Approved by Monitor, 5/15/17 INTERIOR PATROL

Similar documents
Approved by Monitor, 11/20/15 INTERIOR PATROL

Case 1:10-cv AT-HBP Document 375 Filed 05/08/17 Page 1 of 37. May 8, 2017

Case 1:10-cv SAS-HBP Document Filed 02/04/15 Page 1 of 19 REVISED EXHIBIT E

Know Your. Help End Discriminatory, Abusive & Illegal Policing!

. \ seek documents and record's\frói the M~nhattfffrpistrict Attorney's Office (the "District

INVESTIGATIVE ENCOUNTERS 1

INVESTIGATIVE ENCOUNTERS AT A GLANCE COMMAND LEVEL TRAINING CONFERENCE SEPTEMBER 2015 COURTESY PROFESSIONALISM RESPECT

GENERAL POLICE ORDER CLEVELAND DIVISION OF POLICE

TEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. Amended Date November 1, 2015

This policy outlines the process and procedures to be considered and followed by members when making an arrest.

ORLANDO POLICE DEPARTMENT POLICY AND PROCEDURE , BIAS-FREE POLICING 1. PHILOSOPHY

Signed: Page 1 of 9. By Order of the Commissioner: g 7/ Date: 'ssioner Judith Frydland. Published: 02/01/15 Effective: 02/11/15

SAN DIEGO POLICE DEPARTMENT PROCEDURE ADULT UNDOCUMENTED PERSONS

Virginia Commonwealth University Police Department

TEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. TPCA Best Practices Recognition Program Reference Family Violence

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

When used in this directive, the following terms shall have the meanings designated:

JAMES L. WETZEL Chief of Police. Law Incident Records Management Procedures for Officers and Detectives.

No. 103,472 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, BILLY WHITE, Appellant. SYLLABUS BY THE COURT

BUILDING INSPECTION SAFETY PROGRAM MANUAL CHAPTER 4, ADDENDUM 3, APPENDIX A May 1, 2012 A-200 INSTRUCTIONS

CHAPTER 71 PROCESSING AND TEMPORARY DETENTION

Case 1:10-cv SAS-HBP Document 241 Filed 12/15/12 Page 1 of 11

POLICE TRAFFIC STOPS & HOW SHOULD YOU ACT? WHAT ARE YOUR RIGHTS. Special Report Handling A Police Traffic Stop

Areas that have been designed and constructed for performing open-flame or spark-producing work.

When Shoplifting Prevention Escalates to a Shoplifter Detention

TEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. Amended Date June 1, 2017

The Student agrees with the Licensor to comply with the following obligations.

POLICIES, PROCEDURES, AND RULES

LAWS OF ARREST. Unit th Amendment

TOPEKA POLICE DEPARTMENT POLICY AND PROCEDURE MANUAL 4.7 DOMESTIC MATTERS

Residence Hall Policies

NOT DESIGNATED FOR PUBLICATION. No. 115,210 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, DEZAREE JO MCQUEARY, Appellant.

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.28

ORDER TYPE: NEED TO KNOW. PURPOSE The purpose of this policy is to define legal implications and procedures involved when a search is performed.

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

EYEWITNESS IDENTIFICATION

MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT

NH DIVISION OF LIQUOR ENFORCEMENT AND LICENSING

Subject DOMESTIC VIOLENCE. 1 July By Order of the Police Commissioner

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

Search & Seizure Warrants

DENTON POLICE DEPARTMENT

During each watch, one or more police agents may be assigned to desk duty and are responsible for: 2. Maintaining order in the Public Safety Building.

2018 CO 35. Pursuant to C.A.R. 4.1, the People challenge an order of the district court

KNOW YOUR RIGHTS

A GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA

DELMAR POLICE DEPARTMENT

DENTON POLICE DEPARTMENT

Monthly Activity Report - Apr 2012

Detentions And Photographing Detainees

ATHENS-CLARKE COUNTY POLICE DEPARTMENT. Policy and Procedure General Order: 1.06 Order Title: Strip and Body Cavity Searches

In the Court of Appeals of Georgia

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. v. : T.C. NO. 08 CR CURTIS, : (Criminal appeal from Common Pleas Court) Appellant.

