Field Training Program Instruction Guides
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LONG BEACH POLICE DEPARTMENT
FIELD TRAINING OFFICER PROGRAM
Standard Operating Procedures
SECTION 6
INSTRUCTION GUIDES
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REFERENCE MATERIAL
DEPARTMENT MANUAL
The Department Manual is available in Laserfiche under General Information/Manuals.
The master manual is maintained in the Training Division/Manuals and Orders Section.
TRAINING BULLETINS
Training Bulletins are available in Laserfiche under General Information/Manuals. A
master file of all training bulletins is maintained in the Training Division/Manuals and
Orders Section.
LONG BEACH MUNICIPAL CODE
The Long Beach Municipal Code is available on the Internet, via the City's web page.
PERSONAL REFERENCE MATERIAL
The trainee should possess the following books, manuals and guides, upon entering
Phase 2 of the Training and Evaluation Program:
Penal Code
Vehicle Code
Field Training SOP
Field Reference Guide
Street Guide
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Instruction Guide 1
S.A.F.E. DRIVING AND SEAT BELTS
SITUATION – APPROPRIATE – FOCUSED – EDUCATED (SAFE) DRIVING
“Situation – Appropriate” refers to the need for law enforcement officers to modify their
driving for varied circumstances encountered in a patrol -driving environment (e.g.,
routine patrol vs. code three driving, school zone vs. rural highway driving, transitioning
from surface streets/highways into residential neighborhood streets).
“Focused” addresses the many concerns related to roadway position/conditions,
distractions, fatigue, multi-tasking, equipment, and driver capabilities.
“Educated” refers to training (academy, FTO, in-service) and policy, and the need to
continually apply knowledge gleaned in these areas to daily driving habits.
Routine and emergency patrol driving is one of the most critically serious and potentially
dangerous functions of a law enforcement officer. There is a real and ever - present risk
of injury or death to the law enforcement officer and members of the public when
officers drive in a manner unsafe for conditions, beyond their capabilities, or the
capabilities of their patrol vehicles. In the years 2003 to 2010, more offices were injured
or killed in traffic accidents than in assaults. In addition, severe criminal and/or civil
sanctions can be imposed on the officer and/or the organization as a result of unsafe
vehicle operation.
Seatbelt Use
The use of seatbelts in both routine and emergency driving dramatically increase the
chance of survival and decrease the potential for injury during a crash . Removing the
seatbelt as the patrol vehicle slows, just prior to safely coming to a stop, for a quick
vehicle exit is referred to as “tactical seatbelt removal”.
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Instruction Guide 2
TYPES OF PATROL
Field patrol is generally the initial contact between the police and the public, affording an
excellent opportunity for good public relations.
The types of patrol are:
o Auto
o Fixed or stationary
o Stakeouts
o Special (motorcycle, air, bicycle, etc.)
The purposes of police patrol are:
o Crime suppression/prevention
o Enforcement of laws and ordinances
o Preservation of the peace
o Apprehension of offenders
o Miscellaneous services - provide information, etc.
Preparation for patrol begins at briefing. In briefings, wanted bulletins, teletypes,
department orders, special instructions, and in-service training are covered.
The appearance and demeanor of a police officer is all-important. If an officer looks and
acts like he knows what he is doing, it will enhance his authority with the public.
Before going on patrol, the police vehicle should be checked. The mechanical condition
of lights, brakes, tires, and signaling devices should be tested, along with a check of red
lights. The trunk compartment should be checked for flares, blanket, first -aid kit, etc.
Any vehicle defects shall be reported, and the unit taken out of service if the condition is
serious.
Fasten seat belts before leaving the police lot.
Immediately after going in service, the officer should first check out the entire beat.
Attention should be directed toward special problems and hazards such as new road
construction and potential trouble spots.
A black and white patrol car attracts attention and should be driven in a prudent manner
at all times. When driving in a slow patrol manner, stay to the right and do not permit
traffic to form a parade behind you. Pull to the curb and stop. This will also allow the
officer to observe any suspicious vehicles to the rear.
Officers shall be available for radio calls at all times when in service. When out of the
unit on normal patrol duties, the portable radio should be on and monitored for
emergency calls.
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Instruction Guide 3
VEHICLE STOPS (TB 145)
Introduction
Vehicle stops are a potentially dangerous undertaking. Because of the routine nature of
vehicle stops, officers must avoid becoming complacent. This training bulletin is a
guideline, emphasizing that common sense, flexibility, and safety are needed to
effectively conduct a vehicle stop.
Types of Vehicle Stops
Enforcement/Traffic violation
Investigative stop, based on legal cause
High risk stop, refer to Training Bulletin #146
Pre-Stop Considerations
Identify the type of stop and your reason for the stop (i.e. specific violation, legal
justification)
Advantageous location for the stop, considerations:
o Traffic flow
o Hostile locations
o Lighting
o Escape routes
Broadcast information:
o Reason for the stop
o Location of the stop
o Vehicle license number
o Basic vehicle description
o Number of occupants
o Needed backup
Ensure your handheld radio is on and tuned to the prop er frequency
Roll down the front windows and unlock the vehicle doors for easy access in an
emergency
Be prepared to respond if the suspect stops abruptly at a location advantageous
to them
Be ready to exit your unit before you stop
Maintain constant visual contact with the suspect(s) and vehicle
Maintain the proper distance with the suspect vehicle
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Initiate the Vehicle Stop
Activate the overhead emergency lighting equipment and use the siren, horn,
and public address system as necessary
Use lighting equipment to your advantage. Focus high-beams, takedown light,
and spotlights onto the suspect(s) vehicle to illuminate the interior at nighttime
Position your vehicle at least 1 1/2 to 2 car lengths behind the suspect vehicle,
offset to one side, creating an approach corridor to the suspect vehicle. With
motor homes, semi-trucks, or larger vehicles, you may not be able to safely
offset your vehicle
Turn your wheels to the left
Exit your vehicle prior to the suspect exiting his/her vehicle, taking and
maintaining a position of advantage. Be aware of passing traffic
Maintain visual contact of the driver, occupants, vehicle, and surrounding area.
Don’t get tunnel vision
Methods of Approach
Driver’s side approach
Passenger side approach
Non-approach, calling the driver back to you
Approach Considerations
Perceived officer safety risks
Location of the stop
Driver/occupant actions
Escape route
Location of cover
Attention to passing traffic
Keeping your gun hand free
Guidelines for Approach
Prior to making the approach, consider instructing the driver to turn off the motor
if they have not done so already.
Know how you will escape and where cover is in the event that the driver or
occupants of the vehicle engage you.
If a cover officer is present, consider his/her function and abilities. The cover
officer’s purpose is to protect the primary officer from any outside interference, to
“cover”, and support the primary officer. Always maintain the advantage.
Consider a simultaneous approach, a staggered approach, or a single officer
approach using the cover officer as a distraction.
The approach is the most dangerous portion of any car stop. Be prepared to
respond to any threat or attack
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Have something in your weak hand, a ticket book during the day or a flashlight at
night, to toss at the suspect as a distraction if engaged at the window
Considerations when Contacting the Driver
Standing behind the driver offers you:
o A position of advantage
o Vision into both compartments of the vehicle
o Protection from being struck by the door if it’s suddenly opened
o Allows you to maintain your balance
o Allows for an easy escape, if needed
o Forces the driver to turn in his/her seat to observe or attack you
Don’t bend or crouch down to the driver/passenger window:
o This places the driver at an advantage, and you at a disadvantage
o You are within easy reach of the suspect
o You will need to regain your balance prior to movement or effective
defense
Instruct the driver to turn the motor off
Obtain the driver's license, registration and insurance information
Confirm the driver's address and compare the picture to the driver
Writing the Citation
Write the citation at a location where you can observe the driver and/or vehicle
while staying aware of positions of cover if the need should arise
Constantly be aware of traffic conditions and your surroundings
Utilize a cover officer, if necessary
Vehicle Searches
Do not search a vehicle that is still occupied
Utilize a cover officer to watch the vehicle occupants outside of the vehicle while
you conduct the vehicle search
Re-Approaching the Drivers/Vehicle
Do not drop your guard but maintain the same safety procedures as with the
initial approach
After the driver signs the citation, return the driver’s license and registration
Termination of the Vehicle Stop
Keep the driver and vehicle in view until the vehicle stop is completed
If necessary, assist the vehicle back into traffic
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Non-Conventional Vehicle Stop
Motorcycles:
Consider their increased acceleration and maneuverability capabilities
Consider the driver’s access to weapons
Consider the helmet being used as a weapon against you
Consider calling the drivers of motor homes, campers, vans, semi-trucks and buses
back to you due to:
The potential for a larger number of passengers
Reflectorized windows and the inability to view the interior of the vehicle
High-profile vehicles giving the occupants an advantage over an officer on foot
Increased ability to conceal weapons and other people/suspects
Increased ability to maintain cover/concealment
Conclusion
Patrol officers will stop numerous vehicles during their tour of duty. However, due to its
repetitive nature, vehicle stops carry the inherent danger of becoming routine. Officers
must adhere to basic training principles, eliminate shortcuts, and apply sound tactics
while remaining professional and flexible.
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Instruction Guide 4
REPORT WRITING
Most officers underestimate the importance of their reports. Great investigators and
officers who testify on the stand have often been made to appear incompetent because
they failed to take the time to write clear and accurate reports, or failed to review them
before going to court.
Field Notes
Notes taken in the field are the basis for many formal reports written later. They reduce
the need to re-contact involved parties and provide a greater degree of accuracy about
times, statements and events than memory alone. Field notes are discoverable in court
and should be shredded after using the information in your report. Information that
should be entered in field notes includes:
Names and descriptions of suspects, victims, witnesses and any other contacted
person
Statements from suspects, victims, witnesses and any other contacted person
Dates and times of occurrences
Exact location of occurrence and persons involved
Assisting officers activities
Types and locations of injuries
Other important information
Use and Characteristics of Police Reports
Police reports are used to record facts into a permanent record, to provide coordination
of follow up activities and investigate leads, and to provide a basis for prosecution.
Reports are often used by the defense for impeachment. The reports can also provide a
course for officer evaluation, statistical data and reference material.
Characteristics of a good report include:
Accuracy
Conciseness
Completeness
Clarity
Legibility
Objectivity
Words should be accurately spelled and the text should be grammatically correct.
Abbreviations and acronyms should not be used because non -police personnel will be
reading the report. Too many abbreviations and acronyms may confuse the reader and
make the report difficult to understand.
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A complete report should answer the following questions:
Who
What
Where
When
Why
How
Report Review
When an officer writes a report, many different people read the report. If the report is
inaccurate, grammatically incorrect or unclear and officer may feel embarrassed while
testifying in front of the court.
District Attorney Review: Reports that are incomplete, ambiguous or that
conflict with other reports, often result in the District Attorney’s Office or the City
Prosecutor’s Office refusal to file a complaint, or in the return of the report t the
patrol officer or detective for further investigation. Without the entire, accurate
picture, the District Attorney’s Office or City Prosecutor’s Office cannot
adequately prosecute the case.
Defense Attorney Review: Defense attorneys will often base their impression
of the officer’s ability to testify on the manner in which the officer prepared his /her
police report. A poorly written report without close attention to detail will give a
defense attorney more opportunity to mount an effective defense.
Judges, prosecutors and defense attorneys will attest that an officer’s report is often the
most powerful weapon in the defendant’s arsenal at the trial because of its inaccuracy
or incompleteness.
In many cases the defendant only needs to show the jury that there is a reasonable
doubt that the officer was not correct or truthful in his/her report or te stimony. Even one
misstatement may lead a juror to become convinced that nothing the officer said was
true or accurate. During a trial or other hearing, a good defense attorney will attempt to
discredit the officer with every conclusion, inconsistency, opinion or exaggeration in
his/her report.
Field Review
Officers should establish a priority system when filing their reports. The system should
take into consideration the seriousness of the crime, its likelihood of going to trial and
any possible involvement of civil liability.
Some reports must be reviewed by a field supervisor or handling detective prior to the
end of shift. Serious reports such as use of force reports or reports involving civil liability
mush be reviewed by a field sergeant. Other repo rts involving a detective responding to
the scene will require the detective to review the report.
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An officer must complete all reports that contain identifiable suspect information, all
vehicle reports, all arrest reports and all felonies, prior to the end of shift.
Documentation
Documentation means including the specific facts that occurred, usually in chronological
order, so that everything is “tied down” and no obvious questions are left unanswered.
The following are important principles of documentation:
Personal Knowledge: An officer should document what he/she saw, heard,
smelled, etc. This is valuable information when the case goes to trial and officers
are testifying to person observation and actions.
Hearsay: Information that is given to the officer from some other source. When
someone else tells an officer what they saw, heard, smelled, etc., it is important
for the officer to include this information in his/her report. Also included in the
report should be who provided the hearsay informat ion and a full explanation of
the circumstances.
Statement: Officers should take statements from all persons who are in any way
involved in, or at the scene of the incident. Statements relating to facts
surrounding a case are often crucial to the success of the prosecution’s case.
Property Description and Value: Officers should list all property involved, any
distinguishing characteristics (i.e. serial numbers, scratches, etc.) and the value.
This information may later be used to identify stolen property.
Other Facts: It is impossible to know at the beginning of an investigation, which
facts will become important and result in the arrest and conviction of a suspect.
For this reason, officers should include as many facts and details in their reports
as possible.
Non – Facts: A police report should document only facts, not assumptions,
opinions, conclusions or theories of the officer. If the officer has an opinion or
theory about the case, he/she should verbally tell the detective handling the
case. This information does not belong in the report.
The narrative of the report should be written in the 10 Part Narrative format:
Part 1 – Introduction
Part 2 – While en route
Part 3 – The location
Part 4 – Upon arrival
Part 5 – Statements
Part 6 – Descriptions
Part 7 – Evidence
Part 8 – Additional resources
Part 9 – Conclusion
Part 10 – Ending
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Instruction Guide 5
COLLECTION AND PACKAGING OF PHYSICAL EVIDENCE
Introduction
Physical evidence recovered at a crime scene may lead to the identification of the
person(s) involved in the incident. The evidence may provide useful information during a
criminal investigation and can also indicate how, when, and where a crime was
committed.
Officers need to secure, preserve, protect, and collect the evidence. Once the evidence
is carefully collected it must be properly packaged, documented and stored in
Department approved locations. All evidence that cannot fit into the Departmental
evidence lockers must be taken to the Evidence Control Section. If this occurs after
hours, request Communications Division to notify the on -call Evidence Control
Sergeant.
Crime Scene Evidence
The first responding officer on scene must secure, preserve, and protect physical
evidence as soon as they are able. Once the first task of identifyi ng and protecting
evidence is complete, it is equally important that the evidence be recovered, packaged,
and stored correctly.
Evidence could be accidentally overlooked or destroyed by the first officers to arrive at a
crime scene. The following items are examples of evidence that officers should look for
and be cautious of at a crime scene:
• Latent prints
• Tools and tool marks
• Weapons, casings, bullets and fragments
• Broken head lamp, glass, and paint chips
• Narcotics
• Biological fluids, including blood, semen and saliva
• Bite marks
• Trace evidence, including hairs and fibers
• Duct tape
• Torn clothing and broken buttons
• Tire tracks and shoe impressions
If there is a suspect present at the crime scene, the suspect should be immediately
removed from the crime scene. Bringing a suspect back to a crime scene, may
contaminate evidence and diminish or eliminate its value.
It is the responsibility of the officer in charge of a crime scene to secure the crime
scene, safeguard potential evidence, prevent unnecessary handling of evidence, and to
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exclude all persons (sworn and non -sworn) from the area who are not directly involved
with the investigation.
Documentation
In order to be admissible in court, evidence must:
• Be relevant
• Be properly identified
• Be properly collected
• Be properly documented
• Be properly preserved
• Have a documented and continuous chain of custody
• Not be collected in violation of a person’s constitutional rights
The Report of Property must contain:
• What type of evidence it is (including physical description of each item)
• Who found the item
• Where was it found (Be specific. Do not just state recovered from suspect)
• Biohazard or other appropriate safety warning
When evidence is collected it must be carefully han dled as to not contaminate or
destroy any trace, biological, or latent print evidence. Officers should not mark on the
actual evidence that is to be examined for latent prints, or DNA, to preserve evidence
that cannot be readily seen. The officer should pl ace the evidence item(s) into an
appropriate sized envelope, bag, or box, then label it with the case DR number and the
item number and properly seal it with evidence tape. All evidence packages (paper
bags, boxes, and envelopes) must be sealed with eviden ce tape. Openings must be
sealed from end to end to prevent loss or tampering. When initialing the evidence tape,
the officer’s initials and badge number should be written on the evidence tape that
overlaps onto the actual packaging. The officer will be ab le to identify the evidence by
the packaging that they have initialed. The Evidence Control Section and the Crime
Laboratory cannot accept improperly sealed evidence.
In court, the officer who found the item of evidence will testify to the identity of the
evidence and the chain of custody. This testimony is needed to confirm that the item
introduced is actually the item that was recovered. The officer will need to be able to
describe where the evidence was found and what condition it was in. Complete and
accurate reports will result in complete and accurate testimony. Anyone who handles
the evidence will become part of the chain of custody and documented proof of every
transfer is required.
Crime Laboratory personnel will not automatically examine evidence . A request form
must be completed and sent to the Crime Laboratory to initiate any examination
process. Any special instructions should be clearly indicated on the request form.
Requests for Crime Lab Field Unit response should be made through the
Communication Center.
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Latent Prints
When an officer at a crime scene observes objects having a solid, non-absorbent
surface, such as glass, plastic, porcelain, metal or semi-absorbent surfaces, such as
paper or cardboard, the officer should attempt to ascertain whether or not these items
were touched by the suspect(s).
Employees should wear protective gloves when searching, handling, and collecting
evidence that potentially contain latent prints. When items containing latent prints must
be picked up, touch as little as possible. Try to handle the areas least likely to contain
identifiable latent prints, such as rough surfaces, edges, and cloth/fabric surfaces.
Even when using latex gloves, fingerprints may accidentally be placed on the evidence.
Gloves or other articles used to pick up evidence will frequently wipe off or smear any
latent prints originally present. Careful and limited handling is required during the
collection and packaging of the evidence.
Even when latent prints are not visible, officers sh ould collect the potential evidence or
request a Forensic Specialist as directed by Department policy.
Mark the box “Prints” on the Report of Property so all involved in the chain of custody
minimize the unnecessary handling of the evidence. Marking this box does not mean
the evidence will be processed by the Crime Laboratory. The Detective handling the
case must submit a written request to the Crime Laboratory for processing.
Narcotics and Dangerous Drugs
When recovering large amounts of cash or narcotics, attempt to contact a member of
the Narcotics Section. If no one is available, process all narcotics and dangerous drug
evidence as directed by policy and in Training Bulletin # 48.
If drugs are loose, place them in a sealed coin envelope, Ziploc bag , or other small
sealed envelope to prevent them from spilling out into the evidence envelope. Drugs
that are loose in a narcotics evidence envelope are at risk for being lost.
Multiple controlled substance evidence items from a single case can be placed in a
single narcotics evidence envelope or package (size permitting). For example, a Ziploc
bag of methamphetamine does not need to be packaged separately from a Ziploc bag
of cocaine. Suspected narcotic evidence in liquid form must be packaged in a leak -proof
container, such as a vial. Make sure the vial is capped tightly.
The court requires that a photograph of the narcotics be brought to court instead of the
actual evidence. Officers should complete the top portion of a narcotic photograph
identification card and place it in the narcotic envelope or packaging. When the
laboratory takes the photo, the identification card is included in the photo so the case
can be easily identified. Only one photo card is necessary per evidence package. Do
not fill out a photo card for each piece of evidence.
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Separate drug paraphernalia (especially glass pipes/glass tubes) from other suspected
controlled substance evidence. Glass pipes easily break and have jagged edges; they
should be placed in a heat-sealed plastic bag or smaller envelope before being placed
in an evidence envelope.
Property reports need to be completed to specifically indicate the evidence description
and location where it was recovered. For example, Item – 1: One blue Ziploc bag
containing plant material recovered from suspect’s shirt pocket. Clear descriptions allow
Criminalists to distinguish multiple items in case.
The Detective handling the case is required to submit a request to the Crime Lab for
controlled substance analysis. Narcotic evidence is not automatically analyzed.
Needles and Syringes
Needles/syringes must be packaged in a plastic syringe tube so that those handling the
evidence will not be injured. Needles and syringes are particularly dangerous due to the
potential of biohazard contamination. Clearly mark the evidence package as containing
“sharp/bio-hazard”. OSHA requires that a biohazard sticker be placed on the outside
of the packaging. Indicate that the evidence is sharp and biohazard on the Report of
Property form. Needles and syringes will not be accepted unless properly packaged.
Exposure to Human Immunodeficiency Virus (HIV), Hepatitis, and other fatal diseases
can occur from an accidental puncture to the skin.
Biohazard Evidence from Body Cavities
Evidence found in any body cavity (including the mouth) must be carefully packaged
and sealed to prevent biohazard exposure. Other forms of biohazard evidence include
evidence recovered from a trashcan, toilet, underwear, or evidence with blood or other
biological fluids on it. The package must be clearly marked BIOHAZARD using either a
biohazard sticker or writing in obvious large letters on the package. Specifically write on
the package or the Report of Property which body cavity the evidence was found. All
biohazard evidence removed from body cavities must be packaged separately so it
does not contaminate other evidence. DO NOT place gloves or paper towels used in
evidence collection inside evidence packaging.
Blood Alcohol and Urine Samples
Blood/urine specimen collection kits are available at all Intoxilyzer stations
(Booking and Youth Services) and the Crime Lab. Always collect specimens with
LBPD kits. The LBPD lab may not analyze other collection containers.
When the concentration of drugs in the blood need not be determin ed, urine samples
are sufficient evidence to prove elements of the crime 11550HS.
Make sure urine bottles are screwed on tightly to prevent leaking. Do not package urine
bottles or blood tubes in plastic. Do not seal the caps with tape. Seal the evidence in the
evidence envelope provided. Do not cover any written information with tape. Place
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biohazard stickers on the lower front right-hand side of the blood/urine envelopes, here
they do not cover any written information.
Blood samples are needed to determine the level of intoxication from drugs. Always use
LBPD blood kits. Try to obtain blood samples for use-of-force, sexual assault cases,
DUI, or anytime drug intoxication of a suspect/victim is an issue. The law allows a peace
office to obtain a blood sample for DUI cases when drug intoxication is suspected
(23612 CVC).
Always have the blood collection technician fill the blood tube completely. Toxicology
analysis, and portions provided to the defense, will deplete the sample quickly. Cases
will be dismissed if there is not enough blood to analyze.
Always follow the directions for collection printed on the blood/urine kits to ensure a
valid analytical result. Failure to do so may result in a case dismissal.
DS 267A forms are no longer required by the DMV for DUI arrests. The crime lab will
use the information listed on the blood/urine envelope to supply the DMV with an
analytical report. Make sure the envelopes are filled out completely.
Alcohol/Beverage Evidence
Beverages in unopened bottles or cans should be properly packaged and placed into
the evidence locker. Beverages in open bottles or cans that require a sample of the
contents for analysis may be placed in a tightly capped plastic container. These
containers are available in the LBPD booking area and at the each Division where
evidence packaging is stored. The original bottle or can should be packaged and placed
into evidence after the sample is obtained. Indicate in the report what type of container it
was originally found in and the approximate total amount of liquid. Place the properly
packaged plastic container and the original bottle in the evidence locker. Unopened
alcoholic beverages that have no bearing on a case can be placed into the person’s
property. Open containers not having any bearing on the case may be discarded.
Biological Fluid/DNA Evidence
Biological fluid/DNA evidence is evidence that has blood or any body fluids on it (i.e.
semen, saliva, sweat). DNA evidence can be collected from virtually anywhere.
Biological evidence must be collected carefully due to the potential of hazardous
pathogens and contamination issues. DNA evidence can be contaminated when DNA
from one source gets mixed with DNA from another source. This can happen if
someone sneezes or coughs on the DNA evidence or mishandles the evidence. A
Forensic Specialist or Criminalist will assist with the collection of biological evidence at a
crime scene such as homicides, rapes or other sensitive investigations. Officers will also
be involved with the collection and packaging of evidence containing biological fluid.
All employees shall wear appropriate protection to prevent exposure to blood borne
pathogens and protect evidence from contamination. Protective items such as nitrile
gloves and surgical masks are appropriate. Even with this protection always clean up
and wash your hands after handling any biological material. Nitrile gloves must be
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changed between handling of any suspect evidence and victim evidence. Employees
investigating crimes with biological evidence should use the following guidelines:
• Items of evidence in which the fluid is dry should be individually packaged in paper
packaging (envelopes, boxes, bags) and identified for freezer storage by affixing tape
labeled Freezer on each item
• Items that are wet need to be marked with the officer’s initials for identification
purposes. Each item will be individually placed in an open paper bag, labeled and the
freezer tape affixed to the bag. Officers shall write AIR DRY on the outside of the bag
• Always keep the victim and the suspect items separate to prevent cross
contamination.
Each item; shirt, pants, shoe must be packaged separately
• The officer shall indicate on the Report of Property which items were packaged and
identified with freezer tape
Once dry, the item must be properly packaged, sealed and frozen without delay
to prevent deterioration
The freezer tape shall also be affixed to sexual assault kits. Evidence that is
saturated and dripping wet must never be placed in the Division storage lockers.
If it is during normal business hours, bring the evidence directly to the Evidence
Control Section. If the Evidence Control Section is closed contact the Evidence
Control Sergeant through the Communication Center.
Clothing
The unnecessary handling of clothing should be avoided to preserve any particles of
evidence that might be clinging to them, such as, paint chips, metal chips, hair or fibers,
or any dried biological fluids. Carefully fold clothing and place it in a paper envelope,
bag or box appropriately marked. It is important that each item that contains evidence
be packaged separately in order to prevent cross contamination. The victim’s, and
suspect’s, clothing must never be packaged together. Cross contamination of victim and
suspect clothing, shoes or other items will diminish or eliminate the value of evidence
that proves contact.
Hair and Fibers
Place hair or fibers into a folded paper bindle or small envelope. Place the bindle into an
envelope and seal before placing in the evidence locker.
Flammable Liquid
Experience and good common sense should be exercised when handling explosive,
incendiary, flammable, caustic items or hazardous material. The Watch Commander or
field supervisor should always be contacted for appropriate disposition of t hese
materials. Never place gasoline or other flammable liquid in the evidence locker or
evidence room.
Motorized equipment, such as lawn mowers, must have the gasoline removed for
Evidence Control to accept it. The Evidence Control Section cannot accept car
batteries, helium tanks, propane tanks, or fireworks. After normal business hours and on
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weekends, the officer shall contact communications to call the on -call Evidence Control
Sergeant.
Flammable Evidence Materials
Long Beach Fire/Police arson investigators are equipped to obtain and package
samples of flammable materials for evidentiary purposes. A sample of flammable
material will be collected by the arson investigator and placed into a sterile airtight
collection container for safe transport to the LASD Crime Lab.
Traffic Cases
When a felony hit and run vehicle is located, impound it and request a Crime Lab Field
Unit to respond to process the vehicle. The suspect vehicle should be towed on a flat
bed. While at the scene collect any item(s) or debris, which may have come from the
suspect vehicle, for later comparison. Collect and place into evidence items, which may
have come from the suspect vehicle, such as glass and/or paint chips, or any item that
may have fallen out of the suspect vehicle. Note the damage to the cars involved, such
as paint transfer and the location of damage.
Conclusion
Before evidence is admissible in court, it must be relevant, properly collected and
packaged, and the chain of custody must be clearly documented. The prope r handling
and documentation of evidence is critical for a criminal investigation. This will allow the
successful prosecution of the perpetrator and to exonerate the innocent.
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Instruction Guide 6
CONSENSUAL ENCOUNTER/ DETENTION/ REASONABLE
SUSPICION/ PROBABLE CAUSE
Consensual Encounter
Is a face-to-face contact with a person under circumstances, which would cause a
reasonable person to believe they are free to leave or otherwise not cooperate. No legal
justification is needed as long as the officer is in a place he/she has a right to be.
Example: A peace officer suspects an individual of possessing a controlled substance
but does not have enough information to legally detain him. The officer approaches the
person and asks if he would be willing to answer a few questions.
If people refuse to cooperate during a consensual encounter, a peace officer cannot
require them to do so. People must be allowed to leave unless the officer has obtained
or developed sufficient additional information that would jus tify detaining or arresting
them.
Reasonable Suspicion
Is when a peace officer has enough facts and circumstances present to make it
reasonable to suspect that criminal activity is occurring and the person detained is
connected to that activity.
Reasonable suspicion of criminal activity must exist to make a detention.
Reasonable suspicion may be based on the following:
Observation
Personal training and experience
Information from eyewitnesses, victims, or other officers
Reasonable suspicion cannot be based on a hunch or instinct. If reasonable suspicion
is not properly established in a court of law, the case against the defendant may be
dismissed or any evidence seized may be excluded from the trial.
Factors that contribute to establishing reasonable suspicion:
Appearance or condition of a person (intoxicated, resemblance to wanted
person)
Actions (hiding objects, furtive movements, running from a crime scene)
Knowledge of the person’s criminal history (criminal record or conduct)
Demeanor (non-responsive, nervous)
Time of day
Location of the stop (near crime scene, known criminal activity area)
Officer training and experience (expertise in certain area such as narcotics or
gang activity)
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NOTE: Flight by itself does not establish reasonable suspicion and cannot justify a
detention.
Example: An officer observed a man and woman standing on a corner in an area
known for high drug activity. The woman appeared nervous, looking around in all
directions. The woman reached into her pocket and gave the man a baggie in return for
something; he then walked away. The officer is justified in detaining the man and
woman on reasonable suspicion of drug-dealing.
Detention
Requires reasonable suspicion of criminal activity. A temporary detention or stop is an
assertion of authority by a peace officer that would cause a reasonable person to
believe they are not free to leave (i.e. physical restraint, verbal commands, or other
conduct by an officer). A detention of a person is limited in scope, intensity and duration.
It is less than an arrest and more substantial than a consensual encounter.
Common investigative actions during a detention include:
Questioning the person about identity and conduct
Contacting other individuals (i.e. witnesses) to confirm explanations, verifying
identification, or determining whether the person is wanted
Checking Premises, examining objects, or contacting neighbors or other
individuals to determine whether a crime actually occurred
Bringing the victim to the suspect for identification pu rposes
A detention must be temporary and last no longer than is necessary to resolve the
reason for the stop. A detention legal at its beginning can become an illegal arrest if
extended beyond what is reasonably necessary under the circumstance.
Example: An officer approached a man, known for selling drugs, in an alley and asked
if they could talk. The officer proceeded to obtain general information from the man and
started filling out an FI card. The man stated he needed t leave, but the officer did not
return his driver’s license, continued to run a records check, and made small talk until
the results came back. Because the officer kept the license, the man was not free to
leave. In this example, the consensual encounter was elevated to a detention.
Probable Cause
The Fourth Amendment of the U.S. Constitution requires probable cause to make
arrests and/or conduct searches because searches or arrests conducted without
probable cause infringe on a person’s privacy.
Probable cause for an arrest is a set of facts that would cause a person of ordinary care
and prudence to entertain and honest and strong belief that the person to be arrested is
guilty of a crime. Probable cause is required before an arrest is made and is based on
the totality of the circumstances.
Example: An officer stopped Smith’s car for a traffic violation and as he approached the
car the officer observed a cardboard box in the backseat. The box contained class
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beakers and flasks with white residue. The officer’s training and experien ce enabled him
to recognize the contents of the box as items commonly used to manufacture
methamphetamine, allowing him to make a lawful arrest.
Field show-up
When a police officer locates a person matching the description of a suspect involved in
a crime the officer may detain that person to investigate. Before a witness can observe
the potential suspect the following “field show-up” procedure must be adhered to.
Officers must advise the witness that the person detained may or may not be the
person involved in the crime and that the witness is under no obligation to identify
them.
The witness must be transported to the suspect’s location unless the witness
cannot be moved due to injury.
In the event of multiple witnesses, each witness must be transpor ted to the
suspect’s location separately.
The identification or failure to do so must be documented in the witnesses own
words.
Photo Line-ups
A photo line-up is a photographic group of six people shown to a victim and/or witness
from which the victim and/or witness may pick the perpetrator of the crime. Courts and
prosecuting agencies place great emphasis on proper photo line -up procedures,
particularly with respect to the suspect’s constitutional rights.
When a suspect's photograph is shown to a victim/witness for the purpose of
identification, it is placed in a photo display, or may be printed in color from a digital
photo, along with at least five additional photographs depicting persons of similar
appearance. The investigating officer should not show the victim/witness a single photo
of a potential suspect. The only exception is if the investigator is showing a
victim/witness a single photo of someone they already know from prior contacts for the
purpose of confirming a suspect's identity.
As a general rule a photo line-up will not be deemed suggestive if:
The persons in the photographs are fairly similar in appearance
The suspect is not "marked for identification" in any way
Officers do not say or do anything to cause the victim/witness to sel ect the photo
of the suspect
Photo line-ups have been used widely and effectively in criminal law enforcement and
are effective, not only in apprehending offenders, but also eliminating from
consideration innocent persons. If officers "suggest in any way" to the victim/witness
that a suspect to be observed in a line -up or show up committed the crime, then any
positive identification will be tainted and not admissible as evidence.
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Instruction Guide 7
FIREARMS QUALIFICATION (MANUAL 6.8.6)
Any authorized personnel who carries a weapon in the performance of full or light duty
assignments must meet all requirements set forth for firearms qualification. Employees
of all ranks are required to qualify on a regular and predetermined basis with an
approved weapon for primary service use. The weapon shall be the same weapon
normally carried while on-duty.
Employees of all ranks who elect to carry a secondary or back-up weapon as authorized
in the Uniform and Equipment Specifications Manual, or who carry such weapons as
their primary sidearm, must additionally qualify with this weapon at least once a year
and at their own expense.
Employees may be excused from qualification firing ONLY by their Bureau Deputy Chief
or the Commanding Officer, Internal Affairs Division. Anyone failing to qualify within a
shooting period without prior permission may be subject to disciplinary action.
Failure to Fire for Qualification
Authorized personnel who fail to fire for qualification during a shooting period shall be
afforded an opportunity to forward a memorandum to the Commanding Officer, Internal
Affairs Division, justifying their failure to qualify, or provide evidence of qualification. The
Commanding Officer shall review the memorandum and use his/her discretion whether
or not to waive the shooting period in question.
Authorized personnel who have not fired and are not excused shall be subject to
discipline:
• A letter of reprimand (1st offense)
• Progressive discipline may apply to subsequent violations
6.8.7 QUALIFICATION FIRING
All employees authorized to carry firearms shall qualify each shooting period with their
primary duty firearm. Any change in firearms, or to an assignment requiring a new
firearm, shall require the officer to re-qualify with the new firearm prior to carrying it on-
duty.
If an officer wants to carry a back-up weapon as a primary firearm in a non -uniform
assignment, he/she must qualify each period with that firearm. The officer must qualify
with the weapon prior to the duty assignment. The ba ck-up qualification score shall not
be counted as a primary firearm qualification. There must be a 50 -round score (50-
round qualification course) on record for that firearm prior to primary duty use.
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Minimum Scores
The minimum score for qualification is 80% (reference Training Bulletin #134). An
employee who does not fire a qualifying score shall be scheduled by the Training
Division to receive the instruction necessary to qualify at the minimum level. Absent a
qualifying score, the employee shall not use that firearm in a duty capacity.
Re-firing
Officers may re-fire at their own expense. The highest score fired for qualification during
that shooting period shall be the score used in determining the bonus pay.
Ammunition
Qualifying police and fire personnel shall be allotted 200 rounds of ammunition each
qualification period. Officers wanting to fire more than the 200 round allotments must
provide their own ammunition. All ammunition is subject to inspection and must be
approved by range personnel. Range personnel will not sell ammunition.
Ammunition Replacement
All officers are required to replace their duty ammunition with new ammunition at least
once a year. This will be required regardless of whether an officer has purchased his or
her own ammunition or is using Range issued ammunition.
Range Safety
All employees shall adhere to the following range safety guidelines:
Review the posted range safety guidelines before using the range facility
Check-in with range staff prior to using range
Shooters are not to draw, load, unload, or handle weapons inside the range
building
Loading and unloading of weapons shall occur on the firing line facing
downrange or with the provided hot box
All weapon serial numbers are to be checked outside of the range build ing
All weapons are to be treated as loaded at all times
Shooters are to keep their finger off the trigger until they have target acquisition
and are ready to fire
All weapons are to be cleared on the line after completing the course of fire
All weapons are to be cleared at the provided hot box before entering the
cleaning area
No ammunition or loaded weapons are to be brought into the cleaning area
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Letter of Authorization
A “Letter of Authorization” to purchase a duty weapon serves only to waive the 15 -day
waiting period. The letter does not authorize the officer to carry the weapon on -duty until
qualification or certification has been completed at the Range.
6.8.8 FIREARMS – QUALIFICATION PROCEDURES
The firing schedule shall be established by the Comm anding Officer, Training Division,
to be published annually. All qualifications shall be conducted at the Police Combat
Range. The Range Officer shall conduct the entire qualification firing procedure.
Individuals in violation of range rules shall be disqu alified. Continued violations may
result in disciplinary action.
All employees required to carry firearms, including Command Officers, shall
successfully complete the regular turning-target qualification course, the
handgun/shotgun courses, and the vehicle exit stress combat course.
Employees must qualify with their primary sidearm during all courses of qualification.
This includes personnel in non-uniform assignments who are authorized to carry back -
up type weapons as primary side arms. As overtime will not be authorized, officers shall
qualify during duty hours, with the exception of Watch One.
Skill payment will be computed using the highest score fired during the first qualification
period.
Employees will be allowed one choice of the following ammuni tion per quarter:
• 200 rounds of .38 caliber
• 200 rounds of 9mm
• 200 rounds of .380 caliber
• 200 rounds of .45 caliber
• 200 rounds of .45 Long Colt
• 200 rounds of .40 S&W
Employees who wish to qualify with both a .38 caliber and a .45 caliber shall be given
100 rounds of ammunition for each firearm.
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Instruction Guide 8
USE OF FORCE PARADIGM
AND REPORTABLE USE OF FORCE
Use of Force Paradigm
The Department utilizes a “use of force paradigm” to allow the officer to select
the level of reasonable force necessary to control the situation. Depending upon
the employee’s duties, training and authorization, force options include:
Command presence
Verbal commands
Pain compliance techniques
Takedowns
Carotid control hold
Impact weapons
Chemical agents
Less lethal systems
K-9
Deadly force
Should an officer use a force option outside of trained/authorized techniques, the
officer must fully articulate the necessity of such force and why authorized force
options were not utilized.
Reportable Use of Force
A reportable use of force occurs when any officer, in the course and scope of his or her
employment, whether on or off duty, uses any physical force upon a non -compliant
person, for purposes other than training. A reportable use of force includes, but is not
limited to the following:
1) Takedowns
2) Impact weapons
3) Chemical agents
4) Less lethal systems
5) K-9 bites
6) Carotid control hold
7) Deadly force
The following force options are non-reportable:
1) Controlling force when there is no complaint of ongoing pain or injury after the
force has stopped;
a) Controlling force ranges from exerting a firm grip on a subject, to pain
compliance control holds, to an actual physical hold or lock;
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2) Use of the hobble or expectorant shield, when the subject is compliant during
its application.
Employee Responsibilities
An employee will immediately notify a supervisor regarding a use of force incident,
unless exigent circumstances delay the notification. Employees are responsible for the
following:
1) All on-duty employees must complete a report detailing the use of force by
the end of the officer's shift, unless exigent circumstances prevent the officer
from filing his/her own report;
a. Any employee that uses force must personally document their actions in a
police report;
b. Any officer not directly involved, but a witness to a reportable use of force
will have their observations recorded in a police report;
2) If an employee is off-duty, out of jurisdiction, and involved in a reportable use
of force incident, the employee shall notify the Watch Commander as soon as
practicable, and file a memorandum to their Division Commander articulating
the circumstances surrounding the use of force incident no later than the end
of their next work shift; and
3) In all cases where the carotid control hold has been applied, it shall be the
responsibility of the employee using the control hold to ensure that a medical
evaluation is conducted as soon as practicable.
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Instruction Guide 9
TACTICAL COMMUNICATION TECHNIQUES
Tactical Communication emphasizes the mastery of communication by re -directing
behavior with words.
Tactical Communication consists of tactics based on the principle of non -resistance and
turning aside aggression to achieve a positive goal. Tactical Communication does not
suggest that physical force is never necessary. Force is sometimes quite necessary and
proper. However, at times, words can be more powerful than force when correctly used.
Talking a combative subject into custody is preferred, rath er than having to subdue
him/her with physical force.
The principles of Tactical Communication are:
Use language in a professional manner (no profanity). Officers often use
profanity as a bluff or intimidation because they lack confidence in their tactic al
skills
Use words to achieve professional objectives
Stay in contact with the audience, the people you are communicating with
Keep the communication on target. Don’t allow subjects to change the focus of
your investigation
Redirection of verbal abuse rather than reacting to verbal abuse
Achieve maximum efficiency and maximum effectiveness with minimum effort
The Rhetorical Perspective
Effective rhetoric can be an officer's most useful tool in the field. Loosely defined as
effective communication, rhetoric is exercised numerous times each day by every officer
on duty, whether in civil or criminal matters. An officer's ability to select the appropriate
means of communication, often under surprising and stressful circumstances, is the
measure of good police work and good public relations. The rhetorical perspective
consists of perspective, audience, voice, purpose and organization.
Perspective (your point of view, your knowledge)
• KNOW what you are talking about
• CONTROL your emotions and biases
Causes of Complaints
The feelings produced by anger are the primary reason complaints are made and
lawsuits filed. Avoid making remarks that will cause this anger and redirect the remarks
made toward you that might cause you to become angry. Categories of conduct t hat
can cause anger include:
Embarrassment/loss of dignity
Belittlement/being talked down to
Rudeness/discourtesy
Misunderstanding/lack of explanation
Verbal abuse/name calling
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Action based on these categories may arouse a strong feeling of displeasure an d
belligerence. If you do less to stimulate these acts, you will have fewer complaints and
lawsuits. If you redirect the verbal attacks upon you, you will establish more control
through your professionalism and will have a great opportunity to acquire the voluntary
compliance of the person with whom you are dealing.
Audience (other person)
READ the audience
Utilize methods to reduce complaints
Be considerate to people. This will maximize your investigative and law
enforcement effectiveness
Eliminate anger and negative threats by you and your audience and you will increase or
enhance:
Consent
Confessions
Cooperation
Make people want to give you their voluntary compliance by being considerate,
sympathetic, and by displaying human kindness. Let people retain their personal dignity
and self-respect and you will receive consent, confession and cooperation in return.
Tactical Explanation
When using force in the field, you must consider not only the effects on the suspect but
also the effects on those who will judge you. Your use of force will be judged not only by
the witnesses but also by the courts. You want both on your side, not against you. You
have to give them reasons to understand why force was needed. You have to convince
them that the use of force was reasonable and unavoidable. This is when you use a
tactical explanation.
When dealing with a combative suspect, make it a point to solicit cooperation.
Identify yourself as a police officer even when in uniform. Use phrases like "Sir,
please cooperate." Or “Sir, you are under arrest, don’t resist.” Repeat these
statements both for the suspect and the audience
Say them loud enough for witnesses to hear
If you are in a team arrest situation, you can designate one officer to be the
"talker", soliciting cooperation
Make sure there is no doubt in anyone's mind that you have made every effort to
gain voluntary compliance with the law and your requests
Once the arrest is made and the suspect is safely in custody, a short explanation
to the crowd or witnesses about what they just witnessed is usually appropriate
This tactical explanation and solicitation for cooperation is critical when working a
plainclothes assignment. A good example would be a vice-officer arresting a combative
prostitute. Witnesses who would normally be alarmed at this scenario are now provided
the insight as to what is actually occurring.
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A tactical explanation may:
Provide insight to witnesses as to the purpose of your actions
Keep potentially hostile witnesses from making distorted perceptions
Help prevent citizen complaints
Help counter or explain a suspect’s complaint
Establish good public relations by supporting potentially helpful witnesses
Remember:
People see the event differently than you do
Scenes change as you enter the situation
People watch you perform your duty
Audiences are made, not found. (You make people what you want them to be)
Voice (tone, pace)
Voice is part of the total role adopted by professionals and it must be consistent with the
assumed role.
Purpose
Obtain your desired results, i.e., cooperation, professionally.
Organization
How you want the encounter to unfold, from beginning to middle to end. You order it,
given your "reading" of the encounter and your resulting behavior.
Example: "The Eight Step Vehicle Stop"
• Greeting
• Identify yourself
• State reasons for stop
• Ask if there is any legal justification for their actions
• Request driver's license
• Request vehicle registration and proof of insurance
• Decision stage (citation or warning)
• Close (If you cite the individual, ask him/her to "Drive Safely". If you warn the
individual, say, "Have a good day".)
The advantages of employing the principles of the "Eight Step Vehicle Stop" are:
• Creates command presence
• Deflects argument
• Adds assessment time
• Sounds good
• Looks good
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Instruction Guide 10
CIVIL DISPUTES AND DISPUTE RESOLUTION
An officer’s primary responsibility at the scene of a dispute is to keep the peace. In
addition to peacekeeping, the officer will often also be called upon to determine if a
crime has been committed, provide safety to individuals and property, attempt to find
solutions to the problem and be tactful.
KEEPING THE PEACE
In many civil disputes, (e.g., landlord/tenant, repossessions, neighbor disputes, etc.)
emotions run high and a responding officer may arrive at a very heated situation.
Restoring order and diffusing the situation would be the first order of business. In many
instances, all that is required is the calming influence of the officer to resolve the
dispute.
If the officer cannot resolve the dispute, he/she should not try to give disputing parties
legal advice. Rather, the officer should refer the parties to the civil court process or to
whatever community agency is best suited to the particular dispute.
If the elements of a crime exist, e.g., vandalism, battery, domestic violence, etc.,
and a citation or arrest will resolve the dispute, the officer should take the
necessary action. In the absence of a crime, the dispute is purely a civil matter
Be concerned about your safety, the safety of other responding officers,
disputants, witnesses and significant others
Always remember that the desired result is the peaceful resolution of the dispute.
If the officer can help the parties decide on a mutually agreeable reso lution, then
the problem is solved
The public will often take your personal opinion as law. You are not qualified to
give legal advice. Always advise parties that you are there to keep the peace.
Your prime considerations should be ensuring the safety of i ndividuals and
property
Landlord/Tenant Disputes
In general, when a landlord and a tenant enter into a contract, it is one in which the
landlord gives the tenant temporary possession and use of the landlord’s property for a
specified amount of money for a specific period of time. Problems arise when one of the
parties is perceived by the other party to have violated some, or all, of the contract.
Relevant Laws
Tenant Lockout - PC 418 – Every person using or procuring, encouraging or assisting
another to use, any force or violence in entering upon or detaining any lands or other
possessions of another, except in the cases and manner allowed by law, is guilty of a
misdemeanor. If the landlord does not attempt to lock the tenant out, he/she may
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attempt to seize the tenant’s possessions in payment for past due rent. This is also a
violation of §418 PC. A landlord must have a court order to be able to seize personal
property for past due rent.
Example: The tenant is behind in his/her rent. The landlord chang es the locks in an
effort to prevent the tenant further use of the dwelling until the rent is paid. This
constitutes a use of force and is a violation of §418 PC. The landlord needs to let the
tenant in and attempt to resolve the dispute in court.
Seizure of Tenant's Property - CA Civil Code 51816(a)
Removal of Door or Windows - PC 594
Example: A landlord removes the doors and windows of a tenant’s dwelling in an
attempt to evict the tenant. Even though the landlord may be destroying his own
property, courts have held that the tenant has a property in the premises. Destruction of
property and/or removing the doors and windows can be a violation of §594 PC.
Termination of Services - CA Civil Code 789.3
Trespass – PC 602.5
The landlord may enter an apartmen t or rental dwelling without tenant's consent only in
the following situations:
In an emergency.
To make necessary repairs or agreed on repairs, or to show apartment to
prospective tenants, purchasers, workmen or contractors, or mortgage holders.
When tenant has moved out.
When a court order authorizing entry is in effect.
Section (1) provides for entry at any time if emergency conditions exist, e.g., smoke,
leaking water, etc.; Section (2) during normal business hours with reasonable notice to
tenant.
NOTE: Any section in a lease that denies tenant the right to possession or allows
unreasonable entry by landlord is void.
Example: A landlord enters a tenant’s premises without permission from the tenant.
The landlord’s purpose is to harass, snoop and otherwise annoy the tenant. This type of
conduct would be a violation of §602.5 PC, constituting a trespass.
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Landlord’s Obligations for Property and Tenant
A landlord has a general legal obligation to keep the rental premises in a condition fit for
human occupancy and to repair all defects that make the premises uninhabitable. The
landlord must provide an apartment that has:
Adequate weatherproofing, waterproofing and rodent proofing
A workable plumbing system
At least one working toilet, bathtub and bathroom sink
At least one working kitchen sink
Adequate heating facilities
Safe electrical wiring
Adequate garbage and trash storage and removal facilities
At least one working telephone jack
The landlord cannot avoid these requirements by placing the burden to r epair these
facilities on the tenant as part of the conditions of the lease. However, if the tenant
brings substandard conditions to the attention of an officer, the dispute is still civil. The
tenant should be advised to seek the counsel of an attorney or legal aid society.
Eviction
The process of legal eviction may result in the landlord filing an unlawful detainer action
in court. This is a lengthy and potentially costly process that involves several steps.
Notice
If the tenant has violated any of the conditions of his lease or rental agreement
(e.g., he failed to pay his rent when it was due; he is keeping a pet when this is
specifically prohibited), the landlord must give the tenant a three-day written
notice to either correct the condition or move, prior to bringing an action in court
to evict him. This means that if the tenant who is behind in his rent pays the total
rent due within the three-day period, the landlord cannot have him evicted.
In addition, a landlord has the right to terminate a month-to-month tenancy for
almost any reason, even if the tenant has not violated any provisions of the rental
agreement. To do this, the landlord must first serve the tenant with a written
notice instructing him to vacate in 30 days.
Service of Notices
A 30-day notice must be served in one of these ways:
o Handed to tenant personally.
o Handed to fairly grown up child or adult on the premises and a copy sent
to tenant by mail.
o If no one is home, the notice may be posted in a conspicuous place and a
copy sent by mail.
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Unlawful Detainer Action
If the tenant has been properly served with a 3- or 30-day notice and he does not
voluntarily comply, the landlord can bring court action to evict him. The landlord
initiates this action by filing an "unlawful detainer" complaint with either the
Municipal or the Small Claims Court.
Landlord Requirements
The landlord must fulfill the following refinements and must maintain:
A structure that is weatherproof, waterproof, and rodent proof.
A workable plumbing system.
One working toilet, bathtub, and bathroom sink.
One working kitchen sink.
Adequate heating facilities.
Safe electrical wiring.
Adequate garbage and trash storage and removal facilities.
NOTE: The landlord cannot waive these requirements by placing the burden to
repair these facilities on the tenant as part of the conditions of the lease.
Repossessions
A conditional sales contract exists when an article is purchased on credit and the article
is physically in possession of the buyer but the seller retains the title. De fault on a
conditional sales contract will cause repossession. Again, when dispatched to a dispute
arising out of repossession, you are there to keep the peace, not to take sides.
The seller has a right to repossess, and the buyer (buyer’s spouse has the same right
as the buyer) has a right to protest or object to the repossession. If the buyer’s protest is
so strong that the repossessor cannot take the property back without using force or
threats, then the repossessor will have to resort to the legal proc ess to regain
possession of the property. However, the buyer’s protest must be made before the
repossessor has taken possession of the object.
For cars and other vehicles subject to registration under the Vehicle Code,
repossession occurs when the repossessor gains entry to the vehicle or when the
vehicle is connected to a tow truck.
For property other than vehicles, repossession is complete when the repossessor
exercises complete dominion and control over the property. The repossessor does have
the right to go onto privately owned land to retake property, e.g., an automobile from a
driveway or furniture from an open porch. But, in no event is he/she authorized to enter
any building or enclosure without permission.
Remember that repossession is strictly a civil matter and in no event are you authorized
to give legal advice. Direct the parties to contact their respective attorneys for such
advice.
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Instruction Guide 11
MIRANDA RIGHTS
ADVISING SUSPECTS OF THEIR RIGHTS
The Miranda admonition must be given whenever:
1. The suspect is taken into "custody" (custody is defined as restriction of freedom
associated with a formal arrest); and,
2. The suspect is to be interrogated.
Examples:
o The officer tells the suspect he/she is under arrest.
o The officer subjects the suspect to arrest-like restraints (examples would
include placing the suspect in handcuffs, in a cage, or in the back seat of the
unit, or pointing drawn weapons at the suspect during a felony stop).
Note: Removing the handcuffs, taking the suspect out of the cage or back seat,
or holstering your weapon terminates the restraint and the need for
Miranda warnings.
The Miranda warning should be:
1. Read verbatim from the TPD Warning and Waiver Card; and,
2. After admonishing and prior to questioning, it is necessary to obtain a valid
waiver.
The suspect's waiver may be:
Either express or implied:
Express Waiver:
An express waiver is the ideal and must be made:
voluntarily
knowingly
intelligently
obtained via the utilization of the printed TPD Rights and Waiver Card
Implied Waiver:
a waiver of this type is when the suspect acknowledges his understanding
of his rights and makes statements or answers questions without
expressly stating he/she wishes to give up their rights.
Although not the ideal, this type of waiver can be used where based on
the officer's experience and professional judgment, he/she thinks it is not
likely that the suspect is willing to provide an express waiver but seems
willing to discuss the case.
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Juveniles
1. When arrested, juveniles must be given Miranda warnings at all times whether
questioned or not.
2. There is no obligation to give the warning immediately upon arrest, but the
warning shall be given at some point during the arrest and definitely prior to any
questioning.
