Subject FIELD INTERVIEWS, INVESTIGATIVE STOPS/DETENTIONS, WEAPONS PAT-DOWNS & SEARCHES. DRAFT 7 April By Order of the Police Commissioner

Transcription

1 Subject STOPS/DETENTIONS, WEAPONS PAT-DOWNS & Date Published Page DRAFT 7 April of 18 POLICY By Order of the Police Commissioner It is the policy of the Baltimore Police Department (BPD) to conduct any interaction with people in a fair and respectful manner and within the confines of the law, while maintaining public and member safety. The BPD will accomplish this policy objective by adhering to the following guidelines: 1. Constitutional Stops. Following the United States Supreme Court decision in Terry v. Ohio, 392 U.S. 1 (1968), which established that law enforcement members can, consistent with the 4th Amendment to the Constitution, stop people when there is Reasonable Articulable Suspicion (RAS) to believe that they have committed, are committing, or are about to commit a crime, and can perform a Weapons Pat-Down of their outer garments for weapons when there is RAS to believe they are armed and dangerous. 2. Distinct and Separate Actions. Understanding that a Voluntary Contact, Field Interview, Investigative Stop/Detention, Vehicle Stop, Weapons Pat-Down, Search, and Arrest are distinct and separate actions, and each is governed by different legal and policy standards depending on the action. As such, an Investigative Stop/Detention does not automatically justify a Weapons Pat-Down or a Search (refer to the table on page 3 of this policy). 3. Discrimination-Free. Members shall not consider demographic category (including but not limited to race, ethnicity, national origin, religion, gender, sexual orientation, age, disability, or affiliation with any other similar identifiable group) as a factor in conducting a Field Interview, Investigative Stop/Detention, Vehicle Stop, Weapons Pat-Down, Search, and Arrest except as part of an actual and credible description of a specific suspect or suspects in any criminal investigation. 4. Documentation. Properly documenting all Field Interviews, Investigative Stops/Detentions, Vehicle Stops, Weapons Pat-Downs, Searches, and Arrests including the documentation of the demographic category of the person in question, in accordance with state and federal law. DEFINITIONS Arrest The taking of a person into custody by a BPD member, based on Probable Cause that a crime was committed, is about to be committed or is being committed, where there is actual restraint of the person. Field Interview A consensual face-to-face communication between a BPD member and a person to gather information about criminal activity, in which the person does not have to respond to questions and is free to leave.

2 Page 2 of 18 Investigative Stop/Detention A brief, involuntary restraint of a person for investigative purposes by a BPD member when he/she has RAS that the detained person has been is engaged in, or is about to engage in the commission of a crime. An Investigative Stop/Detention occurs when a person reasonably believes that he/she is not free to leave based on the circumstances and the conduct of the member, regardless of intent. RAS can be based on facts observed by the member, observations reported by trustworthy informants, and other factors that take into account the Totality of Circumstances that a person has been is engaged in, or is about to engage in the commission of a crime. NOTE: A routine Vehicle Stop conducted for the purposes of issuing a traffic citation or safety equipment repair order is generally not considered and Investigative Stop/Detention unless the duration of the stop exceeds 20 minutes, or during the stop additional actions such as a Pat- Down or Investigative Stop/Detention to investigate other activity beyond the scope of the original Vehicle Stop occurs. Pretext Stop Stopping a person for an infraction to investigate criminal activity for which the BPD member has neither RAS nor Probable Cause. Probable Cause Where facts and circumstances, known to the member and taken as a whole, would lead a reasonable member to believe that a particular person has committed, is committing or is about to commit a crime. Reasonable Articulable Suspicion (RAS) Reason to believe, based on the member s training and experience, that a person has committed, is committing or is about to commit a crime. RAS requires articulable facts (more than a hunch), but less than Probable Cause. Search An inspection, examination or viewing of persons, places, or items in which an person has a legitimate expectation of privacy. Totality of Circumstances The Totality of Circumstances consists of all facts and circumstances surrounding any event. Vehicle Stop The involuntary detention of a vehicle and the person driving the vehicle or an occupant of the vehicle. Voluntary Contact A consensual encounter between a BPD member and one or more members of the public with the intent of engaging in a casual and/or non-investigative conversation. The person(s) is free to leave or decline any request by the member at any point. Voluntary Contacts help to enhance communication, trust and understanding between the BPD and the community. Weapons Pat-Down/Frisk A hand pat-down of a person s outer garments for weapons. A Weapons Pat-Down should be done only if the member has RAS that the person has a concealed weapon and poses a threat to the public or the member. This type of Search is confined in scope to an intrusion reasonably designed only to discover weapons.