KANSAS COMMISSION ON PEACE OFFICERS STANDARDS & TRAINING

ESSAY QUESTION NO. 4. Answer this question in booklet No. 4

RENO POLICE DEPARTMENT GENERAL ORDER

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PA O P I N I O N. The Defendant is charged in a criminal Information with Possession of

POCOLA POLICE DEPARTMENT

Personal Property: May include, but is not limited to: currency, jewelry, bankbooks, wills, negotiable bonds and securities, firearms, et cetera.

Follow this and additional works at:

Immigration Violations

SUPREME COURT OF NEW YORK APPELLATE DIVISION, THIRD DEPARTMENT

Marquette University Police Department

FINAL EXAMINATION DIRECTIONS: Write your answers on the ANSWER SHEET provided.

FILED: NEW YORK COUNTY CLERK 04/09/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2013

Case Name: R. v. Graham. Between Her Majesty the Queen, and Roy Graham. [2014] O.J. No Ontario Court of Justice Brampton, Ontario. G.S. Gage J.

Maryland-National Capital Park Police Prince George s County Division DIVISION DIRECTIVE DISTRIBUTION

GREENVILLE POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL

Maryland-National Capital Park Police Prince George s County Division DIVISION DIRECTIVE DISTRIBUTION EFFECTIVE DATE

EXECUTIVE ORDERS, DACA, RAIDS & YOUR RIGHTS

Case 5:08-cr DNH Document 14 Filed 04/16/09 Page 1 of 1 CASE NO. 08-CR-519 (DNH) NOTICE OF MOTION

LEGAL PROCESS WRITTEN DIRECTIVE: 14.3 EFFECTIVE DATE: REVISION DATE:

ARTICLES THE DE BOUR/MCINTOSH LESSON ON THE IMPORTANCE OF STATE COMMON LAW. Victoria A. Graffeo* & Nicholas C. Roberts**

I. PURPOSE DEFINITIONS RESPECT FOR CONSTITUTIONAL RIGHTS. Page 1 of 8

SECTION: ADMINISTRATION ADM-133

Show Me Your Papers. Can Police Arrest You for Failing to Identify Yourself? Is history repeating? Can this be true in the United States?

Racial Profiling and Complaint Procedures

ATTORNEY GENERAL DEPARTMENT OF JUSTICE

Handbook for Strengthening Harmony Between Immigrant Communities and the Edmonton Police Service

Bowie City Police Department - General Orders

RENO POLICE DEPARTMENT GENERAL ORDER

Washington Association of Sheriffs and Police Chiefs MODEL POLICY OFFICER-INVOLVED DOMESTIC VIOLENCE

02/16/2010 Page 1 of 5

Protective Orders No-Trespass/No-Contact Order What happens after a police report is filed? Miscellaneous Criminal Justice Information

Virginia Beach Police Department General Order Chapter 8 - Criminal Investigations

IMMIGRATION ENFORCEMENT

MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

Indio, CA Code of Ordinances CHAPTER 37: REGULATION OF SHORT-TERM VACATION RENTALS

VIDEO RECORDING OF POLICE ACTIVITY. Date Published. By Order of the Police Commissioner

TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE DIVISION

Rules and Procedures. Rule 318 May 26, Rule PRISONERS

l_132_ nd General Assembly Regular Session Sub. H. B. No

NOT DESIGNATED FOR PUBLICATION. No. 115,799 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,

STATE OF WISCONSIN : CIRCUIT COURT : BROWN COUNTY. vs. Case No. 12 CF BRIEF IN SUPPORT OF MOTION TO SUPPRESS EVIDENCE

Know your rights. as an immigrant

McCormick Hall Security Overview

Handling Encounters With Law Enforcement

Criminal Justice I Pacing Guide First Semester 1 st Quarter TN Standards Lesson Focus Additional Notes