3. The rules for obtaining waivers from juveniles are the same as those for adults.
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Instruction Guide 12
INTERVIEW & INTERROGATION TECHNIQUES
Introduction
Skillful interviewing and interrogation is a police technique that should be understood
and practiced by every police officer regardless of assignment. Eve rything a suspect
says while in the presence of an officer may be important. An officer’s job does not end
with the arrest of a suspect. Quite the opposite is the case. Physical evidence alone
may be sufficient to secure convictions in criminal cases, but often corroboration is
necessary to convince a jury. An admission or confession from the suspect may provide
this corroboration. In order to properly prepare a case, a prosecutor needs to know what
the likely defense will be. When a suspect gives a statement, his defense at trial will
have to be consistent with that statement. A suspect is always in a worse position at trial
if he gave a statement soon after his apprehension.
The ability of an officer to skillfully elicit information from a suspect regardi ng the crime,
other crimes, possible accomplices, witnesses or locations where a suspect may have
stored stolen property can be greatly enhanced by the understanding and thoughtful
use of interview/interrogation techniques.
Legal Considerations - Miranda
The following legal issues must be considered when questioning suspects:
The Fifth Amendment to the United States Constitution states that a person "shall
not be compelled in any criminal case to be a witness against himself." (Miranda
- 1966)
The Sixth Amendment guarantees, "The accused shall enjoy the right . . . to have
the assistance of counsel for his defense."
No Miranda advisement is necessary unless both "custody" and "interrogation" exist
at the same time.
"Custody" means either
o That the suspect actually has been arrested, or
o That the suspect’s freedom of movement has been restrained to the
degree associated with a formal arrest (“equivalent restraints”), and that
he is aware of these restraints
"Interrogation" means either
o Engaging in direct questioning of the suspect designed to elicit an
incriminatory response, or
o Engaging in conduct which is the "functional equivalent" of interrogation
because you should reasonably know that it is likely to elicit an
incriminating response from the suspect
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When talking with a suspect who is not in custody, the fact that the suspect may be the
"focus" of your investigation makes absolutely no difference; you do not have to give
Miranda warnings just because you now believe you are talking to the perpetrator. The
reason you do not normally need to give Miranda warnings to a detainee or someone
receiving a citation is because a detention--even though it is a "seizure" under the
Fourth Amendment--does not amount to "custody" under Miranda.
Examples of No Custody:
You question someone thinking he is just a witness. Gradually, you conclude he
probably committed the crime, and you plan to arrest him at some point. As long
as there was no "custody" at the start of the questioning, and nothing changed
regarding the degree of restraint on the suspect, you can continue to ask more
questions without giving Miranda warnings, and any incriminating responses will
be admissible in court
No Miranda warning is required to question a suspect at the scene, even though
you had probable cause to arrest him from the moment you first saw him
No Miranda warning is required when a suspect has agreed to be interviewed at
the police station, was told he was not under arrest and he could leave, even
though the questioning was accusatory
Note: Never tell a suspect that you are not going to arrest him. This could be viewed
as a promise of leniency that would make the statement "involuntary" and therefore
inadmissible.
Miranda Warnings:
Always read the suspect his rights rather than recite them to him by memory
Do not intentionally violate Miranda, in particular, do not ignore an invocation of
the right to silence or counsel
Note: If the suspect is a juvenile, §625 WIC requires Miranda admonitions to be
given in any case where a minor is taken into temporary custody, even without
any interrogation
Interview & Interrogation Techniques
Immediately Following a Crime: Generally, the handling patrol officer is in the best
position to conduct the preliminary questioning of a suspect who has just c ommitted a
crime:
The officer usually has first hand knowledge of the situation
If the suspect is not in-custody, the officer may interview without Miranda warning
The suspect is usually unprepared for questioning and may make spontaneous
statements
The suspect has had no time to fabricate a story
This is an excellent time for officers to ask leading questions that assume guilt
It is equally important to document self -serving statements or lies
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On-going Investigation
An officer must exercise restraint when talking with a suspect who is wanted regarding
an ongoing investigation. The suspect usually does not know what information the
investigating detective has and he has ample time to prepare a story. A case may be
irreparably damaged if the officer is ove rzealous in his/her interrogation, particularly if
his/her case knowledge is inadequate. This is an area best left to the detectives.
General Techniques
The effective interrogator must be a good listener who obtains everything possible from
the suspect and gives out a minimum of information. Even though an officer knows a
suspect is being untruthful, the suspect should be permitted to tell his/her story without
interruption during the preliminary interview. Document these statements as suspects
frequently trap themselves with their false statements.
The attitude of the interrogator can make the difference between a successful
and an unsuccessful interrogation. The suspect should be convinced that the
officer is sincerely seeking the truth rather than trying to trick or belittle him into a
confession
Use words the suspect can understand. Speaking beyond the suspect's level of
understanding may make the suspect feel the officer is talking down to him
Immediately separate suspects. Separating suspects may cause them to fear the
other suspect will implicate them. If suspects can be prevented from
collaborating, the officer may get conflicting stories. Discrepancies provide an
opportunity to prove the suspects are lying
Prevent the suspect from hearing the police radio. The suspect may hear
confidential information or other beneficial information
A nervous suspect does not necessarily indicate a feeling of guilt. However, an
officer may comment on a suspect's nervousness as a means of breaking down
confidence
Use direct questioning to put the suspect on the defensive, this is most effective
when officers have a good indication of guilt. Ask questions like "Do you know
why you are here?" and "What do you know about this case?" Just being on the
defensive may cause the suspect to divulge useful information
Avoid bluffing if there is a probability of discovery. Once a suspect discovers a
bluff, the interrogation will most probably fail
It is wise to document statements and confessions in writing, allowing the
suspect an opportunity to review and sign the statement. This is a valuable tool in
the prosecution phase and makes it very difficult for the defense to attack the
officer's credibility
The officer's questions may assume the suspect's guilt if there is considerable
evidence present. By properly phrasing the questions, the officer should indicate
he knows the suspect committed the crime and is merely asking details
Sometimes a successful answer may depend on using "softer words" in the
questioning. Words like STAB, ROB or CONFESS may cause a suspect to
freeze up where words like HURT, TAKE and TELL may be easier for the
suspect to deal with
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Sympathetic Approach
Some suspects express a sincere desire to go straight. Officers should take advantage
of this and advise them they can start over, only if the present case is cleared up. The
suspects should be advised they cannot "go straight" if they have other offenses that
they will be picked up for at a later date:
This method is most effective with a suspect who shows remorse
Should be conducted where there is less chance of interruption because the
officer is dealing with the suspect's emotions and he must build a rapport with the
suspect
In many cases, the suspect wants to believe that the crime is not serious,
therefore the officer should minimize the seriousness of the offence without
making promises
Appeal to the suspect’s “doing the right thing” or “getting a load off his chest”
The Logical Approach
Many criminals have no feeling of guilt or remorse. They regard a sympathetic
approach as a trick and will say nothing. Such a person might require a more logical
approach:
When using a logical approach, officers should use the facts as weapons
Bits of circumstantial evidence that upset the suspect's story should be used as
levers to obtain information but be careful not to provide or tip the suspect as to
facts that may not be public information
Suspects may cooperate with officers if they feel their best interest will be served.
They may talk if they feel the victim, witness or an additional suspect will give
distorted or a one sided version of the crime
Cold Shoulder Technique
May be effective in calming angry or antagonistic suspects
Suspects should be ignored for a while, further questioning may only cause
additional hostility
If they realize their hostile attitude gains nothing, they may become more
cooperative
Pit One Suspect Against Another
In this technique the officer conducts a lengthy interview of one suspect to obtain
as much information as possible, including minor details
If he is aware this interview is occurring, the second suspect may begin to worry
When the second suspect is finally interviewed, the officer should watch for
discrepancies between the two stories
Any discrepancy that the investigator can p resent to the second suspect, may be
the one that convinces them that their partner has confessed
Appeal to emotional suspects by allowing them to place blame on an accomplice
or someone else. Suspects who can place blame for their crime on someone
else may be more cooperative
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Conduct of the Officer
During interrogation, an officer has every right to ask tough questions, exchange
information, summarize evidence, use limited subterfuge or deceit, outline theories,
confront, contradict, and even debate the suspect. However, there are some things that
must be avoided otherwise any admission or confession may be lost:
Obviously, the use of violence or other form of physical coercion will render a
resulting confession involuntary
Avoid threats of punishment for failure to admit or confess particular facts
Avoid false promises of leniency as a reward for admission or confession
Avoid comments about legal penalties or sentencing
There are no circumstances in which an officer may suggest that a suspect's
exercise of the right to remain silent may result in harsher treatment by a court or
prosecutor
Courts have held that an officer’s exhortation of "tell the truth," "be a man," and
"earn some respect," was all right but when an officer told a suspect "Death
penalty went back in today; did you know that?" the court ruled that "a threat was
implied" which made the suspect's statement inadmissible
Generally, statements obtained by police use of subterfuge or deceit are
admissible so long as the ruse was not of a type likely to make an innocent
person confess to something they didn’t do. An officer must be careful using this
technique as a jury may have cause to wonder as to the veracity of your
testimony
Mere advice or exhortation by the police that it would be better for the accused to
tell the truth when unaccompanied by either a threat of a promise does not
render a subsequent confession involuntary
An officer’s promise to inform the prosecutor about a suspect's cooperation does
not render a subsequent statement involuntary
The best approach, when in doubt, is to tell the suspect that you "can't make any
promises"
Conclusion
Officers must evaluate each contact with a suspect to determine if and when a Miranda
warning is necessary and then determine which method of questioning will be most
effective. A highly emotional suspect requires a different approach than an apathetic
one. A first offender reacts differently than a repeat offender. Experience can teach the
officer which questioning technique best fits each suspect. Success or failure of an
interrogation may hinge on patience and planning. The primary purpose of the interview
is to obtain facts. An adversarial relationship seldom produces positive results.
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Instruction Guide 13
LAWS OF ARREST
Definition of Arrest – PENAL CODE 834
1. An arrest is taking a person into custody
2. In a case and in a manner authorized by law
3. An arrest may be made by
a. a peace officer (836 PC), or
b. a private person (837 PC)
A Peace Officer May Make an Arrest – PENAL CODE 836
1. In obedience to a warrant
2. Without a warrant
a. Whenever he has reasonable cause to believe that the person to be
arrested has committed a public offense in his presence.
b. When a person arrested has committed a felony, although not in his
presence.
c. Whenever he has reasonable cause to believe that the person has
committed a felony, WHETHER OR NOT A FELONY HAS, IN FACT,
BEEN COMMITTED.
A Private Person May Arrest Another – PENAL CODE 837
1. For a public offense committed or attempted in his presence.
2. When a person has committed a felony, although not in his presence.
3. When a felony has, IN FACT, BEEN COMMITTED and he has reasonable cause
for believing the person arrested to have committed it.
Time of Arrest (840 PC) – Time of arrest: Felony; Misdemeanor
An arrest for the commission of a felony may be made on any day and at any time of
the day or night. An arrest for the commission of a misdemeanor or an infraction cannot
be made between the hours of 10:00 p.m. of any day and 6:00 a.m. of the succeeding
day, unless:
1. The arrest is made without a warrant pursuant to Section 836 or 837.
2. The arrest is made in a public place.
3. The arrest is made when the person is in custody pursuant to another lawful
arrest.
4. The arrest is made pursuant to a warrant which, for good cause shown, directs
that it may be served at any time of the day or night.
NOTE: Misdemeanor warrant arrests not in "public" (i.e., residence) may not
be legal if the hours of arrest are 10:00 p.m. to 6:00 a.m.
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Formalities When Making an Arrest ( 841 PC)
1. Officer or citizen must inform the person to be arrested of the intention of arrest.
2. Cause of arrest (violation, etc.).
3. Authority to arrest must be established (identification as a police officer).
Force to Effect an Arrest (843 PC)
When the arrest is being made by an officer under the authority of a warrant, after
information of the intention to make the arrest, if the person to be arrested either flees or
forcibly resists, the officer may use all necessary means to effect the arrest.
Breaking Doors and Windows – Forced entry for arrest (844 PC)
To make an arrest, a private person, in the case of a felony, and in all cases, police
officers, may break open the door or window of the house in which the person to be
arrested is or is reasonably believed to be, after having demand ed admittance and
explained the purpose for which admittance is desired.
Must have reasonable grounds to believe person is within the premises.
Possess an arrest warrant, or emergency existing circumstances are present or
authority to retake a parolee.
Officers may disregard 844 PC under certain limited circumstances. 844 PC can be
disregarded if there is reasonable belief that the suspect will:
1. destroy the evidence
2. frustrate the arrest
3. escape
4. or cause injury to the officers
Belief that one of the above ma y occur must be based on specific facts, not broad
unsupported presumptions.
Entry without compliance to 844 PC will result in any evidence being deemed
inadmissible.
In all cases, officers must take a record which will either reflect full compliance with 844
and 1531, or reasons why compliance was excused, citing the above reasons.
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Instruction Guide 14
USE OF FORCE (MANUAL 7.1.2)
The Long Beach Police Department recognizes that peace, security and detention
officers respond to dynamic and rapidly evolving enforcement situations that may
necessitate the use of reasonable force.
Legal Authority to Use Force
If feasible, a suspect will be warned prior to any use of force that is reasonably likely to
cause serious injury. Malicious assaults or batteries committed by officers constitute
unlawful conduct. The use of physical force shall be restricted to circumstances
specified by law when necessary to accomplish a police task successfully.
PC §831(f) – Detention officer authority – A custodial officer may use reasonable force
in establishing and maintaining custody of persons delivered to him or her by a law
enforcement officer.
PC §834(a) – Requires a person being arrested by a peace officer to refrain from using
force or any weapon to resist such arrest.
PC §835 – An arrest is made by an actual restraint of the person, or by submission to
the custody of an officer. The person arrested may be subjected to such restraint as is
reasonable for his arrest and detention.
PC §835a – Any peace officer who has reasonable cause to believe that the person to
be arrested has committed a public offense may use reasonable force to effect the
arrest, to prevent escape or to overcome resistance.
A peace officer who makes or attempts to make an arrest need not retreat or desist
from his efforts by reason of the resistance or threatened resistance of the person being
arrested; nor shall such officer be deemed an aggressor or lose his right to self -defense
by the use of reasonable force to effect the arrest or to prevent escape or to overcome
resistance.
PC 836.5(b) (a) – Security officer authority – No officer or employee shall be deemed an
aggressor or lose his or her right to self -defense by the use of reasonable force to effect
the arrest, prevent escape, or overcome resistance.
PC §841 – The person making the arrest must inform the person to be arrested of the
intention to arrest him, of the cause of the arrest, and the authority to make it, except
when the person making the arrest has reasonable cause to believe t hat the person to
be arrested is actually engaged in the commission of or an attempt to commit an
offense, or the person to be arrested is pursued immediately after its commission, or
after an escape.
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The person making the arrest must, on request of the person he is arresting, inform the
latter of the offense for which he is being arrested.
Force Defined
Force is any action to control a subject or to overcome resistance through the use of
physical strength, weaponless defense techniques, pain compliance techniques,
defensive weapons or a combination thereof. (See Training Bulletin #67, “Arrest and
Control Techniques.”)
Force Policy
Department personnel will attempt to achieve control through direction, forewarning, or
reasonable physical force. Officers are permitted to use only that force necessary,
based on reasonableness and the totality of circumstances to:
Effect a lawful investigative detention or arrest
Control a resistive, combative or threatening subject
Protect themselves, the subject or another person from injury, death or
destruction of property
Stop a subject who is attempting to flee or escape a lawful detention/arrest
The “reasonableness” of a particular use of force must be judged from the perspective
of a reasonable officer possessing the same information, and faced with the same
circumstances as the officer who actually used force.
Force Options
The Department utilizes a use of force paradigm, which allows officers to select the
level of reasonable force necessary to control the situa tion. Should an officer use a
force option outside of department training, the officer must fully articulate the necessity
of such force and why department trained force options were not utilized.
Reportable Use of Force
A reportable use of force occurs when any officer, in the course and scope of his or her
employment, whether on or off duty, uses any physical force upon a non -compliant
person, for purposes other than training. A reportable use of force includes, but is not
limited to the following:
1) Takedowns
2) Impact weapons
3) Chemical agents
4) Less lethal systems
5) K-9 bites
6) Carotid control hold
7) Deadly force
The following force options are non-reportable:
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1) Controlling force when there is no complaint of ongoing pain or injury after the
force has stopped;
a. Controlling force ranges from exerting a firm grip on a subject, to pain
compliance control holds, to an actual physical hold or lock;
2) Use of the hobble or expectorant shield, when the subject is compliant during
its application.
Employee Responsibilities
An employee will immediately notify a supervisor regarding a use of force incident,
unless exigent circumstances delay the notification. Employees are responsible for the
following:
1) All on-duty employees must complete a report detailing the use of force by
the end of the officer's shift, unless exigent circumstances prevent the officer
from filing his/her own report;
a. Any employee that uses force must personally document their actions
in a police report;
b. Any officer not directly involved, but a witness to a reportable use of force
will have their observations recorded in a police report;
2) If an employee is off-duty, out of jurisdiction, and involved in a reportable use
of force incident, the employee shall notify the Watch Commander as soon as
practicable, and file a memorandum to their Division Commander articulating
the circumstances surrounding the use of force incident no later than the end
of their next work shift; and
3) In all cases where the carotid control hold has been applied, it shall be the
responsibility of the employee using the control hold to ensure that a medical
evaluation is conducted as soon as practicable.
Supervisor Responsibilities
Sergeants may not investigate or approve their own use of force. After a use of force, a
supervisor will respond to the scene to evaluate the incident and is responsible for the
following:
1) Review the criminal charges against the subject;
2) Ensure that a detailed investigation is conducted surrounding the incident;
3) Ensure witnesses are identified and statements obtained;
4) Ensure all evidence pertaining to the criminal investigation and use of force
has been collected;
5) Ensure photographs are taken of all injuries or lack of injuries to the suspect
and employee;
6) Notify the Watch Commander of the use of force incident as soon as possible,
prior to the end of the work shift;
7) Notify the on-call Internal Affairs Sergeant on all reportable use of force
incidents involving potential misconduct or incidents resulting in the subjec t
being admitted to the hospital or transported for treatment to a hospital for the
following:
a. Injuries requiring sutures
b. Broken bones
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c. All head injuries
d. Any injury deemed as serious
8) Respond to the medical facility where the subject is transported;
9) Consider arranging for other officer(s) to transport and book the subject, if the
subject continues to display hostile or confrontational behavior toward the
arresting officer(s)
10) Direct who will file supplemental reports; \
11) Review the incident/arrest report and all supplemental reports to the use of
force incident; and
12) Complete the Supervisor’s Use of Force report via BlueTeam.
The Homicide supervisor will file a Supervisor’s Use of Force Report via BlueTeam on
all force, including but not limited to, firearms used during an officer involved shooting,
an in-custody death incident, or as determined by the Homicide supervisor. The
investigation conducted by Homicide will be used by the Officer Involved Shooting
Board to review the incident.
During an officer involved shooting or an in-custody death incident, if force other than a
firearm was used, the Homicide Supervisor will ensure a Supervisor’s Use of Force
Report is completed via BlueTeam; the supervisory investigation and narrative of the
form will contain generic information only about the incident.
The Booking Sergeant will:
Booking sergeants will assist field sergeants with their responsibility to investigate
reportable use of force incidents occurring in the Booking area. This includes the
Booking tunnel, the main Booking area including the holding cell, jail elevator, and the
hallway on the fourth floor leading to the Women’s jail from the elevator.
The Booking Sergeant is responsible for the following:
1) Ensure employee(s) involved in the use of force immediately notify their Field
Sergeant regarding the use of force;
2) Notify the Watch Commander regarding the use of force;
3) Assist the Field Sergeant in conducting the investigation, including assisting
with interviews of witnesses and involved officers;
4) Remain in the Booking area while assisting with the investigation;
5) Ensure any audio or video evidence captured by the security camera system
is reviewed and copied;
6) File a supplemental report documenting their actions and observations
regarding the use of force and make sure they are included in the DR for the
incident; and
7) Complete the Supervisor’s Use of Force Report via BlueTeam for any use of
force incidents involving police officers and detention supervisors occurring
inside the Jail after the prisoner has been released to jail detention officers.
In use of force incidents involving detention officers, detention supervisors will file the
Supervisor’s Use of Force Report.
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Watch Commander Responsibilities
Upon notification of a use of force occurring outside the Long Beach Police Department
jurisdiction, the Watch Commander will determine whether a supervisor will respond to
the scene. The Watch Commander will evaluate the need for further investigation and
take appropriate action on all use of force incidents.
When a Watch Commander is directly involved in a use of force incident, the Watch
Commander will direct another supervisor to respond and handle the investigation and
reports.
The Watch Commander is responsible for the following:
1) Review and approve the incident/arrest reports, along with all connecting
reports regarding the use of force incident;
2) Ensure the incident and level of force used is entered in the Watch
Commander’s Log;
3) Notify the on-call Internal Affairs Sergeant on all reportable use of force
incidents involving potential misconduct, or incidents resulting in the subject
being admitted to the hospital or transported for treatment to a hospital for the
following:
a. Injuries requiring sutures
b. Broken bones
c. All head injuries
d. Any injury deemed as serious
4) Review the Supervisor’s Use of Force Report via BlueTeam, provide
recommendations if any, and determine whether the use of force is in or out
of policy;
5) Forward the Supervisor’s Use of Force Report via BlueTeam to the invo lved
employee’s Lieutenant within a timely manner.
Involved Employee Lieutenant Responsibilities
Review the Supervisor’s Use of Force Report via BlueTeam, provide recommendations
if any, and determine whether the use of force is in or out of policy. For ward the
Supervisor’s use of Force Report via BlueTeam to the involved employee’s Commander
within a timely manner.
Division Commander Responsibilities
Review the Supervisor’s Use of Force Report via BlueTeam, provide recommendations
if any, and determine whether the use of force is in or out of policy. Forward the
Supervisor’s Use of Force Report via BlueTeam to the involved employee’s Bureau
Deputy Chief within a timely manner.
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Bureau Responsibilities
Review the Supervisor’s Use of Force Report via BlueTeam, provide final
recommendations if any, and make a final determination whether the use of force is in
or out of policy.
The Deputy Chief of the involved employee shall forward the Supervisor’s Use of Force
Report via BlueTeam to the Internal Affairs Division in a timely manner.
If the use of force was part of a tactical event or unusual occurrence, the Deputy Chief
will notify the Tactical Operation Committee (TOC) for review.
Internal Affairs Responsibilities
Internal Affairs will maintain all Supervisor’s Use of Force reports and ensure
compliance with any findings or recommendations.
Training Division Responsibility
When requested, evaluate the use of force to determine the need for future training
References
Department Manual:
Use of Sap, Kel-Light Type Flashlight, Baton, Mace-Use of Chemical, section
6.8.14 (1-4)
Deployment of Less Lethal Projectiles, section 7.5.10
Conducted electrical weapon, section 7.5.11
Chemical Agent Use, section, 6.8.14
Use of Firearms, section 8.1-2 through 8.1-21
Training Bulletins:
Police Service Dog #17
Arrest and Control Techniques # 67
Searching and Handcuffing # 170-173
Baton # 42-44
Use of Sap and Flashlight # 142
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Instruction Guide 15
IMPACT WEAPONS
6.8.14 IMPACT WEAPONS – BATON, POLICE UTILITY TYPE FLASHLIGHT & SAP;
TB 42
Authorization
The wooden baton, police utility flashlight, and sap are authorized for use as defensive
weapons:
Commencing with Recruit Class #47 (June 1978), each officer hired by this
Department will be trained in the use of the baton, sap, and police utility type
flashlight. No further certification is required
It is acknowledged that officers hired and trained prior to this date, including
those in Recruit Class #46, have received appropriate training in the use of the
police baton
The sap and police utility type flashlight are optional equipment, privately
purchased at the officer’s own expense
Definitions
Sap - The sap is described as a blackjack in Section 22210 of the Penal Code. Its use
is forbidden by anyone except peace officers, and then only if authorized by the officer’s
department or agency.
Police Utility Type Flashlight - The police utility type flashlight is manufactured as a
lifetime flashlight. Its construction permits its use as an optional defensive weapon.
Baton - In the protection of life and property and in the defense of the police officer’s
person, the baton has its specific place. Use of the police baton is proper in lawful
situations requiring a degree of force greater than that readily provided by wea ponless
control techniques, but less than that provided by resorting to the use of deadly force. It
is a felony for a citizen to possess a baton under Section 22210 PC.
Training
The baton, sap and the utility type flashlight are defensive weapons
The purpose is to strike a blow that will stop an immediate threat from your
opponent, or will cause the opponent to cease the attack or resistance
The baton and utility flashlight, in their capacity as impact weapons, may also be
used as a lever in controlling a suspect's movements
Examples of situations in which an impact weapon may be justified as an effective tool
or due to the totality of circumstances, the use of an impact weapon would be practical:
When an officer is confronted with a violently resisting suspect and the officer
has either attempted lower levels of force or control, and was unable to control or
stop the suspect, or the lower levels of force were not practical or effective
- 168 -
The suspect attacks the officer or someone else and tactically there is no other
way to practically prevent the suspect from injuring the officer or
someone else
The use of chemical or electronic devices is not feasible or practical to gain
control of the suspect
Deadly force is not called for at the time
The officer is out numbered
The suspect has displayed superior skill, ability and/or strength for the officer to
overcome with weaponless control techniques
When an officer is a member of a tactical squad in a crowd or riot control
formation, a baton may be used to move, separate, disperse or deny a person
access to a structure or through an area
When a suspect armed with a weapon attacks an officer, the officer may use an
impact weapon to disarm, distract, or disable the suspect, or to hold the suspect
at bay until additional assistance arrives
When the officer is confronted by several suspects who are threatening the
officer, the suspects are capable of carrying out the threats, and they make an
overt act to carry out the threats; the officer may use the impact weapon to fen d
off an attack or assault
When the officer is confronted by a suspect or suspects who he/she has
reasonable cause to believe committed a crime, and the suspect or suspects
refuse or fail to comply with the officer's direction prior to searching or
handcuffing, an impact weapon may be used to obtain compliance
When an officer has legal justification to detain a suspect and the suspect
refuses or fails to comply with the officer's direction prior to searching or
handcuffing, impact weapons may be used to obt ain compliance
The officer is responsible for articulating and documenting the use of an impact weapon
by the totality of circumstances.
Facts tending to justify the impact weapon's use are:
The physical stature of the suspect as compared to the officer
The need for immediate control of the suspect or situation due to a tactical
consideration; the officer's perception of the suspect's knowledge or apparent
knowledge of a martial art form; or, the suspect assumes an aggressive stance;
or the inability to control the suspect by lesser means
Remember that impact weapons may be used to gain control of a suspect. Once
resistance has ceased and the suspect is under control, the use of the impact weapon
should be immediately stopped.
Target areas:
Arms
Lower legs
Chest
Midsection
Ribcage
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There are several areas of the body that are recommended to AVOID striking with
impact weapons. When impact weapons are used against certain parts of the human
body, they can cause serious injury. It is up to the officer to use caution. Do not
intentionally use impact weapons to strike the following areas:
Head - Striking the head may not be effective. Instead of stopping the suspect it
may merely numb his senses and make him more difficult to control. The suspect
can easily defend his head area by ducking, using his arms, or he can use his
hands to grab the impact weapon. Also a scalp wound often bleeds profusely,
making the injury appear more serious
Neck - The neck is vulnerable because of the vertebra, spinal cord, veins,
arteries, and nerves that could be damaged
Throat - Perhaps the most vulnerable area of the neck is the throat. The
cartilages, trachea, or larynx could be fractured, crushed, ruptured or could
collapse. A baton or flashlight should not be used to apply p ressure to the neck
or throat as they have no sensitivity, and it is impossible to judge the amount of
pressure you are applying
Spine - A direct blow to the spine could cause damage to the vertebrae or spinal
cord
Kidneys - The lower rear torso area where the kidneys are located is not well
protected. A direct blow to the area could result in kidney damage or internal
bleeding
Heart - Direct blows to the heart could cause heart stoppage
Groin - A strike to the groin area could cause severe injury to the p rocess.
Striking the groin area also may not be effective
Knee Joints - Direct strikes to the knee joints may cause permanent damage
Other Uses
Impact weapons may be used for other purposes, including but not limited to, breaking
glass in an emergency.
Report Writing
After an officer has used an impact weapon (or any force) against a suspect, the
appropriate incident reports shall be filed. The report shall include a detailed account of
the circumstances leading up to and including the use of the impact weapon. It is the
officer’s responsibility to notify his/her Field Supervisor (Sergeant) and the Watch
Commander of his/her actions. An allegation of excessive force can be refuted by a
detailed report (refer to Manual Section, Use of Force).
6.8.14.1 BATON SPECIFICATIONS
The specifications for the standard issue wood baton are as follows:
The baton blank stock can be second year growth hickory or other similar
hardwood that is suitable for this use and will accept a dark stain or black paint
The length is 26 to 29 inches
The diameter is 1 1/4 inches
The weight is between 15 and 22 ounces
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A black rubber sleeve grommet, tapered, approximately 1 5/8 inches in
diameter, should fit snuggly around the baton
As an alternative to the above baton, officers at th eir own expense shall be allowed to
buy a baton manufactured from epoxy wood laminate such as one manufactured under
the trade name “Dymond Wood”.
The length is 26 to 29 inches
Diameter specifications will be 1 1/8 inches
The weight will not exceed 22 ounces
A black rubber sleeve grommet, tapered, approximately 1½ inches in
diameter, should fit snuggly around the baton
Riot Baton
Riot batons will be issued to every sworn officer on the department. Riot batons will only
be deployed for use during situations of civil unrest, violent crowd demonstrations, or
any other critical situation determined by the Chief of Police or his designee to require
riot batons. The only approved riot baton is the one issued by the Department and the
specifications are as follows:
The length is 42 inches
The baton blank stock will be second year growth hickory
The diameter is 1 1/8 inches
The weight will not exceed 32 ounces
6.8.14.2 USE OF CHEMICAL AGENTS
Mace/Oleoresin Capsicum (OC) may be used, when feasible, in lieu of other forceful
methods of subduing a subject (i.e., firearm, impact weapon, or other authorized police
restraint equipment) when a situation develops where it is probable that either an
arrestee or officer may be injured.
Officer/Authorized Employee Responsibilities
When an officer/authorized employee is involved in an incident where reportable force
using a chemical agent (Mace/OC) is used, he/she shall adhere to the following:
Immediately notify supervisor
Document use of force and justification for use in the Arrest and/or Incident
Report, and write “Use of Force” across the top of the report
Document which supervisor was notified in the Arrest and/or Incident Report
In all cases where a chemical agent is used, the subject shall be evaluated at
the contract hospital immediately. It shall be the responsibility of the
officer/employee who used the chemical agent to ensure the medical evaluation
is conducted
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Instruction Guide 16
DEPLOYMENT OF LESS LETHAL MUNITIONS
(MANUAL 7.5.10)
7.5.10.1 DEFINITIONS
Less lethal force is an application of force, which is less likely to cause death or serious
injury. Less lethal munitions may be used to compel an individual to comply with lawful
direction.
In this policy, less lethal munitions is used to describe any weapo n platform used to
launch 37mm/40mm less lethal projectiles and the projectiles used within the platform.
7.5.10.2 APPROVED MUNITIONS
Only department supplied less lethal munitions shall be carried and deployed. Less
lethal munitions include specifically marked 12-gauge shotguns and 37mm/40mm
launchers; both target specific and non -target specific munitions can be deployed in
these platforms.
Target specific munitions deploy a single munition and are intended to impact an
individual where the officer aims; target specific munitions may be deployed in
field situations and during crowd control situations
Non-target specific munitions deploy multiple projectiles, they may be aimed at a
specific individual, however more than one individual may be impacted; non -
target specific munitions are intended for crowd control situations
7.5.10.3 MEDICAL TREATMENT
Although classified as less lethal weapons, the potential to inflict serious or fatal injuries
exists. In all cases where a less lethal munition strikes a suspect, and the suspect is
taken into custody, officers shall transport the suspect to the hospital or if necessary the
suspect shall be transported to the closest emergency room by ambulance before being
booked.
7.5.10.4 CRITERIA FOR LAUNCHING LESS LETHAL MUNITIONS
The subject makes credible threats to harm officers, others, or himself/herself
The subject states or exhibits intent to violently resist being taken into custody
The subject's violent actions or potential for use of weapons dictate the need for
an immediate response and the use of less lethal munitions is appropriate;
especially when the only other viable option may be the use of deadly force
The subject engages in riotous, aggressive or combative behavior to include
throwing rocks, bottles, or other dangerous projectiles at citizens or officers
Approved training sessions
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7.5.10.5 DEPLOYMENT CONSIDERATIONS
Supervisors and officers deploying less lethal munitions shall ensure there is a minimum
of one additional officer in a position to provide lethal cover to the officer that is using
less lethal munitions, except in riot and crowd control formations.
In field situations, supervisors shall assume a supervisory role, while a trained officer
uses a less lethal munition. However, if circumstances necessitate, a field supervisor
may deploy and use less lethal munitions.
Before discharging munitions, an officer should consider the following factors:
Distance and angle to the target
Type and thickness of subject’s clothing
Subject’s size
Mental state and physical health of the subject, if known
Weather conditions
Physical environment between the shooter and the suspect such as, windows,
shrubbery or anything that may deflect a munition
Urgency to safely resolve the situation
This list is not all inclusive and other factors may be considered.
7.5.10.6 ARREST PLAN
When feasible, a plan to take an individual(s) into custody should be discussed prior to
the deployment of less lethal munitions.
7.5.10.7 DEPLOYMENT DISTANCES
Officers should keep in mind the manufacturer recommendations and their training
regarding deployment distances. However, officers are not restricted solely to use
according to manufacturer recommendations, each situation must be evaluated on the
totality of circumstances at the time of deployment.
7.5.10.8 TARGET AREAS
The user should avoid striking a subject in the head, neck, chest, groin, spine and lower
back. The only exception is when the user is faced with a threat warranting the use of
deadly force.
It is recommended that target specific munitions be aimed at selected target areas to
reduce serious or fatal injury. The extremities should be the primary target area when
deploying target specific munitions at close distance.
Primary target areas for target specific munitions:
Arms below the elbow
Stomach
Legs
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Secondary target areas for target specific munitions:
Knees
Upper arms
Target area for non-target specific munitions:
Legs
7.5.10.9 AUTHORIZATION FOR DEPLOYMENT
Authorization to deploy less lethal munitions in field situations shall be approved by a
supervisor.
Authorization to deploy less lethal munitions in a crowd control situation shall be
approved by the incident commander or the mobile field force commanding officer. In
extreme circumstances, the platoon sergeant or squad sergeant may authorize the use
of less lethal munitions in a crowd control situation.
7.5.10.10 WARNINGS
A verbal warning of the intended use of less lethal munitions shall precede its
application, unless it would otherwise endanger the safety of officers, or when it is not
feasible due to the circumstances. The purpose of the warning is to give individuals a
reasonable opportunity to comply with the officer’s direction.
7.5.10.11 STORAGE AND LOADING
All less lethal launchers shall be stored unloaded. The officer assigned to use the less
lethal launcher shall inspect the cartridge to ensure that only less lethal munitions are
loaded and are in good condition. When feasible, the munitions should be verified by
another officer prior to deployment.
7.5.10.12 TRAINING REQUIRED FOR USE
Less lethal munitions are approved for use by personnel who have successfully
completed a department approved training course. All authorized users of less lethal
munitions will qualify annually and receive annual refresher training provided by the
Training Division.
7.5.10.13 SPECIAL WEAPONS AND TACTICS TEAM (SWAT)
All less lethal munitions described in this policy are authorized for use by SWAT. The
SWAT commander, lieutenant, tactical sergeant, or team leader may authorize their
deployment.
In addition to the previously outlined deployment criteria, SWAT may utilize less lethal
munitions in situations where the authorizing person deemed their use necessary to
safely resolve a SWAT incident.
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Hand-deployed, multi-rubber ball grenades (non-target specific) may be deployed by
SWAT personnel during crowd control situations and tactical incidents when approved
by the SWAT commander, lieutenant, tactical sergeant or team leader.
7.5.10.14 RESPONSIBILITIES
Supervisor
It shall be the responsibility of the supervisor or incident commander authorizing the
deployment of the less lethal munitions to ensure that when less lethal munitions strike
a suspect, and the suspect is taken into custody, the suspect is transported to the
hospital prior to booking.
The incident commander or supervisor authorizing the use of the less lethal munition(s)
will ensure a follow-up investigation is conducted. All less lethal deployments will be
documented in the Supervisor’s Use of Force Report, PD 1040.007.
If a subject sustains a fatal or life -threatening injury due to the use of less lethal
munitions, the Homicide Detail shall be notified.
In all cases involving the use of less lethal munitions, the Watch Commander shall be
notified. The incident must be documented in the electronic Watch Commander's Log.
Officer
All incidents of less lethal deployment require documentation relative to all events
surrounding the incident. Officers will follow all use of force reporting guidelines found in
the Long Beach Police Department Manual Section 7.1.2 – Use of Force.
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Instruction Guide 17
CONDUCTED ELECTRICAL WEAPON (MANUAL 7.5.11)
The Conducted Electrical Weapon (CEW) is a hand held, battery-powered weapon. It is
designed to override the sensory and motor nervous functions of the central nervous
system, and temporarily incapacitate violent or potentially violent subjects via
uncontrollable contractions of the muscle tissue. The CEW is a force option and is
governed by the Use of Force policy outlined in Long Beach Police Department Manual
Section 7.1.2.
Officers may use the CEW as a viable option when command presence alone is
ineffective and the use of the CEW is reasonable and necessary to accomplish a lawful
objective. It shall be the individual responsibility of the officer to use the CEW only when
reasonable and justified under the circumstances. The CEW may also be used during
Department approved training sessions.
The use of the CEW shall be restricted to authorized personnel who hav e completed a
Department approved training course. Officers shall qualify annually with the CEW.
Although classified as a less lethal weapon, the potential exists to inflict serious injuries.
The user should avoid targeting a subject in the head, neck and upper torso/chest area.
If feasible, a suspect will be warned prior to any use of force that is reasonably likely to
cause serious injury.
In all cases when the CEW cartridge probes are used, striking the subject or his/her
clothing, and a subject is taken into custody, medical personnel shall evaluate the
subject before being transported for booking. The subject shall be taken to the contract
hospital or, in an emergency, to the nearest hospital emergency room for evaluation and
booking approval. When the drive stun feature of the CEW is used and the subject is
taken into custody, the subject shall be evaluated by medical personnel prior to booking.
With the drive stun feature, Jail Division medical personnel (i.e. jail nurse) can assess
the need for further medical treatment or authorize booking. If Jail Division medical
personnel are not available, the subject shall be transported to the contract hospital for
medical clearance prior to booking.
Whenever an arrestee sustains a fatal or life -threatening injury and/or experiences fatal
or life-threatening medical complications, the Homicide Detail shall be notified. The
Homicide Detail will assign a team of detectives to respond and assume control of the
investigation.
Deployment Criteria
The CEW device may be used in any of the following circumstances:
A. When the circumstances perceived by the officer at the time indicate that the
application is reasonably necessary to control a person that:
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1. Has demonstrated, by words or action, an intention to be
violent, and reasonably appears to present the potential to
harm the officer, him/herself or others, or;
2. Any subject that is fleeing a lawful detention or arrest, for a
crime that is serious in nature, where there is a significant
governmental interest to apprehend.
B. To subdue an aggressive or attacking animal
C. Approved training sessions
CEW Deployment Guidelines
Factors to consider for obtaining accuracy and effectiveness with the CEW
Accuracy: Officers must hit the suspect with both probes in order for the w eapon
to function properly
Distance: The CEW can be fired from distances of 0 to 25 feet. The
recommended firing distances for optimum probe spread and accuracy are 7 to
15 feet
Targeting: In addition to the abdominal area of the front torso, officers shou ld
consider targeting other areas of the body containing large muscle groups such
as the back and/or legs
Clothing: Clothing over two inches thick and/or the presence of hard objects in
pockets or on the subject’s person, if struck, will inhibit the effect iveness of the
weapon
Drive Stun: The drive stun feature of the CEW is primarily a pain compliance tool
and is minimally effective when compared to conventional cartridge discharge. It
is designed as an emergency back-up feature and/or as a reasonable force
option in close quarter altercations
Safety facts to consider when deploying the CEW
Targeting: Officers should avoid targeting the subject’s head, neck, and the
upper torso/chest area when firing the probes and/or using the drive stun feature
of the weapon
Pregnant women: Officers shall not use the CEW against a pregnant woman
unless reasonable alternatives would pose a greater safety risk to the suspect
and/or cause serious injury to the officers. If the CEW is determined to be the
only reasonable alternative the back and/or lower extremities should be targeted
when possible
Falls: The CEW shall not be used when the subject is in a position where a fall
may cause substantial injury or death unless reasonable alternatives would pose
a greater safety risk to the suspect and/or cause serious injury to officers
Flammables: The CEW can ignite flammable and/or combustible products and
their accompanying fumes. Therefore, it should not be deployed in environments
where these are present. This also includes a subject who has been exposed to
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Cap Stun Pepper Spray and/or Mace, as these products are discharged with an
alcohol-based propellant
Armed individuals: Absent compelling reasons to do so, officers shall not use the
CEW against subjects who are holding a firearm. The uncontrollable muscle
contractions caused by the CEW could potentially cause the suspect to depress
the trigger
Vehicle Operators: The CEW should not be used on subjects who are operating
vehicles in motion, including automobiles, trucks, motorcycles, ATV’s, bicycles
and scooters absent exigent circumstances
Administrative Controls
Mandatory deployment: All uniformed personnel issued an CEW shall carry it
while working field assignments. The only exceptions are when the issued CEW
is unavailable due to maintenance and/or repair. Only the Department issued
CEW shall be carried
Holstering: On-duty uniformed personnel shall carry the CEW, fully armed, on
the support side of the body in a Department approved holster with the safety
on. The holster shall be attached to the officer’s duty belt. Officers should carry
at least one additional cartridge in case additional applications are necessary
Non-uniformed personnel: Those authorized to use the CEW who are not
assigned to uniformed patrol may use othe r Department approved holsters and
carry and deploy the weapon consistent with Department training and Bureau
guidelines
Multiple applications: Officers shall energize the subject the least number of
times and no longer than necessary to accomplish the lawful objective. When
compliance and/or effective incapacitation is not gained by the use of the CEW,
officers shall give special consideration to securing the subject via other
reasonable force options as soon as practical
Handcuffed prisoners: The CEW shall not be used against handcuffed prisoners,
absent overtly assaultive behavior that cannot be controlled by lesser force
options, without the prior approval of an on -scene supervisor or in exigent
circumstances where reasonable alternatives would pose a gr eater safety risk to
the subject and/or cause serious injuries to officers
Pre-teen children: The CEW shall not be used against pre -teen children unless
reasonable alternatives would pose a greater safety risk to the child and/or
cause serious injuries to officers
Elderly/Physically disabled: The CEW shall not be used against known elderly
subjects or visibly disabled subjects unless reasonable alternatives would pose
a greater safety risk to the subject and/or cause serious injuries to officers
Officer Responsibilities
Request a Lab Unit, or qualified officer, to photograph the scene and all injuries. Locate
any evidence, including: the CEW cartridge(s), probes and wires, any recoverable
AFID(s), and place them into evidence. The probes shall be treated i n accordance with
Department biohazard evidence packaging procedures
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The following information shall be documented in the officer’s report:
The subject’s actions and/or behavior prior to deployment of the CEW
The use of force attempted and the results, if any, prior to the deployment of the
CEW
The names of the supervisor and Watch Commander who were notified
The names of medical personnel and location treated
The names of any citizens and/or officers who were injured prior to, or during,
deployment
The names of any witnesses to the incident and their statement
Supervisor Responsibilities
Ensure a medical evaluation is conducted
Ensure a follow-up investigation and documentation of all events surrounding
the use of the CEW is completed
Complete the “Supervisor’s Use of Force Report”
Before the end of shift, forward copies of all pertinent reports to the Chief of
Police, Deputy Chief of the Support Bureau, the involved-employee’s Bureau
Chief and Division Commander
Notify the Watch Commander
Document the incident in the electronic Watch Commander’s Log
Annual Maintenance
Every CEW issued will be serviced once per year
This maintenance will be performed during annual re -certification
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Instruction Guide 18
EMERGENCY VEHICLE OPERATION
EMERGENCY VEHICLES - POLICE VEHICLES AS (MANUAL 7.1.7.2)
The legal authority for using a police vehicle as an emergency vehicle, and the
responsibilities attached are covered in Vehicle Code Sections 165, 17004, 17004.7,
21055, 21056, 21806 and 21807.
Response to calls for service, of an emergency nature, shall be "Code Three." "Code
Three" - Indicates that a call is of an emergency nature involving the possibility of loss of
life, serious injury, or major property damage.
A "Code Three" response requires a unit to sound a siren as may be reasonably
necessary and display a lighted red lamp visible from the front as a warning device, per
Vehicle Code 21055(b).
CVC 21055 – Exemption of Authorized Emergency Vehicles
The driver of an authorized emergency vehicle is exempt:
(a) If the vehicle is being driven in response to an emergency call or while engaged in
rescue operations or is being used in the immediate pursuit of an actual or suspected
violator of the law or is responding to, but not returning from, a fire alarm, e xcept that
fire department vehicles are exempt whether directly responding to an emergency call
or operated from one place to another as rendered desirable or necessary by reason of
an emergency call and operated to the scene of the emergency or operated f rom one
fire station to another or to some other location by reason of the emergency call.
(b) If the driver of the vehicle sounds a siren as may be reasonably necessary and the
vehicle displays a lighted red lamp visible from the front as a warning to o ther drivers
and pedestrians.
A siren shall not be sounded by an authorized emergency vehicle except when required
under this section.
CVC 21056 – Effect of Exemption
Section 21055 does not relieve the driver of a vehicle from the duty to drive with d ue
regard for the safety of all persons using the highway, nor protect him from the
consequences of an arbitrary exercise of the privileges granted in that section.
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Instruction Guide 19
HIGH-RISK VEHICLE STOPS
Introduction
The purpose of this Training Bulletin is to describe the method and tactics that should
be utilized by officers when conducting high-risk vehicle stops. High-risk vehicle stops
are made when officers believe that any occupants of a vehicle are a serious threat,
armed, or have committed a felony. This is intended as a guideline. Officers should be
flexible and adapt their tactics for the specific operational objective.
Pre-stop Considerations
Radio Transmission:
Direction of travel/location
Nature of the stop
Suspect vehicle license plate and description
The intended stop location and direction of travel, safe routes to approach
Number of occupants and descriptions, if possible
Knowledge of suspect weapons
Officer's intentions or special instructions to assisting units; i.e., block side traffic,
etc.
Requests: Sergeant, K-9, Fox, Code Red, etc.
Suspect Actions:
Abrupt stops
Attempts to flee
Stopping at locations of tactical advantage
Ambush
Tactical Advantage:
Additional units (increased firepower)
Containment
Tactical resources (i.e. less-lethal, K-9, AR-15, Ballistic Blanket, Helicopter)
Stop Location:
Possible escape routes
Cover
Hostile locations
Citizens
Shooting background (i.e. industrial area vs. residential)
Traffic conditions
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Vehicle Stop
Unit Readiness:
Unlock doors and lower windows to:
o Improve communication
o Assisting officer access to vehicle
• Unlock shotgun
• Position spotlights
Unit Positioning
Primary unit
o Two and one-half car lengths or approximately 45 feet, directly behind the
suspect vehicle
Allow enough distance for adequate reaction time and communication
Secondary unit (Arrest Vehicle)
o Directly left of the primary unit and slightly angled away from the
suspect vehicle
o Leave enough room between both units to open the doors
Third unit
o Directly right of the primary unit, pointed at the suspect vehicle
Additional unit positioning:
To the rear of the vehicle stop to:
o Allow officers to move up and support the vehicle stop
o Block traffic
On parallel streets in case the suspect(s) runs
Lighting:
Officers should utilize lighting to maximize their tactical advantage, while
being cautious of the following:
o Back-lighting
o Blinding assisting units with the overhead strobe lights
o Masking suspect movements with strobe lights
Officer Deployment
Incident Command:
The primary unit is in charge of the stop
The primary unit should ensure the following:
o Adequate back-up has arrived on scene
o Back-up officers are properly deployed before exit commands are
given
o Minimum arrest team of two officers has been deployed
o Necessary resources are deployed (i.e. AR-15, shotgun, less-lethal, K-
9, ballistic blanket, helicopter)
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Officer Positions:
Officers should maintain cover positions behind the doors of their vehicles
If the passenger side of units 1 and/or 3 are vacant, assisting office rs should fill
these positions and cover the suspect vehicle
Arrest team should deploy to the driver’s side of the arrest vehicle (vehicle 2)
Arrest Team Responsibilities:
The arrest team should consist of a minimum of two to three officers
One officer will cover the suspect(s) during the arrest procedure
One officer will handcuff the suspect(s)
A third officer will cover the suspect vehicle during arrest procedures
Additional officers will form at the rear of the arrest vehicle and consider the
following:
o Be available to take control of individual suspect(s) after being handcuffed
o Perform thorough searches of suspect(s) after being handcuffed
o Securing suspect(s) in supporting units behind the stop
o Be available with EAT resources such as ballistic blanket, less lethal, K-9,
etc.
Additional Officer Responsibilities:
Once the positions depicted in Diagram 3 are filled, additional assisting officers
should consider the following:
o Supporting the primary unit with necessary resources
o Perimeter
o Blocking traffic
o Crowd control
Suspect Commands/Control
General Communication Considerations:
Language barriers
Public Address (P.A.) system versus un-amplified voice commands
Closed or open windows on suspect vehicle
Background noise (i.e. traffic, weather conditions, helicopter, etc.)
Microphone feedback
Suspect Command Considerations:
Primary officer should give all commands until arrest team takes control of
suspect(s)
Give clear and simple commands
Specifically address individual suspects by position in vehicle and/or clothing
Give specific action commands such as:
o Suspect(s) place your hands on your head
o Driver turn off the vehicle
o Driver place the keys on the roof of the vehicle
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Suspect Removal Considerations:
Determine which side of vehicle suspect(s) will exit
Order suspect(s) to exit from same side of the vehicle
Order suspect(s) to exit one at a time
Secure each suspect(s) in a police vehicle(s) before giving the next suspect exit
commands
Suspect Arrest Considerations:
After exiting, order the suspect to face you and raise his/her hands in the air
Direct the suspect to walk toward the arrest vehicle (Vehicle 2)
Once in front of the arrest vehicle, the arrest team should:
o Assume verbal commands
o Order the suspect onto their hands and knees
o Crawl the suspect(s) to the driver’s side of the arrest vehicle
o Order them to a prone position, behind the engine block, well short of the
drivers side door
o Handcuff and conduct a cursory search for weapons
Securing the Suspect(s):
Once handcuffed:
o Walk suspect(s) to rear of arrest vehicle
o Ensure a thorough search of the suspect(s) is conducted
o Secure suspect(s) into the rear of assisting units
Suspect Vehicle Clearance
Tactical Considerations:
Interview in-custody suspect(s) regarding suspect(s) still hiding in suspect vehicle
Consider a “bluff” call out of any additional suspect(s)
Consider the following:
o Forming a clearing team
o Using the police vehicle and ballistic blanket as cover for the clearing team
o Ballistic blanket
o K-9 to clear suspect vehicle before clearing team m oves up
o Pie the suspect vehicle from behind cover (i.e. police vehicle, ballistic
blanket)
Once vehicle is cleared, clear the trunk utilizing cover
Finding Additional Suspect(s) Considerations:
If the searching team finds an additional suspect(s) they sho uld consider the
following:
o If possible return to their original stop positions
o Consider the outstanding suspect(s) as barricaded
o Utilize K-9, negotiations, SWAT
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High-Risk Van Stops
Tactical Considerations:
The solid doors may offer better cover to the suspects
The solid doors may deny officers a view of the interior
A van may also contain more suspects than a normal vehicle
Unit Positioning for Van Stops:
Basic vehicle deployment should still be used
Distance Considerations:
A slightly greater distance between the suspect van and police units
(approximately three car lengths), allowing for greater reaction time if the back
doors of a panel van are quickly opened in an ambush-type attack
Suspect Commands/Control for Van Stops
Direct the driver to:
Exit the van with the keys in his/her possession
Direct the driver to keep his/her hands visible and walk to the rear of the van and
open the back doors exposing the interior to officers
After the rear door are open:
Direct driver as previously described
Direct any additional passengers out of the van in the normal manner
High-Risk Vehicle Stop Contingency Considerations
Officers should constantly evaluate circumstances and be ready to adapt their tactics to
respond to:
Officer-involved shooting, suspect(s) down
Reassure the remaining suspects that if they follow your instructions, they will
not be harmed
Continue the stop, adapting your tactics to cover the downed suspect(s) and
consider using a secondary operational area for any other suspects
Space limitations, such as in a small alley
Leave enough room for the clearing officers to approach and return from the
suspect vehicle
Extreme heat, asphalt too hot to reasonably expect suspects to lie down upon,
or flooded due to rain
Direct suspects to kneel facing away from you for handcuffing as opposed to
prone
Children/Elderly in the vehicle who can walk and appear not to be a threat
Direct them to an officer on the outer edge of the stop, keeping them out of the
field of fire
A center console or other objects that a subject cannot climb over
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Have the subject exit from the right side
Field Supervisor Responsibilities
Respond to the high-risk vehicle stop location, supervise the stop and take
command, if needed
Supervisors should not assume assisting officer responsibilities
Communicate with the primary officer. Assist in coordinating movements and
assigning responsibilities. Anticipate the needs of the primary officer and other
officers directly involved
If the affected area is a crime scene, secure as needed a nd maintain integrity
Beware of public perceptions and misperceptions regarding your actions. Use
the incident as a positive public relations tool by explaining what occurred to
witnesses and onlookers
debrief – prepare for the next similar incident. Objectively review the incident
with participants and offer constructive criticism in an attempt to improve
performance, teamwork, and officer safety
Conclusion
High-risk vehicle stops require coordination, cooperation, flexibility, and practice. Field
officers and supervisors should review these techniques and regularly practice them
together. This will allow maximum effectiveness and minimize risks in actual high-risk
stops in the future.
