knightstown police standard operating procedures

KNIGHTSTOWN TOWN MARSHAL’S DEPARTMENT STANDARD OPERATING PROCEDURE

MANUAL

Revision Date: November 19, 2009

Original issue: 12/27/06 Town Council

Town of Knightstown Henry County, Indiana

Organizational Chart:

TOWN COUNCIL

TOWN MARSHAL

CAPTAIN DISPATCH SUPERVISOR

DISPATCHERS OFFICERS & RESERVES (FT & PT)

TABLE OF CONTENTS

Rule #1 Standard Operating Procedures 1

I. Purpose 1

II. Policy 1

III. Procedure 1

A. Issuance of Policies 1

B. Inspection of Standard Operating Procedural Manual 1C. New Policies

1D. Review of Policies

1E. Change in Policies

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Rule #2 Code of Conduct 2

I. Purpose 2

II. Policy 2

III. Definitions 2

IV. Procedure 2-13

A. Preserve and Advance Democratic Values 2-3B. Improve the quality of Community Life 3-4C. Compassion 5D. Professionalism 5-6E. Pride 7-8F. Teamwork 9-1G. Commitment 10-11

H. Excellence 11I. Quality Service 11-12

Rule #3 Department Organization (Definitions) 13

I. Purpose 13

II. Policy 13

III. Procedure 13-19

A. Employment Classification 13-14B. Town Marshal 14-16C. Deputy Marshal 16-19

Rule #4 Use of Departmental Vehicles 20-36

I. Purpose 20

II. Policy 20


A. Definitions 20B. Vehicle Operation 21-23C. Use of Clearly marked Take-Home Vehicle 23-24D. Use of Unmarked Take-Home Vehicle 24-25E. Care of Departmental Vehicle 25F. Reporting Vehicle Crashes or Damage 26G. Effect of Leave on Departmental Vehicles 26H. “Pool” Car Use 26-27I. Pursuit Driving 27-35J. Disciplinary Action 35K. Reporting for Duty 35L. Address on Leave 35-36M. Seat Belt Policy 36

Rule #5 Dispatcher 37

I. Purpose 37

II. Procedure 37

A. Dispatcher 37

Rule #6 Internal Standard Operating 38-44

I. Purpose 38

II. Policy 38-44

A. Personnel Hiring 38-41B. Probationary Employees 41

C. Mandatory Training D. Compensation/Leave 42-43 E. Change in Employment Status 43-44F. Resignation or Retirement 44G. References 44

Rule #7 Disciplinary Action 45-48

I. Purpose 45

II. Policy 45


A. List of Basic Work Rules 45B. Minor, Serious & Sever Offenses Examples 45-47C. Progressive Discipline 47-48

Rule #8 Equipment 49

I. Purpose 49

II. Policy 49

III. Procedure 49A. Standard Arms Equipment 49B. Loss or Damage 49C. Surrender 49

Rule #9 Firearms Use 50-56

I. Purpose 50

II. Policy 50


A. Issued Firearms 50B. Duty Weapons 50C. Non-Issued Secondary Weapons/Back-up Weapons 50D. Authorized Ammunition 50-51E. Other Firearms 51F. Firearms Training 51-52G. Holsters and Magazine Carriers 52H. Firearms Responsibilities 52-53I. Firearms Use & Reporting 53-54

J. Use of Patrol Rifle 54-55

K. Firearms Review Board 55L. Range Organization and Operation 55-56

Rule #10 Uniforms 57-59

I. Purpose 57

II. Procedure 57-59

A. Uniforms 57-59

Rule #11 Arrest and Detention 60-61

I. Purpose 60

II. Policy 60


A. Arrest 60B. Restraints 60C. Pursuit 60D. Defendant’s Rights 61E. Police Powers 61F. Personal Involvement 61G. Exception to Police Powers 61H. Arrest Out of Uniform 61

I. Filing Charges 61

Rule #12 Searches 62

I. Purpose 62

II. Policy 62


A. Inventory Record 62B. Incident Report 62C. Photographs of Valuables 62D. Use of Force during Inventory Searches 62E. Regulations 62F. Searches 62-63

G. Destruction of Evidence 63

H. Confiscated Property 63

Rule #13 Court Appearances 64

A. Appearance 64

Rule #14 Public Information 65-66

I. Procedures for Release of Information to the Media 65

A. Public Information Officer 65-66

Rule #15 Juvenile Offenders 67-68

I. Purpose 67

II. Policy and Procedure 67-68

A. Holding Area 67B. Not Physically Secured 67C. Purpose of Holding Area 67

D. Use of Holding Area 67E. Continuous Visual Supervision 67F. Substantial Risk 67G. Nonsecured Custody 67H. Processing 67-68I. Child in Need of Services 68

Rule #16 Complaints Against the Department 69

I. Purpose 69

II. Policy 69

III. Procedure 69

A. Initial Filing 69B. Disposition 69C. Action 69

Rule #17 Drug Free Workplace Policy 70

A. Implementation of Henry County, Indiana, Policy 70

Rule #18 Computer and Internet Usage 71

I. Purpose 71

II. Policy and Procedure 71

A. Conducting Job Related Activities 71B. Proper Use 71C. Unauthorized Access 71D. Security 71E. Clarification of Permissible Activity 71F. Access of Public Records Act 71G. Monitoring Use 71

Rule #19 Use of Tasers 72-77

I. Purpose 72

II. Policy 72-77A. Electronic Incapacitation Devices 72B. Issuing of the ADVANCED TASER 73C. Training and Certification 73D. Use of an ADVANCED TASER on Persons 73-75E. Duties After Deployment 75-76F. Supervisor Responsibilities 76-77

III. Procedure 77

A. ADVANCED TASER Use Policy 77B. Training and Certification 77C. Force Continuum 77D. Deadly Force Situations 77E. Proper Use 77F. Collection of Evidence 77G. Comply with Procedures and Policies 77

Rule #20 In-Car Video Systems 78-79

I. Purpose 78


A. Documentation of Events 78

B. Events 78

C. Removal of Videotapes of Events 78

D. Videotapes as Evidence 78

E. Assigning Case Number to Videotape 78

F. Daily Testing of In-Car Video System 78

G. Proper Date and Time on Screen 78

H. Permission to Copy Videotapes 79

Rule #21 Canine Utilization 80-91

I. Purpose 80


A. Goals 80

B. Definitions 80

C. Proper Utilization of Canine 80-82

D. Specific Responsibilities 82-84

E. Canine Bite Incident Procedure 84

F. Tracking Procedure 84-85

G. Narcotics Searches 85-86

H. Property Searches 86

I. High Risk Traffic Stops 86

J. Perimeters 86

K. A Canine Team is NOT 87

L. When a Canine Team Can Be Used 87-91

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STANDARD OPERATING PROCEDURES Rule #1

I. PURPOSE: Standard operating procedures are for the expressed purpose of providing members of the department with administrative interpretation of policy matters of general nature and further to provide uniform procedures and rules for handling these matters in a more specific manner.

II. POLICY: Standard Operating Procedures shall, in all instances, be issued exclusively over the signature of the Town Marshal. All Standard Operating Procedures shall be approved by the Town Council.

III. PROCEDURE:

A. The Town Marshal shall be responsible for issuing copies of all policies to members of his/her command. Each member shall be issued a three ring binder, which will be referred to as the Knightstown Town Marshal’s Department Standard Operating Procedural Manual within which; he/she shall maintain the aforementioned issuances in a neat and orderly manner. Each member shall be required to read each issuance and to acknowledge in writing that he or she has read, understands and intends to comply with it. Furthermore, when amendments to the Knightstown Town Marshal’s Department Standard Operating Procedural Manual are issued, each member shall sign the compliance sheet on the bulletin board within twenty four (24) hours of the date of the member’s return to service from days off or from a leave status at the time of issuance. All other members shall sign within twenty four (24) hours of issuance of the policy amendment.

B. Inspection of each member’s Knightstown Town Marshal’s Department Standard Operating Procedural Manual will be accomplished by the Town Marshal on an annual basis. The inspection will be noted in the Town Marshal’s records.

C. When a new policy is issued, it shall indicate on its face, the issue date, number and subject matter. Unless otherwise noted the issue date will be the effective date.

D. Each policy will be reviewed at least yearly for updates and changes.

E. When a change is issued the change will be posted to each member’s handbook.

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CODE OF CONDUCT Rule #2

I. PURPOSE: To give practical meaning to the department mission, by setting forth for members of the Knightstown Town Marshal’s Department, articulated rules and regulations as well as codes for conduct, both on duty and off duty.

II. POLICY: All members of the department shall become familiar with these standards and shall abide by them. Violation of any rule constitutes grounds for disciplinary action. Rules of conduct are as essential to a well functioning, correctly disciplined organization as proper laws are to a society. The Town Marshals and Town Marshal Deputies and Dispatchers and public employees are granted a public trust, which require that they consistently demonstrate the highest degree of integrity. A law enforcement agency must maintain high-level personal and official conduct if it is to command the respect and confidence of the public it serves.

The essence of a profession is that it requires, in addition to prescribing a desired level of performance, established minimum standards of ethical conduct with prescribed rules for internal discipline to ensure compliance. Nothing in these rules is intended to limit or supersede any provision of law relating to the duties and obligations of peace Officers or public employees or the consequences of a violation thereof. Whereas these rules specify certain conduct as unprofessional, this is not to be interpreted as approval of conduct not specifically mentioned. Nothing in this code is intended to limit the authority of the department to adopt and enforce rules and regulations that are more stringent or comprehensive than those that are contained in this document.

Members of the department confronted with situations that are not specifically covered by these rules or other department policies must utilize discretion and make their decisions based upon training, experience and, perhaps most importantly, the mission and values of the town.

III. DEFINITIONS:

Officers – Refers to Town Marshal, Captain, all Deputy Marshals and all Reserves

Member - Refers to Town Marshal, Captain, all Deputy Marshals, all Reserves, all Dispatchers and all civilian employees and/or volunteers.

IV. PROCEDURE:

A. Preserve and Advance Democratic Values.

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1. This Country’s democratic values as embodied in the U.S. Constitution shall be upheld and all department members shall dedicate themselves to the preservation of life, individual freedoms and justice for everyone.

2. Members shall recognize that the primary responsibility of their profession and of the individual member is the protection of the people within the jurisdiction of the United States through upholding of their laws, the most important of which are the Constitution of the United States, the Indiana Constitution and the laws derived there from.

3. Members shall be aware of the extent and the limitation of their authority in the enforcement of the law.

4. Members shall endeavor to uphold the spirit of the law, as opposed to enforcing merely the letter of the law.

5. Members shall follow and adhere to all legal and best practices in such areas as interrogation, arrest or detention, searches, seizures, use of informants and collection and preservation of evidence.

6. Members shall not restrict the freedom of individuals, whether by detention or arrest, except to the extent necessary to legally or reasonably apply the law.

7. Members, whether on or off duty, shall obey all the laws of the United States and any state or local jurisdiction in which the Officer is present, except in the performance of duty under proper authority.

8. Members shall not knowingly make false accusations of any criminal, ordinance, traffic or other law violation, nor make it intimidating or threatening statements.

B. Improve the Quality of Community Life.

1. Department members must understand the importance of community values and expectations, be responsive to the concerns of all citizens, and encourage our members to expand their role in helping the community to develop into a better place to live.

2. Members shall, within the boundaries of the city and while on duty, preserve the public peace, protect life and property and equally enforce laws for which the department is responsible.

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3. Members shall recognize that their allegiance is first to the people, then to their profession and then to the government agency that employs them.

4. Members shall recognize that every person is entitled to professional, effective and efficient law enforcement services.

5. Members must recognize the basic goals of the community and the department and work with each other and all citizens to make Knightstown a better place to live.

C. Compassion.

1. The role of the Town Marshal’s Department is to resolve conflict through impartial enforcement of the law, not through imposition of judgment or punishment. All persons shall be treated equitably and with compassion.

2. Members shall respect and uphold the dignity, human rights and constitutional rights of all persons.

3. Members shall follow the principles of integrity, fairness and impartiality in connection with their duties.

4. Members shall be courteous and respectful in their official dealings with the public, fellow members, superiors and subordinates.

5. Members shall recognize the rights of individuals to be free from capricious or arbitrary acts, which deny or abridge their fundamental rights as guaranteed by law.

6. Department members shall receive said complaints in verbal form, and then promptly record any complaint made by a citizen against any member of the department. Members may attempt to resolve the complaint, but shall never attempt to dissuade any citizen from lodging a complaint.

7. Members shall be courteous to the public. Members shall be tactful during the performance of their duties, shall control their tempers and exercise patience and discretion. Members shall not express any prejudice concerning race, color, religion, sex, age, physical disabilities, politics, national origin, life-style or similar characteristics.

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8. Members shall not mistreat persons who are in their custody or care. Members shall handle such persons in accordance with law and department procedures.

9. Members shall not use more force than is reasonably necessary. Members shall use force in accordance with law and department procedures.

D. Professionalism.

1. Department members must recognize that agency success is dependent on the trust and confidence of the citizens of the community, which are served. Therefore, members shall always engage in behavior, which is beyond reproach and reflects the integrity of police professionals.

2. Members, as professionals, shall maintain an awareness of those factors affecting their responsibilities.

3. Members shall not allow their personal convictions, beliefs, prejudices or biases to interfere unreasonably with their official acts or decisions.

4. Members shall not consider their badge of office or department status as a license designed to provide them with special favor or consideration.

5. Members shall conduct themselves at all times in such manner so as not to bring discredit upon the member department or town. Conduct unbecoming a member shall include that which brings or could bring the member, department or the town into disrepute or reflects discredit upon the member as a member of the department, or that, which impairs or could impair the operation or efficiency of the town, department or member.

6. Members shall maintain a level of moral conduct in their personal and business affairs, which is keeping with the highest standards of the law enforcement profession. Members shall not participate in any incident involving moral turpitude, which impairs their ability to perform as law enforcement Officers, or causes them or the department to be brought into disrepute.

7. Members shall not be parties to any promises, schemes, arrangements or agreements between persons charged or about to be charged with a violation of the law, with a view to reducing or avoiding the penalties imposed by law.

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8. Participation in political activities which conflict with a member’s duties with the department or violate state or federal law shall be prohibited. No member shall use his or her position with the department or his or her “on duty” time to assist in the campaign of a political candidate. Department members shall conduct their personal political activities in such a manner as not to violate the federal election campaign act, or the ghost employee law, or state or federal regulations concerning fraud or deceptive activities, or state or federal regulations concerning the political activities of law enforcement employees.

9. Members shall not possess any controlled substances, narcotics or hallucinogens except in the proper performance of duty or when prescribed by a physician or dentist. When such drugs are prescribed, members shall notify the Town Marshal in writing immediately and if such drugs are prescribed for the Town Marshal, he shall notify the Town Council Police Committee. Members shall not store or bring into any police facility or vehicle, alcoholic beverages, controlled substances, narcotics or hallucinogens except those, which are taken and held as evidence or to be used in training but only after the issuance of an appropriate Court order allowing possession for such purposes.

10. Members shall not consume intoxicating beverages while in uniform or on duty, except while working in an undercover operation. But in no event, shall a member in this capacity consume intoxicating beverages to such an extent that an Indiana law would be violated. Members shall not appear for duty or be on duty while under the influence of intoxicants to any degree, or with the odor of intoxicates on their breath. Members shall not while in uniform or on duty enter any place where intoxicating liquor is sold or furnished except in the performance of duty. Exceptions apply to gas stations, restaurants, grocery stores, FOP lodge, etc., or when the member is conducting an activity unrelated to alcohol purchase or consumption.

11. Members, while off duty, shall refrain from consuming intoxicants to the extent that it results in intoxication or obnoxious behavior which makes them ineffective in their job, or renders the Officer unfit to report to their next tour of duty.

12. Members shall neither directly or indirectly recommend any Attorney or bondsmen to any prisoner or other person. If any member is asked for the name of an attorney or bondmen, he or she shall simply refer the person making such request to the listings in the yellow pages of the telephone directory without comment as to their individual qualifications.

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13. No member of this department, including all ranks, nor member of any supporting organization, shall ever accept a gratuity from any citizen. This regulation shall not preclude or prevent a member from accepting a meal or gift of reasonable value, from any service club, church, sponsored organization, fraternal organization, supporting organization, etc., when such meal or gift is offered to the member as a guest of the organization, or in reward for extra-duty activities that have been devoted to the interest of the citizen.

14. Members shall not recommend or suggest in any manner, except in transaction of personal business, the employment or procurement of a particular product, professional service or commercial service. When such service is necessary and the person needing the service is unable or unwilling to procure it or requests assistance, members shall proceed in accordance with established departmental procedures.

