Chapter 4 - Patrol Operations - Portland State University 4 - Patrol... · Chapter 4 - Patrol Operations Patrol Operations - 200 *DRAFT Portland State University-Campus Public

Printed Date: 2015/02/05© 1995-2015 Lexipol, LLC

Portland State University-Campus Public Safety Office

Policy Manual

Chapter 4 - Patrol Operations

Patrol Operations - 200

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Policy Manual

Patrol Function400.1 PURPOSE AND SCOPEThe purpose of this policy is to define the functions of the patrol unit of the Department to ensure intra-department cooperation and information sharing.

400.1.1 FUNCTIONOfficers will generally patrol in dearly marked vehicles, on foot, and by bicycle, patrol assigned jurisdictional areas of Portland State University-Campus Public Safety Office, respond to citizen calls for assistance, act as a deterrent to crime, enforce university policies as well as state laws, and respond to emergencies 24 hours per day seven days per week.

Patrol will generally provide the following services within the limits of available resources:

(a) Patrol that is directed at the prevention of criminal acts, , the maintenance of public order, and the discovery of hazardous situations or conditions

(b) Crime prevention activities such as residential inspections, business inspections, community presentations, etc.

(c) Calls for service, both routine and emergency in nature

(d) Investigation of both criminal and non-criminal acts

(e) The apprehension of criminal offenders

(f) Community Oriented Policing and Problem Solving activities such as citizen assists and individual citizen contacts of a positive nature

(g) The sharing of information between the Patrol and other sections within the Department, as well as university entities and other outside governmental agencies.

(h) The application of resources to specific problems or situations within the community, which may be improved or resolved by Community Oriented Policing and problem solving strategies

400.1.2 TERRORISMIt is the goal of the Portland State University-Campus Public Safety Office to make every reasonable effort to accurately and appropriately gather and report any information that may relate to either foreign or domestic terrorism. Officers should advise a supervisor as soon as practicable of any activity believed to be terrorism related and should document such incidents with a written report or Reid Interview (FI). The supervisor should ensure that all terrorism related reports and FIs are forwarded to the patrol Supervisor in a timely fashion.

400.2 PATROL INFORMATION SHARING PROCEDURESThe following guidelines are intended to develop and maintain intra-department cooperation and information flow between the various sections of the Portland State University-Campus Public Safety Office.

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Patrol Function

400.2.1 CRIME REPORTSA crime report may be completed by any patrol officer who receives criminal information. The report will be processed and forwarded to the appropriate section for retention or follow-up investigation.

400.2.2 PATROL BRIEFINGSPatrol supervisors, detective sergeants, and special unit sergeants are encouraged to share information as much as possible. All supervisors and/or officers will be provided an opportunity to share information via the Daily Activity Log, E Mail, and Briefing Board

400.2.3 INFORMATION CLIPBOARDSSeveral information clipboards will be maintained in the squad room and will be available for review by officers from all sections within the Department. These will include, but not be limited to, the patrol check clipboard, the wanted persons clipboard, and the written directive clipboard.

400.2.4 BULLETIN BOARDSA bulletin board will be kept in the squad room and the patrol for display of suspect information, intelligence reports and photographs. New Departmental Directives will be made available for patrol supervisors through memos.

400.3 CROWDS, EVENTS AND GATHERINGSOfficers may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention.

Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns.

Officers should consider enforcement of applicable state and local laws, when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved.


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Policy Manual

Racial/Bias Based Profiling402.1 PURPOSE AND SCOPEThis policy provides guidance to department members and establishes appropriate controls to ensure that employees of the Portland State University-Campus Public Safety Office do not engage in racial- or bias-based profiling or violate any related laws while serving the community.

402.1.1 DEFINITIONDefinitions related to this policy include:

Racial- or bias-based profiling - An inappropriate reliance on factors such as race, ethnicity, national origin, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group as a factor in deciding whether to take law enforcement action or to provide service.

402.2 POLICYThe Portland State University-Campus Public Safety Office is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly and without discrimination toward any individual or group.

Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group shall not be used as the basis for providing differing levels of law enforcement service or the enforcement of the law.

402.3 RACIAL- OR BIAS-BASED PROFILING PROHIBITEDRacial- or bias-based profiling is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering factors such as race or ethnicity in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., suspect description is limited to a specific race or group).

402.4 MEMBER RESPONSIBILITYEvery member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any known instances of racial- or bias-based profiling to a supervisor.

402.4.1 REASON FOR DETENTIONOfficers detaining a person shall be prepared to articulate sufficient reasonable suspicion to justify a detention, independent of the individual's membership in a protected class.

To the extent that written documentation would otherwise be completed (e.g., arrest report, Reid Interview (FI) card), the involved officer should include those facts giving rise to the officer's reasonable suspicion or probable cause for the detention, as applicable.


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Nothing in this policy shall require any officer to document a contact that would not otherwise require reporting.

402.4.2 REPORTING TRAFFIC STOPSEach time an officer makes a traffic stop, the officer shall report (ORS 131.906):

(a) The reason for the stop or other contact.

(b) The officer's perception of the race, color or national origin of the individual involved in the contact.

(c) The individual's gender.

(d) The individual's age.

(e) Whether a search was conducted in connection with the contact, and, if so, what resulted from the search.

(f) The disposition of the enforcement action, if any, resulting from the contact.

(g) Additional data as recommended by the Law Enforcement Contacts Policy and Data Review Committee (LECC).

402.5 SUPERVISOR RESPONSIBILITYSupervisors shall monitor those individuals under their command for any behavior that may conflict with the purpose of this policy and shall handle any alleged or observed violation of this policy in accordance with the Personnel Complaints Policy.

(a) Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner.

(b) Supervisors should periodically review MAV recordings, [MDT/MDC] data and any other available resource used to document contact between officers and the public to ensure compliance with this policy.

1. Supervisors should document these periodic reviews.

2. Recordings that capture a potential instance of racial- or bias-based profiling should be appropriately retained for administrative investigation purposes.

(c) Supervisors shall initiate investigations of any actual or alleged violations of this policy.

(d) Supervisors should ensure that no retaliatory action is taken against any member of this department who discloses information concerning racial- or bias-based profiling.

402.6 STATE REPORTINGThe Administrative Assistant may provide LECC the data collected pursuant to this policy and may request that LECC analyze the data submitted (ORS 131.906).


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402.7 ADMINISTRATIONEach year, the Patrol Lieutenant shall review the efforts of the Department to prevent racial- or bias-based profiling and submit an overview, including public concerns and complaints, to the Director of Public Safety. This report should not contain any identifying information regarding any specific complaint, citizen or officers, it should be reviewed by the Director of Public Safety to identify any changes in training or operations that should be made to improve service.

On an annual basis, this report will be provided to the Public Safety Oversight commitee for their review.

Supervisors shall review the annual report and discuss the results with those they are assigned to supervise.

402.8 TRAININGTraining on racial- or bias-based profiling and review of this policy should be conducted as directed by the Training Sergeant.


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Policy Manual

Crime and Disaster Scene Integrity406.1 PURPOSE AND SCOPEThe protection and integrity of a crime scene is of the utmost importance for the successful apprehension of criminals and successful prosecution. The integrity of a disaster scene is equally as critical for the protection of life and property and investigation by proper authorities.

406.2 CRIME SCENE RESPONSIBILITYThe first officer at the scene of a crime or major incident generally is responsible for the preservation of the scene. Officers shall also consider officer safety and public safety issues, including rendering medical aid to any injured parties. Once an officer has assumed or been assigned to maintain the integrity of the crime/disaster scene the officer shall continue until relieved by a supervisor.

406.2.1 FIRST RESPONDER CONSIDERATIONSThe following list generally describes the first responder's function at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation:

(a) Ensure that no suspects are still within the area.

(b) Broadcast emergency information, including all requests for additional assistance.

(c) Provide first aid to injured parties if it can be done safely.

(d) Secure the inner perimeter with crime scene tape.

(e) Protect items of apparent evidentiary value.

(f) Start a chronological log, noting critical times and personnel allowed access.

406.2.2 MEDIA ACCESSAuthorized and bona fide members of the media shall be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities.

406.2.3 EXECUTION OF HEALTH ORDERSAny sworn member of this department is authorized to execute and enforce lawful orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious or communicable disease.

406.3 SEARCHES AT CRIME OR DISASTER SCENESOfficers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims and determine if suspects are present and continue to pose a threat. Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until proper authority for the search is obtained.

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406.3.1 AUTHORITY TO SEARCHIn order to search, officers must have probable cause to believe that a crime has occurred and evidence of the crime will be found at the location. Absent consent, a search warrant is generally required to authorize continued search once a scene is stabilized.

406.3.2 CONSENTAny person who has an expectation of privacy has standing to object to a search. That may include anyone with a property interest in the location, as well as any resident, tenant, or guest, depending on the circumstances. It may not be possible to identify everyone with standing to object, and from whom consent must be obtained, at the early stages of the investigation. Officers should obtain consent to search from authorized individuals where possible, but should also consider obtaining consent and a search warrant in the case of serious crimes or major investigations.


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Policy Manual

Ride-Along Policy410.1 PURPOSE AND SCOPEThe Ride-Along Program provides an opportunity for citizens to experience the law enforcement function first hand. This policy provides the requirements, approval process, and hours of operation for the Ride-Along Program.

410.1.1 ELIGIBILITYThe Portland State University-Campus Public Safety Office Ride-Along Program is offered to residents, students and those employed within the Campus. Every attempt will be made to accommodate interested persons however any applicant may be disqualified without cause.

The following factors may be considered in disqualifying an applicant and are not limited to:

Being under the age of 15-years

Prior criminal history

Pending criminal action

Pending lawsuit against the Department

Denial by any supervisor

410.1.2 AVAILABILITYThe Ride-Along Program is available on most days of the week, with certain exceptions established by the Director. The ride-along times are from 10:00 a.m. to 11:00 p.m. Exceptions to this schedule may be made as approved by the Director of Public Safety, or Lieutenant.

410.2 PROCEDURE TO REQUEST A RIDE-ALONGGenerally, ride-along requests will be scheduled by the Lieutenant. The participant will complete a ride-along waiver form. Information requested will include a valid ID or Oregon driver's license, address, and telephone number. If the participant is under 18-years of age, a parent/guardian must be present to complete the Ride-Along Form.

The Lieutenant will schedule a date, based on availability, at least one week after the date of application. If approved, a copy will be forwarded to the respective Patrol Sergeant/Lead Worker as soon as possible for his/her scheduling considerations.

If the ride-along is denied after the request has been made, a representative of the Department will contact the applicant and advise him/her of the denial.

410.2.1 PROGRAM REQUIREMENTSOnce approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply with approval of the Lieutenant.


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Ride-Along Policy

An effort will be made to ensure that no more than one citizen will participate in a ride-along during any given time period. Normally, no more than one ride-along will be allowed in the officer's vehicle at a given time.

410.2.2 SUITABLE ATTIREAny person approved to ride along is required to be suitably dressed in collared shirt, blouse or jacket, slacks and shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not permitted. Hats and ball caps will not be worn in the police vehicle. The Patrol Sergeant/Lead Worker may refuse a ride along to anyone not properly dressed.

410.2.3 PEACE OFFICER RIDE-ALONGSOff-duty members of this department or any other law enforcement agency will not be permitted to ride-along with on-duty officers without the expressed consent of the Lieutenant. In the event that such a ride-along is permitted, the off-duty employee shall not be considered on-duty and shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require.

410.2.4 RIDE-ALONG CRIMINAL HISTORY CHECKAll Ride-along applicants are subject to a criminal history check. The criminal history check will include a local records check, and inquiries to the National Crime Information Center (NCIC), Computerized Criminal History (CCH), and a Department of Motor Vehicles (DMV) records checks via the Law Enforcement Data System (LEDS) prior to their approval as a ride-along with a law enforcement officer (provided that the ride-along is not an employee of the Portland State University-Campus Public Safety Office). The printed inquiry responses will be attached to the request and forwarded to the on-duty Patrol Sergeant/Lead Worker who will approve or disapprove the ride-along and schedule the appointment.

410.3 OFFICER'S RESPONSIBILITYThe officer shall advise the dispatcher that a ride-along is present in the vehicle before going into sen/ice. Officers shall consider the safety of the ride-along at all times. Officers should use sound discretion when encountering a potentially dangerous situation, and if feasible, let the participant out of the vehicle in a well-lighted place of safety. The dispatcher will be advised of the situation and as soon as practical have another police unit respond to pick up the participant at that location. The ride-along may be continued or terminated at this time.

The Lieutenant is responsible for maintaining and scheduling ride-alongs. Upon completion of the ride-along, the yellow form shall be returned to the Lieutenant with any comments which may be offered by the officer.

410.4 CONTROL OF RIDE-ALONGThe assigned employee shall maintain control over the ride-along at all times and instruct him/her in the conditions that necessarily limit their participation. These instructions should include:

(a) The ride-along will follow the directions of the officer


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Ride-Along Policy

(b) The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any police equipment

(c) The ride-along may terminate the ride at any time and the officer may return the observer to their home or to the station if the ride-along interferes with the performance of the officer's duties

(d) Ride-alongs may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety

(e) Officers will not allow any ride-alongs to be present in any residences or situations that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other citizen

(f) Under no circumstance shall a civilian ride along be permitted to enter a private residence with an officer without the expressed consent of the resident or other authorized person


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Policy Manual

Hazardous Material Response412.1 PURPOSE AND SCOPEHazardous materials present a potential harm to employees resulting from their exposure. The following is to be the policy of this department.

412.1.1 HAZARDOUS MATERIAL DEFINEDA hazardous material is a substance which by its nature, containment and reactivity, has the capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly managed. See Oregon Revised Statutes 453.005(7) for a complete list.

412.2 HAZARDOUS MATERIAL RESPONSEEmployees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill, or fire. When employees come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and citizens.

