Policy 711 Subject Date Published DOMESTIC VIOLENCE Page DRAFT 20 March 2018 1 of 13 By Order of the Police Commissioner POLICY As reflected in Maryland law, violent crime particularly impacts those with whom a suspect has or had an Intimate Relationship. Baltimore Police Department (BPD) members are required to treat Domestic Violence incidents in the same professional manner as all other requests for police service and will provide immediate, effective assistance and protection for victims and witnesses. BPD is committed to conducting investigations free from gender bias and other stereotypes. DEFINITIONS Domestic Incident Any occurrence, criminal or non-criminal, involving a person with whom the individual has or had an Intimate Relationship. Domestic Violence Any criminal act or attempted criminal act involving persons who have an Intimate Relationship or had an Intimate Relationship within the last 12 months. Intimate Relationship Persons involved in an Intimate Relationship are partners, regardless of sexual orientation, who: 1. Are married, separated, or divorced; 2. Live or have lived together in an intimate manner within the last 12 months; 3. Have a child or children in common; or 4. Have engaged in sexual or other intimate activity within the last 12 months, regardless of whether they have lived together. Persons not involved in an Intimate Relationship within the meaning of the definition are: 1. Other family members, such as children or parents; and 2. Individuals living together in a non-intimate situation, such as in a dormitory or rooming arrangement. Stalking A malicious course of conduct that includes approaching or pursuing another person with the intent (or where the likely outcome would be) to either: cause serious emotional distress OR to place the victim in reasonable fear of assault, false imprisonment, a sex offense or attempted sex offense, serious bodily injury, or death to themselves or a third person.
Policy 711 DOMESTIC VIOLENCE Page 2 of 13 ARREST POLICY 1. For crimes committed against a current or former spouse or intimate partner, BPD follows a preferred arrest response where arrest is allowed by law. 2. If there is probable cause to believe that a person has committed a crime of Domestic Violence against a current or former spouse or intimate partner, the preferred response of the officer is the arrest of the offender where it is legal to do so. 3. Although BPD does not have a mandatory arrest policy, officers are required to use all reasonable means to prevent further abuse, exploitation, or neglect, including the arrest of the offender when legal to do so. Officers should not base their decision to arrest on whether they believe the case will be prosecuted. 4. Dual arrests are discouraged. If a police officer has probable cause to believe that mutual battery occurred, the officer is required to consider whether one of the persons acted in self-defense when determining whether to arrest. 5. For relationships other than that of a current or former spouse or intimate partner, BPD does not have a preferred arrest policy. Officers should refer to Policy 1106, Warrantless Arrest Procedures and Probable Cause Standard to make an analysis as to whether arrest would be necessary or advisable. Officers shall use reasonable means to prevent abuse, exploitation, or neglect. This may include the arrest of the offender if allowed by law and policy. Warrantless Arrests: 1. Warrantless Arrests must be made consistent with the law as well as Policy 1106, Warrantless Arrest Procedures and Probable Cause Standard. 2. Under Maryland law, an officer may not normally make an arrest for a misdemeanor which did not occur in his/her presence. Under certain circumstances, however, Maryland law does allow warrantless arrest for misdemeanors frequently related to Domestic Violence such as: assault, Stalking, and violation of a peace or protective order. See Policy 1106 for a more complete list of exceptions. 3. A warrantless arrest can be made for misdemeanor assault, Stalking, and/or violation of a protective order under the following circumstances: 3.1. Assault (2 nd Degree Assault) An officer may make a warrantless arrest for misdemeanor (2nd degree) assault committed outside his/her presence where there is probable cause to believe that: 3.1.1. The suspect battered his/her spouse or another person with whom the suspect resides; 3.1.2. There is evidence of physical injury; and 3.1.3. Unless the suspect is arrested immediately, the suspect: 3.1.3.1 May not be apprehended;