3 REQUIRED ACTION Members Page 3 of Members must act professionally and respectfully during all encounters with members of the public and must properly document these interactions. A quick reference chart is provided below to assist members in determining the legal and minimum reporting requirements for each type of contact. 2. Members shall not use boilerplate language when describing the basis for any of the below types of contacts. Members will use specific and individualized descriptive language sufficient to describe the basis of the contact. The amount of detail required depends on the complexity of the encounter. EXAMPLE: If a person is stopped in a vehicle because he/she ran through a stop sign, member may write Person ran through stop sign at XYZ location. Whereas, if a person is stopped because he/she engaged in erratic driving near the scene of a homicide and matches the suspect description, a correspondingly more detailed report is required. LEGAL REQUIREMENTS MINIMUM FORMS REQUIREMENT TYPE OF CONTACT Reasonable Articulable Suspicion Probable Cause Citizen/Police Contact Receipt Form 309 Incident Report, Form 8 Voluntary Contact Field Interview X Vehicle Stop traffic violation X X Vehicle Stop crime X X X 1 Investigative Stop/Detention X X X Weapons Pat-Down X X X Searches X X X Arrest X X 1 Member must complete an Incident Report, Form 8, when conducting a Vehicle Stop, when that stop leads to an Investigative Stop/Detention, Weapons Pat-Down, Search or Arrest.

4 Field Interviews Page 4 of A member may initiate consensual Field Interviews when he/she reasonably believes that an investigation is warranted. Examples of Field Interviews include, but are not limited to: 1.1. A witness who is questioned by a member regarding observations of, and circumstances surrounding, a crime When a member approaches a person and asks his/her name, address, purpose for being at a certain location, and any pertinent follow-up questions. 2. While a member may initiate a Field Interview for any legitimate, police-related purpose, Field Interviews shall not be conducted in a hostile or aggressive manner, or as a means of harassing any person or attempting to coerce a person to do anything (e.g., leave the area, consent to a Search, etc.). The person is free to end the Field Interview at any time and to refuse to answer the member s questions. Members conducting a Field Interview shall follow this protocol: 2.1. Introduce themselves by name and rank as soon as reasonable and practicable; 2.2. Refrain from using words or actions that tend to communicate that the person(s) are not free to leave or that they must answer questions; and 2.3. Reply in the affirmative if asked by the person(s) whether they are free to leave or may decline to answer questions. 3. When a person refuses to answer questions during a Field Interview, he/she must be permitted to leave. Furthermore, a person s failure to stop, refusal to answer questions, decision to end the encounter, or decision to walk away, cannot be used as the basis to escalate the encounter into an Investigative Stop/Detention, Weapons Pat-Down, Search, or Arrest of the person. 4. Members must remember that people are neither required to carry any means of identification nor can people be required to account for their presence in a public place. Members must inform the person(s) that providing identification is voluntary. 5. The duration of the Field Interview should be as brief as possible. The success or failure of a meaningful Field Interview rests on the member s ability to put the person at ease and establish a rapport. 6. All Field Interviews require the completion and issuance of a Citizen/Police Contact Receipt (See Appendix A). NOTE: A Vehicle Stop is not considered a Field Interview because the operator, who has been stopped for RAS or Probable Cause, is not free to leave until the completion of the traffic stop. The driver shall be issued a Citizen/Police Contact Receipt in keeping with this policy.

