PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.17 Issued Date: 05-10-82 Effective Date: 05-10-82 Updated Date: 11-20-00 SUBJECT: WANTED PERSONS 1. POLICY *7 A. In all cases where the perpetrator has been identified, the assigned investigator shall prepare an Affidavit of Probable Cause (75-52) and obtain the arrest warrant. In felony cases, it shall be the responsibility of the Commanding Officer of the Detective Division charged with the investigation to ensure that every effort is made to apprehend the wanted person and to document those efforts. The Commanding Officer shall ensure that members of their command charged with the responsibility of apprehension are prepared to present in court such documentation as is necessary, to show full compliance by the Department with Rule 1100 of the Pennsylvania Rules of Criminal Procedure (180 day rule). B. Wanted persons shall be entered in the Philadelphia Crime Information Center (P.C.I.C.). *1 C. Wanted persons shall be entered in the National Crime Information Center Computer System when approved by a Captain, Detective Bureau. D. Federal Fugitive Flight Warrants will be obtained as outlined in this Directive. 2. PROCEDURE FOR EFFECTUATING A "WANTED PERSON" A. The assigned investigator shall review the complaint and investigation with their supervisor. The supervisor will decide whether a suspect will be placed in "wanted" status. B. To initiate a "wanted", the assigned investigator shall: 1. Obtain a complete and accurate description of the subject. 2. Obtain information from Investigator's Aid to Interview (75-229) by telephoning xxx-xxxx. a. Obtain year, make, style, color, registration and issuing state of subject's auto. DIRECTIVE 5.17-1
3. Secure a warrant. *2 4. Send a "want" message. A preformatted screen will appear by typing "want" on the terminal screen and depressing the enter key. Fill in the following information (refer to Computer Training Bulletin 87-01). a. Last name, first name, middle name (or initial), eye color, skin complexion, sex, D.C. number, date of birth, height, weight, hair color, FBI number, NCIC fingerprint classification, social security number, race, date of warrant, address, alias or nickname, warrant number, Philadelphia photo number, build, charge (highest charge only), UCR Code (highest charge only), name of judge who issued warrant, NCIC entry (yes or no) authorized by (name of captain or above who authorized NCIC entry - if a local (PCIC) entry leave blank), armed/dangerous (yes/no), remarks/additional information: scars, marks, tattoos, vehicle information, areas frequented, locations subject may go to, any other physical characteristics not stated above, circumstances related to the warrant, additional charges, etc. b. PCIC entry - Minimum information necessary is name, DOB, sex, race, height, weight, hair, DC#, UCR code, warrant number, date of warrant. 5. Add to "Wanted" a. An add to "Wanted Person" message will be sent by the assigned investigator when additional information is obtained and/or there is any change in original message. b. Include the general number of the "add to" message in the Supplementary Report (75-52). C. Entry Into National Crime Information Center (N.C.I.C.) 1. The following prerequisites must be met to enter a wanted person into the N.C.I.C. System: a. Subject wanted for a felony or a serious misdemeanor. *7 b. Will extradite to Philadelphia, in accordance with any established extradition limits. NOTE: Although there are usually no limits placed on extradition, each case should be discussed on an individual basis with the pertinent Detective Division Captain. Judgment must be used in setting the distance for extradition, based on the seriousness of the crime and the personal profile of the wanted person. Extradition limits can be specified, e.g., within 100 miles; from adjoining states only. DIRECTIVE 5.17-2
*3 2. The assigned investigator will notify a Detective Bureau Captain for approval. *7 3. The following information is mandatory in order for N.C.I.C. to accept the subject into the system. These fields are designated by asterisk on the screen. a. Name b. Eye Color c. Sex d. DC Number e. Date of Birth f. Height g. Weight h. Hair Color i. Race j. Date of Warrant k. Warrant Number l. Charge - highest charge only m. UCR Code of highest charge only n. Judge who issued warrant o. NCIC (yes) p. Authorized by - Captain or above who authorized NCIC entry q. Armed/dangerous - caution indicator entered (yes/no) D. Cancellation of "wanted" entry 1. Assigned investigator (with supervisor's approval) will: a. Enter and/or cancel all pertinent messages. b. On arrest cases, attach copy of original warrant to district/unit (pink copy) of Investigation Report (75-49). Attach completed warrant to Arrest Report (75-50) and give to District Operations Room Supervisor. Warrant shall accompany defendant to the Preliminary Arraignment. E. Post Arrest Procedure 1. Assigned investigator will: a. When there is a detainer from the District Attorney's Office, Sheriff's Office, Clerk of Quarter Sessions, notify the pertinent agency and enter on the Arrest Report (75-50) who was notified, time and date. b. When there is a detainer from the State or County Parole/Probation and subject is arrested on additional charge(s): DIRECTIVE 5.17-3