Policy 711 DOMESTIC VIOLENCE Page 3 of 13 3.1.3.2 May cause physical injury or property damage to another; OR 3.1.3.3 May tamper with, dispose of, or destroy evidence. NOTE: To make a warrantless arrest for misdemeanor assault under these circumstances, a report to the police must have been made within 48 hours of the alleged incident. NOTE: Evidence of physical injury does not need to be visible for an officer to be able to make an arrest; there only needs to be probable cause to believe that there has been a physical injury. 3.2. Stalking An officer may make a warrantless arrest for misdemeanor Stalking committed outside his/her presence where ALL of the following conditions are met: 3.2.1 The member has probable cause to believe that the suspect has committed the crime of Stalking, 3.2.2. There is some credible evidence supporting the probable cause beyond the victim s statements, and 3.2.3. There is reason to believe the alleged victim or another person is in danger of imminent bodily harm or death. 3.3. Violation of a Protective or Peace Order 3.3.1. Warrantless arrests for violation of a peace or protective order are governed by Policy 1110, Protective and Peace Orders. RESPONDING MEMBER DUTIES When responding to a Domestic Violence incident, a member shall: 1. Take appropriate measures at the scene, including but not limited to: rendering and obtaining medical attention, arresting the suspect, and/or applying for a warrant. 2. Apprehend the suspect as soon as possible. Follow the arrest guidelines outlined above. 3. Notify their supervisor of the situation. 4. Visit the location where the incident occurred, and document observations on the Domestic Incident Report, Form 323. (See Appendix A). 5. Conduct a thorough on-scene preliminary investigation to determine the primary aggressor. 5.1. Interview all parties separately, if possible, taking into consideration the dynamics of Domestic Violence. NOTE: If there is a language barrier, the responding officer shall use the Language Line for immediate/emergency communication needs to ensure safety or to receive prompt information that may assist in locating the suspect. When appropriate, the officer shall request a Qualified Bilingual Member to assist in providing language access. See Policy 1735, Language Access
Policy 711 DOMESTIC VIOLENCE Page 4 of 13 Services for Limited English Proficient (LEP) Persons. 5.2. Process the crime scene and take color photographs of: 5.2.1. Any visible injuries to the victim and/or defendant; 5.2.2. The victim, whenever an assault is alleged; 5.2.3. Any property damage; and 5.2.4. Any evidence of a struggle. NOTE: In general, photographs will be taken by the responding officer on his/her departmental mobile phone. For severe incidents, a Crime Laboratory Technician will take photographs. The number of photographs taken should be documented on the Domestic Incident Report (Form 323) and the Crime Incident Report (Form 008). Photographs must be forwarded to the Office of the State s Attorney, via e-mail to DV@baltimorepolice.org, listing the suspect s name and the complaint number. Members must maintain copies of photographs taken on a departmental mobile phone until notified by the Office of the State s Attorney that photographs were received and a printed copy of the photographs are in the case folder. 6. Conduct a warrant check of the suspect. Document the results in all reports. 7. When probable cause exists that a criminal offense has occurred, and the suspect is not in custody, ensure that a warrant/criminal summons is applied for by either: 7.1. Offer transportation to the victim to the Office of the Court Commissioner located at 500 N. Calvert St. and assist the victim with acquiring an arrest warrant or criminal summons. All assistance provided and/or refused is to be documented in the Domestic Incident Report; or 7.2. Directly applying for a warrant/criminal summons. (See Policy 1104, Arrest Warrants) 8. Assist in obtaining a Protective Order when appropriate. 9. Provide the victim with information regarding resources available from the criminal justice system and community. NOTE: Members may provide information about available services but are prohibited from counseling victims or complainants in personal or legal matters. 10. If the victim believes there is a danger of serious and immediate personal harm and requests help obtaining her/his personal clothing and effects (items, including medicine and medical devices, required for immediate, overnight, and/or work obligations) or those of children under her/his care: 10.1. Accompany the victim to the home so that the victim may retrieve the personal effects, regardless of who paid for the items. 10.2. Protect the victim from harm while the items are retrieved.