15. Members shall carry their badges and identification cards at all times while on duty, except when impractical or dangerous to their safety. They shall furnish their name and rank to any person requesting that information when they are on duty or while holding themselves out as having official capacity, except when withholding of such information is necessary for the performance of the police duties or is authorized by proper authority. Members who take official action while off duty or out of uniform must properly identify themselves as an Officer and display a badge and identification.

16. Members shall avoid regular or continuous associations or dealings with persons whom they know, or should know, are persons under criminal investigations or grand jury indictment, except as necessary to the performance of official duties, or where unavoidable because or other personal relationships with the member.

17. Members shall treat the official business of the department as confidential. Information regarding official business shall be disseminated only to those for whom it is intended, in accordance with established procedures. Members shall not divulge the identity of persons giving confidential information except as authorized by proper authority.

18. Whenever a member observes or is informed that the conduct of another member is in violation of any of these rules, he/she shall immediately take all necessary action to report the incident to his/her immediate supervisor, who shall immediately forward it to the Town Marshal (except for oral reprimand actions) via chain of command. In the event a superior member

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committed the misconduct observed, the member shall forward a report of the same to the Town Marshal via sealed envelope. If the conduct in question involves the Town Marshal, the member shall forward a report of the same to the Town Council Police Committee members.

E. Pride.

1. Department members shall take pride on being capable and caring people who provide a valued service to the citizens of Knightstown and shall promote pride in the community, agency, and police profession.

2. Members shall not use their official position, identification cards or badges:

a. For personal or financial gain, (unless authorized by the Town Marshal for off duty employment), for themselves or any other person.

b. For obtaining privileges not otherwise available to them except in the performance of duty. c. For avoiding consequences of illegal acts.

3. Members shall not authorize the use of their names, photographs or titles that identify them as Officers, in connection with testimonials or advertisements or any commodity or commercial enterprise.

4. Members shall not lend to another person their identification cards or badges or permit them to be photographed or reproduced without approval of the Town Marshal.

5. Upon the order of the Town Marshal, the Town Marshal’s designee or a superior Officer, members shall truthfully answer all questions directed and narrowly related to the scope of employment and operations of the Department, which may be asked of them. Members will not make any false statements.

6. Members shall truthfully, completely and impartially report, testify and present evidence in all matters of an official nature.

7. Members shall not undertake financial obligations which they know or reasonably should know they will be unable to meet and shall pay all just debts when due. Financial difficulties stemming from unforeseen medical

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expenses or personal disaster shall not constitute a violation, provided that a good faith effort to settle all accounts is being taken.

8. Upon order of the Town Marshal or the Town Marshal’s designee, members shall submit to any medical or mental health examination, ballistics, chemical, polygraph, voice stress analysis, or other tests, photographs or lineups. All procedures carried out under this subsection shall be specifically directed and narrowly related to a particular internal investigation being conducted by the department, or for the purpose of determining fitness forduty, and shall be carried out in conformance with law and department procedure.

9. Members shall at all times conduct themselves in a manner, which does not discredit the law enforcement profession or the department.

F. Teamwork.

1. Law enforcement and public safety are of community-wide concern; thus department members must actively seek citizen involvement in all aspects of policing, and shall strive to cultivate effective working relationships with other governmental public and private service agencies in pursuit of mutual goals.

2. Members, within legal and agency guidelines, shall share with personnel, both within and outside their agency appropriate information that will facilitate the achievement of criminal justice goals or objectives.

3. Members, whether requested through appropriate channels or called upon individually, shall render needed assistance to any other Officers in the proper performance of their duties.

4. Members shall, within legal and agency guidelines, endeavor to communicate to the people of their community the goals and objectives of the profession, and keep them apprized of conditions which threaten the maintenance of an ordered society.

5. The police administration shall access available resources and the authority of their office to maintain the integrity of their agency and the competency of their members.

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6. Members shall treat each other with respect and promptly obey any lawful orders of a superior Officer. This will include orders relayed from a superior Officer by another Officer of the same or lesser rank. Members who are given an otherwise proper order which is in conflict with a previous order or department procedure shall respectfully inform the superior Officer issuing the order of the conflict. If the superior Officer issuing the order does not alter or retract the conflict order, the order shall stand. Under these circumstances, the responsibility for the conflict shall be upon the superior Officer.

7. Members shall not obey any order which they know or should know would require them to commit any illegal act. If in doubt as to the legality of an order, a member shall request the issuing member to clarify the order or to confer with a higher authority.

8. Department members shall not publicly criticize or ridicule the Department or Town Council, its policies or personnel by speech, writing or other expression, where such expression is defamatory, obscene (as defined by federal and Indiana law) or unlawful nor conspire with anyone outside the department to do so.

9. Members, as representatives of the department, shall not address public gatherings, appear on radio or television, prepare any articles for publication, act as correspondents to a newspaper or periodical, release of divulge investigative information or any other matters of the Department without proper authority from the Town Marshal.

10. Members shall not undertake any investigation or other official action not part of their regular duties without obtaining permission from their superior Officer, unless the exigencies of the situation require immediate police action. Under no circumstances (unless authorized by the Town Marshal) shall any member secretly tape record or videotape record any other member of the department.

G. Commitment.

1. Department members must have a vision for the future of the community and the agency, and make a firm commitment to foster goals, which will enable the department to attain that end.

2. Members, during their tour of duty, shall diligently devote their time and attention to the effective and professional performance of their responsibilities.

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3. Members shall diligently study principles and new enactments of the laws they enforce.

4. Member shall not play games, watch television or movies or otherwise engage in entertainment while on duty, except as may be required in the performance of duty, or as properly authorized by the department. They shall not engage in any activities or personal business, which would cause them to neglect or be inattentive to duty.

5. Members shall not feign illness or injury, falsely report themselves ill or injured, and intentionally cause themselves to be injured or otherwise deceive or attempt to deceive any official of the department as to the condition of their health.

6. Members shall remain awake while on duty. If unable to do so, they shall report to their superior Officer, who shall determine and order the proper course of action.

7. Members shall not leave their assigned posts during a tour of duty, except when authorized by proper authority or when dictated by the exigencies of the situation.

8. Members shall maintain the integrity of their profession through disclosure of those who violate any of these rules or conduct, violate any law or conduct themselves in a manner, which tends to discredit the profession.

H. Excellence.

1. Department members shall endeavor to meet or exceed nationally recognized law enforcement standards in every duty undertaken. Employees must pledge to establish and maintain high performance standards to ensure public confidence and trust.

2. Members shall maintain a level of performance and competence that will keep them abreast of current techniques, concepts, laws and the other requirements of the profession.

3. Members shall assume a leadership role in furthering their profession by encouraging and assisting in the education and training of other members of the department.

4. Members shall submit all necessary reports on time and in accordance with established departmental procedures. Reports submitted by members

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shall be truthful and complete, and no member shall knowingly enter or cause to be entered any inaccurate, false or improper information, wrongfully alter, conceal, destroy, mutilate, obliterate, remove or steal any report or record of the department.

5. Property or evidence, which has been discovered, gathered or received in connection with departmental responsibilities, will be processed in accordance with department procedures and consistent with best practices. 6. Members shall operate official vehicles in a careful and prudent manner, and shall obey all laws and all departmental procedures pertaining to such operation. Loss or suspension of any driver’s license shall be reported to the department immediately. The member receiving the ticket shall also report any traffic ticket issued while on or off duty immediately to the department.

7. Members shall not use or handle weapons in neither a careless nor imprudent manner. Members shall use weapons in accordance with law and departmental procedures.

I. Quality Service.

1. Department members shall strive to realize the aforementioned values in order to provide the citizens of Knightstown with the highest quality of police services possible and accomplish the department mission.

2. Members shall conduct themselves so as to set exemplary standards of performance for all law enforcement personnel.

3. Members shall not use their official position to detain any individual, or to restrict the freedom of any individual, except in the manner and means permitted or prescribed by law.

4. Members shall report for duty at the time and place required by assignment or orders and shall be physically and mentally fit to perform their duties. They shall be properly equipped and cognizant of information required for the proper performance of duty so that they may immediately assume their duties. Situations involving an apparent conflict of assignment shall be reported to a member’s supervisor as soon as possible for resolution and disposition or the conflict.

5. When any citizen asks for assistance, or makes complaints or reports either by telephone, writing or in person, all pertinent information will be obtained in an official and courteous manner and will be properly and judiciously acted upon consistent with established departmental procedures.

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6. Department maintained lockers, desks, computers, and vehicles shall be subject to supervisory inspection at any time by the Town Marshal or Captain at any time unless the item for inspection is that of the Town Marshal and in such case, the inspection shall be by a member of the Town Council Police Committee.

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DEPARTMENT ORGANIZATION Rule #3

I. PURPOSE: Define Department Organization (Definitions)

II. POLICY

III. PROCEDURE:

A. Employment Classification.

1. Town Marshal - Shall be appointed by the Town Council as the Commanding Officer in Charge of the Business of the Police Department and is accountable initially to the Town Council Police Committee and ultimately to the Town Council.

2. Captain - One Deputy Marshal shall be designated as Captain who shall, in the absence of the Town Marshal, be commanding Officer in charge and have the same powers and duties as the Town Marshal, except the power to dismiss Officers.

3. Deputy Marshal - A Deputy Marshal Officer who has been employed by the Town for more then six months after completing the basic training requirements adopted by the Law Enforcement Training Board under Indiana Code 5-2-1-9 shall be considered a Deputy Marshal.

4. Probationary Deputy Marshal - A Deputy Marshal who has not been employed by the Town for more then six months after completing the basic training requirements adopted by the Law Enforcement Training Board under Indiana Code 5-2-1-9 shall be considered a Probationary Deputy Marshal for a period of one year with a rank below that of Deputy Marshal.

5. Dispatcher – Dispatcher who has completed all required training and set forth by the Town Council and Town Marshal in addition to Henry County 911 training and NIMIS Course training, is considered the District Supervisor. All other dispatchers are under the Town Marshal’s and Shift Supervisor’s direct control.

6. Reserve Officer- A voluntary Deputy Marshal who shall have the minimal training to work for the Knightstown Police Department, BUT shall receive no compensation.

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7. Volunteer – One who provides services to the department, at no charge, other than a Reserve Officer.

B. Town Marshal.

1. Appointment and Compensation: The Town Council shall appoint the Town Marshal and fix his compensation pursuant to Ordinance and Indiana Code 36-5-7-2.

2. Statutory Powers: The Town Marshal has the power of other law enforcement Officers in executing the orders of the Town Council and enforcing laws. (Indiana Code 36-5-7-4).

3. Statutory Duties: The Town Marshal pursuant to Indiana Code 36-5-7-4:

a. Shall serve all process directed to him by the Town Council.

b. Shall arrest without process all persons who commit an offense within his view, take them before a court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated.

c. Shall suppress breaches of the peace.

d. May, if necessary, call the power of the Town Council to his aid.

e. May execute search warrants and arrest warrants.

f. May pursue and jail a person who commits an offense.

4. Powers and Duties Established by the Town Council: In executing his statutory duties, the Town Marshal shall have the following powers and Duties:

a. Be designated as “Town Marshal”.

b. Accountable to the Town Council: The Town Marshal shall follow all lawful directives, policies, and orders of the Town Council and report directly and be responsible initially to the Town Council Police Committee and ultimately to the Town Council. The Town Marshal shall be subject to and shall at all times enforce the ordinances of the Town and the policies and procedures adopted by the Town Council, as well as the laws of the State of Indiana and the United States. He

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shall submit to the Town Council such reports and budgets as may be requested by it from time to time.

c. Department Head: Administers the police functions of the Town through the department members by his issuance of orders and instruction to department members as are necessary for the proper operation of the department and maintenance of the public order, and it shall be the duty of all department members to strictly obey any such orders or instructions.

d. Disciplinary Powers: The Town Marshal shall have the power to discipline any department member at any time for violations of departmental policies or procedures, Town ordinances or State or Federal law, except that only the Town Council may terminate a department member. Any such termination or dismissal, however, shall be subject to the provisions of Indiana Code 36-8, if applicable.

e. Delegation of Duties: The Town Marshal may call upon members of the department to assist in his duties and may delegate certain duties to individual members.

f. Custodian: The Town Marshal shall keep and maintain records of all vehicles, equipment, and the facilities of the department, all official records of the police and dispatch departments including all criminal records, criminal investigations or any other documents generated, and shall maintain a duplicate personnel file with the original to be kept in the office of the Town Clerk-Treasurer.

g. General Orders: The Town Marshal may issue and all department members shall follow such special and general orders as are not contrary to the policies of the Town Council. All general orders shall be displayed in a prominent location within the Town Marshal’s headquarters for all of Deputy Marshals/Dispatchers and members to observe and read, and a copy shall be provided to all members of the Town Council.

h. General Order: is a written order by the Town Marshal to the entire department which establishes a policy or procedure concerning a given subject, and which is effective until revoked by a subsequent order.

i. Order: An order is a written or electronically order issued by the Town Marshal to the entire department which establishes a temporary policy or procedure concerning a given subject for a stated period of time.

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When the effective period of the special order is not stated, it shall become inoperative with the passing of the incident from which it arises.

5. Compensation: Bond, Compensation, and Term of Services - The Town Council shall fix the amount of bond required by state law, compensation and terms of service, by ordinance, of the Town Marshal, Captain and all department members.

C. Deputy Marshal.

1. With Town Council approval, the Town Marshal may appoint a Captain who shall be second in command with duties as set forth herein.

2. Powers and Duties: Statutory Powers and Liabilities – Deputy Marshals have the powers and liabilities of the Town Marshal in executing the orders of the Town Council or enforcing laws. Indiana Code 35-5-7-6(a).

3. Compensation: Bond, Compensation, and Term of Services - The Town Council shall fix the amount of bond required by state law, compensation and terms of service, by ordinance, of the Town Marshal, Captain and all department members.

4. Description of Duties: The duties of a Deputy Marshal include the following:

a. Knowledge of Laws and Regulations: He or she shall thoroughly familiarize himself or herself with the Knightstown Town Marshal’s Department Standard Operating Procedure Manual, all departmental polices and procedures and all revisions thereof, as well as all federal, state, and local laws and ordinances which are necessary for effectuating the public peace and welfare, which shall be provided to him or her by the Town Marshal. He or she shall sign a receipt for his or her copy of the Knightstown Town Marshal’s Department Standard Operating Procedure Manual and shall be responsible for its contents. He or she shall return his/her copy upon termination of his or her employment. Should any question arise as to the interpretation of the Knightstown Town Marshal’s Department Standard Operating Procedure Manual, or any Federal or State Law, department members should consult with the Town Marshal, who may consult with the Town Attorney if necessary. A copy of the Knightstown Town Marshal’s Department Standard Operating Procedure Manual shall be kept at all times at the department headquarters. Should questions arise as to the interpretation of any ordinance or regulation of the Town, department members, through the Town Marshal, shall consult

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with the Town Attorney if necessary. All members of the department shall abide by the opinion of such authorities.

b. Familiarity with Patrol: The member shall familiarize himself or herself with assigned patrol areas by knowing the location of public telephones, places of importance, and areas in frequent need of services within the district and shall patrol the areas in and around the Town as frequent as possible.

c. Patrol Duties: Deputy Marshals and Probationary Deputy Marshals shall patrol and police the Town in their assigned patrols for the purpose of preventing crime, protecting life and property, apprehending law violators, investigating all automobile accidents as required by statute, investigation of all potential criminal activity, and investigating suspicious persons, in addition to any and all duties assigned by the Town Marshal, Captain, or Town Council. Deputy Marshals shall at no time patrol any district other than that assigned to him/her unless otherwise ordered to do so. A Deputy Marshal shall visit public places in his district especially where crowds gather, for the purpose of enforcing all laws or ordinances.

d. Arrest Out of Uniform: Deputy Marshals not in uniform shall not arrest traffic violators on sight except when the violation is especially flagrant or involves an accident while under the influence of liquor or narcotics and follow all state statutes pertaining thereto.

e. Radio Contact: Each member of the department assigned to motor patrol shall make regular contact with the radio dispatcher, giving the Officer’s unit number, car number, location and any other appropriate or requested information. He or she shall answer all time checks while on duty. During temporary absences from the patrol vehicle, he or she shall notify the dispatcher of their location, and method of contact (portable, cellular etc.). When stopping any vehicle or during emergencies, the Officer shall notify the dispatcher of the Officer’s location, make, model, color and license plate number of the vehicle in question. The Officer will provide any other information which the Officer believes pertinent to the dispatcher for Officer safety.

f. Civil Disturbances: Deputy Marshals shall not render assistance in a civil case, except to prevent an immediate breach of the peace or to quell a disturbance actually commenced; shall not serve civil process (except process signed by the Judge in civil cases pending in a local court), and shall not testify in civil cases unless legally summoned

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(except when requested by the Town Attorney in cases involving the Town).

g. Activities Outside Town While on Duty: All Deputy Marshals shall patrol and engage in police activities outside' of the corporate limits of the town in an effort to serve and protect the public and assist in all emergencies involving other law enforcement agencies for Officer safety or public safety. When a Deputy Marshal leaves the Town Limits to assist other law enforcement agencies the Deputy Marshal whether requested, or dispatched shall return to the Town Limits as soon as possible, making sure that the dispatcher radio logs an Agency Assist call for service.

h. Reports: Town Marshal, Captain, and all Deputy Marshals and Reserves, regardless or rank or assignment, shall keep a daily log of activities for the time they are on duty. In addition to said daily logs, reports shall be made on all activity, investigations, complaints, and arrests which occur during an Officer's shift. All reports/daily logs on file can be periodically reviewed by the Town Council Members and/or members of the Police Committee when deemed appropriate.

i. Duty Status: All members of the Knightstown Town Marshal’s Department are held to be always on duty for purposes of being subject to the Code of Conduct set forth above, although they may be periodically relieved of their routine performance and considered off duty but always on call and subject to the orders from superior officers.

j. Schedule: The Town Marshal or Captain may prepare and post the Officer weekly work schedule in a visible place in the department. Each Officer is responsible for checking the schedule posted in its designated area to determine when the Officer is schedule to be on duty. If any changes are made to the schedule it is the responsibility of Town Marshal or Captain to properly notify the Officers affected by the change within a timely manner unless an emergency change has been made then the Officer (s) will be notified as soon as possible.

k. Reporting for duty: Each Officer shall report for duty promptly unless excused by the Town Marshal or Captain, or unless sickness, injury or other circumstances beyond the Officer's control prevent prompt reporting.

l. Address on Leave: All Officers out of Town or State, while on leave or vacation shall inform the Town Marshal or Captain of his out of Town

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or State address and phone number (besides department issued cell phone) prior to leaving Town.

