g., helmet and gloves) while operating a police bicycle. Carry the same required equipment on their duty belt as a regular Patrol assignment. 3. Be responsible for obtaining the necessary forms, citation books and other 4. equipment to perform the duties of their regular assignment and have these available while using a police bicycle. Bicycle Officers may wear Department approved bicycle eyewear and footwear while (b) operating a police bicycle. 500.6 HANDLING POLICE BICYCLES The following section outlines the guidelines for Police Bicycles: Accountability. (a) Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bicycle Operations - 420 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

421 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Bicycle Operations Care and Use. (b) (c) Repair and Maintenance. Storage Locations. (d) 500.6.1 ACCOUNTABILITY Each authorized unit that utilizes Bicycle Officers shall be allocated a specific number of bicycles. A supervisor shall be responsible for the assignment of allocated bicycles to unit personnel. (a) Officers shall not use a bicycle that is assigned to another unit without approval of a (b) supervisor. Officers shall not remove, modify, or add components to a bicycle unless approved by a (c) supervisor or there is an emergency. (d) During prolonged periods of non-use, each unit assigned a bicycle shall periodically rotate the equipment batteries on unused bicycles in order to increase battery life. 500.6.2 CARE AND USE (a) Officers shall conduct a preliminary inspection of the bicycle and equipment prior to each use to ensure proper working order of the equipment (e.g., tire pressure, brakes, chain lubrication). (b) Officers should not expose the bicycle to unreasonable hazards or abuse. (c) Bicycles shall be properly secured when not in the officer's immediate presence except in exigent circumstances. Bicycle racks are available on certain police vehicles should the officer need to transport the (d) bicycle. Due to possible component damage, transportation of the bicycle in a trunk or on a police unit push-bumper is discouraged. Bicycle batteries shall be rotated on the assigned charger at the end of each tour of duty. (e) Officers shall return the bicycle clean and ready for the next tour of duty at the end of their (f) assignment. 500.6.3 REPAIR AND MAINTENANCE Bicycles shall have scheduled maintenance conducted throughout the year as outlined in the Bicycle Maintenance Contract. Repair of flat tires shall be the responsibility of each individual Bicycle Officer. (a) (b) For all other repairs, Bicycle Officers should complete a repair work order and transport the bicycle to the designated Department bicycle repair location. 1. Bicycle Officers may be issued a temporary spare bicycle, if one is available, until the primary bicycle is repaired. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bicycle Operations - 421 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

422 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Bicycle Operations 500.6.4 STORAGE LOCATIONS Every bicycle storage location must have at least two tire pumps, a first aid kit, repair tool kits, tire tubes, equipment information, and use manuals. 500.7 RECORDS MANAGEMENT AND REPORTING Records will be kept on each bicycle and its associated Department issued equipment by Police Equipment and the Commander or designee of where bicycles are assigned. Each Command will utilize the Department Bicycle Sign-Out Form. (a) (b) All bicycles will be numbered with the first two initials of the bike make and last four of the serial number. (c) Maintenance records shall be kept and filed according to bicycle number and shall consist of repair requests and all documented maintenance/repairs performed. (d) An annual Department bicycle inventory and inspection shall be conducted by Police Equipment to determine the number of bikes in each chain-of-command. The inventory and inspection shall include all associated serial number(s), equipment, and personnel assignment(s). 500.8 ANNUAL INSPECTION AND INVENTORY All personnel shall assist and cooperate with the Inspections Unit when conducting staff inspections as well as the Police Equipment Unit when conducting an annual inventory. Discrepancies and or deficiencies noted during these inspections will be corrected in a timely manner by the appropriate responsible party. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Bicycle Operations - 422 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

423 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 503 Canine Unit 503.1 PURPOSE AND SCOPE The purpose of this policy is to establish the guidelines and procedures for using the APD Canine Unit. 503.2 UTILIZATION OF THE CANINE UNIT The Canine Unit may be requested for the following situations: (a) 1. To locate suspects that have fled on foot from officers, or from the scene of a crime, for Class B and above offenses, and suspects related to window peeping (Tex. Penal Code § 42.01(a)11); Residence and building searches w/forced entry; 2. 3. Article searches when evidence may be located (e.g., gun, knife); High risk traffic stops; and 4. 5. To locate Missing, lost, or injured persons when exigent circumstances exist. If no exigent circumstances exist, AFD Search and Rescue should be utilized. (b) The Canine Unit shall not be utilized: 1. When a suspect cannot be identified or linked to a crime (e.g., insufficient physical description, no witness). 2. For crowd control (e.g., demonstrations, regular crowd control). 3. During questioning or interrogation of a suspect. To transport prisoners. 4. 5. For routine Patrol calls or arrests. 503.3 ON-SCENE PROCEDURES (a) Officers at the scene of an incident where a Canine Team may be needed should do the following: search perimeter; immediate 1. Set an 2. Notify a supervisor and request approval to utilize the Canine Unit; 3. Request Communications to contact the available or on-call Canine Team; and 4. Stay at the location where the suspect was last seen until the Canine Team arrives. (b) All officers on the perimeter shall stay in or next to their vehicle with all emergency lights activated. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Canine Unit - 423 Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