Policy 711 DOMESTIC VIOLENCE Page 5 of 13 NOTE: Home means a victim s principal residence that is owned, rented, or leased by either the victim or the suspect. 10.3. If access is unable to be obtained, help the victim seek a court order to assist in the retrieval of personal clothing and effects. 11. Remain alert for any signs of abuse to all children and animals encountered. (See Policy 1204, Safeguarding Children of Arrested Parents). If children are present, a member shall: 11.1. Document in the Crime Incident Report the name, sex, relationship, age, and condition of all children on the scene of the Domestic Incident. 11.2. Interview children present, if appropriate, preferably separate from involved adult(s). 11.3. Request that a forensic interview be conducted by the Office of the State s Attorney via the Family Crimes Unit when a child witnesses an incident of felony Domestic Violence. 11.4. Take required action when the member believes physical or sexual child abuse or child neglect has occurred (See Policy 1201, Child Abuse Investigations). DOMESTIC VIOLENCE INVOLVING FIREARMS 1. According to federal law, when a person, including a police officer, has been convicted in any court of a misdemeanor crime of domestic violence, he/she may not ship, transport, or possess any firearm(s) or ammunition. NOTE: Federal law does not have the same definition of domestic violence as is defined in this policy. NOTE: Federal law defines the term "misdemeanor crime of domestic violence" as a misdemeanor under either state or federal law that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. NOTE: Federal law contains additional requirements beyond those listed above for a conviction to constitute a misdemeanor crime of domestic violence. See 18 USC 921(a)(33) for further information. Officers may check with the Maryland State Police Gun Center at (855) 677-6486 to assist in determining if an individual is disqualified based on this federal law. 2. If a member finds a Domestic Violence suspect with a disqualifying conviction in possession of firearms or ammunition, the member shall seize the firearm and ammunition. 2.1. If the suspect is a law enforcement officer, the member must immediately notify the officer s out of jurisdiction agency and BPD s Office of Professional Responsibility (OPR). 2.2. If the suspect is a law enforcement officer, the Commanding Officer of OPR must immediately follow up with written notification directed to the affected person s Chief of Police.
Policy 711 DOMESTIC VIOLENCE Page 6 of 13 3. A member shall seize firearms from the scene of an alleged act of Domestic Violence if: 3.1. Probable cause exists that Domestic Violence has occurred and the law enforcement officer has observed the firearm on the scene during the response. This may occur where: 3.1.1. A firearm is in plain view; or 3.1.2. Inquiry of a person at the scene leads to a firearm. 4. A member must seize firearms if the individual in question is the Respondent in a Final Protective Order, or if the surrender of firearms is articulated as a condition of a Temporary Order, and the officer has legally discovered the firearm. NOTE: Members must ask all residents of the premises if there are firearms within the residence. NOTE: Members may not conduct a search without a Search and Seizure Warrant (See Policy 1007, Search and Seizure Warrants) or a legal exception to the warrant requirement. 5. If a firearm is removed from the scene, the member must: 5.1. Advise its owner of the process of regaining possession of the firearm; and 5.2. Submit the firearm to the Evidence Control Unit for safe storage; and 5.3. Notify the MSP Maryland Gun Center. NOTE: At the conclusion of a Domestic Violence proceeding, the owner of the firearm may seek to regain possession of the firearm unless ordered to surrender the firearm or the owner is otherwise disqualified from possession of a firearm. FAMILY CRIMES UNIT 1. A responding member shall contact the Family Crimes Unit immediately for any of the following domestic-related incidents: 1.1. An incident in which the suspect displayed a firearm 1.2. A shooting at incident where no one is struck by gunfire NOTE: Homicides and non-fatal shootings are handled by other units. See Policy 703, Death and Serious Assault Investigations for further guidance. 1.3. Attempted murder by any means including stabbing, suffocation, and attempt to set on fire; 1.4. Serious physical injury involving: 1.4.1. A substantial risk of death; 1.4.2. A disfigurement; or