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USE OF DEPARTMENTAL VEHICLES Rule #4

I. PURPOSE: To establish guidelines regarding the use and operation of departmental police vehicles assigned to sworn members of the department.

II. POLICY: All members shall operate departmental vehicles with due regard for the safety of all persons. Department vehicles may be assigned to members of the department in order to meet the goals and objectives of the department. Vehicle assignment to a member is at the discretion of the Town Marshal, unless directed otherwise by the Town Council. Vehicles assigned as take home cars are authorized to operate under this policy and all appropriate state laws. In all instances, an Officer shall reside (permanent or temporary residence) within the physical boundaries of Henry County to be eligible to take a commission home. The use and operation of all departmental vehicles shall be at the discretion of the Town Marshal. Availability, mobility, and crime prevention are the main objectives of the take home car program. This policy applies to the operation of all Knightstown Town Marshal Department vehicles. Probationary Officers may be assigned a commission but will not use it as a take home vehicle until completing his/her probationary year.

III. PROCEDURE:

A. Definitions.

For the purposes of this policy and subsequent reports, the following shall apply to distinguish the difference between motor vehicle crashes and damage to police vehicles:

Motor vehicle crash: Any incident involving a departmental vehicle and other object or person wherein either the departmental vehicle or other object or person sustains unintentional damage or injury.

Accidental damage to police vehicles: Any incident occurring on public/private property involving a departmental vehicle or other object or persons wherein either the departmental vehicle or other object or persons sustain accidental damage or injury.

Intentional damage to police vehicles: Any incident occurring on a public thoroughfare or private property involving a departmental vehicle and other object or person where the departmental vehicle sustains intentional damage.

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B. Vehicle operation.

1. All personnel operating departmental vehicles shall wear the safety belt properly fastened.

2. Officers shall carry an approved handgun any time the vehicle is operated on or off duty. All firearms shall be secured in a safe location when the vehicle is not in operation or any time the vehicle is being repaired or serviced.

3. No Officer of the department shall allow, at any time, an unauthorized person to operate a departmental vehicle or allow an unauthorized person to possess the keys of a departmental vehicle.

4. Police Vehicle Passengers: Reserves and any Officer from another agencyincluding members of the Town Council may be passengers in a police vehicle while on duty or official Town business. Family members, friends are not authorized to be passengers. Persons in training and special Town Council approved persons are allowed to be passengers. All passengers, other than detainees, must execute an Assumption of Risk Form prior to being a passenger. Forms will be maintained in the records of the Town Marshal.

Persons authorized to operate departmental vehicles:

a. Knightstown Police Department Sworn Member.

b. Knightstown Police Department Reserve Member.

c. Civilian employees of the department or anyone contracted to service the vehicle.

5. All members of the department who operate a departmental vehicle shall be deemed to have consented to such alcohol and controlled substance testing as required by state law and these rules and regulations apply whether on duty or off duty.

6. No member of the department shall operate or cause to be operated a departmental vehicle, whether on duty or off duty, while under the influence of an intoxicating beverage. There shall be a zero tolerance policy.

7. No member of the department shall operate or cause to be operated a departmental vehicle, whether on duty or off duty, while under the influence of controlled substances.

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8. Members shall consider road, traffic, and weather conditions at all times while operating a departmental vehicle.

9. Officers, whether on duty or off duty, shall exercise good judgment and usecaution, regardless of the nature of the run, for the protection of life and property.

10. Radio Contact: Each Officer of the Department assigned to motor patrol shall make regular contact with the radio dispatcher, giving the Officer’s unit number, car number, location and any other appropriate or requested information. He or she shall answer all time checks while on duty. During temporary absences from the patrol vehicle, he or she shall notify the dispatcher of their location, and method of contact (portable, cellular etc.). When stopping any vehicle or during emergencies, the Officer shall notify the dispatcher of the Officers location, make, model, color and license plate number of the vehicle in question. The Officer will provide any other information which the Officer believes pertinent to the dispatcher for Officer safety.

11. The cleanliness of department vehicles reflects upon professionalism of the individual Officer and the department, therefore, dirty vehicles will not be acceptable. Officers shall keep their assigned vehicle clean (weather permitting) and are subject to an inspection by their supervisor. Departmental vehicles may be swept out on duty time when approved by the supervisor.

12. Officers shall stop and render aid to any person that may need assistance. The following are examples but the policy is not limited to:

a. Disabled vehicles.

b. Person walking along roadway.

c. Vehicle crashes.

d. Vehicle lock-outs if an emergency.

e. Lawful traffic stops.

13. Fuel may be obtained by issued departmental credit card. Credit cards are assigned to a specific vehicle. Officers shall use only that card for that commission. Officers shall use their individually assigned PIN number when using another commission and card for that commission. Fuel usage will be monitored and any excess or misuse of fuel as deemed by the Town Marshal

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or Captain could result in a restricted use of the departmental vehicle.

14. Members routinely exiting and leaving their vehicle unattended shall lock all doors.

15. Members shall be responsible for the conduct and appearance of all authorized.

16. An Officer may exercise De Minimis use of their department vehicle for reasonable and limited personal transportation other than set forth below for take-home vehicles. De Minimis means so insignificant that it does not give rise to a level of sufficient importance to be dealt with judicially.

17. At the discretion of the Town Marshal and the convenience of the department, an Officer may be given permission to drive an assigned commission to and from part-time employment within the town limits of Knightstown. Department vehicles shall not be used in the performance of part-time employment activities anytime or anyplace. Any additional clarification requested, or a requested variance to this provision shall be in writing to the Town Marshal and shall be responded to in writing by the same in a timely manner.

18. Activities Outside Town While on Duty: Officers shall patrol and engage in police activities outside the Town limits to (a) serve and protect the general public pursuant to applicable statutes and/or General Orders, and (b) when needed in emergency situations, to assist other law enforcement agencies/officers to protect the public and/or ensure the safety of other officers.

Any officer responding to an agency assist call shall return to Town as soon as practical and notify the dispatcher of his/her return to normal duty. In agency assist situations, officers shall, at all times, conduct themselves in a manner consistent with the dictates of common sense.

C. Use of clearly marked take-home vehicle.

1. A clearly marked police vehicle is defined as: A vehicle owned or leased by the Town of Knightstown government, or agency thereof, being clearly marked through words or insignia making it readily apparent that the vehicle is a police vehicle (special license plates or emergency lights only are not enough).

2. An Officer when driving a clearly marked police vehicle as defined above

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shall:

a. Be armed at all times with an approved handgun.

b. Be on call and available to respond to emergency situations at all times when requested by a dispatcher or by the on duty supervisor.

c. Be on call and available to render aid to anyone that may request his/her assistance whether on duty or off duty.

d. Must have the two-way radio on at all times and be able to hear all transmissions.

3. Departmental vehicles shall only be operated within Henry County, Indiana and counties adjoining Henry County with the following exceptions:

a. While on official police business.

b. While attending pre-approved schools.

c. Scheduled maintenance or repair work.

d. With prior written approval of the Town Marshal orCaptain.

D. Use of unmarked take-home vehicle.

1. An unmarked law enforcement vehicle is defined as: A vehicle owned or leased by the Town of Knightstown, not being clearly marked by words or insignia.

2. An Officer when driving an unmarked police vehicle as defined above shall:

a. Be armed at all times with an approved handgun (except when it is not possible to do so because of the requirements of undercover work).

b. Be on call and able to respond to emergency situations at all times when requested by dispatch or the on duty supervisor.

c. Must have the two-way radio on at all times and be able to hear all transmissions (except when it is not possible to do so because of the requirements of undercover work).

3. Departmental vehicles shall only be operated within Henry County, Indiana

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and counties adjoining Henry County with the following exceptions:

a. While on official police business.

b. While attending pre-approved schools.

c. Scheduled maintenance or repair work.

d. With prior written approval of the Town Marshal or Captain.

E. Care of Departmental Vehicle.

1. Maintenance.

a. Officers shall not operate any vehicle that they believe to be unsafe or with equipment severely in need of repair.

b. Maintenance and repair items shall be immediately reported to the Town Marshal or Captain. The Town Marshal or Captain may take a car out of service if deemed necessary.

c. Officers shall inspect their vehicles before operation to ensure the vehicle is safe for duty. Inspections can include, but are not limited to, the tires, brakes, lights, emergency equipment, and in-car video system. Equipment which is missing, broken, or damaged, shall immediately be reported to the on duty shift commander who shall cause repairs to be made or take it out of service until arrangements can be made with administration.

d. If a departmental vehicle breaks down, the vehicle shall only be towed by an approved towing service. The on duty shift commander may make exceptions to this policy based on special circumstances or need.

e. Damaged vehicles shall be taken to the appropriate body shop(s) for an estimate of damage as soon as possible at the direction of the Town Marshal.

f. Damaged vehicles (not operable) shall be towed to a location designated by the Town Marshal or Captain. Firearms and other equipment shall be removed and secured at the department.

g. The Town Marshal shall approve all vehicle equipment

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and accessories and the Town Marshal shall approve any equipment installation or modification of the commission.

F. Reporting vehicle crashes or damage.

1. In the event of a property damage crash involving a departmental vehicle, the Officer, no matter how minor the damage, shall notify the police agency having jurisdiction of the crash location. A crash report shall be made and pictures taken of the crash. The Town Marshal, on duty Shift Commander, and the Knightstown Town Marshal’s Department dispatcher should be notified as soon as practical.

2. In the event of a personal injury or fatal crash involving a departmental vehicle, the Officer, no matter how minor the damage, shall notify the police agency having jurisdiction over the crash location. A crash report shall be made and pictures taken of the crash. The Town Marshal, the on duty Shift Commander, the department Crash Investigator, and the department dispatcher should be notified.

3. In the event of intentional damage or vandalism involving a departmental vehicle, the Officer, no matter how minor the damage, shall notify the police agency having jurisdiction over the damage location. An incident/case report shall be made and pictures taken of the damage. The Town Marshal, the on duty Shift Commander, and the department dispatcher should be notified as soon as practical.

4. Motor vehicle accidents involving any vehicle(s) owned or leased by the Town shall be treated as any other motor vehicle accident within the Department’s jurisdiction relative to dispatching appropriate units/personnel to the accident scene.

G. Effect of Leave on Departmental Vehicles.

1. Officers assigned a departmental take home vehicle and who are on limited duty, in an inactive duty status due to medical leave, injured on duty leave, or disciplinary leave, may be required to park and secure their vehicle at the department at the Town Marshal’s discretion.

2. Officers assigned a departmental vehicle, who tender their resignation or are terminated from employment with the department, shall be required to park the vehicle at the department upon completion of the Officer’s last active duty day, or as otherwise directed by the Town Marshal.

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H. “Pool” Car Use.

1. Officers who use “Pool” or shared vehicles are responsible for the following prior to the end of their tour of duty.

a. Vehicle shall be filled with gas.

b. Officers shall clean all ashtrays, remove all litter and trash, and make sure the vehicle is clean and ready for the next Officer.

c. Officers shall search the vehicle for possible contraband or illegal items that may have been missed when transporting. Officer locating such items shall handle such an incident by immediately notifying The Town Marshal. d. Officers shall replace all consumed supplies (i.e. flares, first aid, fire extinguisher, oil or other fluids, and other items) that, if not replaced, would hamper the next Officer coming on duty.

e. Exterior cleaning (if car wash is needed).

f. Weapons and other equipment maintained and secured.

g. Personal items should be removed after the end of duty shift.

h. Officers shall sign out and sign in the keys.

I. Pursuit Driving.

1. Purpose. The purpose of this provision is to establish department policy regarding police pursuit driving by members of this department and to provide tactics and considerations when members are involved in a pursuit.

2. “Pursuit” means an attempt by an on duty Officer in an authorized emergency vehicle to apprehend one or more occupants of another moving vehicle when the driver of the fleeing vehicle is attempting to avoid apprehension by maintaining or increasing his speed or by ignoring the police Officer's attempt to stop the vehicle. "Pursuit" also includes the catching up to or closing of the distance between a police vehicle and a law violator who is not yet aware of the police action.

3. General Policy.

a. Pursuits at high speeds are permitted when an Officer knows or has

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reasonable grounds to believe the person being pursued has committed or attempted to commit a serious felony. A serious felony is one that involves an actual or threatened attack which the Officer has reasonable cause to believe could result in death or serious bodily injury. The decision to initiate a pursuit must be based on the pursuing Officer’s conclusion that the immediate danger to the public created by a pursuit is less than the immediate or potential danger to the public should the suspect remain at large. (1) Felony or misdemeanor that would normally require a full

custody arrest.

(2) Suspect operating a vehicle refuses to stop at the direction of the Officer.

(3) The suspect, allowed to flee, would present a danger to human life or cause serious injury.

b. Pursuits are also permitted to apprehend the operator of a motor vehicle which is involved in a traffic violation or other misdemeanors or felonies that do not involve an actual or threatened attack which may result in death or serious bodily injury.

c. No Officer at any time, shall operate a mobile police unit at such a rate of speed or manner that may cause him/her to lose control over the operation and/or direction of the vehicle. Even though an Officer is legally engaged in a pursuit, he/she is not relieved of his/her duty to drive with “due regard” for the safety of all persons, nor is he/she protected from the consequences of any reckless disregard for the safety of others. He/She must exercise that degree of care which a reasonably prudent person in the discharge of similar duties and under like circumstances would use. It is understood that the Officer's ability to supervise or control other motorists by the nature of existing circumstances is limited, but it is clearly his/her duty to avoid contributing to the danger already created by the violating motorist.

d. Only when responding to an emergency situation or when properly operating a department vehicle under pursuit conditions, may a Deputy Marshal disregard an automatic traffic control signal or stop sign. In both instances, the Deputy Marshal must approach the intersection with caution and be prepared to stop. The Deputy Marshal may proceed only when it is safe by clearing the intersection lane by lane.

e. Department vehicles approaching an automatic control signal or intersecting street controlled by a stop sign must be prepared to take

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evasive and break if necessary. The operator must proceed with caution and only when it is safe to do so.

4. Considerations.

a. The paramount consideration in the nature of police pursuit tactics that are employed as well as the decision to pursue is “reasonableness”. Each pursuit will ultimately be judged and possibly litigated on the basis of the department's and the Officer's actions being not only within its legal authority but with regard to its “reasonableness” in light of:

(1) The seriousness of the offense for which the suspect was wanted initially.