5 Vehicle Stops Page 5 of A member may conduct a Vehicle Stop only where he/she has Probable Cause that the driver has committed a traffic violation, or RAS that the vehicle or an occupant of the vehicle has been, is or is about to be engaged in the commission of a crime. 2. Members shall utilize police dispatch (CAD) to routinely and accurately report any Vehicle Stop, and shall record the location of each stop. 3. No matter the outcome of the Vehicle Stop, members shall document the following information after conducting all Vehicle Stops and a XXXX: 3.1. Members names and sequence numbers; 3.2. Date and time of the stop; 3.3. Location of the violation and/or stop; 3.4. Duration of the stop; 3.5. The driver s apparent demographic category; 3.6. Reason for the Vehicle Stop, such as a statement of the traffic offense observed prior to the Vehicle Stop or other facts creating Probable Cause or RAS that were observed prior to initiating the Vehicle Stop; 3.7. Whether the driver or any passenger was ordered by a member to exit the vehicle, and the reason; 3.8. Whether any member approached the vehicle with a service weapon drawn; 3.9. Whether members conducted a Weapon Pat-Down and, if so, the specific RAS that the person(s) was/were armed with a dangerous and deadly weapon; Whether members conducted a Search based on Probable Cause and, if so, the facts establishing the Probable Cause to conduct a Search; Whether members asked any person(s) to consent to a Search and whether such consent was given; Whether members found any unlawful weapons, narcotics, or other contraband during a Search, and the nature of such contraband; and Disposition of the Vehicle Stop, including whether member(s) issued a citation, warning or made an Arrest.

6 Page 6 of 18 Investigative Stops/Detention 1. In determining whether RAS exists to justify an Investigative Stop/Detention, members should consider the following factors under the Totality of the Circumstances: 1.1. Visual indications that suggest the person is carrying a firearm or other deadly weapon, such as a bulge under the person s clothing Informant tips and information Observations of what appears to be criminal conduct based on experience Furtive behavior Lateness of hour Presence in a high crime area Evasive conduct or unprovoked flight. NOTE: One factor alone is often not sufficient to establish RAS. This list is not all-inclusive and circumstances will vary in each case. 2. When conducting an Investigative Stop/Detention, members must: 2.1. Remain courteous and respectful at all times, but maintain caution and vigilance Before approaching more than one person, determine whether the circumstances warrant a request for backup assistance and whether the Investigative Stop/Detention can and should be delayed until such backup arrives Inform the person(s) stopped that they are not free to leave Limit questions to those concerning the person s identity, place of residence, and other inquiries necessary to resolve the member s suspicions Ensure that the person is stopped for only that period of time necessary to effect the purpose of the stop Notify a supervisor if the person is: Injured during the Investigative Stop/Detention or complains of injury; Transported from the initial place of contact; Stopped more than 20 minutes; or Handcuffed and/or subjected to an Arrest and control technique.

7 Page 7 of Member can only transport the person for fingerprinting, questioning or any other investigative purpose when there is Probable Cause to make an Arrest. Members may transport the person who has been stopped for an Investigative Stop to a different location for questioning if the stopped person requests to speak with members in a different location. When such a request is made, members will document the request in writing on an Incident Report, Form 8, and the person making the request will sign the documentation If the person stopped is to be released: Immediately release the person and explain the reason for the Investigative Stop/Detention and the release Provide transportation if the person was taken from the initial scene of the stop. 4. Following an Investigative Stop/Detention: 4.1. A central complaint number must be issued from police dispatch, and an Incident Report, Form 8, must be completed. Members should describe in detail the circumstances which led to the Investigative Stop/Detention, including clearly and specifically documenting the facts on which the member s RAS was based (See Appendix B and C). Members are prohibited from using boilerplate language when describing the basis for an Investigative Stop/Detention The Incident Report, Form 8, must include the following information: Race, ethnicity, gender and age of the person stopped; The location of the stop, including the address or nearest intersection; The central complaint number; Specific, individualized description of the facts that established RAS for the stop, prior to the stop being made; Approximate duration of the stop; Outcome of the stop, including whether member(s) issued a civil or criminal citation, made an Arrest or issued a warning; Whether member(s) conducted a Weapons Pat-Down, and if so, the RAS that the person was armed and dangerous; Whether member(s) conducted a Search based on Probable Cause, and if so, the facts establishing Probable Cause for the Search; Whether member(s) asked any person(s) to consent to a Search and whether such consent was given;