Policy 711 DOMESTIC VIOLENCE Page 7 of 13 1.4.3. A permanent or prolonged loss of the function of a human organ including vision loss, coma, skull fracture, broken bones, scarring, and burning. 1.5. Assault by vehicle (an intentional hitting, running over, or dragging causing serious injury); 1.6. Kidnapping, when a victim was released by the suspect; 1.7. Aggravated assault of a pregnant woman; 1.8. Felony burglary (breaking and entering into another s home with the intent to commit a crime); 1.9. Strangulation with loss of consciousness, urination, defecation, or petechial hemorrhage (i.e., red or purple spots on the skin); 1.10. Domestic-related robberies; 1.11. Any police-involved Domestic Incident. 2. Members who contact Family Crimes must still document all preliminary investigative efforts within the Crime Incident Report, Form 008, and complete other necessary reporting. NOTE: During off-duty hours, members shall contact the Communications Section for the on-call Family Crimes Unit detective. REPORTING 1. If the call is a Domestic Incident, a member shall: 1.1. Obtain a Central Complaint number (CC#) and Computer Aided Dispatch (CAD) number from the Communications Section; 1.2. Have the victim complete and sign the narrative section of a Domestic Incident Report, Form 323; 1.3. Complete the Domestic Incident Report; 1.4. Provide the pink copy of the Domestic Incident Report to the victim, and 1.5. Submit the white and yellow copies of the Domestic Incident Report to your supervisor. 2. If the call is a Domestic Incident and a criminal offense has occurred or was alleged: 2.1. Obtain a CC# and CAD number from the Communications Section and advise Communications that the incident is domestic-related; 2.1.1. Take the appropriate enforcement action. 2.2. Have the victim complete and sign the narrative section of a Domestic Incident Report;
Policy 711 DOMESTIC VIOLENCE Page 8 of 13 2.3. Complete the Domestic Incident Report, including the back; 2.4. Provide and explain the pink copy of the Domestic Incident Report to the victim and check the box for Dear Complainant ; 2.5. Complete the appropriate Crime Incident Report and submit it to your supervisor; and 2.6. Submit the white and yellow copies of the Domestic Incident Report to your supervisor. 2.7. Complete the Lethality Screen for First Responders (Appendix B) for all crime related Domestic Violence incidents and scan/email the report to: policereports@hruthmd.org or fax the report to 410-261-3039. 3. If the investigation establishes that no Domestic Incident occurred or was attempted, and the call is unfounded, orally code the call. 4. Immediately upon completion, submit all Domestic Violence arrest case folders, as well as any Domestic Incident related reporting, to your supervisor. DUTIES OF SUPERVISORS, COMMANDERS, AND SPECIALIZED UNITS Supervisor 1. Ensure all members under your command follow the procedures outlined in this policy. 2. Assist in determining on a case-by-case basis whether incidents are domestic-related or constitute Domestic Violence. NOTE: All case folders involving Domestic Violence misdemeanor arrests will be maintained by the district of occurrence. All case folders involving Domestic Violence felony arrests will be maintained by the Family Crimes Unit. Family Crimes Unit Detective 1. Adhere to the responsibilities outlined in this policy. 2. Respond to domestic crime scenes when appropriate. 3. Conduct videotaped or audiotaped interviews of victims. 4. Contact the Special Victims Unit of the Office of the State s Attorney in the early stages of an investigation. Supervisor, Family Crimes Unit 1. Review case folders. 2. Ensure compliance with this policy.
Policy 711 DOMESTIC VIOLENCE Page 9 of 13 3. Respond to service of Search and Seizure Warrants and police-involved Domestic Incidents. 4. Ensure a monthly report indicating the number of reported Domestic Violence crimes involving intimate partners is prepared and forwarded to the Maryland State Police. Dispatcher, Communications Section 1. Notify responding members when calls for service are domestic-related. 2. Advise responding members of any Hazard File information pertaining to the location of the call for service. APPENDICES A. Domestic Incident Report, Form 323 B. Lethality Screen for First Responders (English/Spanish) C. Responding Member s Duties Flowchart ASSOCIATED POLICIES Policy 822, Policy 1007, Policy 1104, Policy 1106, Policy 1110, Policy 1201, Policy 1204, Policy 1206, Firearms Case Preparation Procedure Search and Seizure Warrants Arrest Warrants Warrantless Arrest Procedures and Probable Cause Standard Protective and Peace Orders Child Abuse Investigations Safeguarding Children of Arrested Parents Investigations Involving Children Who Have Witnessed a Domestic Violence-Related Parental Homicide RESCISSION Remove and destroy/recycle Policy 711, Domestic Violence, dated 1 July 2016. COMMUNICATION OF POLICY This policy is effective on the date listed herein. Each employee is responsible for complying with the contents of this policy.
Policy 711 DOMESTIC VIOLENCE Page 10 of 13 APPENDIX A Domestic Incident Report, Form (Front)
Policy 711 DOMESTIC VIOLENCE Page 11 of 13 APPENDIX A Domestic Incident Report, Form (Back)
Policy 711 DOMESTIC VIOLENCE Page 12 of 13 APPENDIX B Lethality Screen for First Responders
Policy 711 DOMESTIC VIOLENCE Page 13 of 13 APPENDIX C Responding Member s Duties Flowchart