(2) The Officer's judgment with regard to the consideration contained herein and his decision to continue the pursuit.

(3) The tactics which were employed by the Officer in the course of the pursuit.

(4) The outcome. Ultimately high speed pursuits which result in the serious injury or death, especially to an otherwise innocent third party, will be closely examined at a number of levels within our system of justice, and the question of our responsibility for the protection of life and property raised in relation to the outcome of the pursuit.

b. Each Officer must overcome any perception or action predicated on a level of "personal challenge" and rationally and analytically evaluate the situation, as it develops, to provide that the risks and possible outcome is reasonable in relation to the seriousness of the offense for which the suspect is wanted.

c. The initiation and continuation of a high-speed pursuit shall involve consideration of the following factors. It shall be recognized that such pursuits represent a f1uid, tactical situation during which conditions are rapidly changing and the decision to continue the pursuit, once initiated, shall involve an ongoing rational evaluation of the following:

(1) Vehicular and pedestrian traffic.

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(2) Location of pursuit, i.e., residential, business, highway, freeway.

(3) Time of day or night.

(4) Weather and road conditions.

(5) Reasons for pursuits.

(6) Speeds involved.

(7) Vehicle and driver capability.

d. An Officer operating a department vehicle under emergency conditions will cease emergency operation once notification is made that sufficient assistance is on the way.

e. Subject to Officer discretion, a silent run constitutes the operation of a department vehicle utilizing emergency lights but no audible signal (siren). A silent run is authorized for the following:

(1) Robberies in progress, burglaries in progress, situations where the Officer determines through his training, experience and judgment that a silent run is required. When on a silent run the Officer must use due regard.

5. Procedure.

a. Primary Unit Responsibility.

(1) The primary unit shall immediately notify the dispatcher that a pursuit is underway.

(2) The primary unit shall assume responsibility for the pursuit and shall update information as to pursuit factors and changes therein until a back-up unit becomes involved.

(3) Until a back-up unit becomes involved, the primary unit shall have radio channel priority and shall provide the dispatcher with the unit identification, location, speed, and direction of travel of the fleeing vehicle as well as a description of the vehicle and the license plate number if known. Until a back-up unit becomes involved, the primary unit shall also advise the dispatcher of the number of occupants of the fleeing vehicle

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and their descriptions where possible as well as the reason(s) supporting the primary unit’s decision to pursue.

(4) The primary unit shall constantly evaluate pursuit factors, changes therein and risks and communicate the same by radio to the dispatcher.

(5) The primary unit's decision to discontinue the pursuit shall be immediately communicated and obeyed by all other units; provided however, that the shift commander or ranking public safety supervisor may order the pursuit discontinued at any time.

b. Back-up unit responsibility.

(1) The back-up unit shall maintain a safe distance behind the primary unit, taking care to maintain a safe distance for evasive action but maintaining visual contact.

(2) The back-up unit shall not pass the primary unit unless instructed to pass and assume the primary unit role by the primary unit.

(3) In the event that the primary unit experiences mechanical problems or is otherwise unable to continue, the back-up unit shall become the primary unit and another nearby unit shall be assigned to assume back-up responsibilities.

(4) The back-up unit shall immediately comply with an order to discontinue the pursuit.

(5) Once the back-up unit is engaged, it shall assume responsibility for the pursuit and shall update information as to pursuit factors and changes therein.

(6) Once the back-up unit is engaged, the back-up unit shall have radio channel priority and shall provide the dispatcher with the unit identification, location, speed, and direction of travel of the fleeing vehicle, as well as a description of the vehicle and the license plate number, if known. Once the back-up unit is engaged, it should also advise the dispatcher of the number of occupants of the fleeing vehicle and their descriptions where possible, as well as the reason(s) supporting the primary unit’s decision to pursue.

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c. Dispatcher Responsibility.

(1) Designate or acknowledge the primary unit.

(2) Receive and record all incoming information on the pursuit and pursuit vehicle.

(3) Identify, assign and designate a back-up unit.

(4) Broadcast to all other stations and vehicles sharing the radio frequency that we have a "PURSUIT IN PROGRESS" and request that the channel be kept clear for emergency traffic only. Control and coordinate any changes of frequency and all radio traffic.

(5) Alert other law enforcement departments in the apparent path of the pursuit and coordinate communications.

(6) Immediately notify the Town Marshal and/or the Captain of the pursuit and of such information as is available.

(7) Obtain registration and warranty information of the pursued vehicle in addition to criminal record and vehicle checks of the suspect(s) and transmit said information to the field units including the primary unit and any and all back up units.

(8) Relay and repeat confirmation of compliance from each unit involved, and order to discontinue the pursuit.

d. Supervisor’s Responsibility.

(1) The Town Marshal or Captain shall thoughtfully monitor the pursuit, evaluating the risks in view of all known factors.

(2) The Town Marshal or Captain shall order termination of the pursuit if/when the Town Marshal’s or Captain’s judgment dictates that the necessity for apprehension is outweighed by the level of risk being assumed or danger created by continuation of the pursuit.

e. Discontinuance of Pursuit.

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(1) It shall be recognized that discontinuance of a vehicular pursuit may represent, in fact, the best judgment and most professional course of action and does not signify a lack of courage or perseverance.

(2) Deputy Marshals shall discontinue a pursuit for the following reasons:

(a) Whenever they reasonably believe that the risk to themselves and others outweighs the benefit of apprehension or when ordered to discontinue the pursuit by a superior.

(b) Whether traffic conditions substantially increase the danger of pursuit beyond the worth of apprehending the suspect(s).

(c) The distance between the pursuit and fleeing vehicles is so great that further pursuit is futile.

(d) When the offender's identity is known and the offense is not life threatening.

(e) When information is available that the driver of the fleeing vehicle is a juvenile and the offense constitutes a misdemeanor or not a serious felony as described in Section 3(a).

(f) Pursuit of vehicles that leave the roadway and enter parks, fields, etc. shall be discontinued immediately. Vehicles included are: motorcycles, snowmobiles, ATV, dune buggies and all other off-road vehicles. Department four-wheel drive vehicles are included in this prohibition.

(g) Vehicles conveying witnesses, citizens, prisoners, or suspects shall not become engaged in any pursuit situation.

6. Tactics.

It is the policy of this department to protect life and property and engage in all activity, including high speed pursuit, with that fundamental duty in mind.

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a. The tactics of intentional collisions, forcing vehicles off the roadway, or blocking of the roadway with any vehicle, barrier, or object shall not be utilized except in the following limited circumstances:

(1) The fleeing suspect(s) is endangering the life of a citizen or pursuing Officer by use of a firearm or other lethal force.

(2) Direct approval for this exception must be authorized by the Town Marshal or Captain.

(3) In the event that a “roadblock” is implemented.

(a) Vehicles will be positioned with due concern to the safety of innocent persons.

(b) Overhead lights shall be on.

(c) Vehicle(s) shall not be occupied by Officers.

(d) Caravanning of department vehicles in a pursuit situation is prohibited. Units not designated as primary or back-up units shall remain in assigned areas unless otherwise directed.

(e) As a general policy, Officers should not pull alongside of or attempt to overtake or pass a fleeing suspect.

(f) There shall be no paralleling of the pursuit route. (g) Pursued vehicle must have an exit in a road block.

7. Pursuit Initiated by Outside Agency.

When a pursuit initiated by an outside police agency enters our jurisdiction, the initiating unit and jurisdiction remain responsible for the progress and conduct of the pursuit. Personnel and vehicles shall become actively involved in any such pursuit only when requested to assist by theinitiating agency. This S.O.P. shall govern the conduct of this agency's personnel and actions once committed.

ONCE THE PURSUED VEHICLE LEAVES THE JURISDICTION OF THE KNIGHTSTOWN TOWN MARSHAL’S DEPARTMENT, ALL

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DEPARTMENT UNITS WILL ABANDON THE CHASE, UNLESS THEY HAVE ASSUMED THE PRIMARY UNIT OR BACK-UP UNIT RESPONSIBILITY.

8. Officers Assigned to Other Agencies.

Officers of this department assigned to other law enforcement agencies will be guided by this policy.

a. All Officers involved in vehicular pursuits may be held criminally, civilly and departmentally accountable for continuing a pursuit when circumstances indicate that it should have been discontinued. Officers will neither be criticized nor disciplined when their decision is to terminate rather than continue a pursuit.

9. Application.

a. This order constitutes department policy and is not intended to enlarge the member's civil or criminal liability in any way. It shall not be construed as the creation of a higher legal standard of safety or care in an evidentiary sense with respect to third party claims insofar as the member's legal duty is imposed by law.

b. Pursuits originating in our jurisdiction by an Officer of this department shall be terminated when the pursuit continues beyond our jurisdiction, except in those cases where the crime is a serious felony.

J. Disciplinary Action.

1. Any Officer assigned a departmental vehicle that abuses any of the above procedures will be disciplined for the abuse. Each incident will be reviewed separately and the discipline will be based upon the severity of the abuse. Continued abuse could result in the loss of use of a take-home vehicle. The Town Marshal will determine the severity of the abuse and decide what discipline should be given based upon the facts of the incident.

K. Reporting for duty: Each Officer shall report for duty promptly with his/her department vehicle ready for operation unless excused by the Town Marshal or Captain, or unless sickness, injury or other circumstances beyond the Officer's control prevent prompt reporting.

L. Seat Belt Policy: This seat belt policy is established in accordance with Indiana Code 9-8-14 to set an example as law enforcement personnel. To assure the safety of all

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persons, seat belts shall be worn by drivers and passengers in all vehicles owned, leased or rented by the department at all times. This also applies to the operation of privately owned or other vehicles if used for any Town purpose.

1. Procedure.

a. In addition to the procedure set forth above, the Town Marshal and/or the Captain will be responsible for monitoring all Deputy Marshals on their shifts to ensure that this seat belt policy is strictly followed.

b. The driver of the vehicle is responsible for ensuring compliance with this policy by all occupants of the vehicle while the vehicle is being operated.

c. Approved child safety restraints shall be used for children of all age, size or weight for which restraints are prescribed by law when occupying a vehicle covered by this policy.

d. No person shall operate a department vehicle in which any seat belt for the driver or any passenger is inoperable and no person shall be transported in the seated position within a vehicle covered by this policy in which the seat belt is inoperable.

e. No person shall modify, move, deactivate or otherwise tamper with vehicle seat belts except for vehicle maintenance and repair and not without the express authorization of the Town Marshal.

f. Any member of the department who discovers an inoperable restraint system shall report the defect to the Town Marshal or Captain. Prompt action will be taken to replace or repair the system.

g. Any person(s) under arrest and being transported in department vehicles are required to be secured in the vehicle by a seat belt in all seating positions for which seat belts are provided by the vehicle manufacturer. Caution, prisoners that are handcuffed in front have the ability to release the handcuffs using the safety restraints latch plate.

h. An Officer operating in an undercover capacity may be exempt only if the Officer believes the use of the safety belt will compromise his/her identity.

i. When arriving at an emergency call or making a vehicle traffic stop,

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the Officer may remove the seat restraint just prior to stopping for quick exit. Caution should be exercised to insure that the during the traffic stop the violator is in fact going to stop.

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DISPATCHER Rule # 5

I. PURPOSE: To establish guidelines for the dress and actions of Dispatcher

II. PROCEDURE:

A. Dispatcher:

1. A dispatcher is a “Town employee” working as a member of the Knightstown Town Marshal’s Department. He or she is subjected to the same procedures as Town employees.

a. Appointment: The dispatcher shall be held responsible to the dispatch Supervisor, Town Marshal and the Town Council.

b. Duties: A dispatcher’s duties shall include the prompt, accurate and courteous handling of messages and/or all radio traffic in a professional manner so as to be of utmost assistance to any law enforcement Officer, fireman, EMT, citizen or other personnel of any requesting agency. All long distance telephone calls are to properly logged in. A dispatcher must know the capabilities and limitations of the communications systems that he/she is authorized to operate and with the applicable rules and regulations of the Federal Communication Commission. The dispatcher shall, when asked from time to time by the Town Marshal or Captain, provide clerical assistance to members of the department. The dispatcher shall perform other duties as asked by members of the Knightstown Town Marshal’s Department. The dispatcher shall have additional duties as delineated in the Standard Operating Procedures Rule #4 regarding pursuit driving.

c. Dispatch Procedure for NO Contact: If an Officer does not report back to the dispatcher within three minutes following the initial stop report, the dispatcher shall contact the Officer to determine the Officer's status. If no contact is made the dispatcher will radio other surrounding Law Enforcement Agencies with the nature of the incident, location, make, model, color and license plate information of the vehicle in question for Officer safety and assistance.

d. Discipline: Dispatchers are subject to the disciplinary procedures as contained herein and those contained within the Knightstown Personnel Policy. If any provisions of said policies conflict, the

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Knightstown Personnel Policy shall control.

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INTERNAL STANDARD OPERATING Rule #6

I. PURPOSE: To establish guidelines for internal operating procedure regarding hiring, training, promotion, demotion and related activities.

II. POLICY:

A. Personnel Hiring.

1. Equal Employment Opportunity: It shall be the policy of the department to comply with all State and Federal Laws in providing equal opportunity in all phases of employment practices without regard to race, religion, color, national origin, age, or sex. Further, the department will not discriminate against any individual because of physical or mental disability in regard to any position for which the individual is otherwise qualified. In addition, please refer to the Town Personnel Policy.

2. Minimum Qualification: Minimum qualifications for appointment to the department shall include, without limitation, the following:

a. U.S. Citizen.

b. No felony conviction in any court without the same having been reversed by a court of appeals.

c. Authenticated birth certificate accompanying application.

d. High school graduation or GED equivalent.

e. Good moral character.

f. Provision of all information requested on application obtained from the Knightstown Town Marshal’s department.

g. Not have been convicted of the offense of domestic battery.

3. Residency: The following residency requirements shall pertain to all members of the department regardless of appointment, unless otherwise approved by the Town Marshal and the Town Council.

a. Each member of the department shall reside within a 10 mile radius from the Town boundaries. (Full time employees only) unless

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otherwise approved by the Town Marshal and the Town Council.

b. Each member shall have a private line telephone service in his or her place of residence unless provided with a department cellular communication device.

c. Any member of the department, who does not meet the residency requirements when hired, must meet such requirements as quickly as possible. Any member not meeting these requirements within six (6) months from his/her date of hire shall be required to show just cause in writing, for such non-compliance and shall obtain from the Town Marshal and Town Council written authorization, subject to any terms and conditions deemed reasonable by the Town Council, to continue to reside outside the aforementioned radius or shall be subject to dismissal from employment.

d. All members of the department shall report in writing to the Town Marshal or Captain any change of address or telephone number within twenty four (24) hours of said change. Failure to do so shall constitute neglect of duty.

4. Application Process: Current employees of the department and/or the Town only need to submit a letter of intent. Internal promotions do not require an interview process.

a. Submission of application: an applicant shall be interviewed only after he or she has submitted a completed application form obtained from the Knightstown Town Marshal’s Department. The application form shall be screened by the Town Marshal and the Town Council Police Committee. All applications shall include but not be limited to the following:

(1) Past work history and experience.

(2) Education.

(3) Physical ability to perform the tasks required.

(4) Special qualifications and or license required.

(5) Any convictions of any felonies or any conviction for domestic battery regardless of when said convictions occurred.

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b. If the information from the application form indicates that the applicant cannot be considered further for employment, the applicant shall be promptly notified. If the information from the application form indicates that the applicant can be considered further for employment, the applicant shall be notified for an interview appointment.

c. Interview Criteria:

(1) All applications received from applicants who are not current employees of the department or the Town shall be opened and reviewed by the Town Marshal and the Town Council Police Committee.

(2) All applicants must pass a written test certified by IPMA, at least Scoring the minimal 70%.

(3) Passing applicants then must take and pass the ILEA agility test but only after fully executing the department’s Assumption of Risk Form which shall thereafter be maintained in the files of the Town Marshal and the applicant.

(4) Vertical Jump = minimum 13.5 inches, Sit-ups = 24 minimum in 1 minute.

(5) 300 meter run = minimum of 82 seconds, Push-ups = minimum of 21 non stop in 1 minute.

(6) 1.5 mile run = maximum time is 18 minutes 56 seconds.

d. References: All applicants must supply at least three (3) references.

These references may not be relatives of the applicant. References shall be consulted before a person in employed by the department. Former employers of the applicant may also be contacted by the department for recommendations and comments. If, from the information secured from either the references or former employers, it is apparent that an applicant should not be considered further for employment, the applicant shall be so notified, but neither the specific reason(s) for disqualification nor the identity of the source of any information shall be disclosed to the applicant.