The following steps should be considered at any scene involving suspected hazardous materials:

(a) Attempt to identify type of hazardous substance, (identification can be determined by placard, driver's manifest or statements from person transporting).

(b) Notify Fire Department.

(c) Notify Facilities-University Environmental Health and Safety Office

(d) Provide first-aid for injured parties if it can be done safely and without contamination.

(e) Begin evacuation of immediate area and surrounding areas dependent on substance.

412.3 REPORTING EXPOSURE(S)Department personnel who believe that they have been exposed to a hazardous material shall immediately report the exposure to a Patrol Sergeant/Lead Worker Each exposure shall be documented by the employee in an employee memorandum that shall be forwarded via chain of command to the Commanding Officer. Should the affected employee be unable to document the exposure for any reason, it shall be the responsibility of the notified Patrol Sergeant/Lead Worker to complete the memorandum.

Injury or illness caused or believed to be caused from exposure to hazardous materials shall be reported the same as any other on-duty injury or illness in addition to a crime report or incident report.

412.3.1 SUPERVISOR RESPONSIBILITYWhen a Patrol Sergeant/Lead Worker has been informed that an employee has been exposed to a hazardous material, he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure.

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Hazardous Material Response

To ensure the safety of employees, safety equipment is available through supervisory personnel. Safety items not maintained by the Department will be obtained through the Fire Department or university facilities.

The employee or employees Patrol Sergeant/Lead Worker if the employee is unable, will complete a Workers Compensation form if an injury is diagnosed Oregon Revised Statutes 656.265. If an injury is not apparent but exposure to a hazardous substance is possible, the employee will complete an incident report indicating the circumstances of the event and the potential of an exposure.


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Policy

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Policy Manual

Hostages and Barricaded Suspects414.1 PURPOSE AND SCOPEThe purpose of this policy is to provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage.

The scope of this policy is not intended to address all variables that officers encounter during their initial response or when a hostage or barricade situation has developed. This policy does not require or purport to recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event.

414.1.1 DEFINITIONSDefinitions related to this policy include:

Barricade situation - An incident where a person maintains a position of cover or concealment and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is armed with a dangerous or deadly weapon.

Hostage situation - An incident where it is reasonable to believe a person is unlawfully held by a hostage-taker as security so that specified terms or conditions will be met.

414.2 POLICYIt is the policy of the Portland State University-Campus Public Safety Office to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence.

414.3 COMMUNICATIONWhen circumstances permit, initial responding officers should try to establish and maintain lines of communication with a barricaded person or hostage-taker. Officers should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time-sensitive demands or conditions and obtain the suspect's surrender.

When available, department-authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators are permitted to exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions or demands and the available resources.

414.3.1 EMERGENCY COMMUNICATIONSA supervisor who has probable cause to believe that a hostage is being held may order a telephone company to cut, reroute or divert telephone lines to prevent a suspect from communicating with anyone other than officers or other designated individuals (ORS 165.549).

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Hostages and Barricaded Suspects

414.4 FIRST RESPONDER CONSIDERATIONSFirst responding officers should promptly and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation.

The first responding officer should immediately request a supervisor's response as soon as it is determined that a hostage or barricade situation exists. The first responding officer shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer shall continually evaluate the situation, including the level of risk to officers, to the persons involved and to bystanders, and the resources currently available.

The handling officer should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas.

414.4.1 BARRICADE SITUATIONUnless circumstances require otherwise, officers handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators. During the interim the following options, while not all-inclusive or in any particular order, should be considered:

(a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance.

(b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving.

(c) Request additional personnel, resources and equipment as needed (e.g., canine team, air support).

(d) Provide responding emergency personnel with a safe arrival route to the location.

(e) Evacuate non-injured persons in the immediate threat area if it is reasonably safe to do so.

(f) Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries.

(g) Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access.

(h) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information.

(i) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Director.

(j) If necessary and available, establish a tactical or exclusive radio frequency for the incident.

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(k) Establish a command post.

414.4.2 HOSTAGE SITUATIONOfficers presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that officers react quickly to developing or changing threats. The following options while not all-inclusive or in any particular order, should be considered:

(a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance.

(b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving.

(c) Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy).

(d) Assist hostages or potential hostages to escape if it is reasonably safe to do so. Hostages should be kept separated if practicable pending further interview.

(e) Request additional personnel, resources and equipment as needed (e.g., canine team, air support).

(f) Provide responding emergency personnel with a safe arrival route to the location.

(g) Evacuate non-injured persons in the immediate threat area if it is reasonably safe to do so.

(h) Coordinate pursuit or surveillance vehicles and control of travel routes.

(i) Attempt or obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information.

(j) Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access.

(k) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information.

(I) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Director.

(m) If necessary and available, establish a tactical or exclusive radio frequency for the incident.


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414.5 SUPERVISOR RESPONSIBILITIESUpon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting a Crisis Response Unit (CRU) response if appropriate and apprising the CRU Commander of the circumstances. In addition, the following options, listed here in no particular order, should be considered:

(a) Ensure injured persons are evacuated and treated by medical personnel.

(b) Ensure the completion of necessary first responder responsibilities or assignments.

(c) Request crisis negotiators, specialized units, additional personnel, resources or equipment as appropriate.

(d) Establish a command post location as resources and circumstances permit.

(e) Designate assistants who can help with intelligence information and documentation of the incident.

(f) If it is practicable to do so, arrange for video documentation of the operation.

(g) Consider contacting utility and communication providers when restricting such services (e.g., restricting electric power, gas, telephone service).

(h) Ensure adequate law enforcement coverage for the remainder of the Campus during the incident. The supervisor should direct non-essential personnel away from the scene unless they have been summoned by the supervisor or Dispatch.

(i) Identify a media staging area outside the outer perimeter and have the department Director or a designated temporary media representative provide media access in accordance with the News Media Relations Policy.

(j) Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration.

(k) Debrief personnel and review documentation as appropriate.

414.6 CRISIS RESPONSE UNIT RESPONSIBILITIESIt will be the Incident Commander’s decision, with input from the CRU Commander, whether to deploy the CRU during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the CRU Commander or the authorized designee will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security and evacuation, media access and support for the CRU. The Incident Commander and the CRU Commander or the authorized designee shall maintain communications at all times.

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414.7 REPORTINGUnless otherwise relieved by a supervisor or Incident Commander, the handling officer at the scene is responsible for completion and/or coordination of incident reports.

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Policy Manual

Response to Bomb Calls416.1 PURPOSE AND SCOPEThese guidelines have been prepared to assist officers in their initial response to incidents involving explosives, explosive devices, or explosion/bombing incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety shall always be the primary consideration.

416.2 FOUND EXPLOSIVES/SUSPECT DEVICESWhen handling an incident involving a suspected explosive device, the following guidelines should be followed:

(a) No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. The appropriate bomb squad or military explosive ordnance disposal team should be summoned for assistance.

(b) A minimum perimeter of 300 feet should be established around the location of the device. An access point should be provided for support personnel.

(c) As much information as is available should be promptly relayed to the Patrol Sergeant including:

1. The stated threat.

2. Exact comments.

3. Time of discovery.

4. Exact location of the device.

5. Full description (e.g., size, shape, markings, construction) of the device.

(d) The device should not be touched or moved except by qualified bomb squad personnel.

(e) All equipment within 300 feet of the suspected device capable of producing radio frequency energy should be turned off. This includes two-way radios, cell phones and other personal communication devices.

(f) Consideration should be given to evacuating any buildings near the device.

(g) A search of the area should be conducted for secondary devices or other objects that are either hazardous or foreign to the area and a perimeter should be established around any additional suspicious device found.

Explosive or military ordnance of any type should be handled only by the bomb squad or military ordnance disposal team.

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Response to Bomb Calls

416.3 EXPLOSION/BOMBING INCIDENTSWhen an explosion has occurred, there are multitudes of considerations which may confront the responding officers. As in other catastrophic incidents, a rapid response may help to minimize injury to victims, contamination of the scene by gathering crowds or additional damage by resulting fires or unstable structures. Whether the explosion was the result of an accident or a criminal act, the responding officers should consider the following actions:

Assess the scope of the incident, including the number of victims and extent of injuries.

Assist with first aid (Fire Department has primary responsibility).

Assist with evacuation of victims (Fire Department has primary responsibility).

Identify and take appropriate actions to mitigate scene hazards such as collapsed structures, blood borne pathogens, hazardous materials and secondary explosive devices.

Request additional resources as needed.

Identify witnesses.

Presen/e evidence.

416.3.1 NOTIFICATIONSWhen an explosion has occurred, the following people shall be notified as soon as practicable if their assistance is needed:

(a) Fire Department

(b) Emergency Medicaf assistance

(c) Portland Police Bureau

(d) Explosive Disposal Unit

(e) Additional officers

(f) Patrol Sergeant

416.3.2 CROWD CONTROLOnly authorized personnel with a legitimate need shall be permitted access to the scene. Spectators and other unauthorized individuals shall be excluded to a safe distance as is reasonably practicable given the available resources and personnel.

416.3.3 SCENE OF INCIDENTAs in any other crime scene, steps should immediately be taken to preserve the scene. The scene could extend over a long distance. Evidence may be imbedded in nearby structures or hanging in trees and bushes.

416.4 BOMB THREATS RECEIVED AT POLICE FACILITYThis procedure shall be followed should a bomb threat call be received at the police facility.


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416.4.1 BOMB THREATS RECEIVED BY TELEPHONEThe following questions should be asked if a bomb threat call is received at the Police Department:

When is the bomb going to explode?

Where is the bomb?

What kind of bomb is it?

What does it look like?

Why did you place the bomb?

Who are you? (to avoid possible termination of the call this should be the last question asked)

Attempt to keep the caller on the line as long as possible and obtain expanded answers to these five basic questions.

During this time, document the following:

Time of the call.

Exact words of the person as accurately as possible.

Estimated age and gender of the caller.

Speech patterns and/or accents.

Background noises.

If the incoming call is received at the police facility on a recorded line, steps shall be taken to ensure that the recording is preserved in accordance with current department evidence procedures.

416.4.2 RESPONSIBILITIESThe employee handling the call shall ensure that the Patrol Sergeant/Lead Worker is immediately advised and fully informed of the details. The Patrol Sergeant will then confer with the Lieutenant to direct and assign officers as required for coordinating a general building search or evacuation as he/she deems appropriate..

Decisions to evacuate will be made by senior administrators at Portland State University. This decision should include the specificity of the threat, whether the information is actionable, and whether other information is available that would add credibility. A blanket decision to evacuate on a single source, non specific bomb threat is contrary to best practices, and may not increase the safety of university students, staff and faculty, as well as serve to accomplish the goals of persons initiating hoax bomb threats.

Bomb threat cards are available on the EHS website and in the Emergency Response Flip Charts distributed throughout campus. Additionally, Emergency Manager Bryant Haley has provided specific Bomb Threat Checklists to areas that are most likely to receive a threat.


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Protocol:

(a) Record information on the Bomb Threat checklist.(b) Notify Campus Public Safety(c) Campus Public Safety will:

1. Notify BOEC for consultation with PPB EOD2. Notify CPSO Senior Staff3. CPSO Senior Staff will notify VPFAM4. VPFADM will decide

i. ERT Activation

ii. PSU Alert

(a) If the threat is specific and actionable, CPSO will search the immediate and public areas.(b) If a suspicious object or device is located:

i. Do not touch

ii. Notify EOD

iii. Evacuate area.

(a) Any other evacuation decisions will be made by VPFADM


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Policy Manual

Civil Commitments418.1 PURPOSE AND SCOPEThis procedure describes an officer's duties when a person is to be committed to a mental health unit pursuant to Oregon Revised Statues 426.070 to 426.228. The commitment of a person to a treatment facility or other confinement is controlled by Oregon Revised Statutes 426.070 through 426.225. Oregon Revised Statutes 426.228 authorizes peace officers to take mentally ill persons into custody. By statue, Special Campus Public Safety Officers are defined separate from Peace Officers, and do not have this authority pursuant to Oregon Revised Statutes 426.070 to 426.228.

418.2 POLICYIt is the policy of the Portland State University-Campus Public Safety Office to protect the public and individuals through legal and appropriate use of the civil commitment process.

418.3 AUTHORITYAn officer shall also take a person into custody at the direction of the community mental health program director when the director has probable cause to believe the person is imminently dangerous to him/herself or to another person. The director is mandated to prepare a report for the officer to deliver to the treating physician (ORS 426.228(2)).

The officer shall transport the person in custody to the nearest facility approved by the Oregon Health Authority (OHA) or will transfer custody of the person to a mental health representative authorized under ORS 426.233(3). At the facility or upon transfer, the officer shall ensure that a report is prepared and delivered to the treating physician or the person taking custody. The report shall state (ORS 426.228)

(a) The reason for the custody.(b) The date, time and place the person was taken into custody.(c) The name and phone number of the Community Mental Health Director.

If, upon delivery of the person to the facility, the attending physician finds the person is not in need of emergency care or treatment for mental illness, the person is to be released from custody. The officer or the program director shall return the person to the place where he/she was taken into custody, unless the person declines that sen/ice.

418.3.1 VOLUNTARY EVALUATIONIf officers encounter an individual who may qualify for a civil commitment, they may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the individual so desires, the officers should:

(a) Transport the individual to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to a civil commitment.

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Civil Commitments

(b) If at any point the individual changes his/her mind regarding voluntary evaluation, officers should proceed with the civil commitment, if appropriate.

(c) Document the circumstances surrounding the individual's desire to pursue voluntary evaluation and/or admission.

418.3.2 EXTREMELY DANGEROUS PERSONSAn officer may take into custody an individual on conditional release from a state hospital pursuant to an order of revocation. The written order does not have to be in the possession of the officer, and may be confirmed through the Law Enforcement Data System (LEDS) (OAR 859-200-310).