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Instruction Guide 20
TRAFFIC ACCIDENT REPORTING GUIDELINES
The City of Long Beach participates in a Statewide Integrated Traffic Records System
where all traffic accident reports are sent to the state for entry into the system. All
accident reports are studied at the state level as well as by insurance companies,
courts, prosecuting agencies, etc.
A Traffic Accident Report Shall be Taken as Follows (on highway or private
property)
Fatal collisions
Injury collisions
Collisions involving pedestrians
Collisions involving bicyclists
Felony Hit and Run (20001 C.V.C.)
Misdemeanor Hit and Run (20002 C.V.C.)
Collisions where evidence tends to indicate potential liability by any public
agency
Collisions where at least one vehicle must be towed from the scene
Collisions involving drunk drivers
Collisions where one driver requests that a report be taken
Collisions reports shall be taken, even if no report is desired, when any driver
does not have a valid driver’s license or proof of insurance.
NOTE: If a unit is dispatched to an accident, a report will be taken unless no report is
desired. If no report is desired, officers will assist in the exchange of information
between the involved parties, including verification and/or status of drivers’ license and
insurance.
Non-Injury Short Form Accident Reports
The short form is used for collisions with no more than two vehicles. In the event of a
collision with three or more vehicles, the report must be filed on the Investigative
Accident Form – PD Form 4210.001 (long form) and title the report "non -injury."
Long Beach Training Bulletin #122 lists the following guidelines to determine when to
file a short form non-injury report:
Property damage only, or complaint of pain when the subject does not go directly
to a medical facility
Misdemeanor Hit and Run with or without suspect information
Misdemeanor Drunk Driving
Private Property collision
School Bus without students
If no more than two parties are involved
If there is no city property damage
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Investigative Accident Report – PD Form 4210.01 (Long Form)
The Investigative Accident Report, PD Form 4210.01 (Long Form) should be taken
under the following circumstances:
Fatality
Injury accidents (complaint of pain and up) when taken from the scene directly to
a medical facility
All pedestrian involved accidents
Felony Hit and run (20001 CVC)
Accidents where evidence tends to indicate potential liability to any public agency
Injury accidents that occur on private property
School bus accidents that occur while transporting students will be taken by the
California Highway Patrol.
CHP officers will take a report when:
A bus is transporting at least one student on public or private property
Vehicle vs. student who has just exited a school bus
Vehicle vs. school bus driver escorting students across the street
If a unit is dispatched to a collision either on a roadway or on private property and a
report is not taken, the officer should assist in the exchange of information between the
parties involved.
Late reported collisions will be taken in the following circumstances:
If this is the first contact with police, a report will be filed
Section 20008 CVC requires that drivers involved in injury collisions file a report
with the police within 24 hours. If a non-injury report has been filed, no late
reported injuries will be added to the original report
If there has been prior contact with the police, either through communications or
an officer at the scene, and no report was taken because of lack of injuries and
an exchange of information was made or advised to be made, then no report will
be made at a later time
Non-injury collision do not require a report to be taken, unless the accident is Hit
and Run, a report is requested by one of the parties, or one of the parties is
unlicensed.
City Property Damage Accidents
If the collision is classified as a CPD (City Property Damage) where any potential
liability involves any governmental agency, special rules apply:
If any governmental vehicle is being driven (i.e.- not parked and/or unoccupied) do not
list a PCF (primary collision factor), do not draw a conclusion, do not offer an opinion,
and do not issue a citation for the PCF. Officers may however write a citation for a
violation other than the PCF (i.e. issue a citation for 14601VC and impound the vehicle)
if they choose to do so.
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If the CPD involves a governmental vehicle that was not being driven at the time of the
accident (i.e. parked), officers may list the PCF, draw a conclusion, offer an opinion, and
cite for any applicable violations.
Issuing a Citation at the Scene
A citation should be issued at the scene of every accident, whether injury or non -injury,
if the statements of independent witnesses and/or the facts are such to warrant it.
Traffic citations should not be issued at the scene of an accident when:
The violator is booked. Traffic violations should be included in the booking. The
exception to this is when a juvenile is booked for traffic offenses. Juveniles will be
issued a traffic citation, unless he/she has been booked for 23152 CVC.
A vehicle belonging to a public agency is involved in an accident. None of the
parties involved in the accident will receive a citation.
The violator is taken to a hospital and is unable to comprehend the charges or is
unable to sign the citation. In this situation, the unsigned citation should be
attached to the Accident report and forward to the Accident Investigation Detail
(AID) who will file a complaint and warrant.
NOTE: Under no circumstances will a physical arrest be made of a driver who refuses
to sign a citation, which is based solely upon evidence found at the scene and not
actually witnessed by the officer. In such cases, attach the unsigned citation to the
report when filed and AID will file a complaint and warrant.
Hit and Run Accident Investigations
If an officer locates a vehicle and driver of a misdemeanor Hit and Run, and the driver
admits to being involved in the accident, the driver should be cited for 20002 CVC. The
officer should not impound the driver's vehicle if he was able to issue a citation to the
driver. The officer shall file a follow up to the original report with the suspect’s identifying
information and statement regarding the traffic collision, and insurance information.
If an officer locates a suspect vehicle involved in a 20001 CVC or 20002 CVC, the
vehicle should be towed and held on impound for further investigation (unless the driver
of a 20002 CVC was issued a citation). Do not merely store the vehicle because this
allows the owner to retrieve the vehicle without being investigated by AID.
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Instruction Guide 21
4TH AMENDMENT AND SEARCH AND SEIZURE
The Fourth Amendment of the United States Constitution protects people from
unreasonable searches and seizures. It states, “The right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized.”
Types of Warrants
Search Warrant – Allows the police to search a persons, homes, cars, places of
business, or any other specified area suspected of containing evidence of illegal
activity. Once items identified in the search warrant are located, law enforcement
officers are authorized to seize the items as evidence.
o Unless a search is (1) authorized by consent, (2) incident to a lawful
arrest, or (3) under some other exception, it must be executed pursuant to
a valid search warrant.
o The right of citizens to be free f rom unnecessary searches and seizures is
guaranteed by the 4th Amendment. Therefore, if police officers desire to
search a given location they must establish probable cause to support the
search. Probable cause is information sufficient to warrant a reason able
person’s belief that the wanted person has committed a crime (for an
arrest warrant) or that evidence of a crime or contraband would be found
in a search (for a search warrant). A search warrant must be signed by a
judge and must be served within 10 days.
Arrest Warrants – An arrest warrant is a written order signed by a judge directing
a police officer to arrest a defendant. Arrest warrants frequently emanate from a
prosecutor’s complaint that a defendant has committed a triable offense (i.e.
infraction, misdemeanor, felony). However, warrants can also be issued if a
defendant fails to fulfill a court order (i.e. probation, parole violation, failure to pay
traffic fines, failure to show up to trial, etc.).
Ramey Warrant – Police officers can obtain a “Ramey” arrest warrant if probable
cause exists to support a reasonable person's belief that the wanted person has
committed a crime. Ramey warrants are most commonly obtained during active
situations, such as barricaded suspects.
Stale Misdemeanor
The “stale misdemeanor rule” limits a police officer’s ability to make a misdemeanor
arrest if the officer, knowing that the crime occurred, failed to make an immediate arrest.
The concept is to prevent police officers from holding an arrest against a defendant for
later use (i.e. waiting for future bad behavior to enforce prior crimes). However, if
officers are continuously looking for a misdemeanor suspect (i.e. suspect runs or is at
another location, etc.) and they do not handle any other calls or bu siness, they may
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make an arrest once the suspect is found. The state misdemeanor rule also prevents
citizens from making late private persons arrests for past reported and unreported
crimes.
Searches
Any non-consensual search is going to require proba ble cause, and even a limited
search for weapons, a pat down, is not legal unless you have specific facts or
information making it reasonable for you to suspect that a person is armed or
dangerous. If you have probable cause to arrest someone, then you have the probable
cause to search. But what about those situations where there is no probable cause for
arrest? Having reasonable suspicion does not automatically carry with it the necessary
probable cause to conduct a pat down search.
Warrantless Search – Police may conduct searches, without a warrant, in the following
situations:
Exigent circumstances – those circumstances that would cause a reasonable
person to believe that entry was necessary to prevent (1) physical harm to the
officers or other persons, (2) the destruction of relevant evidence, (3) the escape
of the suspect, or (4) some other consequence
Consent – When a person freely and voluntarily consents to a search, there is no
need for a warrant. This consent is typically revocable at anytime durin g the
search
Search incident to lawful arrest – Immediately following an arrest and officer is
allowed to search the arrested person and the area, within his immediate control
in order to seize any weapons or evidence
Inspections – Permissible searches include airport security, boarder searches,
health inspections, and DUI sobriety checkpoints
Plain view – Law enforcement officers are permitted to seize any items that are in
plain view where there is probable cause to believe that the item is evidence
No reasonable expectation of privacy – If you do not have a reasonable
expectation of privacy in the place searched or items seized, there is no Fourth
Amendment protection. (i.e. public places, outside garbage receptacle)
Probable Cause Pat Down Search Guidelines
These guidelines are not intended to preempt an officer's judgment relating to personal
safety. Because it is impossible to address every possible aspect involving safety
issues, there will likely be situations in which an officer, based on the total ity of
circumstances, coupled with his training and experience, will conduct a pat search even
though legal grounds may be questionable. When this happens, officers should not
hesitate to do what they reasonably believe is necessary for their safety. The c ourts will
review the officer's decision and based upon the totality of the circumstances, render
their decision.
The courts recognize the fact that police work is dangerous and that police need to be
able to operate in a way to ensure their safety. For these reasons, certain rules have
been devised governing pat searches.
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There are four situations in which officers may pat search a person:
Officers are transporting a citizen in a police car
Officers are executing a warrant to search a residence for drugs
Officers reasonably believe the person who is pat searched is armed or
dangerous
Officers have consent from the person to be pat searched
The Exclusionary Rule
The exclusionary rule prevents the government from using most evidence gathered in
violation of the United States Constitution. The exclusionary rule applies to evidence
gained from an unreasonable search or seizure in violation of the Fourth Amendment, to
improperly elicited self-incriminatory statements gathered in violation of the Fifth
Amendment, and to evidence gained in situations where the government violated
defendants’ Sixth Amendment right to counsel.
If evidence that falls within the scope of the exclusionary rule led law enforceme nt to
other evidence, which they would not otherwise have located, then the exclusionary rule
applies to the related evidence found subsequent to the excluded evidence, subject to a
few exceptions. Such subsequent evidence is called “fruit of the poisonous tree.”
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Instruction Guide 22
PURSUIT POLICY
7.1.7 VEHICLE PURSUITS
Definitions
Pursuit – An event involving one or more law enforcement officers attempting to
apprehend a suspected or actual violator of the law in a motor vehicle while the driver is
using evasive tactics, including, but not limited to, high speed driving, driving off a
highway, turning suddenly, or driving in a legal manner but failing to yield to the officer’s
signal to stop.
Actively involved units – The primary unit, the secondary unit, and any other unit
pursuing the suspect vehicle.
Other Involved units, including, but not limited to:
1) Units requested by supervisor for traffic control
2) Units needed to set perimeter
3) Units needed for rescue or arrest teams
4) Units for evidence collection and transportation
5) Air support
Supervisor – A sworn employee with the rank of Sergeant or higher.
Surveillance mode – Observation of the suspect vehicle, by the Air Support Unit
(ASU), after a pursuit has been terminated by ground units.
Pursuit rated vehicle – Pursuant to California Vehicle Code (CVC) § 21806, vehicles
with the following:
1. Alternating headlights that flash on and off;
2. A forward facing, fixed red light; and
3. A siren sounding.
Initiating Pursuits
The duty of a suspect to yield to the lawful authority of an officer is defined in CVC §
21806 and requires the police unit's red light and siren to be activated at all times.
Officers are authorized to initiate a pursuit in the following circumstances:
1) The officer has reasonable cause to believe that the suspect he or she is
attempting to arrest has committed, is about to commit, or is threatening to
commit a felony crime.
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2) The officer, prior to initiating the pursuit, has reasonable cause to believe that
the driving ability of the suspect is so impaired that the suspect may cause death
or serious injury to another person.
An officer initiating a pursuit should, as soon as reasonably possible, notify the Disaster
Preparedness and Emergency Communications Department (Communications Center)
of the following:
1) Location;
2) Direction of travel;
3) Speed;
4) Reason for initiating the pursuit;
5) Vehicle description and license plate, if available;
6) Number of additional units reasonably needed to join the pursuit to safely
effect the arrest;
7) Other facts relating to the suspect(s) that may present an increased danger;
When approval for continuation cannot be obtained by a supervisor, officers shall cancel
the pursuit.
Officer Responsibilities
A vehicle pursuit shall be conducted with red light and siren for exemption from
compliance with the rules of the road, as required by CVC § 21055. Officers shall drive
with due regard and caution for the safe ty of all persons using the highway, as required
by CVC § 21056.
Assessment of Risk Factors
A police pursuit is a dangerous activity that should be engaged in with the utmost
awareness of the risks to other drivers, bystanders, the officers, and the susp ect(s). The
primary purpose of a motor vehicle pursuit is to arrest fleeing suspects with the
minimum amount of force necessary and to minimize the risk of harm to people and
property. Even when a pursuit is justified, everyone involved must continually evaluate
whether the dangers or risks of a pursuit outweigh the need to immediately apprehend
the suspect.
Some factors which should be considered and evaluated when initiating, authorizing,
continuing, or terminating a pursuit include, but are not limited to:
1) Time of day;
2) Vehicular traffic conditions;
3) Pedestrian traffic conditions;
4) Weather conditions;
5) Roadway conditions, e.g., slippery or under construction;
6) Area of pursuit, e.g., near school or residential area;
7) Severity of crime;
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8) Whether the suspect has been identified and/or can be located, making later
apprehension probable;
9) Speed and recklessness of suspect;
10) Capabilities and limitations of pursuing vehicle;
11) Availability of backup;
12) Officer's familiarity with area of pursuit;
13) Quality of radio communications with the dispatcher, pursuing units, and the
authorizing supervisor;
14) Whether the suspect is known to be a juvenile; and
15) Involvement of the Air Support Unit.
Pursuit Coordination
The unit that initiates the pursuit shall be the primary unit and shall broadcast all
pertinent information regarding the pursuit, unless the primary unit specifically requests
the ASU or another actively involved unit to broadcast.
The primary unit may request as many units as necessary to allow for control and arrest
of the suspect(s). The field supervisor in charge of the pursuit will authorize the number
of units to engage, or assist, in the pursuit. This decision will be based upon an
assessment of the risk factors and information received from the primary unit.
Air Support Unit (ASU) Responsibilities
When available, the ASU shall respond to the scene of a pursuit and shall assist pursuing
units and the supervisor as follows:
1) Notify the Communications Center when they have visual contact with a pursuit;
2) If requested, assume responsibility for broadcasting locations and the direction of
travel of the pursuit;
3) Assist ground units and the supervisor monitoring the pursuit by identifying and
broadcasting all potential safety risks;
4) Once visual contact is made, provide the supervisor with the number of ground
units involved;
5) When possible, identify units participating in the pursuit for the purpose of
management and control;
6) Stay in radio contact with assisting ground units to aid in the capture of the
suspect(s);
7) Electronically record the pursuit and the termination point (the recording shall be
placed into evidence);
8) When a supervisor terminates a pursuit and surveillance mode is initiated, the
ASU will assume a position that affords the suspect little possibility of detecting the
ASU. The searchlight will not be used during the surveillance mode. The ASU will
follow the suspect vehicle until the vehicle stops, or the surveillance is canceled.
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Foreign Jurisdiction Pursuits
LBPD units, including the ASU, shall not engage in pursuits initiated by foreign
jurisdictions, unless the pursuit meets the criteria of the LBPD pursuit policy and
assistance is requested by the pursuing agency.
LBPD units engaged in a foreign jurisdiction’s pursuit shall terminate their involvement if
the pursuit leaves the Long Beach city limits, unless directed to continue by an LBPD
supervisor.
If a foreign jurisdiction pursuit terminates within the Long Beach city limits, the LBPD
supervisor who approved the pursuit shall verify which agency will coordinate pursuit
termination activities.
Pursuits Leaving City Limits
If an LBPD pursuit leaves the city limits, the unit broadcasting the pursuit shall
immediately notify the supervisor. The supervisor will direct the Communications Center
to inform other affected agencies of the pursuit.
Supervisors may request an outside agency to take over a pursuit if it reasonably
appears the other agency is better able or equipped to continue the pursuit. If a pursuit
is turned over to another agency, LBPD units shall verify that agency has assumed
control and then shall terminate participation; however, the primary unit and field
supervisor will remain available to cooperate with the arresting agency if the suspect(s)
is apprehended.
If a request is made by another agency for the LBPD to abandon a pursuit within that
agency's jurisdiction, that request shall be complied with immediately.
Pursuit Limitations
1) Police vehicles not equipped for pursuits shall not engage in a pursuit;
2) When the ASU is ordered to perform in a surveillance mode, all units will attempt to
stay clear of the area in which the suspect vehicle is operating;
3) Vehicles transporting prisoners shall not engage in pursuits under any
circumstances;
4) Officers shall not use a vehicle as a barricade or to make intentional contact with a
suspect vehicle during a pursuit, unless the use of deadly force is justified. The use of a
vehicle as a force option is governed by LBPD Manual § 7.1.2 USE OF FORCE.
Motorcycle Units
A motorcycle unit may only initiate a vehicle pursuit for a violent felony or in other
extreme circumstances. The supervisor shall acknowledge that a motorcycle unit is
involved and approve or cancel the pursuit. The supervisor must explain the necessity
of the motorcycle unit’s involvement, per LBPD Manual § 7.1.7.14 SUPERVISOR
POST-PURSUIT RESPONSIBILITIES.
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Unless otherwise directed by a supervisor, motorcycle u nits shall cease their
involvement when a four-wheeled, pursuit rated vehicle joins the pursuit and takes over
as the primary unit. Once a motorcycle unit ceases involvement in the pursuit, they shall
follow all requirements in LBPD Manual § 7.1.7.12 PURSUIT TERMINATION.
Pursuit Termination
A pursuit shall be immediately terminated under the following conditions:
1) A field supervisor orders the pursuit terminated;
2) Officers lose visual contact with the suspect vehicle and the ASU is not in a
position to provide immediate directions;
3) Officers lose clear radio contact with the Communications Center;
4) Officers lose clear radio contact with the field supervisor authorizing the
pursuit.
Once the decision is made to terminate the pursuit, pursuing units shall:
1) Obey the rules of the road;
2) Deactivate their red lights and siren;
3) Turn off from the pursued vehicle's direction of travel (do not follow);
4) Notify the Communications Center of the termination;
5) ASU will not continue to follow the vehicle unless placed into surveillance
mode.
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Instruction Guide 23
“CODE THREE” RESPONSE (MANUAL 7.1.5)
All priority 1 calls will normally be dispatched “Code Three”. A code three response may
be cancelled at the direction of a command off icer, supervisor or the communications
center.
Definitions
Priority 1 – Calls with the possibility of loss of life, serious injury, major property
damage, or other emergencies of a similar magnitude.
“Code Three” Response – A Code Three response is a response to a priority 1 call
during which a police vehicle displays a lighted red lamp, visible from the front, and
sounds a siren as may be reasonably necessary. A properly performed “Code Three”
response exempts the operator of an emergency vehicle from c omplying with certain
rules of the road as defined in §21055 C.V.C. and §21056 C.V.C.
Procedures
Employees shall adhere to the following procedures when authorizing, dispatching and
responding to “Code Three” emergency calls. A supervisor or command officer will
specify the number of units initially responding to a dispatch “Code Three”.
Police units may be dispatched “Code Three” under the following circumstances:
Calls with the possibility of loss of life, serious injury, major property damage, or
other emergencies of a similar magnitude
No detail (possible injury) traffic collisions
A specific request by a field officer for a specified number of units to respond
“Code Three” as approved by a supervisor or command officer
Firefighter needs help – URGENT – 997
Officer needs help – SHOTS FIRED – 998
Officer needs help – URGENT – 999
As directed /authorized by a field supervisor
The communications center dispatcher shall inform the units that they are to respond to
the call “Code Three”. The communication center dispatcher/supervisor should notify
units when other units are responding “Code Three”.
7.1.6 - “CODE THREE” – AUTHORITY TO INITIATE/CANCEL
The following personnel have the authority to initiate or cancel a “Code Three”
response:
Field officers responding to a priority 1 incident after notifying communications
and/or a supervisor
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Field officers initiating a traffic stop or a pursuit
A supervisor or command officer
Communications personnel dispatching a priority 1 call
Cancellation of a “Code Three” response should be based on the following
criteria:
Nature of the emergency
Weather conditions (fog, heavy rain or slippery road conditions)
Traffic conditions (vehicular and pedestrian)
Time of day
Highway conditions
Area traveled (schools or residential)
The emergency being responded to no longer exists
The officer(s), upon arrival at the location, will verbally advise the dispatcher that they
are on scene (10-97). At the completion of the call, the officer shall note in their Daily
Field Activity Report “C-3”.
Each officer operating a vehicle “Code Three” shall use proper defensive driving
practices and be aware of other vehicles that may be driving “Code Three”.
All officers should remember that while operating an emergency vehicle, they are not
relieved from their duty to drive with due regard for the safety of all persons using the
highway and should, therefore, use caution (§21056 C.V.C. and §21807 C.V.C.)
TRAINING BULLETIN 82
Introduction
Today in law enforcement, traffic collisions claim nearly as many police officers’ lives as
do felonious assaults. Many officers believe that when they turn on the red lights and
siren they are exempt from harm and that every other driver within miles will
automatically stop and give them the right of way. While there are legal provisions to
protect the officer, they must learn to use caution and be prepared for sudden and
unexpected encounters with other vehicles. In addition they must know the limitations of
the vehicle and what it can do under emergency situa tions. All officers must be well
acquainted with defensive driving techniques in order to avoid collisions under both
emergency and routine driving conditions.
Authorized Emergency Vehicle Defined
Vehicle Code §165 defines an authorized emergency vehicle as a vehicle furnished by
the City for the use of police officers in the performance of their duties. When an
authorized emergency vehicle is sounding a siren and has at least one lighted red lamp
visible from the front of the vehicle, Vehicle Code §21806 requires that surrounding
traffic yield the right of way. But nothing in the Vehicle Code relieves the driver of the
emergency vehicle from driving with due regard for the safety of all persons using the
highway.
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Legal Provisions for Operating Emergency Vehicles Code Three
Emergency Conditions
Vehicle Code §21055 provides that the driver of an authorized emergency vehicle shall
be exempt from the provisions of the Vehicle Code commonly referred to as the “rules
of the road”. However, the exemptions app ly only when the vehicle is being operated
under one or more of the following circumstances:
In response to an emergency call
In the immediate pursuit of an actual violator of the law
In the immediate pursuit of a suspected violator of the law
and all of the following conditions exist:
The vehicle driven is an authorized emergency vehicle
A siren is being sounded in a manner that gives reasonable warning of the
approach of the vehicle
One lighted red lamp, visible in normal atmospheric conditions for a distance of
1000 feet, is displayed to the front of the vehicle
No privilege to operate a vehicle in disregard of the “rules of the road” can be
established unless these conditions exist. Even after all these conditions have been
met, the privilege is denied if the driver of the emergency vehicle fails to show due
regard for the safety of all persons using the highway or arbitrarily exercises their
privilege.
Emergency Response
Experience has shown that the use of the siren and red light does not always as sure an
officer of immediate right of way. The human element is always present and under
emergency conditions, various motorists and pedestrians will react differently. An officer
is seldom, if ever, justified in traveling at a speed greater than the designated speed. A
phrase often heard is “code two” response, which is defined as “urgent -no red lights or
sirens”, and implies something less than code three but more than normal driving.
However, there is no excuse for violating any rules of the road when y ou are not
traveling code three. Certain circumstances might justify higher speeds while traveling
code three, but those circumstances must outweigh the additional hazards that
accompany higher speeds.
Goal: arrive as quickly and safely as possible
Keep the vehicle under control at all times
Drive at a speed that will allow reaction to hazards
Properly use the siren and red lights so that other motorists and pedestrians will
be given adequate warning
Remember, a collision en route to the scene merely create s another police
problem and delays handling of the initial problem
Obey the rules of the road if not exempted by a code three response
206
The Siren
Tests show that siren sound waves have a greater intensity ahead of as opposed to the
sides or behind a police unit. Sound waves measured at 45 degrees to the left rear of
the emergency vehicle were only one -third as effective as those measured directly in
front. Results indicate that motorists at right angles to an emergency vehicle with
activated lights and sirens will not normally hear the siren at the same distance as a
vehicle directly in front of the emergency vehicle. An officer must anticipate that a
motorist approaching an intersection from a side street may not stop as soon as distant
motorists directly ahead. Buildings can also deflect sound waves put out by a siren,
which would create a problem when a motorist is around a corner and at right angles to
an emergency vehicle. Motorists who have their car windows rolled up, or a radio,
heater or air conditioner on, will have difficulty hearing the siren.
An officer needs to take into account many variables when driving code three. The
following are prudent assumptions to make:
All other motorists are deaf. The DMV does issue driver’s licenses to deaf
persons
Other motorists are inattentive to their driving and to other traffic
The windows of other cars are rolled up and effective at blocking out sound
Car radios are playing and/or conversation is taking place in other cars
Other motorists will become confused and anything is possible when they hear
the siren
Passing and Following Other Vehicles
A police unit using a siren must pass traffic on the left, even if it may be necessary to
drive across the centerline of the roadway. The vehicle code directs other motorists to
pull to the right upon hearing an approaching siren and often motorists will swerve
abruptly to the right. Passing on the right cautiously is only an option if there is
absolutely no other course open.
A police unit should not closely follow another emergency vehicle that is traveling code
three in the event that a motorist, who has yielded to the siren by pulling to the right,
swerves back into traffic abruptly after the code three vehicle passes.
In conclusion:
The use of a red light and siren does not guarantee all motorists will yield
People react differently when they hear a siren and anything is possible
Excessive speed is seldom justified and is a very dangerous practice
In every situation, officer and citizen safety is the main factor to consider
Civil Liability
Vehicle Code §17004 relieves a police officer from civil liability for personal injury to, or
death of any person, or damage to property resulting from the operation of an
authorized emergency vehicle in the line of duty. This exemption is provided if the
vehicle is responding to an emergency call or in the immediate pursuit of an actual or
207
suspected violator of the law. The section does not relieve an officer from possible
criminal liability such as manslaughter, nor does it relieve the City from civil liability. The
City is only protected when the siren is sounded and the red light displayed and the
vehicle is responding to an emergency call or in pursuit of an actual or suspected
violator of the law.
It is the duty of the driver of an authorized emergency vehicle to exercise that amount of
care that, under all the circumstances, would not impose upon others an unreasonable
risk of harm. Always ask the question, “What would a reasonable and prudent driver do
under all circumstances, including an emergency?”
208
Instruction Guide 24
PURSUIT INTERVENTION TECHNIQUE
Pursuit Intervention Technique (PIT) – PIT is a deliberate act of impacting a suspect's
vehicle with a law enforcement vehicle in an attempt to cause the suspect vehic le to
stop during a pursuit. The PIT may be used to end a pursuit when other means have
been considered and tried or ruled out. Use of the PIT shall be documented on a
Supervisor’s Vehicle Pursuit Report. The PIT shall not be considered a traffic collision . If
the suspect or police vehicle makes secondary contact with any other object or vehicle it
shall be documented in the Supervisor’s Vehicle Pursuit Report and the officer’s
Department report. A collision report does not need to be filed under these
circumstances.
The PIT maneuver may be utilized in a pursuit only after the following factors have been
met:
1. The officer utilizing the PIT must have successfully completed a Department
approved PIT training program;
2. Only marked black and white vehicles equipped with PIT bars may be used in a
PIT maneuver;
3. A supervisor must consider the following and authorize use of the PIT before
intervention is attempted:
a. Reasonable belief that the continued movement of the suspect vehicle
would cause a substantial risk of great bodily injury or death;
b. The apparent risk of harm to the public must be great and outweigh the
risk of harm involved with using the PIT; and
c. Other reasonable means of apprehension should have been exhausted
and/or considered and rejected. Examples of other reasonable means
include, but are not limited to:
i. Following or utilizing the surveillance mode of the Air Support Unit;
ii. Using a tire deflation device; and/or
iii. Requesting assistance from another agency, and,
4. A minimum of three units are present to execute the PIT Maneuver;
a. Only one unit is authorized to deploy the PIT maneuver, and
b. Two additional units are required to assist with the detention/arrest of the
suspect(s).
The PIT maneuver shall not be utilized in the following situations, unless deadly fo rce is
justified as to all occupants of the suspect vehicle:
1. To intentionally force a vehicle into another vehicle or object;
2. On pickup trucks or similar type vehicles if there is a possibility that subjects may
be occupying the bed portion (whether it has a camper shell or not);
209
3. On motorcycles, buses, or vehicles with trailers; and/or
4. On vehicles traveling in excess of 35 miles per hour
210
Instruction Guide 25
SPIKE STRIP POLICY
7.1.8.2 “Deployment of Spike Strips”
It is the policy of the Long Beach Police Department to deploy and use spike strip
pursuit termination devices whenever and wherever possible to safely end vehicle
pursuits (including surveillance mode operations) while placing paramount importance
on the safety of personnel, the public, and suspects. Only personnel who are trained in
the operation and deployment of spike strips shall be permitted to deploy these devices.
Use of the Spike Strip shall be documented on a Supervisor's Vehicle Pursuit Form
(PD#4000.018)
Deployment
Personnel responding to deploy spike strips shall abide by all Department Pursuit and
Code Three policies and procedures. Activation of the spike strips will be deemed a Use
of Force and the Use of Force Policies and Procedures will apply. Subject to the control
of the field supervisor or watch commander, this Manual Section authorizes patrol units
equipped with spike strips to respond to potential deployment locations when such
response is necessary and appropriate. As with any tactical operation, the response
between all involved units shall be in a coordinated manner, with command and control
exercised by the handling unit, field supervisor, and/or the watch commander, as
appropriate. Proper deployment and deployment locations are outlined in Training
Bulletin #221, "Deployment of Spike Strips.”
Training Bulletin 221 – Deployment of Spike Strips
The purpose of this Training Bulletin is to outline the use of and to identify strategic
locations for spike strip deployment. When suspect vehicles cross an activated spike
strip, hollow spikes are embedded into the tires, causing the tire to deflate at a
controlled rate. Even though the suspect vehicle has one or more of its tires deflated,
the suspect may continue to drive. However, the ability of the suspect to operate the
vehicle at high speeds is greatly reduced, if not eliminated.
Introduction
“Spike Strips” are a tire deflation device to be used to assist in terminating vehicle
pursuits. Pursuits, by their very nature, are dynamic. Unless a specific driving pattern is
observed, it will be impossible to determine the direction of travel if multiple options are
available. Each patrol substation has been issued a limited number of spike strips for
use in their Division. When authorized, the deployment of these spike strip s will serve
as a tool for the trained officer. Each Patrol Division is responsible for ensuring the
devices are available to the field officers for use.
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Driving Patterns
Fleeing drivers often follow a common pattern:
They tend to make right turns, as o pposed to left turns, because it is the path of
least traffic resistance
They tend to stay on major thoroughfares, rather then allowing themselves to be
boxed in on narrow streets
They tend to look to freeways as an avenue of quick escape
They tend to head to familiar locations (If the suspect is the registered owner of
the fleeing vehicle, the path to his/her address should be considered a likely
route)
The longer the pursuit, the more information generally becomes available to the
pursuing officer. Therefore, officers should constantly reassess their options.
Deployment Considerations
The spike strip must be placed perpendicular to the target vehicle. Placing the spike
strip on an angle will not be effective and will destroy the device. When deploying t he
device, remember that the device can be pulled easily towards the deploying officer, but
it cannot be pushed away from the officer. Placing the spike strip at least partially in the
number one lane is the best option.
Freeway entrances generally tend to be no wider than two lane widths, which can be
easily covered by the 18' spike strip pads.
Suggestions for Reliable Activation:
The spike strip must be on flat ground. If placed over an object, such as a raised
center median, the spikes will not raise properly
Ensure the cable is as straight as possible
If there is adequate time, test the device by safely raising and lowering the
spikes prior to the arrival of the target vehicle
Sometimes raising the spikes completely requires a slight counter-clockwise
twist of the entire handle (however note that excessive twisting, past the spike’s
vertical, can cause damage to the unit)
If possible, activate the spikes at least several seconds before the target vehicle
arrives. Raising the spikes at the same time as the tire travels over the pad is
ineffective and may ruin the mechanism
Re-deploying the spike strip on an already partially disabled vehicle should only
be done after careful consideration
Although the spike strips can be easily deployed in less than two minutes, safe retrieval
and storage for a move to another location can take several minutes. The initial
deployment should generally be thought of as a permanent location until it is obvious
that the suspect has already left the area and it is unlikely tha t he/she will return. In
each area, multiple options exist. Consideration should first be given to the beat unit’s
location. When anticipating the use of spike strips, the following shall be considered:
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Pursuing units shall provide frequent location, direction, and speed updates
Once the supervisor authorizes deployment of the spike strips, all units are
authorized to deploy
Spike strip deployment locations should provide deploying personnel with good
visibility of the approaching pursuit and other traffic in the area
Recognizing that suspects may drive erratically to avoid driving over spike strips,
deploying personnel should take into consideration traffic flow in the immediate
area,
upcoming intersections, high use driveways, school zones, and pedestrian traffic
Unless the use of deadly force is justified, spike strips shall not be used to stop
the following vehicles:
o motorcycles
o mopeds
o other similar type vehicles
Except in the most compelling of circumstances, spike strips should not be used
on the following vehicles:
o vehicles transporting hazardous materials
o buses with passengers
If the pursuit is fairly close, immediate deployment would take precedence over
movement to another, more strategic location, due to the additional travel time
If the pursuit is a low speed pursuit, camouflage of the spike strip device and
concealment of the police vehicle is strongly encouraged
A position of safety should always be considered for the deploying officer, along
with concealment and cover. Use of the patrol vehicle f or cover does not provide
adequate protection and is discouraged
Communication
Communication should be kept to a minimum to avoid interfering with unfolding
critical direction of travel information
When possible, deploying personnel should notify the dispatcher of the
placement and exact location of spike strips. Communications will be
responsible for notification of such locations to our units and any outside
agencies that are involved
Information as to the location of the deployment is not necessary unl ess it
appears the suspect is close to the deployment location
Once the spike strip is activated, it will be necessary to broadcast this
information so that the pursuing units are aware the pursuit may terminate within
a relatively short period of time and distance
Notification by the activating unit, along with information by the pursuing unit, as
to the number of tires deflating (if any) is needed to help the supervisor:
o Make an informed decision whether to allow more units to the termination
site
o Decide whether or not to request additional resources (K-9 unit, allied
agencies if out of city, etc.)
The supervisor must evaluate information on the effectiveness of the spike strip and a
decision must be made whether to continue to use any further spike strip s. A vehicle
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traversing a RoadSpike spike strip with a tire completely off and running on the rim(s)
will destroy the spike strip. If warranted, sacrificing the spike strip is an option.
(Estimated replacement cost $700)
Practice
Officers need to practice occasionally, on their own, in order to develop and maintain
those skills necessary for proper deployment and activation. Practicing also serves the
purpose of inspecting the equipment on a continual basis to ensure all the parts are
working properly.
Deployment on Freeways
Generally, freeway entrances and exits should be covered first. If another law
enforcement agency is in pursuit on any of the freeways running through the city,
supervisory approval can be given to deploy spike strips at the exits, e ven though Long
Beach units have not, or will not be, authorized to join the pursuit. Deployment of spike
strips on the freeway is not prohibited, but careful consideration must first be given to
the safety of the deploying officer. Freeways have multiple lanes and the RoadSpike
can only cover two lanes. Concealment is more difficult on the freeway although bridge
pillars are excellent sources, as well as providing cover for the deploying officer. Speeds
on the freeway tend to be much greater than on surfac e streets, which decreases the
time to recognize the target vehicle and make an evaluation when to activate the spike
strip.
Some freeway entrances have dual entrances allowing east and west bound traffic, or
north and south bound traffic, to enter and then merge into one on-ramp. To provide the
most coverage, the best position for deployment would be at a point after the two
entrances merge. The same applies for some exits that diverge into two exits in
opposite directions. The best position for deploymen t would be on the exit ramp before
the lanes bifurcate.
Freeway entrances/exits just outside our city limits have not been identified in this
guide, but are options for deployment.
Outside Agency Request for Deployment
Upon request of an outside agency and with approval of the watch commander, units
may deploy spike strips in an attempt to terminate the pursuit. Approval to deploy the
spike strip in an outside agency pursuit does not imply authorization for LBPD units to
become actively involved in the pursuit, unless specifically directed to do so by a
command officer or field supervisor.
Watch commanders shall limit their authorization for deployment of the spike strip in an
outside agency pursuit to those pursuits that are either approaching or are wi thin
reasonably close proximity to our Department's jurisdiction.
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Post Deployment Inspection
Use of a spike strip shall be documented in the Supervisor’s Vehicle Pursuit Form
(PD#4000.018) and is to include the following:
Location of deployment and nearest intersection, direction of travel, lanes
covered, and any other pertinent information
Name of the officer(s) who placed the spike strips and whether or not the
suspect vehicle traversed the strips
Injury and/or death to suspect(s), civilian, or police personnel
Civilian and/or patrol vehicle which have traversed the activated spike strips
At the conclusion of a pursuit where a vehicle drove over any strip, activated or not,
deploying personnel shall inspect the spike strip for damaged, loose, and/or mi ssing
spikes. Damaged or missing spikes shall be replaced as well as any loose spikes
tightened prior to re-deployment of the strip. The appropriate Patrol Division will be
responsible for turning in the used spike strip to the Accident Investigation Detai l before
a replacement spike strip will be issued.
Conclusion
Proper deployment and activation of spike strips requires coordination, communication,
cooperation, flexibility, and practice. Field officers must be aware of strategic locations
within their beat in order to maximize effectiveness. Of paramount importance is the
safety of the deploying officer as well as citizens and the suspect. The deploying officer
should at all times think about safety first when using these devices. Personnel
responding to deploy spike strips shall abide by all Department Pursuit and Code Three
policies and procedures as well as Use of Force Policies and Procedures.
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Instruction Guide 26
COURT PROCEDURES
6.2.2 “Court Appearances”
When required by subpoena, ordered by a commanding officer or court liaison officer,
attendance at a court or quasi-judicial hearing is considered an official duty assignment.
Failure to appear in court on the date and time ordered, without good cause, may result
in court-mandated or department action.
Employees shall receive overtime compensation for all court in accordance with the
most current Memorandum of Understanding from their respective bargaining unit.
Employees are responsible for monitoring their court cases through adjudication.
An employee who receives a subpoena to testify for the defense against the City or
against the Department in any trial or hearing, shall notify their Division Commander as
soon as possible. The employee shall notify Court Affairs if the subpoena was rece ived
outside the Electronic Subpoena Service System.
Hours of “On-Call”
AM On-Call 0930 – 1230 Hours 1 Hour Overtime
PM On-Call 1330 – 1630 Hours 1 Hour Overtime
Hours of “Be There”
AM Be There 0830 Hours 3 Hours Overtime
PM Be There 1330 Hours Actual Time in Court
6.2.2.1 “Conduct in Court”
While in court, employees shall avoid mannerisms that might imply disrespect to the
court, such as reading, talking, texting, using cell phones, eating, drinking, chewing
gum, wearing hats or sunglasses, or sleeping.
Officers who must appear in court may wear their police uniform or business attire.
Filing Court Overtime
Officers who are filing “On-Call” overtime must file their overtime slip by their next
working day. Officers who respond to court on a “Be There” must file their overtime slips
immediately after court.
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6.2.1.2 “Electronic Subpoena Service Procedure”
Subpoenas received by the Department’s Court Affairs Section will be entered into the
Department’s computer network. Employees will be served their individual subpoenas
electronically by accessing the Court affairs system and entering their Department ID
number.
Employee Responsibilities
It is the individual employee’s responsibility to access the Department’s Court
Affair’s system via computer terminal and accept subpoenas served by a legal
entity
The employee must check the system on each of their workdays
Employees shall respond to subpoenas served on them ordering their presence
in court
An employee may refuse service of the subpoena for th e following reasons
only:
o Untimely service of subpoena (less than five working days notice of
hearing); this does not preclude the employee from accepting service if
he/she is able to attend the hearing
o When an employee will be on an approved vacation, hol iday, or overtime
day-off. In this case, an approved copy of the employee’s time -off
schedule shall be forwarded to the Court Affairs Office within at least 14
days prior for a vacation request and at least a week’s prior notice for
holiday and overtime days-off
Subpoenas received prior to submission of vacation, holiday, or
overtime day-off, shall be honored by the employee so served. Any
conflict with a court appearance and time off shall be directed to
the Court Affair’s Sergeant.
Employees assigned to training assignments, other than in house training
such as, AOTC or Cultural Awareness, regardless of location, length or class
content, shall provide a memorandum to Court Affairs advising the length and
location of the training assignment. The memo should be delivered to Court
Affairs no later than one workweek prior to the training class
When an employee is a military reservist and ordered to active duty or school,
the employee will provide a memorandum advising length, duty location, and
return to work date to Court Affairs no later than one workweek prior to the
activation date or as soon as practical
When the employee is on an IOD status, it will be the Personnel Division's
responsibility to notify the Court Affairs Office as soon as possible of an IOD
status
A failure to appear in court on the date and time ordered without good cause may
result in court-mandated or Department action.
Employees on Extended Absences
Employees who will be off -duty of one consecutive work week (four days) or longer shall
submit a vacation, holiday, overtime days off schedule to Court Affairs stating whether
they are available or unavailable for court. The Court Affairs Office will provide the City
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Prosecutor’s Office and the District Attorney’s Office a list of employees who are on
vacation, holiday, IOD, training, or military leave, the list will indicate the employee’s
status and return to work date.
Subpoenas received prior to submission of vacation, holiday, or overtime days off will
be honored by the employee so served. Any conflict with time off and appearance date
will be directed to the Court Affair’s Sergeant or his/her staff. The District Attorney’s
Office or City prosecutor’s Office will be contacted to determine if alternatives are
possible concerning scheduling requirements.
Summonses
A summons is a document, which is served on an employee informing them that they
are being sued civilly. The civil action is brought against an employee due to some act
or action taken while in the performances of their duties. Upon receiving a summons,
employees are directed to contact the City Attorney’s Office as soon as possible. The
purpose of contacting the City Attorney’s Office is to allow them to represent the
employee in this civil matter.
6.2.3 Quasi-Judicial Hearings
Quasi-judicial hearings are hearings in which an employee may be required to attend
and provide testimony concerning their actions, observations or activities.
Court Affairs will enter all quasi-judicial hearings into the electronic subpoena system.
The employee will receive requests to appear, or be “on-call” by Electronic
Subpoena
Types of quasi-judicial hearings in which an employee may be required to attend are:
Parole Hearings
Probation Hearings
Department of Motor Vehicles Hearings
Alcohol Beverage Control Hearings
Civil Service
Depositions
Employees shall conform to the same standards and procedures to which all other court
appearance regulations apply.
6.2.4 Court Calendar
The Court Affairs Office shall distribute two copies of the Court Calen dar to the South
Division Front Desk and one copy outside the Court Affairs Office.
The Electronic Subpoena Service will automatically send employees an email
notification prior to a court commitment. Employees must view the details shown in
parentheses to the right of each appearance, to determine the Result/Status of the
appearance.
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Response to Appearance Page:
Once a case has been opened, compliance will automatically update and display
Accepted in the compliance field.
If you cannot comply due to vacation, training, etc., please select the desired
compliance response listed in the compliance dropdown menu and click on the
save button.
Employees can make compliance changes up to one day prior to the scheduled
appearance. Thereafter, employees must contact the Court Affairs Office staff at
8-7444 to make any changes.
Compliance with the Electronic Subpoena System is mandatory per Long Beach Police
Department Manual Section 6.2.1.2 “Electronic Subpoena Service Procedure:
Employees must check the Court Affairs Electronic Subpoena System on each of their
workdays.”
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Instruction Guide 27
COVER AND CONTACT
Before the Encounter
Officers should use Contact and Cover during any situation in which there are one or
more unsecured potential or actual suspects in the immediate area. One officer takes
the role of Contact Officer and acts as the on -scene leader of all law enforcement
activities. The other officer takes the supporting role of Cover Officer with different
responsibilities. The officers should verbally establish who will take each role prior to
any meeting with suspects, either at the start of a shift, in the same car together (the
driver-officer usually takes the Contact Officer role), or, more typically, as the Cover
Officer arrives to help an on-scene solo officer with a stop or radio call.
The Contact Officer's Role
The Contact Officer initiates the discussions and conducts all of the business of the
encounter with the suspects, witnesses and victims, from initiating conversation to
making arrests. The Contact Officer writes all of the suspect, victim, witness, accident or
incident information; writes citations, reports or field interview slips; runs radio checks
for warrants, stolen vehicles, etc.; notifies the dispatcher of relevant information ;
performs pat-downs, searches and seizure of evidence, including inside suspect
vehicles; removes weapons, contraband or evidence from people, bags or vehicles; and
handcuffs and makes the arrests. The Contact Officer is the primary field investigator
and holds responsibility for the chain of custody with evidence. The Contact Officer has
sole responsibility for all these actions.
The Cover Officer's Role
The Cover Officer (and any subsequent arriving Cover Officers) has two main
responsibilities: 1) to constantly observe the suspects from a position of surveillance
and control, and 2) to establish a sense of force presence that will deter assaults or
escapes while the Contact Officer conducts the business of the contact. The Cover
Officer observes all suspects and their associates; prevents escapes and the
destruction of evidence; monitors the radio for any pertinent information the Contact
Officer may have missed; and, most importantly, discourages any assaults on the
Contact Officer.
Because the Cover Officer remains undistracted by the business of the contact, they
can concentrate on the actions, movements or conversations of the suspects or any
other nearby or approaching people, in cars or on foot. At no time should the Cover
Officer directly engage in the information-gathering or enforcement activities that are the
responsibility of the Contact Officer. Nor should the Cover Officer get distracted by
suspects peripheral conversations or movements these things are sometimes done
intentionally to prepare for an escape or assault.
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The Cover Officer must also be ready to intervene to prevent assaults, ambushes, gun
takeaways or any other threats to the Contact Officer s life. The Cover Officer may need
to use hands-on techniques, impact or chemical weapo ns, or open fire from a better
tactical position. At the same time, the Contact Officer must know how, why and when
to disengage from the suspect to allow the Cover Officer to intervene. In some
situations, it s best to let the Contact Officer regain control of a suspect who fights; in
others, the Cover Officer will have to stop the assault before it escalates into a
disarming.
Work as a Team
The officers can reverse their roles at any time to reinforce the safety of the contact
based on each individual s expertise or experience. One officer may know the suspect
from previous contacts, have established rapport, be bilingual in the suspect s native
language or have additional field expertise in narcotics, gangs, prison tattoo
evaluations, stolen vehicles, etc.
The Contact and Cover Officers should always communicate with each other in a way
not understood by the suspects. They can use hand signals, 10 and 11 code, jargon,
slang, nicknames or police shorthand (i.e., cop talk). They can even develop their ow n
set of code words unique to their partnership.
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Instruction Guide 28
OFFICER SURVIVAL
Long Beach Police Officers must remain aware of potential assaults against them.
Many incidents and contacts have the potential for violence.
Death and injuries to officers are most often caused by the officers' own errors.
Recognized errors are a basis for officer survival.
Recognized Errors In Law Enforcement
Lack of Planning
Poor Communication
Unfamiliarity with Equipment
Partners Splitting Up
Tactical Errors
Poor Mental Attitude
Poor physical fitness
At least one of these errors is a factor in almost every police officer death. Continuous
discussion and exchanges of ideas and information between partners and other officers
are invaluable. Don't ASSUME or take anything for granted. Nothing is routine. BE
AWARE with subjects, suspects, and other individuals. Mentally focus on what you are
doing and what has to be done. Plan what you and your partner are going to do.
Police Officers Must:
Learn to control their emotions under stress.
Learn to avoid sarcasm and profanity.
Learn verbal skills and use them effectively.
Learn assertive mannerisms and develop a command presence.
Stay physically fit.
Trainees rotate FTO’s on a monthly basis and it is imperative that new partners discuss
individual officer safety techniques. Planning is a necessity. Some suggestions on
what to discuss:
What does the FTO expect from the trainee when a suspect is holding him at
gunpoint? Discuss what the both the FTO and trainee will do in this situation.
What is the FTO going to do if the trainee is held at gunpoint?
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How does the FTO want the trainee to respond when several suspects flee? It is
recommended that partners stay together, but sometimes this is not possible.
What are you going to do if either partner is shot? Should the survivor stay and
assist the partner? What should the partner do if they stay? Should the
suspects be chased?
What code words are going to use if a gun is discovered?
In a firefight, discuss who reloads their weapon, and who maintains several
rounds until the other has reloaded. Officers have been killed because both have
run out of ammunition at the same time. Plan volley firing.
Discuss if the FTO and/or the trainee carries a back -up weapon. Is there back-
up ammunition? What caliber is the back-up weapon?
These are areas where advance planning can save lives. More questions will arise in
field situations. Remember, clear thoughts are hard to come by when staring into the
barrel of a gun. Once decisions are made and a course of action agreed upon, put the
plan into action without hesitation or indecision. Officers react the way they were
trained.
Officer Killed Information
The highest percentage of line-of-duty officer deaths occurs while handling disturbance
calls. Most of the officers who were killed on disturbance calls failed to anticipate
danger and failed to use available cover. Reviews show that officers err by not using
available time to their advantage.
One out of five officers killed in shootings were shot with their own weapon. Officers are
usually killed within a distance of 4 to 12 feet, in 2.5 seconds. These line -of-duty deaths
involve one suspect most of the time, with the suspect only taking 3 rounds to kill the
officer. Most officer deaths occur at night.
If conducting a search, once you find one weapon, don’t stop. Advise your partner, and
remember, when you search a suspect well enough for you to say he or she is clean,
your safety and all the other officers' safety depends on you.
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Instruction Guide 29
BAR INSPECTIONS AND ABC LAW COMPLIANCE (TB 140)
Introduction
Enforcement of ABC laws is often necessary for the preservation of peace, the
reduction of drunk driving, and to maintain the quality of life in neighborhoo ds with ABC-
licensed establishments.
Inspection Authority
Long Beach Municipal Code §5.08.020 specifies that all Police Officers and certain
civilian employees are appointed inspectors of business licenses. Additionally, §25619
of the California Business and Professions Code specifically requires every peace
officer to enforce the provisions of the Alcohol Beverage control act. Accordingly, all
patrol officers are directed to make compliance inspections of ABC -licensed premises
and to file timely field inspection reports describing conspicuous and/or suspected vice
violations.
Enforcement
Patrol officers must check out “Code 6” on the radio or MDC when making an inspection
of any licensed premises and must check “10-8” immediately after leaving the premises.
The name and the address of the premises must also be given to Dispatch when
checking “Code 6.” This procedure will establish an official record for the officer’s and
the Department’s protection.
ABC inspections, when practical, should be directed toward voluntary compliance on
the part of the licensee. Officers shall report problems that cannot be resolved through
voluntary compliance, describing the conditions observed, citizen complaints received,
and enforcement action taken. File reports to the Deputy Chief, Investigations Bureau,
for transmittal to the Detective Division, Vice Investigations. Inspection forms may be
picked up from Vice, or a memorandum will suffice. The Alcoholic Beverage Control
Board will act on information filed through the Detective Division. Establishments that
are habitual violators will be investigated by the Vice Investigations Section or by ABC
investigators, acting on field intelligence reports filed by patrol officers and detectives.
Field inspection reports, along with citizens’ complaints, contribute to the basis for
additional personnel deployment by both the area Commander and the Commander of
the Detective Division.
A “compliance inspection” (by patrol officers) is an entry and walk -through of licensed
premises. Officers should refer to the attached violation guidelines and become familiar
with possible violations that might be encountered.
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Each officer should keep a log or notes on inspections made, containing all
observations and the names and addresses of persons contacted about violations or
compliance. Any logs or notes will include dates, times, and names of witnessing
officers.
Performance of these duties does not require a citation or arrest for every violation
observed. Officers should use good judgment and discretion to bring about the
preferred method of enforcement, voluntary compliance.
General Investigative Techniques (suggested by ABC):
Retain alcoholic beverage for evidence
Mark bottles or containers of seized beverages for identification
Immediately remove ice from mixed drinks and seal liquid in an evidence bottle
Give a receipt for unopened containers that are seized
Obtain complete identifying information of licensee or employees on premises
Establish employee's shift schedules, length of association with the premises,
and length of experience in the liquor business
Observe and record licensee’s/employee’s physical condition as to vision,
hearing, sobriety, etc., and a description of their clothing
Examine all identification documents carefully. Seize any false identification as
evidence
Present apprehended minors to alleged sellers as soon as possible, on a face -
to-face basis, for positive identification. Note results of the presentation and any
conversation/statements between them
Note and include in your report the condition of the premises (lighting, size of
crowds, number of employees present, etc.) and list any witnesses present
Be accurate about time if an after-hours case. Note the time on any clock on
premises and on employee’s watch; verify time with dispatcher
Note method of identifying alcoholic beverages: smell and appearance,
container labels or beer tap spigot markers, statements overheard (what did
patron order?), admissions of licensee or employees
A thorough and detailed follow-up report to all arrests or citations will greatly enhance
not only the criminal prosecution, but also any administrative action undertaken by ABC
against the licensee.
Contact Vice Investigations with any questions regarding violations or noncompliance
situations, or for assistance with an inspection. Officers are also encouraged to go to
the Vice office to file information with the Vice officers.
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Instruction Guide 30
SHOOTING POLICY (MANUAL 6.8.5)
The policy of this Department governing the displa y and discharge of firearms affirms
that officers have the duty to use firearms whenever the necessity exists to protect their
lives or the lives of others. It shall be the responsibility of the individual officer to use
firearms only when reasonably necessary and justified under the circumstances.