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e. Security and record check: If the information obtained from the applicant's personal interview and references indicates that an applicant is qualified for employment, a security and record check shall be made through the N.C.I.C. system to determine if an applicant is clear and eligible.

f. Offer of Employment: The Town Marshal and Town Council Police Committee may make recommendation for hiring only after the 2nd interview has been conducted. The Town Council will consider the recommendations and determine if an offer of employment shall be made as well as the terms of such offer. The decision of the Town Council is final. The Town Council's decision shall be given to the successful applicant in writing.

g. Acceptance of Employment: The applicant must accept the offer of probationary employment in writing within five (5) days of receiving such offer, including signing a training reimbursement contract if requested to do so.

h. Retention of Applications: Applications and all other records of qualified applicants not offered immediate employment shall be retained by the Town Clerk-Treasurer and the Town Marshal in separate but mirror active applicant files for a period of twelve (12) months. After such holding period, a new application form must be submitted by the applicant to remain eligible for consideration of employment.

B. Probationary Employees: Probationary employees shall include probationary Town Marshals as defined above and are subject to all provisions of the Knightstown Town Marshal’s Department Standard Operating Procedure Manual.

1. All probationary employees shall receive a written performance review before the end of their respective probationary period and shall be provided a copy of the same.

2. Insurance: Refer to Town Personnel Policy.

3. Paid Work Leave: Refer to Town Personnel Policy.

4. PTO: Refer to Town Personnel Policy.

C. Mandatory Training: An Officer is expected to attend any school or training session organized or provided for the department or to attend any school training session to

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which he or she is assigned. The Officer shall be reimbursed for expenses approved by the Town Marshal and Town Council incurred in any school or training session. All Officers must start and successfully complete the mandatory training at the Indiana Law Enforcement Academy (if necessary) within their first year of their employment or be terminated.

D. Compensation/Leave: The Town Council shall adopt annually, by way of a salary ordinance, all forms of compensation for the Town Marshal, Captain, Deputy Marshals, Reserves and Dispatchers. Any and all adjustments to such salaries, wages and holidays shall be at the discretion of the Town Council. It is the intention of the Town Council to establish wages and salaries that are both fair and equitable in relation to the general job market and the revenues available.

1. Pay Periods: Per Town Personnel Policy.

2. Payroll Deductions: Per Town Personnel Policy.

3. Court Time. An Officer of the department may be required to spend time in court as a law enforcement Officer. Such court time shall be subject to the operating schedule of the courts and may include times outside of the Officer's regular duty shift. A Deputy Marshal shall receive compensatory time as determined by the Town Council for time spent in Court outside of the Deputy Marshal’s regular duty shift upon appropriate documentation including but not limited to a log of all time spent in Court outside his/her regular work shift.

4. Paid Time Off – Per Town Personnel Policy.

5. Bereavement Leave - Per Town Personnel Policy.

6. Jury Leave. Any full-time member shall receive leave to serve on a jury in any state, federal, or local court and shall be paid the difference between the member's regular pay and whatever is received for jury duty.

7. Holiday Leave – see Town personnel policy.

8. Training Leave. Training leave, as authorized by the Town Marshal and approved by the Town Council is granted for the purpose of continuing an employee's education or for improving his/her performance on the job.

a. Criteria for Approved Training. Any request for approval of training leave must meet the following criteria and the unlimited discretion of the Town Marshal and/or Town Council:

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(1) Be directly related to the member's position with the department.

(2) Be a form of training necessary for satisfactory job performance.

(3) Be required for certification for licensing for a particular position or duty.

(4) Be training from which the department will benefit. b. Compensation During Training Leave.

If training, and the cost associated therewith, is approved by the Town Marshal and Town Council, the member shall receive his/her regular compensation for the time and attendance at said approved training. Subject to approval by the Town Marshal and Town Council, authorization to use Town owned vehicles for transportation to and from such training may be approved. Any and all other expenses incurred by the member during the training session may be submitted for payment pursuant to the Town’s claim voucher procedure and is subject to approval or disapproval by the Town Council in their sole unlimited discretion.

E. Change in Employment Status.

1. Lateral Transfers. A lateral transfer occurs when a Deputy Marshal/Dispatcher, is moved out of one position and placed into another position in the department having the same minimum/maximum range or rate of pay.

a. Grounds. The Town Council reserves the sole unlimited discretion to grant or deny a lateral transfer for any member for the benefit or convenience of the department or for the convenience or benefit of the member, or both.

b. Authority to transfer. The Town Marshal shall have the authority to transfer any member, subject to the review and final determination of the Town Council.

2. Promotions. A promotion occurs when a member is moved out of the one position and placed into another position having either more authority or responsibility, or a higher maximum rate of pay. or both.

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a. Grounds. The Town Council reserves the sole unlimited discretion to promote any employee when such a promotion is considered to be in the best interests of the Department.

b. Authority to Promote. The Town Marshal shall have the authority to recommend the promotion of any member to the Town Council which may approve or disapprove said recommendation. If approved, it shall only be approved upon a motion made, seconded, and duly passed by the Town Council.

c. Trial Promotion Period. Any Deputy Marshal/Dispatcher or other department member, upon promotion to a higher rank shall serve in said rank for a temporary trial period not to exceed six (6) calendar months. During said temporary trial period the individual may be returned to his/her former rank at any time for any reason. After having completed six (6) calendar months, at the new rank, the new rank shall be deemed to be the member’s permanent new rank subject to suspension, demotion, or termination pursuant to and in compliance with Indiana Code 36-8-3 and Standard Operating Procedure Rule # 7.

3. Demotions. A demotion occurs when a member is moved out of one position to another position having a lower maximum rate of pay. A member who is demoted may or may not suffer an actual pay reduction. For further clarification, see Standard Operating Procedure Rule #7.

F. Resignation or Retirement.

1. Acceptance by Department. The Town Marshal shall have the authority to receive but not accept or approve the resignation or retirement of any member. Final acceptance of an employee’s resignation or retirement shall be by the Town Council only.

2. Notice. As a matter of courtesy, an employee should submit his/her notice of resignation or retirement with as much advance notice as possible to allow sufficient time for the Department to recruit a replacement if necessary.

G. References.

A prospective employer who contacts the Town Clerk-Treasurer, Town Council, or Town Marshal as to prospective employment of a paid member shall be supplied with the member’s date of hire, certifications achieved or received during employment, and date of last employment with no other reference or comment to be made.

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DISCIPLINARY ACTION RULE #7

I. PURPOSE: To establish guidelines for disciplinary action.

II. POLICY: All Knightstown members of the Knightstown Town Marshal’s Department shall conduct themselves responsibly, to work efficiently and to follow all rules, regulations, policies and procedures of the department. If any member fails to conduct him/herself properly, they may be subject to disciplinary action.

III. PROCEDURE:

A. List Of Basic Work Rules.

1. This list is to explain the basic work rules of the Knightstown Town Marshal’s Department. It is not intended to take the place of or prevent discipline being used for other types of member misconduct.

2. Members who disagree with a disciplinary action can voice his/her complaint formally through channels to the Town Marshal.

B. Minor, Serious & Severe Offenses Examples.

1. Minor Offenses Include:

a. Tardiness.

b. Verbal abuse of fellow members: includes derogatory or prejudicial statements and profane language. For very serious instances, see “General Misconduct”.

c. Unauthorized distribution of department materials, reports, etc.

d. Poor performance: Carelessness in the performance of assigned duties. If the member consistently fails to meet reasonable performance standards, the supervisor shall initiate a formal evaluation period to correct the situation.

e. Unauthorized use of department property: Use of department property for personal gain not connected with the department, without the intent to commit theft, when not approved.

f. Absence without proper authorization.

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g. Failure to maintain department issued equipment: This would include assigned department vehicle, uniform, weapon, etc.

h. Failure to comply with department Rules and Regulations or Policy and Procedures as set forth in this manual and as may be added or amended at a later time.

i. Repeat offenses could upgrade a minor offense to a serious and/or severe offense.

2. Serious Offenses Include:

a. Abuse of the public: Includes action in an insulting or threatening manner, use of profanity.

b. Fighting or battery: Provoking a fight with a co-worker, supervisor or private citizen while on duty or off duty.

c. Sleeping on the job.

3. Severe Offenses Include:

a. Excessive absenteeism: Absence from the job for five or more consecutive days without proper authorization.

b. Driving a department vehicle when consuming any alcoholic beverages at any time.

c. Consuming alcoholic beverages during working hours.

d. Under the influence of alcohol or illegal drugs during duty hours.

e. Theft.

f. Falsification on any department reports.

g. Sabotage: This is defined as an intentional act, which caused or had the potential of causing productivity to be slowed or stopped, physical injury or property damage.

h. General misconduct: Includes, but is not limited to, commission of any act which is so disruptive to the operation that effectiveness is

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significantly reduced, or which is especially embarrassing or effectively damaging to the Knightstown Town Marshal’s Department.

i. Sexual harassment: Per Town Personnel Policy.

j. Unethical conduct: See Code of Conduct, Rule #2, herein.

k. Insubordination: Willful refusal to obey a legal directive of supervisors or refusal to perform assigned work.

l. Gross negligence: This would constitute an act that would place the public or member of the department in jeopardy to the extent that the act could cause injury to that person.

m. Any reason set forth in Indiana Code 36-8-3.

C. Progressive Discipline:

1st Offense: Verbal warning (documented).

2nd Offense: Written warning.

3rd Offense: One-day suspension.

4th Offense: One to five day suspension.

5th Offense: Recommend dismissal to Town Council.

1. Minor offenses are not considered serious enough to cause employees to lose their jobs unless the minor offenses occur more than once. Instead, supervisors correct minor offenses through the use of progressive discipline. Progressive discipline is discipline that becomes more severe each time an offense is repeated.

2. Prior to starting a member on the first step of progressive discipline, at least one counseling session must be documented in the member’s personnel file. More than one counseling session is permitted and desirable and shall be documented in writing containing the date, time and location of the counseling session, the subject matter thereof, and be placed in the member’s personnel file.

3. “Verbal Warning” is the first step of progressive discipline for a minor offense. Supervisors will talk to the member about the offense and help

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him/her understand what behavior is expected. The supervisor must note in the member’s personnel file the date, time, and nature of the discussion that took place, a description of the remedial action to occur and the time frame within which the employee must accomplish the remedial action.

4. If one year has elapsed since a person has a minor offense or serious offense, the last discipline imposed reverts to the previous step for the purpose of progressive discipline.

5. Serious offenses are treated less strictly than are severe offenses. However, they are still taken very seriously by the department and a 1-5 day suspension could result from a serious offense.

6. Committing a severe offense can cause members to lose their jobs. The Town Marshal may reduce discipline to a 1-5 day suspension in exceptional cases.

7. Probationary employees (members who have been with the department for less than one year) do not necessarily receive progressive discipline. A probationary member can be terminated for committing a minor offense if their overall job performance is not acceptable. Two offenses can result in termination even if their overall performance is good.

8. Suspension of more than five (5) days or termination shall be subject to the provisions of Indiana Code 36-8-3.

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EQUIPMENT RULE #8

I. PURPOSE: To describe the equipment each member/Officer must use and maintain while employed.

II. POLICY: All members of the department shall familiarize themselves with all equipment used by the department. All personal and departmental firearms and other equipment used by the department members shall be maintained and in optimum condition.

III. PROCEDURE:

A. Standard Arms Equipment. Officers of the department, while on active must be in possession of and wearing in the appropriate manner the following equipment:

1. Firearm/Service Weapon.

2. Handcuffs.

3. Watch.

4. Notebook and pen.

5. Badge.

6. Identification card.

7. Uniform.

8. Taser.

B. Loss or Damage. Members of the department shall promptly report to the Town Marshal or Captain the loss of, damage to, or unserviceable condition of any equipment or property of the Town.

C. Surrender. Upon suspension, termination or resignation, a department member shall immediately surrender to the Town Marshal all equipment provided by the department.

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FIREARMS USE RULE # 9

I. PURPOSE: To provide guidelines and limitations for Officers of this department concerning firearms. This policy will address the types of firearms to be carried both while on-duty and off-duty. Additionally, ammunition, training, and the reporting of the use of deadly force with firearms will also be addressed in this policy.

II. POLICY: ADMONISHMENT. Because of the nature and responsibilities of a law enforcement agency, a firearms policy is essential for the effective operation of the department. The value of human life is immeasurable in our society. Officers have been given grave responsibilities to protect life and to use their firearms, if necessary, in order to fulfill this responsibility. Therefore, Officers must use utmost prudence and restraint in exercising their authority to use firearms. Each and every Officer of the Knightstown Town Marshal’s Department must adhere to compliance of this policy.

III. PROCEDURE:

A. Issued Firearms: The Knightstown Town Marshal’s Department provides its full-time Officers with the following firearms.

B. Duty weapons:

1. Department handgun. (Carried by all Officers)

2. Department shotgun. (Each vehicle)

3. Department rifle. (Only certain full-time patrol and specialty Officers)

C. Non-issued Secondary Weapons/Back-Up Weapons:

1. Minimum caliber of .22 and maximum caliber of .45.

2. Officer must secure authorization from Range Master and provide make, model, and serial number of weapon.

3. The Range Master will have final approval in writing and in personnel jacket.

D. Authorized Ammunition:

1. Only issued duty ammunition shall be carried in the issued weapons.

2. Ammunition shall be subject to change as a result of changing technology.

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3. Ammunition carried by Officers of the Knightstown Town Marshal’s Department in non-duty weapons/back-up weapons shall be of reputable manufacturer and shall be factory ammunition only. No Officer shall carry any reloaded ammunition, exploding bullets, or special purpose loads in any departmental weapon/approved personal weapon unless authorized by the Range Master in writing with a copy in the Officer’s personnel file.

E. Other Firearms:

1. Members of the Knightstown Town Marshal’s Department Special Response Team are permitted to utilize other weapons. Team members must be trained and qualified with each weapon prior to its use.

F. Firearms Training:

1. Each Deputy Marshal shall attend a minimum of one (1) firearm-training session each year.

2. All firearm training shall be provided by the Range Officers under the direction of the Range Master and the Town Marshal.

a. Each Officer shall fire one (1) qualifying score each year with his/her issued duty weapon and duty ammunition.

b. Each Officer shall fire a minimum of one (1) qualifying score each year with all non-issued/back-up weapons and authorized ammunition.

c. Each Officer shall fire a minimum of one (1) qualifying score each year with their issued shotgun and duty ammunition.

d. Each Officer shall fire a minimum of one (1) qualifying score each year with their issued rifle and duty ammunition.

3. Failure to Comply with Training Requirements.

a. Any Officer who refuses to participate in firearm training shall immediately be reported to the Range Master who shall immediately file a written report with the Town Marshal.

b. Any Officer who fails to shoot a passing score with his/her weapon(s) shall schedule additional practice time with a Range Officer and continue to practice until such a time that he/she can shoot a passing

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score.

c. If an Officer is absent for an extended period, as determined by the Town Marshal, he/she shall, at his/her earliest opportunity, successfully complete a firearms qualification.

d. Officers are prohibited from carrying any non-issued/back-up weapon that he/she has failed to qualify.

G. Holsters and Magazine Carriers.

1. Only authorized holster and magazine carriers will be permitted for use.

H. Firearms Responsibilities.

1. Carrying of Firearms:

a. An Officer, when assigned to regular duty, shall carry or have in his/her immediate possession at all times a department issued handgun as prescribed in this policy. On special details an Officer may carry a department issued handgun or an approved and qualified handgun. In no event shall an Officer be in a Town owned vehicle without the department issued handgun or an approved and qualified handgun in his/her possession.

b. An Officer assigned to duty shall also have a department issued or approved, personally owned, shotgun or rifle in his/her assigned commission.

c. Certain undercover investigative situations may require an Officer to not be armed to avoid being identified as an Officer.

2. Firearm Security:

a. Officers are responsible for the safe and secure retention of firearms in their possession. Additionally, each Officer shall ensure that his/her firearms are safely secured away from all persons when not in use.

b. Any Officer who loses a firearm shall immediately file a written case report with the Town Marshal containing the weapon type, make, model, serial number, and situation surrounding the loss.

3. Maintenance:

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a. All Officers shall be responsible for cleaning and upkeep of all firearms described in this policy.

b. An Officer experiencing problems with his/her respective weapons shall notify a Range Officer or Range Master for inspection of the weapon.

4. Altering Firearms:

a. With the exception of sight alignment, a Range Officer or Range Master must approve any altering, additions, deletions or modifying of a firearm. A request to do so shall be submitted in writing to the Range Master or Range Officer. Once the request has been reviewed, a decision will be returned in writing to the requesting Officer. Any approved alteration or modification must be performed by a certified armorer.

