POLICY NO: P-111 LONDONDERRY POLICE DEPARTMENT POLICIES AND PROCEDURES DATE OF ISSUE: December 1, 1997 EFFECTIVE DATE: December 1, 1997 REVISED DATE: January 3, 2016 SUBJECT: THE USE OF DISCRETION BY POLICE OFFICERS PAGE: 1 of 5 BY AUTHORITY OF: William R. Hart Chief of Police CALEA # 1.2.5, 1.2.6 NEW AMENDS RESCINDS POLICY #: P-111 Dated: 12/01/99 I. PURPOSE II. POLICY A. The purpose of this policy is to define the legally mandated authority for the enforcement of laws; to establish procedures for assuring compliance with the constitutional requirements during criminal investigations; to set forth guidelines concerning the use of discretion by officers; and to define authority, guidelines and circumstances when officers should exercise alternatives to arrest and pretrial confinement. [1.2.5] A. The U.S. Constitution guarantees every citizen safeguards from government intrusion into their lives. These safeguards have become the cornerstone for the application of criminal justice in America. Consequently, these safeguards have placed limitations on the authority of police to enforce the laws of the nation, state and the town of Londonderry. The department expects its officers to act with due regard for its citizens' civil liberties. III. PROCEDURES A. RSA- 594 of the New Hampshire Code gives police officers the authority to enforce criminal laws, violations, of the state of New Hampshire, local town ordinances and regulations of the town of Londonderry. B. The U.S. and New Hampshire Constitutions provide safeguards for its citizens from government intrusion. C. Limitations on enforcement authority are derived from statutes, federal, state and local judicial interpretation of laws, opinions of the Attorney General and County Attorney, departmental policies/rules and regulations, and departmental administrative decisions. D. Local Courts may limit law enforcement authority to enforce state statutes and local ordinances. These limitations include, but are not limited to the enforcement of certain parking ordinances, the handling of juvenile offenders, the issuance of
Page 2 of 5 summonses as opposed to arrests/incarcerations and restrictions relating to animal control ordinances. E. The County Attorney may issue opinions to the department which may impose limitations on its officers. These areas include, but are not limited to prosecution of certain cases, extradition, and enforcement of certain statutes pending opinions from the New Hampshire Attorney General's Office. F. The Chief of Police may limit enforcement actions to include, but not limited to, the prosecution of suspected criminal violations, violations of law, traffic enforcement and control, public safety, parking violations, department policies, procedures, and general orders. G. Changes in laws and interpretations on laws may impose new limitations of police authority, or remove or alter existing limitations. Normally annual updates are provided to all personnel by the County Attorney and the New Hampshire Attorney General, in addition to state and federal case decisions. H. All officers when conducting criminal investigations will take all precautions necessary to ensure that all persons involved are afforded their constitutional safeguards. Officers will insure that: i. All statements or confessions are voluntary and non-coercive. ii. All persons are advised of their rights in accordance with the U.S. and New Hampshire Constitutions. iii. All persons arrested are taken promptly before a magistrate for formal charging. iv. All persons accused or suspected of a criminal violation for which they are being interrogated are afforded an opportunity to consult with an attorney. v. Prejudicial pre-trial publicity of the accused is avoided so as to not interfere with a defendant's right to a fair and impartial trial. I. The Use of Discretion by Police Officers: [1.2.5] i. Officers, by the nature of their job, are required to exercise discretion in the performance of their duties. Londonderry Police Department provides officers with written Policies and Procedures, General Orders, directed patrol assignments and training in order to aid them making decisions which govern discretion in performing their duties. These guidelines are contained within this policy and in other policies, and general orders in the
