[CC 1990 §200.010; Ord. No. 71.010 §2, 8-10-1989]
This Chapter consists of the rules and regulations for the operation of the Police Department of this City. To the extent that this Chapter conflicts with the provisions of the Personnel Policy, this Chapter shall prevail. To the extent that regulations promulgated by the Mayor or by the Chief of Police, under the authority of this Chapter, conflict with the provisions of the Personnel Policy, then the Personnel Policy shall prevail.
[CC 1990 §200.020; Ord. No. 71.010 §2, 8-10-1989; Ord. No. 96.008 §1, 1-29-1996]
The Chief of Police is the director of the Police Department. He/she shall have immediate and direct control of the Department. He/she shall be subject to the supervision of the Mayor and the Board of Aldermen. He/she shall promulgate and enforce orders, rules and regulations for the efficient operation of the Police Department. He/she shall serve primarily in a supervisory capacity and shall be deemed a "bona fide executive" within the meaning of Part 541 of the Code of Federal Regulations.
[CC 1990 §200.030; Ord. No. 71.010 §2, 8-10-1989; Ord. No. 96.008 §2, 1-29-1996]
The duties and responsibilities of a patrolman are at the discretion of the Chief of Police.
[CC 1990 §200.195; Ord. No. 97.037 §1, 8-11-1997; Ord. No. 98.046 §§1 — 2, 10-12-1998]
A. 
Definitions. As used in this Section, the following words and/or phrases shall have the following meanings as set out herein:
EMERGENCY SITUATION
Any situation with respect to which the Police Officer has a reasonable belief that a crime is about to be committed, is being committed, or has been committed which involves injury or threat of injury to any person, property or governmental interest, and the officer's response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of any injury which may arise therefrom.
MAJOR CASE SQUAD
An entity which is formed, operated, organized or cooperatively engaged in between any County governing body, any municipal government and the City of Desloge for the purpose of intensive professional investigation of a specific crime which has occurred or which may occur in their general geographical area.
RESPONSE
To take any and all action which the Police Officer may lawfully take, to the same extent as if exercising his/her authority within his/her own jurisdiction.
B. 
Emergency Situation.
1. 
In an emergency situation a City of Desloge Police Officer, having received minimum training as prescribed under Chapter 590, RSMo., may respond outside of the territorial limits of the City of Desloge and, acting with full powers of arrest and authority granted him/her by the City of Desloge and in accordance with policies and procedures adopted and approved by the City of Desloge, may respond in his/her official capacity as a Police Officer to any such emergency situation.
2. 
Before a Peace Officer shall have the authority to respond to an emergency situation outside the boundaries of the political subdivision from which the officer's authority is derived pursuant to Subsection (1) of Section 70.820, RSMo., the authority shall be first authorized by ordinance, order, or other ruling by the Governing Body of the political subdivision from which the officer derives such officer's authority and by the Governing Body of the political subdivision in which the emergency situation is alleged to be occurring and by the Board of Police established by Section 84.020, RSMo., or by the Board of Police Commissioners established by Section 84.350, RSMo., if the officer derives his/her authority from either Board or if the emergency situation is alleged to be occurring within the jurisdiction of either Board.
C. 
Participation In Major Case Squad.
1. 
Officers of the City of Desloge Police Department are authorized to participate and cooperate with any law enforcement officer of any other jurisdiction in conjunction with the Major Case Squad. The Desloge Chief of Police shall designate which officers shall be authorized to participate in a Major Case Squad operation. Any such officer shall be considered to be on active duty while engaged in a Major Case Squad operation, to the same extent as if acting within the boundaries of the City of Desloge. Any power conferred upon a City of Desloge officer to act outside of the City's boundaries shall be exercised only during the time the Police Officer is an active member of the Major Case Squad, and only within the scope of the investigation or matter then being handled by the Major Case Squad. This provision shall not be construed to authorize any extra-territorial pursuit by City of Desloge officers, except in accordance with the specific pursuit policy maintained by the City of Desloge.