I. Firearm Use & Reporting.

1. Any discharge of a firearm, except for training purposes, shall be immediately reported to the on-duty supervisor. The on-duty supervisor shall take specific action for specific incidents.

2. Police Action Shooting.

a. Notify the Town Marshal and Captain.

b. Notify the Range Master.

c. Notify the Henry County C.I.D.

d. Notify the shift supervisor.

3. Destroying An Animal.

a. See that appropriate incident report and supplements are completed.

b. Notify Animal Control.

4. Accidental Discharge (Includes Collateral Injury or Damage).

a. Notify the Town Marshal and Captain.

5. The on-duty supervisor shall cause the appropriate incident reports and

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supplements to be completed by the subordinate Officers involved. If the on-duty supervisor is involved in the action, his/her superior Officer shall cause the appropriate Incident/Case report and supplements to be completed. In all instances the reports shall be forwarded to the Firearms Review Board.

6. Any Officer involved in a police action shooting shall have the opportunity to confer with an attorney before being required to give an official statement concerning the circumstances of the incident.

J. Use of Patrol Rifle.

The Town Marshal has authorized the Patrol Rifle, chambered for the .223 Remington cartridge, for use by the Knightstown Police Department as follows:

1. The purpose for the authorization of the semi-automatic rifle is to counter criminal suspects armed with high-capacity semi-automatic weapons. Officers carrying only handguns are severely outgunned when engaging an adversary with one of these weapons.

2. The police rifle has an increased range of fire as opposed to a handgun or shotgun.

3. The rifle is a more accurate weapon than a handgun or shotgun.

4. The .223 Patrol rifle has minimal recoil.

5. The rifle is safer and easier to control than a police shotgun. A rifle is more precise than nine “00" buck pellets traveling toward a target.

6. Personnel are better able to master the basics of the weapon.

7. The rifle has a larger magazine capacity and is easier to reload.

8. Provides more accurate follow-up shots.

9. The problem of over-penetration is reduced with the use of the .223 cartridge. Its (penetration) is less than a shotgun slug, and even some pistol rounds.

10. The .223 Remington cartridge will defeat commonly available body-armor, which is being used with increasing frequency by the armed professional criminal.

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11. Magazines for the rifle may be of 20 or 30 round capacity. To insure reliable feeding of the cartridges, the 20 round magazines should be loaded with 18 rounds and the 30 round magazines should be loaded with 28 rounds of ammunition.

12. Officers are not authorized to carry the Patrol rifle until they have received training. The training consists of a department approved Tactical Rifle course.

13. Officer must re-qualify on an annual basis.

14. After receiving training, the Officer will be authorized to carry the rifle on duty.

15. When carried on the street, the police rifle will be carried in the police vehicle, in the trunk, in a case. The rifle will be carried on the following condition: a magazine will be in place and the chamber will be empty with the bolt forward.

16. No modification is to be made to the Patrol rifle without written consent from rifle instructor and the Town Marshal. Until a more complete evaluation is completed, authorized duty ammunition for the Patrol rifle will be issued by the department.

17. The rifle will be equipped with a sling. The only optional accessories authorized are a light and mount, tritium night sighs and bipod. No telescopic sights or electronic sites are authorized.

18. The tactical use of the police Patrol rifle is at the discretion of the Officer. Generally, incidents wherein a high probability of armedconfrontation exists will justify the use of the police rifle. Officers are to use great discretion before utilizing or deploying the police Patrol rifle.

19. Policies and procedures governing the use of deadly force shall be applicable to the carrying and use of the Patrol rifle.

K. Firearms Review Board.

1. The Board shall consist of the Town Marshal, Captain, the Town Council Police Committee and Range Master to review the discharge of a weapon by any Officer and make a recommendation to the Town Marshal.

L. Range Organization and Operation.

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1. A certified firearms instructor shall be appointed by the Town Marshall as Range Master.

2. The responsibilities of the Range Master are as follows:

a. Oversee all firearms training.

b. Post and enforce regulations pertaining to range safety.

c. Periodically inspect each Officer’s issued firearm and shotgun.

d. Develop courses of fire for weapons qualifications under the direction of the Town Marshal.

e. Record and maintain firearm-training records indicating scores and weapon information.

f. Organize and conduct firearms training.

g. Provide approval to Officers requesting weapon and ammunition authorization.

h. Make recommendations to the Town Marshal pertaining to weapons, ammunition, training, and policy.

i. Notify the Town Marshal of any Officer who fails to qualify or refuses to comply with firearms training requirements.

3. A certified firearms instructor shall be appointed by the Town Marshal as Range Officer.

4. The responsibilities of the Range Officer are as follows:

a. Assist the Range Master in the development of courses of fire for firearms training and qualification.

b. Organize and conduct firearm qualifications for persons assigned to their shifts and division.

c. Record all training and qualification scores and forward reports to Range Master.

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d. Notify the Range Master of any Officer who fails to qualify or refuses to comply with firearm requirements.

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UNIFORMS Rule #10

I. PURPOSE: To describe the composition and care of proper Officer and member attire.

II. PROCEDURE:

A. Uniforms

1. Provision by Town. The Town shall provide active, full-time Deputy Marshals of the department with the uniforms, clothing, arms, and equipment which the Town determines to be necessary for them to perform their duties during their first year of service. After one (1) year of regular service in the department, Deputy Marshals shall be required by the Town to furnish and maintain all of his subsequent uniforms and clothing upon payment to the Deputy Marshals by the Town of an annual cash clothing allowance. The Town shall credit the uniform allowance to each Deputy Marshal against his purchases during the calendar year.

a. All Deputy Marshals of the department shall report for duty in full uniform, clean, neatly shaven, clothes pressed, shoes shined, and all equipment in serviceable condition. Deputy Marshals shall never appear in partial uniform either on or off duty. If a Deputy Marshal appears in public in full uniform, he shall be considered as on duty and subject to all the policies and procedures of the department for on-duty Officers.

b. All uniforms, clothing, arms, and equipment will remain the property of the Town and must be immediately returned to the Town Marshal and/or the Town Council upon termination, retirement or resignation.

2. Accessories.

a. Jewelry consists of a Knightstown Town Marshal’s Department. worn on collar of summer and winter shirts, and is worn across point of collar.

b. The Whistle Chain is fastened to right shoulder epaulet button under the epaulet. The chain enters the right pocket through the button hole.

c. The name tag is worn on the left shirt pocket flap, centered directly under the pocket seam.

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d. The badge is worn high enough so it does not touch the pocket. e. The pistol belt is worn with the tail of the belt to the left.

f. Cartridge magazine.

g. The handcuff case is worn where comfortable and accessible.

h. Winter shirt sleeves are down and buttoned at all times.

i. French Blue clip-on tie is worn with winter shirt.

j. “T” shirt is worn at all times.

k. A dark “T” shirt or a dark mock turtle neck shirt.

l. Short sleeves are optional from April 1 and mandatory from April 15 each year.

m. Long sleeves are optional from October 1 and mandatory from October 15 each year.

n. Short sleeve shirts are worn for inside duty.

o. Dark blue socks are worn with well-shined shoes. Uniforms will be neat, clean and pressed.

p. A member of the department, when in uniform, shall wear his/her badge on the outside of the outermost garment over the left breast. No member of the department shall pass his relatives or friends into places of amusement, nor shall any Officer transfer his badge to any relative or friend.

3. Additional Regulations.

a. Uniforms are not to be worn when the Deputy Marshal is off duty except on said details or assignments authorized by the Town Marshal.

b. Different components of the uniform are not to be mixed while being worn with other visible articles of civilian or unauthorized clothing. The uniform shall be worn in its entirety as established by this policy except when ordered by the direction of the Town Marshal.

c. Uniforms may not be worn by persons other than those occupying the

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office of Town Marshal, Captain, Deputy Marshal or Reserve Marshal with the Knightstown Town Marshal’s Department.

d. No personal item of clothing or equipment shall be worn in lieu of authorized items of the official uniform without the approval of the Town Marshal.

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ARREST AND DETENTION Rule #11

I. PURPOSE

II. POLICY

III. PROCEDURE:

A. Arrest: An arrest is the taking of a person into custody so that he may be held to answer for a crime. (Indiana Code 35-33-1-4) An arrest may be made on any day or at any time of the day or night. (Indiana Code 35-33-2-3(a)) An Officer may arrest a person when any of the following appear to exist (Indiana Code 35-33-1-1).

1. He has a warrant commanding that the person may be arrested.

2. He has probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit a felony.

3. He has probable cause to believe the person has violated the provisions of Indiana Code. 9-4-1-40, Indiana Code 9-4-1-54, or Indiana Code 9-11-2.

4. He has probable cause to believe the person is committing or attempting to commit a misdemeanor in his presence.

B. Restraints: A defendant shall not be subject to more restraint than is necessary to effect his arrest and detention. Any person arrested for a felony shall be handcuffed while in the custody of an Officer. Neither night sticks nor mace shall be used except when necessary in the course in self-defense, effecting arrest, or preventing an escape. If, after verbal notice of the intention to arrest a defendant is communicated, and the defendant either flees or forcibly resists, the Officer may use all necessary means to affect the arrest. To make an arrest in criminal actions, the Officer may break open any outer or inner door or window to execute the warrant, if, after notice of his authority and purpose, he be refused admittance. (Indiana Code 35-33-23 (b)).

C. Pursuit: In addition to the pursuit provision set forth in Standard Operating Procedure Rule #4 above, if the person being arrested, attempts to escape, the person from whose custody he has made his escape may immediately pursue the person and retake him at any time and any place within in the state. To retake the person escaping, the person pursuing may, after notice of his/her intention and refusal of admittance, break open an outer or inner door or window of a building or enclosure, and shall have the same power to command assistance as is given in case of arrest.

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D. Defendant’s Rights: No department Officer shall violate the statutory or constitutional rights of any defendant or other person.

E. Officers should not exercise their police powers in situations where they are personally involved either as a relative or neighbor.

F. In situations where Officers are personally involved, the proper action would be to call and ask that another Officer be dispatched to handle the situation.

G. The only exception to an Officer refraining from using his/her police powers, when personally involved, is in situations where it is necessary for self-defense, to prevent injury to another person or when a serious offense or felony has been committed.

H. Arrest Out of Uniform: department Officers not in uniform shall not arrest traffic violators on sight except when the violation is especially flagrant or involves an accident while under the influence of liquor or narcotics and follow all state statutespertaining thereto.

I. Filing Charges: Department Officers shall promptly file charges against arrested persons pursuant to Indiana Code 35-33-7-1 and shall prepare all necessary reports and obtain and prepare any necessary statements promptly.

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SEARCHES Rule #12

I. PURPOSE: Establish guidelines for inventory of vehicles that are being impounded by Knightstown Town Marshal’s Department Personnel.

II. POLICY: The Knightstown Town Marshal’s Department requires that an Officer impounding a vehicle shall inventory the vehicle prior to being towed.

III. PROCEDURE:

A. Any Officer impounding a vehicle for any purpose other than at the owner’s request at traffic accidents will complete the Knightstown Town Marshal’s Department vehicle impound inventory record.

B. After completing the inventory sheet, the Officer will request an incident number and make an incident report concerning the vehicle that is involved. All impounded vehicles will be listed in the involvements of the incident report as well as the name of the wrecker service. The inventory sheet will be attached to the incident report.

C. If, during the inventory of the vehicle, an Officer finds contraband, or articles of high value, he/she should photograph the articles, and attach the photograph to the incident report.

D. Under NO circumstances should force be used to open either the glove compartment or trunk for an inventory search.

E. Regulations.

1. All vehicles impounded by department personnel will be inventoried, and recorded on the Knightstown Vehicle Inventory Sheet.

2. All containers in the vehicle must be searched. Locked containers should not be forced open.

3. Knightstown Officers will complete an incident report and attach the inventory sheet.

F. Searches: A search may be conducted by the Town Marshal, Captain, Deputy Marshal or Reserve Deputy Marshal in circumstances including, but not limited to the following:

1. Incident to Arrest: Any department Officer making an arrest of persons to be

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sent to headquarters shall immediately search such persons for weapons or evidence of crime. This policy shall not apply to persons ordered into court.

2. Warrant: No Officer shall obtain a search warrant except with the consent of the Town Marshal or Captain.

G. Destruction of Evidence: No department Officer shall destroy evidence of a crime or aid in any way the removal or destruction of same.

H. Confiscated Property Department Officers who confiscate any property or evidence in any arrest or who recover any contraband or stolen property shall mark and tag or label the property and shall, before going off duty, place such items in a locked and secure place, until it is introduced into court or otherwise legally disposed of. Whenever possible, an Officer shall have another Department member verify that said items were appropriately tagged and secured. Whenever scheduled substances are confiscated, in addition to the above, the substance shall be weighed and/or the items counted and duly noted on the identification tag.

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COURT APPEARANCES Rule #13

Court Appearances: The Town Marshal, all Deputy Marshals and all other members of the department shall not fail to appear in court in any case in which they are witnesses when requested to do so. If duty demands their absence from court, they shall report the matter to either the Town Marshal, Captain, or Prosecuting Attorney, as the case may be, as far in advance as possible so that the case may be set over if necessary.

A. Appearance: The Town Marshal, all Deputy Marshals and all other members of the department concerned with criminal cases before the court shall make a punctual appearance and either be in full uniform or dressed neatly in civilian clothing, or as may be requested by the Court.

1. Civil Actions: The Town Marshal, all Deputy Marshals and all other members of the department shall not testify in civil matters based on facts coming into their possession in an official capacity, unless legally summoned to do so by a court or body with power to summons.

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PUBLIC INFORMATION Rule #14

I. PROCEDURES FOR RELEASE OF INFORMATION TO THE MEDIA:

A. The Town Marshal shall serve as the primary Public Information Officer and he/she or his/her designee will be responsible for all releases of information to the press.

1. Restricted Information: All Deputy Marshals and all other members of the department shall not communicate with any person other than an official law enforcement agent regarding the following items:

a. Persons wanted by the department for questioning or arrest.

b. Persons arrested.

c. Criminal records.

d. Department orders or regulations.

e. Any other information not subject to disclosure under Indiana or Federal Law.

2. News Media: No Deputy Marshal or department member shall make any statements, written or oral, which he or she has reason to believe may be published or broadcast concerning any department activities, operations, policies, or cases without prior permission of the Town Marshal or Captain, or others delegated by the Town Marshal. A Deputy Marshal shall, however, cooperate with the news media representatives at the scene of an accident, disaster, or incident and shall not obstruct or impede their reasonable efforts to obtain or impede their reasonable efforts to obtain authorized information.

3. Department Communications: No Deputy Marshal or department member shall engage in official correspondence involving the department over his or her own signature or convey official department communication by telephone or otherwise outside the Town without the permission of the Town Marshal.

4. Confidential Operation: No Deputy Marshal or department member shall communicate to any unauthorized person information concerning any proposed police action or the department’s operations or activities which are of a confidential nature, unless so delegated by the Town Marshal or Captain.

5. Accidents: The names of fatal accident victims shall not be released to the

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news media until relatives have been notified, unless four (4) hours have elapsed from the time of the identification of the victim and efforts to notify relatives have been unsuccessful, provided the media agree to state, with the use of names, "all efforts by the police to locate and notify relatives have thus far been unsuccessful." In the case of death by violence or other than accidental causes, the information shall be released at the discretion of the investigating Officer. However, reasonable efforts shall be made to notify immediate survivors of the deceased.

6. Altering Official Records: No erasures shall be made in any of the official books, records, reports, or documents connected with the department. If any error be discovered, it is to be altered and corrected by drawing a line in pen neatly across the entry and substituting the correction above it. The Deputy Marshal making such correction shall place the date and his or her initials near same.

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JUVENILE OFFENDERS Rule # 15

I. PURPOSE: To comply with state and federal guidelines by establishing a written policy for the custody of juvenile offenders following arrest.

II. POLICY AND PROCEDURE:

The criteria for law enforcement facilities to meet for non-secure custody of a juvenile offender is as follows:

A. The area(s) where the juvenile is held is an unlocked, multi-purpose area such as a lobby, office, or interrogation room, which is not designated, set aside, or used as a secure detention area or is not part of such an area. If it is a secure area, it is used only for processing purposes.

B. The juvenile is not physically secured to a cuffing rail or other stationary object during the period of custody in the facility.

C. The use of the area is limited to providing nonsecure custody only long enough and for the purposes of identification, processing, release to parents, or arranging transfer to an appropriate juvenile facility or to court.