1) Notify Parole/Probation Officer and ensure detainer accompanies defendant to the Preliminary Arraignment. 2) Enter under remarks section of 75-49 that defendant was Parole/Probation violator. c. Parole/Probation violator in custody - no additional charges. 1) Notify Parole/Probation agent and confirm warrant. 2) Prepare Investigation Report (75-49) with Philadelphia Classification Parole Violation (2645), Probation Violation (2648). 3) Send violator to Detention Unit for processing (fingerprinting and photographs). 4) Obtain hearing date for Detention Center from appropriate parole/probation agency and note date on 75-50 under remarks. 2. Detention Unit Supervisor will ensure that detainer and Arrest Report (75-50) accompanies violator to the institution. F. P.C.I.C./N.C.I.C. Supervisor will: 1. Promptly review "wanted" message for completeness and place (enter or cancel) appropriate information into P.C.I.C. *4 2. Place appropriate information into N.C.I.C. when approved by a Detective Bureau Captain. 3. Upon receipt of P.C.I.C./N.C.I.C. wanted person entry form from outside law enforcement officers (F.B.I., Secret Service, U.S. Marshall) appearing in person: a. Inspect the identification of the officer presenting the above form. b. Require the officer to sign the form. c. Check the form for completeness. 3. PROCEDURE FOR APPREHENSIONS A. The assigned detective shall: DIRECTIVE 5.17-4
1. Make every effort to determine the location of the wanted subject, prior to obtaining the warrant. 2. Before attempting to apprehend the suspect, obtain as complete a background as possible. Include, but not be limited to criminal records, N.C.I.C. and P.C.I.C. checks, Intelligence Files as well as other law enforcement agencies where applicable. 3. Attempt to apprehend the wanted subject immediately upon obtaining the warrant. 4. If apprehension is not made on the first day that the warrant is issued, send a wanted message in accordance with standard procedure. 5. Prepare a separate folder for each wanted person. This folder will be filed in the division warrant file and shall contain: a. Investigation Reports (75-49) and all supplemental 75 series reports - pertinent copies. b. Criminal Complaint (75-79) - one for each wanted subject. c. Two photographs of each wanted subject. Including, but not limited to, criminal photos on file. Seek other sources such as family, friends and employment. d. Two copies of Extract of Criminal Record (75-10) with current disposition. e. Copy of General Computer Message and Wanted Bulletin. f. Two copies of Formal Statement (if taken). g. Original and one copy of Arrest Warrant. h. Composite sketch of wanted subject (if prepared). i. A copy of all Attempts to Apprehend Logs with all supportive material, such as copies of interviews made during every attempt to apprehend. 6. Attempt to apprehend the wanted subject at least once a week and document each attempt on an "Attempt to Apprehend Log". These efforts to apprehend WILL NOT BE CURSORY attempts. Maximum efforts will be made to apprehend fugitive. B. Detective Division Captain shall: DIRECTIVE 5.17-5
1. Maintain a wanted person file (alphabetical and by date warrant was issued). 2. Ensure that apprehension attempts are made weekly on each warrant in the wanted person file. 3. Personally review and sign all reports submitted on apprehensions or attempts, for persons in the wanted file. 4. Personally ensure that the District Attorney's Office - Deputy of Intergovernmental Affairs is notified of all arrests of our "wanted persons" in other jurisdictions in Pennsylvania. 5. Make arrangements to transport subject back to Philadelphia for arrest purposes and once subject is back, follow proper arrest procedures. 6. Ensure that, when personnel are transferred, detailed out or off for an extended period of time (vacation, sick, IOD, etc.) the case file is assigned to another detective for apprehension attempts. 4. FEDERAL FUGITIVE FLIGHT WARRANT A. When a wanted person is suspected of being a fugitive (a person wanted by the Philadelphia Police Department who flees the Commonwealth of Pennsylvania to avoid prosecution or confinement) and the assistance of the F.B.I. is desired, the assigned detective shall: 1. Investigate case thoroughly and upon concluding that the wanted person is a fugitive, contact the District Attorney's Office - Deputy of Intergovernmental Affairs. a. If the District Attorney's Office concurs with "fugitive" status, the investigator shall notify his Commanding Officer. 2. The Commanding Officer of the Detective Division or Unit shall: a. Ensure that a warrant is obtained for local criminal offenses, and record warrant information on "Warrant Record" (75-198). b. Prepare in triplicate and forward to Chief Inspector, Detective Bureau, a memorandum outlining basis for requesting a Federal Fugitive Flight Warrant. 3. Chief Inspector, Detective Bureau shall: a. Approve or disapprove request. DIRECTIVE 5.17-6