A person may be taken into custody if all of the following conditions apply (OAR 859-200-0305):

(a) An officer has reasonable cause to believe the individual is an extremely dangerous person with a mental illness (as defined by OAR 859-200-0020)

(b) The person presents a serious danger to others because of a mental disorder(c) The person is in need of immediate care, custody or treatment(d) The person has been civilly committed to the jurisdiction of the Psychiatric Security Review

Board by a court

The officer shall transport the individual to a state hospital operated by the Oregon Health Authority (OAR 859-200-0310).

418.4 CONSIDERATIONS AND RESPONSIBILITIESAny officer handling a call involving an individual who may qualify for a civil commitment should consider, as time and circumstances reasonably permit:

(a) Available information that might assist in determining the cause and nature of the individual’s action or stated intentions (e.g., information from LEDS).

(b) Community or neighborhood mediation services.

(c) Conflict resolution and de-escalation techniques.

(d) Available community or other resources available to assist in dealing with mental health issues.

While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others.

Civil commitments should be preferred over arrest for individuals with mental health issues, who are suspected of committing minor crimes or creating other public safety issues.

Officers responding to reports of persons affected by mental illness or experiencing a mental health crisis should be familiar with and refer to policy 320.

Printed Date: 2015/02/056 1995-2015 Lexipol, LLC

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Civil Commitments

418.4.1 FOREIGN NATIONALSIf an officer takes a person into custody for a civil commitment and reasonably suspects that the person is a foreign national, the officer shall inform the person of his/her right to communicate with an official from the consulate of the person's country (ORS 426.228(9)).

418.5 TRANSPORTATIONWhen transporting any individual for a civil commitment, the transporting officer should have Dispatch notify the receiving facility of the estimated time of arrival, the level of cooperation of the individual and whether any special medical care is needed.

Officers may transport individuals in a patrol vehicle and shall secure them in accordance with the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport vehicle and the safety of any person, including the detainee, requires the presence of an officer during the transport, Patrol Sergeant approval is required before transport commences.

418.5.1 CLEARANCE REQUIREDIf transportation to an appropriate facility will require more than one hour to accomplish, the transporting officer must obtain, if possible, medical clearance from an attending physician who has examined the person within the last 24 hours who certifies that the person is in need of immediate care or treatment for mental illness and that travel will not be detrimental to the person's physical health (ORS 426.228(3)).

418.6 TRANSFER TO APPROPRIATE FACILITYUpon arrival at the facility, the officer will escort the individual into a treatment area designated by a facility staff member. If the individual is not seeking voluntary treatment, the officer should provide the staff member with the written application for a civil commitment and remain present to provide clarification of the grounds for detention, upon request.

Absent exigent circumstances, the transporting officer should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported and delivered while restrained, the officer may assist with transferring the individual to facility restraints and will be available to assist during the admission process, if requested. Under normal circumstances, officers will not apply facility-ordered restraints.

418.7 DOCUMENTATIONThe officer should complete an application for emergency admission, provide it to the facility staff member assigned to the individual and retain a copy of the application for emergency admission for inclusion in the case report.

The officer should also provide a verbal summary to any evaluating staff member regarding the circumstances leading to the involuntary detention.

418.7.1 REQUIREMENTSOfficers shall use OHA form MHD 426.228 or otherwise ensure that the report states (ORS 426.228):


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Civil Commitments

(a) The reason for custody.

(b) The date, time and place the person was taken into custody.

(c) The name and telephone number of the community mental health director.

418.8 CRIMINAL OFFENSESOfficers investigating an individual who is suspected of committing a minor criminal offense and who is being taken for a civil commitment should resolve the criminal matter by issuing a citation, as appropriate.

When an individual who may qualify for a civil commitment has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should:

(a) Arrest the individual when there is probable cause to do so.

(b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the civil commitment.

(c) Facilitate the individual’s transfer to the jail facility.

(d) Thoroughly document in the related reports the circumstances that indicate the individual may qualify for a civil commitment.

In the supervisor's judgment, the individual may be arrested or booked and transported to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this department to regain custody of the individual, department resources (e.g., posting a guard) and other relevant factors in making this decision.

418.9 FIREARMS AND OTHER WEAPONSWhenever an individual is taken into custody for a civil commitment, the handling officers should seek to determine if the individual owns or has access to any firearm or other deadly weapon. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g. safekeeping, evidence, consent).

Officers are cautioned that a search warrant may be needed before entering a residence or other place to search, unless lawful, warrantless entry has already been made (e.g., exigent circumstances, consent). A warrant may also be needed before searching for or seizing weapons.

The handling officers should further advise the individual of the procedure for the return of any firearm or other weapon that has been taken into custody.

418.10 TRAININGThis department will endeavor to provide department-approved training on interaction with mentally disabled persons, civil commitments and crisis intervention.


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Policy Manual

Citation Releases420.1 PURPOSE AND SCOPEPursuant to Oregon Revised Statutes 133.055, officers may issue a criminal citation to a person if the officer has probable cause to believe that the person has committed a misdemeanor or has committed a felony that is subject to misdemeanor treatment under Oregon Revised Statutes 161.705.

420.2 STATUTORY REQUIREMENTSOfficers will cite offenders into the court before which they would appear if arrested. The citations must specify the time, date and court of appearance, and the court date shall not be later than 30 days after the citation was issued (Oregon Revised Statutes 133.055 and 133.060).

420.2.1 DISCRETION TO ARRESTWhile this department recognizes the statutory power of Special Campus Public Safety Officers to make arrests officers are encouraged to use sound discretion in the enforcement of the law. On-duty arrests will generally be made on university owned and controlled property. On-duty officers who discover criminal activity outside the jurisdiction of the Campus should consider contacting the agency having primary jurisdiction, when circumstances permit, before attempting an apprehension.

Off-duty officers observing criminal activity should generally take enforcement action only when it reasonably appears that imminent risk to life or property exists and the reasonable opportunity does not exist to contact the law enforcement agency with primary jurisdiction, with the recognition that, by statute, their legal authority is limited

420.3 DEPARTMENT PROCEDUREThe following procedure will be followed to comply with this law.

420.3.1 FIELD CITATIONSUpon obtaining satisfactory identification and verifying that there are no outstanding warrants for the individual, officers may issue citations to a person upon probable cause to believe that the person has committed a misdemeanor or has committed a felony subject to misdemeanor treatment under ORS 161.705, unless there is a disqualifying reason making the person ineligible for citation (ORS 133.055).

420.3.2 FINGERPRINTS AND PHOTOGRAPHSIn certain cases, it may appropriate to fingerprint and photograph persons prior to citing and releasing them. In such cases, the person shall be taken into custody and transported to the Multnomah County Detention Center for that purpose, after which, they may be issued a citation and released.


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Citation Releases


420.3.3 DISQUALIFYING CIRCUMSTANCESIn certain circumstances, cite and release may not be appropriate. Those situations include:

(a) Oregon Revised Statutes 133.055 specifically exempts persons arrested for assault or menacing at the scene of a domestic violence complaint. Those persons must be physically taken into custody and shall be transported and lodged at the jail.

(b) The person has outstanding warrants for his or her arrest.

(c) The person cannot satisfactorily identify themselves.

(d) The investigation or prosecution of the offense or offenses for which the person was arrested, or the investigation or prosecution of any other offense or offenses, would be jeopardized by the immediate release of the person arrested.

(e) There is a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the person arrested.

(f) The person has indicated they will not appear or there is other reason to believe that the person would not appear at the time and place specified in the citation. The basis for this determination shall be specifically stated such as:

1. Previous history of failure to appear is on record.

2. the person lacks ties to the area, such as a residence, job or family.

3. The person initially provided a false name or identification or has previously used false names to avoid prosecution.

(g) The person arrested is so intoxicated that he/she could be a danger to himself/herself or to others. (Release may occur as soon as this condition no longer exists).

(h) Unusual circumstances lead the officer to conclude that the suspect should be held for further investigation.

When a person is arrested on a misdemeanor offense and is not released by criminal citation, the reason for non-release shall be noted in the custody report.

420.3.4 INSTRUCTIONS TO CITED PERSONThe citing officer shall call attention to the time and place for appearance and take any other steps he/she deems necessary to ensure that the defendant understands his/her written obligation to appear.

420.4 CITATION RELEASE ON WARRANTSIf the offense is not excluded under Oregon Revised Statutes 133.055, the court may authorize an officer to issue and serve a criminal citation in lieu of arrest {Oregon Revised Statutes 133.110). Officers should not issue citations under the following circumstances:

(a) The crime cited in the warrant involves violence.


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Citation Releases


(b) The crime cited in the warrant involves a firearm.

(c) The crime cited in the warrant involves resisting arrest.

(d) The crime cited in the warrant involves giving false information to an officer.

(e) The person arrested is a danger to himself or herself or others due to intoxication or being under the influence of drugs or narcotics.

(f) The person requires medical examination or medical care or was otherwise unable to care for his or her own safety.

(g) The person has other ineligible charges pending against him/her.

(h) There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the person.

(i) The person indicated they will not appear if released on a citation.

(j) The person cannot provide satisfactory evidence of personal identification.

(k) The warrant of arrest does not indicate that the person is eligible to be released on a notice to appear.

Release under this section shall be done in accordance with the provisions of this section.

420.5 JUVENILE CITATIONSCompletion of criminal citations for juveniles is generally not appropriate. All other misdemeanor violations for juveniles shall be documented with a case number and the case should be referred to the juvenile department for further action.

420.6 REQUESTING CASE NUMBERSFor state misdemeanors and qualified felonies, and all citations subsequent to the service of an arrest warrant, case numbers will be drawn. If the incident involves a citation issued subsequent to the service of a local arrest warrant where an Portland State University-Campus Public Safety Office case number already exists, that case number shall be used.


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Policy

422


Policy Manual

Arrest or Detention of Foreign Nationals422.1 PURPOSE AND SCOPEArticle 36 of the Vienna Convention on Consular Relations, sets forth certain rights of foreign nationals from member countries when arrested, detained or imprisoned by law enforcement officials in this country. This section provides direction to officers when considering a physical arrest or detention of a foreign national. All foreign service personnel shall be treated with respect and courtesy, regardless of the level of established immunity. As noted herein, the United States is a party to several bilateral agreements that obligate our authorities to notify the consulate upon the person's detention, regardless of whether the detained person(s) request that his or her consulate be notified. The list of specific countries that the United States is obligated to notify is listed on the US Department of State website.

422.1.1 DEFINITIONSForeign National - Anyone who is not a citizen of the United States (U.S.). A person with dualcitizenship, U.S. and foreign, is not a foreign national.

Immunity - Refers to various protections and privileges extended to the employees of foreign governments who are present in the U.S. as official representatives of their home governments. These privileges are embodied in international law and are intended to ensure the efficient and effective performance of their official #missions# (i.e., embassies, consulates, etc.) in foreign countries. Proper respect for the immunity to which an individual is entitled is necessary to ensure that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S. personnel abroad. Although immunity may preclude U.S. courts from exercising jurisdiction, it is not intended to excuse unlawful activity. It is the policy of the U.S. Department of State's Office of Foreign Missions (OFM) that illegal acts by Foreign Service personnel should always be pursued through proper channels. Additionally, the host country's right to protect its citizens supersedes immunity privileges. Peace officers may intervene to the extent necessary to prevent the endangerment of public safety or the commission of a serious crime, regardless of immunity claims.

422.2 ARREST OR DETENTION OF FOREIGN NATIONALSOfficers should take appropriate enforcement action for all violations observed, regardless of claims of diplomatic or consular immunity received from violators. A person shall not, however, be subjected to in-custody arrest when diplomatic or consular immunity is claimed by the individual or suspected by the officer, and the officer has verified or reasonably suspects that the claim of immunity is valid.

422.3 LEVELS OF IMMUNITYThe specific degree of immunity afforded to foreign service personnel within the U.S. is directly related to their function and position in this country.


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Arrest or Detention of Foreign Nationals

422.3.1 DIPLOMATIC AGENTSDiplomatic agents (e.g., ambassadors and United Nations representatives) are afforded the highest levels of immunity. They are exempt from arrest or detention and are immune from all criminal (and most civil) prosecution by the host state. The family members of diplomatic agents enjoy these same immunities.

422.3.2 CONSULAR OFFICERSConsular officers are the ranking members of consular posts who perform various formal functions on behalf of their own governments. Typical titles include consul general, consul, and vice consul. These officials are immune from arrest or detention, except pursuant to a felony warrant. They are only immune from criminal and civil prosecution arising from official acts. Official acts immunity must be raised as an affirmative defense in the court jurisdiction, and its validity is determined by the court. Under this defense, the prohibited act itself must have been performed as an official function. It is not sufficient that the consular agent was on-duty or in an official capacity at the time of the violation. The family members of consular officers generally enjoy no immunity, however, any family member who enjoys a higher level of immunity is issued an identification card by Department of State (DOS) enumerating any privileges or immunities on the back of the card. Examples are consular officers and family members from Russia or China.

422.3.3 HONORARY CONSULSHonorary consuls are part-time employees of the country they represent and are either permanent residents of the U.S. or U.S. nationals (unlike career consular officers, who are foreign nationals on temporary assignment to the U.S.). Honorary consuls may be arrested and detained; limited immunity for official acts may be available as a subsequent defense. Family members have no immunity.

422.4 IDENTIFICATIONAll diplomatic and consular personnel who are entitled to immunity are registered with the Department of State and are issued distinctive identification cards by the Department of State Protocol Office. These cards are the best means of identifying Foreign Service personnel. They include a photograph, identifying information, and, on the reverse side, a brief description of the bearer's immunity status. Unfortunately, these identification cards are not always promptly issued by the Department of State. In addition to the Department of State identification card, Foreign Service personnel should also have a driver license issued by the Department of State Diplomatic Motor Vehicle Office (DMVO), which in most circumstances replaces the operator's license issued by the state.

