[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.
[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.