b. Return one copy of memorandum to requesting unit. B. Approved requests shall cause the Chief Inspector to authorize: 1. The preparation of a letter to the District Attorney of Philadelphia County, attention Chief District Attorney's Detective, requesting the District Attorney to petition the United States Attorney for the Eastern District of Pennsylvania to issue Federal Warrant, charging Unlawful Flight to Avoid Prosecution or Confinement. 2. The supervisor of the requesting division or unit to immediately notify the Philadelphia Office of the Federal Bureau of Investigation that there is a letter requesting the warrant. 5. CONTROL REGISTER A. Computer Unit will periodically forward to each division, unit or agency, a "wanted" persons control register, in duplicate, listing in alphabetical order the names of persons for whom a "wanted" entry is actively on file. B. Upon receipt of the register, the unit will ensure that the persons listed are still "wanted" and that no names have been omitted. 1. When a name is on the register and is no longer "wanted", the unit's commanding officer will: a. Ensure that a local teletype message is initiated, canceling the "wanted" message. b. Encircle the name on the register and enter date and General Number of cancellation. 2. When the name of a "wanted" person has been omitted from the register, the unit's Commanding Officer will: a. Send a "wanted" message to have subject entered on register. b. Add the omitted name, General Number and date the teletype "wanted" message was sent at the bottom of the control register. C. After checking the Control Register, the Commanding Officer shall endorse it and indicate his approval. Original register shall be returned through channels to the Computer Unit on or before the date due. DIRECTIVE 5.17-7
BY COMMAND OF THE POLICE COMMISSIONER FOOTNOTE GENERAL# DATE SENT REMARKS *1 0431 04/27/87 CHANGE *2 0431 04/27/87 CHANGE *3 0431 04/27/87 CHANGE *4 0431 04/27/87 CHANGE *5 6101 07/24/85 ADDITION *6 2155 05/07/99 CHANGES *7 9109 11/20/00 CHANGES *8 9114 11/20/00 CHANGES 6013 05/14/85 PROCEDURE 7928 12/15/82 PROCEDURE DIRECTIVE 5.17-8
PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.17 APPENDIX "A" Issued Date: 09-27-85 Effective Date: 09-27-85 Updated Date: 05-07-99 SUBJECT: PERSONS WANTED BY OTHER JURISDICTIONS IN PENNSYLVANIA 1. POLICY *6 A. Persons wanted by other jurisdictions in Pennsylvania will be the responsibility of the Detective Bureau Warrant Unit or the Detective Division of Occurrence. Homicide suspects will be the responsibility of the Homicide Division. 2. PROCEDURE FOR REQUESTS *6 A. When an outside county jurisdiction transmits over our telecommunications system, a message requesting persons to be carried as "wanted," The Data Processing Unit terminal operator will re-route the message to the Detective Bureau Warrant Unit Terminal. If there is no one available at this terminal to receive this message, it will be re-routed to the Detective Bureau Headquarters terminal. B. The Detective Bureau Supervisor will: 1. Accept, evaluate, and record the information. 2. When the request is a priority or of an emergency nature, initiate an immediate investigation by notifying the pertinent JAD or Detective Division Supervisor to assign an investigator to this request. 3. In non-emergency situations, forward all pertinent information to the Felony Investigations Unit. C. The ASSIGNED Detective Division Supervisor will: 1. Assign a detective to investigate the request. 2. Ensure that PCIC/NCIC checks are performed. 3. Ensure that an attempt to apprehend the wanted person is made by the assigned investigator. *6 D. The assigned Detective Bureau Warrant Unit or Detective Division investigator will: DIRECTIVE 5.17-1 APPENDIX A