422.4.1 VEHICLE REGISTRATIONVehicles that are owned by foreign missions or Foreign Service personnel and their dependents are registered with the Department of State OFM and display distinctive red, white, and blue license plates. Vehicles assigned to diplomatic or consular officers will generally have license plates labels with the words #diplomat# or #consul.# Vehicles owned by honorary consuls are not issued OFM license plates; but may have Oregon license plates with an #honorary consul#


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label. Driver's identity or immunity status should not be presumed from the type of license plates displayed on the vehicle. The status of an OFM license plate should be run via the National Law Enforcement Telecommunications System (NLETS), designating #US# as the state, if the officer has reason to question the legitimate possession of the license plate.

422.5 ENFORCEMENT PROCEDURESThe following procedures provide a guideline for handling enforcement of foreign nationals:

422.5.1 CITABLE OFFENSESAn enforcement document shall be issued at the scene for all violations warranting such action, regardless of the violator's immunity status. The issuance of a citation is not considered an arrest or detention under current Department of State guidelines. Whenever the equivalent of a notice to appear is issued to an immunity claimant, the following additional procedures shall be followed by the arresting officer:

(a) Identification documents are to be requested of the claimant

(b) The title and country represented by the claimant are to be recorded on the back of the officer’s copy of the Notice to Appear for later reference. Do not include on the face of the notice to appear

(c) The violator shall be provided with the appropriate copy of the notice to appear

422.5.2 IN-CUSTODY ARRESTSDiplomatic agents and consular officers are immune from arrest or detention (unless they have no identification and the detention is to verify their diplomatic status). Proper identification of immunity claimants is imperative in potential in-custody situations. Claimants who are not entitled to immunity shall be placed in custody in accordance with the provisions outlined in Policy Manual § 422.6 of this policy.

A subject who is placed under arrest and claims diplomatic or consular immunity shall not be physically restrained before verification of the claim (unless restraint is necessary for the protection of the officer or others.)

A Patrol Sergeant/Lead Worker shall be promptly notified and should respond to the scene when possible.

Field verification of the claimant’s identity is to be attempted as follows:

(a) Identification cards issued by the Department of State, Protocol Office, are the only valid evidence of diplomatic or consular immunity. The following types of identification cards are issued: Diplomatic (blue bordered), Consular (red bordered), and Official (green bordered), The Department of State identification cards are 3-3/4 inch by 1-1/2 inch and contain a photograph of the bearer.

(b) Initiate telephone verification with the Department of State. Newly arrived members of diplomatic or consular missions may not yet have official Department of State identity



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documents. Verify immunity by telephone with the Department of State any time an individual claims immunity and cannot present satisfactory identification, the officer has reason to doubt the claim of immunity, or there is a possibility of physical arrest. Law enforcement personnel should use the following numbers in order of preference:

Office of Foreign Missions

San Francisco, CA

(415) 744-2910, Ext.. 22 or 23

(415) 744-2913 FAX

(0800-1700 PST)

Office of Foreign Missions

Diplomatic Motor Vehicle Office

Washington D.C.

(202) 895-3521 (Driver License Verification) or

(202) 895-3532 (Registration Verification)

(202) 895-3533 FAX

(0815-1700 EST)

Diplomatic Security Service

915 Second Avenue, Room 3410

Seattle, WA 98174

(206) 220-7721

(206) 220-7723 FAX

Department of State

Diplomatic Security Service

Command Center

Washington D.C.

(202) 647-7277

(202) 647-1512

(Available 24 hours)

(202) 647-0122 FAX

Members of diplomatic or consular missions also may have other forms of identification. These include identification cards issued by Office of Emergency Services, local law enforcement agencies, the foreign embassy, or consulate; driver licenses issued by Department of State; and, Department of State license indicia on the vehicle. All these items are only an indication that the bearer may have some form of immunity.

Subjects verified through the above procedures as being officials entitled to immunity (diplomatic agent, consular officers and consular staff and family members from countries with which the U.S. has special agreements) may not be arrested. The procedures below shall be followed. These procedures should also be used in the event immunity cannot be verified, but another form of identification indicates that immunity is probable.

If the release of the violator will not create an additional hazard, adequate information to properly identify the violator shall be obtained then the official shall be released. A Patrol Sergeant/Lead Worker approval for the release shall be obtained whenever possible. The necessary release documents and/or a Certificate of Release form should only be issued under the proper conditions.

If the violator appears to have been driving while under the influence, field sobriety tests, including Preliminary Alcohol Screening (PAS) device tests and chemical tests should be offered and obtained whenever possible, however, these tests cannot be compelled. The subject shall not be



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permitted to drive. A Patrol Sergeant/Lead Worker approval for release shall be obtained whenever possible and alternative transportation should be arranged.

All facts of the incident shall be documented in accordance with this policy in a Driving Under the Influence (DUI) Arrest-lnvestigation Report, Arrest-lnvestigation Report and/or any other relevant Report form. Notwithstanding the field release of the subject, prosecution is still appropriate and should be pursued by the command concerned. The Department of State will take appropriate sanctions against errant foreign service personnel, even where prosecution is not undertaken by the agency.

422.6 TRAFFIC COLLISIONSPersons involved in traffic collisions who possess a Department of State OFM Diplomatic Driver License, issued by the DM VO, shall have #D# coded in the license #class# box of the Traffic Collision Report. If subsequent prosecution of the claimant is anticipated, the claimant's title, country, and type of identification presented should be recorded for future reference. Issuance of a citation to, or arrest of, an immunity claimant at the accident scene should be handled in accordance with the procedures specified in Policy Manual § 422.5 of this chapter.

422.6.1 VEHICLESVehicles, which are owned by subjects with full immunity, may not be searched, stored, or impounded without the owner’s permission. (Such permission may be assumed if the vehicle has been stolen.) These vehicles may, however, be towed the necessary distance to remove them from obstructing traffic or creating any other hazard.

422.6.2 REPORTSA photocopy of each traffic collision report involving an identified diplomat and/or immunity claimant shall be forwarded to the office of the Director of Public Safety within 48 hours whether or not the claim is verified. The words "Immunity Claim11 shall be marked on the photocopy, together with a notation of the claimant's title, country, and type of identification presented (if applicable). In addition to the report, a follow-up cover memorandum should be submitted if the violation was flagrant, if the claimant was uncooperative, or if there were any other unusual aspects of the enforcement contact that should be reported to the Department of State for further action. The Patrol Sergeant/Lead Worker apprised of the incident/accident shall also send a copy of all documents and reports submitted by the investigating officer along with any Patrol Sergeant/Lead Worker notes, materials and/or iogs to the Director of Public Safety’s office within 48 hours of the incident. The Director of Public Safety's office will check to ensure that notification of Department of State and all necessary follow-up occur.

422.7 FOREIGN NATIONALS WHO DO NOT CLAIM IMMUNITYOfficers may only arrest foreign nationals not claiming diplomatic or consular immunity under the following circumstances:

(a) There is a valid warrant issued for the person's arrest


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(b) There is probable cause to believe that the foreign national has violated a federal criminal law, a state law, or a local ordinance

(c) Officers shall not arrest foreign nationals solely for alleged undocumented entry into the United States.

Because undocumented presence is strictly a federal civil violation, it is only enforceable by federal officers therefore officers of this department shall not arrest foreign nationals solely for undocumented presence. Officers shall not stop or detain persons solely for determining immigration status.

422.7.1 ARREST PROCEDUREWhenever an officer physically arrests or detains an individual for criminal investigation and the officer reasonably believes the person to be a foreign national, the officer shall inquire to determine the person's citizenship.

This procedure applies to detentions of more than two hours. An inquiry is not required if the individual is detained less than two hours for criminal investigation.

If the individual indicates that he/she is other than a U.S. citizen, the officer shall advise the individual that he/she has a right to have the nearest appropriate embassy or consulate notified of the arrest/detention (Vienna Convention on Consular Relations, Art. 36, (1969)).

If the individual requests such notification, the officer shall contact Dispatch as soon as practical and request the appropriate embassy/consulate be notified. Officers shall provide Dispatch with the following information concerning the individual:

Country of citizenship

Full name of individual, including paternal and maternal surname, if used

Date of birth or age

Current residence

Time, date, place, location of incarceration/detention and the 24-hour telephone number of the place of detention if different from the Department itself

If the foreign national claims citizenship of one of the countries listed by the US Department of State as requiring mandatory consular notification, officers shall provide Dispatch with the information above as soon as practical whether or not the individual desires the embassy/consulate to be notified. This procedure is critical because of treaty obligations with the particular countries. The list of mandatory notification countries and jurisdictions can be found on the US Department of State website.

422.7.2 DOCUMENTATIONOfficers shall document on the face page and in the narrative of the appropriate Arrest- lnvestigation Report the date and time Dispatch was notified of the foreign national's arrest/ detention and his/her claimed nationality.


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Policy

424


Policy Manual

ACTIVE SHOOTER424.1 PURPOSE AND SCOPE

Violence in schools, workplaces and other locations by any individual or group of individuals presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist responding as they make decisions in these rapidly unfolding and tense situations.The purpose of this policy is to provide protocols for assessing the threat and performing rapid intervention tactics to limit serious injury or loss of life during active shooter situations. While the term “active shooter” is used throughout, this policy applies to all situations where there is an active, ongoing deadly threat, to include those from firearms, explosives, knives, and so forth.

424.2 POLICYIt is the policy of this department in situations where ongoing deadly force is reasonably likely to be employed by a suspect—and delay in taking police action could result in injury or death that rapid intervention of officers at the scene is authorized when such actions are deemed reasonable to prevent further injuries or loss of life.

Nothing in this policy shall preclude the use of necessary force, deadly or otherwise, by members of this department in protecting themselves or others from death or serious injury.

424.2.1 DEFINITIONSActive Shooting: An incident, normally in a confined and populated area, in which one or more armed persons have used, or are reasonably likely to use, deadly force in an ongoing manner, and where persons have been injured, killed, or are under imminent threat of death or serious bodily harm by such persons.

Rapid Intervention: Immediate response by one or more officers to an active shooting based on a reasonable belief that failure to take action pending the arrival of additional officers would result in death or serious bodily injury.

Contact Team: The first officer(s) at the scene of an active shooting tasked with locating the suspect(s) and neutralizing the threat.

Rescue and Recovery Team: An organized team of officers who make entry after the contact team to provide first aid and evacuate persons from a hostile environment.

Incident Commander (1C): The individual who takes charge at the scene, regardless of rank. In many cases, this may be the first individual on the scene.

424.3 PROCEDURE(a) Situational Assessment

1. Based on available information, dispatched responders or officers already at the incident scene may verify that an active shooter situation exists through information


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provided by dispatch, from persons confined within or exiting the target location, witnesses, reports of—or sounds of—gunfire, or related means.

2. Where available and as time permits, witnesses, or others should be asked about the location and number of suspects, the suspects’ weapons, persons injured, the number and location of persons in possible jeopardy, and the use or location of improvised explosive devices (lEDs).

3. Upon completion of the initial assessment, the iC shall(a) advise communications and request resources as deemed necessary, and(b) determine whether to take immediate action alone or with another officer, or

wait until additional resources are available.(b) Rationale for Rapid Intervention

3.The responding officers shall determine whether rapid intervention is legally justified andreasonable. This decision may be based on such considerations as whether or not

(a) deadly weapons are available to or have been used by the suspect;(b) victims are under the suspect's control, are readily accessible, or both; and(c) the suspect poses an ongoing threat of deadly force.(d) Individual Officer Intervention

4. The vast majority of active shooter incidents involve one suspect, a factor that makes individualofficer intervention a potentially viable option for saving lives, even if additional resources are notreadily available.

(a) In some instances, an individual officer may be present within or nearby the active shooting location, such as a mall or school. Whether on or off duty, in uniform or civilian clothes, he or she may determine that immediate tactical intervention is necessary and reasonable to stop the threat. That decision should be based on the factors noted in B.1-3 of this policy and the officer’s capability to effectively intervene, based on such factors as whether

1. the officer is armed and in possession of appropriate equipment;2. it is reasonable to believe that persons will be killed or injured if immediate response

to the threat is not taken;3. the size, configuration, and related physical aspects of the incident site allow for

movement, stealth, cover, and related tactical needs;4. the suspect is accessible; and5. the incident site offers opportunities for cover and concealment to assist tactical

options, adequate routes for evacuation, or secure locations in which to hide.6. As soon as practical, officer(s) shall notify communications that an active shooter

situation exists. The officer should provide the following information and updates as available

(a) the identity, location, manner of dress, and proposed actions of the officer(s) at the scene;



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(b) information on the suspect to include a physical description, weapons, equipment such as body armor, and current location and actions; and

(c) available information on persons injured or under threat, their locations, emergency resources required, and recommended points of entry.

(d) Ensure that Community Notification occurs utilizing available means including PSU Alert.

7. When displaying firearms while in plainclothes, officers shall verbally identify themselves as police officers, and conspicuously display their shields and/or other police identification to alert security personnel, arriving officers, or civilians who may be armed.

8. If armed tactical intervention is not feasible,(a) officers should facilitate evacuation by

(1) locating points of egress from danger zones and directing people to those evacuation points if reasonably safe for them to do so; and

(2) Locating and directing persons hiding in unsecure locations (e.g., under desks, inside unlocked rooms) to evacuation points.

(a) if evacuation is not possible, officers should

(1) help locate and direct persons to safer locations, preferably with thick walls; solid doors with locks; or, in the absence of such locations, rooms that can be barricaded with heavy furniture or objects;

(2) direct individuals to silence all personal electronic devices, take cover, and remain silent, and

(3) take any actions possible to distract, disrupt, divert, or incapacitate the shooter using surprise attacks and any aggressive force possible.

(a) when possible, officers should assist with the injured and direct incoming teams to injured persons.

(b) Intervention—Contact Team Response1. A contact team response to an active shooter situation is preferred in nearly all active

shooter situations—irrespective of any initial actions that may have been taken. Even if the threat seemingly has been terminated, contact teams are required to render the location safe, assist in screening and orderly evacuation of persons to a designated area, and locating any other persons still in hiding.