University Christian Union House Rules November 21, 2016

Transcription:

INTERIOR PATROL

LEARNING OUTCOMES 1. Explain how to conduct interior patrols of NYCHA buildings and private buildings enrolled in the Trespass Affidavit Program (TAP). 2. Demonstrate the limits and appropriate use of the four levels of encounters under People v. DeBour in the context of interior patrols. 3. Demonstrate the proper preparation of a Trespass Crimes Fact Sheet for arrests for trespass in NYCHA or TAP buildings. 4. Demonstrate appropriate procedures for conducting a trespass investigation 5. Explain the procedures to take when confronted with a disabled elevator in a NYCHA building. 6. Identify the circumstances when a field report will be prepared in a NYCHA building. 7. Explain the NYCHA Trespass Notice Program and how to process arrests related to this program. 8. Identify the proper steps to take when responding to building fires.

INTERACTIONS WITH THE PUBLIC When conducting an interior patrol: Know your legal boundaries Ensure interactions are positive, whenever possible Remember that most people you encounter will be lawabiding residents and guests (potential allies) Use professional language and tone Approach with courtesy, professionalism, and respect to which all persons are entitled in their own homes

INTERIOR PATROL OF NYCHA BUILDINGS Tactically planned inspection of lobby, interior hallways, stairways, basements, elevators and rooftops of all NYCHA buildings on your post To assist NYCHA in enforcing its rules, limiting criminal activity, providing a safe and secure environment and ensuring the habitability of its residential buildings Directed To take corrective action Search for missing/lost child Search for suspects Random Routine patrol to inspect common areas

INTERIOR PATROL OF TRESPASS AFFIDAVIT PROGRAM BUILDINGS Interior patrol of private multiple dwelling buildings enrolled in the Trespass Affidavit Program Building owner authorizes the interior patrol through Trespass Crimes - Owner s Affidavit (PD651-051) UMOS must have building owner s permission to patrol the building Supervisor must ensure that Trespass Crimes Owner s Affidavit was signed within the last six months

INTERIOR PATROL Upon arrival, notify Communications Section utilizing radio code 10-75I and make Activity Log entry identifying time and street address. In NYCHA context, notify VIPER if practical. Document whether proper signage is displayed and legible. Inspect lobby area. In pairs, proceed to top floor. Inspect roof and landing and any elevator rooms. Patrol each staircase and hallway of each floor from the top floor down to the ground floor. Utilize your flashlight in dark areas. Lower the volume on your radio and secure loose keys. Inspect all accessible basement areas. Be alert for persons who may be engaged in criminal activity. Notify Communications upon completion of interior patrol.

INTERIOR PATROL Be alert for persons who may be engaged in criminal trespass. If there is an objective credible reason to approach such a person based on observed behavior or other credible information: Approach the individual to ask in a non-threatening and nonaccusatory manner: If he or she lives in the building If he or she is visiting someone in the building If he or she has business in the building Mere presence near, entry into, or exit out of a building is not an objective credible reason to approach an individual.

INTERIOR PATROL If based on the answers to questions in an initial encounter, there is a founded suspicion of criminal trespass, take reasonable measures to verify the person s authority to be present in the building. Inspect and return I.D. Request apartment number where person resides or is visiting Communicate with building resident Ask person to call a resident Questions should not be asked in a manner whereby a reasonable person would believe that they are not free to leave. Police officers can be intimidating, and the manner of your questioning may cause a reasonable person to feel like he or she cannot terminate the encounter and walk away.

INTERIOR PATROL An individual may leave the building, unless the officer has reasonable suspicion to detain. Leaving the building, remaining silent, or refusing to answer questions does not elevate the level of the encounter. If the person leaves, make an Activity Log entry. In the NYCHA context, also prepare a Field Report.