Firearms shall be regarded as defensive weapons and shall be used by an officer only
in the absence of reasonable alternatives and the presence of one or more of the
following compelling circumstances:
Immediate threat – In self-defense or in defense of another when the officer
reasonably believes there is an immediate threat to life or of serious injury
Substantial risk – To effect the arrest or prevent the escape of a felon or
suspected felon when the officer has reasonable cause to believe that:
o The crime for which the arrest is sought involved the use of or threatened
use of deadly force, or the infliction of serious bodily injury; and
o There is substantial risk that the person whose arrest is sought will cause
death or serious bodily harm, if apprehension is delayed
o Circumstances may necessitate the use of a firearm for other than
defensive purposes. Situations in this category include, but are not
limited, the following:
To sound an alarm or call for assistance when other means of
communication cannot be used
In the humane interest of terminating the needless suffering of a
critically injured (pending death) animal, an officer may use a
firearm to dispatch that animal only when all of the following criteria
are met:
Animal Control is unavailable or is unable to respond in a
timely manner
The animal’s owner has given consent
A Field Supervisor has given approval. (In an extreme
situation, a Field Supervisor at the scene may approve
dispatching a critically injured animal, when death is
pending, in the owner’s absence) Avoid shooting animals in
the head; rabies testing requires intact brain tissue
OIS Involving Domestic Animals
If an officer is involved in an OIS where a pet is injured and the pet owner wants
to transport the animal to their veterinarian, allow them to do so. An officer will
accompany the owner and the injured animal in order to preserve evidence.
Additionally, a priority lab unit will be called on to meet the officer at the
veterinarian for photos, etc
Under no circumstances will a deceased animal be destroyed (i.e.. cremated)
prior to the notification and approval of the Homicide Detail
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Firearms shall not be discharged under the following circumstances:
As a warning
At a moving vehicle or though a vehicle's window, unless circumstances clearly
warrant the use of a firearm as a final of defense
This policy is not intended to prohibit the discharge of a firearm during authorized
practice and training at an approved area.
The discharge of any weapon by careless or negligent handling by an on or off duty
employee shall constitute a neglect of duty.
Any discharge of a firearm by a member of this Department for what any reason, except
as part of an authorized training exercise or recreational shootin g, shall be reported and
documented by the involved employee in compliance with the existing reporting policy.
Each incident involving the discharge of a firearm by a member of this Department, with
the exception of training, qualification, and recreation, shall be thoroughly reviewed.
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Instruction Guide 31
DEPLOYMENT OF AR-15 RIFLES (MANUAL 7.1.8.1)
The deployment of the AR-15 rifle will provide authorized personnel an immediate
response capability when confronted with compelling situations involving h eavily armed
suspects. “Deployment” is defined as removing, loading, and charging the AR -15 by an
authorized officer during a tactical event to be used as directed by policy.
Authorized Personnel for Deployment and Use of AR-15 Rifles
The responsibility for the appropriate deployment and use of the AR-15 rifle shall reside
with qualified personnel. Qualified personnel who have completed the prescribed
training in the use of the AR-15 rifle, under the supervision of the AR-15 Cadre, and
who successfully complete the current prescribed qualification process are the only
personnel authorized to utilize the AR-15 rifle. Authorized personnel shall qualify during
the periods designated for the AR-15 qualification per the qualification calendar and
attend any scheduled advanced rifle course.
Failure to qualify will result in de-certification and the officer will not be able to
carry/deploy the AR-15 rifle until they re-qualify. The involved officer may be subject to
discipline outlined in Manual section 6.8.6
All policies and procedures shall be adhered to, including: Manual section 6.8.5,
"Shooting Policy," section 7.1.3 "Force - Use of," section 8.1.1 "Homicide Detail Call-
Outs," section 8.1.2 "Firearms - Discharge Resulting in No-Hit," and section 8.1.3
"Firearms - Discharge Resulting in Injury or Death."
When to Deploy the AR-15 Rifle
The AR-15 rifle may be deployed when officers have reason to believe that a suspect is
engaged in any of the following acts:
Armed and barricaded
Sniper fire endangering officers or citizens
Armed robbery in progress (or silent robbery alarm)
Armed with a firearm or other dangerous life threatening weapon and wearing
protective body armor; armed with high-powered weaponry, or has immediate
access to weapons that surpass the capability of those normally carried by field
officers
Actively participating in a random or systematic shooting spree, demonstrating
intent to inflict death or serious bodily harm on others
Situated in a tactically advantageous position (due to distance or a fortified
location) and the deployment may neutralize the threat and minimize the risk of
serious bodily injury or death to officers and members of the community
Discharging a high-powered weapon(s)
High-risk vehicle stops. The field supervisor or the on scene officer in charge will
determine the number of rifles deployed
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Other instances where, based upon the totality of the circumstances,
deployment would be reasonable. These circumstances may include, but are not
limited to: the need for greater firepower, accuracy, distance of threat, number of
suspects, seriousness of suspect offense and/or threat, danger to the public, risk
of escape, or other exigent circumstances
Officer Responsibility
As with any policy force option, the use of this weapons system must be justified based
upon this policy, as well as our force policy (7.1.2 Dept. Manual), and the legal concept
of objective reasonableness. Officers must account for every round fired based upon
the time they had to react and respond.
Officers encountering a situation that warrants the deployment of the AR -15 rifle will
notify a field supervisor of the circumstances. The only exception will be an emergency
situation when time for notification is not feasible.
Officers carrying an AR-15 rifle in their patrol vehicle shall notify the Communications
Center at the beginning of their shift of their status as AR-15 equipped.
Officers deploying an AR-15 rifle shall immediately notify the Communications Center,
or as soon as practical, of a “Code Adam Robert”. This will alert all personnel that the
rifle is deployed and will ensure the deployment is entered in the call history.
Field Supervisor Responsibilities
At least one sergeant's vehicle per division will be equipped with two AR -15 rifles and
ammunition. These designated vehicles will be deployed as a first priority and shall
always be assigned to a field supervisor. The weapons shall be accessible only by the
field supervisor and shall remain locked in his/her assigned vehicle until deployment is
required.
A sergeant shall respond to all calls where an AR-15 rifle has been deployed/requested.
The field supervisor and Watch Commander will consider the deployment of SWAT
when circumstances dictate the use of these weapons. The deployment of the AR -15
rifle will not circumvent the need to activate SWAT.
At the Conclusion of the Incident
After deployment, the AR-15 shall be returned to the assigned field supervisor or
assigned officer who shall ensure it is cleared, rendered safe, and secured in the
designated sergeant’s vehicle or officer’s vehicle.
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Watch Commander Responsibilities
Upon notification, the Watch Commander shall immediately respond to the scene and
assume responsibility of the operation as the Incident Commander, unless otherwise
delegated.
Ensure the incident is documented in the Watch Commander Log including date, time,
and circumstances of the deployment.
Ensure all proper notifications are made.
Consider SWAT when the rifle is deployed.
Loading and Unloading the AR-15 Rifle
The weapon is only to be loaded or unloaded during deployment at an incident.
When loading the rifle in the field, the officer deploying should attempt to do one of the
following while chambering a round, when feasible:
Have the muzzled pointed at an object that will absorb the round in the event of
accidental discharge or weapon malfunction
Point the muzzle at grass or dirt
Point the muzzle at a large tree trunk
When unloading, the same practices mentioned above should be utilized.
Reporting Procedures
The date, time, and circumstances of the AR-15 deployment will be entered into the
Watch Commander Log whether or not the weapon is actually fired. The log entry shall
also include the dispatch number and information relative to the arrest of the suspect.
When the weapon is fired, personnel shall adhere to established policy. Each AR -15
deployment, not resulting in the discharge of the weapon, shall be reviewed by the
Tactical Operations Committee to ensure compliance with this policy and to identify
training needs. If the AR-15 is discharged during a deployment, the Shooting Review
Board will perform the review.
Equipment
Officers who legally own their own AR-15 rifles, have successfully completed the AR-15
course, and are current in their AR-15 qualification may deploy the rifle in the field within
the guidelines of this policy. The rifle must be outfitted with equipment described within
the policy. Officers will be required to purchase a scope, sling, magazine and
deployment ammunition approved by the department.
Officers who have successfully completed the AR-15 course and are currently qualified
will be allowed to purchase a rifle with a Department letter. The rifle must be equipped
with a 3-point, 2-point, or single-point sling, scope and at least two 30-round magazines.
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Officers will be required to qualify with their own rifle and have all of the accessories
attached to verify the rifle operates and is sighted in properly. The configuration of the
rifle will be documented and no changes can be performed wi thout inspection by the
AR-15 Cadre. The qualification must be performed with duty ammo and the rifle must
not have any malfunctions. If the rifle is found to be inoperable, the officer will be
required to have the necessary repairs made and re -qualify, meeting all described
standards.
Officers can only purchase and deploy weapons with barrel lengths of 16” to 20” and
30-round magazines, in caliber .223/5.56MM, with a Department letter.
The Department requires all officers deploying their own rifles to affix a quality scope. If
a red dot electronic scope is affixed, the officer must have a co -witness, dual sight
system that employs fixed or flip up sights. This would ensure that the rifle is deployable
even if the electronic scope is inoperable.
A list of approved manufactures will be maintained by the Range and the AR -15 Cadre.
The following criteria for the selection of an approved manufacture must be met:
Rifles
Manufactured AR-15 rifles for over 3 years
Established a good reputation in the firearms community
Produced over 1000 units
Scopes
Manufactured scopes for over 3 years
Established a good reputation in the firearms community
Produced over 1000 units.
If available, the department may issue department-owned rifles to qualified personnel.
The rifles will be configured to the standards outlined in the policy.
All rifles must be inspected by the AR-15 Cadre. No rifle can be deployed until all of the
equipment is acquired and inspected.
Magazines
Officers will be required to purchase 30-round high quality magazines. The magazines
must be inspected by the AR-15 Cadre. No drum magazines will be allowed, except for
SWAT. The AR-15 Cadre must approve any other types of magazines.
Light Mounts
Light mounts can be added to the AR-15 only after receiving the prescribed training.
The light mount must be of good quality and units with momentary switches, constant
“On” switch capabilities and lock “Off” ability should be considered. The light mount
cannot be deployed until it is approved by the AR-15 Cadre.
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Ammunition
The authorized AR-15 is the Winchester 55 Grain Ballistic Silver-Tip. If other rounds
become available that are more advantageous or the current round is no longer
available, the AR-15 Cadre can authorize the usage of an alternative.
Magazine Pouches
Officers may carry a magazine pouch with additional magazines. The type of pouch will
be one that quickly attaches to the officer’s gun belt when the rifle is deployed. The
pouch can only be worn during an AR-15 rifle deployment. A “rapid response bag” may
also be utilized and can be worn during deployment.
Unauthorized Equipment
The following items will not be allowed or approved for deployment:
Forward pistol grips
Bipods or mono pods
Selection Process
Commanders from Divisions who deploy field units should consider the following when
selecting personnel to attend the Patrol Rifle Course:
Shift coverage of qualified Patrol Rifle officers
Highly motivated officers
Officer’s handgun qualification score
Officer’s safety while handling all firearms
Minimum of two years experience
Prior military or SWAT experience
Weapon Maintenance
The Range staff, AR-15 training cadre, or trained division personnel, will ensure
department owned AR-15 rifles are inspected on a regular basis and in good working
order. That includes regular oiling of the weapons and checking the sites/scopes for
accuracy. Officers who deploy their own rifles are required to maintain the rifle and keep
it in good working order.
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Instruction Guide 32
HIT AND NO HIT SHOOTING PROCEDURES
8.1.2 Firearms – Discharge resulting in no-hit
Firearms Procedure Following a No-Hit Shooting
The following procedures shall be adhered to whenever an
officer(s)/employee(s) discharges a firearm either in or out of the City limits while
ON- or Off-Duty, which does NOT result in the injury or death of an individual.
This policy does not apply to discharging a firearm for training or recreational
shooting
The involved officer(s)/employee(s) shall notify the on-duty Supervisor
immediately or as soon as circumstances permit, but no later than the
conclusion of the current work shift. The advised Supervisor shall notify the
Watch Commander and Division Commander. If the incident occurs off -duty,
officer(s)/employee(s) shall notify the Watch Commander as soon as time and
circumstances permit
The Patrol Division Supervisor and Watch Commander shall proceed to the
shooting location, evaluate the incident and notify the Homicide On -Call Team,
when applicable. If the shooting is off -duty and out of jurisdiction, when practical,
proceed to the shooting location and complete an after action report. In the case
of an off-duty, out of jurisdiction hit-shooting, follow hit shooting guidelines,
Manual Section 8.1.3
8.1.3 Firearms – Discharge resulting in injury or death
Officer/Employee Responsibilities
If an on-duty officer/employee discharges a firearm that results in injury or death, he/she
shall notify his/her Supervisor or a Field Supervisor, immediately, or as soon as
circumstances permit. The Supervisor shall verbally notify the Watch Commander. The
Watch Commander shall make all appropriate notifications including the
officer's/employee's Division Commander.
If an off-duty officer/employee discharges a firearm that results in injury or death, he/she
shall notify the Watch Commander, immediately, or as soon as circumstances permit. If
the incident is within the Long Beach Police Department's jurisdiction, the shooting shall
be handled consistent with procedures for handling an on -duty shooting.
Officers/Employees, whether on or off -duty, shall notify the Watch Commander as soon
as practicable when involved in a no-hit shooting.
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Watch Commander Responsibilities
If an officer(s)/employee(s) is involved in a hit-shooting, on or off-duty the Watch
Commander shall notify the Homicide Supervisor or designee and On-Call Homicide
Team who shall respond to the location and, if within the Department's jurisdiction,
assume control of the investigation. If the shooting is beyond the jurisdiction of the Long
Beach Police Department, the Chief of Police or his designee shall determine whether
personnel should be sent.
The Watch Commander, where feasible, will respond or dispatch a Field Sergeant and
other personnel, as required, to the scene to perform the duties outlin ed in support of
the officer(s)/employee(s) and to ensure the officer(s)/employee(s) remains at the
scene, unless injured, until the Homicide Supervisor or On -Call Homicide Team arrives.
Firearms Procedure Following a Hit-Shooting
The initial responding Supervisor and patrol officer(s) shall secure immediate medical
needs and render other aid as required. The responding Supervisor and patrol officer(s)
shall also secure the scene to avoid alterations or contamination and to preserve all
physical evidence.
Under emergency circumstances where it is impractical to maintain the scene, the
responding Supervisor or patrol officer(s) shall collect all physical evidence, exercising
care to accurately record the location of each item. All relative reports shall be filed in
the Homicide Detail as soon as practical and submitted to Homicide for review. The
Homicide Supervisor or designated Homicide Investigator shall review collected
evidence prior to being placed into property.
Once the perimeter has been establish ed and secured, the Supervisor in charge shall
designate a Supervisor or peer officer to provide security for, and attend to, the needs of
the employee(s) involved in the shooting.
The designated peer officer shall remain with the employee(s) throughout th e
investigation, including during the filing of reports. (The peer officer shall not
participate in the filing of reports)
The involved employee(s) shall not be left alone
The involved employee(s) shall, except under extraordinary circumstances,
remain in the immediate area
The involved employee(s) shall, under normal circumstances, retain his/her
weapon and ammunition, secured in its respective holster until relinquished to a
Homicide Investigator. The weapon shall not be opened, loaded or unloaded
prior to examination by a Homicide Investigator
Except under extraordinary circumstances, civilian witnesses shall remain in the
immediate area of the shooting accompanied by officer(s). Officers shall obtain proper
and complete identification and a statement as to what the witness observed. The
witnesses shall be released and/or transported to the Station only at the direction of the
Homicide Supervisor or designated Homicide Investigator. The civilian witness
statements shall be recorded on audiotape, whenever possible.
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Potential Violation of Department Policy
The Deputy Chief of the Investigations Bureau shall be notified of all officer involved
hit-shootings and he/she or his/her designee shall respond to them unless unable due
to special circumstances. The Deputy Chief will also assume the role of the ranking
Command Officer on scene for determining potential policy violations and coordinating
with the Incident Commander and Homicide Supervisor as to calling out Internal Affairs.
Internal Affairs, upon arrival, shall consult with the Homicide Supervisor or designated
Homicide Investigator prior to initiating an administrative investigation that shall not
interfere with and shall follow the OIS investigation.
Department Psychologist
All officers involved in a hit shooting will be required to interview with the Department
Psychologist. The Homicide Supervisor or designated Homicide Investigator will call the
Department Psychologist. Only under extenuating circumstances should the Field
Supervisor in charge request the Department Psychologist to the scene.
The Department Psychologist, in conjunction with the Homicide Supervisor, Deputy
Chief of the Investigations Bureau, and/or Division Commander/Duty Chief, will
determine the subsequent duty status of the invo lved employee(s). The Homicide
Supervisor will advise the employee and his/her Division Commander of the decision
regarding return to duty status.
The support personnel, such as witness employees and dispatchers, may be included in
the psychological interviews. It is recommended that all involved officers participate in
follow-up interviews with the Department Psychologist.
Police Officers Association (POA) Representative or Attorney
If requested by an officer involved in the shooting, he/she will be ent itled to a Police
Officer Association Representative or Attorney of his/her choice prior to the
investigation. A reasonable amount of time, as determined by the Homicide Supervisor
or designated Homicide Investigator will be allowed for the officer's repre sentative to
arrive; however, undue delays will result in proceeding with the investigation.
After the officer agrees to talk with the Homicide Investigators, the representative or
attorney may be present during the consultation with the involved officer(s), concerning
the facts of the incident. If, in the opinion of the investigators, the representative or
attorney becomes disruptive, the process may be terminated. The involved officers are
responsible for documenting their statements and are not intervie wed by OIS
Investigators. They will not be audio or video-recorded.
The officers shall prepare a statement on an Investigative Follow -up Report. If an officer
is unable to write a report the Supervisor or Homicide Investigator will coordinate the
filing of a report at a later time.
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The officer's attorney or POA representative shall not be present, nor participate, in the
filing of relative police reports. The POA representative may go to the station with the
involved officer to provide food and beverages if needed.
If the shooting officer invokes Miranda Rights or refuses to give a statement for any
reason, the investigation will continue to a conclusion. The Homicide Investigators will
advise the involved officer as follows:
"We will conduct our investigation without your input and when completed, the
available facts will be presented to the District Attorney's Justice System Integrity
Division for review and determination of criminal violations"
Public Information Officer Responsibilities
Identify all media representatives and coordinate logistics
Obtain preliminary information from the Homicide Supervisor, Homicide
Investigator, or the Incident Commander for release which includes:
o Acknowledgement that an incident did occur & general dispatch informati on
(i.e., time, type of call, etc.)
o Limited suspect information (i.e., adult/juvenile, gender)
o Time/location of incident
o Status of assigned Homicide Investigators (i.e., on-scene, en route)
o Further details may be forthcoming
Prepare Press Release and obtain final approval from the Homicide Supervisor
or their designee, prior to its release
In situations where there is an administrative review of an officer’s actions, whether that
is an internal affairs review, a shooting/in -custody death review board, or an accident
review board, the officer’s name will not be released to the press absent his/her
consent.
Officer(s)/Employee(s) Involved - Procedures
The Homicide Supervisor or Homicide Investigators shall not under any circumstances
offer an involved officer immunity through the Lybarger process. The
Officer(s)/employee(s) involved in a shooting is required to provide the on scene
supervisor, on-scene Homicide Supervisor and Homicide Investigator with information
relative to public safety (i.e., weapon used, number of shots fired, trajectory, suspect
information, et cetera).
There may be cases when it is necessary to interview the involved officer. Subsequent
to the completion of the relative OIS reports, an interview (questions and answers) by
Homicide and/or Internal Affairs investigators may be required.
In cases when the involved officer has refused to make a voluntary written statement, or
answer question by Homicide Investigators, the officer can be compelled to answer
questions by Internal Affairs Investigators. This will occur with the approval of the
Homicide Supervisor after the completion of the Homicide investigation. The officers to
be interviewed shall be afforded the Public Safety Officer Procedural Bill of Rights (3300
California Government Code), and the interview shall be audio recorded.
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8.1.4 DISTRICT ATTORNEY’S OFFICE RESPONSE TO OFFICER-INVOLVED
Shootings, Hit Cases & In-Custody Deaths
The Department will participate in the District Attorney’s (DA) countywide program
whereby a District Attorney Team, consisting of a Deputy District Attorney and an
investigator, will respond, at their discretion, to the scene of all officer-involved
shootings that have resulted in a hit and those incidents where a person has died while
in custody. The District Attorney Team will not interview any officer involved in those
incidents. The District Attorney has agreed to accept the Long Beach Police
Department’s reports as the statements of the officer involved and as the statement of
any Police Officer witness.
At the Scene
It shall be the responsibility of the assigned LBPD Homicide OIS Supervisor/Investigator
to coordinate the investigation by LBPD and the District Attorney’s Special Investigation
Detail (DA SID) personnel.
As soon a practicable, and consistent with LBPD requirements, the Homicide OIS
Supervisor/Investigator shall:
Call DA Command Post
Provide DA SID personnel with a briefing of the information available
Provide a location for the DA SID Team within the crime scene to observe the
crime scene investigation. However, the DA SID Team shall not enter the scene
until escorted by Homicide OIS Supervisor/Investigator
NOTE: The Long Beach Police Department shall provide the DA SID Team a clear view
of the physical evidence within the scene and allow them to observe the investigative
work performed by LBPD personnel. Upon request and prior to any evidence being
removed, LBPD shall allow DA SID personnel to inspect the physical evidence found at
the scene
Provide a comprehensive walk-through of the scene for the DA SID Team and
take additional photographs, measurements, etc., as requested. The walk
through shall include the explanation of the incident and the identification of all
civilian and sworn witnesses and principals, and their whereabouts. Additionally,
any other information that might assist the DA SID Team in their function at the
scene, shall be included in the walk-through briefing
At the Station
The LBPD Homicide OIS Supervisor/Investigator shall continue to coordinate the
LBPD investigation with the DA SID Team Investigators
The DA Team may be present during Homicide Detectives Interviews of civilian
witnesses. The DA Team will not be allowed to ask questions during the initial
interview phase. Once Homicide Investigators have finished with their initial
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questioning, they may ask the DA Team if they have any further questions.
These interviews will be taped
LBPD Homicide will contact the DA Team regarding any subsequent interviews
following the date of the incident. The DA Team will b e present for these
interviews at their discretion
The Homicide OIS Supervisor/Investigator shall make every effort to apprise the
DA SID Team of the investigation’s progress
Off-Duty Officer-Involved Shootings
If the shooting occurs within LBPD geographic jurisdiction, the shooting shall be
handled in accordance with the guidelines set forth in this directive If the
shooting occurs in Los Angeles County, the outside agency shall have primary
responsibility for investigating the shooting. It is not necessary to notify the Los
Angeles DA SID staff. The LBPD Homicide OIS Supervisor and Homicide
Investigators shall be notified and respond in accordance with this directive
DA/LBPD Guidelines for Responding to In-Custody Death Incidents
The procedures followed in an in-custody death shall be consistent with those
for handling officer-involved shooting, hit cases. A DA Team will not always
respond to in-custody death incidents. The decision to respond will be based on
the circumstances of the incident and will be made by the DA’s office
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Instruction Guide 33
1ST AMENDMENT AND CROWD CONTROL
First Amendment Rights
“Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech , or of the press; or the right of
the people peaceably to assemble, and to petition the government for a redress of
grievances." -First Amendment to the Constitution
Speech
The First Amendment says that people have the right to speak freely without
government interference.
Press
The First Amendment gives the press the right to publish news, information and
opinions without government interference. This also means people have the right to
publish their own newspapers, newsletters, magazines, etc.
Religion
The First Amendment prohibits government from establishing a religion and protects
each person's right to practice (or not practice) any faith without government
interference.
Petition
The First Amendment says that people have the right to appeal to government in favor
of or against policies that affect them or that they feel strongly about. This freedom
includes the right to gather signatures in support of a cause and to lobby legislative
bodies for or against legislation.
Assembly
The First Amendment says that people have the right to gather in public to march,
protest, demonstrate, carry signs and otherwise express their views in a nonviolent way.
It also means people can join and associate with groups and organizations without
interference.
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TB 36 – FUNDAMENTALS OF CROWD CONTROL
Introduction
Law enforcement officers are often required to manage large groups of people. When
performing this task, officers must remember that the United States Constitution
guarantees the right to lawful assembly a nd freedom of speech. Additionally, officers
must balance the rights of the group with those of the people outside the group, whose
rights may be infringed upon. The goal is to manage a peaceful assembly, preserve the
public peace, and protect property and lives.
Crowd Control
General principles of crowd control include:
Identify the nature and the objective of the crowd and event
Plan for all contingencies and attempt to establish liaison with crowd leaders
Have adequate officers available to handle the crowd, plus a reserve force for
emergencies
Establish a command post away from the crowd
Have the necessary equipment and vehicles at the command post
Establish boundaries to control crowd movement and control ingress and egress
Isolate and quickly remove law violators
Establish a press information area away from the command post
Crowd Dispersal
Once a crowd situation has escalated it must be contained, controlled and if necessary,
dispersed. Officers should first respond to the command post where a plan of action will
be developed. This command post should be away from and out of sight of the crowd.
Once a plan has been decided upon, officers should be sent to positions where they
can control avenues of ingress and egress to the crowd.
Once the crowd has been contained dispersal can begin. Dispersal should be
accomplished systematically. The area should be divided into sections and cleared one
section at a time. Once an area has been cleared it must be controlled by an officer to
prevent return of the crowd. Tactics for clearing areas are dictated by the terrain and the
nature of the crowd. Be certain to have clear dispersal routes to allow the crowd to
leave the area.
Dispersal Areas
Before attempting to break up any crowd it is necessary for officers to give a dispersal
order. The dispersal order provides the legal basis for any further actions and is one of
the elements necessary for arrest for 409 PC. The order and any subsequent arrests
should be viewed as a last resort when attempts to negotiate with crowd leaders have
failed. The order shall be given over a public address system to ensure that all crowd
members can hear. Officers shall be staged at the rear of the crowd to ensure that the
announcement was audible. It is helpful, for prosecution purposes, to have officers that
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can testify that the announcement was clearly audible. When possible, the order should
be given over the radio so the Communications Center can record the order. If possible,
tape record or videotape the dispersal order.
Set a reasonable time limit based upon the size of the crowd and the availability of
dispersal routes. Once the crowd begins to break up, separate those members who are
unwilling to follow the dispersal order from those who are following instructions. Do not
give a dispersal order unless you have the present ability to enforce it, with arrests if
necessary. A copy of the dispersal order is contained in the Patrol Reference Manual
and is provided here for your reference:
"I am (Your name and rank), a police officer for the City of Long Beach. I
hereby declare this an unlawful assembly and in the name of the people of
the State of California, command all those assembled at (give a specific
location) to immediately disperse. If you do not do so, you will be arrested.
Section 409 of the Penal Code prohibits you from remaining present at an
unlawful assembly. The following routes of dispersal are available
(provide routes). You have (a reasonable period of time) minutes to
disperse."
Passive Demonstration Issues
A crowd composed of passive demonstrators poses a different problem to law
enforcement. Passive demonstrators will not offer active resistance to officers. The goal
of a passive demonstrator is to gain publicity and sympathy for their cause from the
media. To do this they will attempt to gain attention through a staged demonstration.
Generally, passive demonstrators will attempt to interfere with lawful business or block a
major thoroughfare. The demonstrators will attempt to occupy a large volume of police
resources for as long as possible and possibly culminate the demonstration through one
or more arrests.
Once authorities decide that business has been disrupted, or one or more laws have
been broken, it is necessary to give a dispersal order. After givin g this order and
eliminating the possibility of negotiations with the crowd's leaders, officers must be
prepared to make mass arrests. If it becomes necessary to make arrests, an emergency
field booking unit should be in place.
Before beginning arrests, officers must isolate the demonstrators. This can be
accomplished by placement of officers, barricades and barrier tape. Isolating
demonstrators makes the task of arresting passive demonstrators easier. The
demonstrators will be unable to receive out side support or reinforcements.
Once the decision is made to make arrests, officers should be formed into arrest teams
and, as needed, separator teams. Separator teams, composed of two officers and a
supervisor, or three officers, must be skilled in the use of pain compliance holds. The
separator team will identify the next demonstrator to be arrested. If the demonstrators
are linked together, they will separate them, using pain compliance techniques, if the
demonstrators resist.
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Arrest teams will ideally consist of two officers and a supervisor, however, if a
supervisor is not available, three officers will suffice. More officers may be added as
needed to facilitate the carrying of demonstrators who refuse to walk. The role of the
supervisor is to contact each demonstrator before his arrest and attempt to persuade
him to cooperate with his arrest. There is no hurry in this arrest process. It is important
that it appear as orderly as possible. It is also helpful to provide the media with a
vantage point to observe these arrests. The public must view the actions of the officers
as reasonable and professional. Arrestees, once in custody, will either be escorted or
carried to the field booking area.
Equipment
Law enforcement officers at a crowd control scene need specialized equipment to
perform their mission safely. Basic uniform items can meet some needs. These include:
Per Department policy, full uniform with badge and nametag
Ballistic vest will provide protection from blunt force trauma caused by thrown
objects
Baton, either standard or the longer riot baton
Handcuffs and/or flex-cuffs for arrests
Department issued safety helmet with face shield
Department issued gas mask
Use of Police Service Dogs
Police service dogs (K-9) can perform valuable functions in assisting officers at the
scene of crowd control problems. The primary benefit of the K -9 is the psychological
advantage that they provide. People in general are afraid of the K -9; this fear can be
used to move a crowd. The limitation of the K -9 is that it is only deployed when "officer
safety" is a primary concern. The on scene supervisor makes the decision of whether to
use the K-9 or not. The handler has the final authority to decide when and how the K -9
is deployed.
Examples of proper K-9 use are:
In a crowd control situation, the K-9 can be used behind a squad or platoon
skirmish line to act as a back-up to the line. The threat of the K-9 prevents crowd
members from penetrating the line. Any crowd member penetrating the line is
viewed as a threat to off icer safety and subject to K-9 apprehension
In a crowd control situation, the K-9 can be used on the flanks or sides, of a
squad or platoon formation. The threat of the K -9 prevents crowd members from
moving against the sides of the formation, or to the rear of the formation. Any
crowd member moving behind the formation is viewed as a threat to officer
safety and subject to K-9 apprehension
In a riot situation, the K-9 can be used as described above. Additionally, the K -9
can be used in front of crowd control officers where there is an increase risk to
officer safety or when the necessity of rapid movement of a crowd dictates the
increased likelihood of K-9 apprehension
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The goal when using the K-9 in crowd control is to enhance the effectiveness and safety
of the officers. It is not the goal to use the K-9 in apprehension, unless absolutely
necessary. The K-9 can only be deployed to apprehend one member of the crowd at a
time. Once the K-9 is deployed to apprehend, its psychological deterrence against other
members of the crowd is greatly reduced, therefore use of a K -9 should be your last
step for apprehension.
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Instruction Guide 34
PROPER HANDLING OF PRISONER PROPERTY (TB 205)
Purpose
The purpose of this Training Bulletin is to provide accountability for prisoner’s property
when booked into the jail.
Procedure
The following procedures will be adhered to when processing prisoner property.
Booking
Upon arrival in booking, every officer transporting a prisoner will collect any property
belonging to that prisoner. Each officer shall confirm that they have included any
property that may have been retained in the field, together with property removed from
the prisoner, and place into the plastic trays provided in booking.
After completing the booking work sheet, the searching officer shall note each item in
the plastic tray on the booking work sheet under the title of prisoner property. These
items shall then be placed into a clear plastic bag.
Search and Property Inventory
It is recommended that only one officer begin and complete the searching
procedure in order to avoid any missed areas
All property removed from a prisoner shall be noted on the booking worksheet
All loose property will be placed in the provided, clear plastic bag. Property that
does not fit into the clear plastic bag will be sent to fifth floor property room with
the appropriate property report being filed and appropriate notation made on the
booking worksheet
All shoelaces shall be removed from the prisoner’s shoes and placed into the
clear plastic bag
No lighters, matches, open packs of cigarettes or tobacco products shall be
placed in the plastic bag (unopened, sealed packs of cigarettes or tobacco
products are the only exception)
All batteries shall be removed from pagers and cell p hones, they should not just
be turned off
Jewelry shall be identified on the booking sheet and placed in the special
envelopes provided
All medication shall be placed into the plastic bag, no medication, prescription or
otherwise is to be brought to the jail
Special items such as collectible coins, currency, food stamps or checks shall be
placed into the plastic bag with the loose property
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Cash
All money belonging to the prisoner shall be placed into the provided envelope
after being counted by the searching officer
The searching officer shall ask the prisoner if he/she has any money concealed
on their person
The searching officer shall complete the required information located on the
outside of the envelope and then give the envelope to the booking supervi sor
The booking supervisor shall ensure that the cash count is accurate, initial and
seal the envelope with clear tape
The booking supervisor shall return the envelope to the searching officer who will
retain it until the envelope is sealed into the plastic bag
The searching officer will ensure that the prisoner’s booking number is written on
the cash envelope
The searching officer must also write the amount of cash on the booking sheet
and be sure all counts listed are the same on the booking worksheet, on the cash
envelope and on the final booking face sheet
Sealing the Bag
All loose property, including the jewelry envelope, will go into the lower portion of
the plastic bag
The pink copy of the completed booking slip shall be placed in the lower portion
of the bag in a manner that the prisoner’s name, booking number and money
deposited, can be read. The lower portion will be sealed
The cash envelope shall be placed in the top portion of the bag and sealed
separately from the loose property
It is the booking supervisor’s responsibility to ensure that the money is counted
properly and that the plastic bag is sealed correctly before the bag is placed into
the safe
Any property that does not fit into the plastic bag, for example, large back packs, large
purses, etc., will be inventoried and placed into the fifth floor property room. The correct
property form will be filed with a receipt copy being placed in the plastic bag to ensure
that the prisoner can locate his/her property when released.
When a prisoner’s bicycle is placed into property, a property report will be filled out, a
copy attached to the bike and a copy placed in the prisoner’s plastic bag. Bicycles do
not remain at the station; they are taken to the bicycle warehouse. Paperwork indicating
the bicycle has been stored is necessary for the subject to locate the bike when he/she
is released.
Any property or money that is kept as evidence also needs to be indicated on the
booking sheet.
It is the responsibility of every searching officer to be certa in prisoner’s property is
correctly collected and stored.
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8.2.9 Prisoner’s Property
Occasionally, individuals arrested and booked into the jail have property that cannot be
stored in the Booking Desk safe. These items, such as luggage, backpacks or othe r
large items, must be stored as prisoner’s property and held until the subject is released
from jail. It shall be the responsibility of the arresting of the arresting officer to store the
property and file a “Report of Property” report, (PD Form 2240.009A , Rev. 4/99). The
report will be marked to indicate “Prisoner’s Property” and the subject’s booking number
entered in the appropriate box.
The Property Clerk shall printout a receipt for the prisoner’s property and immediately
forward it to the Booking Desk. Booking Desk personnel shall place the receipt in the
plastic bag with the prisoner’s personal items located in the Booking Desk safe.
Property will hold bulk prisoner's property for ninety days unless notified by the prisoner
in writing. Once notified the property will be held for a total of one year.
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Instruction Guide 35
MENTALLY ILL PERSONS
Police officers often encounter or are called upon to determine whether or not a person
needs to be hospitalized under the criteria of §5150 Welfare and Institutions Code
(WIC) or §5585 WIC (juvenile). During an encounter with a person who is possibly
mentally ill, officers must use the safest, most effective way to handle the person. As
with all persons contacted by the police, those suspected of being mentally ill will be
treated with respect.
Legal Responsibilities
Mental illness is not a crime. §5150 WIC provides that when, as a result of mental
illness, a person is a danger to himself or others, or gravely disabled, he/she may be
held for treatment and evaluation in a County designated facility for 72 hours. “Gravely
disabled” means the individual is unable to provide for basic personal needs of food,
clothing and shelter. In the case of 5585 WIC (minors), gravely disabled is defined as
unable to utilize the food, clothing, and shelter provided by others. Dangerous or gravely
disabled persons may be detained for treatment with or without a court order.
§5150.05 WIC - Became effective January 1, 2002 and states that officers shall
"consider available relevant information about the historical course of the persons
mental disorder" when considering probable cause for a 5150 hold on the subject. This
means that officers do not have to personally observe the behavior leading to a
determination that the subject is 5150. Available relevant information can come from:
Prior police contacts, e.g., call history or the officers own knowledge
Mental health professionals or treatment providers responsible for the subjects
care
Family and friends
Relevant questions to ask include, but are not limited to:
When the person had previous episodes, what happened?
Did the person become violent?
What does the family or treatment provider say occurred during previous similar
episodes?
What was occurring before the officer's arrival?
Mental Evaluation Team (MET)
A Mental Evaluation Team is a unit comprised of a sworn police officer and a licensed
clinician that specializes in dealing with the mentally ill. The Police Department currently
fields two MET units both assigned to W atch three. If on duty and available, the MET
unit will be dispatched to calls involving possible mental illness. If the MET is not
available, patrol units will handle such calls.
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Field Response
The following are steps to be taken when encountering mentally ill subjects in the field.
Make the scene safe - safety is always paramount. Ensure that the subject has
been searched, and that the area is free of weapons and potential weapons. (If
there is any indication the subject will become violent, handcuff th e subject.)
If necessary call for assistance, don’t hesitate. You can easily cancel help if it’s
not needed
If you think that the subject will become violent, ask for additional units
If there is a medical consequence of any kind, ask for paramedics. In an y
situation where there is an immediate medical consequence, paramedics will
take over
If there is a MET unit in the field, request that they respond to the scene
Try to provide the MET unit with an FI card complete with the subject’s social
security number, diagnosis, and medications taken
If there is a Medi-Cal card, or other insurance card, turn that over to MET; the
social security number is key when checking to see if a person has Medi -Cal
Encounters on Private Property
When officers receive a call regarding an emotionally ill or mentally disturbed person,
they will normally be invited onto the premises by the property owner or by a relative or
friend of the disturbed person. The mere complaint of a neighbor does not give the
Police authority to enter the disturbed person’s residence. However, if the officer has
reasonable cause to believe that the disturbed person is gravely disabled or a danger to
himself or others, then entry is allowed and may be necessary.
Conducting an Investigation
If there is no MET unit available, officers may be called upon to investigate. The
investigation should cover the following areas:
Whether or not the person has a mental disorder
Whether or not the person meets the criteria of 5150 WIC
o Danger to self
o Danger to others
o Gravely disabled
Determining the best/most practical facility to transport the person to if
hospitalization is necessary
If the subject has a mental disorder but is not 5150, voluntary commitment may
be an option
Contact the subject’s family members, friends, or other reporting parties, such as
mental health services, to find out the reason that they called for assistance:
o Ask them to describe the subject’s behavior now and in the past
o Ask if there is a psychiatric history, if there are/were any medications
taken by the subject and if they are/were seeing a psychiatrist,
psychologist, counselor, or other physician
o Ask if they know if the subject has a diagnosis
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o Determine when the subject was last hospitalized and at what hospital
o If all of these questions are answered, you will be well on your way to
making an informed decision about what to do with the subject
Interviewing the subject may be the most important part of your investigation. Even if
the person cannot or will not answer your questions, their be havior must be
documented in your report as to why the subject needed hospitalization. Your demeanor
and/or interviewing technique may determine the degree of cooperation given to you by
the subject. Your ability to be calm, confident, and an “emotional buffer” who exudes
patience and concern, is key. Consider using the T.A.C.T. communication model for
your interview.
T.A.C.T. MODEL
Tone – Calm and non-confrontational
Atmosphere – calm and controlled
Communication – Build rapport
Time – Slow the situation down
Obtain a complete FI, especially the social security number. Make sure that you have
eye contact. Many schizophrenics hear loud voices in their heads. They need to know
which voice you are. The “command voice” doesn’t usually work with the menta lly ill and
may only make the subject paranoid.
When interviewing a mentally ill subject:
Call them by name; it may help to relax the subject
Ask an open ended question like “what happened”. An open -ended question is
much less invasive than a closed question and it allows the subject to “vent.”
This will help calm the subject and provide you with information regarding the
subject’s behavior
Determine if the person’s behavior is due to a mental disorder and meets criteria for
5150 WIC. Questions should be asked which include, but are not limited to, the
following:
Do you have medical problems? What are they?
Are you taking medication? Which ones?
Have you ever seen a psychologist, psychiatrist or counselor? If so, did they
give you a diagnosis?
Do you know what day it is? (Day, month, year) Who is the President?
Do you know what city you are in?
Do you have a place to live? Where?
Are you able to provide food for yourself?
If we leave now, where are you going to go and what are you going to do?
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Answering the bulk of the above questions will determine if the person is a danger to
himself or herself, a danger to others (which includes numerous calls to 911), or gravely
disabled.
Criminal Acts
When a mentally disturbed person commits a felony or serious misd emeanor, he/she
must be charged with the appropriate crime. The individual should, if possible, be
booked at the station for the relevant Penal Code section. Once booked, a
determination will be made as to whether or not the subject can be housed at the
station. That determination will be up to the booking sergeant and jail supervisor. Los
Angeles County jail has a psyche ward and will accept in-custody prisoners on a 72-
hour hold. If the criminal charge is minor, the subject may be “released not booked”
(RNB) on the charges and then transported to the appropriate medical facility for a 72 -
hour hold.
Transportation
Transportation is necessary either when you determine that a person needs to be put
on a 5150 WIC hold, or when you are dealing with a person who does not fit the 5150
WIC criteria but who wishes to be hospitalized voluntarily. When a person who has no
insurance wants to be committed voluntarily, they should be transported to Harbor -
UCLA.
When dealing with voluntary commitment, a person who has Medi-Cal or other
insurance can be transported to a hospital that accepts their mental health benefits, has
in-patient psychiatry, and has a bed for the patient. That’s why it’s important to ask
about past hospitalizations.
Local hospitals that allow voluntary commitment with insurance:
Pacific Hospital
College Hospital
Bellflower Hospital
Kaiser, Bellflower
Kaiser, Harbor City
Community Hospital of Long Beach
Long Beach Memorial Hospital has no psychiatry department.
In Transit
When transporting 5150 WIC subjects to a medical facility, certain steps should be
followed to ensure the safety of both the officer and the subject.
Handcuff, safety belt, and hobble subjects as necessary
Use the minimum amount of restraint necessary to make the transport safely
A person being hospitalized voluntarily should not be handcuffed, but should be
thoroughly searched for weapons
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All subjects being transported to a medical facility on a 5150 WIC hold will be
transported by a two-officer police unit
If possible, call ahead or have the Communication Center call ahead and give
the hospital information on the subject. A private hospital may not have room
Keep blank 5150 WIC forms in your kit, and fill them out before you get to the hospital.
Tell the subject, calmly, but firmly, that you are concerned for their safety and are taking
them to be evaluated by a doctor. Even if they don’t agree with you, don’t try to deceive
the subject. They’ll remember if you lie, and you might be seeing them again.
Important Laws
In the past, many police officers have been taken advantage of because of their lack of
knowledge of the law regarding hospitalization of persons on 5150 WIC holds. §5150.1
WIC and §1799.11 Health and Safety Code are pertinent laws that are helpful to know
when dealing with hospital personnel.
§5150.1 Welfare and Institutions Code states that publicly funded hospital’s (Harbor -
UCLA) personnel will not delay a peace officer from returning to their duties, nor will
they question a 5150 WIC hold written in good faith. T his means that you cannot be
delayed or denied at Harbor-UCLA, no matter how busy or full they are. Be helpful, but
do not be compelled to stay longer than you have to. The Psych ER staff at Harbor
UCLA may direct you to take a patient to the Med ER for me dical clearance. If they
have made this evaluation, they have accepted the patient and he/she is their
responsibility. If you have delivered the patient and the hold and have briefed them, you
do not have an obligation to stay at the hospital. Ask the ER s taff to get the County
Police to watch the patient so that you may leave.
§1799.11 Health and Safety Code states that any physician has the authority to detain a
person for up to eight hours, for the purpose of getting them a psychiatric evaluation.
This has two positive implications for field personnel:
When an officer responds to an attempt suicide with Fire Department personnel,
once Paramedics have determined that there is a medical emergency (i.e.
overdose, severely slashed wrists, etc.), the officer need not file a 5150 WIC
report, but will file the appropriate suicide attempt report
There is no need for a police officer to respond to a hospital for the purposes of
writing a 5150 WIC on a person who is a patient in that hospital
In both cases, the emergency room physician has the authority to detain the patient for
the purposes of getting them evaluated by a psychiatrist at that hospital, or evaluated by
a Psychiatric Mobile Response Team (PMRT) from another hospital.
§8100 through 8104 of the Welfare and Institutions Code prohibit the possession of
weapons by mental patients including those persons taken into custody for §5150 WIC.
The prohibited weapons include any firearm or other weapon listed in the Penal Code
(i.e., nunchaku, antique firearms etc.) §8102 WIC mandates that officers confiscate any
prohibited weapons in the possession or control of hospitalized mental patients, mental
patients on leave from hospitals, or persons taken into custody for examination of their
mental condition. Note the reason the gun has been taken on the property sheet, this is
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a hold, not merely safekeeping. Weapons confiscated pursuant to 8102 WIC can only
be released from custody with an order signed by a Judge of the
Superior Court.
Conclusion
Though police officers are not Mental Health workers, we are first responders. Calls
involving the mentally ill are inevitable and a working knowledge of the laws, field
contact techniques, and available resources can aid us in being able to handle this type
of call effectively.
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Instruction Guide 36
SEXUAL ASSAULT RESPONSE TEAM (SART)
(MANUAL 8.1.15)
The Long Beach Police Department works in conjunction with Forensic Nurse
Specialists, YWCA and For the Child advocates, as well as the District Attorney’s Office
to provide a comprehensive approach to investigating sexual assaults. The Sex Crimes
detective will be notified of incidents reported within the first 24 hours of the crime
occurring and will determine, based on the totality of the circumstances, if they will
respond; however, a forensic exam can be conducted to retrieve evidence for up to 120
hours (5 days). Therefore, even if the Sex Crimes detective is not responding or the
victim reports the incident after 24 hours, the Forensic Nurse can still respond for up to
120 hours to conduct a forensic sexual assault examination if the victim wishes to have
such exam.
The Field Supervisor or his designee shall be responsible for notification of the on -call
Sex Crimes Detail Detective when advised of a felony sexual assaul t. If the Field
Supervisor or his designee is unable to call directly, the on -duty Communications
Supervisor will make the notifications as described below.
SART Call-Out Criteria
If any of the listed criteria are met, officers will contact a Field Supervisor and request a
SART detective be notified.
A felony sexual assault, excluding 261.5PC (unlawful sexual intercourse with a
person under 10) has occurred within the past 24 hours (excluding domestic
partner sexual assault – notify DART); or,
o For felonious sexual assaults occurring between 24 and 120 hours (5
days), contact the Forensic Nurse Specialists for a forensic exam
The sexual assault was of a sensitive nature (i.e. victim has serious physical
injury or appears to be the victim of a serial rapist). If the sexual assault is
determined to be of a serious or sensitive nature, the Sex Crimes Supervisor will
also be notified by the SART detective at the time of the SART notification
The attempted abduction of a child, where the primary motive is lik ely sexual
exploitation of that child. Response by the SART detective shall be at the
discretion of the detective. If motive cannot be determined, motive will be
assumed to be sexual exploitation of the child, based on numerous national case
studies (source: National Center for Missing and Exploited Children)
Sexual Assault incidents involving all Long Beach Police Department employees,
any sworn law enforcement officer (regardless of agency), any City of Long
Beach VIP, other VIP, or as requested by the Watch Commander
o Incidents involving a Long Beach Police Department employee require
notification to the Sex Crimes sergeant by the on call SART detective
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Field Supervisor Responsibilities:
Notify the Watch Commander
Obtain all available information from the officer regarding the crime, including the
age of the victim and relationship, if any, to the suspect
Between 0730 and 1700 hours, Monday-Friday, contact the Sex Crimes Detail at
(562) 570-7368
If after hours, or on a weekend, contact the designated d etective on their city-
issued cell phone first. If unable to reach at their cell phone, call their home
phone number to make contact
Brief the detective with all available information to enable him/her to determine
whether or not to respond, or to allow p atrol officers to handle under routine
reporting procedures
If the Watch Commander deems it appropriate due to the circumstances, he/she
may order a SART detective to respond
If a detective responds, the Field Supervisor shall:
Advise the officer to transport the victim to the SART Treatment Center and await
SART
In those instances where a sexual assault victim is at another hospital when
police are called and the victim is unable to be transported to the SART
Treatment Center because of injuries requiring hospitalization the SART
detective shall be so advised and will consult with the Forensic Nurse Specialist
regarding the location for the SART exam.
Contact the on-call Sexual Assault Nurse Examiner by calling Forensic Nurse
Specialists, at (562) 497-0147. Follow the directions on the voicemail and leave
your name, your LBPD phone number, and make a request for a sexual assault
examination. The on-call nurse will respond by phone within 15 minutes to verify
the information and the location
If the victim is 14 years or older, advise the Rape Hotline at (310) 764 -1403. Log
the time and the name of persons advised
If the victim is younger than 14 years old, page For the Child at (562) 291-6777.
Watch Commander Responsibility
Ensure the SART call-out is documented in the Watch Commander’s Log
8.1.16 SEXUAL ASSAULT EVIDENCE
Sexual Assault Evidence Kit
Forensic Nurse Specialists will maintain the supply of Sexual Assault Kits (SAK). The
kits are to be used to recover and preserve biological evidence from a sexual assault
victim.
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A Forensic Nurse Examiner shall examine victims of sexual assaults. The SART exam
shall be conducted at the SART Treatment Center except in extraordinary
circumstances (i.e.: injury to victim requiring hospitalization). In these instances, the
SART detective shall be advised and will consult with the Forensic Nurse Specialist
regarding the location of the SART exam (see 8.1.15)
After examination, the nurse will place the completed Sexual Assault Kit into the
evidence envelope, seal the envelope with the red evidence tag, and give it to the
investigating patrol officer or SART Detective.
The evidence will be tagged with the blue FREEZE tags as well as BIOHAZARD tags.
The kit shall be placed in the evidence freezer.
In the event that officers receive Sexual Assault Evidence Kits from another source,
such as other hospitals or police agencies, the same procedure is to be followed.
8.1.18 VAWA SEXUAL ASSALT EXAMS
In 1994, the Federal Violence Against Women Act (VAWA) was fir st signed into law
affording victims of sexual assault the right to a sexual assault examination at no
expense to the victim and without having to cooperate with law enforcement. California
Senate Bill (SB) 534 was created to bring California into complia nce with the Federal
law. Effective January 1, 2012, SB 534 amended Penal Code sections 13823.7,
13823.13, and 13823.95. The new California law implemented the following federal
VAWA requirements:
All victims of sexual assault who request a sexual ass ault forensic medical
examination shall be provided one, and the cost of the examination cannot be
charged directly or indirectly to the victim
No victim of sexual assault shall be required to participate or agree to participate
with the local law enforcement agency or the criminal justice system, either prior to
the examination, or at any other time
Cost of the sexual assault forensic medical examination shall be the responsibility of
the law enforcement agency in the jurisdiction where the alleged crime occurred
Healthcare facilities and/or examination teams cannot charge more than $300 for the
examination in which the victim is not willing to participate with a local law
enforcement agency
Law enforcement agencies can submit a reimbursement claim to the California
Emergency Management Agency for the $300 charge
The rationale for the Federal VAWA law and policy is:
From a healthcare standpoint, it is believed that more victims will seek medical
care after a sexual assault if they are not required to immed iately engage with
law enforcement to request a sexual assault forensic medical examination
From a criminal justice standpoint, it is believed that more victims will ultimately
choose to report to law enforcement after they have time to explore their options,
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work with a victim advocate, and develop the ability to overcome barriers to
reporting
Even though VAWA is designed to allow the victim to have a sexual assault exam without
the involvement of law enforcement, the State of California is a mandated rep orting state;
therefore, the Forensic Nurse Specialist is required to report the incident to law
enforcement. The victim, however, is not required to cooperate with law enforcement or
even speak to the officer if they do not wish to.
Forensic Nurse Specialist Responsibilities:
Conduct an abbreviated VAWA Sexual Assault Examination
Have victim fill out required paperwork
Notify Long Beach Police Department via Communications Center
Patrol Officer Responsibilities:
Take possession of the VAWA Sexual Assault Examination Kit from the Forensic
Nurse
File a Property Report, filling in the below listed information:
o DR #
o Date, time and location of occurrence (provided by Forensic Nurse)
o Victim name (this is not mandatory – if the victim wishes to remain
anonymous, use Jane/John Doe as appropriate)
o Finder (Forensic Nurse Specialist conducting the exam)
o Crime Class = “VAWA Exam” (do not list this as a 261PC)
o Narration = Chain of custody
o Evidence/Booking Officer name and DID
Handle the VAWA kit in the same manner as all other Sexual Assault Kits
If during or immediately after the VAWA forensic exam, the victim decides to file a police
report, the forensic nurse specialist will complete a full sexual assault exam and the
officer shall take a report following the standard guidelines for sexual assault reports.
The on-call SART detective shall be notified if this occurs during the notification timeline
documented in LBPD Manual Section 8.1.15.