2. Normally, only one contact team shall be deployed at any given time but additional teams may be deployed at the direction of the IC to provide tactical advantage. The IC shall ensure that each team is aware of the other teams’ locations and actions. The mission of the contact team is to locate and stop the threat.

3. An inner perimeter shall be established to control access to and egress from the target location. Civilians should be directed out of the inner perimeter to a designated secure location for identification and debriefing.


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4. A secure staging area for responding officers and other emergency responders shall be designated and its location provided to communications.

(a) An officer should be assigned to the staging area to brief arriving personnel, maintain communication with the contact team, and assign duties as directed by the IC.

(b) A second secure staging area shall be designated as soon as reasonably possible to accommodate arriving family members of persons at the target location. Some of these persons may be armed, particularly those who have family members at the incident scene. These individuals must be restricted to the staging area as they could pose a hazard to themselves, officers, and bystanders and jeopardize tactical operations.

5. The contact team shall be provided a clear communications channel to provide the following types of information:

(a) The team’s progress and location.(b) The location and number of victims and their medical needs.(c) The estimated number of suspects involved.(d) The suspects' descriptions and weapons if known.

6. The location of any booby traps or explosives. If discovered, the contact team leader shall determine whether to post an officer near it, report it, or mark it for later removal.

7. The contact team shall locate the suspect(s) i n the most expeditious manner possible in order to stop the threat. In doing so, officers should not stop to render aid or assistance to victims but may, where reasonably possible, inform them that rescue teams are forthcoming and direct them to a safe point of egress or hiding if they are ambulatory and it is deemed safe for them to do so.

8. The team should employ tactical advantages such as avoiding use of the main entrance to provide an element of surprise and to avoid potential booby traps or ambush.

9. The contact team should not attempt to conduct a thorough clearing of the location but should follow sounds (such as gunfire, yelling, and screaming); observations of victims and bystanders; and related information to help locate the suspects as soon as possible.

10. Once the suspects have been located and the threat eliminated, the contact team should proceed to clear all portions of the location in the event that more suspects are in hiding. Arriving SWAT, Emergency Response Teams (ERTs), or other officers should be called upon to help clear the location of potential suspects, locate and evacuate persons in hiding, and render safe any dangerous munitions or armament.

11. Render first aid as necessary when the primary mission is completed.(c) Rescue Teams

1. Once the contact team is deployed, and as officers and resources arrive at the incident scene, the IC should ensure that rescue teams are formed to provide first aid

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and to help evacuate victims. Rescue teams generally consist of four to six officers but may be expanded to include medical personnel or other officers as the situation dictates.

2. Rescue teams shall be organized under a team leader, deploy in tactical formations consistent with departmental training, and be prepared to respond to hostile action as rapidly changing circumstances may place them in contact with suspects. In such instances, the team shall be prepared and equipped to serve as the contact team.

3. Rescue teams shall be deployed only after the contact team has made entrance, provided a status report, notified the command post of the location of victims, and determined that rescue efforts may begin. Wounded and injured persons shall be quickly searched, if reasonable, for weapons and removed to the designated emergency first aid area with cover and movement of such persons provided by team members. If emergency medical personnel are not yet in place, basic first aid shall be the responsibility of rescue team members until they are relieved by medical personnel.

4. Medical personnel may be permitted to accompany or respond to rescue team members if wounded persons are incapable of being moved.

5. Rescue team members shall search uninjured persons in the hostile environment before moving them to the evacuation site.

6. Rescue and recovery operations shall continue until the IC has declared the scene clear and safe.

7. Officers assigned to the evacuation center shall maintain custody and control of all persons and document their identities until they can be reunited with family or others. Victims and witnesses suffering from emotional and/or physical trauma or shock should be kept under the observation of medical personnel until such time as they may be safely transported to a hospital or home in the care of family or friends.

(d) Command Post1. The IC shall ensure that the following actions are accomplished:

(a) Establish Incident Command.(b) Establish communication.(c) Identify a staging area for first responders, a second staging area for family

members, and a third staging area for the media.(d) Identify an additional staging area for the quick response team, if employed.(e) Request mutual aid if necessary.(f) Organize unified interagency telecommunications.(g) Establish traffic control and management.(h) Contact appropriate aviation resources to control air space for possible

medical evacuation resources and to establish restricted air space for law enforcement use only.


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(i) Request emergency medical assistance and designate a safe staging area for treatment of the injured and evacuation by EMS or medevac.

Q) Initiate intelligence gathering on possible suspects.(k) Select a safe location to place evacuees.(I) Summon police chaplains and officers to provide information to relatives of

victims.(m) Coordinate with owners or officials of the target location for floor plans, site

layout, and a roster (including emergency contact information as available) of employees, students, residents, visitors, or others believed to be on-site.

(n) Assign a recorder to document actions at the command post.2. When available on the scene, a SWAT team or an ERT may be assigned as

appropriate to(a) contain the location,(b) assist rescue teams,(c) help locate suspects or relieve the contact team,(d) help locate and safeguard explosives pending removal, and(e) provide special weapons and equipment as needed.

3. Additional officers shall be deployed to control access to the location and monitor the perimeter.

(e) Debriefing

As soon as reasonably possible after the incident, the department shall conduct a debriefing of essential personnel involved in the incident. The debriefing shall identify both positive and negative aspects of the deployment with the intent of addressing areas in need of improvement and to determine whether changes in operational protocols, policy, or training may be warranted as a result.

(a) Training

This department shall provide active shooter training to all sworn and civilian personnel, including simulation exercises conducted in schools and other facilities and partnering first response agencies, where appropriate.



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Policy Manual

Reporting Police Activity Outside of Jurisdiction426.1 PURPOSE AND SCOPEThis policy provides general guidelines for reporting police activity while on or off-duty and occurring outside the jurisdiction of Portland State University-Campus Public Safety Office.

426.1.1 ASSISTANCE TO AGENCIES OUTSIDE THE CAMPUSWhen an officer is on-duty and is requested by an allied agency to participate in law enforcement activity in another jurisdiction, he/she shall obtain prior approval from the Lieutenant or Director. If the request is of an emergency nature, the officer shall notify Dispatch before responding and thereafter notify a Patrol Sergeant/Lead Worker as soon as practical.

426.1.2 LAW ENFORCEMENT ACTIVITY OUTSIDE THE CAMPUSAny on-duty officer, who engages in law enforcement activities of any type outside the immediate jurisdiction of Portland State University-Campus Public Safety Office shall notify the Lieutenant at the earliest possible opportunity. Any off-duty officer who engages in any law enforcement activities, regardless of jurisdiction shall notify the Lieutenant as soon as practical.

The Lieutenant shall determine if a case report or other documentation of the officer's activity is required. The report or other documentation shall be forwarded to the officer's Lieutenant.

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Policy Manual

Immigration Violations428.1 PURPOSE AND SCOPEThe immigration status of individuals alone is generally not a matter for police action. It is incumbent upon all employees of this department to make a personal commitment to equal enforcement of the law and equal service to the public regardless of immigration status. Confidence in this commitment will increase the effectiveness of the Department in protecting and serving the entire community.

428.2 DEPARTMENT POLICYThe U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement of the provisions of Title 8, United States Code dealing with illegal entry. This department does not participate in routine immigration investigation and enforcement activities (Oregon Revised Statutes 181.850).

Should activities of ICE generate circumstances that result in officer safety or community safety matters, or when suspected criminal violations are discovered beyond immigration violations, this department may assist ICE only as necessary to protect lives and property, or to enforce criminal laws other than immigration violations.

428.3 VICTIMS AND WITNESSESTo encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/ or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and without regard to race, color or national origin in any way that would violate the United States or Oregon Constitutions.

428.4 ENFORCEMENTThe U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement of the provisions of Title 8 of the United States Code dealing with illegal entry. This department does not participate in routine immigration investigation and enforcement activities. However, an officer may arrest any person who is the subject of an arrest warrant issued by a federal magistrate for a criminal violation of federal immigration laws (ORS 181.850).

428.4.1 BASIS FOR CONTACTUnless immigration status is relevant to another criminal offense or investigation (e.g., harboring, smuggling, terrorism), the fact that an individual is suspected of an immigration violation shall not be the sole basis for contact, detention or arrest (ORS 181.850).

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428.5 ARREST NOTIFICATION TO IMMIGRATION AND CUSTOMS ENFORCEMENTGenerally, an officer will not need to notify ICE when booking arrestees at the county jail. Immigration officials routinely interview suspected undocumented aliens who are booked into the county jail on criminal charges. Notification will be handled according to jail operation procedures. No individual who is otherwise ready to be released should continue to be detained solely for the purpose of notification.

428.6 ICE REQUEST FOR ASSISTANCERequests by ICE, or any other federal agency, for assistance from this department should be directed to a supervisor. The Department may provide available support services, such as traffic control or peacekeeping efforts, to ICE or other federal agencies.

428.7 INFORMATION SHARINGNo member of this department will prohibit, or in any way restrict, any other member from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 USC § 1373):

(a) Sending information to, or requesting or receiving such information from ICE(b) Maintaining such information in department records(c) Exchanging such information with any other federal, state or local government entity

428.7.1 IMMIGRATION HOLDSNo individual should be held based solely on a federal immigration detainer under 8 CFR 287.7 unless the person has been charged with a federal crime or the detainer is accompanied by a warrant, affidavit of probable cause, or removal order. Notification to the federal authority issuing the detainer should be made prior to the release.

428.8 U VISA AND T VISA NON-IMMIGRANT STATUSUnder certain circumstances, federal law allows temporary immigration benefits, known as a U visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101 (a)(15)(U)). A law enforcement certification for a U visa may be completed by an officer in order for a U visa to be issued.

Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking {8 USC § 1101(a)(15){T)). A law enforcement declaration for a T visa may be completed by an officer in order for a T visa to be issued.

Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the patrol supervisor assigned to oversee the handling of any related case. The patrol supervisor should:

(a) Consult with the assigned investigator to determine the current status of any related case and whether further documentation is warranted.


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(b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the certification or declaration has not already been completed and whether a certification or declaration is warranted.

(c) Address the request and complete the certification or declaration, if appropriate, in a timely manner.

1. The instructions for completing certification and declaration forms can be found on the U.S. Department of Homeland Security (DHS) website.

(d) Ensure that any decision to complete, or not complete, a certification or declaration form is documented in the case file and forwarded to the appropriate prosecutor. Include a copy of any completed form in the case file.


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Policy Manual

Emergency Utility Service430.1 PURPOSE AND SCOPEThe Campus Facilities and Planning Department (FAP) has personnel available to handle emergency calls 24 hours per day. Calls for service during non-business hours are frequently directed to the Police Department. Requests for such service received by this department should be handled in the following manner.

430.1.1 BROKEN WATER LINESThe Campus s responsibility begins at the water meter; any break or malfunction in the water system from the water meter to the campus buildings and grounds is the campus's responsibility. Public Works can only turn off the valve at the meter. CPSO, FAP or Auxiliary Services can normally accomplish this.

If a break occurs on the Campus side of the meter, emergency personnel should be called as soon as possible by Dispatch. Any significant water leak on campus should be reported to 911.

430.1.2 ELECTRICAL LINESCampus Public Works does not maintain electrical lines to street light poles. When a power line poses a hazard, an officer should be dispatched to protect against personal injury or property damage that might be caused by power lines. The Electric Company or Public Works should be promptly notified, as appropriate. Power outages or disruptions must be reported to FAP one call.

430.1.3 RESERVOIRS, PUMPS, WELLS, ETC.Public Works maintains the reservoirs and public water equipment, as well as several underpass and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency personnel should be contacted as soon as possible. Storm drain blockages on campus should be reported to FAP one call.

430.1.4 EMERGENCY NUMBERSA current list of emergency personnel who are to be called for utility emergencies is maintained by Dispatch.

430.1.5 DISPATCH AND FAP PROCEDURE FLOW CHARTSee Attachment: DISPATCH and FAP PROCEDURE FLOW CHART.JPG

430.2 TRAFFIC SIGNAL MAINTENANCEThe Campus of Portland State University does not own any traffic signals. Traffic signals adjacent to the campus are owned and maintained by the City of Portland.

430.2.1 OFFICER'S RESPONSIBILITYUpon observing a damaged or malfunctioning signal, the officer will advise Dispatch of the location and problem with the signal. The dispatcher should make the necessary notification to the proper maintenance agency.

Policy

430


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Emergency Utility Service

Officers have the responsibility address any hazard cased by malfunction of any inoperative or malfunctioning signal.


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Policy

436


Policy Manual

Field Training and Evaluation Program436.1 PURPOSE AND SCOPEPSU Campus Public Safety (CPSO) has an obligation to the Portland State University (PSU) Community to provide the most current, professional and effective knowledge and skills to CPSO members. This knowledge and skill allows for maintaining and improving community livability while preserving life, maintaining human rights, protecting property and promoting the individual responsibility of the PSU Community and CPSO members. The Field Training and Evaluation Program (FTEP) provides a standardized and structured environment within which the recruit officers can obtain the knowledge and skill necessary to fulfill the CPSO Mission. The FTEP maintains a problem solving partnership with recruit officers and Field Training Officers (FTO) in order to identify performance issues and provide resources for improvement in order to maintain a healthy, vital police force able to apply innovative and effective strategies in making PSU a safe, secure, peaceful and more livable community.

436.2 FIELD TRAINING OFFICER SELECTION AND TRAININGThe FTO is an experienced police officer who has successfully completed CPSO FTO Training, supports the tenets of FTEP, remains current with in-service training, and role models CPSO Policies and Mission. The FTO is responsible for training, mentoring and evaluating recruit officers, based upon observed and documented performance, using Standardized Evaluation Guidelines (SEG). Officers selected as an FTO, shall successfully complete the FTO Certification Course, prescribed by the FTEP Supervisor. AK FTOs must attend an annual FTO Re-Certification update/refresher course to remain current in FTEP. FTOs may be removed from FTEP for failing to continue meeting any of the selection criteria, and/or failure to meet any FTO responsibilities.