Page 3 of 5 Londonderry Police Department Manual of Operations. All officers shall become familiar with their contents and are expected to include the use of discretion in the performance of their duties where appropriate. [1.2.5] ii. With the exception of State and Federal Statutes, the U.S. and New Hampshire Constitutions, Departmental Policies, Rules and Regulations, it is up to the individual officer to consider the relevant facts, the situation, and then, using knowledge, training and good judgement, to make appropriate decisions. [1.2.5] iii. Supervisors shall closely observe the use of discretion by his/her subordinates and point out factual errors or alternatives that may be more appropriate. These alternatives shall be in line with the department's Goals and Objectives and with the image that the department would like to project to the community. [1.2.5] iv. The Prosecutor represents the department when presenting the complaints issued by the officers to the courts. He/she has the discretion in the best interest of the State, Town and Police Department, (with prior consultation and approval of the Chief of Police) to dismiss, nol pros or prosecute the department's cases. The Prosecutor shall advise the Chief of Police as to what action is appropriate to take on each case. The Prosecutor shall closely observe and point out factual errors or alternatives that may be more appropriate to the Officer, Supervisor, Division Commander and/or the Chief of Police where appropriate. [1.2.5] v. Division Commanders shall closely observe the use of discretion by his/her subordinates and point out factual errors or alternatives that may be more appropriate. [1.2.5] vi. Under certain circumstances, officers are faced with situations where an arrest and pre-arraignment confinement will not be possible. In this case, officers may elect to exercise certain alternatives such as the issuance of summonses, referral to a social service agency, or simply a warning. Examples may include, but are not limited to, mentally or emotionally disturbed persons, domestic situations (with the exception of New Hampshire RSA Chapter 173-B and Departmental Policy, O-201, where Domestic Violence mandates arrest), counseling may be more appropriate, Juvenile Offenders, (with the exception of N.H. RSA's, Juvenile Chapters 169-D:8 & 10, Chins or Juvenile Delinquency, 179:10, minors possessing alcoholic beverages, 265:81, minors transporting alcoholic beverages, Weldy v. Kingston, 128 NH 325, Departmental Policies, Minors
Page 4 of 5 Transporting Alcoholic Beverages, O-301, Custody of Juvenile Delinquents, O-406, transient persons who need shelter and food, certain misdemeanor cases and other N.H. Statutes, Court decisions, Policies, General Orders that apply, not noted above. [1.2.5] vii. RSA Chapter 594:14 of the New Hampshire Code authorizes an officer to issue a summons in lieu of arrest for persons charged with a misdemeanor offenses with certain exceptions, DWI and Domestic violence are two examples. Additionally, RSA 594:14 authorizes the use of summonses when enforcing state laws and town ordinances. [1.2.5] viii. In determining whether a summons should be used the officer should decide whether the offense committed is serious, make a judgment as to whether the accused poses a danger to the public or himself/herself, and decide based on the facts and circumstances, whether the person may disregard a summons. Warnings may be issued in lieu of summons where appropriate. [1.2.5] ix. Whenever appropriate officers should use discretion with the informal handling of criminal misdemeanors and/or violation offenses. Officers often deal with situations where the public interest would be better served by social service agencies or crisis and professional organizations. When in the judgment of the officer a better solution to the problem will be achieved by the use of alternatives to law enforcement, he/she should refer the citizen to a social services agency. [1.2.5] x. The use of warnings as an alternative to arrest and/or a summons may sometimes provide a satisfactory solution to a problem and may enhance the public perception of the department. Normally the use of warnings occurs in traffic offenses, but occasionally may be applied to criminal offenses. In determining if a warning should be issued, the officer should consider, the seriousness of the offense, the likelihood that the violator will heed the warning, the reputation of the violator, i.e., known repeat offender, has received previous warnings, etc. [1.2.5] xi. Officers often deal with situations where the public interest would be better served by the use of alternatives which could include, but not limited to: arrest, issuance of summons, referral to social agencies, or simply a warning. Where in the judgement of the officer a better solution to the problem will be achieved by the use alternatives to enforcement, he/she should use discretion in the performance of his/her duties. [1.2.5]
Page 5 of 5 IV. These policies and procedures replace and supersede all policies, procedures, rules, regulations, and written directives regarding????????????????????????????????.