2. 
The Major Case Squad shall operate within the City of Desloge only upon the request of the Chief of Police of the City of Desloge, subject to Police procedures and policies then in force and effect within the City of Desloge, including but not limited to the specific pursuit policy maintained by the City. The Chief of Police shall furnish the Major Case Squad with copies of all relevant Police procedures and policies, including any pursuit policy, with the stipulation that such information shall be disseminated by the Major Case Squad to each other law enforcement agency or department participating in the Major Case Squad.
[CC 1990 §200.210; Ord. No. 71.010 §2, 8-10-1989]
The Chief of Police and all the Policemen, shall be appointed by the Mayor and the Board of Aldermen. All full-time Police Officers employed by the City shall be at least twenty-one (21) years of age. They shall be of good moral character and shall not have been convicted of any felony. They shall furnish at least three (3) good character references. A written examination for any applicant for Police Officer for the City shall be discretionary with the Board of Aldermen. Any of these qualifications may be waived by the Board of Aldermen for good cause.
[Ord. No. 2003.24 §§1 — 2, 9-15-2003; Ord. No. 2010.04 §1, 3-8-2010]
The purpose of this policy is to establish guidelines for officers utilizing mobile video systems for the recording of on the road activities, evidence gathering, irate citizens and any other Police activity that may occur within the capabilities of the mobile video system.
[Ord. No. 2003.24 §§1 — 2, 9-15-2003; Ord. No. 2010.04 §1, 3-8-2010]
A. 
The use of mobile video systems involves the recording of all traffic stops and citizen contacts that occur within the capabilities of the mobile video and audio equipment. As such, these systems offer visual and audio evidence of events that may become the subject of criminal or administrative action. It is the policy of the Desloge Police Department to maintain effective chain of custody and evidence control consistent with court admissibility standards to protect the quality of information recorded.
B. 
Criminal cases are presented for prosecution bases on the officer's ability to gather competent evidence. For example, this shall be accomplished through showing the operation of a motor vehicle while the driver is impaired from the consumption of alcohol, drugs, controlled substances or a combination of intoxicants. The officer will show the true of fact impairment of the driver through audio and visual recording of the driving/traffic violations committed by the driver and the standardized field sobriety testing conducted.
C. 
Officers shall conduct all violator contacts with the safety of the violator and the officer of paramount concern. Officers shall record all events surrounding the stop and arrest of the suspect and maintain this record as evidence in a criminal prosecution. Arresting officers must conduct themselves professionally and follow the legal and procedural guidelines set forth in this policy.
D. 
No officer shall intentionally record conversations with departmental personnel or City Officials without their knowledge except in the case of an official investigation. Any misuse of the recording equipment may result in disciplinary action.
[Ord. No. 2003.24 §§1 — 2, 9-15-2003; Ord. No. 2010.04 §1, 3-8-2010]
As used in this Article, the following terms shall have these prescribed meanings:
EVIDENTIARY RECORDING
Any recording made through the MVS that contains any criminal evidence or any other situations where the recording needs to be retained for possible future review i.e. pursuits, resistance/control, felony vehicle stop, irate citizen, etc.
MOBILE VIDEO SYSTEM (MVS)
An in-car camera and recording system with audio and video capabilities.
[Ord. No. 2003.24 §§1 — 2, 9-15-2003; Ord. No. 2010.04 §1, 3-8-2010]
A. 
Assignment Of Equipment. All Desloge Police patrol vehicles excepting the Chief's vehicle may be equipped with MVS. Officers assigned to vehicles shall be responsible to maintain the equipment in the condition in which it was issued.
B. 
Repair Of Equipment. If an officer finds that the equipment is not functioning properly, they shall notify their supervisor immediately. Officers shall never attempt any repair of mobile video equipment. Any repair will be performed via warranty or by a qualified repairman.
C. 
Distribution Of Equipment. Blank memory cards will be issued to officers. If needed, these supplies may be obtained from the shift supervisor.