Sex Crimes Sergeant Responsibilities
Track the VAWA Exam crime class via Tiburon
Review Electronic Disposition Requests from the Evidence Control Section and
dispo as appropriate, following state guidelines for destruction
Ensure crime class changed from VAWA Exam to the appropriate section if
victim comes forward to pursue criminal justice proceedings
Ensure the Evidence Control Section is notified of the change in crime class
status and new disposition benchmark
Assign case to Sex Crimes detective if victim wishes to pursue
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Sex Crimes Detective Responsibilities
If the victim contacts the police department within the two -year requirement and wishes
to proceed with criminal justice proceedings, the Sex Crimes Detail Detective will be
required to:
Interview and file a narrative DR, thoroughly documenting the victim’s state ment
and the circumstances of the incident
Submit VAWA Examination Kit to the Los Angeles Sheriff’s Department Scientific
Services Bureau for testing
Conduct a follow up investigation
Submit case to District Attorney or City Prosecutor’s Office for filing consideration
as appropriate
Evidence Control Section Responsibilities
State policy requires VAWA Examination Kits be stored in a manner consistent
with the requirements for Sexual Assault Kits (SAK)
VAWA Examination Kits shall be maintained on a two -year retention schedule
from the date of the incident
At two years, notify the Sex Crimes Sergeant via Electronic Disposition Record
(EDR) of the time limit
If approved by Sex Crimes Sergeant, arrange for disposition of VAWA Sexual
Assault Examination Kit in accordance with existing destruction procedures for
SAKs
TB 78 – SEX CRIME REPORTS – PART I – INDECENT EXPOSURE
Introduction
Some officers have experienced confusion when they interview a victim, witness, or
suspect in an indecent exposure case. To eliminate this confusion, the officer should
know the elements of the crime.
Indecent exposure – 314.1PC – Defined
“Every person who willfully and lewdly exposes his person, or the private parts thereof,
in any public place, or in any place where there are p resent other persons to be
offended or annoyed thereby is guilty of a misdemeanor.”
The key to this section is the “exposure” part of the incident. If a suspect is engaged in
lewd behavior by appearing to masturbate in public, but his penis is not expose d, then a
647(a)PC report should be filed. This section is a misdemeanor and states, “Every
person…who solicits anyone to engage in or who engages in lewd or dissolute conduct
in a any public place or in any place open to the public or exposed to public v iew.”
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Related Crimes
Annoying or Molesting Children – 647.6PC
When taking an indecent exposure report and the victim is a juvenile (under 18 years),
the crime could be classified as a 647.6PC, which reads: “Every person who annoys or
molests any child under the age of 18 years of age shall be punished by a fine not
exceeding five thousand dollars ($5,000), by imprisonment in a county jail not
exceeding one year, or by both the fine and imprisonment.”
The key to this section, as related to indecent exposure, is the word “ANNOY”.
Exposing the private parts could be annoying a child, however, if the suspect merely
exposes himself and leaves the scene, an indecent exposure report would be most
appropriate. If the suspect continually annoys the child by continued lewd remarks,
exposure, following the victim, etc., an annoying or molesting report would be in order.
Under these circumstances the type of report is left to the discretion of the officer. If in
doubt, an indecent exposure report should be taken.
NOTE: Mere exposure of a “private part” is not enough to complete this crime. The
exposure must be “willful” and “lewd” which generally means sexual in nature.
Arrests
If the suspect is apprehended at the scene of the incident, the victim can mak e a private
person’s arrest. This applies only if the elements of the crime are present and the
suspect is positively identified. If an officer observes the act, the officer then can make
the arrest.
Away from the scene
If a suspect is apprehended away from the scene shortly after the crime was committed,
the officer should not, under any circumstances, take the suspect to the victim’s
residence for identification. The best procedure is as follows:
Transport the victim to the scene for identification and arrest of the suspect
Obtain a complete name and address of the suspect, his/her place of employment and
hours of work, a very complete physical description, including hair style, description of
glasses, if worn, mustache, facial scars, nationality, complexion and color of clothing
If driving a suspect vehicle, the description would include year, make, color, license
number and any outstanding features, such as accessories, major dents and scratches.
Also note interior of vehicle, color of seats or co vers, color of dash, if unusual. Note any
items in vehicle, such as open road maps, newspapers, magazines or rags
The Crime Report
When composing the report, officers should be sure to list direct statements made by
the suspect to the victim. Also include what the suspect was doing with his hands
during the time of the incident. Officers should ascertain if the victim actually saw the
suspect’s private parts. Although it is not an element of the crime, the victim should be
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asked if the suspect’s penis was erect. This will assist the court in determining if the act
was lewd or lascivious.
TB 79 – SEX CRIMES REPORTS PART II – FORCIBILE RAPE
Introduction
A rape investigation is one of the most challenging tasks an officer can undertake.
Officers need to establish a relationship of trust and cooperation with the victim so the
assailant can be identified, apprehended, and successfully prosecuted. Fortunately, a
large percentage of rapes reported to the police involve little, if any, physical injury to
the victim. Because of this, the major task in the investigation is to prove that the sexual
act occurred “without consent.” Each incident should be handled as a rape and the
officer should not prejudge the victim based on his/her statements or the condit ions
under which the rape occurred.
Elements of Forcible Rape
261(a)(2) PC - Forcible Rape is an act of sexual intercourse accomplished with a
person not the spouse of the perpetrator, where it is against the person’s will by means
of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on
the person or another.
Victim Interview
The only way to determine if the elements of the crime exist is for the investigating
officer to carefully interview the victim. The officer must est ablish a rapport with the
victim through a professional and empathetic approach in order to help the victim
overcome feelings generated by the rape, such as fear, anger, and guilt. If the incident
involves a response by the Sexual Assault Response Team (SART), officers need not
conduct a detailed interview. The SART Detective will do a follow -up report. The
purpose of the initial interview is two-fold:
Establish the elements of the crime
Identify, secure and collect physical evidence
The most important aspect of the investigation is that all facts collected by both the
patrol officer and the SART Detective, if applicable, are incorporated in the finished
report.
Forensic Examination
When investigating a rape case it is essential to remember the importance of a timely
examination of the victim by a Forensic Nurse Specialist. If the incident occurred within
the past 24 hours, officers will contact the Field Supervisor and request that SART be
activated. The victim should then be transported to the SART Treatment Center (this
will be at a local hospital contracted by the City and Communications will have the
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current location on file). If the incident occurred between 24 and 120 hours (5 days)
and the victim is willing to submit to a sexual assault exam ination, officers will contact
the Field Supervisor and request the on-call Forensic Nurse Specialist respond to the
SART Treatment Center to conduct a forensic exam.
264.2(b)(1)PC requires a law enforcement agency to notify the local rape victim
counseling center whenever a victim of an alleged violation of section 261, 261.5, 262,
286, 288a, or 289 is transported to a hospital for any medical evidentiary or physical
exam. The Field Supervisor is responsible to ensure that notification is made.
Look for Evidence
Sometimes officers neglect to search the scene of the crime for evidence, e.g., alley,
yard, residence, etc. If the location is known, it should be carefully searched. Many
suspects have dropped articles from their pockets during the commission of the crime,
e.g., wallets, lighters, keys, etc. Officers should also look for DNA evidence and collect
sheets, blankets, clothing, and/or paraphernalia (foreign objects used to commit the
assault). If items collected potentially contain blood, semen o r bodily fluids, freeze as
soon as possible. If a suspect is arrested, his clothing should be placed into evidence.
Stains, blood, lipstick, powder, etc., may be found on them and prove to be valuable to
the investigation.
Preparing the Report
If the victim indicates that he/she does not want to prosecute, officers should file the
report as an “Information Only.” If the victim refuses to cooperate with the officer and/or
answer any questions regarding the assault, officers should follow the protocol for a
VAWA Sexual Assault Exam (see LBPD Manual Section 8.1.18). Pursuant to Section
6254 of the Government Code, officers shall inform the victim that his/her name will
become a matter of public record unless he/she requests that it not be disclosed.
Officers shall indicate in the report that the victim has been properly informed and shall
indicate his/her response.
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Instruction Guide 37
CHILD ABUSE INVESTIGATIONS
8.1.17 CHILD ABUSE RESPONSE TEAM (CART)
Officers will contact a field supervisor and request the Child Abuse Response Team
(CART) be notified if any of the following conditions exist:
The victim is treated at an emergency room by an emergency room physician or
admitted to the hospital due to serious suspicious injuries or suspected chi ld abuse
trauma and the suspect is one of the following:
o A parent, guardian, foster parent, or live -in partner of the victim’s parent,
guardian or foster parent
o A family member who resides in the victim’s home
o A babysitter
o Any caregiver of the victim
The victim is 17 years of age or younger, has been sexually assaulted within 24
hours of reporting, and the suspect is any of the above physical abuse suspects
The victim is any age, has been sexually assaulted within 24 hours and the suspect
is a juvenile
At the request of one of the following:
o Department of Children and Family Services (DCFS)
o Forensic Nurse Specialists
o Long Beach Unified School District
o For the Child (A non-profit child advocacy organization)
o Any medical professional
Two prior child abuse reports involving either the victim or the suspect
Child Abuse incidents involving all Long Beach Police Department employees, any
sworn law enforcement officer (regardless of agency), any City of Long Beach VIP,
other VIP, or as requested by the Watch Commander
o Incidents involving a Long Beach Police Department employee require
notification to the Child Abuse sergeant by the on call CART detective
8.4.9 SUSPECTED CHILD ABUSE REPORT – SCAR
Dispatching and Patrol Response
A Suspected Child Abuse Report or SCAR is a report generated through the
Department of Children and Family Services (DCFS) and cross -reported to law
enforcement agencies for investigation.
The DCFS Hotline receives information regarding suspected child abuse and generates
a SCAR. DCFS immediately, or as soon as practically possible, must cross report by
telephone, fax, or electronic transmission to the law enforcement agency having
jurisdiction over the case of any suspected child abuse or neglect [CPC §11166(I) and
§11166(j)]. Incidents involving abuse or neglect in the City of Long Beach are faxed to
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Long Beach Police Communications Center, where a patrol unit is dispatched to
investigate allegations of suspected abuse.
Definitions
Child – A person under the age of 18 years
Child Abuse or Neglect – Includes physical injury inflicted by other than accidental
means upon a child, sexual abuse of a child, willful harming or injuring of a child,
endangering of the person or health of a child, and unlawful corporal punishment or
injury of a child (CPC §11165.6)
SCAR – Suspected Child Abuse Report (DOJ form 8572)
Communications Center Responsibilities
The Communications Room Supervisor is responsible for retrieving SCAR reports from
the fax machine regularly during the work shift. All incoming SCARs shall be read and
reviewed by the supervisor to determine if the details in the report meet the criteria of
child abuse or neglect. SCARs that meet the criteria shall be forwarded to a dispatcher
who shall immediately enter a call for service on any allegation indicating suspected
physical abuse, sexual abuse or neglect of a child, according to current dispatch policy.
The dispatcher shall dispatch a field unit to investigate the SCAR and make notification
to the Field Supervisor.
If it is determined the location of the incident listed on the SCAR did not occur in Long
Beach, the Communications Room Supervisor shall notify DCFS Command Post of the
misrouted SCAR, and telephonically notify the responsible agency (CPC §11165.9).
Notification to the command post of the re-routed SCAR and the correct responsible
agency will be annotated on the SCAR.
All SCARs shall be faxed by the Communications Center to the Child Abuse Detail. If a
call is generated from a SCAR report, the call number and any notes sha ll be annotated
on the SCAR report.
The Communications Room Supervisor shall monitor the electronic transmission of
SCARs and notify the Child Abuse Detail sergeant if SCAR reports are not received via
fax within a 24-hour period of time.
Patrol Officer Responsibilities
The responding officer shall contact the child listed as the victim on the SCAR to
determine if child abuse has occurred. Upon suspicion that a child has been abused or
neglected, the responding officer shall conduct a thorough investigat ion of the alleged
abuse or neglect.
If the officer is unable to make contact with the victim, the officer shall make every
attempt to confirm the address listed on the SCAR is accurate. If the address is correct
but the officer does not make contact the officer will document in the call history that
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contact was not made. The officer shall notify the dispatcher that contact was not made
and identify a time when the SCAR should be reopened to attempt contact at a later
time. The officer shall document all information in the call history and the SCAR will be
closed with No Disposition/ND. When the SCAR is reopened a field unit will be
dispatched to continue the investigation. The original call will be reopened through the
communications center.
If the officer determines the child is at another location such as school or daycare the
officer must respond to that location if it is within the City of Long Beach to contact the
child. All attempts to contact the child should be documented in the call history.
If contact is not made with the victim and the officer has exhausted all attempts to locate
the victim, the officer shall notify the Field Supervisor and document it in the call history.
The Field Supervisor shall notify the Watch Commander and a Watch Commander Log
entry will be made when a SCAR is closed without making victim contact. In no event
shall a SCAR be closed when contact is not made with the victim without Watch
Commander approval.
Field Supervisor Responsibilities
Upon notification that a unit is dispatched on a SCAR investigation, continually
assess the status of the SCAR
Notify the Watch Commander on all SCAR investigations where all leads have
been exhausted and the victim is not located
Watch Commander Responsibilities
Ensure all field supervisors are monitoring SCAR investigations Periodically
evaluate progress of SCAR investigation and make determination if investigation
should be passed on to the Child Abuse Detail
Make Watch Commander Log entry when a victim has not been contacted and
all means to contact a victim of a SCAR investigation are exhausted
Child Abuse Supervisor Responsibilities
Review all SCARs faxed from the Communications Center and determine if the
crime of child abuse exists
Ensure victim is contacted on all SCARs requiring an investigation
When necessary, contact Department of Children and Family Services or other
entities in attempt to contact victim of SCAR. When located, dispatch unit to
investigate SCAR
Ensure investigation is conducted on all abuse allegations.
Manage E-SCAR system. Input disposition of all investigations into ESCAR
Family Services Section Lieutenant Responsibilities
Randomly audit E-SCAR system.
Ensure proper investigation and disposition of cases are conducted
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TB 149 – CHILD ABUSE
Introduction
11164(b) PC defines the Child Abuse and Neglect Reporting Act. The intent and
purpose of the act is to protect children from abuse and neglect. All persons
investigating child abuse and/or neglect shall consider the needs of the child victim and
shall do whatever is necessary to prevent psychological harm to the child victim.
Reporting
11164 through 11174.3 PC outline all specifics regarding the reporting and investigation
of child abuse and/or neglect. Included is the following list of persons and agenc ies that
are legally required to report any evidence of child abuse (11165.7 PC):
Childcare custodians – referring to teachers, instructional/teacher’s aide, foster
parents and personnel of residential facilities
Health care practitioners – doctors, nurses, child counselors, social workers,
marriage or family counselors, and others that care for the health of children
Child protective agencies – police or sheriff, probation officers, school police,
firefighters, and county welfare workers
A person who fails to make a required report is guilty of a misdemeanor and may be
found civilly liable for damage [11166(c) PC]. Persons legally required to report child
abuse have immunity from criminal or civil liability for reporting as required [11172(a)
PC].
What is Child Abuse?
The Penal Code defines child abuse as a physical injury or death that is inflicted by
other than accidental means on a child by another person (11165.6 PC). It includes
mental suffering [273(a) PC], sexual abuse (11165.1 PC), neglect or a buse in or out of
home care (11165.2 PC), and the willful harming or injuring of a child or the
endangering of the person or health of a child (11165.3 PC). Child abuse does not
include a mutual affray (fight) between minors, reasonable and necessary forc e used by
a peace officer, or spanking that is reasonable and age appropriate, not exposing the
child to risk of serious injury.
Sexual Abuse
Sexual abuse is probably the least reported form of child abuse in the nation. The
offender is frequently related to or known by the victim. Family members may not report
such sex crimes because of personal shame, misguided loyalty, fear of public exposure,
embarrassment, or outright guilt. The child may not relate the abuse to anyone
because he/she is naively obedient, fears retaliation, does not want to hurt the family, or
is unaware that a criminal offense has been committed.
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Physical Abuse
The abused child generally displays certain characteristics and suffers specific types of
injuries that should always arouse an officer’s suspicion. Because the child has an
injury of this nature does not always necessarily mean the child has been abused, but
should alert the officer to the possibility of child abuse.
Characteristics to look for:
History of repeated injuries and/or delay in seeking treatment
Any injury the parent cannot explain or discrepancies in the explanation of the
injury
Any child who has more than one injury or has injuries in various stages of
healing
Bruises – especially widespread bruising. In general, when children fall or collide
with objects that produce bruising, the bruises are located on the front of the
body or head
Fractures – any fracture in a child under the age of one year must be viewed with
suspicion. Fractures of the upper leg b ones are seldom accidental in young
children
Psychological Abuse
All forms of child abuse involve psychological abuse. However, psychological abuse
can occur by itself. The victim is usually subjected to humiliating forms of discipline and
may be ridiculed in front of friends, neighbors, or other relatives. Unless the parent’s
behavior becomes very bizarre, the psychologically abused child is usually overlooked.
Officers must rely on teachers, neighbors, and cooperative relatives to prepare an
adequate case.
Neglect
Lack of supervision is probably the most common form of neglect. There is no specific
age permitting a child to be left without parental supervision; however, at the age of
fourteen a child is generally capable of staying alone temporarily. The investigating
officer must always consider the number of children left alone and whether the oldest
child can care for the youngest. The decision regarding lack of supervision is always
one of judgment.
Unfit homes must be evaluated based on a totality of the circumstances. A disarranged
and untidy home is not necessarily unfit. Any single aggravated condition listed below
might qualify as an unfit home or of any combination of these condition certainly would
constitute an unfit home.
Cleanliness of the home, is it infested with cockroaches and rats? Is the bedding
dirty and urine soaked? Are there human or animal feces lying about? Is there
spoiled food in the refrigerator or accessible to the children?
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Is there adequate heating, electricity, and water? Does the plumbing work? Is
the sink, tub, or toilet clogged? Are there un -vented heaters or bare electrical
wires? Are exits from the home blocked by dirty clothes or trash, creating a fire
hazard?
Are guns, knives, razor blades, drugs, or poisons readily accessible to the
children?
Procedures
When a child is taken into protective custody during business hours (Monday through
Friday, 0800-1630), he/she should be taken directly to the County Department of
Children and Family Services (DCFS), 4060 Watson Plaza Drive, Lakewood. If it is
after hours, the officer must make arrangements to meet a DCFS worker somewhere in
the field. Call the Child Abuse Hotline, 1 (800)-540-4000 and advise DCFS that you
have a child in protective custody who needs placement.
In all cases, when a child is taken into custody, a booking form and arrest report must
be completed, along with any other necessary reports (i.e., crime report). This will
provide child abuse investigators with the information necessary to file a petition to the
court on behalf of the child.
If a child is hospitalized due to abuse, officers should call DCFS and advise them of the
situation. The officer should place a police hold on the child with the hospital, so the
child is not returned to the abusive parent.
When called upon to investigate suspected child abuse, the officer should:
Arrange emergency treatment, as needed, and notify the Child Abuse Detail (If
the child’s safety is endangered, take him/her into protective custody, see CART
guidelines below)
If the child is capable, interview him/her away from parents. Examine the child
for injuries. Remove clothing and check the body for old or new injuries. Have a
witness present during the exam. Take pictures of injuries, wounds, and bruises.
At unfit homes, the officer must wait for a lab technician and advise what should
be photographed. Photographs are often the most important evidence in these
cases
File the appropriate crime reports. Include complete statements from the victim,
suspects, witnesses and a detailed description of injuries or living conditions
Child Abuse Response Team Criteria
Officers will contact a field supervisor and request the Child Abuse Response Team
(CART) be notified if any of the following conditions exist:
The victim is treated at an emergency room by an emergency room physician or
admitted to the hospital due to serious suspicious injuries or suspected child
abuse trauma and the suspect is one of the following:
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o A parent, guardian, foster parent, or live-in partner of the victim’s parent,
guardian or foster parent
o A family member who resides in the victim’s home
o A babysitter
o Any caregiver of the victim
The victim is 17 years of age or younger, has been sexually assaulted within 24
hours of reporting, and the suspect is any of the above physical abuse suspects
The victim is any age, has been sexually assaulted within 24 hours and the
suspect is a juvenile
At the request of one of the following:
o Department of Children and Family Services (DCFS)
o Forensic Nurse Specialists (SART)
o Long Beach Unified School District
o For the Child (A non-profit child advocacy organization)
o Any medical professional
Two prior child abuse reports involving either the victim or the suspect
Child Abuse incidents involving all Long Beach Police Department employees,
any sworn law enforcement officer (regardless of agency), any City of Long
Beach VIP, other VIP, or as requested by the Watch Commander
o Incidents involving a Long Beach Police Department employee require
notification to the Child Abuse sergeant by the on call CART detective
Welfare and Institutions Code
300 WIC – Temporary Custody
A peace officer may, without a warrant, take a minor into custody who:
Is under the age of 18 years and the officer has reasonable cau se to believe
he/she is a person described in Section 300 WIC
Is under the age of 18 years and is found in any street or public place, suffering
from any sickness or injury which requires medical treatment, hospitalization, or
other remedial care
Section 300 WIC – Persons Subject to Jurisdiction
Any person under the age of 18 years who falls within any of the following descriptions
is within the jurisdiction of the juvenile court, which may adjudge such person to be a
dependent child of the court who:
Is in need of proper and effective parental care or control and has no parent or
guardian willing to exercise or capable of exercising such care or control; or,
Has no parent of guardian actually exercising such care or control
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Other Applicable Sections:
Willful Desertion of Child (271 PC)
Child Cruelty (Corporal Punishment – 273d PC)
Immoral Practices or Habitual Drunkenness in Presence of Children (273g PC)
Incest (285 PC)
Crime Against Child (288 PC)
Contributing to the Delinquency of a Minor (272 PC)
Conclusion
The purpose of a child abuse investigation is two -fold. The primary purpose is to
protect the child. The secondary purpose is juvenile/family court action and possible
criminal prosecution. The patrol officer is responsible for the initial investigation, filing of
crime reports, and taking the minor into custody, when necessary.
See also:
TB111 - Juvenile Booking Procedures and Truancy Part I
TB163 - Sexually Exploited Children
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Instruction Guide 38
DOMESTIC ABUSE RESPONSE TEAM (DART)
(MANUAL 8.1.14)
Policy
The Domestic Abuse Response Team (DART) offers greater assistance to victims of
domestic abuse by providing immediate support, screening and resource referrals.
Officers dispatched to or encountering a domestic violence abuse s ituation shall adhere
to the following procedures.
DART Call-Out Criteria
If any of the listed criteria are met, officers will contact a Field Supervisor and request a
DART Detective be notified.
Domestic partner felony sexual assault which occurred within the past 24 hours
o This applies to subjects who are married, formerly married, cohabitating,
former cohabitating, or have a child in common
o For domestic partner sexual assaults occurring between 24 and 120 hours
(5 days), contact the Forensic Nurse Specialists for a forensic exam
The victim is treated at an emergency room or admitted to a hospital due to
serious injuries
The victim received serious bodily injury [defined in Penal Code Section
243(e)(4)(f)(4)]
Chronic history of domestic violence: three prior reported domestic violence
incidents involving the victim and suspect
Domestic violence incidents involving all Long Beach Police Department
employees, any sworn law enforcement officer (regardless of agency), any City
of Long Beach VIP, other VIP, or as requested by the Watch Commander
o Incidents involving a Long Beach Police Department employee require
notification to the Domestic Violence sergeant by the on call DART
detective
Domestic violence incidents involving non-Police Department City employees,
that do not meet any of the above criteria, shall be noted in the Watch
Commander’s Log. The log entry shall include notification to the Family Services
Lieutenant and the Domestic Violence Sergeant
If the incident is a DART call-out, notify a Field Supervisor and stand by with the victim
until a WomenShelter Advocate or a DART Detective responds to the location.
Officer Responsibilities
Offer the victim immediate counseling and shelter services with a WomenShelter
Advocate
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If the victim wishes to speak to an advocate, call the WomenShelter at (562) HER-
HOME (437-4663) from scene, if a telephone is available
When the suspect is NOT arrested and a determination is made that a
WomenShelter Advocate will meet with the victim, officers will coordinate t he
meeting at the safest location possible
If the victim needs transportation, officers will transport the victim to the
designated location and stand by until the arrival of the WomenShelter Advocate.
When the victim has small children who require a car seat(s), the WomenShelter
Advocate will be advised to respond to the scene with a car seat(s). When the
suspect has been arrested and the victim requests to speak to an advocate,
officers will coordinate contact between the victim and the WomenShelter
Advocate
When a telephone is not available and the victim wishes to immediately speak to
a WomenShelter Advocate, officers will request the Communications Center
place the call and provide the WomenShelter Advocate with the information.
Officers will coordinate a WomenShelter response with assistance from the
Communications Center
If the victim declines to speak with a WomenShelter Advocate, officers must ask
the victim if he/she wishes to have an advocate contact them later. If the victim
says yes, the victim must sign a waiver allowing detectives to release the victim’s
name and information to the WomenShelter. Then officers shall complete the
MO CODES section, under Domestic Violence, on page two of the Incident
Report, PD Form 2310.001(B), by checking (U) the appropriate box as follows:
1. VICTIM REFUSED SERVICES – NO
2. WAS COUNSELOR CONTACTED – NO
If the victim refuses all contact with the WomenShelter Advocate, officers shall
complete the MO CODES section, under Domestic Violence, on page two of the
Incident Report by checking (U) the appropriate boxes as follows:
1. VICTIM REFUSED SERVICES – YES
2. WAS COUNSELOR CONTACTED – NO
Provide the victim with the Domestic Violence Sexual Assault Resource Form,
PD Form 2310.003(B), and a Report Receipt, PD Form 2310.003(A)
Field Supervisor Responsibilities
Notify the Watch Commander of a DART Detective call-out
Obtain all relevant information from the officer regarding the involved victim and
suspect
Location of incident (verify jurisdiction)
Location of victim
Relationship between victim and suspect
Nature of injury
Brief history of prior abuse
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Ascertain whereabouts of the suspect
Determine if DART response criteria are met and contact Communications
Center Supervisor to request a call-out
Document the DART call-out in the Watch Commander’s Log
Watch Commander Responsibility
Ensure the DART call-out is documented in the Watch Commander’s Log
Communications Center Supervisor Responsibilities
Call the WomenShelter at the request of officers when the victim wishes to speak
to an Advocate and a telephone is not available at the field location and
coordinate the counselor’s response
Call the DART Detective, WomenShelter, and Forensic Nurse Specialist at the
request of the Field Supervisor
Contact the Domestic Violence Detail, Monday-Friday between 0730 and 1700
hours, at telephone 570-7277 and provide the information to a detective. If after
hours, call the on-call DART Detective at the pager number listed on the monthly
call-out sheet. Should a call-out be needed, the on-call DART Detective will
respond
In domestic partner rape incidents (subjects who are married, formerly married,
co-hebetating, or have a child in common) less than 24 hours old, contact the on -
call DART Detective. In domestic partner rape incidents between 24 and 120
hours old, contact the Forensic Nurse Specialists at (562) 497-0147, for an
examination, and the Rape Hotline at (310) 764-1403, for a victim advocate
Advise the officer of the DART Detective’s decision and provide an ETA, if
responding
Refer to Training Bulletin #153, DOMESTIC VIOLENCE, for detailed procedures on
handling Domestic Violence and DART calls.
TB 152 – DOMESTIC VIOLENCE RESTRAINING ORDERS
Introduction
Because domestic violence is dangerous, the law provides for several type s of
restraining orders that are designed to protect the victim, children and other family
members. These orders are issued to stop the batterer from having contact, including;
beating, threatening, and harassing the victim and those living with the victi m.
Protective orders do not, in themselves, provide a barrier of protection for victims. What
they do is give peace officers the ability to act if the order is violated.
Types of Restraining Orders
Emergency Protective Order- (EPO) – Involves giving the victim 100 yards of protection
by ordering the suspect to stay at least 100 yards away from the victim at home and at
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work and prohibiting the suspect from having any contact with the victim. The victim of
domestic violence may be in need of short-term and immediate protection after the
batterer has been arrested or has left the location. In such instances, officers should
offer the victim an Emergency Protective Order (EPO). An EPO can be obtained only
by a peace officer and is available 24 hours a da y, even while court is in session. An
EPO is an order issued by a judicial officer under Family Code Sections 6250 and 6241
to protect the following:
A person who is in immediate and present danger of domestic violence, i.e.,
o Spouse or former spouse
o Current or former cohabitant
o Fiancée or former fiancée
o Dating or former dating partner
o Parties with child in common
o Persons related by blood or affinity
A child who is in immediate and present danger of abuse by a family or
household member, or
A child who is in immediate and present danger of being abducted by a parent or
relative
A person who is in immediate or present danger of stalking
An elder or dependent adult in immediate and present danger of abuse or threat
of abuse
Officers Responsibilities
Obtain a Sergeant’s approval for the EPO
Complete “Application for Emergency Protective Order (CLETS)”
Obtain a Department Record Number (DR #), when an incident report is filed,
use the same DR #
Call the County operator at (213) 974-1234, who will connect officers with the on-
call judge; or,
Notify the Communications Supervisor who will contact the County operator for
connection to the judge. All conversations are taped
The judge (or judicial officer) will issue a “T” number, court location, and judge’s
name. Write this information on the order
Write the expiration date in the space provided (the EPO will expire at 5:00 PM
on the seventh day or fifth full court day from the date of issuance, whichever
comes first)
When possible, fax a copy of the EPO to 570-7080 and call the Senior Records
Clerk at 570-7410 to ensure the EPO was received
Keep a copy of the order while on duty. Prior to the end of shift, officers must
turn in the EPO along with the Domestic Violence Incident Report to the Senior
Records Clerk. The law requires the officer to serve the restrained party, if they
can be reasonably located
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There are three parts to a Domestic Violence Temporary Restraining Order:
Part One – Ex Parte Restraining Order – An Ex Parte Restraining Order is requested by
a victim in a civil action and is a Temporary Restraining Order (TRO) issued without
prior notice or hearing. It is usually valid until the Order to Show Cause (OSC) hearing
date and is issued by Civil Court. Domestic Violence Protective Order – The victim in a
civil action requests a DVTRO and it is the most frequently obtained “ex parte”
restraining order. The civil court issues a DVRTO.
Part Two – Order to Show Cause (OSC) – An OSC is a hearing held to determine if the
ex parte Temporary Retraining Order (TRO) is justified and should be extended.
Part Three – Order After Hearing (OAH) – The OAH is the restraining order issued at
the OSC hearing in a civil proceeding and is enforceable up to three years. The civil
court issues the OAH.
Criminal Protective Order – A criminal Protective Order is an order requested by the
District Attorney or City Prosecutor and is issued by a criminal court, as a part of the
criminal case, to prevent violence or intimidation by the defendant. These orders are
available to victims and witnesses and are effective for the duration of the criminal
proceedings (which may include any sentence of probation issued to the defendant). It
has recently become the practice for judges of the Long Beach courts to issue
protective order in many criminal proceedings. However, a “stay away” may not always
be ordered; therefore, officers must read the terms of the order to determine if there is a
violation.
Proof of Service – A document signed under penalty of perjury that an adult who is not a
party to the action as served a suspect/defendant.
Permanent Injunction – A writ or order requiring a person to refrain from a particular act.
It is granted by the court and has no expiration date.
While Domestic Violence Restraining Orders are, by far, the most common order
presented to officers for enforcement, there are other restraining order available. Some
of those orders are:
Family Law Act (FLA) Restraining Order – An FLA restraining order is an order
issued to persons involved in divorce or custody proceedings
Uniform Parentage Act (UPA) Restraining Order – A UPA restraining order may
be issued to unmarried parents with a child in common
Civil Harassment Restraining Order and Injunction – Another person (i.e.
neighbor vs. neighbor) may issue a civil harassment restraining order and
injunction to prevent any kind of harassment.
Records Division
It is the responsibility of the Senior Records Clerk to ensure that the EPO is entered into
the statewide California Restraining and Protective Order System (CARPOS). The
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supervisor will further ensure that a copy of the EPO is delivered to the court as soon as
practicable after issuance [Family Code Section 6271(c)].
Per Penal Code 13710, law enforcement agencies are required to maintain records of
all restraining and protective orders issued. The Records Division shall maintain a
complete and systematic record of all protection orders with respect to domestic
violence incidents, including:
Un-served restraining orders
Restraining orders
Proof of service in effect
The Records Division will additionally maintain responsibility for entry of required
restraining order information into the California Restraining and Protective Order
System (CARPOS). CARPOS is a database, accessed through the California Law
Enforcement Telecommunications System (CLETS) that allows peace officers to verify
restraining order information.
Verification of Restraining Orders
Whenever the complainant advises of the existence of a restraining order, officers sha ll
verify its status by confirming one or more of the following:
The restraining/protective order is on file with our Department
The complainant has a valid copy (not mandatory)
The order is found in the Department of Justice California Restraining and
Protective Order System (CARPOS)
The restraining order is still valid as to expiration date
Whether proof of service or prior notice exists that the suspect was in court when
the order was made
The terms and conditions of the restraining order
In checking the order for validity, officers should look for the following:
A court stamp
A case control number
An expiration date
The person(s) name to be protected (plaintiff)
The person (s) name to be restrained (defendant)
The judge’s signature
Proof of service - When officers verify that a restraining order exists, but cannot
verify proof of service or prior knowledge of the order by the restrained party,
they shall:
o Inform the restrained party of the terms of the order
o Admonish the restrained party of the order, that the suspect is now on
notice and that a violation of the order will result in arrest
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o Make an arrest if the restrained party continues to violate the order after
being advised of the terms
o Document the officer’s name, date, and time of service on the a vailable
copies
o Notify the Records Division for entry into CARPOS and complete a proof
of service
Enforcement of Restraining Order Violations
Upon determination that a knowing and willful violation of a valid restraining order exists
officers shall make an arrest under one of the following Penal Code Sections:
273.6 PC states that knowing and willful violation of domestic violence protective
orders issued is a misdemeanor.
273.6(d) PC states that a willful violation of these orders with a prior restraini ng
order conviction occurring within seven years and involving an act of violence or
credible threat of violence is a felony.
166 PC and 166(c)(1) PC state that a willful disobedience of any process or order
lawfully issued at the completion of a criminal matter by any court is a
misdemeanor.
When officers have reasonable cause to believe that the restrained party has committed
an act in violation of a domestic violence protective order, the officer may arrest the
person without a warrant whether or not th e violation occurred in the presence of the
arresting officers. Officers have no arrest discretion upon determining that a violation of
a valid restraining order has taken place. Offices must make an arrest. A judge or
judicial officer issued the order and only a judge or judicial officer can negate the order,
not the officer and not the victim. Additionally, out of state restraining orders are now
enforceable without re-issuance by a California court. The verification procedures
would remain the same.
If a person is arrested for violating a restraining order, an incident/arrest report shall be
filed. It should contain an exact description of the conditions violated in the order, the
number and expiration date.
Misdemeanor citation shall not be issued to a person in violation of a restraining order.
Officers are reminded that an arrestee may be in violation of other applicable Penal
Code Sections as well.
If the restrained party has left the scene of the incident and the investigation reveals that
a crime has been committed or a domestic violence situation exists, officers shall:
File an incident report
Provide the victim with a report receipt, include DR # when able
Advise the victim of the follow-up criminal procedures
Make a reasonable attempt to locate the suspect and make an arrest
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Out of State Protective or Restraining Order
Any valid protective or retraining order related to domestic or family violence issued by a
court of another state, tribe, or territory shall be accorded the full faith and credit by the
courts of this state. The order shall be enforced, per Family Code 6381, as if it had
been issued in this state.
The order shall be deemed valid if the issuing court had jurisdiction over the parties and
matter under the law of the state, tribe, or territory. There shall be presumption of
validity where an order appears authentic on its face. If an officer is informed that a
court other than California has issued a restraining or protective order, and that order
has been violated, the officer shall check the California Restraining and Protective
Order System (CARPOS). If the order is listed, the following must be confirmed:
The order was served
The order has not expired according to the expiration date in CARPOS
The person presenting the order is the victim/protected person listed in CARPOS
The order prohibits the conduct alleged to have occurred
If the above criteria are present, the out of state restraining order is enforceable in
California and an arrest shall be made under Penal Code Section 836(c)(1).
If the order cannot be located in CARPOS, and the following is present on the copy of
the order provided by the protected person, the out of state restraining order is
enforceable in California:
Court in which it was issued
Judge’s signature
Case number and expiration date
Name of victim/protected person
The actions that are prohibited by the order; make sure that the alleged actions
are what the order prohibits
Proof of service, shown either by the order indicating that the restra ined person
was present in court of a completed proof of service form
Certification by the out of state court is not required
Deficient Restraining Orders or Conduct Not Prohibited
If the restraining order is deficient or the alleged conduct is not prohibited by the order
or the order is not found in the California Restraining and Protective Order System and
the victim has no copy, follow these steps:
If the victim is in immediate and present danger of domestic violence and there is
an allegation of recent abuse or threat, follow the procedures to obtain an EPO
Serve the order by advising the respondent of the terms of the EPO
Provide information to the protected person regarding Domestic Violence shelter
services
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Summary
Enforcement of Restraining Orders by peace officers is mandated by the Penal Code.
Officers shall follow the guidelines set forth in this Bulletin as they apply. Officers are
reminded that Restraining Orders are most often the result of past or present domestic
violence. Enforcement of these orders may assist in the protection of victims and, in
turn, increase officer safety by reducing the number of police responses to the location
of the problem.
TB 153 – DOMESTIC VIOLENCE
Purpose
The purpose of this bulletin is to state Department policy and procedure on Domestic
Violence in accordance with Penal Code Sections 13519 and 13701, which mandate
that police departments shall provide training for and set policy regarding the handling
of domestic violence calls.
Response to Domestic Violence Calls
The Department will respond to all calls involving domestic violence. Domestic violence
is criminal conduct, which must be investigated and arrests made when appropriate.
Dispute mediation shall not be used as a substitute for appropriate e nforcement action
(arrests or reporting) in domestic violence cases.
DEFINITIONS – 13700 PC and 13701 PC
“Abuse” means intentionally or recklessly causing or attempting to cause bodily injury,
or placing another person in reasonable apprehension of imminent serious bodily injury
to himself/herself, or another.
“Domestic Violence” means “abuse” committed against an adult or fully emancipated
minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with
whom the suspect has had or is having a child or has had a dating or engagement
relationship.
“Dominant Aggressor” – The dominant aggressor is the person determined to be the
most significant, rather that the first, aggressor. Peace officers shall make reasonable
efforts to identify the dominant aggressor in any incident. The intent of this definition is
to discourage when appropriate, but not prohibit, dual arrests. Per 836(c)(3)PC, when
identifying the dominant aggressor, the officer shall consider:
The intent of the law to protect victims of domestic violence from continuing
abuse
The threats creating fear of physical injury
The history of domestic violence between the persons involved
Whether either person involved acted in self -defense
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The size of combatants
The demeanor of combatants
Location and type of wounds (defensive or offensive)
Use of weapons
Enforcement of Laws
It is the intent of the legislature that the official response to cases of domestic violence
shall stress the enforcement of laws to protect the victim and sh all communicate the
attitude that violent behavior in the home is criminal behavior and will not be tolerated.
The following factors should not be used to avoid reporting or making an arrest:
The marital status of the suspect and victim
Whether or not the suspect lives on the premises with the victim
The existence or lack of temporary restraining or stay-away orders
The potential financial consequences of an arrest
The complainant’s history or prior complaints (i.e. The complainant has refused
to prosecute in the past)
Verbal assurances that violence will cease
The complainant’s emotional state
The lack of visible injuries
The location of the incident, whether public or private
Speculation that the complainant may not follow through with the prosecution, o r
that the domestic violence case may not result in a conviction of the suspect
Felony Arrests
Officers shall make an arrest when there is a probable cause to believe that a felony
has occurred.
273.5(A)PC – Any person who willfully inflicts upon a person who is his/her
spouse, former spouse, cohabitant, former cohabitant, or the mother or father of
his/her child, corporal injury resulting in a traumatic condition is guilty of a felony
245(A)(1)PC – Assault with a Deadly Weapon/Domestic Violence (knife, feet,
fists, etc)
245(A)(2)PC – Assault with a Deadly Weapon/Domestic Violence (firearm)
667/187PC – Attempted Murder/Domestic Violence
187PC – Murder/Domestic Violence
422PC – Terrorist Threats – Specific and immediate threats to commit a crime
which will result in death or great bodily injury to another person with the intent
that the threat is to be taken seriously, even if there is no intent to carry out the
threat
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Misdemeanor Arrests
Penal Code 836(d) is an enabling code. This section says that in a domestic violence
situation when an assault or battery is committed outside of the officer’s presence and
the officer has probable cause to believe that the assault or battery has occurred,
he/she may make an arrest without a warrant. However, minus a tr aumatic condition,
the officer should fill out a private persons arrest form and request the victim’s
signature. Officers shall make an arrest when there is reasonable cause to believe that
a misdemeanor (including violations of court orders) has occurred whether in their
presence or not. Officers shall not release suspects on a misdemeanor citation in a
domestic violence crime.
166PC – Willful disobedience of Court Order, including the terms as written of
any process or court order or out of state court order, lawfully issued by any
court, including orders pending trial
243(E)(1)PC – Battery committed against a spouse, a person with whom the
defendant is cohabiting, a non-cohabiting former spouse, a person who is the
parent of the defendant’s child, a f ormer spouse, fiancée or person with whom
the defendant currently has or had a dating or engagement relationship
273.6PC – Knowingly and intentionally violating a domestic violence protective
order
29825(b)PC – Owning or possession a firearm while subject to protective order,
temporary restraining order or injunction
Verifying and Enforcing Restraining Orders
California Penal Code 13710 requires that restraining order information be entered into
the California Restraining and Protective Order System (CARP OS). Officers can verify
restraining order information via the computer or by calling Records and requesting a
hand search of existing files.
Mutual Restraining Orders – 836(c)(3)PC
In situations where mutual protective orders have been issued, liabilit y for arrest under
this subdivision applies only to those persons who are reasonably believed to have
been the primary aggressor. In these situations, the peace officer shall make a
reasonable effort to identify the primary aggressor.
Victim Assistance
Officers are required to provide the following assistance to victims:
Assist in obtaining appropriate medical attention if a complainant claims injury,
whether visible or not
Offer immediate counseling and shelter services with a WomenShelter Advocate
at (562) HER-HOME (437-4663) from the scene if possible
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When the suspect is not arrested and a determination is made that a
WomenShelter Advocate will meet the victim, officers will coordinate the meeting
at a safe, secure location
Stand by for a reasonable amount of time while a complainant removes essential
items of personal property
Explain the legal options available to the victim, including the private person’s
arrest process, emergency protective orders, temporary restraining orders, stay-
away orders, and in cases of arrest, the follow-up procedures and ensuing
criminal proceedings
Provide all victims of domestic violence a copy of the Domestic Violence/Sexual
Assault Victim’s Resource Form which contains information on shelters, other
referral resources, specific information and rights of victims’ of domestic violence
Advise the victim that they are entitled to a copy of the domestic violence incident
report at no cost
Domestic Abuse Response Team (DART) Call Outs
The Domestic Abuse Response Team offe rs greater assistance to victims of assistance
to victims of domestic violence by providing immediate support, screening and resource
referrals. If any of the following criteria are met, officers will contact a Field Supervisor
and request a DART Detective be notified:
Domestic partner felony sexual assault which occurred within the past 24 hours
o This applies to subjects who are married, formerly married, cohabitating,
former cohabitating, or have a child in common
o For domestic partner sexual assaults occurring between 24 and 120 hours
(5 days), contact the Forensic Nurse Specialists for a forensic exam
The victim is treated at an emergency room or admitted to a hospital due to
serious injuries
The victim received serious bodily injury [defined in Penal Code Section
243(e)(4)(f)(4)]
Chronic history of domestic violence: three prior reported domestic violence
incidents involving the victim and suspect
Domestic violence incidents involving all Long Beach Police Department
employees, any sworn law enforcement officer (regardless of agency), any City
of Long Beach VIP, other VIP, or as requested by the Watch Commander
Domestic violence incidents involving non-Police Department City employees,
that do not meet any of the above criteria, shall be noted in the Watc h
Commander’s Log. The log entry shall include notification to the Family Services
Lieutenant and the Domestic Violence Sergeant
Officer Responsibilities
Assist and ensure the victim’s safety
Secure the scene and collect evidence
Determine if a firearm or other deadly weapon is present
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Officers will confiscate any firearm or deadly weapon discovered at the location
of a domestic violence incident pursuant to 18250PC “A peace officer who is at
the scene of a domestic violence incident involving a threat to human life or a
physical assault, shall take temporary custody of any firearm or other deadly
weapon in plan sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer of other persons
present”
Ascertain whereabouts of the suspect
Provide the victim with an Emergency Protective Order (EPO) if appropriate
File the appropriate report, including the items notated under Reporting, and
document the date, time and name of the detective who was notifi ed
Field Supervisor Responsibilities
The field supervisor will notify the Watch Commander of a DART call out and will
document the call out in the Watch Commander’s Log.
DART Detective Responsibilities
Ensure the victim is given assistance, resource referrals, and an EPO if
appropriate
Ascertain the suspect’s criminal/domestic violence history
Obtain authorization for release of medical records
File appropriate follow-up reports
Ensure photographs are taken of any injuries and the crime scene
Complete “Domestic Abuse Response Team” form PD 3137.001 and assign a
DART call-out reference number
Reporting
If the suspect has left he scene of the domestic violence incident, an investigation shall
be conducted to determine if a crime has been committed 13730 (c) and 13701(i) require
that a report shall be made and the complainant shall be advised of the follow -up
criminal procedure and case number of the report. Officers shall file the appropriate
crime report.
An incident report shall be filed in all incidents of domestic violence. This does not
mean that every family dispute will require a report. Only those cases of “abuse,” as
described under 13700 PC, or those cases classified as DOM VIO, in RMS, a non -
assault incident of domestic violence or a non -criminal domestic dispute. The fact that
no prosecution may be desired will have no bearing on whether or not to file a report.
The Domestic Violence Crime Report must include the following:
Must be identified on its face (13730PC)
Indicate any previously reported domestic violence incidents
Indicate whether or not weapons were used and what type
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Indicate whether or not drugs and/or alcohol were involved
Indicate whether or not officers found it necessary to ask the victim or alleged
abuser whether a firearm or other deadly weapon was present at the location
o Additionally, note whether or not the inquiry disclosed the presence of a
firearm or other deadly weapon
The victim will be provided with the DR number. If the report number is not immediately
available, explain to the victim how the number may be obtained.
The total number of domestic violence calls received and the numbers of such cases
involving weapons will be compiled monthly and submitted to the Attorney General as
required under Penal Code section 13730(a).
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Instruction Guide 39
HATE CRIMES (TB 222)
Purpose
The purpose of this Training Bulletin is to provide guidelines for responding to and
dealing with Hate Crimes. The Department shall investigate reported or observed
incidents of violence or threats directed at an individual, institution or business,
motivated by race, ethnicity, national origin, religion, disability, gender or sexual
orientation.
Definitions
Hate Incidents/Bias- (non-criminal) A hate incident is any non-criminal act
including words directed against a person based on the person’s actual or
perceived race, nationality, religion, sexual orientation, disability or gender.
Hatred incidents include but are not limited to, epithets, distribution of hate
material in public places, posting of hate material that does not result in property
damage and the display of offensive material on one’s own property
Hate Crime – (Criminal §13519.6 PC) A hate crime is any criminal act or attempt
directed at person(s), public agency or private i nstitution based on the victim’s
actual or perceived race, nationality, religion, sexual orientation, disability or
gender. Or, because the agency or institution is identified or associated with a
person or group of an identifiable race, nationality, religion, sexual orientation,
disability or gender. A hate crime includes an act, which results in injury, however
slight; a verbal threat of violence which apparently can be carried out; an act,
which results in property damage; and, property damage, or other criminal act(s)
directed against a public or private agency
Protected Classes – Protected classes for the purpose of imposition of State
criminal liability include: race, ethnicity, national origin, religion, sexual
orientation, gender, mental disability, and physical disability
o The victim does not have to be an actual member of a perceived group to
establish a hate incident or crime. It is based upon the perception of the
perpetrator
Legal Support
§422.6 PC - Misdemeanor elements include; use of force or threat of force with
the apparent ability to carry it out. Property damage less than $500, all based on
the victims perceived inclusion in one or more of the above protected
classifications 633
§422.7 PC - Felony elements include present ability to cause violent injury or
actual physical injury. Property damage in excess of $500 or the suspect has
been previously convicted of conspiracy to commit 422.6 PC. The crime is
based on the victim’s inclusion in one or more of the above protected
classifications
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Other Related Misdemeanor Statutes
§427.9 PC - willful violation of a court order
§302 PC - disturbance of a religious meeting
§594.3(a) PC - vandalism of church, synagogue, or building of religious
education
§538(c) PC - unauthorized insertion of written m aterials in newspapers
§640.2 PC - unauthorized stamping, printing or insertion of written materials in
consumer products
§11141(a) PC - terrorism of owner or occupant of real property, placement of
sign, symbol, without authorization
Felony Statutes
§1141(b) PC - same as 11141(a) PC but requiring a pattern of conduct
§11411(c) PC - burning or desecration of religious symbols on private property
of another or school with the intent to terrorize
§11413 PC – the use of an explosive or destructive device on church, school, or
an institution that counsels on abortion, etc.
Additional Guidelines for Hate Crime Determination
Graffiti must be racial, ethnic, religious, or homophobic in nature, such as
swastika, KKK, Nazi, or other hate group symbol or slogans, or involve the use
of epithets
Any assault against a person, in the absence of other apparent motivation, when
initiated with racial, ethnic, religious, or homophobic epithets, shall be considered
to be a hate crime
Vandalism to a house of worship, or ethnic, religious, or gay and lesbian
organization shall be considered a hate crime in the absence of evidence of
other motives
Obscene or threatening phone calls, when containing racial, ethnic, religious or
homophobic slurs, are considered hate crimes
Human Dignity Coordinator
The office of the Human Dignity Coordinator was created with the express purpose of
being a liaison between the Police Department and the community. The Human Dignity
Coordinator will be notified when hate crimes occur and work with bot h the police and
the community. The purpose of the office is to:
Educate the public about hate crimes
Seek to reduce hate crimes
Assist in the investigation of hate crimes
Promote harmony between different groups in different communities
Patrol Officer Responsibilities
The point of first contact is critical in the handling of hate crimes. The person who first
receives the incident information must be sensitive to the distinguishing characteristics
of hate crimes, so that the victim and the incident are treated appropriately.
283
Determine whether the incident meets hate crime criteria. If a motive is unclear,
or if the incident appears to have overtones of bigotry, ask leading questions in a
sensitive manner
Sample questions could include: "Do you have any re ason to believe this
incident may have been motivated by race, religion, or sexual orientation?”
If the incident is an obvious hate crime or seems to have components of it,
reassure the victim of the Department's concern over such incidents and
intention to help
Give priority to the needs and feelings of the victim. Reassure them, especially
concerning threats to their safety or the likelihood of a recurrence
Ask the victim about possible suspects. Encourage them to express their
feelings, which may provide useful information about motives, potential
perpetrators, etc. If there are not any possible suspects, note proximity to local
schools and history of hate groups in the area
Ask the victim and other parties present if they are aware of other incidents in
the area Inform the victim that these crimes receive a separate designation and
special attention
Provide the victim with the Department handout, entitled, "How to Report &
Protect Yourself Against Hate Crimes."
Before leaving the area, look around the neighborhood for other incidents if the
crime was one of vandalism or graffiti (time permitting)
Field Supervisor Responsibilities
A Field Supervisor shall be dispatched and respond to incidents of hate crime
Review all field reports of hate crimes. It is particularly important that
management personnel are sensitive to the treatment of victims as their
response can set a positive example for other officers. Such concern can be
demonstrated by supervising the preliminary investigation and continuing to
monitor the investigation with the investigating officer, if appropriate
The Field Supervisor shall maintain the flow of information on hate crimes to the
Division Commanding Officer
Notify Watch Commander
Watch Commander Responsibilities
Make a Watch Commander log entry
During regular business hours (Monday through Friday, 0800-1700 hours) notify
the Patrol Bureau Office, which will make notification to the Chief’s Office – the
Chief’s Office will make notification to the Human Dignity Coordinator
During Duty Chief notification hours (Monday through Friday, 1700 -0800 hours,
and 24 hours on weekends and holidays) the Duty Chief will determine what
further action is needed regarding notifications pursuant to the Critical Incident
Notification Guide
Duty Chief Responsibilities
For occurrences requiring notification outside of regular business hours, notify
the City Manager (or his designee) and then the Human Dignity Coordinator
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For occurrences which do not require notification outside of normal business
hours, leave a voice mail message for the Chief’s Office at extension 87301
Investigating Officer
Contact victim and personally express concern on behalf of the Department and
City as soon as possible
Ask the victim if he/she has any questions about the police resp onse or about
the investigation
Attempt to elicit additional motive and perpetrator information from the victim.
Recap all available information and provide reassurance of the Department's
commitment to combating hate crime
Conclusion
All persons, regardless of race, ethnicity, national origin, sexual orientation, religion,
gender, or physical or mental disability deserve the right to live in a world free of
intimidation and/or terrorism. Proper handling will help stop and prevent hate crimes
directed at persons simply because of how they look of what they believe.
8.1.8 HATE CRIMES - PROCEDURES FOR DEALING WITH
The Department shall investigate reported or observed incidents of violence or threats
directed at an individual, institution or business, moti vated by race, ethnicity, religion,
national origin, disability, gender, or sexual orientation. The proper investigation of
reported incidents of bigotry shall be the responsibility of all officers.
Hate crimes are defined as acts directed at an individua l, institution, or business,
expressly because of race, gender, ethnicity, religion, national origin, sexual orientation,
or disability.
The following procedures are recommended for handling hate crimes. These
procedures should not be viewed as specific requirements, but rather as guidelines to
be adapted to the individual incident. It should be stressed that the point of first contact
is critical in the handling of hate crimes. The person who first receives the incident
information must be aware of the sensitivity to the distinguishing characteristics of hate
crimes, so that the victim and the incident are treated appropriately.
It is the policy of this Department to ensure that all residents enjoy the right to live free
of violence, vandalism, intimidation, or threat against their person or property which is
motivated by their race, ethnicity, national origin, religion, disability, gender, or sexual
orientation.
Definitive Guidelines for Hate Crime Determination
A hate crime must involve a specific target, such as an individual, residence,
house of worship, religious or ethnic organization, or business
Graffiti must be racial, ethnic, religious, or homophobic in nature, such as
swastika, KKK, Nazi, or other hate group symbols or slogans, or involve the us e
of epithets
Bigotry must be the central motive for the attack
285
A specific name, address, and description of the hate crime must be on file with
a law enforcement agency, or other organization handling the complaint
Any assault against a person, in the absence of other apparent motivation, when
initiated with racial, ethnic, religious, or homophobic epithets, shall be
considered to be a hate crime
Vandalism to a house of worship, or ethnic, religious, or gay and lesbian
organization shall be considered a hate crime in the absence of evidence of
other motives
Obscene or threatening phone calls, when containing racial, ethnic, religious or
homophobic slurs, are considered hate crimes
Preliminary Investigating Officer
Determine whether the incident meets hate crime criteria. If a motive is unclear,
or if the incident appears to have overtones of bigotry, ask leading questions in a
sensitive manner
Sample questions could include: "Do you have any reason to believe this
incident may have been motivated by race, religion, or sexual orientation?"