INTERIOR PATROL REASONABLE SUSPICION Reasonable suspicion is required to stop and detain a person. Under the Fourth Amendment, a person is stopped if under the circumstances a reasonable person would not feel free to walk away. A stop may only be conducted when an officer has individualized, reasonable suspicion that the subject is committing, has committed, or is about to commit a felony or Penal Law misdemeanor. An individual should not be detained and is under no obligation to answer questions unless you can articulate your reasonable suspicion to detain the person.

INTERIOR PATROL If there is reasonable suspicion to believe the person has, is, or is about to commit criminal trespass take reasonable measures to investigate such as: Temporarily detaining the person while another UMOS visits the building resident whom the person claims to be visiting and/or Requiring the person to accompany UMOS to the apartment of the building resident whom the person claims to be visiting

INTERIOR PATROL If you suspect the person does not have authority to be in the building, but the person cannot or refuses to explain his or her presence in the building, and you are unable to verify the person s authority to be in the building, you may instruct that person that he or she must leave the building, and that refusal may result in arrest for Criminal Trespass. However, you may only arrest the person if there is probable cause to believe that the person committed a trespass. A reasonable investigation is ordinarily necessary to determine whether probable cause exists. A person s refusal or inability to produce identification or provide information does not elevate the level of encounter.

INTERIOR PATROL Take police action pursuant to P.G. 208-1 Law of Arrest or P.G. 209 Summonses, only if there is probable cause that the person committed Trespass. A reasonable investigation is ordinarily necessary to determine whether probable cause exists. Even if there is probable cause to arrest a person for trespassing, officers may exercise their discretion to refrain from arresting that person, and instead instruct that person to leave, under appropriate circumstances.

INTERIOR PATROL REPORTING AND DOCUMENTATION 1. When a Trespass Arrest is made, prepare: Trespass Crimes - Fact Sheet Describe factors leading to the approach and questioning of the person arrested Describe facts that were important to establish probable cause Detailed Activity Log entry If arrest was preceded by a Level 3 stop, prepare stop report. 2. In TAP context, Trespass Crimes - Owner s Affidavit (PD651-051) must be included in arrest package. 3. Notify the radio dispatcher upon exiting building.

NYCHA-SPECIFIC PROCEDURES

DUTIES OF A PSA OFFICER Frequent inspection and patrol of NYCHA facilities Interior patrol of NYCHA residential building to which assigned Members of Patrol Services Bureau (PSB) may also patrol NYCHA facilities All officers conducting police activity on NYCHA property will assist NYCHA and the NYPD in: Enforcing NYCHA rules Limiting criminal activity Providing a safe and secure environment for residents and guests

NYCHA RULES Upon encountering persons who are violating Housing Authority rules, fill out a Field Report unless there is basis for criminal enforcement Observation of a violation of any Housing Authority rule, at a minimum, provides an officer with an objective credible reason to approach Do not stop a person in accordance with PG 212-11 for a violation of a Housing Authority rule unless the rule violation is also a criminal offense Mere lingering in a common area, without more, is not a criminal offense for which a person may be stopped or arrested

RESTRICTED AREAS Restricted Areas are specifically designated by Housing Authority rules and regulations Do not arrest a person on the basis of trespassing in a restricted area of a building including the roof, roof landing, or boiler room- in the absence of conspicuously posted rules, unless the officer knows or has other credible information that the person knows that their presence in the restricted area is prohibited

RESTRICTED AREAS If an officer encounters a building resident in a restricted area, such as the roof or roof landing, and there is no other basis to arrest such person, the officer should exercise such discretion and ask the resident to leave the restricted area. Such discretion need not be exercised if the officer knows that the resident had previously been instructed to leave that particular restricted area. You may arrest someone for trespassing who is in a restricted area if he or she refuses to leave after instructed

DISABLED ELEVATOR Inspect elevator doors on each floor Notify immediately: Housing Authority Emergency Service Department NYPD Emergency Service Unit (occupied or dangerous) Ambulance (if occupied) Remain with elevator until condition corrected if: Elevator glass is missing Outer door is open no elevator present Other dangerous elevator condition