8 Page 8 of Whether member(s) found any unlawful weapons, narcotics, or other contraband during a Search, and the nature of the contraband; and Whether the Investigative Stop/Detention began as a Voluntary Contact or Field Interview. 5. The member must provide the person with an explanation of the purpose of the stop, and provide Form 309 to the person with the member s name, the date, and central complaint number. 6. Members are prohibited from: 6.1. Conducting Pretext Stops under Whren v United States, 517 U.S. 806 (1996), in a way that violates the Fourteenth Amendment, Title VI, or the Safe Streets Act; 6.2. Conducting Pretext Stops in which the pretext justification is loitering or misdemeanor trespass. This does not prohibit stops that are not pretextual, such as a stop in response to a call for service concerning loitering or misdemeanor trespass; 6.3. Using boilerplate language or language that comes to a conclusion without providing supporting detail in the report documenting the Investigative Stop/Detention; 6.4. Relying on information known at the time of reliance to be materially false or incorrect in effectuating an Investigative Stop/Detention; 6.5. Using a person s geographic location, such as a high crime area or proximity to the scene of a suspected or reported crime without any other reasonable articulable facts that a person is, has or is about to be engaged in criminal activity as a basis for an Investigative Stop/Detention; 6.6. Basing the Investigative Stop/Detention only on an person s response to the presence of police, such as an person s attempt to avoid contact with a member; and 6.7. Basing the Investigative Stop/Detention on a person s presence in the company of others suspected of criminal activity without any additional reasonable articulable facts that a person is, has or is about to be engaged in criminal activity. Weapons Pat-Downs 1. Members may only conduct a Weapons Pat-Down during a Field Interview or Investigative Stop/Detention, when RAS exists that the person is armed with a dangerous and deadly weapon. 2. In determining whether sufficient RAS exists to support the Weapons Pat-Down, a member should consider the following factors: 2.1. The type of crime suspected, particularly in crimes of violence where the use or threat of deadly weapons is involved The number of people to be handled by a single member.

9 Page 9 of The hour of the day and the location where the stop takes place Prior knowledge of the person s criminal history and propensity to use force or carry deadly weapons The appearance and demeanor of the person Visual indications that suggest the person is carrying a firearm or other deadly weapon, such as a bulge under the person s clothing Furtive behavior. NOTE: There is no routine or automatic member safety justification for a Weapons Pat-Down during an Investigative Stop/Detention. 3. Members must follow these guidelines when performing a Weapons Pat-Down: 3.1. A Weapons Pat-Down shall not be used to conduct full Searches designed to produce evidence or other incriminating material Whenever possible, Weapons Pat-Downs should be conducted by at least two members: one who performs the Weapons Pat-Down and another who provides protective cover Absent exigent circumstances, Weapons Pat-Downs should be performed by members of the same gender of the person who is stopped. A Weapons Pat- Downs of a transgender woman shall be conducted by a female member, absent exigent circumstances Members are permitted only to pat the outer clothing of the person. Members may not place their hands in pockets or reach into an article of clothing unless they feel an object that could reasonably be a weapon, such as a firearm, knife, club, or other item, that could be used to harm the member or others. The member may not manipulate an object underneath clothing in an effort to determine the nature of the object If the person is carrying an object such as a handbag, suitcase, briefcase, sack, or other object that may conceal a weapon, the member should not open the object but instead place it out of the person s reach If the member reasonably suspects that harm may result if the unsearched object is returned to the person, the member may briefly feel the exterior of the object in order to determine if the object contains a weapon or other dangerous item. The member may not manipulate the exterior or Search the interior of the object in question If, during a Weapons Pat-Down, the member feels an item and believes it could be a weapon used to harm the member or others, the member may reach into or disturb the article of clothing and remove the item.