If the incident is an obvious hate crime or seems to have components of it,
reassure the victim of the Department's concern over such incidents and
intention to help
Give priority to the needs and feelings of the victim. Reassure them, especially
concerning threats to their safety or the likelihood of a recurrence
Ask the victim about possible suspects. Encourage them to express their
feelings that may provide useful information about motives, potential
perpetrators, et cetera. If there are not any possible suspects, note proximity to
local schools and history of hate groups in the area
Ask the victim and other parties present if they are aware of other incidents in
the area
Inform the victim that these crimes receive a separate designation and special
attention
Provide the victim with the Department handout, entitled, "How to Report &
Protect Yourself Against Hate Crimes"
Before leaving the area, look around the neighborhood for other incidents if the
crime was one of vandalism or graffiti (time permitting)
Investigating Officer
Contact victim and personally express concern on behalf of the Department and
City as soon as possible
Ask the victim if he/she has any questions about police response or about the
investigation
Attempt to elicit additional motive and perpetrator information from the victim.
Recap all available information and provide reassurance of the Department's
commitment to combating hate crime
Field Supervisor
Review all field reports of hate crimes. It is particularly important that
management personnel are sensitive to the treatment of victims as their
286
response can set a positive example for other officers. Such concern can be
demonstrated by supervising the preliminary investigation and continuing to
monitor the investigation with the investigating officer, if appropriate
A Field supervisor shall be dispatched and respond to incidents of hate crime
The Field Supervisor shall maintain the flow of information on hate crimes to the
Division Commanding Officer
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Instruction Guide 40
ELDER AND DEPENDANT ADULT ABUSE (TB 182)
The State of California enacted Welfare and Institution Code (WIC) sections designed to
prevent the physical, financial and emotional abuse of elder and dependent adults. The
law mandates certain individuals and organizations to report all incidents of suspected
physical abuse, similar to the requirements relating to child abuse cases. The law states
that incidents of “other types” of abuse may be reported. The purpose of this bulletin is
to define the instances when a report shall be written and the proper reporting
procedure.
Definitions
The following definitions will assist law enforcement personnel who respond to a
possible elder or dependent adult abuse incident and shall be used to det ermine
whether or not a report is required:
Dependent Adult - Anyone age 18-64 who has physical or mental limitations
restricting his/her ability to carry out normal activities or restricting his/her ability
to protect his/her rights. This includes persons who have physical or
developmental disabilities or whose physical or mental abilities have diminished
because of age
Elder – Anyone age 65 or older
Fiduciary abuse – Taking, secreting or appropriating an elder’s money or
property by anyone having care or custody of the elder or standing in a position
of trust to the elder, for any use or purposes not in the due and lawful execution
of the trust
Isolation – Preventing an elder from receiving mail or telephone calls, or from
having contact with family, friends, or concerned persons; false imprisonment;
physical restraint; preventing an elder from meeting with visitors (isolation does
not constitute abuse when the caretaker is following the orders of a doctor and
the isolation is part of the medical care)
Mental suffering – Fear, agitation, confusion, severe depression, or other forms
of serious emotional distress resulting from threats, harassment, or other forms
of intimidating behavior
Neglect – Negligent failure of anyone having care or custody of an elder to
exercise reasonable care, including failure to assist in personal hygiene, or in
the provision of food, clothing, or shelter; failure to provide medical care for
physical and mental health needs; failure to protect from health and safety
Hazards; and failure to prevent malnutrition
Physical Abuse – Assault, battery; assault with a deadly weapon; unreasonable
physical constraint, or prolonged or continual deprivation of food or water; sexual
assault; certain uses of physical or chemical restraint or psychotropic medication
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Legislative Report
§15656 WIC or §368(b)(1) PC - Any person who, under circumstances or conditions
likely to produce great bodily harm or death, willfully causes or permits an elder or
dependent adult, with knowledge that he or she is a dependent adult, to suffer or inflicts
unjustifiable physical pain or mental suffering upon him or her, having the care or
custody of any elder or dependent adult, willfully causes or permits the person or health
of the elder or dependent adult to be injured, or willfully causes or permits the elder or
dependent adult to be placed in a situation such that his or her person or health is
endangered, is punishable by imprisonment in the county jail not exceeding one year, or
in the state prison for two, three or four years.
§368(d) PC – Any person, who is not a caretaker, who violates any provision of the law
proscribing theft or embezzlement, with respect to the property of an elder or dependent
adult, and who reasonably should know that the victim is an elder or dependent adult, is
punishable by imprisonment in a county jail not exceeding one year, or in the state
prison for two, three or four years when the loss exceeds $400.
§368(e) PC – Any caretaker of an elder or dependent adult who violates any pro vision
of law proscribing theft or embezzlement, with respect to the property of that elder or
dependent adult is punishable by imprisonment in a county jail not exceeding one year,
or in the state prison for two, three or four years, when the loss exceeds $400.
Reporting Procedures
A report shall be written and a DR number obtained in all incidents of alleged physical
abuse, even if the victim is non -desirous of prosecution. This abuse includes
unreasonable physical restraint or prolonged or continual deprivation of food and water
and/or any sign of financial misuse. The assigned unit shall also complete the Report of
Suspected Dependent Adult/Elder Abuse form (SOC 341). The classification line of the
investigative crime report shall reflect both the criminal violation and the statement,
“elder abuse,” or, “dependent adult abuse,” whichever is appropriate.
All incidents of elder/dependent adult abuse will be handled by following normal
procedures according to the criminal violation that has occurred. This includes:
Arrest Procedures
Case assignments
Follow-up investigation (when required)
A flash copy of any crime report listing elder or dependent adult abuse shall be sent to
the Child Abuse Detail for investigative purposes. Section 15630 WIC mandates th at
certain other agencies are notified in cases of physical abuse or neglect. The following
agencies shall be notified in the following circumstances:
The “Long Term Care Ombudsman Coordinator” must be notified when the
abuse allegedly occurred in a long-term care facility
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The Department of Public Social Services, Adult Protective Services (APS),
must be notified when the abuse occurred anywhere else
If a health practitioner licensed under Division 2 of the Business and Professions
Code committed the abuse or neglect, the appropriate licensing agency must
also be notified
The handling unit shall make the required notifications telephonically as soon as
possible. Any notifications shall be indicated in the complaint form. When notifying the
Adult Protective Services, the field officer will call the elder abuse hotline. The hotline
personnel will refer the officer to an APS worker for the area (24 hours a day). The
officer must get the address for the regional officer that will handle the incident from the
on-call APS worker. The officer shall indicate the worker’s name and the office address
in the crime report and in Section I of the Dependent Adult/Elder Abuse form.
The Detective Division assigned investigator must forward a copy of the Report of
Suspected Dependent Adult/Elder Abuse Report (SOC 341) to APS within 48 hours.
Twenty four-hour telephone numbers are reflected on page four of this bulletin. In cases
alleging any other type of abuse, including abandonment, mental abuse, or fiduciary
abuse (embezzlement), all attempts should be made to confirm the allegations with the
victim.
If a specific criminal violation occurred, a report indicating the appropriate violation shall
be written. The reporting procedures will be the same as those for physical abuse
cases.
In those instances where a specific criminal violation cannot be identified, or the victim
or other facts cannot substantiate the informant’s allegations, a report is still required. In
such cases, a crime report and a Report of Suspected Dependent Adult/Elder Abuse
form (SOC 341) shall be submitted. The classification line should read “Information
Only- Possible Elder Abuse”. The handling investigator will forward a copy of the
Dependent Adult/Elder Abuse form (SOC 341) to the concerned agency. No follow up is
required.
Note: In the above cases, telephonic notifications are not required.
All reports regarding the suspected dependent adult/elder abuse are confidential. The
information in the reports is to be released only to the following:
Protective services agencies
The Long Term Care Ombudsman Coordinator
Law enforcement agencies
Counsel representing an adult protective services agency or a law enforcement
agency
A District Attorney in a criminal prosecution
By court order
DPSS Adult Protective Services Units and 24 – Hours Hotlines
Long Term Care Ombudsman Coordinator 1-800-334-9473
24 Hour Elder Abuse Hotline 1-800-992-1660
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Instruction Guide 41
CRITICAL MISSING INVESTIGATIONS
When a parent cannot find a child, or a family member cannot lo cate a loved one, this
can put in motion a process of physical, emotional, and mental activity incomparable to
any other situation. The handling of critical missing persons should be taken seriously,
and with compassion for those involved. Avoiding complacency will be the key to
recognizing leads and increasing the chances for recovery of the missing person.
As defined in Long Beach Police Department Manual section 8.4.5, a “critical” missing is
a person that is missing and under the age of 12, or there is reason to believe one of
the following criteria exists:
The person missing is the victim of a crime or foul play
The person missing is in critical need of medical attention
The person missing has no pattern of running away or disappearing, (i.e. the
victim of abduction). The purpose of this criterion is to differentiate between
juveniles that “runaway” versus those who may have been abducted in some
manner. Officers encountering a runaway where no reasonable belief exists that
the runaway is in immediate danger may treat the incident as a non-critical
missing.
The person missing may be the victim of parental abduction and there is reason
to believe harm may come to the child
The person missing is significantly mentally impaired
The following protocols shall be adhered to during the investigation of critical missing
persons:
When an officer is dispatched to a critical missing incident, the officer must first verify a
critical missing person incident exists. If the dispatched officer’s initial investigation
suggests foul play or kidnapping, the Homicide Detail shall be contacted. The Homicide
Detail will retain investigative authority over the incident. If it is determined that the
person is a victim of a parental abduction, the Child Abuse Detail shall reta in
investigative authority over the incident. The supervisor may consider an immediate
CART response. If a missing persons investigation involves a Homicide Detail call-out
or a Child Abuse Detail call-out.
Missing juveniles younger than 16 years of age or any person defined as “at risk” must
be entered into the NCIC Missing Persons Systems, via MUPS, within four hours by the
agency taking the report (California Penal Code 14205(b)). This requirement is
accomplished by Police Systems (Teletype), 562-570-5310 after the officer faxes the
completed report.
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Officer’s Responsibilities
Section 14205 (a) PC mandates officers to take a proper course of action for initial
response and immediately make an assessment of steps to locate a critical missing.
Without delay, broadcast information on critical missing
Request a Field Supervisor
Notify the Youth Services Section to confirm that a detective is filing the initial
Missing Persons report and regularly update the detective during the search
Search the immediate area
Secure a recent photo, fingerprints, and other relevant documents, if available
Request and examine court orders regarding custody
Complete a Critical Missing Field Checklist, Form PD 3200.42
Follow other reporting requirements (evidence, vehicle tow sheets, etc.)
Request that the Communications Center notify other agencies, (as needed)
Make referrals to local counseling agencies
Youth Services Detective
File the initial Missing Persons Report (Form PD 3135.005, 9/05)
Fax a copy of the report to Teletype (562-570-5310) and the Communication
Center (562-570-9565) immediately upon completion
Call Teletype to insure that the report was received and explain the need for the
report to be sent to DOJ as soon as possible
Attach a Narrative/Supplemental Form PD 4210.001 to the missing person
report and log all information received from the on -scene officer regarding the
critical missing (to be turned over to Missing Persons detective)
Maintain a copy of the missing report at the YSD front desk
Inform the Calling Party they must call (562) 570-1425 when the missing person
has been located
The assigned YSS detective may also consider:
Calling the Medical Alert Ready Network to request that all area hospitals
receive notification of the critically missing person, by calling (866) 940-4401 or
(323) 869-0578 (press 3 when the recording starts)
Complete a BOLO and fax the BOLO to Teletype for Los Angeles County,
Orange County or other county notifications
Respond to the scene and assist the investigation by utilizin g an
“NCMEC/Department of Justice, Investigative Checklist for First Responders”
form
Downgrade of a Critical Missing Incident
Critical Missing Juveniles under age 12 can only be downgraded with the approval of
the Detective Division Commander. The Watch Commander may downgrade all other
critical missing person incidents. In all critical missing incidents, the Commander of the
Detective Division shall be notified via Watch Commander Log and/or email.
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Instruction Guide 42
CRITICAL MISSING OR RUNAWAY JUVENILES
Missing persons reports, regardless of classification, will be dispatched to a patrol unit
in the respective division. The patrol officer will conduct the initial investigation, take the
missing person report and make all appropriate notifications as outlined below. The
only exception to this reporting requirement is “out of jurisdictional (courtesy reports)
reports” that will be taken by front desk personnel.
The following information should be used as a guide for patrol officers in taking the
various classifications of missing persons.
A. At Risk Missing (Adult or Juvenile)
Definition of “At Risk” (Critical) missing person is a person who:
Is under 12 years of age
The person missing is the victim of foul play.
The person missing is in critical need of medical attention.
The person missing has no pattern of running away or disappearing, (i.e.
the victim of an abduction). The purpose of this criterion is to differentiate
between juveniles that “runaway” versus those who may have been
abducted in some manner. Officers encountering a runaway where no
reasonable belief exists to believe the runaway is in immediate danger
may treat the incident as a non-critical missing.
The person missing may be the victim of parental abduction and there is
reason to believe harm may come to the child.
The person missing is significantly mentally impaired.
The information listed below will assist with the handling of critical missing person
investigations:
The terms “At Risk” and “Critical” missing persons are synonymous with
each other.
The Communications Center will make every attempt to determine if the
missing person meets the criteria of a critical missing. If they determine it
does meet the criteria, the call will be classified and dispatched as a
priority one.
A patrol officer may be dispatched to a priority two (non -critical) missing
persons call and determine the missing person to be an “at risk” (critical)
missing. If this occurs the patrol officer must notify their supervisor and
the Communications Center. The Communications Center will then air a
BOLO on all channels (mandatory per DOJ).
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It is the responsibility of the handling officer to ensure the missing person
report is delivered or faxed to Teletype within two hours per Penal Code
section 14205(b). This two-hour mandate is required on all missing person
reports of persons under 21 years of age or those determined to be “At
Risk”.
The Watch Commander or his designee have the ability to notify the “On -
Call” Homicide Missing Persons Sergeant/Detective for assistance.
If the investigation progresses to a point where an informational bulletin
must be generated, the Homicide/Missing Persons Detail “On-Call”
personnel shall be notified.
It is recommended to notify the “On-Call” Homicide/Missing Persons Detail
personnel if the investigation reaches the 4 hour mark.
If foul play is suspected, notify Homicide per policy.
In the event of a parental/family abduction where there is no evidence of
immediate threat to the child the Child Abuse Detail shall be notified. If
there IS evidence of immediate threat to the child then the Homicide
Missing Persons Detail shall be notified.
B. Not at Risk (Adult and Juvenile)
If the missing person is deemed “not at risk”, and 21 or older, the patrol
officer shall fax a copy of the report to teletype as soon as practical but no
later than the end of their shift. These calls will be dispatched through the
Communications Center as a priority two call.
C. Out of Jurisdiction Reports
If the missing person resides in another jurisdiction the Communications
Center will forward the call to the front desk. Front desk personnel will take
the courtesy missing person report and then forward it to the
appropriate agency OR facilitate the transfer of the reporting party to that
agency.
It will be the responsibility of front desk personnel to ensure the report is
faxed to teletype in every instance where a report is taken.
No officer will be dispatched on an out of jurisdiction report unless further
investigation/questioning by front desk personnel determines the last
known location of the missing person was in our city.
The following information shall be used as a guide for patrol officers while handling
dispatches to missing persons investigations.
Verify that the incident is a missing person case.
Determine the type of missing person case.
Identify the existence of any suspicious circumstances and risk factors.
Identify and isolate any potential crime scene area(s).
Obtain description of the victim and possible suspect(s).
Identify any potential witnesses.
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Obtain a recent photograph of the missing person (critical missing only).
Contact a supervisor when needed or required per existing policy.
Obtain a signed authorization to release dental/skeletal x-rays form (critical
missing only).
Obtain DNA evidence (toothbrush, hairbrush) when appropriate (critical missing
only).
In the event an Amber or Silver alert is deemed appropriate, the Watch
Commander will notify the “on call” Homicide Missing Persons
Sergeant/Detective for assistance.
As a result of the Missing Persons Unit being reassigned under the Gang &
Violent Crimes Division, any critical missing child under 12 years old can only be
downgraded by the GVC Division Commander, (the GVC Division Commander
replaces the Detective Division Commander). All other critical missing cases
may be downgraded by the Watch Commander.
Located Missing Reports
All located missing persons calls will be dispatched to the appropriate patrol division. A
patrol officer will respond to the located person’s location for verification and reporting.
This investigation is necessary to ensure there were no unusual or criminal
circumstances related to the incident. It is the patrol officer’s responsibility to file the
“Located Missing Person” report (shaded portions only) and fax this report to teletype
for removal from NCIC prior to the end of shift.
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Instruction Guide 43
COMMUNITY ORIENTED PUBLIC SAFETY (COPS)
Community Oriented Public Safety empowers neighborhood residents to be the eyes
and ears of the Long Beach Police Department as well as to participate in the problem
solving process by providing ideas that can become solutions. The police alone cannot
implement and advance Community Oriented Public Safety. Neighborhoods benefit
when community partnerships are formed to implement Community Oriented Public
Safety. These partnerships increase the amount of information available to the police,
reduce duplication of efforts and improve the comprehensiveness of approaches to
community programs.
Cooperation and Collaboration
Cooperation and collaboration are vital to the success of Community Oriented Public
Safety. Both cooperation and collaboration occur when a number of agencies and
individuals make a commitment to work together and contribute resou rces to obtain a
common long-term goal. For collaboration to be effective, partners must bring their
expertise to the table. Trusting relationships must exist among and between the
partners. By collaborating, we accomplish what individuals alone cannot, pr event
duplication of efforts, and provide a more systematic, comprehensive approach to
addressing problems. Cooperation and collaboration require a problem -solving model to
bring focus to every issue. A problem-solving model also serves to keep participants
accountable.
Responsibilities
Responsibilities must be shared among partners to build commitment, respect, and a
sense of accomplishment. When every individual, business, and government entity
understands its role and how that role plays into the bigger picture of securing a safe
and secure community, the possibility for success becomes inevitable.
The Community
Community participation is essential to successful neighborhood problem solving.
Residents, schools, businesses and community organizations have the responsibility to
provide input and feedback into the problem solving process. Community participation
empowers residents and allows them to take a leadership role in determining the future
of their community. Ultimately, this partnership between cit y government and the
community will achieve success by implementing strategies that provide long-term,
sustainable solutions to neighborhood problems. In a safe community, individuals have
personal responsibility and participate through community involvement.
Community responsibilities include:
Personal Responsibility:
Take a stand against violent crime and issues that impact quality of life
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Get educated on crime prevention measures to reduce the likelihood of
becoming a victim
Get help to resolve personal and family problems
Exercise parental authority and responsibility
Community Involvement:
Report and provide timely information about suspicious activities and crimes
Help to prosecute criminals by assisting in the follow up investigation
Voice concerns about community crime and disorder problems
Actively participate in the problem solving process
Volunteer time to community group and neighborhood improvement measures
Assist in providing resources to help implement problem solving strategies
City Government
The importance of city government’s role in solving long term community problems is
vital to the success of Community Oriented Public Safety. Long Beach provides the
community with many resources such as Health Services, Parks, Recreation and
Marine, Public Works, Community Development, Public Transportation, Fire, Water,
Planning and Building, and Energy. The responsibility of city government is to bring the
skill and expertise of its many departments together so that neighborhood quality of life
is enriched.
City government responsibilities include:
Organize city resources to effectively manage community issues
Facilitate communication and collaboration among city departments
Track community issues to avoid duplication of effort
Support quality of life standards
The Police
Officers who adopt the Community Oriented Public Safety philosophy are not soft on
crime nor are they social workers. When a crime occurs they do not simply assess and
reflect on the situation. Rather, they enforce the law by makin g an arrest and putting the
offender in jail. By adopting the Community Oriented Public Safety philosophy officers
now have an additional tool available to help them address problems.
Police responsibilities include:
Participate in the problem solving process
Listen to community concerns and participate in community groups and activities
Establish and support crime prevention programs
Respond to calls for service
Investigate crimes
Apprehend those who commit crimes
Help to convict persons charged with crimes
Provide various other police services
The Broken Window Theory
The Broken Window Theory assumes that serious crime can be reduced by strongly
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enforcing quality of life crimes such as graffiti, property damage, prostitution, and public
drunkenness. If evidence of decay such as accumulated trash, broken windows,
overgrown trees, chipped paint, and deteriorated buildings remain in a neighborhood for
a reasonably long period of time, people who live and work in the area may feel more
vulnerable and begin to withdraw. As a result, individuals become more fearful and
withdraw further from community involvement and upkeep. This atmosphere then
attracts offenders from outside the area, who sense that it has become a vulnerable and
less risky site for crime because of minimal care for property and the appearance of lack
of governmental control.
Keep in mind:
Individuals are not always the entire problem, sometimes they may be the
symptom or result of the problem
Just making an arrest does not solve the problem
Environmental and physical factors contribute to criminal activity such as
unkempt property, poor lighting, and overgrown vegetation
The Community Problem Solving Model
S.A.R.A. (SCAN, ANALYZE, RESPOND AND ASSESS) has been used for some time
as a model for problem solving. It is an integral part of the philosophy of Community
Oriented Public Safety in the United States. It is used to identify and assess the causes
and severity of a problem and allows for the most effective implementation of solutions.
Its four stages are:
Scan – Identify neighborhood crime and disorder problems. Identify the problem and
who is affected by it. Look for underlying causes and avoid focusing on symptoms.
Identify problems through:
Personal experience with the location, activity, or the behavior that has come to your
attention; and Communication with residents, businesses, other public or private
agencies.
Analyze – Identify and understand conditions that cause problems to occur. Four
questions that should be asked are:
Why is the problem occurring at this specific location?
Who is affected by the problem and how are they harmed?
How severe is the problem?
Who can help turn this problem around?
Respond – Develop and implement solutions. Solutions can seek to:
Eliminate the problem
Reduce the problem
Reduce the harm created by the problem
Develop a process for better management of the problem
Assess – Determine the impact by evaluating the effectiveness of the response and
look for ways to sustain the improvements. Assessment may include some combination
of the following:
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Reduced calls for service, reported crime or reduced complaints
Satisfied residents or businesses
A more manageable problem
Police Department Personnel Responsibilities
Community Oriented Public Safety depends on individuals to perform problem solving. It
emphasizes an organization wide philosophy where all employees take a leadership
role as a problem solver. Below are some common responsibilities for Long Beach
Police Department personnel:
Front Line Employee Responsibilities:
Take ownership for problems in their beat
Take the time to talk to people in the community and figure out what is important
to them
Look at the overall picture and address problems through quality of life
enforcement, crime prevention, and traditional policing
Use S.A.R.A. as a tool for solving problems
Develop an understanding of community and city resources available to address
crime related problems
Take care of the problem and eliminate the need to come back
Maintain successes by checking back from time to time - it is easier to maintain
the ground you’ve gained versus having to start all over again
Follow-up with the community to see if the problem has been resolved
Share successes to help other officers with similar problems
Promote Courtesy, Professionalism, and Respect (C.P.R.)
Supervisor Responsibilities:
Allow officers freedom to experiment with new approaches
Grant flexibility in work schedules when requests are proper
Encourages officers to make contacts with the community
Know officers' beats and important citizens in them and expect officers to know
them even better
Coach officers through the problem solving process, give advice, help them
manage their time, and help them develop work plans
Support officers even if their strategies fail, as long as something useful is
learned in the process, and the strategy was well thought through
Manage problem solving efforts over a long period of time; not allow the effort to
die just because it gets sidetracked by competing demands for time and attention
Give credit to officers and lets others know about their good work
Coordinate efforts across shifts, beats, and outside units and agencies
Identify emerging problems by monitoring calls for service, crime patterns, and
community concerns
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Instruction Guide 44
JUVENILE LAW
Introduction to Juvenile Law
This section discusses the law as it relates to juveniles (persons under the age of 18).
The section addresses the problem of juveniles both as violators of the law and as
victims. Attention is also devoted to school-related laws.
The bulk of California juvenile law is found in the Welfare and Institutions Code (WIC).
The basic philosophy and purpose of California juvenile procedures are spelled out in
Welfare and Institutions Code Sections 202 and 203. Briefly, the philosophy and
purpose is twofold:
To promote and protect the best interests of the child; and,
To protect the public at the same time
Juvenile court proceedings are not criminal proceedings. Their purpose is rehabilitation ,
not punishment. A juvenile found by a Juvenile Court to have committed a crime does
not suffer a criminal conviction. The exception occurs when a juvenile, 14 to 17,
commits a serious felony and is found unfit to have the case heard in Juvenile Court. If
a juvenile is found unfit, the adult district attorney will file and adjudicate the case in
adult court. Thus, juvenile law emphasizes the rehabilitation of the juvenile offenders,
but the protection of the public is an equally important thread runnin g through the
Juvenile Court law.
Jurisdiction of the Juvenile Court
Juveniles under the age of 14:
While California law has no minimum age of accountability, juveniles under the age of
14 are presumed incapable of criminal intent. The prosecution bear s the burden of
proving that, at the time of the commission of the crime, the juvenile knew the
wrongfulness of his/her act.
When arresting or issuing a citation to a child under the age of 14, the officer must fill
out a Gladys R. Questionnaire to determ ine if the child knows right from wrong. The
Gladys R. Questionnaire also gives the officer the option to question a parent, guardian
or teacher to determine if a child knows right from wrong.
Juveniles age 14 to 17:
From the age of 14 through 17, juveniles are considered responsible for their actions.
They are still within the jurisdiction of the Juvenile Court with its emphasis on
rehabilitation, not punishment. An exception to this general rule is set forth in Section
707 WIC, where specified in situations, juveniles age 14 through 17 can be determined
300
to be unfit for treatment under the Juvenile Court law and can then be transferred to
adult court jurisdiction.
Classification of Juveniles within the Juvenile Court System
Dependent Children-Welfare and Institutions Code, Section 300:
Dependent Children who fall under the 300 WIC section are described as any minor
who has suffered, or there is a substantial risk that the minor will suffer:
Physical abuse, physical neglect, sexual abuse, mental suffe ring or emotional
abuse as inflicted non-accidentally upon a minor.
Serious physical harm that does not result in a traumatic injury and does not
include reasonable and age appropriate spanking to the buttocks where there is
no evidence of serious physical injury.
Serious physical harm or illness, as a result of the failure or inability of the parent
or guardian to adequately supervise or protect the minor or the minor's sibling.
Serious emotional damage, or is at substantial risk of suffering serious emotional
damage, evidenced by severe anxiety, depression, withdrawal, or aggressive
behavior toward self or others as the result of the conduct of the parent or
guardian is Child Abuse.
Sexual abuse, as defined in Section 11165.1 of the Penal Code, by a par ent or
guardian or a member of the household, or the parent or guardian has failed to
adequately protect the minor or the minor's sibling from sexual abuse when the
parent or guardian knew or reasonably should have known that the minor was in
danger of sexual abuse.
Or, a minor or the minor's sibling is under the age of five and has suffered
“severe” physical abuse by a parent, or by a person known by the parent, if the
parent knew or reasonably should have known that the person was physically
abusing the minor. (“Severe physical abuse” means any act of abuse which
causes physical trauma, if left untreated, would cause permanent physical
disfigurement, permanent physical disability, or death; or any act of sexual abuse
which causes significant bleeding, deep bruising or significant external or internal
swelling)
Or, the minor's parent or guardian has been arrested or institutionalized.
The investigation of these cases starts with the initial patrol response. Follow-up
investigations are handled by the Family Services. In lieu of filing a child abuse report
when non-traumatic corporal punishment is the issue – a DR may be filed as an info-
memo or misc-offense report.
Status Offenders-Welfare and Institutions Code, Section 601:
An incorrigible minor is any person under the age of 18 years who persistently or
habitually refuses to obey the reasonable or proper orders or directions of his/her
parents, guardian, or custodian.
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A status offender is a person under the age of 18 who engages in conduct that would be
illegal if committed by an adult or subject to the minimum level of sanctions available by
code or statute.
Any officer who comes into contact with a status offender who is a chronic incorrigible
should contact a Juvenile Investigation Section Detective to determine what action
should be taken with the minor.
Status offenders are also those minors who violate any age -based city, county or state
ordinance such as smoking or loitering laws (i.e. truancy, curfew).
Incorrigible minors who have not committed criminal offenses or those who continue to
disregard parental authority may be referred to Probation with a 601 referral form.
Criminal Offenders-Welfare and Institutions Code, Section 602:
A juvenile criminal offender is any person under the age of 18 years who violates any
State or Federal law, or any city, county or state ordinance, not including age -based
ordinances.
Detention of Juveniles
All juveniles in custody, with the exception of some dependent and found children who
are described in Section 300 and 601 of the Welfare and Institutions Code, will be taken
to the Juvenile Investigations Section for processing.
Dependent Children (300 W.I.C.) and Wards Of The Court (601 W.I.C.)
Dependent and found child children will NOT be temporarily housed in the Public Safety
Building or any other Police Facility, while awaiting final disposition by a County of Los
Angeles D.C.F.S. employee. All dependent children as described in Section 300 of the
Welfare and Institution Code (W.I.C.), and taken into temp orary custody under authority
of Section 305 W.I.C. shall be delivered directly to D.C.F.S. in the manner described
below:
All found children who are in custody of the police may be released to the parents or
legal guardian. If a parent or legal guardian cannot be found, the child shall be released
to D.C.F.S. as follows
Children described in Section 300 W.I.C. who have warrants may be brought to the
Juvenile Investigations Section for processing. Officers will follow the procedures noted
in Manual Section 7.1.25 for all 300 W.I.C. children who do not have a warrant. On rare
occasions children under 3-years of age may have warrants. These children should not
be brought to Youth Services. Officers will follow the procedures noted in Manual
Section 7.1.25 when dealing with 300 W.I.C. children under 3-years of age.
300 W.I.C. children who have warrants are to be brought through the front door of the
Juvenile Investigations Section. Officers will contact the Juvenile Investigations Section
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detective at the Front Desk for further direction. 300 W.I.C. children shall not be
detained with juveniles described as 601 W.I.C. violators, (incorrigibles, truants,
runaways, and juvenile loiterers) or 602 W.I.C. violators (violators of criminal laws). The
arresting officers will keep 300 W.I.C. children in constant visual and auditory contact.
300 W.I.C. children, who are taken by the Department of Children and Family Services
(D.C.S.F.) and not brought to the Juvenile Investigations Section, must still be
processed through the booking computer. These bookings may be accomplished in the
booking facilities located at the Juvenile Investigations Section. Booking officers will
accept these bookings at the Juvenile Investigations Section and not refer officers to
another facility for booking.
However, if the booking is accomplished at the Juvenile Investigations Section,
arresting officers will be required to turn the paperwork in at headquarters due to the
fact that the Child Abuse Detail will handle the processing.
601 W.I.C. children. It is the decision of the Probation Department, approved by the
Juvenile Court, that minors arrested solely on Juvenile Court warrants issued pursuant
to Section 601 Welfare & Institutions Code must be delivered by our officers to f oster
homes within the SODA (Status Offender Detention Alternative) program. These
minors will not be admitted to the 601 W.I.C. unit at Los Padrinos Juvenile Hall.
The following procedure will be followed when arresting such a minor:
To obtain a SODA foster home assignment call:
o Monday – Friday, 8:00 a.m. to 5:00 p.m.
Resource Control: (323) 730-4400
All other hours:
o Central Juvenile Hall IDC: (323) 226-8506
(This is the same procedure as that for obtaining a SODA bed for a
runaway minor).
Fax a copy of the Warrant Abstract and the Juvenile Hall Entrance Record to
Central Juvenile Hall IDC, Fax: (323) 221-4879.
Deliver the minor to the SODA foster home.
The following types of Juvenile Prisoners cannot be detained at the Juvenile
Investigations Section:
Intoxicated, those who are an immediate threat to themselves or others. (See
intoxicated Juveniles Section 8.4.23 in this manual.)
Psychotic, suicidal, i.e., within the realm of 5150 W & I Code.
Under the influence of PCP.
In need of immediate medical care at a hospital emergency room.
In need of continuing medical care or treatment.
Any juvenile who presents a physical control problem, i.e. violent, combative, or
refusing to cooperate with verbal instructions.
Any juvenile who requires special handling that may exceed the abilities of
detention personnel, i.e., a juvenile with serious medical or mental problem that
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significantly increased departmental liability. If in doubt, call the Juvenile
Investigations Section at 570-1425 for advice.
If officers detain any of the above-mentioned juveniles, they are to be transported
to a hospital or county facility according to Manual Section 6.5.5.2. or Training
Bulletin 62 (see Addenda #2 and #3). If there are any questions regarding
detention of these types of juveniles, officers may contact the Juvenile
Investigations Section supervisor at 570-1425.
Searches and Bookings of Juveniles at the Juvenile Investigations Section
The arresting or transporting officers are responsible for searching their prisoners.
Officers shall conduct a field search of all subjects before placing them into a police
vehicle. All arrested subjects shall be handcuffed while being transported to the
Juvenile Investigations Section. Juveniles will remain handcuffed while the booking
process is conducted or until they are placed in a holding room.
NOTE: The only reason to un-handcuff a juvenile outside the holding room will be to
fingerprint or release the juvenile to a parent or legal guardian, or to facilitate writing.
Once officers have entered the gun locker area they will secure their weapon in one of
the gun lockers. (Officers who are not going or enter the 601 or 602 detention areas are
not required to secure their weapons.)
Officers will then enter the detention area. They will first pass through the 601 W.I.C.
detention area en route to Booking. Officers will ensure that any 601 W.I.C. violators in
this area are inside the 601 Detention Room and no physical contact is made between
the 601 W.I.C. violators and the 602 W.I.C. violators.
Officers will contact a juvenile detective as soon as possible. The juvenile detective will
evaluate the arrest and approve or disapprove the booking.
If the booking is approved, officers will fill-out a county booking form, a juvenile booking
form, and inventory the juvenile’s property. 601 W.I.C. violators and 602 W.I.C.
violators much be separated after the booking process.
Detectives will ensure that a juvenile is searched prior to being placed in a detention cell
or area by the arresting officer.
Female subjects are to be searched by female officers. If a female officer is not
available at the Juvenile Investigations Section, a female patrol officer shall be called in
from the field.
Male officers shall make a complete search of female subjects ONLY if probable cause
exists, that she may be concealing a dangerous weapon, officer safety would be
jeopardized if the search aware delayed, and no female officers are available. Under
such circumstances, a male officer may perform such search of the female prisoners as
is necessary to ensure the safety of the officers, the prisoner, and any persons with
whom she may come in contact. Immediately subsequent to the search, the searching
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officers will notify the on-duty juvenile supervisor or their division supervisor of the
search and the justification for the search.
All officers will follow the searching procedures noted in Manual Section 6.5.3. and
Manual Section 6.5.4.
Male officers shall not be alone with female juveniles while in the detent ion area. It is
acceptable for two male officers to be alone in the detention area with female juveniles.
At intake, all property will be inventoried and handwritten on the Juvenile Booking form.
The property, including money, listed on the booking form will be initialed by the juvenile
and then entered into the LiveScan computer. ALL money will be placed in an
enveloped, sealed and placed in a clear plastic property bag. ALL property placed in
the plastic property bag will be heat sealed prior to tran sporting the juvenile to Los
Padrinos Juvenile Hall.
When a juvenile is released to Los Padrinos Juvenile Hall, two copies of the Inmate
Property Receipt form will be printed out as part of the paperwork. One copy will be
given to Los Padrinos personnel as a part of their paperwork and the juvenile will sign
the other copy.
The signed juvenile copy will be returned to the Juvenile Investigations Section by one
of the following:
Directly by the transporting officer;
By FAX at (562) 570-1466 or (562) 570-1468 to the Watch 2 Supervisor;
By interoffice mail to Juvenile Investigation Section, Attention Watch 2
supervisors.
Juveniles released to their parent or guardian will sign the Inmate Property Receipt form
prior to being released. The signed release form will be placed in their arrest package.
If a juvenile is released prior to being booked and the property has been inventoried, the
juvenile will initial the RNB form.
Medical Care of Juveniles
Officers are responsible for the proper medical care of ju veniles who are taken into
custody. Juveniles who are bleeding, have open wounds, are complaining of pain, or
who are showing signs of medical distress must immediately be taken to the other
contract hospital (prior to booking).
Occasionally, a juvenile may need to be admitted to a hospital or there is a need for
continuous medical treatment of some type. If the juvenile being detained has
committed a murder or serious felony, they will need to be booked at U.S.C. Medical
Center. Juveniles who have comm itted minor offense will be released, not booked.
Call the Juvenile Investigations Section at (562) 570 -1425 for guidance as soon as
possible when these situations occur.
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The juvenile supplemental booking form contains a box regarding the juvenile’s medi cal
condition and the juvenile’s drug and/or alcohol consumption. These boxes must be
filled out prior to booking. Officers will notify the booking personnel of the minor’s
medical condition prior to booking.
Booking personnel are responsible for determ ining if the juvenile’s medical condition is
considered unacceptable for booking. It is the arresting officer’s responsibility to ensure
care and transportation of the juvenile if necessary.
Officers will not administer medication to juveniles.
Medical Emergencies at the Juvenile Investigations Section
If a juvenile becomes ill while at the Juvenile Investigations Section facility, the ranking
officer present must be notified immediately:
If the illness is minor, the juvenile should be transported to the contract hospital.
If the illness is an emergency or could possibly become an emergency,
paramedics shall be called immediately.
If paramedics transport a minor, an officer must accompany the minor.
Do not transport an unconscious minor; call paramedics. (Manual Section 7.1.24)
If paramedics are called, the Watch Commander must be notified and the
incident must be entered into the Watch Commander’s log.
Death of Minor While Detained
Officers will ensure that the scene is secured in order to preserve all evidence.
The Officers on scene will immediately notify the ranking juvenile supervisor.
The ranking juvenile supervisor will:
Immediately contact the Watch Commander and the Juvenile Investigations
Section lieutenant and Detectives Division Commander.
Ensure that the Homicide Detail has been notified.
File a memorandum to the Chief of Police, Bureau Chiefs, and the Detectives
Division Commander.
Suicidal Juveniles
Juveniles who are suicidal will not be brought to Juvenile Investigations; rather they
should be transported to Harbor General Hospital as soon as possible (see Training
Bulletin #63).
If a juvenile is brought to the Juvenile Investigations Section and becomes suicidal, the
arresting officer must take them to Harbor General Hospital or Los Pa drinos (if they will
accept the juvenile). Los Padrinos has a suicide ward. The on -duty Juvenile
Investigation supervisor or detective should make the call to Los Padrinos. (Example: a
good 245-suspect goes to Harbor General; they release the juvenile, we don’t get the
juvenile and neither does Los Padrinos; he walks.)
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If a juvenile states they are suicidal or states they will kill themselves, arresting officers
will transport the juvenile to Harbor General Hospital. The Juvenile Booking officer will
notify the Watch Commander that the juvenile was taken to Harbor General Hospital
from the Juvenile Investigations Section.
Subjects who are suicidal will often display signs of depression. The below signs will
help officers evaluate the subjects they have arrested or detained.
Physical Signs:
Sadness and crying;
Withdrawal, silence;
Loss or gain in appetite marked by noticeable weight gain or loss;
Insomnia, awakening early and not being able to return to sleep;
Mood variations;
Lethargy, slowing of physical movements.
Verbal Signs:
Projects hopelessness, or helplessness;
Speaks of getting out of jail unrealistically;
Sees an unrealistic future for this life;
Does not appear to be effectively dealing with the present (may be preoccupied
with the past);
Has increasing difficulty relating to others;
Exhibits sudden changes in behavior (i.e., makes an unprovoked attack on an
officer).
Exhibits or communicates overwhelming feelings of confusion;
Speaks of plans to commit suicide.
Other Signs:
Has previously attempted suicide;
Has a previous history of mental illness;
Gives away personal possessions.
If a juvenile has committed a crime and is taken to Harbor General Hospital, officers will
notify a Juvenile detective prior to the end of their shift. Officers will also ensure that a
copy of the paperwork is sent to the Juvenile Investigations Section before the end of
shift.
Separation of Juveniles at the Juvenile Investigations Section
Juveniles described by Section 601 W.I.C. (Incorrigibles, truants, runawa ys, and
loitering violators) may not be held with or have contact with juveniles described in
Section 602 W.I.C. (Any violation of the law other than those noted in Section 601
W.I.C.).
The arresting officer shall stay in constant visual and auditory contact with all juveniles.
Until the appropriate paperwork is completed; and
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Until notified by the assigned booking employee that they are relieved.
Juveniles being detained for curfew may be detained in the lobby.
Juveniles described as status offenders (601 W.I.C.) will not be detained with loitering
violators or law violators (602 W.I.C.). 601 W.I.C. juveniles will be detained in the 601 -
detention area and 602 W.I.C. juveniles will be detained in the 602 W.I.C. detention
area.
Force, Unusual Incidents
When necessary officers may use force against juveniles in accordance with the
policies noted in Manual Section 7.1.2 (Force – Use of) and Section 7.13.3 (Arrests –
Force).
Control may be achieved through advice, warnings and persuasion, or if necessary ,
escalate to the use of physical force. Officers are permitted to use whatever force is
reasonable and necessary to protect others or themselves from bodily harm, or to affect
an arrest.
Employees or serve officers involved in a reportable use of force incident shall notify
their supervisor as soon as practicable, following an incident. The supervisor shall
immediately report the use of force incident to the Watch Commander. Discharge of a
chemical irritant for purposes other than approved training exe rcises, shall require the
same notification and reporting.
In all cases where the Carotid Restraint has been applied, medical personnel shall
evaluate the subject immediately thereafter. It shall be the responsibility of the
employee utilizing the Carotid Restraint to ensure that a medical evaluation is
conducted.
Juvenile Investigations Section detectives will fill-out a jail incident report whenever
force is used or when an unusual incident occurs at the Juvenile Investigations Section
(see Addenda #7A and #7B).
The use of discipline, such as denying privileges or corporal punishment is prohibited.
Time Limit for Holding Juveniles
Every reasonable attempt will be taken by the assigned detective to insure that the
juveniles held at this facility will be removed within a six-hour period from the time of
booking. Examples of reasonable delays for release may be as follows:
Natural disasters or emergencies within the city;
Transportation problems;
Severity of the offense dictates that additional time is needed for investigation;
There is a reasonable likelihood the parents or guardians will pick-up the juvenile
shortly after a six-hour time period.
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Juvenile Citations
The Los Angeles Superior Court has closed all of the Juvenile Traffic Courts. Extensiv e
changes have been made to the Section that officers are authorized to issues to minors.
All misdemeanor citations issued to minors, including 12500(a)-VC, 14601.1-VC,
and 31-VC, the “TO BE NOTIFIED” box must be marked. DO NOT include a
court date.
Juveniles can no longer be cited for 490.1(a)-PC or 484(a)-PC and shall be
booked.
All traffic infraction citations issued to minors are to be sent to adult traffic court.
Mark box Room 203 – Traffic and Include a Court Date.
Juvenile Misdemeanor Citation Code Sections
These citations should have No Appearance Date and must be marked “TO BE
NOTIFIED”.
PENAL CODES
308(b) Possession of tobacco, cigarettes, cigarette papers
330 Illicit gaming (gambling)
374.4(a) Unlawful dumping of waste
415(1) Fight in a public place
415(2) Unreasonable noise
415(3 Offensive words in public
485 Keeping lost property
502(c)(6),(7),(8) Unauthorized computer access
555 Trespass on posted property
594(a)(1) Vandalism with liquid or paint
594.1(b) Minor purchase spray paint
594.1(e)(1) Minor possess spray paint
602m Enter/Occupy private property w/o permission
602.8(a) On fenced property w/o permission
640(c)(1) Fare evasion
640(d)(1) Disturbance on public transportation
640a Use of slugs in coin machine
647(f) Public intoxication
BUSINESS AND PROFESSIONS CODES
25658(a) Provide alcohol to a minor
25658(b) Minor consuming alcohol in on-sale premises
25658.5(a) Minor attempt to purchase alcohol
25661 Use false ID to purchase alcohol
25662(a) Minor possessing alcohol
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HEALTH AND SAFETY CODES
11357(B) Possession of Marijuana L/T 1oz
VEHICLE CODES
12500(A) Unlicensed Driver
14601.1 License suspended or revoked
31 False identification
Officers who issue a citation to a juvenile for a misdemeanor offense may need a follow-
up for each citation written. The follow-up should be filed on a Long Beach Police
Department Citation Follow-up Form.
Citations issued to juveniles under the age of 14 must be accompanied by a Gladys R.
Questionnaire. The citation, follow-up report and Gladys R. Questionnaire should all be
filed together.
Juveniles taken to Harbor General for psychological evaluation should not be cited.
After transporting a juvenile to Harbor General, the officer should file an R.N.B. per
department policy.
By law, citations for 11357(b) H&S, Possession of less than 1 ounce of marijuana, must
be destroyed after 26 months. Due to this law, officers should not add any additional
sections to a citation for 11357(b) H&S. If a juvenile is going to be cited for 11357(b)
H&S, along with another section, the officer must write one citation for the 11357(b)
H&S and a separate citation for the other section.
Miranda Warning
According to 625 WIC, in any case where a minor is taken into temporary custody on
the grounds that the juvenile meets the criteria of 601 or 602 WIC, the officer must
advise the minor that anything he/she says can be used against him/her and shall
advise him/her of his/her constitutional rights, including his/her right to remain silent,
right to have counsel present during any interrogation, and right to have counsel
appointed if he/she is unable to afford counsel. The Miranda Warning will be read to all
juvenile offenders in “temporary custody” even if the officer does not plan to interrogate
the juvenile.
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Instruction Guide 45
DRIVING UNDER THE INFLUENCE
Officers usually come into contact with a drunk driver by:
Directly observing the individual while driving
A citizen reports the individual's drunk driving
The officer is called to the scene of an accident
The officer stops the individual for a traffic violation
Officers should stop any driver they suspect of operating a motor vehicle in any manner
that would raise doubt as to their ability to safel y operate a motor vehicle. Prior to
initiating a traffic stop, the officer should be able to articulate the driver’s inability to
properly control the motor vehicle (i.e. weaving in and out of traffic lanes, impeding
traffic, failure to obey the rules of the road, etc.).
Driving Under the Influenced (Misdemeanor) 23152 CVC
Elements of 23152 CVC:
It is unlawful for any person who is under the influence of an alcoholic beverage
or any drug, or under the combined influence of an alcoholic beverage and any
drug to drive a vehicle.
It is unlawful for any person who has .08% or above level of alcohol in his/her
blood to drive a vehicle.
It is unlawful for any person who is addicted to the use of any drug to drive a
vehicle, except for a person who is participati ng in an approved methadone
maintenance treatment program.
Vehicle Defined:
A vehicle is any device which permits persons or property to be propelled, drawn, or
moved upon a highway, except a device moved exclusively by human power. It
includes a bulldozer, forklift, go-cart, mobile crane, moped, tractor, snowmobile, and the
like (670 CVC).
Although bicycles are not vehicles under the definition, there are separate sections
applying driving under the influence while riding a bicycle (21200 and 21200.5 C VC).
Driver Defined:
A driver is a person who drives or is in actual physical control of a vehicle. A driver
would include a person who is pushing a vehicle, walking alongside a pushed or towed
vehicle while steering and viewing through the front window or open door, or seated
behind the steering wheel while being pushed or towed.
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DUI Arrest
A driver can be arrested for 23152 CVC under the following circumstances:
Observed operating a vehicle by an officer
Observed operating a vehicle by a citizen or citizens make a Private Persons
Arrest
At the scene of a traffic collision, where witnesses identify the driver, or the
driver’s injuries are consistent with being involved in a collision
23152 CVC arrests can be made on private property (i.e. parking lots, alley) or
highways.
Primary Collision Factor for DUI Collisions
The Primary Collision Factor (P.C.F.) for a traffic collision where the DUI driver is at fault
for the collision is 23152 CVC, regardless of the moving violation.
Drug Addict Defined:
23152(c) CVC is not a "driving under the influence" offense. Because a drug addict is
subject to the physical infirmities caused by withdrawal, he/she is always a potential
danger on the highway and is forbidden to drive. It is not necessary to show that the
driver was impaired at the time of driving, nor is it necessary to show that the driver was
in a state of withdrawal. 23152(c) CVC describes an addict as someone who uses a
drug that produces a physical dependence so as to suffer withdrawal symptoms if
deprived of it.
Driving Under the Influence (Felony) 23153 CVC
Elements of 23153 CVC:
It is unlawful for any person, while under the influence of an alcoholic beverage
or any drug, or under the combined effect of an alcoholic beverage and any drug,
to drive a vehicle and, when so driving, do any act forbidden by law or neglect
any duty imposed by law in the driving of a vehicle, which act or neglect causes
bodily injury to any person other than the driver.
It is unlawful for any person, while having .08% or above level of alcohol in
his/her blood, to drive a vehicle and, when so driving, do any act forbidden by law
or neglect any duty imposed by law in the driving of the vehicle, which act or
neglect causes bodily injury to any person other than the driver.
In proving the person neglected any duty imposed by law in the driving of the
vehicle, it is not necessary to prove that any specific section of this code was
violated.
Driving Under the Influence – Under 21 Years Old
It is unlawful (infraction) for any person under the age of 21 who has .05% or above of
alcohol in his/her blood to drive a vehicle (23140 CVC). If the test shows .05%->07%
and the officer does not believe 23152 CVC (.08% or above) can be established in
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court, the minor should be cited under 23140 CVC and the minor's license should be
taken and attached to admin per se form (23136 CVC).
23140 CVC is only an infraction, but because the offender is a juvenile (under the age
of 18), the officer should take the minor into custody (602 & 625 WIC).
If an officer makes a lawful traffic stop and observes that the driver of the vehicle is
under the age of 21, and, after submitting to a preliminary alcohol screen, measures a
BAC of .01% or above, the officer should seize the driver's license of the vi olator and file
an Administrative Per Se form (DS 360A).
This law is administrative only, so there is no arrest or citation involved. The violator
receives a copy of the Admin Per Se, suspending his/her license for a period of one
year, and must pay a fee of $100 to the DMV before the license will be reinstated.
Administrative Per Se (Immediate License Suspension for DUI)
The law requires the DMV to suspend the driving privilege of any person who drives
with a blood alcohol concentration (BAC) of .08% or above, or who refuses to submit to
or fails to complete a chemical test. The suspension is independent of any criminal
penalties imposed by a court for the offense of driving under the influence.
Those who are affected by Admin Per Se include any driver arrested for driving under
the influence and who:
Refuses to submit to, or fails to complete a chemical test
Submits to a BAC which shows a reading of .08% or above
Takes a blood test and the officer believes that the test results will show that the
driver is at or above .08% BAC
After an officer arrests a driver for DUI (23152 CVC or 23153 CVC) the officer must:
Take any valid California driver's license in the driver's possession (do not take
ID Cards or out of state licenses)
Complete an Administrative Per Se Order of Suspension (DS360) and serve the
driver. The suspension becomes effective 30 days from the date of arrest
Issue the Order of Suspension (DS360) and a copy of the officer's citation
showing an arrest for 23152 CVC or 23153 CVC, or a release from custody
document, which serves as a 30 day temporary license
A temporary license should be issued even when the driver has no license in
possession, is licensed in another state or foreign country, or if the driving privilege is
suspended or revoked. By issuing a temporary license to all drivers arrested for DUI,
the DMV is able to track DUIs regardless of their license status.
NOTE: The temporary license is only valid if the driver has a valid California driving
privilege.
Officers should tell drivers arrested for DUI that they have 10 days from the date
received to request a formal or informal hearing to appeal the Order of Suspension.
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Implied Consent Law
A sample of the driver's blood or breath taken soon after the act of driving is the best
scientific evidence of intoxication and a supplement to an officer's observation. The
sample must be taken soon after the arrest because the amount of alcohol or drugs in
the blood begins to diminish soon after drinking or ingestion stops.
A person lawfully arrested for driving under the influence may have a blood or breath
sample forcibly removed without his/her consent in all drunk driving arrests, with the
exception of juvenile (under 18 years old) DUI arrest, provided it is done in a
reasonable, medically approved manner, that would not shock the conscience of the
community.
Chemical Blood or Breath Test (13353 CVC)
Any person who drives a motor vehicle is deemed to have given his/her consent to
chemical testing of his/her blood or breath, for the purpose of determining the alcoholic
or drug content of his/her blood, if legally arrested for any driving under the influence
offense (23140, 23152 or 23153 CVC).
Chemical Test Admonition (DS-367)
When a driver is arrested for driving under the influence, according to 23612 CVC the
driver must be told:
Refusal to submit or failure to complete a chemical test will result in a fine and
mandatory imprisonment if convicted, and suspension or revocation of driving
privileges for a period of one to three years, depending on the driver's prior
history
A refusal to take or failure to complete a test may be used as evidence against
the driver in court, and will result in a fine and imprisonment if the arrest results in
a conviction
The driver has no right to counsel with regards to the test
If unable to complete one test, the driver must submit to the remaining test. If the
remaining tests are not completed, this shall be considered as a refusal and the
refusal box must be checked. The admonishment must be read to the dr iver
The best method for giving this admonition is to read it in full directly off the front side of
the DS367 form.
The officer is only responsible for advising the driver in the language printed on the
statute. No additional language or admonitions are necessary.
When an officer reads the chemical test admonition, the officer must make it clear to the
driver that unless he/she submits to and completes one of the two tests, his/her driving
privilege will be suspended. The driver must understand that the suspension is
mandatory, and the officer should not dilute the wording of "mandatory." If the driver
understands the suspension as only a possibility, refusal to complete the test will not
result in suspension of the driver's license.