1. Review the request to insure it is valid and in the event of an arrest, conforms to Pennsylvania Rules of Criminal Procedure, Rule 123. a. If request does not contain sufficient information (type of warrant issued) to show said conformance, the requesting jurisdiction must be contacted to obtain such information. 2. Attempt to apprehend the wanted person when information is available concerning their whereabouts in the City of Philadelphia. 3. Prepare a Complaint or Incident Report (75-48) and Investigation Report (75-49), (Coded: 3115, "Investigation for Other Jurisdiction") {If an apprehension is made, follow normal arrest procedure.} Record the results of the Apprehension/Attempt under the action taken section of the Investigation Report (75-49). If unsuccessful, forward warrant and copy of 75-49 to the Felony Investigations Unit for further investigation. E. Requests in person by police officers from out-of-town jurisdictions for the assistance of the Philadelphia Police Department in apprehending a wanted person will be processed as outlined above. *6 F. Commanding Officer, Detective Bureau Warrant Unit or Detective Division, will: 1. Review entire investigation with pertinent supervisor and assigned detective. 2. Evaluate the extent of the investigation and decide if further action is necessary. 3. In cases where an apprehension has not been made, prepare a letter to the out-oftown authority listing the action taken in the investigation, and indicate that every effort will be made to apprehend the wanted person. Request that out-of-town authorities notify the Philadelphia Police Department whenever a wanted person is apprehended by them or another jurisdiction. 3. PROCEDURE FOR PROCESSING PRISONERS *6 A. When an apprehension is made, the Detective Bureau Warrant Unit, Juvenile Aid Division, or Detective Division Supervisor will ensure that: *8 1. The jurisdiction originating the warrant is immediately notified by computer of the defendant's arrest and requested to fax the Philadelphia Police Department s Records and Identification Unit a set of fingerprints of the defendant in custody. The Records and Identification fax numbers are as follows, (215) xxx-xxxx/xxxx. NOTE: In cases of arrest warrants, include the time and place of the bail hearing. DIRECTIVE 5.17-2 APPENDIX A
2. If the defendant is wanted by the Philadelphia Police Department, they receives a preliminary arraignment and hearing on the out-of-town arrest warrant as well as on the local charges. NOTE: The only BENCH warrants will be lodged as detainers to hold defendant in cases where bail is met on the local charges. B. Bench Warrants 1. A defendant arrested in Philadelphia based only on a bench warrant filed by an issuing authority or court in any out-of-county jurisdiction (within Pennsylvania) will NOT be brought before the PAB Preliminary Arraignment Court. 2. If a representative from the out-of-county (e.g., Bail Agency Warrant Officer, Sheriff or Police Officer, etc.) assisted in making the arrest on the bench warrant, then the defendant will be handed over immediately to that representative for transport back to the other Pennsylvania County for processing of the bench warrant. 3. If the arrest is made without out-of-county assistance, then the defendant will be transported to the Detective Division of arrest. 4. The assigned detective will contact the out-of-county agency, via computer, to determine if and when they intend to reclaim the defendant. a. If a response is not received from the agency within six (6) hours, and defendant is not otherwise wanted or being charged locally, he will be released from custody. b. If the agency does respond and intends to reclaim defendant within six (6) hours of arrest, detain suspect in Detective Division. c. If the agency responds with intent to reclaim defendant more than six (6) hours after arrest, have defendant transported to Police Detention Unit with copies of the wanted message and the responding agency's message, and the yellow copy of the 75-48. 5. An out-of-county bench warrant defendant (no other charges) held in the Police Detention Unit twenty-four (24) hours from arrest, without being reclaimed, will be released from custody. C. Arrest Warrants DIRECTIVE 5.17-3 APPENDIX A
1. The defendant will be slated for the charges stated on the warrant and transported to the Detention Unit for processing. a. Classification will be "Arrest for Other Jurisdiction Within Pennsylvania - Code 3124." Enter out-of-town charges on the Arrest Report (75-50). Also enter estimated time of arrival of demanding county representative. NOTE: These defendants will NOT be charged with being a "fugitive" since this charge only applies to defendants arrested on an "out-of-state" warrant. 2. The defendant will have a bail hearing before the Bail Commissioner at the PAB. 3. If this defendant is able to post the bail, then they can be released with notice to appear in the other county for preliminary arraignment. 4. If they is not able to post the bail, the defendant will be held until some representative of the other county arrives to take custody. 5. If the other county cannot respond within a reasonable time, the prisoner will be held at the Philadelphia Detention Center. *6 a. In these cases, the Detective Bureau Warrant Unit will be notified. 6. Send a "locate message" through NCIC to show that the wanted person has been arrested and located in Philadelphia (Type in FUGI, then enter. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE 5.17-4 APPENDIX A
PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 77 APPENDIX "B" Issued Date: 05-10-82 Effective Date: 05-10-82 Updated Date: 11-20-00 SUBJECT: PERSONS WANTED IN OTHER STATES 1. POLICY *6/*5 A. Fugitives, persons wanted in another state for a charge that is extraditable, will be the responsibility of Detective Bureau Warrant Unit or Detective Division of Occurrence. Homicide fugitives will be the responsibility of the Homicide Division. 2. PROCEDURE FOR REQUESTS SAME AS PROCEDURE IN APPENDIX "A" 3. PROCEDURE FOR APPREHENSIONS *6 A. When an apprehension is made, the Detective Bureau Warrant Unit, JAD Unit or Detective Division Supervisor will ensure that: *8 1. The jurisdiction originating the warrant is immediately notified via computer of the defendant s arrest to determine whether the defendant is still wanted, what the charges are, and if they request a hold, pending investigation. Further, the originating jurisdiction will be requested to fax the Philadelphia Police Department s Record and Identification Unit a set of fingerprints of the defendant in custody. The Records and Identification fax numbers are (215) xxx-xxxx/xxxx. a. Message must be confirmed via computer within six (6) hours, otherwise defendant will be released from custody if no local charges are brought. b. Ensure defendant is identified. 2. An investigator is assigned to prepare necessary reports. a. When preparing the Complaint (75-79) all or as much of the following information available, should be contained in the probable cause section to substantiate the fact that the person is wanted in the other state. DIRECTIVE 5.17-5 APPENDIX B
1) The name of the person held is the same as that of the person charged in the other state. 2) The date of birth of the accused is the same as the one given by the other state. 3) The physical description given by the other state is the same as the accused's description. 4) The fingerprints taken from the accused match those taken in the other state. 5) The accused's F.B.I., Social Security or other identifying numbers coincide. 6) The accused admitted they is a fugitive from the other state, and/or 7) Any other facts showing that the accused is the fugitive. (Identifying photo, etc). 3. PCIC/NCIC checks are done for other possible wants. 4. Prisoner is slated as a fugitive in district of arrest. 5. Prisoner is sent to the Detention Unit for processing. 6. A "locate message" is sent through NCIC to show that the wanted person has been arrested and located in Philadelphia. (Type FUGI in computer and enter). 7. An additional message will be sent via computer to the wanting jurisdiction upon completion of the investigation, confirming arrest or release of defendant. Copies of all messages sent and received will become part of the division case folder. B. If defendant indicates that he will sign a waiver: 1. Take the prisoner before the Municipal Judge in the Police Administration Building for a preliminary Arraignment and waiver hearing. a. If defendant does not have a private attorney, a public defender will represent him/her. b. If the demanding authority is present when the defendant signs a waiver, they will be immediately turned over to them. 1) To be valid, the defendant must sign the waiver form in front of the Judge, Assistant District Attorney and the defendant's attorney. DIRECTIVE 5.17-6 APPENDIX B
2. Contact the initiating jurisdiction to ascertain their time of arrival. *6 3. The Detention Unit Supervisor shall ensure that the pertinent Detective Division or Detective Bureau Warrant Unit is notified of the defendant's waiver hearing. The pertinent division will send a detective to be present for the waiver hearing. 4. When the defendant signs the waiver, the assigned investigator will request a "commitment" pursuant to Pa. C.S. 9136 to the Detention Center and arrange to transfer to initiating jurisdiction. *6 a. Detective Bureau Warrant Unit should be notified to expedite defendant's removal. C. If defendant indicates he will NOT waive extradition, assigned investigator will follow normal arrest procedures and set a hearing date within 30 days. *6 D. When the prison authorities notify the Detective Duty Supervisor that the defendant changes their mind and wants to waive extradition, he shall notify the Detective Bureau Warrant Unit for further processing. *6 E. Any further correspondence or communication involving the fugitive, from whatever source, will be referred to Detective Bureau Warrant Unit. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE 5.17-7 APPENDIX B