10 Page 10 of If, during the process of removing the suspected weapon, the member discovers other items which are contraband or evidence of a crime, the member may lawfully seize those items, and the items may be considered when establishing Probable Cause to make an Arrest or to conduct a Search of the person If the person stopped is arrested because a weapon was found, a Search, incident to Arrest, may be conducted in accordance with departmental training and procedures The member must complete any related Incident Report (Form 8) and documentation, and submit to a supervisor. The completed reports shall make it clear that the Arrest was the result of an Investigative Stop/Detention or Weapons Pat-Down, and the member must follow the reporting guidelines listed in 4.2. under Investigative Stops/Detentions above. 4. The member must notify a supervisor if the stopped person is: 4.1. Injured during the Investigative Stop/Detention or Weapons Pat-Down or complains of injury; 4.2. Transported from the initial place of contact; 4.3. Stopped more than 20 minutes; or 4.4. Handcuffed and/or subjected to an Arrest and control technique. 5. If the person stopped is to be released because no weapon was found, and there is no Probable Cause for a Search or an Arrest, the member must: 5.1. Immediately release the person and explain the reason for the Investigative Stop/ Detention, the Weapons Pat-Down, and the release Obtain a central complaint number from police dispatch and complete an Incident Report, Form 8. Describe in detail the circumstances which lead to the Weapons Pat-Down (See Appendix B and D), and follow the reporting guidelines listed in 4.2. under Investigative Stops/Detentions above. 6. Provide Form 309 to the person with the member s name, the date and central complaint number.

11 Searches Page 11 of Warrantless Searches of people are only acceptable in the following circumstances: 1.1. Where the search is incident to a lawful Arrest, or 1.2. Where the member has obtained a consent to Search. 2. Probable Cause to believe that a person is carrying evidence does not justify a warrantless search of the person. 3. Absent exigent circumstances, an LGBT person s preferences with respect to the gender of the member conducting a Search will be honored. 4. Members are prohibited from relying on information known at the time of reliance to be materially false or incorrect to justify a warrantless Search or to seek a Search warrant. Consent Searches 1. Members must have an individualized reason to conduct a Search in order to make a consent Search request of a person. If consent is given, it must be done so freely, and not based on intimidation or coercion. 2. Prior to a Consent Search, the member shall provide a Permission to Search, Form 29, to the person whose person or property they wish to Search and shall explain the purpose of the form Members may not conduct a Search until the person has signed the Permission to Search form If the person gives verbal consent to Search but refuses to sign the form, the member may proceed with the Search but MUST document the person s verbal consent and refusal to sign the Permission to Search form, preferably on Body-Worn Camera (BWC) if one is present If the person requests further explanation of their rights or if it is apparent that the person giving consent has difficulty reading or understanding their rights, the member shall affirmatively explain that a person has a right to refuse, limit, and revoke consent at any time, and member will certify that they have read and explained the right to refuse, limit and revoke consent to the civilian. Vehicle Searches

12 Page 12 of 18 Superiors Responsibilities for Field Interviews, Vehicle Stops, Investigative Stops/Detentions, Weapons Pat-Downs and Searches First-line Supervisors 1. Review and sign all Citizen/Police Contact Receipts. 2. Complete a review of all documentation for Investigative Stops/Detentions, Weapons Pat-Downs and Searches for completeness and adherence to law and policy within 72 hours of when the Investigative Stop/Detention, Weapons Pat-Down or Searches occurred This deadline may be extended only if deficiencies are found and additional investigation or corrective action is required. 3. Document and report: 3.1. Investigative Stop/Detention that appear unsupported by RAS, or that otherwise violate BPD policy; 3.2. Searches that appear to be without legal justification or an in violation of BPD policy; 3.3. For every Search involving the recovery of contraband evidence, document whether the circumstances by which evidence was recovered was supported by Probable Cause; and 3.4. Stops or Searches that, while complying with law and policy, indicate a need for corrective action or review of agency policy, strategy, tactics, or training. 4. Review reports and forms for deficiencies, including: 4.1. Boilerplate or language that comes to a conclusion without providing supporting detail, inconsistent information, lack of articulation of the legal basis for the action, or other indicia that the reports or forms may contain information that was not accurate at the time it was reported; 5. Submit all Incident Reports, Form 8, and Citizen/Police Contact Receipts through the proper channels. 6. Take appropriate action to address all apparent violations or deficiencies in Field Interviews, Vehicle Stops, Investigative Stops/Detentions, Weapons Pat-Downs, Searches, and Arrests including deficiencies in reporting Appropriate action may include recommending non-disciplinary corrective action for the involved member, training, and/or referring the incident for administrative or criminal investigation For each subordinate, the supervisor shall track each violation or deficiency and the corrective action taken, if any, to identify members needing repeated corrective action Note each violation or deficiency in BlueTeam.