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A field investigation prior to an arrest need not be preceded by Miranda Warning. An
officer may ask the driver questions, such as, how much he/she has
had to drink, and require a performance or field sobriety test without a Miranda
admonition.
Retention Admonition for Breath Test (23612 CVC)
In addition to the chemical test admonition requirements, a driver who chooses a breath
test must be informed that:
Breath test equipment does not retain any breath sample for later analysis by the
driver or anyone else
If the driver wants a sample retained, he/she may provide a blood sample which
will be retained at no cost to the driver
If the driver submits to a blood sample, the sample may be tested for alcohol or
drug content by either party in any criminal prosecution
The retention admonition can be found on the Trombetta Waiver (PD Form 4300.003). If
possible, the advisement should be read from the form and preferably after the breath
test has been given.
Drug Admonition (DS367)
If the driver has already taken a breath test and the officer has reasonable cause to
believe he/she is under the influence of drugs, the officer must advise the driver of the
drug admonition. The drug admonition advises the driver:
The breath test he/she took was only to detect alcohol
Because the officer believes he/she is under the influence of drugs, or the
combined influence of drugs and alcohol, he/she must submit to a blood test
Refusal to submit or failure to complete a blood test will result in suspension or
revocation of his/her driving privilege
Refusal to take or failure to complete the test may be used as evidence against
him/her in court, and will result in a fine and imprisonment if the arrest results in a
conviction
The driver has no right to counsel with regards to the test
The drug admonition should be given only after the driver has chosen and completed
the breath test for alcohol, and only in situations where the officer has reason to believe
that the driver is under the influence of drugs or the combined influence of drugs and
alcohol.
Refusal to Submit to a Chemical Test
If a driver who is arrested for driving under the influence refuses to submit to and
promptly complete a chemical test, his/her driver's license will be suspended. The
officer has no obligation to make a second offe r or to accommodate the driver if he/she
subsequently changes his/her mind.
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A refusal is:
Any statement, act, or conduct by the driver which directly refuses any test
Any failure to satisfactorily complete the chosen test or its alternative
Any delay in offering to provide a sample
When a driver remains silent after being asked whether he/she will submit to a test, this
constitutes a refusal.
If a driver engages in assaulting or obtrusive conduct during the admonition (i.e.
shouting, repeatedly interrupting), the officer is not obligated to complete the
Admonition and the conduct is considered a refusal. The officer is not obligated to
continue admonishing in the face of obvious non-cooperative abuse.
7.1.13 DRIVING UNDER THE INFLUENCE (DUI) ARREST
It is the policy of the Department that when two or more officers conduct a DUI arrest,
only one arresting officer shall handle all aspects of the arrest. The single arresting
officer shall complete all forms and/or reports necessary to process the arrest.
The following procedures shall be followed:
The single arresting officer, if possible, shall make the observations of the
violations.
Administer tests as required.
Advise the arrestee that he/she is under arrest.
Advise the arrestee of his/her constitutional rights and other required
admonishments.
Question the arrestee and record the statements for inclusion in the arrest report.
Conduct an inventory search at booking.
Collect and maintain possession of all items of evidence until placed into
property.
File appropriate reports (Departmental report, arrest report, evidence, vehicle
stored/impounded, et cetera).
In the event that more than one officer is present (Two- person unit or assisting unit),
the second officer shall assist with the non-critical tasks including, but not limited to:
Providing back-up during the arrest, handcuffing and transportation of the
arrestee.
Requesting the tow truck and completing the Vehicle Report form.
Completing the booking form.
If the arrest occurs near the end of watch (EOW), the second officer shall utilize
his/her time to complete unfinished reports or tasks acquired during their shift.
When a motor officer makes a DUI arrest, the following shall apply:
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The assisting/transporting unit will transport the defendant to Booking and stay
with the defendant until relieved by the motor officer.
If the defendant chooses to submit a blood sample in compliance with 13353
CVC, and there is not a jail nurse on duty, the assisting officer will transport the
defendant to the hospital. It will be the motor officer’s responsibility to advise the
defendant of the consent for treatment required prior to the blood sample being
drawn.
The assisting officer shall standby while the required blood sample is drawn.
The motor officer shall maintain possession of the blood sample until it is placed
into the evidence refrigerator.
Exceptions, which may require officers to deviate from this standard procedure, are as
follows:
Arrests involving drug or narcotic influence (DRE).
Arrests of combative or violent subjects.
Arrests of non-English speaking individuals.
Arrests made by probationary officers while in training.
Arrests made by field sergeants or lieutenants.
Additional crimes that the arresting officer did not observe.
Accident (Injury or non-injury) involving DUI arrest.
Transportation Prior to Arrest
An officer may transport a driver, suspected of impaired driving, to a safer location to
conduct a SFST. Officers should not transport suspected DUI drivers to DUI checkpoint
locations for evaluation. If an officer needs assistance with an investigation, the officer
may contact the DUI checkpoint command post. If an officer assigned to the DUI
checkpoint is available, the DUI checkpoint supervisor may send the available officer to
assist.
Chemical Testing 23612 CVC
If a person is lawfully arrested for an offense allegedly committed in violation of Section
23140, 23152, or 23153:
The person shall be deemed to have given his or her consent to chemical testing
of his or her blood or breath for the purpose of determining the alcoholic content
of his or her blood.
The person shall be deemed to have given his or her consent to chemical testing
of his or her blood for the purpose of determining the drug content of his or her
blood. If a blood test is unavailable, the person shall be deemed to have given
his or her consent to chemical testing of his or her urine and shall submit to a
urine test.
A person who is afflicted with hemophilia or has a heart condition and is using an
anticoagulant is exempt from the blood test but shall submit to, and complete, a
urine test.
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Forced Blood Draw
If a person lawfully arrested for an offense allegedly committed in violation of Section
23140, 23152, or 23153 refuses to submit to a chemical test, the arres ting officer will
need to obtain a search warrant prior to a forced blood draw. Once a search warrant is
signed, a person who is certified to draw blood shall obtain the blood sample in a
medically approved manner.
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Instruction Guide 46
HOMICIDE
Murder investigation is one type of crime that demands an all out effort on the part of
the Department. This includes everyone from the dispatched unit to the crime lab
personnel to the detectives on scene. The homicide scene will provide almost all of the
evidence that will lead to the successful arrest and prosecution of the suspect. It is
important that every officer be especially attentive and professional during all phases of
the homicide investigation.
Primary Crime Scene
In most cases, a patrol unit and field supervisor will be dispatched. Upon arrival at the
scene, the primary unit (unless relieved by a field supervisor) will assume command
until the arrival of the Homicide Team and are solely responsible for the crime scene.
The primary responsibility of the patrol officers at a homicide is the protection and
preservation of everything present in the crime scene.
When the victim is obviously deceased, the officers should back out of the area, taking
care to not disturb any evidence (remember, evidence appears in many forms, such as
lights turned on or off, doors left open or closed, etc.). If paramedics respond to the
scene, officers should allow only one paramedic to go into the crime scene to minimize
possible contamination.
The officers should immediately attempt to obtain information regarding the suspect or
arrest the suspect if he/she is still at the location. In many cases, the suspect will call
the police and will be waiting for the officers to arrive. If the suspect is at the location,
immediately remove him/her to an area outside the crime scene. If the suspect is not at
the location, officers should obtain information about him/her while surveying the crime
scene. The officer should determine how large the crime scene is and determi ne where
the perimeter should be (allow a larger perimeter than necessary to provide a buffer
zone).
After the crime scene has been surveyed, the officer should request the following:
The additional unit(s) necessary to secure the crime scene and perimete r
A field supervisor, if he/she is not already en route
o The field supervisor will request a crime lab unit to respond and Homicide
to be notified
o Do not contact the Coroner’s Office (Homicide will do this)
The crime scene can be contaminated in numerous ways. The suspect, witnesses,
medical personnel, and/or other officers can contaminate the scene. They may add
fingerprints, footprints and other debris to the scene, or they may remove or destroy
valuable evidence. Exclude all persons from the scene, i ncluding police officers not
directly involved with the investigation. Record the names of all people, officers, and
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fire personnel (paramedics) at the crime scene, including identification numbers and
what they did.
Secondary Crime Scene
Officers may find that they have a secondary crime scene. These scenes may be
pointed out by witnesses or reported by a third party. The suspect may have fled the
primary crime scene and discarded evidence. This is a secondary crime scene. This
scene may be within a few feet of the primary crime scene (i.e. weapons or clothing) or
miles away (i.e. suspect vehicle).
Treat the secondary crime scene in the same manner as the primary crime
scene. Set up a perimeter and secure the area to preserve evidence. Locate
witnesses and notify the Homicide Team of the secondary crime scene.
If the officer(s) locates the suspect vehicle, do not search it for weapons or
evidence. Let the Homicide Team decide if a warrant is needed. If physical
evidence is damaged, destroyed, or obtained in an illegal manner, there is no
way to reconstruct it or go back in time and do it over.
Homicide Weapon
One of the most common mistakes made in homicide investigations is the improper
handling of weapons used in a murder. It is not necessary to render a weapon safe at a
homicide scene. When an officer removes the magazine from a weapon and handles
the clip, he/she will be touching the same areas touched by the suspect and this will
sometimes destroy important evidence.
If a crime scene is not safe and an officer must move a weapon, the officer should mark
the original location of the weapon to allow investigators to reconstruct the crime scene.
If the weapon is a firearm, the officer should mark the direction of the barrel prior to
collecting it. The officer should carefully pick up the firearm by the grips and place it in a
secure location.
Witnesses
When an officer is removing witnesses from the crime scene, he/she should ask the
witnesses for their driver’s license or other identification. Most people will be reluctant
to leave a scene when the officers have taken their identification. Question all
witnesses separately and include all statements of witnesses, including negative
statements. If the Homicide Team feels that a person sho uld be questioned in depth,
the officer should arrange to have the witness transported to the Police Station for
questioning by the Homicide Detail or tape-recorded at the scene (as directed by the
Homicide Team).
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Search Warrant Consideration
During the process of securing the crime scene, it is important to determine who has
legal standing over the incident location. In a case where ownership is unknown or
circumstances where the suspect may have full or partial standing, a search warrant
should be obtained prior to conducting any search for weapons or evidence. There are
situation that may necessitate the initiation of a search warrant prior to the arrival of
Homicide Investigators. In these cases, careful consideration should be given to the
types of evidence that could be collected from the location (i.e. Electronic media, DNA,
fingerprints, gang indicia, etc.). Whenever possible, the responding detectives should be
consulted regarding additional input and guidance.
Press Relations
Keep the press out of the crime scene area and refer them to the P.I.O. (Press
Information Officer). In the absence of a P.I.O., the senior investigator present will act
as the media liaison or he/she may delegate this responsibility to the senior ranking
member of the Patrol Bureau.
The press will attempt to obtain pictures of a crime scene. Keep this in mind when
determining where the perimeter of the crime scene will be set up. Be careful not to
discuss the crime scene (opinions or impressions) with other officers in an area where
the press could overhear the conversation.
Section 409.5(d) PC allows duly authorized members of the press access to areas
closed to the general public. The areas include those closed due to riot, fire, flood,
earthquake, or other disasters. This section does not allow the press access to areas
closed off for criminal investigations.
Media personnel requesting information or access to the scene of an incident are
required to display press passes authorized by the Los Angeles Sheriff’s Dep artment,
the Los Angeles Police Department, or the Orange County Sheriff’s Department.
Suspect Arrested at the Scene
Many times, an officer will take a suspect into custody when he/she arrives at the crime
scene. A homicide suspect might be a relative o r friend of the victim and may
immediately confess to the crime (spontaneous declaration). Document all
spontaneous statements. Do not, however, question the suspect or advise him/her of
their Miranda rights unless statements proceed beyond spontaneous.
If the suspect is in custody, immediately remove him/her from the crime scene and have
him/her transported to the Booking area. In all cases, have the suspect take an
Intoxilyzer test to determine if there is a measurable amount of alcohol on his/her
breath. Have a Drug Recognition Expert (DRE) examine the suspect for any signs of
recent drug use. Due to the “diminished capacity” rulings by the courts, we must prove
that the suspect was not under the influence of alcohol, drugs, or narcotics. After
completion of these examinations, take the suspect to the Homicide Division (5th floor)
pending arrival of the homicide team.
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The Homicide Team
Upon arrival at the crime scene, the Homicide Team will assume command of the
investigation. The Homicide Team will confer with the primary officer(s) to determine
what the officer(s) have done (i.e. which witnesses have been contacted and what
information has been obtained).
The Homicide detectives will assign the patrol officers at the crime scene to specific
duties. At the direction of the Homicide detective, the lab unit will take photographs and
examine evidence. The patrol officers will normally be utilized to secure the scene
perimeter and search for witnesses. The Homicide Detail must rely on patrol office rs for
assistance in locating witnesses, arresting suspects and filing DR and Evidence reports.
Expanded Search for Witnesses
Officers will be directed to go door-to-door in the immediate vicinity of the crime to
question residents. The officer will file a supplemental report listing all the addresses
that he/she went to and the results. The officer will also identify (complete identification
information) and document the statements of those people contacted in the
supplemental report. If an individual states that he/she did not see anything, it is equally
as important that the officer document that statement. Also document where the subject
was at the time of the incident (i.e. living room, bedroom). If no one answered the door
of a residence, the officer will document this in his/her supplemental report.
If a field show-up is conducted and the results are negative (witnesses do not or cannot
identify), the officer conducting the field show-up must file a supplemental report
containing this information and complete identification of the witness and of the possible
suspect.
Each officer assisting in any manner will file his/her own supplemental report pertaining
to his/her own contacts and observations. Officers are not to give their information to
another officer to file. All reports will be filed in the Homicide office only.
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Instruction Guide 47
SUICIDE
An officer arriving at the scene of a dead body should not assume that the deceased
died a natural death. The officer must investigate the s cene and attempt to determine
whether the death was natural, murder, suicide, or accidental. If a definite conclusion
cannot be reached, a field supervisor should be requested who will notify the Homicide
Detail. The scene should be preserved for a complete investigation.
SUICIDE INVESTIGATION
An officer who is investigating a suicide death must conduct the investigation as if it
were a homicide. Before concluding the death to be a suicide, the officer should
carefully study the type of injury, presence of a weapon, or existence of a motive. After
eliminating the possibility of death by murder, the officer should investigate whether or
not the death may have been accidental or a natural cause.
While investigating a possible suicide, an officer should look for:
Type of Injury - If the subject died of an injury, the officer should try to determine
if the wound could have been self-inflicted.
Presence of a Weapon -The officer should look for any possible weapon around
or near the victim that could have caused the death. The officer should not
overlook poisons or drugs as the possible weapon.
Motive and Intent - The officer should inquire from relatives, friends and
neighbors, the deceased’s behavior prior to death. If there is a suicide note
present, there may be valuable information pertaining to the reason for the
suicide.
The same procedure used for homicide investigations should apply to suicides.
Murders have been committed and arranged in an attempt to mislead police into
concluding that the death was a suicide. For this reason, the officer should be careful to
preserve evidence at the scene. Officers at the scene should:
Leave the body in its original position until the Coroner’s Investigator arrives
Carefully preserve all evidence (weapons, suicide notes, etc.)
When the case is determined to be a suicide, the body is then the responsibility of the
Coroner. Certain factors must be considered in gathering physical evidence.
The weapon used to cause death (gun, knife, etc.) should be placed into
evidence by the investigating officers. The weapon will later be released to the
Coroner after it has been processed by our Crime Lab.
If drugs or poison were used to cause death, they should be released to the
Coroner’s Investigator at the scene.
If a suicide note is left at the scene, it will accompany the body to the Coroner’s
Office. The officer should document the exact words of the note in his/her report,
or, if possible, make a photocopy of the note and attach it to the report. The
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officer should also attempt to obtain a sample of the deceased’s handwriting to
accompany the suicide note.
TYPES OF SUICIDE DEATHS
Shootings-Gunshot wounds in a possible suicide will either be a contact wound
or wounds inflicted from a close proximity. Contact wound s inflicted close to the
bone will appear dirty and larger than the diameter of the bullet. The skin will be
ragged and torn and the tissue around the entrance will be charred. Contact
wounds inflicted on the flesh part of the body will appear as a neat, round hold
with a gray ring around it.
o If the deceased’s hand is gripping the weapon tightly, it is likely that the
wound was self-inflicted. A cadaveric spasm occurs after death which
causes the muscles of the hand to stiffen around the object it is hol ding. It
is common for the victim to fire one or two “test shots” into a wall or ceiling
prior to firing a fatal shot.
Cuttings-Small superficial cuts near the main wound (hesitation marks) are signs
of suicide. Cadaveric spasms may also be present in self-inflicted cuttings. In
suicide deaths, the body is generally found at or near the point where the act
took place. The location of the wound must have been accessible to the victim.
Poisoning-There are a variety of substances that an individual can use to poison
themselves. Deaths caused by poisoning may have the following effects on the
body after death:
o Carbon monoxide and cyanide will cause a cherry-red color over large
areas of the body
o Hypnotic drugs cause the face and neck to turn very dark
o Opiates cause the pupils to constrict
o Acids will cause burns around the mouth and nose
Drowning-When a person drowns, the cause of death is asphyxia. Some signs
of drowning are mucous, vomit, and/or foam exuding from the nose and mouth of
the victim.
SUICIDE REPORTING
All suicide DR’s will be titled according to the latest version of the RMS Crime
Classification Code Sheet for "SUICIDE". In cases where the person has not expired,
the DR will be titled according to the latest version of the RMS Crime Classifi cation
Code Sheet for “ATTEMPT SUICIDE”. In either case, a field supervisor should be
notified. When writing the narrative portion of a DR, the officer should present a word
picture of the scene which should contain the following:
An accurate description of the scene
Position of the body, clothing description, location of the wounds, etc.
Information gathered from friends, neighbors and relatives
Facts and physical evidence
Contents of a suicide note-verbatim
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Instruction Guide 48
SWAT ACTIVATION
7.5.5 SPECIAL WEAPONS & TACTICS (SWAT)
SWAT is a specialized unit of officers who are trained and equipped to respond to
situations that exceed the capability of detectives and patrol officers. Requests to
activate SWAT shall be made by a field supervisor, command officer or Incident
Commander. In an active shooter situation, the communications supervisor is
authorized to activate the SWAT Team. The request can only be changed by:
The supervisor who made the original request, or
A higher-ranking officer who has assumed field command.
Operations/Critical Incidents
When SWAT responds, the Incident Commander remains in charge of the occurrence.
The SWAT Commander and supervisors shall maintain responsibility for SWAT tactics.
The following circumstances shall warrant activation of the SWAT Team:
Hostage: SWAT shall be activated immediately in any hostage situation
Sniper Incident: SWAT shall be activated immediately in any sniper situation
Barricaded Suspect: If an armed or dangerous suspect is barricaded or is
concealed within a perimeter, and after a reasonable period of time fails to
surrender, SWAT shall be activated. If shots have been fired, SWAT shall be
activated immediately
Skyjacking: SWAT shall be activated immediately in any skyjacking or aircraft
takeover situation. The FBI may assume command of the situation, however, the
Department shall supply support personnel, including SWAT, for security of the
immediate area for security of the immediate area
Terrorism: SWAT shall be activated immediately if there is an assault by a
terrorist organization. If there is a credible threat of a terrorist assault, SWAT
should be contacted to determine the need for deployment
Active Shooter Incidents: SWAT shall be activated immediately in any active
shooter situation
Operations Orders: SWAT shall be requested when a planned tactical operation
indicates the necessity for their assistance
Search Warrants: When scouting and planning a search warrant, the warrant
checklist below shall be incorporated into the plan and shall be used to evaluate
the need for SWAT assistance
Dignitary Security: SWAT may be utilized when requested or when a Very
Important Person (VIP) visit indicates the necessity for SWAT assistance
Other: If a supervisor believes an incident requires the special skills of SWAT,
he/she should not hesitate to request them
Should a proposed operation contain one or more of the hazards listed in items 1
through 4, service by the SWAT Team shall be required. If a proposed operation, pre -
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planned arrest or search warrant contains three of the hazards listed in items 5 through
12, the SWAT tactical sergeant or lieutenant shall be contacted to give recommendation
on whether the SWAT Team should be utilized.
Threat levels may be evaluated and either elevated or down graded by the SWAT
tactical sergeant or lieutenant based upon specific information.
1. Heavily fortified location (sally port, internal fortification, multiple gates, etc.)
2. Automatic weapons believed to be on the premises (C.I. information, probable
cause, etc.)
3. Suspect wanted for armed assault on a police officer
4. Assault weapons, superior armament (high power rifles, scoped rifles, etc.), or
ballistic protection (body armor, building fortification, etc.) believed to be on the
premises (C.I. information, probable cause, etc.)
5. Barred doors and windows
6. Counter surveillance (i.e. closed circuit TV, intrusion devices, etc.)
7. Dog(s)
8. Third Strike candidate
9. Violent criminal history (armed violence against the public or police)
10. Firearms believed to be at the location
11. Threats by suspect against officers
12. Suspect wanted for armed assault
Detectives and patrol officers may encounter additional threats not listed above.
Detectives and patrol supervisors are encouraged to contact SWAT personnel
whenever questions arise in evaluating service options and criteria.
Activation
The requesting supervisor will advise the Communications Center to begin the
activation process and the Watch Commander will be notified.
The Communications Center will use the paging system located in the center. In the
event of a paging system failure, the Communications Center will contact the SWAT
lieutenant or SWAT tactical sergeant.
The SWAT Tactical Team and SWAT Hostage Negotiating Team are normally activated
together when responding to tactical situations. However, the SWAT Hostage
Negotiating Team may be activated separately for the purpose of crisis intervention and
will respond without the tactical unit. This requires the authorization of the SWAT
lieutenant or SWAT tactical sergeant who will evaluate any tactical issues and
determine the level of response.
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7.5.6 BARRICADED SUSPECT – SEARCH WARRANT REQUIREMENT
Whenever a special weapons arrest team, such as SWAT, is deployed in a barricaded
suspect incident, a “Ramey”, arrest, and/or search warrant shall be obtained under the
following circumstances:
An individual is barricaded in his/her own residence and a clear, unequivocal,
signed Entry and Search Waiver cannot be obtained from another competent
adult member of the household
An individual is barricaded in any third party residence and a clear,
unequivocal, signed Entry and Search Waiver cannot be obtained from a
competent adult in possession or control of said dwelling
An individual is barricaded in any structure, business, or location where
possession or control of the location is unclear
No entry into a barricaded suspect location shall be made by any member of
this Department without exigent circumstances, a signed entry/search warrant
or a “Ramey” warrant. However, activity required responding to an exigent
circumstance shall not be postponed or avoided, pending the issuance of the
appropriate warranting.
For the purpose of this requirement, an exigent circumstance is defined as an
emergency situation requiring swift action to prevent any of the following conditions:
Imminent danger to life
Serious damage to property
Imminent escape of a suspect
Destruction of evidence
If any entry is made pursuant to exigent circumstances, under Federal law it must be
demonstrated that there was not sufficient time to obtain a warrant prior to entry.
In the absence of a signed Entry and Search Waiver, a warrant shall be secured even if
the emergency has concluded prior to the issuance of the warrant. The warrant will
ensure access the location for follow-up investigation.
The Incident Commander or his/her designees will initially attempt to obtain an Entry
and Search and Waiver form, PD Form 4000.21 A or B (Attachment A -English or B-
Spanish). The original Entry and Search Waiver will accompany the origi nal report
package. A copy will be attached to the Unusual Occurrence Report.
Entry and Search Waiver forms will be maintained in the Watch Commander’s Officer
and in the Command Post Tactical Van.
If the Entry and Search Waiver form is not obtained, the Incident Commander or his/her
designee shall obtain a “Felony Warrant of Arrest Upon Probable Cause Complaint”
form, PD Form 1000.012, and include the Affidavit form, PD Form 1000.011.
In the event assistance is required for a legal opinion or warrant pr eparation, the Los
Angeles County District Attorney’s Command Post should be contacted at telephone
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number (213) 974-3607. The District Attorney’s Command Post shall also be used for
telephonic warrants.
The original PD Form 1000.011 and PD Form 1000.012 will be packaged and
duplicated. Both packages will be submitted to the court for review. The Watch
Commander will maintain a roster of on-call court judges. The judge shall sign
the original copy. The signed warrant is valid for 10 days.
Entry to arrest the suspect is now possible. The Incident Commander shall retain the
original warrant and a copy retained by the SWAT Commander who will give the copy to
the suspect, subsequent to his/her arrest. Following service, a copy of the booking slip
will be secured and retained with a copy of the warrant. The Incident Commander or
his/her designee shall return the package within 10 days to the Felony Complaint Desk,
Criminal Division, Los Angeles County Court, 415 West Ocean Boulevard, Long Beach.
An “F” (felony) number will be stamped on the copy of the booking slip and warrant. The
complete package will be placed with the original warrant and become part of the
original reports required for filing.
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Instruction Guide 49
BOMB INVESTIGATIONS
Bomb Threats
The police department or the victim usually receives a bomb threat over the telephone.
The threat is usually a warning that some type of explosive device has been placed at a
given location and will detonate a specific time. If the potential victim received th e
telephone message, they will notify the police regarding the threat. When the Long
Beach Police Department receives such a threat, the officers receiving the call should
attempt to gain all the information possible from the reporting party.
If the bomb threat is not received by telephone, but by letter or other type of
communication, the document must be retained and placed in evidence. This document
will later be processed for fingerprints and handwriting analysis.
Every bomb threat received by the police department is treated as legitimate and shall
be immediately and thoroughly investigated.
Handling a Bomb Threat
A patrol unit will be dispatched to the location where the bomb is supposed to be
concealed. Officer responsibilities upon arrival at the scene include:
Contact the reporting party or person in charge of the premises
Interview the reporting party or person in charge and attempt to identify the caller
or establish the legitimacy of the call
Advise the person in charge of the premises that they must make the decision to
evacuate. At this point, it is not a police decision
If a decision to evacuate is made:
Notify the field supervisor of the decision
Assist the orderly evacuation of the premises
Identify key personnel to remain and assist officers in conducting a search of the
premises; the search should begin in areas open to the public
After the evacuation has been completed, the patrol unit, along with a civilian occupant
of the building who is familiar with the area, should begin looking f or the device. A K-9
unit should be requested for assistance, and the request for assistance through the
Communications Center should be made telephonically. Officers at the scene should
not use radio communications because it is possible that the energy generated by an
officer’s radio while transmitting may detonate the device.
It is important that the patrol officer only assist in the search since the person who is
familiar with the area will recognize something out of place or possibly something that
does not belong in the area. A daytime search should place emphasis on the restrooms,
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trash receptacles, outside windowsills and utility housings (i.e. meter boxes). Nighttime
searches should emphasize areas that are unlocked or open to the public.
If the threat is that of a nuclear bomb, notification will immediately be given to the Los
Angeles Sheriff’s Department Arson and Explosives Detail and the FBI.
Suspected Bombs
If an officer locates a bomb device or suspected bomb device, the following procedur es
should be followed:
Do not touch the device
Do not transmit on radios near the scene
Evacuate the area where the device is located
Be alert for the possibility of a secondary device
o It is common for the found device to be a diversion and the actual, pri mary
device to be located in the place of evacuation
Secure the area where the device is found for safety considerations and to
preserve evidence
Establish a Command Post
Liaison with LASD Bomb Squad
Establish a safety perimeter
Assist the LASD Bomb Squad as needed
File all necessary reports
Under no circumstances should officers touch, move, jar, tilt or turn an object they
suspect as being a bomb. Anything connected with the suspected bomb should be left
untouched, as it may be a trigger mechanism. The LASD Bomb Detail will handle the
investigation of the bomb while Long Beach Police Department will file all crime reports.
Depending on the location of the bomb, officers should attempt to turn off the electricity,
gas and fuel lines leading to the danger area.
Bomb Explosions
If an officer is dispatched to an area where a bomb has already exploded, the officer
should secure the area and keep all persons out of the area/. When possible, the area
should be roped off. Officers should be aware that some militant groups use the tactic of
planning more than one bomb in an attempt to have the second and subsequent bombs
kill or injure police personnel.
LASD Bomb Detail and LBPD Violent Crimes detail should be called to handle the
investigation during business hours. The Bomb Detail may bring their K-9 unit to search
for any secondary devices.
LASD Arson and Explosive Detail (Mon-Fri 0800 – 1700 hrs) 323-881-7500
LASD Headquarters Bureau (after hours) 323-526-5541
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Officers should attempt to locate witnesses or suspects at the bomb scene. The officers
who are dispatched to the scene will be responsible for filing the crime report. When
interviewing witnesses, the officer should attempt to obtain information regarding sound,
force, direction of the explosion, color of smoke or flames, and the odor of any gases it
produced.
If an officer comes into contact with the media, the officer should refrain from making
statements to the media regarding any bomb until the preliminary investigation is
completed. The Watch Commander will notify the PIO if media personnel are on scene.
Explosive Material and Evidence
After LASD Bomb Squad has rendered a device safe, any evidence left from the bomb
that the officer will collect should be handled wearing plastic gloves. The gl oves will
protect the officer’s hands from any dangerous material and will help preserve
fingerprints on material surfaces.
No explosive material, whether liquid or solid, should be brought into a police facility
unless the explosive experts have declared the device safe.
Lab personnel should be requested to photograph any evidence or remnants of the
destructive device.
Bomb Threats Aboard Aircraft
If the threat of a bomb is reported to be aboard an aircraft, a response to that threat will
be coordinated with Airport Security. Airport Security will coordinate with the affected
airline, and that airline will determine how viable the threat is.
Any aircraft suspected of having a bomb aboard will proceed to the end of Runway 30,
located at the northwest corner of the airport. If LBPD receives a report of a bomb being
aboard an airplane, either LA Transportation Security or LASD Bomb Detail, as well as
the FBI, will respond to the scene.
The patrol units dispatched to the scene will have the responsibility of securing the
perimeter around the aircraft and airport. Airport personnel will evacuate the passengers
from the aircraft.
An airplane suspected of containing a bomb can only be searched by FAA Certified
dogs. LAPD is the closest agency that has FAA bomb dogs, and all requests for search
of aircraft should be made through the Watch Commander to that agency.
LBPD will be in charge of the scene until being relieved by the FBI.
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Instruction Guide 50
LONG BEACH GANGS
Introduction
Gangs in the City of Long Beach are primarily organized along ethnic lines and are
composed of:
Hispanic gangs
Asian gangs
African American gangs
Pacific Islander gangs
White gangs
Hispanic Gangs
Hispanic gangs in Long Beach began to develop in the early 1970’s. Several youth and
car clubs began forming in the central and west areas of the city. When out -of-city clubs
came into Long Beach looking to crash parties or cause problems, the local Hispanic
youths banded together to protect their turf from these outsiders. Over time, these
groups took on their own identity and began to “claim” certain parts of the city. They
developed their own name or “placa”, their own loosely knit hierarchy or structure, and a
code of conduct expected from its members.
Hispanic gang members will often admit to gang membership. Most hardcore members
will usually boast their membership with pride, even to law enforcement. Occasionally, a
member will find it in his own interest to deny membership. Other times, they may only
claim to affiliate or “kick it” with a certain gang. In some ways this gives them the
benefits of being closely tied to the gang, (benefits include girls, parties, protection,
excitement), without the risk of being identified as a member by a rival gang or law
enforcement. Affiliates should be identified as such by officers in the field and their
information forwarded to the Gang Enforcement Section.
Traditionally, Hispanic gangs require a new member to be “jumped in”, a process in
which the prospective member fights one or more gang members for a specific amount
of time. It is also common today for new members to gain membership by committing a
criminal act for the gang. These crimes can range from thefts to drive -by shootings and
murders.
After this initiation a gang member is expected to be loyal to his gang, to the death. If he
is questioned by a rival gang member or “hit up”, he must never denounce his gang
membership. In many cases, generations of membership within a gang have blurred the
lines between gang and family to the extent that they are almost synonymous.
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Dress
In the past, Hispanic gang members have worn starched baggy Khaki pants above the
waist. They favored Pendleton shirts which were usually only buttoned at the top. The
current style of dress is oversized Levis or dickeys, T-shirts, football jerseys, “Starter”
brand jackets and baseball caps. A popular indicator of gang membership is the military
style sliding belt buckle. The belt buckle will have the initials of the gang such as “ESL”
for East Side Longo gang. This may be the only item of dress that points to gang
membership.
Graffiti
Common gang terms for graffiti are “plaqueing”, “tossing” or “throwing up”, "the hood" or
“varrio”. Hispanic gang members call their inscriptions "placasos " or "placa," me aning
sign or plaque. It is not just graffiti. It proclaims to the world the status of the gang and
offers a challenge to rivals. Most common Hispanic gang graffiti styles are Old English,
block letter, square and/or balloon styles.
Hispanic gangs tend to be largely territorial and usually mark their area of influence by
using graffiti. Typical gang graffiti will list the gang’s name or “placa” and list the names
of several gang members who were either present or respected within the gang. After a
death, it is common to see memorial graffiti listing the fallen member followed by R.I.P.
(rest in peace).
A cross-out is a type of asterisk that covers the rival's graffiti and in gang jargon, is
referred to as a "puto mark". Many times the word "puto" (whore) o r "rata" (rat) are
scribbled next to or close by the crossed-out graffiti as further disrespect for the rival.
Tattoos
Hispanic gang members tattoo their bodies in order to show their level of commitment to
their gang. Often the first tattoo a Hispanic gang member will get are three dots on the
web of the hand signifying “mi vida loca”, (my crazy life). Many hard-core gang
members will tattoo their bodies and occasionally even their faces with the gang name.
Female Hispanic Gang Members
Female Hispanic gang members practice territorial domination. The female members
are usually separate cliques of the larger male gang. There are very few female gangs
that are totally separate entities. They get involved in all aspects of gang crime from
fistfights to violent felonies. Today, it is not uncommon to hear of females involved in
drive-by shootings and other violent crimes. The females are starting to work together
with the male members as a team.
The females are used in setting up ambushes against rival gang members. They lure
the victim(s) into the females' territory so their “home boys” can deal with them. The
females will on occasion drive the cars in a drive -by while their “home boys” do the
actual shooting.
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Hispanic Gangs of Long Beach
The following Hispanic gangs regard areas of Long Beach as their home turf:
Barrio Pobre (BP)
Barrio Small Town (BST)
East Side Longos (ESL), largest
East Side Paramount (ESP)
North Side Longos (NSL)
Playa Larga (PL)
West Side Longos (WSL)
Mob 2 Kill (M2K)
18th Street
Barrio Pobre
Graffiti / tattoos - BP, BP16th ST
Area - Long Beach Blvd./ Elm Ave., Hill St. to Anaheim St.
Hang outs - 16th St. & Linden Ave.
Rival gang - 18th street/ ESL/ Asian gangs
Allies - BP Compton
Cliques - None known
Barrio Small Town
Graffiti / tattoos - 4th Street, BST TWS, (Tiny Winos)
Area - Broadway to 7th St., Magnolia Ave. to 710 Freeway
Hang outs - 4th St. & Daisy Ave.
Rival gang(s) - ESL, Playa Larga, WSL
Allies - None known
Cliques - 4th street
East Side Longos
The ESL is the largest and most violent gang in the City of Long Beach. Since 1981, the
ESL has been responsible for hundreds of gang related shootings.
Graffiti / tattoos - ESL, ESL BV, ESL MDS, ESL PW5, ESL Stoners, LTPBZ, LT
Area - South and West Divisions east of Flood Control
Hang outs - Magnolia, Anaheim/Hoffman
Rival gang(s) - BST/ BP/ Asian and Black gangs
Allies – NSL, WSL
Cliques - Barrio Viejo, Malditos, Peewees, Latin Time Playboyz, 8th Street,
Dukes, The Stoners, 9th Street Locos, Lonely Boys, Midget Locos, Latin Thugs
East Side Paramount
Graffiti / tattoos - ESP
Area - City of Paramount, North Long Beach, Artesia to North city limits, Cherry
to Downey
Hang outs - Indiana Ave./68th Street
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Rival gang(s) - Paramount Dog Patch. Brown Nation
Allies - None known
Cliques - 67th Street, Dukes, Chicos, Tiny Locos, Long Beach area
North Side Longos
Graffiti / tattoos - NSL
Area boundaries - Del Amo to South St., Long Beach Blvd. to Atlantic Ave,
Carmelitos Housing Project
Hang outs - Platt, Mountain view streets
Rival gang(s) - Black gangs/ Asian gangs
Allies - ESL, WSL
Cliques - Tiny Locos, Peewees, Cyclones
Playa Larga of Long Beach
Graffiti / tattoos - PL
Area - Anaheim St. to 7th St., Daisy Ave. to Pacific Ave.
Hang outs - Electric Ct. to, Anaheim St., Chestnut Ave. to Cedar Ave., Drake
Park
Rival gang(s) - BST, ESL, WSL
Allies - None known
Cliques - None known
West Side Longos
Graffiti / tattoos - WSL, WS Longo, Corner Boys, S&C, LCCS, TMTS, 19th Street
Area - PCH to Willow St., 710 Freeway to West city limits
Hang outs - Summit St./Canal Ave. SAGE area
Rival gang(s) - West Coast Crips, Dominguez 13, ESL (occasionally)
Allies – ESL, NSL
Cliques - Summit & Canal, Cyclones or Corner Boys, Termites, 19th Street
Winas
Mob To Kill
Graffiti / tattoos - M2K, MTK
Area - 16th Street to Anaheim Avenue, Magnolia Avenue to Long Beach Blvd
Hang outs - 7th Street and Elm Avenue
Allies - ESL
Rivals - Black gangs
18th Street – Long Beach
Graffiti/tattoos – 18 ST, Best, XVIII
Hangout – 23rd/Locust
Rivals – ESL
Allies – Other 18th St cliques
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Asian Gangs
In the late 1970s to mid 1980s, Long Beach began to experience a large influx of
Southeast Asian refugees from Cambodia, Vietnam and Laos. Many of these refugees
settled in the poorer neighborhoods of Long Beach. They settled in areas that had been
predominantly Hispanic and Black. With Hispanic gangs being very territorial, they
would terrorize the Asian youths by robbing and beating them within the neighborhoods
they lived. As a result, young Asian males began forming gangs for protection.
In the mid 1980s, some Asian youth claimed gang membership for the first time in the
Long Beach area in the “Peter Boy’s Gang”. Their leader was Peter Nguyen, who was
considered an “OG” (Original Gangster) at the time. This gang had approximately 50
active members.
As the Asian gangs evolved, they began to take on the characteristics of black “crip”
gangs. They chose crip colors such as blue or gray. They avoided using the color red.
They formed a long lasting truce with all crip gangs and have rarely ha d any conflicts
with them.
By 1985, Asian gangs were committing auto thefts, extortions, firearms violations, home
invasion robberies, witness intimidation, various degrees of assaults, and murders.
They frequently used weapons during the commission of th ese crimes. Asian gang
members began to target their own community with ruthless and vicious crimes and
would often travel to various Asian communities throughout the country to commit these
crimes.
Asian gangs are highly mobile criminal enterprises that concentrate their criminal
activity primarily against their own community. These gangs are non -traditional when
compared to street gangs of other ethnic groups. They have national and international
ties. Criminal activities now include, gambling, robberies , burglaries, gang warfare and
they specialize in armed home invasion robberies, auto theft and extortion of Asian
businesses. These gangs are well armed and plan out what each member will do, so
that all assignments and responsibilities will be carried out.
One of the most frightening aspects of Asian gangs is their brutal home invasion
robberies. In a typical home invasion robbery, gang members enter a home, tie up the
inhabitants, then terrorize, torture, beat, rob, and at times, kill them. More residential
robberies have been reported in Southern California in recent years and the attacks are
becoming more widespread and violent. Lookouts are often posted for approaching
police units. Often suspects will use a team concept with a leader, two -way radio
communications, and diversion tactics.
Many Asian gang related crimes go unreported because of the victim’s fear of revenge
from gang members. For this reason, there are no accurate crime statistics. It is
estimated that three to five times as many crimes actually occur in the Asian community
versus reported crimes.
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Gang Structure
Most Long Beach Asian gangs range in size from about 100 to 500 members. Each
Asian gang has its own unique characteristics. Although the average age is between 16
and 25, they may be found as young as 10 and as old as 40, sometimes older. The
older members are known throughout the gangs as “OG’s” (Original Gangster). The
OG’s are usually the shot callers or leaders.
Dress
Asian gang members wear clothing that is the current fashion such as baggy, fatigues
or the college prep look. Traditionally the Tiny Rascals Gang (TRG) carries a gray rag.
Recently, TRG members are dressing in red shirts and hats, to symbolize that they are
not aligned with the other Asian gangs who wear traditional crip colors such as blue.
Crazy Brothers Clan (CBC) carries a white rag and wears a white baseball -type cap.
The blue rag is carried by Asian Boy (ABZ) and Exotic Foreign Creation Coterie
(EFCC). Blue is also the color associated with Suicidal (SUI), Easy Boy Gang (EBG),
and Oriental Boy Gang (OBG).
Tattoos
Asian gang tattoos and burn scars are often an indicator of gang affiliation. These
tattoos are usually symbols of power such as dragons, tigers, eagles, sailing ships, etc.
Burn scars found on Asian gang members are usually a result of a cigarette burn.
These scars are usually found on the hands, wrists, forearms or the lower legs.
Depending on the gang, the burns mean different things (initiation, victory in a fight, or
ranking).
Chinese Gangs
The "United Bamboo" Mandarin speaking gang is well organized with approximately
40,000 members in Taiwan. United Bamboo (Chu Lien Bon) is a term for approximately
20 gangs. They are active in Los Angeles County, preying primarily on Taiwanese
immigrants. They have no presence in Long Beach at this time.
The Wah Ching gang, a primarily Cantonese Chinese gang, is active in California,
Washington and Canada and are known to be particularly violent. The members are
often youthful, illegal immigrants who prey upon legitimate Chinese businessmen. This
gang is noted for extortion rackets and drug trafficking. We do not see much street gang
activity by the Chinese. There is very little known Chinese gang activity in Long Beach.
Most local Chinese gang activity takes place in downtown areas of Los Angeles and the
western part of the San Gabriel Valley.
Vietnamese Gangs
Vietnamese gangs are active in welfare fraud, auto theft, commercial burglaries, and
extortion. Nearly all robberies of Vietnamese victims are perpetrated by Vietnamese
gang members. Vietnamese gangs are becoming increasingly sophisticated in extortion
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and robbery. Their robberies are carefully planned with individuals assigned special
duties and responsibilities to be carried out during the rob bery. Occasionally, they will
photograph the target location as part of the planning. Tape or pre -cut rope lengths may
be used to tie victims and lookouts are often posted for approaching police units.
Vietnamese gangs prefer high quality firearms including AR-15's and UZI submachine
guns. Vietnamese robbery suspects are prepared to shoot it out with the police and
have done so on most occasions when interrupted. There is little Vietnamese gang
activity in Long Beach. Most activity that does occur here is usually a result of Orange
County Vietnamese gangs visiting Long Beach.
Cambodian Gangs
The major Asian street gangs currently active in Long Beach are predominantly made
up of Cambodian males. Long Beach has the largest Cambodian community in the
United States. Most of the members in the five primary Asian gangs of Long Beach
listed below are Cambodian, with the balance being Laotian, Thai, or Vietnamese.
There may also be a few black, white, or Hispanic members scattered throughout these
gangs. These Cambodian street gangs share several of the qualities found in other
Asian gangs such as being very secretive, well organized, and capable of extreme
violence.
Since the late 1980’s, the Hispanic gang East Side Longos have waged a conflict with
the Cambodian gangs, especially the Asian Boyz and the Tiny Rascal Gang. This
conflict has been fueled by the fact that these rivals all share the same general turf and
many of them have attended the same schools. Consequently, there are many
opportunities for them to come into contact with one another. The more contacts, the
more potential for disputes. These types of disputes have generated most of the
violence. Over the years, the Asian/Hispanic gang conflict is responsible for dozens of
homicides.
Asian Gangs of Long Beach
Today we have five primary Asian gangs:
Asian Boys (AB)
Crazy Brother Clan (CBC)
Exotic Foreign City Crip (EFCC)
Suicidals
Tiny Rascal Gang (TRG)
Asian Boyz (ABZ)
Graffiti / tattoos - ABS, AB, ABZ
Area - Anaheim Avenue corridor and East Division
Hang outs - 10th and Freeman, 1000 block E. 17th, 2200 block Lewis Avenue
Rival gang(s) - TRG, ESL
Allies - CBC, EFCC, BP, ABZ in LA, Fresno and Northern California
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Crazy Brothers Clan (CBC)
Graffiti / tattoos - CBC
Area boundaries - West Division, parts of East Division
Hang outs - Lime Avenue and 20th Street, Orange Avenue and Anaheim Avenue
Rival gang(s) - ESL, TRG
Allies - Other Cambodian gangs
Exotic Foreign City Crip (EFCC)
Graffiti / tattoos - EFCC, EFC, dove, heart.
Area - West Division, part of East Division
Hang outs - 1000 block E. 17th, Cal-Rec Park
Rival gang(s) - TRG
Allies - AB, CBC, Suis
Suicidals
• Graffiti / tattoos - SUI, SUIS
Area - West Division
Hang outs - New York and Atlantic Avenue, streets around Poly High
Rival gang(s) - ESL, TRG
Allies - Usually get along with other Asian gangs
Tiny Rascal Gang (TRG)
Graffiti / tattoos - TRG, RASCALS, TR
Area - West Division and part of East Division
Hang outs - 2200 block Lewis Avenue, Anaheim Avenue corridor, 1468 Cerritos
Avenue
Rival gang(s) - ESL, ABZ, Suis, CBC
Allies - Orange County TRGs, Fresno TRG’s, Northern California TRG’s
Female Asian Gangs
The girls are typically involved in property crimes, such as auto theft, grand theft
property, and assaults on rival gang members. The male gang members will use the
girls as bait to lure rival gang members into their area. They are also used as lookouts,
getaway drivers, and as a ruse to gain entry into locations to commit a crime. Females
have been known to drive diversionary vehicles during crimes, and to hold and hide
weapons immediately before and after crimes committed by Asian male gang members.
African American Gangs
The first formal African American street gangs were formed in the late 1920's and early
1930's on the east side of Los Angeles near Central and Vernon Avenues as the Watts
area experienced a growing population of African Americans.
During this period, the level of violence was low. Normally there were fistfights to settle
disputes and weapons were rarely used. Typical criminal activities consisted of auto
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theft, auto burglary, petty theft, prostitution, and street robberies. The drugs of choice
were alcohol, marijuana, and red devil pills.
During the mid 1940's new black gangs began to develop in Los Angeles. The weapons
during this period changed slightly to chains, bats and occasionally knives. In the 1950's
and 1960's Long Beach gangs were also forming. They were called “The Ace Deuce”,
“Pay Backs” and “The Black Lords”.
During the late 1960's and early 1970's, the “Baby Avenues” were formed in Los
Angeles. They eventually became known as the “Avenue Crips”. Their color was blue,
after the colors of Fremont High School in Los Angeles.
By the early 1970s, many black gangs from the Los Angeles area preferred the name
“crips“ and the Los Angeles area started dividing into separate crip sets. Non -Crip
gangs started forming at this time as well, with names such as “The L.A. Brims” and
“Piru Street Boys”. For a short period, the non-crip gangs hung out with crip gang
members. They also wore blue bandanas.
During the summer of 1972, the Compton Crips and the Piru Boys had an all out fight.
Black gang membership took a drastic turn. A split of the black gangs occurred and the
non-crips became “bloods”. Their bandana color changed to red, after the colors of
Centennial High School in Los Angeles, where they attended. The blood gangs aligned
with one another for the purpose of bolstering their numbers. Even so, crip gang
members out numbered them. Crip and blood gang members soon became sworn
enemies.
During this same time, Long Beach “crip” gangs began to form in the inner city with
names like “21st Street Crips", “19th Street Crips”, “Insane Crips”, “7 -Day Crips”, “Brick
Boys”, “Del Amo Boulevard Crips” and others. Although ther e were blood gangs forming
in Los Angeles and Compton, Long Beach remained predominantly a “crip” town. No
“blood” gangs were ever established in Long Beach, although occasionally a blood gang
member will be found here.
By the early 1980s, the Insane Crip gang had become the largest black gang in the city.
As a result of a fight, a group of Insane Crip members broke off and formed their own
gang that became known as the Rollin 20s Crip gang. Eventually, the Rollin 20s
became the second largest black gang in the city. Over the past twenty years, the
Insane Crips and Rollin 20s Crips have become deadly rivals and participated in
countless acts of violence against each other. Today, there is less violence between the
two gangs and more cooperation, as members from each gang will sometimes
collaborate with one another to commit certain crimes such as drug transportation
and sales.
Currently, there are more than a dozen active black gangs in Long Beach. In addition,
there are also individual members from a variety of Los Angeles and Compton based
black gangs scattered throughout the city at any given time.
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African American Gang Structure
Although there are no true leaders in black gangs, members tend to follow other
members who have earned the most status in the gang. Usually this occurs when a
gang member shows a willingness to “put in work”. Simply defined, this means that he is
willing to shoot rival gang members, commit armed robberies, transport and sell drugs,
and participate in thefts and burglaries. The more violent the deeds, or the more
profitable the activity, the more status the gang member will earn. As he “promotes” up
the ladder, and maybe does a little jail or prison time, he may come to control a “crew”
of five or six younger members who will “pu t in work” as ordered. If he continues to gain
notoriety, he may become a “shot-caller”, which allows him to direct more than one crew
and call meetings to discuss strategy or direction. The member is only able to call shots
or direct work as long as he is not incarcerated. If arrested and incarcerated, the
member has little direct influence over events on the streets during his incarceration.
African American Gang Dress
In the past, crip gang members commonly identified themselves by wearing the color
blue, while blood gang members commonly identified themselves by wearing the color
red. Today, colors are not as predictable. There are crip gang members in Long Beach
who wear red and call themselves “East Side Crips”. In addition, blood and crip gang
members also wear baseball caps and articles of clothing bearing logos of collegiate
and professional sports teams to signify membership in a particular set or gang. For
example, “Insane Crips” wear Oakland Raiders attire, “Rollin 20's Crips” wear Pittsburgh
Steelers attire, “Mac Mafia” and “O-Hood Crips” wear University Of Michigan attire and
“Boulevard Mafia Crips” wear North Carolina attire. “Blood” gang members could wear
any collegiate or professional sports team attire bearing the color red and the basebal l
cap symbolizing the letter “P” for Piru.
During the mid 1990's to the present, the traditional patterns previously followed by
black gang members, has changed. The clothing has changed from frequently wearing
the dominant gang colors to wearing casual clothing. Occasionally you may find a gang
member dressing down in their colors. Today’s gang member may not always look like
a gang member. Officers may find it necessary to check for possible clues such as the
subject’s language or conversation, tattoos, graffiti on school materials, belt buckles,
etc.
African American Gang Terminology
Crip gang members commonly address each other by using the word “cuzz”, while
blood gang members use the term “blood”. Both gangs will use the term “homeboy” or
“homie”. Here are some other current commonly used terms:
Strap - gun
Strapped - carrying a gun
hit me - call me
donkey - Male Hispanic
hood rat - female available for sex
daytons - fancy car wheels
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po po - police
crab - derogative for crip
dove - derogative for Rollin 20s gang
slob - derogative for blood
weak toast - derogative for West Coast Crip gang
African American Gang Hand Signs
Members of both “Crip” and “Blood” sets display hand signs to identify their set affiliation
to other gang members. The flashing of gang hand signs could be used to intimidate or
present a face to face challenge to another gang member. This method of
communication sometimes leads to confrontation with rivals, which may then escalate
into verbal and physical violence.
African American Gang Tattoos
Black gang members also use tattoos as another method of communication or
identification. Black gang members will tattoo themselves with their street name(s), their
set (gang), the names of fellow slain gang members, gang slogans, girlfriend s, mothers,
and kids. Most black gang members tattoo their arms, upper backs, and chest areas.
African American Gang Graffiti
Black gangs use graffiti to identify their territory and challenge rivals. Graffiti done by
Crip gang members will usually be in the color blue or black with all the letter “B’s” and
“P’s” crossed out symbolizing disrespect to blood gangs. In crip graffiti, you may find the
letters “BK” symbolizing “Blood Killers” and the numbers 187 indicating death or murder.
When one gang puts up graffiti, a rival gang may cross out that graffiti while putting up
their own tag.
The most common graffiti for black gangs in the city of Long Beach are as follows:
Mac Mafia Crip - MMC, TMC, MM, TMCM
O-Hood - O-H
Boulevard Mafia - BM, BMC
4 Corner Block Crip - 4CBC, 4CB,
Insane Crip - 21st, 19th, ICG, ICG 21st, YFC, YMS
Rollin 20s Crip - RTC, YTL, TL, R20
West Coast Crip - WCC, WC, 7-Day
Brick Block Boys Crips - BBC, BBBC
African American Gangs of Long Beach
Long Beach has six primary African American street gangs.
O-Hood Crips (O-H)
Four Corner Block Crips (4CBC)
Insane Crips (ICG)
Mac Mafia Crips (MM)
Rollin 20 Crips (R20s)
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West Coast Crips (WCC)
O-Hood Crips
Graffiti / tattoos - O-H
Area - North Long Beach
Hang outs - Artesia Blvd and Butler Avenue, Artesia corridor
Rival gang(s) - ICG, YMS
Allies - Mac Mafia, Boulevard Mafia
Four Corner Block Crips
Graffiti / tattoos - 4CBC, Four CBC
Area - North Long Beach
Hang outs - Bort and Long Beach Blvd.
Rival gang(s) - N-Hood, Compton Black gangs, Hispanic gangs
Allies - O-Hood, Blvd Mafia, Mac Mafia
Insane Crips
Graffiti / tattoos - ICG, ICG 21st Street, YMS, YFC, 21, 19th Street, Baby Insane
Gangsters (BIG)
Area - Central Long Beach, North Long Beach
Hang outs - 21st Street, MLK Park, 17th and Alamitos Avenue, Burnett Street
and Atlantic Avenue
Rival gang(s) - All Hispanic gangs, all Black gangs especially RTC and MMC
Allies - All ICG cliques including YMS (Young Murder Squad) and YFC (Young
Foundation Crips)
Mac Mafia Crips
Graffiti / tattoos - MMC, MAC MAFIA
Area boundaries - West of Downey Ave. & North of Andy Street
Hang outs - Andy Street, Artesia Blvd., Downey Ave. and Ramona Park Orizaba
Ave.