FIELD REPORTS REPORT (NON-CRIMINAL) CONDITIONS ON NYCHA PROPERTY DISABLED ELEVATORS DAMAGED OR DEFECTIVE DOOR LOCKS OR INTERCOMS NOISE COMPLAINTS NON-SUSPICIOUS FIRES VIOLATIONS OF NYCHA RULES AND REGULATIONS DAMAGE TO PROPERTY (NON-CRIMINAL) MISSING OR DAMAGED NO TRESPASSING SIGNS ABANDONED OR DERELICT VEHICLES RESIDENT DISPUTES

NYCHA TRESPASS NOTICE PROGRAM Any person arrested for felony sale of controlled substance or marijuana On any NYCHA development is excluded from entering NYCHA property Except: a NYCHA resident may still enter their own apartment and common areas of their resident development

PROCESSING ARRESTS FOR FELONY SALE OF CONTROLLED SUBSTANCES OR MARIJUANA Comply with general arrest procedures Prepare NYCHA TRESPASS NOTICE Include log number obtained from housing bureau wheel Have defendant sign and date notice Make 5 copies of notice Serve defendant with 1 copy Upon service the defendant is excluded from NYCHA property Fax a copy to housing bureau wheel Prepare a Trespass Notice Package

RESPONSE TO FIRES BY UMOS Notify radio dispatcher upon arrival and inform of any pertinent details regarding the fire Communicate to FDNY at the scene the number of UMOS in the building and last known location Maintain communication with dispatcher and relay your location in building Use stairs to reach fire location (ascend in teams of two) DO NOT USE ELEVATORS Advise dispatcher of staircase being used Visually inspect stairwell and floor below fire floor for smoke or flames Note location of stairwells and exits

RESPONSE TO FIRES BY UMOS Do not hold elevator cars Visually inspect hallway of fire floor before entering from stairwell Check the stairwell door for heat by placing the back of your hand on the door If heat, smoke or fire is detected do not enter the hallway If smoke or heat are suddenly present in your location tactically retreat

RESPONSE TO FIRES BY UMOS IF YOU SUDDENLY ENCOUNTER SMOKE AND HEAT, DROP TO YOUR KNEES AND MOVE CLOSER TO THE WALL AND RETREAT TO A PREDETERMINED EXIT Note: an unusually warm door or the presence of smoke are indicators that there is a fire in the hallway or in an apartment where a door has been left open. This can be extremely dangerous. Ensure the door between the stairwell and hallway remain closed to prevent the fire from spreading.

RESPONSE TO FIRES BY UMOS POLICE LINES AT FIRE SCENES, FOLLOWING PERSONS ALLOWED TO ENTER: POLICE / FIRE VEHICLES AMBULANCES MAYOR AND VEHICLE MEMBERS OF GOVERNMENTAL AGENCIES AND THEIR VEHICLES IN PERFORMANCE OF DUTY PERSONS HOLDING VALID UNEXPIRED PRESS CREDENTIALS EMPLOYEES OF PUBLIC SERVICE CORPORATIONS AND THEIR VEHICLES IN PERFORMANCE OF EMERGENCY DUTIES RED CROSS PERSONNEL IN PERFORMANCE OF DUTY

SUMMARY 1. Explain how to conduct interior patrols of NYCHA buildings and private buildings enrolled in the Trespass Affidavit Program (TAP). 2. Demonstrate the limits and appropriate use of the four levels of encounters under People v. DeBour in the context of interior patrols. 3. Demonstrate the proper preparation of a Trespass Crimes Fact Sheet for arrests for trespass in NYCHA or TAP buildings. 4. Demonstrate appropriate procedures for conducting a trespass investigation 5. Explain the procedures to take when confronted with a disabled elevator in a NYCHA building. 6. Identify the circumstances when a field report will be prepared in a NYCHA building. 7. Explain the NYCHA Trespass Notice Program and how to process arrests related to this program. 8. Identify the proper steps to take when responding to building fires.