436.2.1 SELECTION PROCESSFTOs will be selected based upon the following: a) Demonstrated interest in FTEP. b) Demonstrated performance as a role model, c) Demonstrated performance in communicating effectively in both written and oral formats, d) Demonstrated knowledge and support of CPSO Policies, e) Demonstrated knowledge and support of CPSO and PSU Missions, f) Evaluation by supervisors and FTO cadre.

436.3 FIELD TRAINING AND EVALUATION PROGRAM SUPERVISORThe Director of FTEP, will be the Patrol Lieutenant or their designee. The FTEP Supervisor will be the Patrol Sergeant responsible for FTEP.

436.3.1 FTEP SUPERVISOR RESPONSIBILITIESa) FTO/recruit officer assignment and scheduling.

b) Document all FTO/recruit remediation/evaluation meetings.

c) Develop, administer, maintain and document ail aspects of FTEP, including DPSST requirements.

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d) Administer ADORE software program.

e) Ensure integrity of Daily Observation Report (DOR) guidelines.

f) Facilitate recruit progress through remedial training, feedback and mentoring, g) Develop, administer and document FTO Training, including in-€&Vzservice updates.

h) Mentor FTO performance through feedback, remediation and evaluation, providing the Director of FTEP with recommendations on FTO status within FTEP.

i) Provide the Director of FTEP with FTO/recruit performance and progress information.

j) Maintain partnership with FTEP Supervisor peers locally and nationally, including best practices, k) Provide DPSST with FTEP completion documentation, as necessary/required for certification.

436.4 TRAINEE/RECRUIT OFFICER DEFINEDAny entry level or lateral, newly appointed Campus Public Safety Officer who has not completed the probationary period.

436.5 REQUIRED TRAININGRecruit officers will be required to successfully attain Phase V (solo) status, prior to the end of the probationary period, which is twenty-i&Vfefour (24) weeks. Phase I through completing Phase IV, is projected to require sixteen (16) weeks. Recruit officers then continue in Phase V (solo) status through the end of the probationary period. Recruit officers may progress through Phases at a faster rate, depending upon demonstrated performance and experience level. All recruits, regardless of performance/experience, must complete a minimum four (4) weeks in Phase IV. Recruit officers will be assigned to a minimum of two (2) FTOs and two (2) shifts.

Phase One through Phase Phase Four, is projected to require twenty (20) weeks to complete. Recruit Officers will generally be advanced to Phase Five (solo) status, at or prior to the end of twenty-five (25) weeks in FTEP. Recruit Officers continue in Phase Five through the end of the probationary period, which is eighteen (18) months in length. Recruit Officers may progress through Phases One through Three at a faster rate, depending upon demonstrated performance and experience level. All recruits, regardless of performance/experience shall complete a minimum of five (5) weeks in Phase Four. Recruit officers will be assigned to a minimum of two (2) FTOs and two (2) shifts.

436.5.1 FIELD TRAINING MANUALAs part of CPSO Orientation, recruit officers will receive a printed Field Training Manual. This manual is a task list of the knowledge and skills necessary to be demonstrated or understood, in order to complete FTEP and meet the CPSO mission. As each task is completed, the FTO will sign off the corresponding task in the ADORE program. The task list (Field Training Manual) in the ADORE program is retained as part of the permanent training record of the officer.

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436.6 EVALUATIONSEvaluations are an essentia! component of FTEP. Evaluations provide the documented record of observed performance, immediate feedback and mentorship, and remedial efforts with outcomes. Evaluations provide reinforcement and a permanent record on which recommendations for action, retention or termination are made. Evaluation ratings are based on the Standardized Evaluation Guidelines (SEG), as defined in FTEP.

436.6.1 FIELD TRAINING OFFICERa) Document daily performance, remedial training efforts and outcomes in a Daily Observation Report (DOR), using the ADORE software program.

b) Sign off completed topic items in the Field Training Manual daily.

b) Sign off completed Task List (Field Training Manual) items within the ADORE program, daily, using the ADORE software program.

c) Review the DOR and Task List with the recruit officer daily, and sign off.

d) At the end of four five (4 5) weeks in each Phase, complete an End of Phase Evaluation, using the ADORE software program. The FTO will recommend advancement or retention, including remedial recommendations.

436.6.2 RECRUIT OFFICERAt the completion of FTEP the probationary period (18 months), the recruit shall submit a performance evaluation on each of their FTOs, and on their FTEP experience in general. Evaluation ratings will be based on the FTO SEG, as defined in FTEP.

436.6.3 FIELD TRAINING SUPERVISORa) Review and approve all DOR and End of Phase Evaluations, using the ADORE program.

b) Document all recruit/FTO meetings, using the ADORE program.

436.7 DOCUMENTATIONAll paper documentation generated during FTEP will be retained in the training file of each officer. The FTEP Supervisor will make PDF copies of this paper documentation and the completed printed Field Training Manual for the FTEP archive. All ADORE documentation will remain within the program and archived by the FTEP Supervisor as needed.

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Policy Manual

Detentions and Photographing Detainees440.1 PURPOSE AND SCOPEThe purpose of this policy is to establish guidelines for conducting field interviews (FI) and pat- down searches and the taking and retention of photographs of persons detained in the field but not arrested. Due to a variety of situations confronting the officer, the decision to FI or photograph a field detainee shall be left to the discretion of the involved officer based on the totality of the circumstances available to them at the time of the detention.

440.2 DEFINITIONSDetention - Occurs when an officer intentionally, through words, actions or physical force causes an individual to reasonably believe he/she is being required to restrict his/her movement. Detentions also occur when an officer actually restrains a person’s freedom of movement.

Consensual Encounter - Occurs when an officer contacts an individual but does not create a detention through words, actions or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary.

Field Interview (FI) - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual’s identity and resolving the officer's suspicions.

Field Photographs - Field photographs are defined as posed photographs taken of a person during a contact, detention, or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio Video (MAV) system when persons are not posed for the purpose of photographing are not considered field photographs.

Frisk or Pat-Down Search - This is the normal type of search used by officers in the field to check an individual for weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee or others (ORS 131.625).

Reasonable Suspicion - Occurs when, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity.

Stop - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion that the person has committed, or is about to commit a crime. (ORS 131.615).

440.3 FIELD INTERVIEWSOfficers may stop individuals for the purpose of conducting an FI where reasonable suspicion is present. In justifying the stop, the officer should be able to point to specific facts which, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to, the following:


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(a) The appearance or demeanor of an individual suggests that he/she is part of a criminal enterprise or is engaged in a criminal act.

(b) The actions of the suspect suggest that he/she is engaged in a criminal activity.

(c) The hour of day or night is inappropriate for the suspect's presence in the area.

(d) The suspect's presence in the particular area is suspicious.

(e) The suspect is carrying a suspicious object.

(f) The suspect's clothing bulges in a manner that suggests he/she is carrying a weapon.

(g) The suspect is located in proximate time and place to an alleged crime.

(h) The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity.

440.3.1 INITIATING A FIELD INTERVIEWAn officer may initiate the stop of a person when there is articulable, reasonable suspicion to do so. A person, however, should not be detained longer than is reasonably necessary to resolve the officer's suspicions.

Nothing in this policy is intended to discourage consensual contacts. Frequent and random casual contacts with consenting individuals are encouraged by the Portland State University- Campus Public Safety Office to strengthen our community involvement, community awareness and problem identification.

440.3.2 WITNESS IDENTIFICATION AND INTERVIEWSBecause potential witnesses to an incident may be lost or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor and/or criminal investigators to utilize available personnel for the following:

(a) Identify all persons present at the scene and in the immediate area.

1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred.

2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure.

(b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department personnel.

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1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation.

440.4 FRISK OR PAT-DOWN SEARCHESA frisk or pat-down search of a detained subject may be conducted whenever an officer reasonably believes that the person may possess a dangerous or deadly weapon and presents a danger to the officer or other persons present {Oregon Revised Statutes 131.625). Circumstances that may establish justification for performing a pat-down search include, but are not limited to the following:

(a) The type of crime suspected, particularly in crimes of violence where the use or threat of weapons is involved.

(b) Prior knowledge of the suspect’s use of force and/or propensity to carry deadly weapons.

(c) The appearance and demeanor of the suspect.

(d) Visual indications which suggest that the suspect is carrying a firearm or other weapon.

(e) Statements made by the suspect, witnesses or other persons.

440.5 FIELD PHOTOGRAPHSBefore photographing any field detainee, the officer shall carefully consider, among other things, the factors listed below.

440.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENTField photographs may be taken when the subject of the photograph knowingly and voluntarily gives consent. When taking a consensual photograph, the officer should have the individual read and sign the appropriate form accompanying the photograph.

440.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENTField photographs may be taken without consent only if they are taken during a detention that is based on reasonable suspicion of criminal activity, and the photograph serves a legitimate law enforcement purpose related to the detention. Mere knowledge or suspicion of gang membership or affiliation is not a sufficient justification for taking a photograph without consent. The officer must be able to articulate facts that reasonably indicate that the subject was involved in, or was about to become involved in, criminal conduct.

If, prior to taking a photograph, the officer’s reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken.

Persons being issued a Campus Exclusion Notice should be photographed, and the photograph retained with the original Campus Exclusion Notice. The use of force is not authorized for the sole purpose of obtaining a photograph of an excluded person and other methods should be considered. The absence of a photograph does not render a Campus Exclusion Notice invalid.

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All field photographs and related reports shall be submitted to a Sergeant/Lead Worker and retained in compliance with this policy.

440.6 SUPERVISOR RESPONSIBILITYWhile it is recognized that field photographs often become valuable investigative tools, Sergeant/ Lead Workers should monitor such practices in view of the above listed considerations. This is not to imply that Sergeant/Lead Worker approval is required before each photograph. Access to field photographs shall be strictly limited to law enforcement purposes.

440.7 DISPOSITION OF PHOTOGRAPHSAll detainee photographs must be adequately labeled and submitted to the Patrol Sergeant with either an associated FI card or other memorandum explaining the nature of the contact. If an individual is photographed as a suspect in a particular crime, the photograph should be submitted as an evidence item in the related case, following standard evidence procedures.

If a photograph is not associated with an investigation where a case number has been issued, the Patrol Sergeant shall review it and forward the photograph to one of the following locations:

(a) If the photo and associated FI or memorandum is relevant to criminal street gang enforcement, the Patrol Sergeant will forward the photo and documents to the Gang Unit Supervisor. The Gang Unit Supervisor will ensure the photograph and supporting documents are retained as prescribed by Policy § 442.

(b) Photographs that do not qualify for Criminal Street Gang file retention or which are not evidence in an investigation with an assigned case number should be forwarded to the Administrative Assistant. These photographs will be purged as described in Policy § 440.7.1.

When a photograph is taken in association with a particular case, the detective may use such photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part of the case file. All other photographs will be kept in the Administrative Assistant in a separate non-booking photograph file in alphabetical order.

440.7.1 PURGING THE FIELD PHOTO FILEThe Communications and Records Supervisor will be responsible for ensuring that photographs retained by the Administrative Assistant that are more than one year old and no longer serve a law enforcement purpose are periodically purged and destroyed. Photographs that continue to serve a legitimate law enforcement purpose may be retained longer than one year provided that a notation of that fact is added to the file for each additional year that they are retained. Access to the FI photo file shall be strictly limited to law enforcement purposes.

A photograph need not be purged but may be retained as an updated photograph in a prior booking file if the person depicted in the photograph has been booked at the Portland State University- Campus Public Safety Office and the booking file remains in the Administrative Assistant.


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440.8 PHOTO REVIEW POLICYAny person who has been the subject of a field photograph or an FI by this agency during any contact other than an arrest may file a written request within 30 days of the contact requesting a review of the status of the photograph/FI. The request shall be directed to the office of the D irecto r of Pu bl ic Safety who wil I ensu re that the status of the photog raph o r FI is properly reviewed according to this policy. Upon a verbal request, the Department will send a request form to the requesting party along with a copy of this policy.

440.8.1 REVIEW PROCESSUpon receipt of such a written request, the Director of Public Safety or his or her designee will permit the individual to appear in person (any minor must be accompanied by their parent or legal guardian) for a review of the status of the photograph/FI.

Such a meeting will generally be scheduled during regular business hours within 30 days of the receipt of the written request. An extension of the 30-day limit may be made either upon the mutual convenience of the parties or if, at the discretion of the Director of Public Safety, there appears to be an ongoing legitimate law enforcement interest which warrants a delay. If the delay could jeopardize an ongoing investigation, nothing in this policy shall require the Director of Public Safety to disclose the reason (s) for the delay.

A meeting for the review of the status of any non-arrest photograph/FI is not intended to be a formal hearing, but simply an informal opportunity for the individual to meet with the Director of Public Safety or his/her to discuss the matter.

After carefully considering the information available, the Director of Public Safety or his/her designee will determine, generally within 30 days of the original meeting, whether the photograph/ FI was obtained in accordance with existing law and Portland State University-Campus Public Safety Office policy and, even if properly obtained, then whether there is any ongoing legitimate law enforcement interest in retaining the photograph/FI.

If the Director of Public Safety or his/her designee determines that the photograph/FI was obtained in accordance with existing law and department policy and that there is an ongoing legitimate law enforcement interest in retaining the non-arrest photograph, the photograph/FI shall be retained according to this policy and applicable law.

If the Director of Public Safety or his/her designee determines that the original legitimate law enforcement interest in retaining a non-arrest photograph no longer exists or that it was obtained in violation of existing law or d policy, the original photograph will be destroyed or returned to the person photographed, if requested. All other associated reports or documents, however, will be retained according to department policy and applicable law.

If the Director of Public Safety or his/her designee determines that the original legitimate law enforcement interest in retaining a non-arrest FI no longer exists or that the original FI was not obtained in accordance with established law or department policy, the original FI may only be destroyed upon the execution of a full and complete waiver of liability by the individual (and guardian if a minor) arising out of that field contact.