Rival gang(s) - Hispanic gangs, ICG especially YMS cliques
Allies - 4 CBC
Rollin 20 Crips
Graffiti / tattoos - RTC, R20, $20s
Area - Central Area, West and East Divisions
Hang outs - 15th Street and Peterson Ave., 10th Street and Myrtle Ave. 17th
Street around Alamitos Ave
Rival gang(s) - ICG
Allies - None known
West Coast Crips
Graffiti / tattoos - WCC
Area - 3385 Santa Fe Ave. and Springdale apartments
Hang outs - Same as area
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Rival gang(s) - ICG, WSL (Hispanic gang)
Allies - None known
Other than the listed primary black gangs, there are numerous other black gangs
present in Long Beach. Most of these are Los Angeles or Compton based gangs. A few
members from each of these gangs may take up residence in Long Beach. Most of
them will be scattered throughout North Long Beach, especially in and around
Carmelitos. Others may be found in the central area, while a few can be found in East
Long Beach along the Anaheim Avenue corridor.
Female African American Gangs
In the African American Gangs there is a small percentage of females who actually
participate in the activity of these gangs. They can become violent if provoked and law
enforcement officers should consider them to be hard-core gang members. The most
popular activities among female black gang members are drug trafficking and robbery.
The females are showing an increasing amount of involvement in gang -related crimes,
violent or otherwise. There are no known all female black gangs in Long Beach.
Pacific Islander Gangs
Pacific Islander gangs have been present in Long Beach for over 25 years.
Traditionally, they have been concentrated on the West Side of t he city, along both
sides of the Santa Fe Avenue corridor. Their members include Samoans, Tongans,
Fijians, Guamanians, Hawaiians and Filipinos. Due to their skin tone, they sometimes
are mistaken for Blacks or Hispanics. Pacific Islander (PI) gang members have learned
to be "territorial" or “from Long Beach”, versus "turf" (specific neighborhood) oriented.
They deal in stolen cars, guns, and narcotics.
Dress
Pacific Islander gangs dress like gangs from other ethnic gangs. Both Long Beach PI
gangs have traditionally aligned themselves with “crip” terminology and attire.
Gang Structure
Pacific Islander gangs are structured along the same general lines as other ethnic
gangs. Those members, who can provide skills and resources to make money through
theft and narcotics, will take on a leadership role.
Pacific Islanders of Long Beach
Long Beach has two Pacific Islander gangs.
West Side Islanders (WSI)
Sons of Samoa (SOS)
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Sons of Samoa (SOS)
Graffiti / Tattoos - SOS / Samoa
Area - Mostly West Side along Santa Fe Avenue corridor, but also found in
North Division around Houghton Park and Carmelitos
Hang outs - 1500 Pacific Ave., Silverado Park
Rival gang(s) - ESL, all other Pacific Islander gangs
Allies - None known
West Side Islanders (WSI)
Graffiti / tattoos - WSI, WSI 34th St., WSI Sugar Cove Boys
Area - West Side along the Santa Fe Avenue corridor
Hang Outs - Burnett Avenue to Wardlow Road along Santa Fe Avenue corridor
Rival Gangs(s) - West Side Longos, West Coast Crips
Allies - None known
White Gangs
Generally, white youth express their delinquent behavior in individual acts of crime not
within the traditional street gang sense. Those white youth who do join gangs many
times join other ethnic gangs such as Hispanic or multi-racial gangs already established
in the community.
The white race has virtually no exclusive street gang in Long Beach. The only “white
exclusive” gangs in Long Beach are the Skinheads and Peckerwood type gangs.
Neither of these are traditional street gangs, in that they do not cla im certain streets,
turf, or territory, nor do they use graffiti or public displays as intimidation tactics against
the community or other gangs. Their motivation seems to be white supremacy, fighting,
and intoxication through alcohol consumption and narcotics usage.
Skinheads
American skinhead groups began in England in the early 1960's. Skinheads are
generally divided into two categories, racist or non-racist. Both categories of skinheads,
and especially the racist, have been known to be extremely viole nt. Racist Skinheads
are known for their close ties to the white supremacist movement and have been linked
to the American Nazi Party, Ku Klux Klan and other militant racist groups.
In Long Beach we have a several dozen Skinhead gang members. Most of these claim
membership in the No Tolerance Group. Their structure as an organized gang seems to
be very loose and mostly involves narcotics use, primarily methamphetamine. Subjects
labeling themselves as Skinheads have been contacted i n the East and South
Divisions.
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Dress
Traditionally Skinheads wore their hair cropped or shaved. This was partially done so
their hair could not be pulled during a fight. They had little or no facial hair. Today it is
common to see them wearing long hair, mustaches and goatee s. This is so they will not
be so recognizable by the police or their other enemies.
The traditional uniform for Skinheads has been blue jeans, suspenders (braces), Doc
Marten boots, white tank top T -shirt and black or olive drab flight jackets. The color of
the suspenders and shoelaces are messages to other Skinheads identifying the type of
Skinhead they are or their beliefs. Traditionally, red means a more militant Neo -Nazi
and white means white power or neutrality in the case of non -racist Skinheads.
Skinheads may also wear pins, graffiti or other articles on their clothing related to Nazi
Germany, white power or white supremacy.
Tattoos
Common racist Skinhead tattoos are used for decoration, identification purposes and
intimidation. They usually depict racial hatred slogans, references to skinhead musical
groups, Nazi symbols and/or other references to white supremacy.
Peckerwoods
The second group of white gang members most commonly seen in Long Beach is
called Peckerwoods. The term Peckerwood is sla ng used by some of the white criminal
element to describe themselves. Through time, Peckerwood was used by the white
prison population to describe themselves, with distinction.
As mentioned before, the white race has no long line of street gang tradition to draw
from. Therefore, the Peckerwoods emulate prison gangs, primarily the Aryan
Brotherhood (AB). The majority of Peckerwoods have been through the state or county
correctional system. The dynamics of Peckerwood-type gangs differ from other
traditional gangs.
Peckerwood gangs and their members are not territorial and thus transient. They tend
to commit narcotic and property crimes. Members arrested for narcotic crimes are often
overlooked as gang members. They will usually not admit to being a gang memb er so
they will not be identified as such.
The Peckerwood ideology is different than other white hate groups, as their objective is
monetary gain. Although Peckerwoods profess racist ideas, they are overwhelmingly
criminally orientated, not politically oriented.
Peckerwoods were primarily formed for self -protection and controlling white criminal
activity. In Long Beach there are several dozen Peckerwood -type gang members. Most
of these claim the Brayton Street Locs or Long Beach Hard Core. The Brayton Str eet
Locs were traditionally found in the area of Brayton Avenue and South Street in North
Long Beach. The Long Beach Hard Core are usually found in East Long Beach, north
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and east of the Traffic Circle, and in the city of Lakewood. Occasionally, members fr om
several out-of-city Peckerwood gangs including the L.A. Death Squad (LADS), Public
Enemy Number I (PENI), and PENI Death Squad (PDS), will be found in Long Beach.
There are very few of them scattered throughout the city, mostly in East Long Beach,
with a few in North Long Beach.
Dress
Peckerwood dress can be closely associated with the Hispanic street gang style or
traditional parolee style. Hairstyles can range from clean-shaven to long and neatly
combed back. When in “a full stride” they will wear ne atly pressed buttoned up shirts
with all of the buttons buttoned up, neatly pressed trousers and work boots or tennis
shoes.
Tattoos
Tattoos worn are used for decoration, identification and intimidation. They will usually
depict racial hatred slogans, Nazi symbols, references to white pride and white
supremacy, Vikings, violence, and reference to the Odin religion.
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Instruction Guide 51
ROBBERY
When a “211 Now” or “211 Just Occurred” call is broadcast, it becomes the trigger for
the response of a large number of police officers. Often, every mobile unit within a
given area will stop what they are doing and proceed directly to the scene of the robbery
or become involved along possible escape routes. Sometimes, as many as three, four
or five units will arrive at the crime location within a few minutes. In the officers’ attempt
to get to the scene in a hurry, the suspect, who may have traveled only a short distance,
is frequently overlooked. Suspects who have completed one or more successful
robberies before being captured tell police that this is a common occurrence.
When officers pile up at the scene, it gives the suspect leaving the scene an opportunity
to escape. It is important that officers are alert to broadcasts pertaining to the arrival of
other units at the scene, as well as to broadcasts of the suspect’s description. Attention
to these broadcasts will greatly increase the chances of apprehending the suspect.
Elements of Robbery
Robbery is:
The felonious taking of personal property in the possession of another,
From his/her person or immediate presence
Against his/her will,
Accomplished by means of force or fear.
Types of Robberies
Robbery (armed) - a robbery where the suspect uses an instrument which could
cause great bodily injury, whether manufactured for that purpose or not; e.g. gun,
knife, club, piece of pipe, billy, dirk, etc.
Robbery (strong arm) - A robbery where the suspect uses bodily force and no
instrument; fists, feet, holding victim to ground, putting sack over head, taping
feet, hands, etc.
Purse snatch - The crime of "Purse Snatch" is not a robbery, unless an amount
of force is used beyond what is required to simply remove the purse, or other
item, from the possession of another. The mere fact that the straps of the purse
break is not enough to constitute force for robbery. If the victim was knocked
down, dragged or threatened this would constitute force and fulfill the
requirements to file a robbery. All crimes involving "Purse Snatch" should be filed
as 487(c) PC (Grand Theft from Person)
Robbery (Carjacking) 215 PC - A robbery where the suspect commandeers the
victim's vehicle. This does not include the hi-jacking or cargo theft of a semi-truck
and its contents
Estes Robbery - In California, a robbery is not completed at the moment the
suspect obtains possession of the stolen property. It must also include the
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element of transportation (carrying away). Escaping with the loss is considered
as important in the commission of the robbery as getting possession of the
property. Accordingly, if one has stolen property (such as a till tap or petty theft in
a store) and uses force or fear in attempting to remove the property from the
owner's or stores immediate presence, the crime of robbery has been committed.
If the thief uses physical force or a weapon to make good his or her escape or to
prevent a recovery of the stolen property, after obtaining it, the element of
forcible taking is present for a robbery arrest
Responding to a Robbery
When the dispatcher calls for a unit to respond to a robbery call, all units in the area
should do so as quickly as possible. Even though the call indicates that the suspect is
“there now”, the search should begin, not at the scene, but in the vicinity. The officer
may end up spotting the suspect if he/she quickly scans the streets, sidewalks,
doorways and automobiles while driving to the scene.
Assistance at the Scene
Information concerning a robbery is usually broadcast as either a “211 Just Occurred” or
“211 Now”. The assistance given to either call differs in the manner in which officers
respond to the scene.
211 Just Occurred-Two units at the scene are usually sufficient. The dispatched
unit and the first assisting unit should notify communications via radio when they
arrive on scene. All other units, after hearing the two units check out at the
scene, can assume that the crime location is adequately covered and should
concentrate their efforts on searching the surrounding area. This will prevent the
unnecessary piling up of units at the scene and will aid in the general search.
211 Now-When the suspect(s) is believed to still be at the crime location, all units
in the area should proceed to the immediate area of the crime until someone
broadcasts a “Code 4-Suspect in custody” or “Code 4 Adam”.
o A “Code 4” should not be broadcast on a robbery call unless it is learned
that the call was unfounded or the suspect is in custody. Even though the
scene appears to be adequately covered, a “Code 4” will infer that no
further assistance is needed and will discourage other units from
continuing the search.
o A “Code 4 Adam” indicates that no further assistance is needed at the
scene and that the suspect is gone, but may be in the area. This will
cause the responding units to widen the search area.
Crime Broadcast
Response to a robbery call by the dispatched unit should be immediate since any delay
gives the suspect additional time to escape. The first unit to arrive at the scene, even if
it is not the dispatched unit, should conduct a brief interview with the victim and
witnesses and broadcast a description of the suspect(s) as soon as possible. Officers
should not attempt to get a detailed account of the robbery before the crime broadcast
because it will waste valuable time needed to search the area for the suspect.
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Additional time can be saved if the officer transmits the crime broadcast to the
dispatcher in a standardized sequence. The sequence should include:
Type of robbery
Location of occurrence
Time of occurrence
Vehicle description
Location last seen or direction of travel
Suspect description
Weapon used
Loss
A robbery suspect's chances of being arrested as he leaves the scene are in direct
proportion to the completeness, accuracy, and speed of the initial and supplemental
broadcasts. While units in the area are looking for the suspect(s) on the basis of the
sketchy original broadcast information, they see many possible suspects. When units
receive a detailed description of the suspect and, if used, his/her vehicle, they are able
to more positively distinguish possible suspects.
After the assigned unit has made an initial broadcast containing a brief description of
the suspects, additional and more detailed information should be obtained from the
victim and witnesses and a supplemental broadcast should be made as quickly as
possible. This broadcast will supply other units in the area with a detailed description of
each suspect and vehicle used and to correct any errors in the initial broadcast.
Search Deployment
Deployment of field units will depend on the method of escape used by the suspect(s)
and the time elapsed after the commission of the crime. Officers should take into
consideration the distance a suspect in a car or on foot would be able to travel in the
amount of time elapsed. Most officers tend to underestimate the distance a suspect can
travel in a short period of time. This distance will vary depending on the density of
pedestrian and vehicular traffic and weather conditions. These factors should allow the
officers to calculate the probable distance the suspect might have traveled away from
the scene. This calculation will enable the officers to search or wait at a location where
the suspect might be or might pass by.
Officers in the area should set up a perimeter, allowi ng the primary and secondary units
to respond directly to the crime scene. Establishing a perimeter with several units
increases the chances of catching the suspect or helps contain the suspect until more
units arrive.
Search Locations
Many suspects will attempt to conceal themselves by mingling with groups of people or
will remain in obvious locations hoping to be unnoticed. Special attention should be
given to locations where a suspect(s) would be inconspicuous.
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Business Establishments – Some robbery suspects may try to conceal
themselves in a business establishment or offices near the robbery scene under
the pretense of transacting business. Although officers cannot always be
expected to search inside these places, they should be alert for persons enter ing
or leaving such establishments. If the interior of a business is visible from the
street, officers should be on the lookout for persons inside who fit the suspect’s
description.
Bars and Restaurants – Bars provide good places of concealment because of
their dimly lit interiors and because of the people who frequent local bars.
Occasionally, suspects will be found sitting in restaurants, usually in booths or at
the counter farthest from the door.
Vacant Buildings – There are hundreds of vacant buildings and apartments
throughout the city which provide excellent hiding places for suspects. Officers
should know their beat and know where the “crash pads” are located in their
area.
Bus Stops/Blueline Platform – Officers should be aware of people standing near
bus stops or on Blueline train platforms. People waiting for a bus or train should
be scrutinized for possible wanted suspects.
o If a suspect was last seen getting on a bus or train, the officer should
notify Long Beach Transit Authority (Busses) or LASD T ransit Service
Bureau (Blueline train) for assistance in stopping the bus or train at the
next scheduled stop.
Video Evidence
Many businesses have video surveillance installed both inside and outside the
establishment. When a robbery occurs in a business district, officers should canvass
neighboring businesses to locate surveillance cameras that may have captured the
crime or the suspect(s) on video. Any video evidence located should be collected as
soon as possible and placed immediately into evidence.
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Instruction Guide 52
BURGLARY
Burglary is one of the most difficult crimes to solve because the suspect is seldom seen.
The most important tools used for apprehension and prosecution are the officer’s initial
investigation and the crime reports filed and forensics including DNA. The most
frequent report taken by officers in the field is the residential burglary. The professional
manner in which an officer investigates and files the report is extremely important to
bring the case to a successful conclusion.
Burglary In-Progress
When an officer responds to a burglary in-progress call, the officer should:
Respond as quickly as possible and plan his/her approach -The plan should
include checking for a point of entry and establishing a perimeter
Keep reporting party landline and use information and observations to establish a
plan of approach.
Make a quiet approach by parking down the street, closing the car doors quietly,
and keeping his/her radio at a low volume
Consider deactivating lights and sirens well away from location.
Communicate his/her observations to the other units and the dispatcher
Request a Code Red if needed (i.e. During a search of the building or
encountering a suspect)
If the building being searched is secure, the officer should advise Code-4. If the
building is not secure, the officer should maintain the perimeter and request
additional units as needed (i.e. K-9, Fox)
Building Searches
When an officer must search a building, the officer should never search the building by
himself/herself. If an officer is at the scene of a burglary alone, he/she should request
assistance and wait for a back up unit before searching a building. If the officer is
responding to a burglary alarm call, the officer should inquire from the dispatcher wh at
time the alarm was activated and which area of the building is being activated.
Officers performing a building search should:
Have a plan as to which officers will enter the building
Officers should enter the building from one point. The Point of Entr y (POE)
should not be used if possible, in order to preserve evidence (Officers should
remember to request a Code Red if the situation warrants)
Officers conducting the search should keep their partner in sight at all times
When searching a dark building, the officer should hold the flashlight away from
the body in his/her non-gun hand while pointing his/her gun in the direction
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he/she is looking. Officers should attempt to find a light switch and turn the lights
on soon as possible, being careful not to silhouette themselves
Search systematically, one side to the other, from the bottom floor up
If there are multiple staircases in a building, ensure all avenues of escape are
covered prior to proceeding to the next level
Advise all units and the dispatcher at the conclusion of the search
Secure the premises
Types of Burglaries
Commercial Burglary-Entry into a business or industrial building with the intent to
commit a theft or any felony.
Residential Burglary-Entry into a residence, apartment, hotel or motel with the
intent to commit a theft or any felony.
o Entry to a garage that is attached to a residence should be handled as a
residential burglary.
Garage Burglary-Entry into a detached garage, whether the garage doors are
open or closed, with the intent to commit a theft or any felony.
Auto Burglary-Entry into a locked vehicle, trailer coach, motor home, or inhabited
camper, with the intent to commit a theft or any felony.
o Entry into an unlocked vehicle to commit a theft is either a petty theft or
grand theft, depending on the dollar amount of the loss.
Boat Burglary-Entry into a vessel, with the intent to commit a theft or any felony.
o The officer must determine whether the boat is a pleasure craft or a live
aboard boat. If there are people who reside on the boat, the entry will
constitute a residential burglary.
Multiple Victims
If several separate units in an apartment complex are burglarized at approximately the
same time, a separate residential burglary DR is required for each victim.
If several hotel or motel units are burglarized at approximately the same time and the
object of attack is hotel property (i.e. television, furniture), the officer should file a
commercial burglary DR listing the hotel/motel as the victim. If the object of attack is
personal property of the person renting the hotel/motel room, the officer should file a
separate residential burglary DR for each victim.
If a building containing multiple separate offices is burglarized, a separate commercial
burglary DR should be taken for each victim.
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Instruction Guide 53
AUTO THEFT
Officers who are dispatched to a report of a stolen vehicle should not assume that the
vehicle in fact was stolen. As in any other type of investigation, the officer should keep
an open mind and question the reporting party in a manner that will leave little doubt in
the officer's mind whether this is truly a case of a car being stolen, rather than one
which was repossessed or being used by a relative.
Repossessed Vehicles
After an officer has determined that the reporting party’s vehicle has been taken, the
officer should then rule out the possibility of repossession.
The officer should ask the reporting party if he/she owns the vehicle or is making
payments. Does he/she hold title to the car. If the answer to either one of these
questions is “no”, the officer should subtly ask if the owner is behind on payments. If
the owner is behind in payments, he/she should be informed to contact the Auto Theft
Detail. This advice applies even if the reporting party states the finance company has
assured him/her that the car would not be repossessed because of late payments.
Stored or Impounded vehicles
While questioning the reporting party, the officer should ask the person if the vehicle
could have been towed because, for example, it was blocking a driveway or impounded
because it was involved in a crime. If there is any question in the officers’ mind, the
officer should check the MWS for vehicle status or ask the Communications Center to
check and see if the car was stored or impounded.
There are times when a person has had his/her car impounded for a misdemeanor hit
and run accident and will try to get the police to believe it was
stolen, relieving himself/herself of guilt. If the officer cannot get an admission from the
reporting party, the officer should take a stolen vehicle report.
Officers should keep in mind that many auto thieves get involved in an accident shortly
after stealing a car. The suspect will park the car at a nearby location an d flee the
scene on foot.
Vehicles Stolen from a Car Dealer’s Lot
A vehicle that is removed from the lot of a new or used car dealership, without the
company’s knowledge, is a stolen vehicle that warrants a police report. When an agent
of a car dealer has given a prospective customer permission to test drive a car, but the
driver fails to return it within six hours, the officer should take a stolen vehicle report
listing the car company as the victim.
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Vehicles Taken by a Relative or Close Friend
Vehicles that are community property cannot be categorized as stolen if one party takes
the car without the other parties’ permission. If a judge in a divorce case has awarded
the vehicle to one of the parties, and the other party takes the vehicle without cons ent,
this constitutes a theft.
A stolen vehicle report may be filed when a relative (excluding spouse) or friend takes
the victim’s vehicle without his/her permission and the victim has never extended
permission in the past to this person. However, if th e victim has allowed this person to
use the vehicle in the past, the victim should be advised to contact the Auto Theft Detail.
The same rules apply in the case of an employee who takes a vehicle from his/her
employer.
If the victim does not want to prosecute, and only wants the car back, do not take the
stolen vehicle report. Refer the victim to Auto Theft Detail.
Stolen Vehicle Report
An officer will be dispatched to take a stolen vehicle report if any of the following
circumstances exist:
The suspect is at or near the scene
There is a named suspect
There is physical evidence at the scene
The victim insists that a unit be dispatched
The reporting party is not the registered owner or lessor
Registration, ownership, or the identity of the reporting party is unable to be
verified over the telephone
A stolen vehicle report can be taken if the victim is not the registered owner but:
Has a signed title transferring the car to the victim.
Was the last driver who had permission from the registered owner.
DMV show “Pending Master File” in victims name.
A victim of a stolen vehicle should be referred to the Auto Theft Detail if any of the
following circumstances exist:
The victim is a rental agency (Only if the suspect is a renter of the vehicle)
The victim is a relative of the alleged suspect, but the victim, at one time, gave
the suspect permission to use the vehicle
The victim has lent the vehicle to another party, regardless of the time period
involved
The alleged theft involves a marital dispute
The victim is delinquent in payments to a lending company
The victim is an auto dealership and the vehicle has not been returned from a
test drive, where less than 6 hours have elapsed
The vehicle is alleged to have been embezzled by an employee
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The vehicle is taken by means of Forgery, Fraud, or Trick and Device. (These
reports will be referred to the Forgery/Fraud Detail)
Any other unusual circumstances involving the incident.
Recovered Stolen Vehicles
When an officer is dispatched to or finds a stolen vehicle, a thorough search of the
interior of the vehicle and the trunk should be made. Some items the officer should look
for which will aid in the investigation are:
Identification or paperwork of persons other than the victim or registered owner
(this can lead to suspect identification or the location of other victims)
Tools or equipment obviously used in the commission of the crime (i.e. screw
drivers in the ignition, slide hammers, etc.-which should always be held for prints)
Holding a Vehicle for Prints
The following circumstances should be present when placing a hold for prints on a
stolen vehicle:
The vehicle was used in a major crime against a person, such as Felony Hit and
Run, Robbery, Murder, etc.
The officer discovers evidence at the scene that may lead to the identity of the
suspect(s)
A named suspect is listed on the stolen vehicle report
When an officer places a hold for prints on a vehicle, the officer must always notify the
Communications Center to place the recovered vehicle on the lab request list . The
officer should provide the year, make, model, license plate, and DR number of the case
to the communications operator.
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Instruction Guide 54
FORGERY/FRAUD
Access Card Fraud
The fraudulent use of access cards has become a major problem for law enforcement.
There are millions of access cards in use in the United States. A portion of these
access cards fall into the hands of criminals in a variety of ways, including robberies,
burglaries, theft and lost cards. In the past, access card companies have handled most
of the investigations regarding fraudulent use of their lost or stolen cards. The current
increase in access card frauds and the corresponding crimes that result from the
original loss of the cards have caused police agencies to become more involved in this
type of field investigation. Access card crime is on the rise and will continue as the
public becomes more dependent on their use. Officers should become familiar with the
different crimes involving the use of access cards.
Access Card Crimes:
Theft of an Access Card (484e(c) PC)-Includes any person who acquires a credit
card from another without the cardholder or issuers’ consent.
Theft of Access Card Information (484e(d) PC)-Includes any person who
acquires access card information with the intent to use it fraudulently.
Forgery of an Access Card (484f PC)-Includes any person who, with the intent to
defraud, alters or makes any access card, or utters such a card; or
o Any person, other than the cardholder or person authorized by the
cardholder, with the intent to defraud, signs any access card, sales slip or
sales draft for the receipt of money or goods.
Fraudulent Use of an Access Card (484g PC)-Includes any person who, with the
intent to defraud, uses for the purpose of obtaining money, goods, services or
anything else of value, a credit card in violation of 484e PC or 484f PC, which
he/she knows to be forged, expired or revoked.
Lost Property (485 PC)
One who finds lost property under circumstances which give him knowledge of or
means of inquiry as to the true owner, and who appropriates such property to his own
use, or to the use of another person not entitled thereto, without first making
reasonable and just efforts to find the owner and to restore the property to him, is
guilty of theft.
Access Card Investigations
The Forgery Detail handles all access card cases. When an officer is dispatched to
investigate any of the above crimes, a crime report should be taken if any of the above
violations occurred. The officer will obtain the sales receipt and place it into evidence.
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As to 484g PC, unauthorized use of access card or account information, our agency
will generate, for a Long Beach resident, a crime report classified as a “Courtesy
Report.”
Use of an Access Card
An arrest should be made if a person is found to be in possession of an access card
that has been determined to be lost or stolen, and the officer has reasonable cause to
believe that the person used or offered the access card and signed the cardholder’s
name. The officer should file a crime report listing the business where the access card
was used or offered as the primary victim.
Possession of an Access Card
An officer should make an arrest if a person is found to be in possession of an
unauthorized access card and if the effort made to determine if the card is lost or stolen
is successful.
The officer should file a crime report listing the access card company (i.e. Wells Fargo,
Master Charge, JC Penny’s, etc.) as the primary victim. The person whose name is o n
the access card should be listed as an additional victim.
An access card is not the property of the cardholder, but rather the property of the
access card company and can be confiscated when an officer feels that there is
probable cause to believe that a crime has occurred. If the access card is confiscated,
but no arrest is made, the card, along with any information should be filed on the
Found Property Report.
“Fraud” is the legal term generally used when referring to some form of deception. It is
not a special crime classification and should never be used alone or in combination with
other terms on the classification line.
Skimming
A device used to capture account information encoded onto a magnetic strip of a credit
and/or debit card. Subsequently, the captured information is transferred to a counterfeit
access card. Skimming incidents occur in variety of circumstances including restaurant
servers who swipe a card when reconciling a patrols bill or a device placed inside a gas
pump that captures the account information once a customer inserts their credit and/or
debit card.
Fraudulent Use of Information Stored on Payment Cards; Scanning or Re -encoding
devices (502.6(a) PC)
Any person who knowingly, willfully, and with the intent to defraud, po ssesses a
scanning device, or who knowingly, willfully, and with intent to defraud, uses a scanning
device to access, read, obtain, memorize or stare, temporarily or permanently,
information encoded on the magnetic strip or stripe of a payment card is guil ty of a
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misdemeanor, punishable by a term in a county jail not to exceed one year, or a fine of
one thousand dollars ($1,000), or both the imprisonment and fine.
Fraud Investigations
Embezzlement (503 PC) – This type of theft involves the taking or wrongful use
of property or funds entrusted to a servant, agent, trustee or public servant.
Embezzlement is considered a misdemeanor if the loss is under $950 and a
felony if the loss is over $950. If the loss involves public funds, the crime is
always considered a felony. Embezzlement crimes should be charged under the
correct theft section depending on the amount of loss. The 503 PC section is only
a definition section, not a chargeable section.
Theft by False Pretense (532 PC) – Theft by false pretense is obtaining property
from a victim who gives it willingly. The suspect is in a position of trust and
through false pretenses gets the property from the victim. The victim must also
intend for the suspect to have permanent title to the loss.
o Examples of theft by false pretense include the sale of nonexistent real
estate, stock, etc. If the loss is less than $950, the crime is considered a
misdemeanor (484/488 PC). If the loss is over $950, the crime is
considered a felony (487(a) PC).
Theft by Trick or Device – Theft by trick or device is the permanent retention of
property, willingly, but only temporarily supplied by the victim to the suspect by
use of a trick or device.
Petty Theft Drive-Outs – Drive-outs are thefts where the suspect obtains property
such as gasoline for his/her car and drives away without paying. If the loss is
under $950, it is considered a misdemeanor. If the loss is over $950, it is
considered a felony.
Defrauding an Innkeeper (537 PC) – This refers to the failure to pay for food or
lodging. This is not considered a theft, but rather a separate and distinct violation. If
the loss is under $950, it is considered a misdemeanor. If the loss is over $950, it is
considered a felony.
Taking a Vehicle without Pay for Services (9884.9(a) BP) – In a case where a
customer has signed a written contract with a repair garage for “specific repairs” for
a “specific dollar amount”, the customer is obligated to pay for the repairs made. If
the customer refuses to pay in spite of signing the contract, it is a crime according to
Business and Professions Code Section 9884.9(a).
o If the repair garage has completed additional repairs at an additional cost
without obtaining written or verbal permission and, noting that permission on
the sales slip, the customer is not responsible for the additional repair cost.
The customer is still responsible for the original repair cost.
o If the customer is unsatisfied with the quality of repair service, the customer is
still required to pay for the services rendered if he signed a contract agreeing
to the repairs and the cost of the repairs. The customer should be told to call
Consumer Affairs to mediate the complaint regarding the quality of the repair
service.
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Instruction Guide 55
HAZZARDS OF APPROACH
APPROACHING A SUSPECT
More than ever before there is a need for police officers to be aware of daily dangers
encountered while working in a patrol function. Don't be complacent and, when
approaching a suspect, always remember the six major hazards.
Hands - Observe the suspect's hands; where are they, in pockets or out where
you can see them? Is there anything in them? A suspect's hands can sometimes
telegraph hostile behavior. He or she may clench their fists prior to an attempt to
strike, or put their hands in an area where they may be concealed
Weapons - Complete a visual search of the suspect for weapons or for bulges in
the clothing that may reveal a concealed weapon. Remember, many common
objects may be used as weapons, e.g., pool cues, beer bottles, chairs, etc.
Friends, Relatives, Associates - Be aware of and consider anyone in the
immediate area as a potential threat during contacts and or arrests. Frequently,
friends, relatives or associates come to the assistance of detainees/arrestees,
utilizing whatever means available to them
Escape Routes - Suspects generally have a better knowledge of escape routes
in their neighborhoods because of familiarity. Try to foresee a suspect's avenues
of escape and plan accordingly
o For safety, plan your own escape route in the event the situation escalates
into an armed confrontation. Use extreme caution when involved in foot
pursuits. It can be dangerous to split up from a partner and act
independently. Use caution and good judgment
Footing - Be aware of what you are standing on or near. Wet grass, loose
asphalt, concrete, curbs, stairs, etc., can cause you to slip or trip as well as
provide an object to be pushed over during a confrontation. Be aware of how
slippery surfaces can be if you have to run on them or arrest a combative
suspect
Cover and Concealment - Cover is anything you can hide behind which will stop
a bullet. Concealment is anything that will hide you from view. Always be aware
of and utilize cover and concealment. Cover alone may be the most important
factor in keeping you alive if the approach/contact escalates into an armed
confrontation. Cover is almost always present, e.g., vehicles, mail boxes, trees,
telephone poles and trash bins
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POSITION OF INTERVIEW
The position of interview is a defensive position that provides you a degree of safety
when you have reasonable cause to interview a suspect. If you find it is necessary to
search, make an arrest or elicit cooperation, you can quickly move into a position of
physical control.
When utilizing the position of interview, there are four important aspects to consider:
Distance - Maintain a distance of slightly more than an arms-length from the
suspect. If you can touch the suspect or the suspect can touch you then he/she
is too close. This distance gives you the time to respond to a threat from the
suspect, providing a margin of safety. You should be able to see the suspect
from head to foot while looking toward center of mass
Balance - If your stance is not balanced, you are vulnerable to being easily
knocked down. Components of a balanced stance are as follows:
o Distribute weight evenly over both legs
o Keep knees unlocked to facilitate quick and effective movement in any
direction
o Position feet shoulder width apart to provide strength, balance, and
mobility in any direction. Lead foot (weak side) should point towards the
suspect, and the rear foot (strong side) should point out at a 45 to 60
degree angle
o This position keeps your weapon away from the suspect greatly reducing
the opportunity for a suspect to grab or take the weapon
Awareness - Always be aware of the potential dangers when dealing with
suspects. Always be aware of your surroundings and the entire situation, as well
as the suspect.
o Don't narrow your field of vision by "staring" at the suspect's face. Using
peripheral vision to detect movement is more effective if you look toward
the shoulder chest area
o Use the sun to your advantage. Maneuver yourself so that your backside
is to the sun and the sun is shining in the eyes of the suspect
Gun Side Away – Keep your gun side away from the suspect. Be aware of
where your gun is in relation to any suspects you are dealing with
POSITION OF ADVANTAGE
The position of advantage is a reasonably safe position from which you can make an
arrest or defend yourself. It is a position from which you can quickly and effectively
apply many physical control holds.
o It is important to position yourself in physical contact with the suspect without
being over-bearing or offensive. Stand to the side and sl ightly to the rear with
your strong side closest to the suspect
o The stance is a well-balanced stance as described in the interview position
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o Hands are positioned with your strong hand, closest to suspect, kept open in an
"L" shape and placed just above the suspect's elbow. Weak hand is placed lightly
across the suspect's lower forearm (just above the wrist joint)
o This position puts you at an advantage. If the suspect were to make an assault,
they must turn both their head and body to locate and/or strike you. A well-
balanced stance is important due to close body relationship to the suspect
o Remember to use a light touch, not a grab. By grasping too firmly, you could
provoke an undesirable response
CONCLUSION
The position taken by an officer will vary according to the type of situation. The most
common position used by an officer during contact is the Position of Interview. The
lowest level of hands-on physical control is the Position of Advantage. Always be aware
that potential danger is present with e very contact. Memorize the six major hazards,
always place yourself in a position that is to your advantage, and don't become
complacent, even when a contact looks routine.
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Instruction Guide 56
TARASOFF REPORTS
Under subsection 8105(c) of the Welfare and Institutions Code, a licensed
psychotherapist shall report to a local law enforcement agency, within 24 hours, the
identity of any person under his/her care who has communicated a serious threat of
physical violence against a reasonably identifiable target. These reports have been
named “Tarasoff” reports after Tatiana Tarasoff, who was killed by an individual after he
had communicated a threat against Tarasoff to a therapist.
Within 24 hours of the receipt of the Tarasoff report, the local law enforc ement agency
shall notify the Department of Justice of the person who has made such a threat. This
notification will mark the beginning of the person’s five-year firearms prohibition.
The following procedures shall be followed upon the receipt of a Tarasoff Report:
The communications center shall enter a priority 2 “Tarasoff” call -for-service in
the beat from where the reporting party is calling.
The handling officer shall respond to the location of the call and take an incident
report using the crime classification “Info – Tarasoff” and include person blocks
for the reporting party (REP), the subject making the threat (OPI), the target(s) of
the threat (OPI), and any witnesses (WIT) or other parties involved (OPI). VIC
and SUS will not be used for person blocks as a Tarasoff report is not used to
report a crime. It is used as a tool to notify the target, and the Department of
Justice, of the indirect threat.
The handling officer shall notify his/her supervisor of the Tarasoff report call.
The handling officer will be responsible for attempting to notify the target(s) of the
threat.
o The officer shall document in the incident report the actions taken toward
notifying the target(s).
o Once the target(s) has been notified of the threat, or all reasonable leads
have been exhausted in attempting to notify the target(s) of the threat, as
determined by the on-duty field supervisor, the call can be closed “wfl” of
“filed.”
The officer shall file the DR prior to the end of the shift.
The officer shall file Form BOF 4074 from the California Department of Justice
(available in Laserfiche as “Form BOF 4074” in the forms folder, under the
general information tab) and fax if to the Bureau of Firearms at (916) 227 -1021
prior to the end of the shift. The faxing of this form will fulfill our obligation to
notify the Department of Justice within 24 hours of receiving a Tarasoff report.
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The officer’s supervisor will be responsible for ensuring the form has been faxed.
A confirmed fax receipt shall be attached to the officer’s report and forwarded to
records.
If the target(s) has not been notified of the threat and all reasonable leads for
notifying the target(s) have not been exhausted by the end of the officer’s shift,
the officer shall file the DR and note in the DR th at the call remains open. The
call will be handed off to the following shift.
o The original handling officer shall notify his/her supervisor of the ongoing
investigation.
o The original handling officer’s supervisor shall communicate the
information to the supervisor of the oncoming shift for continued
investigation.
o The supervisor from the oncoming shift shall assign the call to an officer
for continued investigation.
o The officer handling the ongoing investigation shall file a follow-up report
to the original DR documenting his/her actions toward notifying the
target(s) of the threat. If the target(s) has not been notified of the threat
and all reasonable leads for notifying the target(s) have not been
exhausted by the end of the officer’s shift, the office r shall follow the same
procedure for continuing the investigation as the original handling officer.
o Once the target(s) is notified or all reasonable leads are exhausted, as
determined by the on-duty field supervisor, the call can be closed “wfl”
or “filed.”
The Reporting Section shall route the Tarasoff reports to the Mental Evaluation
Team.
The Mental Evaluation Team shall conduct any follow-up investigation as
needed.
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Instruction Guide 57
FIRES
INTRODUCTION
All patrol vehicles are equipped with a 5-lb., multipurpose, dry chemical fire extinguisher
that is effective on the following types of fires:
Class A - ordinary combustibles (paper, wood, rubber)
Class B - flammable liquids (gasoline, oil, paint)
Class C - electrical equipment (energized wires)
BEFORE USE
Officers are responsible for checking the extinguisher prior to starting their shift to see
that it is securely fastened in its mounting bracket. Check the pressure gauge to ensure
the unit is fully charged, and that the safety pin is intact. Defective extinguishers should
be exchanged for functional units at Division issue rooms. In the South Division,
extinguishers should be exchanged at the gas pump storage shed.
EXTINGUISHING A FIRE
Portable fire extinguishers can extinguish small fires, not large ones. Upon discovering
a fire, request the Fire Department to respond and use the extinguisher as follows:
Pull the safety pin, located on the handle
Aim the nozzle or hose at the base of the flame
Squeeze the handle, sweeping the powder from side to side at the base of the
flame. Watch for a re-ignition. The extinguisher discharges quickly (between 8-15
seconds). The handle can be pressed and released in short bursts to maximize
its use
AFTER USE
After any discharge, an extinguisher should be turned in to the issue room and a
replacement obtained. Spent units will be collected, serviced, and recharged.
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Instruction Guide 58
AIRCRAFT CRASHES
INTRODUCTION
As the home of a major municipal airport, the City of Lo ng Beach must be prepared for
the possibility of private, commercial, or military aircraft accidents. Police responsibilities
at the scene of an aircraft accident include prevention of further fatalities and/or injuries,
proper notification of concerned agencies, traffic and crowd control, area security, and
incident reporting. Aircraft include fixed wing, helicopters and airships.
Forced Landings
A forced landing is the landing of an aircraft at a location, other than a designated
landing place, which does not result in death, injury or property damage. While a forced
landing is not classified as an aircraft accident, it may require police action. Responding
officers should initiate traffic and crowd control procedures.
When advised of the forced landing of a civilian aircraft in our city, the Watch
Commander shall notify the Federal Aviation Administration (FAA) Duty Officer at (310)
725-3300. The Duty Officer will need the following information:
The location of the landing
The type and serial number of the aircraft
The pilot’s certificate number
The aircraft’s home base of operation
They will dispatch an inspector to the scene immediately. Permission must be obtained
from the FAA before an aircraft may take off after a forced landing. Officers s hould
remain with the aircraft until the FAA inspector arrives, takes charge, and there is no
further need for crowd or traffic control.
Aircraft Accident: Operations at Crash Scene
As with any disaster scene, the first priority is officer safety and m aking a determination
of the extent of casualties. The first officers arriving at the scene of an aircraft accident
should assess the scene, assist survivors and determine the safest approach for
assisting emergency personnel.
A Command Post should be established and officers should report initial observations,
secure the scene and request an air unit for reconnaissance. The Communications
Center will need the following information if available:
The type of aircraft down
Size of the impact area
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Type of damage present
Number of dead or injured
Presence of fires
Rescue situation
Any other pertinent facts concerning the crash
The Watch Commander shall notify the FAA Duty Officer, inform them of the downed
aircraft, and request them to notify the National Transportation Safety Board (NTSB). In
the case of any fatalities, the Watch Commander will additionally notify the Los Angeles
County Coroner’s Office at (323) 343-0711.
Site Security
Initially, the site must be treated as a crime scene and contai ned as quickly as possible
in order to preserve any possible evidence. Most likely, hundreds of pedestrians and
vehicles will converge at the scene. An ingress/egress route to the crash site should be
established and controlled to facilitate the movement o f emergency vehicles and
authorized personnel.
All persons requesting access to the containment area shall be directed to the
Command Post to obtain authorization. The only exceptions to this are police, fire and
medical personnel that are providing emergency services, as well as representatives of
the FAA, NTSB, and Coroner’s Office.
The wreckage within the containment area should be guarded as evidence. Pieces of
the wreckage may be widely scattered and must not be moved without authorization
from NTSB personnel. Items such as papers and certificates should be secured and
identified as to where they were found.
The Coroner has the legal responsibility for directing and coordinating the recovery,
collection, identification, and processing of the dead and their personal effects. He also
coordinates press releases relative to the identity of the dead.
The Incident Commander may consider requesting a temporary flight restriction over the
crash scene. This request, made through the FAA Duty Officer, has three primary
applications:
To ensure adequate levels of safety to persons and property in the air or on the
ground from an existing or potentially hazardous situation when the presence of
low-flying aircraft would increase or compound the hazard
To provide a safe environment for the operation of disaster relief aircraft
To prevent unsafe congestion of sightseeing aircraft in the area of an incident or
event
News Media
as those areas are not deemed a "crime scene." Federal authority supercedes
California law and restricts anyone from entering the crash scene, including the media,
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without consent of the NTSB investigator in charge [Title 49 US Code §1901: 49 CFR
831.10(a)(b)]. Local law enforcement acts as the investigator's agent and assumes
responsibility for restricting access until their arrival.
The accident must be considered a crime scene even though the crash may not have
been the result of an obvious criminal act. The Police Department must restrict media
access to the site pending the arrival of the NTSB investigator.
It is, however, the NTSB's policy to accommodate the media. Therefore, it is important
that a specific media area be designated as soon as possible, to afford news agencies
the best possible view of the site without compromising the scene.
Aircraft disasters are major media events. California Penal Code §409.5 allows
accredited media representatives access to certain areas closed to the public, as long
Military Aircraft
Accidents involving military aircraft are under the jurisdiction of the respective military
authorities. Police response is primarily to protect the public and preserve the scene
intact until the military investigators arrive and assume control. With the exception of fire
and rescue personnel, the scene of a military aircraft accident is strictly off-limits to
civilians, including the news media. Requests for information or statements should be
referred to the proper military personnel.
A crashed military aircraft may present hazards not encountered with civil ian aircraft.
Such hazards may include ejection seats, bombs, munitions, and jet propellants.
Officers should avoid approaching these aircraft head-on, where they may be in the
path of exploding cannons or rockets.
Reports
Primary investigation to determine the cause of an aircraft accident falls under Federal
jurisdiction. Our reports are aimed at assisting the Federal agencies in their complicated
task. Listed below are the various types of reports that may be filed:
Special Accident (Forced Landing)
Filed when any aircraft, civilian or military, makes an emergency landing at a
location other than a designated landing place, with no damage to any other
property or injuries to anyone. Should include pilot's name, certificate number,
passenger names, witness statements, aircraft identification number, and
aircraft's home base of operations.
Special Accident (Aircraft)
Filed when any aircraft, civilian or military, crashes within the city limits. If the crash
occurs at the Long Beach Airport, this report will be filed only when Airport personnel
call this Department to the scene. The report should be as complete as possible as to
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the identity of the people involved, property, damage, aircraft identification number, type
of aircraft, destination and point of departure, and the name of the aircraft owner.
Witnesses are extremely important to the success of aircraft accident investigations.
Officers should identify witnesses and record statements as to their location during the
crash, aircraft direction in flight, fire or explosion prior to the crash, impact angle, falling
items from the aircraft, and removal of any items from the scene. When possible,
witnesses should remain until the arrival of FAA or NTSB representatives.
If a crash does occur at the airport, airport personnel will escort responding officers to
the accident scene. Caution must be exercised as it is likely runways and taxiways will
be in use in spite of the aircraft accident.
City Property (Damage)
Filed when any city property is damaged as the result of an aircraft crash.
Dead Body
Filed when civilian personnel are killed in an aircraft accident, or when military
personnel on a civilian aircraft or on the ground are killed. No dead body report will
be filed on military personnel aboard a military aircraft.
When the pilot or occupants of a civilian aircraft are killed, a single dead body report
should be filed, listing the pilot first and all others aboard the aircraft as additional
victims. Victims on the ground that die as a result of the crash should be listed on
separate, individual reports. Information should be as complete as possible as to
identification and locations where the victims were found.
CONCLUSION
Officers assigned to work at the scene of an aircraft accident must have a clear
understanding of their responsibilities. Although a scene of mass destruction and
casualties may seem overwhelming initially, having first responders trained in the
Incident Command System and employing the system effectively will result in a safe
and successful operation.
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Instruction Guide 59
HAZMAT
Hazardous Materials and Incidents Defined
Numerous codes and statutes define and regulate hazardous materials. Basic
definitions of what constitutes a hazardous material is any m aterial or substance in a
quantity or form that, when not properly controlled or contained, may pose an
unreasonable risk to health, safety, property or the environment. A hazardous materials
incident exists when a release or threatened release of one of t hese materials occurs.
Police Officers and Hazardous Materials
All police officers are First Responders for hazardous materials per Title 8 Section 5192
of the California Code of Regulations (CCR). Officers are trained at the awareness level
and are expected to recognize the release or threatened release of hazardous
materials. They are to take appropriate actions to isolate the incident and make the
necessary notifications to obtain assistance. Officers do not have the training or
resources to handle hazardous chemicals or to enter contaminated areas.
First Responder Actions
Upon recognition of a release or threatened release of hazardous materials, officers
shall:
Isolate the area of release and deny entry to anyone, except those qualified for
assessment, sampling, containment, cleanup or investigation of hazardous
materials
Make notification to the Long Beach Fire Department via Police Communications
Notify a field supervisor of the incident
Note pertinent information to help other responders in dealing with the chemicals:
Placards
o Labels
o Shipping papers
o Information from drivers, shippers, handlers
Safety
Safety is the primary concern for police officers at a hazardous materials incident. All
officers should adhere to the following:
Stay upwind, uphill and upgrade from all spills or releases
Keep back far enough to avoid any exposure to chemicals
Do not attempt rescue of persons down in contaminated areas
Do not use flares for any incident involving potentially flammable materials
Do not eat, drink or smoke near incidents
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Do not go into a hazardous material exposure area and sniff the air to see if it’s
breathable
Officers who believe they have been exposed to hazardous chemicals should notify
incident command immediately. A proper chemical exposure and medical assessment
is essential. Decontamination of personnel and equipment is required to prevent the
spread of hazardous materials. The officer’s supervisor should also be notified to
document the exposure and any treatment received.
Hazardous Materials Incident Responsibilities
Per a letter of agreement between the Long Beach Police Department and the Long
Beach Fire Department, police officers who discover or arrive first at a hazardous
materials incident will initiate incident command, follow First Responder Awareness
actions, and pass command to the ranking fire officer upon their arrival.
The Long Beach Police Department will support the Fire Department by:
Providing a supervisor to the Fire Department Command Post
Maintaining open entry routes for additional emergency responders
Providing vehicle and pedestrian perimeter control
Assisting in the evacuation of non-contaminated areas
Hazardous Materials Incident Management
The Long Beach Fire Department is responsible fo r hazardous materials incident
management. Hazardous Materials Specialists are dispatched 24-hours a day by the
Long Beach Fire Department Alarm Office.
Incidents on freeways, on-ramps and off-ramps are the responsibility of the California
Highway Patrol who acts as incident commander and arranges for cleanup through
CalTrans. Incidents in navigable coastal waters, or at anchorage in these waters are the
jurisdiction of the Unites States Coast Guard. Incidents significantly impacting inland
waters are the responsibility of the California Department of Fish and Game. Releases
of petroleum products to the waters of the State are the responsibility of the Oil Spill
Program Emergency Response section of Fish and Game.
All Long Beach agencies will provide support to other agencies in the management of
hazardous materials incidents.
Criminal Acts
Articles 79 and 80 of the Uniform Fire Code regulate the general storage and use of
hazardous materials. The Uniform Fire Code is adopted as part of the Long Beach
Municipal Code and enforced by Inspectors of the Fire Department’s Fire Prevention
Bureau.
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Title 49 of the Federal Code of Regulations regulates the transportation of hazardous
materials. This law defines the parameters for shipping papers, placards, labels,
containers and loading for hazardous materials transportation. In Long Beach,
enforcement is done by the Traffic Division Commercial Enforcement Officers.
HAZARDOUS WASTES AND CHEMICAL DUMPING
Hazardous Wastes Defined
Hazardous wastes are defined in Title 22 of the CCR. The criteria for hazardous wastes
include federally listed wastes under the Resource Conservation and Recovery Act
(RCRA) and chemicals that meet State of California criteria for ignitability, corrosivity,
reactivity or toxicity. The regulations contain many exemptions and chemical testing by
a certified laboratory is often required to determine the status of a waste chemical.
Hazardous wastes often encountered include: gasoline, used motor oil, oil-based paint,
leaded paint, asbestos, corrosives, pesticides, fumigants, solvents, paint strippers, photo
chemicals and explosive oxidizers. When these or other chemicals are dumped or
abandoned, the Fire Department and Department of Health and Human Services
should be notified immediately.
Hazardous Waste Enforcement in Long Beach
In Long Beach, enforcement of Hazardous Waste Control Laws rests with the State of
California chartered Certified Uniform Program Agency (CUPA). The Long Beach
Department of Health and Human Services is the lead agency of the CUPA and the Long
Beach Fire Department is a participating agency. The CUPA regulates the handling of
hazardous wastes by businesses. The Fire Department’s Environmental Investigations
Section provides the enforcement branch for the CUPA.
Criminal Violations
Officers responding to dispatches involving chemicals should be alert for potential
criminal activity. Violations of Title 22 CCR are charged under the California Health and
Safety Code. The subsections under 25189.5 H&S are for the illegal disposal,
transportation, treatment and storage of hazardous waste.
The sections can be charged as felonies or misdemeanors and carry maximum
penalties of imprisonment in the state prison for 16, 24, or 36 months and fines of up to
$125,000 per day of violation.
These are “general intent” crimes. There is no requirement to show intent or malice.
Disposal or transportation requires what amounts to a civil standard of proof
(“reasonably should have known...”). Making a criminal case only requires a hazardous
waste not be handled in compliance with Title 22 CCR.
Due to the complexity of enforcement and resources required, investigations require
hazardous materials specialists from the Long Beach Department of Health and Human
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Services and investigators from the Fire Department’s Environmental Investigations
Section.
Non-Hazardous Waste
Many chemicals that do not meet the criteria for hazardous waste are still pollutants,
hazardous substances or otherwise regulated. The Health and Safety Code pro hibits
dumping of used oil and latex paint into the trash, ground or waters of the State. The
City’s Federal Storm Waters Discharge Permit sets limits on all discharges into the
streets and storm drain system. With certain exceptions, the standard for disc harge is
potable (drinkable) water.
Activities such as engine degreasing, washing out paint brushes and cement and stucco
wash downs are prohibited. Officers discovering any chemical or pollutant discharge
into the streets or storm drains should have the Fire Department or Long Beach Water
Department Storm Drain Division notified immediately.
Dumping waste matter into the street or upon private property without the owner’s
consent is chargeable under the Penal Code. Violators of subsections of 374.3 PC can
be cited or booked as infractions. These sections pertain to the dumping of non -
hazardous wastes. Items commonly encountered that come under this section include
cooking oil, fish guts, tires, trash, sewage, and construction waste. Officers should not
use this section for any chemical dumping.
Section 374.8 PC deals with dumping hazardous substances. These include some
chemicals that are not hazardous wastes. Analytical samples are needed to determine if
the suspect chemical comes under this section.
Officers Actions
Officers who encounter possible violations related to chemical dumping should first
consider the hazards and take appropriate First Responder Awareness actions.
Maintain the crime scene and call for appropriate resources such as the Lon g Beach
Fire Department, the Long Beach Department of Health and Human Services or an
Environmental Investigator through Fire dispatch .
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Instruction Guide 60
LONG BEACH POLICE DEPARTMENT
VISION, MISSION, CORE VALUES
VISION
“To Provide a Safe City for all People”
MISSION
“Public Safety through Partnerships”
CORE VALUES
Ethics – “Doing the right things”
o Promoting the Law Enforcement Code of Ethics in all we do
o Policing in a constitutional manner – serving all people fairly and equally
o Maintaining professional standards on and off duty
o Accountability – never accepting mediocrity
Intelligence – “Doing things right”
o Policing in a smart, focused, and effective manner to protect life and
property
o Promoting creativity and innovation to solve and prevent problems
o Utilizing best practices, tools, and technology to keep the public safe
o Policing in public partnership using the concepts of Sir Robert Peel’s Nine
Principles of Policing
Respect – “Treating people right”
o Treating people with dignity and respect both internally and externally
o Give people a voice by listening
o Take the time to explain how we do business and why
o Encouraging and empowering employees to be the best they can be
o Everybody matters