D. In no event can the area be designed or intended to be used for residential purposes.

E. The juvenile must be under continuous visual Officer supervision or facility staff supervision during the period of time that he/she is in a nonsecure custody situation.

F. When a juvenile is arrested for an offense that would be a crime if committed by an adult and taken to a law enforcement facility, that offender can be handcuffed for processing. If the offender poses a substantial risk to themselves or to the Officer, the offender can be handcuffed to a stationary object. The Officer must rely on his/her judgment of the level of risk posed by the juvenile.

G. A juvenile offender can be considered in nonsecured custody, even though handcuffed, where necessary, so long as a stationary object is not in use. It is recommended that nonsecure custody be limited to six hours. It will be the Knightstown Town Marshal’s Department policy to avoid any handcuffing of juvenile status offenders to any stationary object or placed in a locked room. The juvenile offender will be under constant visual observation by an Officer or other member of the department such as a Reserve Officer or Dispatcher at all times.

H. The Knightstown Town Marshal’s Department will process all juvenile offenders in a

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timely manner and release them to a qualified parent or guardian. If an arrestingOfficer feels the juvenile needs to be incarcerated, he/she needs to contact a probation Officer to have them make arrangements to transfer the juvenile to a secured detention facility.

I. Child in Need of Services: (Indiana Code 31-6-46).

1. If a child alleged to be in need of services is taken into custody under an order of the court, the Officer shall take the child to a place designated in the order to await a detention hearing.

2. If a child alleged to be in need of services is taken into custody without an order of the court, the Officer may release the child or deliver the child to a place designated by the juvenile court and shall promptly notify the child’s parent, guardian or custodian and an intake Officer of where the child is being held and of the reason for the child’s detention, investigation or other operation of the department without the express written consent of the minor and minor’s parent, guardian or custodian after full written disclosure of the nature and purpose of any such investigation or operation.

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COMPLAINTS AGAINST THE DEPARTMENT Rule #16

I. PURPOSE

II. POLICY

III. PROCEDURE:

Complaints Against Department: It is the express policy of the Town Council and this department to provide a procedure by which any person who has a complaint or grievance against this department or any of its Officers or other members may bring such complaint or grievance to the attention of the Town Council and the department and that such person will receive a fair and equitable disposition of such complaint or grievance. The procedure to be followed is as set forth below:

A. Initial Filing: Any complaints or grievance of a citizen against the department or any of its members shall be presented, in writing, upon forms to be provided for such purpose, to the Clerk-Treasurer of the Town, who shall keep a log of such grievances, and deliver a copy of such grievance to the Town Council and one copy to the Town Marshal. The complaint shall recite with reasonable specificity the factual basis of such complaint, including without limitation, the date and time, place and circumstances alleged, along with the name, address and telephone number of the complaining party.

B. Disposition: Upon receipt of such complaint, the Clerk Treasurer of the Town shall record the date of its receipt and immediately present it to the Town Council, who shall review and, if deemed necessary and appropriate, investigate its merits. If the Town Council decides to investigate the merits of the complaint, the Town Council shall make written findings and report such actions its next scheduled regular meeting or special meeting unless a different timeframe is established by the Town Council.

C. The Town Council shall then determine what, if any, action needs to be taken in regard to such grievance. The complaining party shall be notified in writing of such action.

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DRUG FREE WORKPLACE POLICY Rule #17

Drug Free Workplace Policy:

A. On October 16, 1990, the Board of Commissioners of Henry County, Indiana adopted a Drug Free Workplace Policy which was reaffirmed, restated, and enlarged on October 19, 1992. It is the intention of the Town Council to implement this policy. Further reference to the Drug Free Workplace Policy of the Town of Knightstown, shall be by reference to the Knightstown Town Marshal’s Department Standard Operating Procedure Manual.

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COMPUTER AND INTERNET USAGE RULE # 18

I. PURPOSE: To establish the limitations of the use of the department's computers and Internet Services.


A. Computers and Internet Service provided by the department are for the sole purpose for Officers/members to conduct job related activities while employed as an Officer/members.

B. The Computers and Internet Service are to be used in a manner consistent with the Officer's/member’s status and in accordance with policies in effect at the department, and that the Internet Service is not to be used to access lewd or lascivious material or an unethical nature unless the Officer is acting in his official duties.

C. Officers/members will not engage in unauthorized access to a department computer, computer network, or computer system by using another persons access rights (user name or password).

D. Officers/members shall not jeopardize the security of the department computers or computer network by installing unauthorized software or modifying the computers configuration without the permission of the department's System Administrator.

E. If uncertain whether an activity is permissible, Officers/members will refrain from the activity and secure clarification from his/her supervisor before proceeding with the activity.

F. All information placed on or retrieved from the department computers or Internet Service, including e-mail and the facilities of the Internet, may be subject to the Access to Public Records Act, Indiana Code 5-14-3. Unless exempted by law, information placed on or retrieved from the Internet is a public record and therefore eligible for public disclosure.

G. The Department shall reserve the right to monitor Officers/members use of the department computers and Internet usage, including all communications through it.

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USE OF TASERS Rule #19

I. PURPOSE: The purpose of this policy is to establish policy and regulation for the use of the ADVANCED TASER by members/Officers of the Knightstown Town Marshal’s Department. This policy will define the TASER unit being put in place for use by members of the department and the requirements set forth. Members using the ADVANCED TASER will be trained in the use of the TASER by an instructor who has been trained and certified.

II. POLICY:

A. Electronic Incapacitation Devices:

The ADVANCED TASER is a conducted energy weapon; an electronic incapacitation device. It is a defensive weapon which is listed in the force continuum at the same level as O.C./C.S spray; after soft empty hands. The ADVANCED TASER functions in two ways:

1. It uses compressed nitrogen to project two probes a maximum of 21 feet. An electrical signal is then sent to the probes, via small wires, which disrupts the body’s ability to communicate messages from the brain to the muscles and causes motor skill dysfunction.

2. Acts as a touch stun system when brought into immediate contact with a person’s body.

The decision to use the ADVANCED TASER is based on the same criteria an Officer uses when selecting to deploy O.C/C.S spray or a baton. The decision must be made dependent on the actions of the subject(s) or threat facing the Officer(s), and the totality of the circumstances surrounding the incident. In any event, the use of the ADVANCED TASER must be reasonable and necessary.

The ADVANCED TASER is not meant to be used in deadly force situations. The ADVANCED TASER should not be used without a firearm back-up in those situations where there is a substantial threat toward the Officer(s) or others present.

The ADVANCED TASER provides a force option in which the Officer does not have to get dangerously close to a threat before deploying the tool. Using the ADVANCED TASER may greatly reduce the need for other types of physical force by the Officer(s) resulting in serious or potential deadly injury to the offender, Officer, or others present.

Any use of an electronic incapacitation device contrary to the direction of this

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policy can results in the revocation of the Officer’s right to use such products and may subject the Officer to disciplinary action.

B. Issuing of the ADVANCED TASER:

Department members will only carry and use ADVANCED TASERS or electrical incapacitation devices approved by the Knightstown Town Marshal’s Department. Members may only use Knightstown Town Marshal’s Department issued ADVANCED TASER cartridges. A record of cartridge serial numbers provided with each weapon will be maintained in a log book which will be kept with that weapon at all times. The log (books) will be audited at least once a year by a Knightstown Town Marshal’s Department ADVANCED TASER instructor.

Any ADVANCED TASER trained Officer/member of the Knightstown Town Marshal’s Department may be assigned and/or issued the TASER for use on duty. The TASER unit/tool will be assigned to the trained Officer/member by the Town Marshal. The ADVANCED TASER may also be assigned to other Officers by the Town Marshal.

A record will be kept of all ADVANCED TASERs, their serial numbers, and what Officer they have been issued to. In the event that an ADVANCED TASER is returned for repairs or no longer remains the property of the Knightstown Town Marshal’s Department, the use history of that particular tool will be down loaded using the data port access and appropriate software. The use history will be maintained for a period of five (5) years from the date the ADVANCED TASER was taken out of issue.

Use histories will be run on each ADVANCED TASER once each year. Any indications of misuse of the device may result in disciplinary action or revocation of the user’s certification.

C. Training and certification.

All members who carry and/use an ADVANCED TASER must first successfully complete a four hour ADVANCED TASER familiarization program, to include written and practical tests. A mandatory re-certification program will be completed annually. The re-certification will be a minimum of two hours.

D. Use of an ADVANCED TASER on Persons.

1. The decision to use the ADVANCED TASER is based on the same criteria an Officer uses when selecting to deploy O.C/C.S spray or a baton. The decision must be made dependent on the actions of the subject(s) or threat facing the Officer(s), and the totality of the circumstances surrounding the incident. In

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any event, the use of the ADVANCED TASER must be reasonable and necessary.

2. The ADVANCED TASER is not meant to be used in deadly force situations. The ADVANCED TASER should not be used without a firearm back-up in those situations where there is a substantial threat toward the Officer(s) or others present.

3. The ADVANCED TASER provides a force option in which the Officer does not have to get dangerously close to a threat before deploying the tool. Using the ADVANCED TASER may greatly reduce the need for other types of physical force by the Officer(s) resulting in serious or potential deadly injury to the offender, Officer, or others present.

4. Any use of an electronic incapacitation device contrary to the direction of this policy can results in the revocation of the Officer’s right to use such products and may subject the Officer to disciplinary action.

5. The ADVANCED TASER is not a substitute for deadly force and should not be used in those situations. Deployment of the ADVANCED TASER should be backed up with the availability of lethal force. The ADVANCED TASER may be used in those situations where:

a. A subject is threatening himself, an Officer, or another person with physical force and other means of controlling the subject are unreasonable or could cause injury to the Officer(s), the subject(s) or others.

b. In case where Officer/Subject factors indicate the Officer(s), offender(s), or others would be endangered by the use of physical force. Other means of lesser or equal force have been ineffective and the threat still exists to the Officer(s), subject(s), and others.

6 Center mass of the body should be the target area when firing an ADVANCED TASER, particularly the center mass of the back; as clothing tends to be tighter on this part of the body. Personnel encountering subjects wearing heavy or loose clothing on the upper body should consider targeting the legs. The head and face should not be targeted unless the appropriate level of force can be justified.

The ADVANCED TASER will never be used punitively or for purposes of coercion. It is to be used as a way of averting a potentially injurious or dangerous situation. The ADVANCED TASER has an effective

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range of 19 feet with a 21-foot cartridge. Ranges less than 3 feet may not provide adequate distribution of the probes to allow the unit to function to its full effectiveness. Firing the ADVANCED TASER at a subject at a range closer than 3 feet is not dangerous to the subject, however. (Note: Contact can be dangerous and Office WILL NOT use the TASER in direct contact with a subject(s). The ADVANCED TASER may be used as a stun gun, where direct contact has to occur).

Prior to the deployment of an ADVANCED TASER; the person deploying has the responsibility to visually and physically confirm that the tool selected is, in fact, an ADVANCED TASER and not a firearm. The deploying person should also notify dispatch, if feasible, that an ADVANCED TASER is going to be deployed. The deploying person should also notify any on-scene, assistant Officers that they intend to deploy a TASER. Immediately prior to deploying the TASER the deploying person should announce, if feasible, “TASER! TASER! TASER! The announcement should be made only if it would not endanger any civilians, Officers, or the suspect.

The ADVANCED TASER has the ability to ignite flammable liquids. It will not be deployed at subjects who have come into contact with flammables or in environments where flammables are obviously present. Personnel should be especially aware of this when in known meth lab environments.

Proper consideration and care should be taken when deploying the ADVANCED TASER on subjects who are in an elevated position or in other circumstance where a fall may cause substantial injury or death. Officers must be prepared to justify such a deployment.

E. Duties After Deployment.

1. Immediate action should be taken to care for the injured, to apprehend any suspects, and to protect the scene.

2. Once the subject is restrained or has complied, the ADVANCED TASER should be turned off.

3. An ADVANCED TASER will not be left unattended except in exigent circumstances as when an Officer is forced to act alone in taking custody of an immediate threat.

4. The Southwest District Ambulance Services or a paramedic service will be summoned to the scene to assess the subject. If the exam or other

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circumstances dictate the subject needs further medical treatment, the subject will be transported to Henry County Memorial Hospital. Medical treatment will not be refused to anyone who requests it.

5. Medical personnel will remove probes located in sensitive areas such as the face, groin, neck or breast.

6. Removal of probes in other areas may be done by Officers; at the discretion of the on scene supervisor. Officers will provide first-aid following removal of the probes by applying iodine or alcohol wipes, and bank-aids to the probe sites as needed. Officers should inspect the probes after removal to ensure that the entire probe and probe barb has been removed. In the event that a probe, or probe barb has broken off and it is still embedded in a subject’s body/skin, the subject should be provided appropriate medical attention to facilitate the removal of the object.

7. Evidence - Photographs will be taken of probe impact sites and any other related injuries. Probes that have been removed from skin will be treated as bio-hazard sharps. They should be placed points down into the expended cartridge bores and secured with tape.

8. Officers will attempt to locate the yellow, pink and clear colored “micro-dots” dispersed at the time of the cartridge firing. These will be collected and placed into evidence with any expended cartridges.

9. Involved personnel will attempt to locate and identify any witnesses to the incident. Officers will refrain from discussing the incident until the arrival of an on-scene supervisor or other administrator. The involved personnel will brief them of the circumstances surrounding the incident and what action has taken place. The deploying Officer(s) will assist in the completion of a SUPERVISORY ADVANCED TASER deployment document report.

10. Additional duties after deployment will consist of booking the offender into jail or by taking other appropriate action. Jail personnel will be informed the subject was controlled by use of an ADVANCED TASER. Subjects controlled by the use of an ADVANCED TASER will not be transported face down.

F. Supervisor Responsibilities.

1. The first supervisor on the scene should ensure that proper care is given to injured Officers and/or citizens.

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2. The supervisor should ensure all responsibilities of the Officer have been carried out regarding care for the injured, apprehension of the suspects and protection of the scene.

3. The supervisor will make proper notification to command staff as soon as possible.

4. The supervisor will notify the command staff if any traumatic injury has occurred due to the use of force involving the ADVANCED TASER.5. The supervisor will make contact with the detective on-duty to assist with any investigation as necessary. If no detectives are on-duty, the Captain or Town Marshal will make contact and determine if a detective needs to be called out.

6. A SUPERVISORY ADVANCED TASER deployment report WILL BE completed and forwarded to the Captain, Town Marshal and an ADVANCED TASER instructor(s).

7. All other written reports associated with the incident will also be completed before the end of the shift and forwarded in the same manner.

III. PROCEDURE:

A. Members of the Knightstown Town Marshal’s Department will abide by the ADVANCED TASER use policy as written, as this is another means of the non-lethal force option weapon.

B. Members will be trained and certified by an ADVANCED TASER departmental instructor before being issued the tool. Members will become familiar with the operations of the TASER and has a general understanding of how the ADVANCED TASER operates. A mandatory re-certification program will be completed annually.

C. Members will follow force continuum and understand that the ADVANCED TASER is a defensive weapon which is listed at the same level as O.C/C.S spray; after soft empty hands.

D. In deadly force situations, Officers/members will have another Officer available with a firearm back-up in the event there is a substantial threat toward the Officer(s) or others present.

E. Members will ensure that proper use of the ADVANCED TASER has been followed and follow-up duties after deployment will be adhered to.

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F. Members will ensure all evidence has been collected and properly tagged and secured and turned over the property room.

G. Supervisory personnel of the department will ensure that all procedures and policies are complied with.

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I. PURPOSE: To establish guidelines for the use of the in-car video equipment by members of the Knightstown Police Department.


A. Officers assigned to the patrol division of the Knightstown Police Department shall attempt to document certain events via the in-car video system so that they may be later admitted into court as evidence, if necessary.

B. These events include but are not limited to:

1. Traffic or investigative stops conducted as the primary or backup officer.

2. Following a suspected impaired driver.

3. Field sobriety testing.

4. Investigations of domestic disputes.

5. Transportation of prisoners.

6. Any situation that could have recourse on the involved officer.

C. Videotapes that have had events recorded that have a high likelihood of being needed for court shall be removed from the vehicle at first opportunity and logged into evidence.

D. Once events are recorded on the videotape and the videotape is removed from the in-car recorder, the videotape is evidence and shall be handled in accordance with department evidence procedures.

E. Officers are required to assign a case number for a videotape he/she has removed from the in-car recorder. The case number shall be written on a label and affixed to the videotape. A paper copy of the case report will be attached to the videotape.