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If the Director of Public Safety or his/her designee determines that any involved Portland State University-Campus Public Safety Office personnel violated existing law or department policy, the Director of Public Safety or designee shall initiate a separate internal investigation which may result in additional training, discipline or other appropriate action for the involved employees.

Within 30 days of the Director of Public Safety’s determination the person photographed/FI’d will be notified in writing whether or not the photograph/FI will be retained. This does not entitle any person to any discovery or access to any law enforcement records not otherwise authorized by

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Policy Manual

Criminal Organizations442.1 PURPOSE AND SCOPEThe purpose of this policy is to ensure that the Portland State University-Campus Public Safety Office appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises.

442.1.1 DEFINITIONSDefinitions related to this policy include:

Criminal intelligence system - Any record system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates. This does not include temporary information files.

442.2 POLICYThe Portland State University-Campus Public Safety Office recognizes that certain criminal activities, including but not limited to gang crimes and drug trafficking, often involve some degree of regular coordination and may involve a large number of participants over a broad geographical area.

It is the policy of this department to collect and share relevant information while respecting the privacy and legal rights of the public.

442.3 CRIMINAL INTELLIGENCE SYSTEMSNo department member may create, submit to or obtain information from a criminal intelligence system unless the Director of Public Safety has approved the system for department use.

Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20.

A designated supervisor will be responsible for maintaining each criminal intelligence system that has been approved for department use. The supervisor or the authorized designee should ensure the following:

(a) Members using any such system are appropriately selected and trained.

(b) Use of every criminal intelligence system is appropriately reviewed and audited.

(c) Any system security issues are reasonably addressed.

442.3.1 SYSTEM ENTRIESIt is the designated supervisor's responsibility to approve the entry of any information from a report, FI, photo or other relevant document into an authorized criminal intelligence system. If entries are made based upon information that is not on file with this department, such as open or public source documents or documents that are on file at another agency, the designated supervisor should


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Criminal Organizations

ensure copies of those documents are retained by the Administrative Assistant. Any supporting documentation for an entry shall be retained by the Administrative Assistant in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system.

The designated supervisor should ensure that any documents retained by the Administrative Assistant are appropriately marked as intelligence information. The Communications and Records Supervisor may not purge such documents without the approval of the designated supervisor.

442.4 TEMPORARY INFORMATION FILENo member may create or keep files on individuals that are separate from the approved criminal intelligence system. However, members may maintain temporary information that is necessary to actively investigate whether a person or group qualifies for entry into the department-approved CIS only as provided in this section. Once information qualifies for inclusion, it should be submitted to the supervisor responsible for consideration of CIS entries.

442.4.1 FILE CONTENTSA temporary information file may only contain information and documents that, within one year, will have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence system.

Information and documents contained in a temporary information file:

(a) Must only be included upon documented authorization of the responsible department supervisor.

(b) Should not be originals that would ordinarily be retained by the Administrative Assistant or Evidence Room, but should be copies of, or references to, retained documents, such as copies of reports, field interview (FI) forms, Dispatch records or booking forms.

(c) Shall not include opinions. No person, organization or enterprise shall be labeled as being involved in crime beyond what is already in the document or information.

(d) May include information collected from publicly available sources or references to documents on file with another government agency. Attribution identifying the source should be retained with the information.

442.4.2 FILE REVIEW AND PURGINGThe contents of a temporary information file shall not be retained longer than one year. At the end of one year, the contents must be purged or entered in an authorized criminal intelligence system, as applicable.

The designated supervisor shall periodically review the temporary information files to verify that the contents meet the criteria for retention. Validation and purging of files is the responsibility of the supervisor.


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442.5 INFORMATION RECOGNITIONDepartment members should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to:

(a) Gang indicia associated with a person or residence.

(b) Information related to a drug-trafficking operation.

(c) Vandalism indicating an animus for a particular group.

(d) Information related to an illegal gambling operation.

Department supervisors who utilize an authorized criminal intelligence system should work with the Training Sergeant to train members to identify information that may be particularly relevant for inclusion.

442.6 RELEASE OF INFORMATIONDepartment members shall comply with the rules of an authorized criminal intelligence system regarding inquiries and release of information.

Information from a temporary information file may only be furnished to department members and other law enforcement agencies on a need-to-know basis and consistent with the Records Maintenance and Release Policy.

When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile's name is in a temporary information file, such information should be provided by the supervisor responsible for the temporary information file, unless there is good cause to believe that the release of such information might jeopardize an ongoing criminal investigation.

442.7 CRIMINAL STREET GANGSThe patrol supervisor should ensure that there are an appropriate number of department members who can:

(a) Testify as experts on matters related to criminal street gangs, and maintain an above average familiarity with criminal street gangs.

(b) Coordinate with other agencies in the region regarding criminal street gang crimes and information.

(c) Train other members to identify gang indicia and investigate criminal street gang-relatedcrimes.

442.8 TRAININGThe Training Sergeant should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include:



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(a) The protection of civil liberties.

(b) Participation in a multiagency criminal intelligence system.

(c) Submission of information into a multiagency criminal intelligence system or the receipt of information from such a system, including any governing federal and state rules and statutes.

(d) The type of information appropriate for entry into a criminal intelligence system or temporary information file.

(e) The review and purging of temporary information files.



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Policy Manual

Patrol Sergeants444.1 PURPOSE AND SCOPEEach patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with departmental policies, procedures, practices, functions and objectives. To accomplish this goal, a Sergeant heads each watch.

444.2 DESIGNATION AS ACTINGWhen a Sergeant is unavailable for duty as Patrol Sergeant, in most instances the senior qualified senior officer shall be designated as acting Patrol Sergeant. This policy does not preclude designating senior officers with less seniority as an acting Patrol Sergeant when operational needs require or training permits.

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Policy Manual

Portable Audio/Video Recorders450.1 PURPOSE AND SCOPEThis policy provides guidelines for the use of portable audio/video recording devices by members of this department while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body-worn, hand held or integrated into portable equipment.

This policy does not apply to lawful surreptitious audio/video recording interception of communications for authorized investigative purposes or to mobile audio/video recordings (see the Investigation and Prosecution and Mobile Audio/Video policies).

450.2 POLICYThe Portland State University-Campus Public Safety Office may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public.

450.3 MEMBER PRIVACY EXPECTATIONAll recordings made by members acting in their official capacity shall remain the property of the Department regardless of whether those recordings were made with department-issued or personally owned recorders. Members shall have no expectation of privacy or ownership interest in the content of these recordings.

450.4 MEMBER RESPONSIBILITIESDigital audio recorders are furnished to all uniformed members.

Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful.

When using a recorder, the assigned member shall record his/her name, employee number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user's unique identification and the date and time of each recording.

Members should document the exixtence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members should include the reason for the deactivation.

450.5 ACTIVATION OF THE AUDIO RECORDERMembers should activate the recorder during all enforcement stops and field interrogation situations and any other time the member reasonably believes that a recording of an on-duty contact may be useful. Once started, recordings should continue without interruption until the contact ends, if feasible.


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Portable AudioA/ideo Recorders

Oregon law requires members to notify all parties to the conversation that are a recording is being made (ORS 165.543).

At no time is a member expected to jeopardize his/her safety in order to activate a recorder or change the recording media. However, the recorder should be activated in required situations as soon as practicable.

450.5.1 CESSATION OF RECORDINGOnce activated, the protable recorder should remain on continuosly until the member's direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident.

450.5.2 SURREPTITIOUS USE OF THE PORTABLE RECORDEROregon law generally prohibits any individual from surreptitiously recording any conversation, except as provided in ORS 165.540 and ORS 165.543.

Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Director of Public Safety or authorized designee.

450.5.3 EXPLOSIVE DEVICEMany portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present.

450.5.4 CESSATION OF RECORDINGOnce activated, the portable recorder should remain on continuously until the member's direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident.

450.5.5 EXPLOSIVE DEVICEMany portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present.

450.6 PROHIBITED USE OF PORTABLE RECORDERSMembers are prohibited from using department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on- duty or while acting in their official capacity.

Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department.


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Portable Audio/Video Recorders

Members are prohibited from using personally owned recording devices while on-duty without the express consent of the Patrol Sergeant. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements.

Recordings shall not be used by any member for the purpose of embarrassment, intimidation or ridicule.

450.7 RETENTION OF RECORDINGSAny time a member records any portion of a contact that the member reasonably believes constitutes evidence in a criminal case, the member shall record the related case number and transfer the file in accordance with current procedure for storing digital files and document the existence of the recording in the related case report. Transfers should occur at the end of the member’s shift, or any time the storage capacity is nearing its limit.

Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording.

450.7.1 RETENTION REQUIRMENTSAll recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule but in no event for a period less than 180 days.

450.8 REVIEW OF RECORDINGSWhen preparing written reports, members should review their recordings as a resource. However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report.

Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member’s performance.

Recorded files may also be reviewed:

(a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation.

(b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case.

(c) By media personnel with permission of the Director of Public Safety or the authorized designee.

(d) In compliance with a public records request, if permitted, and in accordance with the Records Release and Security Policy.


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All recordings should be reviewed by the Custodian of Records prior to public release (see the Records Release and Security Policy). Recordings that unreasonably violate a person’s privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court.


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Policy Manual

Foot Pursuit Policy458.1 PURPOSE AND SCOPEFoot pursuits are inherently dangerous and require common sense, sound tactics and heightened officer safety awareness. This policy sets forth guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot by balancing the objective of apprehending the suspect with the risk of potential injury to the officer, the public or the suspect.

458.1.1 POLICYIt is the policy of this department when deciding to initiate or continue a foot pursuit that officers must continuously balance the objective of apprehending the suspect with the risk and potential for injury to department personnel, the public or the suspect.

Officers are expected to act reasonably, based on the totality of the circumstances. Absent exigent circumstances, the safety of department personnel and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and department personnel.

458.2 DECISION TO PURSUEOfficers may be justified in initiating a foot pursuit of any individual who the officer reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time.

Mere flight by a person who is not suspected of criminal activity shall not serve as the sole justification for engaging in an extended foot pursuit without the development of reasonable suspicion of the individual's involvement in criminal activity.

Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits potentially place department personnel and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved.

If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, officers should continuously consider reasonable alternatives to pursuit based upon the circumstances and resources available, such as the following:

(a) Containment of the area

(b) Canine search

(c) Saturation of the area with patrol personnel

(d) Aerial support


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Foot Pursuit Policy

(e) Apprehension at another time when the identity of the suspect is known or there is information available that would iikely allow for later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the pursuit.

45B.3 GUIDELINES FOR FOOT PURSUITUnless the officer reasonably believes that exigent circumstances exist (e.g., a serious threat to thesafety of personnel or members of the public), Officers should consider alternatives to engagingin or continuing a foot pursuit under the following conditions:

(a) When directed by a supervisor to terminate the foot pursuit. Such an order shall be considered mandatory.

(b) When the officer is acting alone.

(c) When two or more officers become separated, lose visual contact with one another, or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort.

(d) The officer is unsure of his or her location and direction of travel.

(e) When pursuing multiple suspects and the pursuing officers do not reasonably believe that they would be able to control the suspect should a confrontation occur.

(f) When the physical condition of the officers renders them incapable of controlling the suspect if apprehended.

(g) When the officer loses radio contact with Dispatch or with backup officers.

(h) The suspect enters a building, structure, confined space or a wooded or otherwise isolated area and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the pursuit and coordinating containment pending the arrival of sufficient officers.

(i) The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increases the risk to the officer or the public.

(j) The officer reasonably believes that the danger to the pursuing officer or public outweighs the objective of immediate apprehension.

(k) The officer loses possession of essential equipment.

(I) The officer or a third party is injured during the pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance.

(m) The suspect's location is no longer definitely known.

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(n) The identity of the suspect is established or other information exists that will allow for the suspect's apprehension at a later time, and it reasonably appears that there is no immediate threat to department personnel or the public if the suspect is not immediately apprehended.

(o) The officer's ability to safely continue the pursuit is impaired by inclement weather, darkness or other conditions.

458.4 RESPONSIBILITIES IN FOOT PURSUITS

458.4.1 INITIATING OFFICER RESPONSIBILITIESUnless relieved by another officers or a supervisor, the initiating officers shall be responsible for coordinating the progress of the pursuit. When acting alone and when practicable, the initiating officers should not attempt to overtake and confront the suspect but should attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect.

Early communication of available information from the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should broadcast the following information as soon as it becomes practicable and available:

(a) Unit identifier.

(b) Location and direction of travel.

(c) Reason for the foot pursuit.

(d) Number of suspects and description.

(e) Whether the suspect is known or believed to be armed.

Officers should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated.

Absent extenuating circumstances, any officers unable to promptly and effectively broadcast this information should terminate the pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources.

When a foot pursuit terminates, the officer will notify Dispatch of his/her location and the status of the pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary.

458.4.2 ASSISTING OFFICER RESPONSIBILITIESWhenever any officer announces that he/she is engaged in a foot pursuit, all other officers should minimize non-essential radio traffic to permit the involved officer maximum access to the radio frequency.

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Any officers who are in a position to intercept a fleeing suspect, or who can assist the primary officer with the apprehension of the suspect, shall act reasonably and in accordance with department policy, based upon available information and his/her own observations.

458.4.3 SUPERVISOR RESPONSIBILITYUpon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information necessary to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever possible; the supervisor does not, however, need to be physically present to exercise control over the pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is conducted within established department guidelines.

The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public unreasonably appears to outweigh the objective of immediate apprehension of the suspect.

Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point to direct the post-pursuit activity.

458.4.4 DISPATCH RESPONSIBILITIESUpon being notified or becoming aware that a foot pursuit is in progress, communication personnel shall, as soon as practical, notify the field supervisor and provide available information. Communication personnel are also responsible for the following:

(a) Clear the radio channel of non-emergency traffic.

(b) Repeat the transmissions of the pursuing officers as needed.

(c) Ensure that a field supervisor is notified of the pursuit.

(d) Relay all pertinent information to responding personnel.