[Ord. No. 2003.24 §§1 — 2, 9-15-2003; Ord. No. 2010.04 §1, 3-8-2010]
A. 
Equipment Check. All officers are required to inspect and perform a function check of recording equipment at the beginning of each shift. This check shall include audio as well as video and setup of the MVS for recording. A blank memory card shall be loaded in the system and as a final operating check, the officer shall record a brief statement containing officer name, DSN and date and time that shift begins. The system will then be activated for every traffic stop and citizen contact that occurs within the capabilities of the mobile video system.
B. 
Recording. Only memory cards supplied by the Desloge Police Department are to be utilized in MVS. Officers are not to tamper with MVS equipment or recordings. MVS can be used by officers for any collection of evidence or recording of audio as long as the equipment does not have to be removed from the patrol vehicle. The officers will, whenever possible, articulate actions of violators so that the audio coordinated with the video of the violation. Example, drunk driver: The officer shall verbally describe violations as they occur and will follow a vehicle only long enough to gather probable cause for a traffic stop. All of the indicators of intoxication or impairment will be articulated for the MVS.
C. 
Traffic Stop. Traffic stops should be made in a location that is as safe as possible for both the suspect and the officer. The Police vehicle should be approximately two (2) car lengths behind the subject's vehicle in order to provide a proper arena of performance. If such spacing is not possible, the officer shall adjust the camera angle before leaving the patrol vehicle to create an effective and safe area of performance.
D. 
Evidence And Arrest. Officers will make every effort to try and capture evidence recovery on MVS whenever possible. Example, field sobriety test should be conducted in view of the MVS and the officer should narrate the suspect's ability or inability to perform the test satisfactorily. Physical evidence recovered either from a suspect's vehicle or from their person should be presented in front of the MVS with the officer describing the evidence and where it was found so it can be recorded. Physical arrest, search of suspects and advisement of the Miranda warning should be conducted in view of the MVS whenever possible. Upon completion of the arrest and/or traffic stop, the officer will continue to record video and audio while transporting prisoner(s). When it is determined that a recording from the MVS needs to be seized as evidence, the officer will treat that recording the same as any other evidence seized by this department and will take the proper steps to see that the chain of custody is followed. The officer will mark that recording properly and will reference in his case report that such evidence does exist.
E. 
Wireless Microphone. Officers will wear the wireless microphone while on duty. The wireless microphone will be activated when the officer stops a vehicle or makes a citizen contact. The officer will narrate to the MVS any time that they are leaving the vehicle to enter the office, a business etc. and will narrate to the MVS when they return to service in the patrol vehicle. The officer will be responsible for keeping the wireless microphone active if he responds to the Police station to meet or deal with a citizen. Officers operating MVS will keep the volume of the AM/FM radio in the patrol vehicle to an acceptable volume so as not to interfere with the function of the MVS. AM/FM radio should be turned off when the officer may be narrating to the MVS. When an officer completes their shift, he/she will store the microphone in a secure location in the vehicle. That location will be determined and all officers will utilize that location for storing the microphone.
F. 
Memory Cards Issued.
1. 
A new memory card will be placed in the camera system at the beginning of each shift. The new cards are in protective cases located in a box on top of the microwave in the squad room.
2. 
The old cards will be placed in the protective cases and then placed in the Corporal's box. The Corporal will download/clear the cards and replace them into the box. The memory cards should never be out of their protective cases unless they are in the camera system.
3. 
If an officer is operating a patrol car with an in-car camera system — it will be utilized. If the camera system is not utilized — a supervisor must be notified via e-mail documenting the issue.
G. 
Release Of Recordings. Unless for purposes of prosecution, recorded evidence shall only be released from property/evidence at direction of the Chief of Police. Officers will not release to or allow any unauthorized person to view any MVS recording. Recordings needed for prosecution will be presented in the same manner as any other type of evidence. The Chief of Police must specifically approve release of recordings for purposes of training. Original recordings will not be released for training purposes, copies only. Released copies shall not be altered or censored in any way.