F. Officers shall insure that the in-car video system is kept in working order by daily testing of the recorder and body microphone. Any malfunctions shall be reported to

IN-CAR VIDEO SYSTEMSRULE #20

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the Town Marshal or his/her designee for repairs.

G. Officers shall insure that the proper date and time are displayed on the on-screen header and the header is properly placed at the top of the screen.

H. No in-car videotape, or portion thereof, shall be copied without the permission of the Town Marshal or his/her designee.

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I. PURPOSE: To establish procedures and guidelines for the management of trained police canine teams.


A. Goals.

1. Minimize Officer and citizen risk in potentially life threatening situations.

2. Increase the likelihood of criminal apprehension and illegal detection.

B. Definitions.

1. Police Service Dog: Any canine trained for utilization by the Department.

2. Canine Handler: Police Officer trained to handle a Police Service Dog.

3. Canine Team: The combination of a Canine Handler and a Police Service Dog.

C. Proper Utilization of Canine.

1. The Knightstown Police Department Canine Team, or Teams from other agencies due to KPD unavailability, may be used in the following situations without prior supervisory approval:

a. Tracking operations. In felony and misdemeanor situations to locate suspects and potential evidence and in missing persons incidents where there is belief the missing person may be in danger.

b. Area searches. To check for stolen or abandoned property of evidence of a crime.

c. Building searches. To search buildings believed to be burglarized and buildings utilized by a felony suspect to escape police apprehension.

(1) The Canine Handler must be reasonably certain that the

CANINE UTILIZATIONRULE #21

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building to be searched is clear of innocent people.

(2) The Canine Handler, or designee, must announce the canine team’s presence and the probability that sequestered persons may be bitten. The announcement must be of sufficient volume to be heard by those inside. Anyone inside will be allowed sufficient time to exit the building. In large buildings the announcement may have to be repeated prior to entry into separate areas of the building. If the announcement will cause a significant risk to officer safety it shall not be considered mandatory.

d. Narcotic searches. To search for Narcotics in homes, vehicles, open areas, parcels, or other items deemed necessary if legal search requirements have been met.

e. Handler, Officer and public protection. To apprehend any suspect assaulting or attempting to assault the Canine Handler, other Officers or the public if no other means of apprehension appears possible. The Police Service Dog may be used to effect the arrest of any suspect who is armed or believed to be armed and appears to pose an immediate threat to any Officer or citizen.

f. Call response. To respond to all alarm calls, unsecured buildings, all in-progress calls, and any dispatched assist calls.

g. Felony arrest. To affect the arrest of any person the Canine Handler has probable cause to believe has just committed, is committing or attempting to commit a serious or violent offense, and it reasonably appears the use of other means may result in serious injury to the Officer, suspect, or other persons. The canine may be used to locate and apprehend a secreted felony suspect when, upon considering relevant factors it appears the use of a Canine Team is the safest course of action.

h. Misdemeanor situations. When requested the Canine Handler will respond and evaluate the situation to determine if the use of a Police Service Dog is appropriate. When there is no immediate danger to the handler, other Officers, or citizens, no aggressive use of the canine will be permitted.

2. Knightstown Police Department Canine Teams may be used with supervisory approval in special circumstances. (Some circumstances warrant

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special consideration prior to the deployment of a Canine Team. These incidents shall be evaluated and the decision to use a Police Service Dog shall be made by a supervisor).

a. When a KPD or surrounding agency Canine Team is not available, a patrolman shall determine if call out of a Departmental Canine Team is necessary.b. When a KPD Canine Team is requested by an outside agency (through the Police Department) the approval for deployment will be made by the Canine Handler. Canine Teams shall be governed by the same rules, regulations, and directives as if performing that same service within the Town.

c. In special circumstances where other means have been exhausted and the unique abilities of a Police Service Dog can assist in the successful conclusion of an incident.

d. If a Canine Handler is ordered by any supervisor to perform duties in conflict with prescribed rules, directives, or training techniques, the Canine Handler shall immediately bring the conflict to the attention of the supervisor. If the order is not altered or rescinded it shall be obeyed. The Canine Unit Coordinator shall be notified of the conflict as soon as possible.

3. IN all circumstances where the Police Service Dog is used to affect an apprehension, only the degree of force necessary may be used. The dog must be recalled or otherwise restrained as soon as the suspect is in custody or no longer poses an immediate threat.

D. Specific Responsibilities.

1. The Town Marshal shall be responsible for general management of the Canine Unit.

2. The Canine Unit Coordinator shall:

a. Report directly to the Town Marshal.

b. Function as a liaison on all matters pertaining to the Canine Unit.

c. Provide supervisory oversight and evaluation of employees assigned to the Canine Unit.

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d. Coordinate Canine Unit training activities for handlers and other Department members.

e. Assist in the professional development of those assigned to the Canine Unit.

f. Maintain central records on canine use, training, certification, bites and statistics.

3. Canine Handlers shall:

a. Be responsible for the tactical use of their Police Service Dog unless directed by a supervisor.

b. Act in accordance with State law, and Departmental policy and procedures.

c. Act in accordance with unit training, guidelines and directives in the handling and deployment of the canine. The canine handler must be fully prepared to justify his/her actions and the actions of the Police Service Dog.

d. Maintain national Canine Team certification (USPCA, NAPWADA, or other with prior approval of the Town Marshal).

e. Annually pass minimum departmental canine standards, pursuant to written guidelines.

4. Patrol Officers shall:

a. Quickly determine if a Canine Team may be of assistance, and make any needed request for a Canine Team through dispatch.

b. Prepare the scene in a manner that increases the probability for a successful outcome.

(1) Building searches. Quickly secure perimeter around the building. Do not enter prior to arrival of a Canine Team. Attempt to establish that all lawful occupants are not on the premises. Attempt to determine if any hazards exist, along with other information that may be helpful to the handler.

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(2) Tracks. Establish perimeter of sufficient size in the area of flight. Determine direction of flight and protect area for scent contamination. Provide incident details to handler and other responding units. Provide adequate cover for the Canine Team while on the track, along with frequent location updates to dispatch.

(3) Narcotic searches. Make sure legal requirements are satisfied for search. Remove all persons away from the area to be searched. Notify the Canine Team of potential hazard and known contraband. For vehicles to be searched, attempt to move vehicle to area away from heavy traffic and direct sunlight, roll up windows, and turn the engine off.

(4) Area search. Remove all persons away from the area to be searched. Notify the handler of any potential hazards.

E. Canine Bite Incident Procedure.

1. An on-scene review of any intentional or unintentional canine bite incident will be completed pursuant to written Canine Unit guidelines.

2. In the event of a canine bite incident the handler shall notify the Town Marshal.

3. The Town Marshal will determine if a review is necessary.

F. Tracking Procedure.

1. Respond to scene to aid injured, apprehend suspects committing crimes in progress, and obtain information.

2. Establish perimeter of sufficient size for incident. For each minute it takes to establish the perimeter it should be increased 1-2 blocks.

a. A one minute response time = 2 block perimeter.

b. A four minute response time = 6 block perimeter.

c. Take into account the delay in reporting/dispatching incident.

d. 80% of all urban tracks end within four blocks.

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e. Only activate vehicle lights (i.e. “lighting up the perimeter”) when instructed by the Canine Team.

3. Obtain witness information.

a. Where was the suspect seen last?

b. Suspect description?

c. Without location of flight, dog can only pick up “freshest scent” resulting in a track of anything from Officers to the suspect.

4. Protect area of suspect flight from contamination.

a. If the suspect breaks perimeter and the Canine is not near, you may attempt apprehension.

b. If the Canine is near, do not pursue. If you pursue, the dog may not be released, and if it is, you may be bitten.

c. If you end up between a fleeing suspect and a pursuing canine become motionless.

G. Narcotics Searches.

1. Establish legal requirements for search and articulate to Canine Handler.

a. Consent, inventory, probable cause plus exigent circumstances.

b. Dog is able to sniff airspace outside of vehicle (“plain sniff” doctrine).

c. The vehicle can not be detained beyond the time it takes to complete “routine” details of the stop.

d. Call for Canine Team as soon as possible.

e. The longer the intrusion upon a person’s time, the greater chance the search has of being ruled improper.

2. Preparing a vehicle for search.

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a. Remove from heavy traffic and direct sunlight.

b. Roll up all windows. This allows the scent to “build” in the vehicle, making detection easier.

c. Turn vehicle off (carbon monoxide).

d. Remove all occupants.

e. It is permissible to search prior to Canine Team arrival. Tell Canine Team of any known drug locations.

3. Preparing a home for search.

a. Remove all occupants from search area.

b. Turn off fans, heat, and/or air conditioning.

c. Tell Canine Team of any known drug locations.

d. Start in area of highest probability. The canine’s effectiveness deteriorates due to exhaustion.

4. Preparing money for search.

a. Our Canine Team will be trained (in the near future) to detect drug residue on money.

b. Do not handle the money after handling drugs at any time in the day without changing rubber gloves.

c. Do not place or store the money near drugs.

5. Preparing a parcel or purse for search.

a. Separate the item from the suspect (the canines cannot search people).

b. Do not search the item prior to Canine Team arrival without legal right to do so.

H. Property Searches.

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1. A Canine Team can backtrack a suspect to look for discarded items.

2. A Canine Team can search an area for an item with the freshest human scent. They can locate discarded or lost items in large areas.

I. High Risk Traffic Stops.

1. A Canine Team can respond to the stop and provide apprehension and/or tracking capabilities if a suspect flees.

2. In unusual circumstances a Canine Team can clear a vehicle after everyone has been ordered out (prior to the Officer’s final approach).

J. Perimeters.

Canine Teams can provide perimeter security and apprehension capabilities (in certain cases) at warrant pickups and search warrants.

K. A Canine Team is NOT:

1. A substitute for good tactics. (Canine Teams should only be used as a portion of the plan to solve an incident. They should never be the whole plan.)

2. Able to solve problems for which they have not trained.

L. When A Canine Team Can Be Used.

1. Tracks.

a. The Canine Teams can track felony and misdemeanor suspects that have fled the scene of a crime.

b. The canines will not be used in an aggressive manner at the end of a misdemeanor track. They are there for their detection abilities alone.

c. In training, the dogs have a “friendly find” at the end of most tracks, meaning they are tracking hoping to find a ball at the end. Thus, they can be used safely on misdemeanor or missing persons. If they find an aggressive suspect at the end of a track, they are very capable of the business end of their job.

d. The Canine Teams can track a lost or missing person, if you

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have a starting point. As of now, our dogs cannot search for a person’s scent after being exposed to an article of clothing, etc.

2. Drug detention and interdiction.

a. All of our canines are trained to detect drugs. They can detect marijuana, cocaine and crack, heroin, and methamphetamine.

b. The dogs can detect drugs anywhere (cars, homes, parcels, money, etc.). However, they will not check for drugs a person is carrying on them.

c. The Supreme Court has ruled that a canine sniff is very minimal intrusion of a person’s Fourth Amendment rights. “Plain sniff” is much like “Plain view”. Legally, a dog can walk around and sniff wherever it has the legal right to be.

d. The Canine Teams can help in inventory searches.

e. If you have enough for a VCSA Terry stop, and consent to search, the Canine Teams can search vehicles. Even without consent the canines can sniff around the vehicle’s exterior.

f. If you have already located narcotics in a vehicle, or on the occupants, a canine search should be conducted in almost all cases. (Inventory searches, consent, or probable cause plus exigent circumstances).

3. Alarms, Open Doors, and Building Searches.

a. A canine can search a building much quicker, and safer, than Officers alone.

b. A Canine Team should come to any “open door” type call.

c. A Canine Team should be called to any alarm with multiple trips.

d. A Canine Team should respond to any Home Invasion (or business break-in) that is in progress, or in which the home has not been cleared.

e. A Canine Team can assist in clearing any building where the

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alarm subscriber is on scene with keys.

4. Area Searches.

a. A Canine Team can clear any open area in which a felony suspect has hidden himself/herself. They can clear fields, creek beds, junk yards, factory grounds, etc.

b. Attempt to determine that lawful occupants are out of the search area.

c. The search will probably be conducted off lead. Do not be out on foot in or near the search area unless assisting the Canine Team.

d. If you hear an announcement let the handler know via dispatch. Also note it in your report.

5. Building Searches.

a. Establish perimeter around building (opposite corners).

b. Attempt to establish that all lawful occupants are out of the building.

c. Do not search the building interior prior to Canine Team arrival. Do not contaminate apparent entry points.

d. Have sufficient number of people to go inside to assist Canine Team.

e. Listen for Canine Team announcement prior to entry: “This is the Knightstown Police Department Canine Unit. A trained police dog will be released in the building. Anyone remaining in the building may be bitten. You have thirty (30) seconds to announce your presence and come to the sound of my voice.”

f. If you are able to hear it at an opposite side of the building, it helps to notify the handler via dispatch that the announcement was heard. Also note it in your report.

(1) Inform Canine Team of any known hazards (broken glass, chemicals, holes in floor, roof access, etc.)

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(2) If a suspect flees the building with canine in pursuit, do not attempt to pursue.

(3) If you wind up in the wrong place (the dog is now focused on you), become motionless.

6. Cover Officer Tracking Applications.

a. When assisting the Canine Team, the optimal cover positioning is about 10' to the right and 20' back. Obviously, cover officer position will change depending on the terrain and countless incident details. Often terrain in the city will necessitate positioning a little bit closer to the Canine Team.

b. A second cover officer would position 10' to the left and 20' back. A third would position directly behind the handler and about 30' back.

c. Why 10' over and 20' back?

(1) Canine is trained to watch front and sides.

(2) If Canine loses scent pattern and must return to pick it up you have not contaminated it.

(3) Scent can drift with the wind direction causing the canine to follow the scent past the suspect. If all members of the Canine Team are grouped together everyone is quickly in the suspect’s “kill zone”.

(4) Forces suspect to deal with multiple adversaries at multiple angles and distances.

(5) Minimizes cross-fire and provides triangulation for Officers and Handler.(6) Suspects more frequently hide on right side of tracks (based upon University of Alberta study reference suspect actions under stress and actual tracking application data).

(a) People are imprinted to walk (and drive) on the right hand side of sidewalks, halls, roads, malls, etc. from an early age.

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(b) Under stress, suspects typically will turn right.

(c) Most people are right-handed and will more frequently discard items/evidence on the right side of a track.

7. General Tracking Considerations.

a. It is mandatory that the cover officer(s) stay with the Canine Team. If separated, chances of a poor outcome is increased. The cover officer should be physically capable of the potential task, if not another officer should assist. See case study on pages 4 and 5.

b. Stay off the leash and out of the scent cone.

c. Use light and noise discipline.

d. Scan for threats, high and low. Do not focus on the canine.

e. 80% of all urban tracks terminate within 4 blocks.

f. Perimeters are crucial for any chance of success. Most perimeters are much too small. For each minutes it takes to get a secure perimeter in place, the perimeter should be 1-2 blocks (i.e. a one minute response time would need a two block perimeter, a four minute response time would need a six block perimeter).

g. In an ambush/gunfire incident, the canine will be released to engage the suspect. If there is a clear and overt threat and you are returning fire, ignore the dog’s location. You may have to shoot through the canine to neutralize the suspect.

8. Other General Considerations.

a. If you elect to pursue a fleeing suspect in the presence of a Canine Team, in most cases the Canine Handler will not be able to release his/her canine to make the apprehension. If you wind up pursuing a suspect and end up between the suspect and an apprehending canine, become motionless.

b. If the Handler and Police Service Dog are actively engaging a suspect, do not “jump into” the altercation. Follow Handler instruction.

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c. If a suspect has dropped an article, it may be used for a “scent pad” if you can determine no one else has handled (contaminated) the item. Do not pick up and inspect discarded items prior to Canine Team inspection.

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The Town Council of the Town of Knightstown has adopted by ordinance a Town Personnel Policy which has been codified in the ordinances of the Town Council of Knightstown. This standard operating procedure manual herein incorporates all of the terms and provisions of the town personnel policy. However, to the extent any terms and provisions are inconsistent with the terms and provisions herein, the terms and provisions herein shall control. To the extent the terms and provisions of the town personnel policy are not inconsistent with the terms and provisions herein, they shall apply to the employees of the town police Department.

This standard operating procedure manual may be amended or revised from time to time by the Town Council of Knightstown, Henry County, Indiana.

Any Policy or procedure not mentioned in this SOP shall abide by the approved

Town Personnel and procedure Policy adopted in January 2007.

NOTE:

ON THIS _________DAY OF ________________________, 20___, THE TOWN COUNCIL APPROVES THIS SOP.

knightstown police standard operating procedures

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