424 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Canine Unit No officer shall enter the perimeter or building at any time during a canine call unless directed (c) to do so by a Canine Officer. If a suspect moves within the perimeter, officers shall remain on the perimeter and 1. the ranking officer or Canine Officer on-scene will readjust the perimeter as needed. 2. This does not prohibit an officer from making an immediate arrest or preventing the escape of a suspect out of the perimeter. (d) Officers shall not place themselves between a working canine and a suspect at any time. (e) The Canine Officer has the final decision on when and how the canine is utilized on any call. 503.4 USE OF OTHER AGENCY CANINE UNITS Due to strict APD Canine Unit policy, training, and national certification, no outside agency's Canine Unit shall be called or allowed to be utilized on an APD initiated call without authorization from the APD Canine Unit supervisor. This does not restrict an outside agency from using its own Canine Unit on any call that the agency initiates which then enters APD jurisdiction (e.g., vehicle pursuits). Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. 424 Canine Unit - Published with permission by Austin Police Department APD Policy Manual 2017-1.5 Issued 7/20/2017

425 APD Policy 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual 504 Air Operations and Air Support 504.1 PURPOSE AND SCOPE The use of the air support can be invaluable in certain situations. This policy specifies potential situations where use of air support may be requested and the responsibilities for making a request. 504.2 REQUEST FOR AIR SUPPORT ASSISTANCE APD Air Operations shall be the primary responder for all aircraft assistance requests originating within the Department. If a supervisor or officer in charge of an incident determines that the use of air support (a) would be beneficial, a request for APD Air Operations shall be made by contacting Communications. If APD Air Operations is unavailable or off-duty and an officer needs aircraft assistance to (b) conduct law enforcement related activities, a request to another law enforcement agency or Starflight shall be made through an APD Air Operations supervisor or the Watch Lieutenant as follows: When the situation involves imminent danger to officers or the public, the request for 1. assistance must be approved by the Watch Lieutenant. The Watch Lieutenant will then immediately notify Air Operations supervisor. 2. For all other law enforcement related situations, a supervisor shall contact the on- duty or on-call Air Operations supervisor to determine the appropriate course of action. Upon arrival at an incident where the officer determines medical assistance is needed, the (c) officer shall notify Communications of the victim's age, sex and injuries and request EMS. The decision to call Starflight for medical purposes is the responsibility of EMS ground units. Officers shall be responsible for setting up and maintaining a landing zone as outlined in this policy. 504.2.1 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED While it is recognized that the availability of air support will generally provide valuable assistance to ground personnel, the presence of air support will rarely replace the need for officers on the ground. Law enforcement air support may be requested under any of the following conditions: (a) When the aircraft is activated under existing mutual aid agreements. Whenever the safety of law enforcement personnel is in jeopardy and the presence of the (b) aircraft may reduce such hazard. (c) When the use of aircraft will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to the community. Copyright Lexipol, LLC 2017/07/21, All Rights Reserved. Air Operations and Air Support - 425 Published with permission by Austin Police Department 7/20/2017 Policy Manual 2017-1.5 Issued APD

426 APD 7/20/2017 Issued 2017-1.5 Manual Policy Austin Police Department Policy Manual Air Operations and Air Support When an aircraft is needed to locate a person who is missing and whose continued absence (d) constitutes a serious health or safety hazard. (e) Vehicle pursuits. 504.3 ROTARY AIRCRAFT LANDING ZONE GUIDELINES In the event a rotary aircraft needs to land, officers shall establish and maintain a landing zone. (a) Establishing a Landing Zone 1. Preferably 60 ft. by 60 ft.; and Hard road surface, if possible, otherwise grass or dirt areas if a paved road is not 2. available; and No obstructions such as telephone wires, power lines, poles, structures or vehicles; 3. and 4. No debris on the ground (remove any objects that may be blown around). Officers are also reminded to remove hats or cap