13 Page 13 of Document evidence of negligence or repeated failures to accurately complete applicable reporting in BlueTeam for progressive discipline. Commanding Officers 1. Provide training and conduct audits of Incident Reports, Form 8, and Citizen/Police Contact Receipts, as necessary, to ensure members understand and apply appropriate legal standards when conducting Field Interviews, Vehicle Stops, Investigative Stops/Detentions, Weapons Pat- Downs, Searches, and Arrests. 2. Ensure first-line supervisors have conducted thorough review of members Field Interviews, Vehicle Stops, Investigative Stops/Detentions, Weapons Pat-Downs, Search, and Arrest reporting, and document their review within 72 hours (deficiencies are found and additional investigation or corrective action is required). 3. Ensure all Citizen/Police Contact Receipts are forwarded to the Records Management Section for entry into the Stop Ticket database on a timely basis. 4. Forward all hard copies of all Incident Reports, Form 8, and Citizen/Police Contact Receipts to the Records Management Section (RMS). Records Management Section, Commanding Officer 1. Whenever a Weapons Pat-Down was conducted without recovering a firearm, and an Incident Report, Form 8, was received, complete a Maryland State Police Firearms Report and forward the report to: Superintendent Maryland State Police Pikesville, Maryland Collect and forward, on a daily basis, copies of all reports relating to recovered firearms to the Director, Crime Laboratory Section. 3. Ensure Citizen/Police Contact Receipts are entered into the Stop Ticket database in a timely manner. 4. Retain copies of all Citizen/Police Contact Receipts indefinitely. Crime Laboratory Section, Director 1. Shall ensure a Maryland State Police Firearms Report is completed for each firearm recovered and forwarded daily to: Superintendent Maryland State Police Pikesville, Maryland

14 Page 14 of 18 Police Training Academy, Director 1. Ensure that the procedures of this policy are consistent with entrance level and in-service training curricula. 2. Provide ongoing roll call training on the contents and subject of this policy. AUDITS?? 73, 74, 77, 82-86?? APPENDICES A. Citizen/Police Contact Receipt B. Incident Report, Form 8 C. Incident Report Investigative Stop/Detention, Form 8 D. Incident Report Weapons Pat Down, Form 8 ASSOCIATED POLICIES Policy 720, Policy 808, Policy 809, Policy 906, Policy 1007, Policy 1013, Policy 1018, Policy 1106, Lesbian, Gay, Bisexual, and Transgender Involved Incidents Criminal and Civil Citation Procedures Marijuana Uniform Civil Citation Traffic Citations Search and Seizure Warrants Strip Searches and Body Cavity Searches Quality of Life Offenses Core Legal Elements Warrantless Arrest Procedures and Probable Cause Standard RESCISSION Removed and destroyed/recycled Policy 1112, Field Interviews, Investigative Stops, Weapons Pat- Downs & Searches, dated 26 August COMMUNICATION OF POLICY This policy is effective on the date listed herein. Each employee is responsible for complying with the contents of this policy.

15 APPENDIX A Page 15 of 18 Citizen/Police Contact Receipt

16 APPENDIX B Page 16 of 18 Incident Report, Form 8, page 1

17 APPENDIX C Page 17 of 18 Incident Report, Form 8, page 2 for Investigative Stop/Detention

18 APPENDIX D Page 18 of 18 Incident Report, Form 8, page 2 for Weapons Pat-Down