(e) Contact additional resources as directed by a supervisor.

(f) Coordinate response of additional resources to assist with the foot pursuit.

458.5 REPORTINGThe initiating officers shall complete the appropriate crime/arrest reports documenting, at minimum, the following:

(a) The reason for initiating the foot pursuit.

(b) The identity of involved personnel.

(c) The course and approximate distance of the pursuit.

(d) Whether a suspect was apprehended as well as the means and methods used.

1. Any use of force shall be reported and documented in compliance with the Department Use of Force Policy.

(e) Any injuries or property damage.


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Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed.

In any case in which a suspect is not apprehended and there is insufficient information to warrant further investigation, a supervisor may authorize that the initiating officers need not complete a formal report.


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Policy Manual

Bicycle Patrol Unit460.1 PURPOSE AND SCOPEThe Portland State University-Campus Public Safety Office has established bicycle patrols for the purpose of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an effective way to increase officer visibility in congested areas and their quiet operation can provide a tactical approach to crimes in progress. The purpose of this policy is to provide guidelines for the safe and effective operation of the patrol bicycle.

460.2 POLICYPatrol bicycles may be used for regular patrol duty, or special events. The use of the patrol bicycle will emphasize their mobility and visibility to the community.

Bicycles may be deployed to any area at all hours of the day or night, according to Department needs and as staffing levels allow.

Requests for specific deployment of bicycle patrol officers shall be coordinated through the Patrol Sergeant.

460.3 TRAININGParticipants in the program must complete an initial department-approved bicycle training course. The initial training shall minimally include the following:

Bicycle patrol strategies

Bicycle safety and accident prevention

Operational tactics using bicycles

460.4 UNIFORMS AND EQUIPMENTOfficers shall wear the department-approved uniform and safety equipment while operating the department bicycle. Safety equipment includes department-approved helmet, riding gloves, protective eyewear and approved footwear.

The bicycle patrol unit uniform consists of the standard short-sleeve uniform shirt or other department-approved shirt with department badge and patches, and department-approved bicycle patrol pants or shorts.

Optional equipment includes a radio head set and microphone, and jackets in colder weather. Turtleneck shirts or sweaters are permitted when worn under the uniform shirt.

Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would on a regular patrol assignment

Officers will be responsible for obtaining the necessary forms, citation books and other department equipment needed while on bicycle patrol.

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460.5 CARE AND USE OF PATROL BICYCLESOfficers will be assigned a specially marked and equipped patrol bicycle with attached gear bag.

Bicycles utilized for uniformed bicycle patrol shall be primarily black or white in color with a Police decal affixed to each side of the crossbar or the bike's saddlebag. Every such bicycle shall be equipped with front and rear reflectors, front lights and a horn satisfying the requirements of Oreoon Revised Statutes § 815.280(2).

Bicycles utilized for uniformed bicycle patrol shall be equipped with a rear rack and/or saddle bag(s) sufficient to carry all necessary equipment to handle routine patrol calls including report writing, vehicle storage and citations.

Each bicycle shall be equipped with a flashing blue warning light that is visible from the front, sides, or rear of the bicycle. Unless the patrol bicycle is equipped with an emergency light and siren meeting the requirements set forth in the Oregon Revised Statutes and Oregon Administrative Rules, it does not qualify as an emergency vehicle and operators are not exempt from the rules of the road.

Bicycle officers shall conduct an inspection of the bicycle and equipment prior to use to insure proper working order of the equipment. Officers are responsible for the routine care and maintenance of their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning).

if a needed repair is beyond the ability of the bicycle officer, a repair work order will be completed and forwarded to the program supervisor for repair by an approved technician.

Each bicycle will have scheduled maintenance twice yearly to be performed by a department- approved repair shop/technician.

At the end of a bicycle assignment, the bicycle shall be returned clean and ready for the next tour of duty.

Patrol bicycle batteries shall be rotated on the assigned charger at the end of each tour of duty. During prolonged periods of non-use, each officer assigned an electric bicycle shall periodically rotate the batteries on the respective charges to increase battery life.

Except in the event of an emergency officers shall not remove or add components or modify the patrol bicycle without the expressed approval of the bicycle supervisor.

Vehicle bicycle racks are available should the officer need to transport the patrol bicycle. Due to possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car push- bumper is discouraged.

Except when emergency circumstances preclude doing so patrol bicycles should be properly secured when not in the officer's immediate presence.

460.6 OFFICER RESPONSIBILITYOfficers must operate the bicycle in compliance with the Oregon Revised Statutes. Officers may operate the bicycle without lighting equipment during hours of darkness when such operation


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reasonably appears necessary for officer safety and tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment.


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Policy

464


Policy Manual

Homeless Persons464.1 PURPOSE AND SCOPEThe purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide officers during all contacts with the homeless, whether consensual or for enforcement purposes. The Portland State University-Campus Public Safety Office recognizes that members of the homeless community are often in need of special protection and sen/ices. The Portland State University-Campus Public Safety Office will address these needs in balance with the overall missions of this department. Therefore, officers will consider the following policy sections when serving the homeless community.

464.1.1 POLICYit is the policy of the Portland State University-Campus Public Safety Office to provide law enforcement services to all members of the community while protecting the rights, dignity and private property of the homeless. Homelessness is not a crime and members of this department will not use homelessness solely as a basis for detention or law enforcement action.

464.2 HOMELESS COMMUNITY LIAISONThe Director of Public Safety will designate a member of this department to act as the Homeless Liaison Officer. The responsibilities of the Homeless Liaison Officer include the following:

(a) Maintain and make available to all department employees a list of assistance programs and other resources that are available to the homeless.

(b) Meet with Social Services and representatives of other organizations that render assistance to the homeless.

(c) Maintain a list of those areas within and near this jurisdiction that are used as frequent homeless encampments.

(d) Remain abreast of laws dealing with the removal and/or destruction of the personal property of the homeless. This will include the following:

1. Proper posting of notices of trespass and clean-up operations.

2. Proper retention of property after clean-up, to include procedures for owners to reclaim their property in accordance with Policy Section 804 and other established procedures.

(e) Be present during any clean-up operation conducted by this department involving the removal of personal property of the homeless to ensure the rights of the homeless are not violated.

(f) Develop training to assist officers in understanding current legal and social issues relating to the homeless.

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464.3 FIELD CONTACTSOfficers are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a non-violent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest.

Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent such services may be appropriate.

464.3.1 OTHER CONSIDERATIONSHomeless members of the community will receive the same level and quality of service provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects:

(a) Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends.

(b) Document places the homeless person may frequent.

(c) Provide homeless victims with victim/witness resources when appropriate.

(d) Obtain statements from ail available witnesses in the event a homeless victim is unavailable for a court appearance.

(e) Consider whether the person may be a dependent adult or elder and if so, proceed in accordance with the Elder Abuse Policy.

(f) Arrange for transportation for investigation related matters, such as medical exams and court appearances.

(g) Consider whether a crime should be reported and submitted for prosecution even when a homeless victim indicates he/she does not desire prosecution.

464.4 HOMELESS ENCAMPMENTSOfficers who encounter encampments, bedding or other personal property in public areas that reasonably appears to belong to a homeless person should not immediately remove or destroy such property and should inform the department Homeless Liaison Officer if such property appears to involve a trespass, blight to the community or is the subject of a complaint. When practicable, requests by the public for clean-up operations of a homeless encampment should be referred to the Homeless Liaison Officer.


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464.4.1 HOMELESS CAMPS ON PUBLIC PROPERTYPrior to removing homeless individuals from an established campsite on public property, officers shall:

(a) If individuals are present, advise violators that they are camping on public property and such encampments are illegal.

(b) Post the area with a notice in English and Spanish advising the violators to vacate within 24 hours. This same notice shall list a local agency that delivers social services to homeless individuals.

(c) Notify the agency listed on the posting of the campsite's location.

(d) Obtain a case number and prepare a police report documenting the incident.

The 24-hour warning notice requirement is not necessary if officers reasonably believe that illegal activity unrelated to the camping violation is occurring or in the event of an exceptional emergency such as a possible site contamination by hazardous materials, or when there is immediate danger to human life or safety (ORS 203.079).

464.4.2 CAMPING ON PRIVATE PROPERTYCamping on private property without the owner’s permission should be handled as a trespass complaint. Owners of private property may allow individuals to camp, provided they do so in a manner consistent with provisions of the Portland State University Camping Ordinance.

464.4.3 CAMPING IN CAMPUS PARKSIllegal campers found in Campus parks during hours the parks are closed may be cited or arrested for violation of park rules.

464.5 PERSONAL PROPERTYThe personal property of homeless persons must not be treated differently than the property of other members of the public. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person.

When a homeless person is arrested, or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, the arrestee's personal property should be collected for safekeeping. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure the property. It will be the supervisor's responsibility to coordinate the removal and safekeeping of the property. Items that have no apparent utility or are in an unsanitary condition may be immediately discarded upon removal of the homeless individual(s) from the camp site (ORS 203.079(d)).


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All property collected for safekeeping shall be stored for a minimum of 30 days. The seizing officer shall ensure that reasonable efforts are made to inform the owner of status of the property and inform him/her of how and when such property may be claimed (ORS 203.079(d)).

Officers should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor or the department Homeless Liaison Officer.

464.6 MENTAL ILLNESSES AND MENTAL IMPAIRMENTSSome homeless persons may suffer from a mental illness or a mental impairment. Officers shall not detain a homeless person under a mental illness commitment unless facts and circumstances warrant such a detention.

When a mental illness hold is not warranted, the contacting officer should provide the homeless person with contact information for mental health assistance as appropriate. In these circumstances, officers may provide transportation to a mental health specialist if the person consents and approved by a supervisor.

464.7 ECOLOGICAL ISSUESSometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification.

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Policy Manual

Public Recording of Law Enforcement Activity465.1 PURPOSE AND SCOPEThis policy provides guidelines for handling situations in which members of the public photograph or audio/video record law enforcement actions and other public activities that involve members of this department. In addition, this policy provides guidelines for situations where the recordings may be evidence.

465.2 POLICYThe Portland State University-Campus Public Safety Office recognizes the right of persons to lawfully record members of this department who are performing their official duties. Members of this department will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence of a crime or relevant to an investigation will only be collected or seized lawfully.

Officers should exercise restraint and should not resort to highly discretionary arrests for offenses such as interference, failure to comply or disorderly conduct as a means of preventing someone from exercising the right to record members performing their official duties.

465.3 RECORDING LAW ENFORCEMENT ACTIVITYMembers of the public who wish to record law enforcement activities are limited only in certain aspects.

(a) Recordings may be made from any public place or any private property where the individual has the legal right to be present.

(b) Beyond the act of photographing or recording, individuals may not interfere with the law enforcement activity. Examples of interference include, but are not limited to:

1. Tampering with a witness or suspect.2. Inciting others to violate the law.

3. Being so close to the activity as to present a clear safety hazard to the officers.4. Being so close to the activity as to interfere with an officer’s effective communication

(c) The individual may not present an undue safety risk to the officers, him/herself or others.

465.4 OFFICER/DEPUTY RESPONSEOfficers should promptly request a supervisor respond to the scene whenever it appears that anyone recording activities may be interfering with an investigation or it is believed that the recording may be evidence. If practicable, officers should wait for the supervisor to arrive before taking enforcement action or seizing any cameras or recording media.

Whenever practicable, officers or supervisors should give clear and concise warnings to individuals who are conducting themselves in a manner that would cause their recording or

with a suspect or witness.


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behavior to be unlawful. Accompanying the warnings should be clear directions on what an individual can do to be compliant; directions should be specific enough to allow compliance. For example, rather than directing an individual to clear the area, an officer could advise the person that he/she may continue observing and recording from the sidewalk across the street.

If an arrest or other significant enforcement activity is taken as the result of a recording that interferes with law enforcement activity, officers shall document in a report the nature and extent of the interference or other unlawful behavior and the warnings that were issued.

465.5 SUPERVISOR RESPONSIBILITIESA supervisor should respond to the scene when requested or any time the circumstances indicate a likelihood of interference or other unlawful behavior.

The supervisor should review the situation with the officer and:

(a) Request any additional assistance as needed to ensure a safe environment.(b) Take a lead role in communicating with individuals who are observing or recording regarding

any appropriate limitations on their location or behavior. When practical, the encounter should be recorded.

(c) When practicable, allow adequate time for individuals to respond to requests for a change of location or behavior.

(d) Ensure that any enforcement, seizure or other actions are consistent with this policy and constitutional and state law.

(e) Explain alternatives for individuals who wish to express concern about the conduct of Department members, such as how and where to file a complaint.

465.6 SEIZING RECORDINGS AS EVIDENCEOfficers should not seize recording devices or media unless ("First Amendment Privacy Protection, Unlawful Acts", 42 USC § 2000aa):

(a) There is probable cause to believe the person recording has committed or is committing a crime to which the recording relates, and the recording is reasonably necessary for prosecution of the person.

1. Absent exigency or consent, a warrant should be sought before seizing or viewing such recordings. Reasonable steps may be taken to prevent erasure of the recording.

(b) There is reason to believe that the immediate seizure of such recordings is necessary to prevent serious bodily injury or death of any person.

(c) The person consents.1. To ensure that the consent is voluntary, the request should not be made in a

threatening or coercive manner.2. If the original recording is provided, a copy of the recording should be provided to the

recording party, if practicable. The recording party should be permitted to be present while the copy is being made, if feasible.


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Recording devices and media that are seized will be submitted within the guidelines of the Property and Evidence Policy.

Printed Date: 2015/02/05® 1995-2015 Lexipol, LLC

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Documents

Chapter 4 - Patrol Operations - Portland State University 4 - Patrol... · Chapter 4 - Patrol Operations Patrol Operations - 200 ***DRAFT** Portland State University-Campus Public

Chapter 4 - Patrol Operations - Portland State University 4 - Patrol... · Chapter 4 - Patrol Operations Patrol Operations - 200 *DRAFT Portland State University-Campus Public