Police Department Policy

41602036.pdf

Gainesville Police Department

Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Breathalyzer Room CALEA 71.1.1; 71.2.1; 71.3.1(a-e); 71.3.3(a-g); 71.4.1, 71.4.2, 71.4.3 PRIOR REVISIONS PROPONENT UNIT 01/03/18, 12/18/19 Patrol Support Bureau ATTACHMENT: 0 NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 72.2 01/03/18 03/16/2021 4 I. PURPOSE: This Order establishes guidelines, policies and procedures for the temporary detention of persons at the police facility in the breathalyzer room for a law enforcement purpose and / or pursuant to an investigation. II. POLICY: It will be the policy that individuals arrested are delivered directly to the appropriate detention facility if possible. If it is necessary to bring an arrestee to the department first for processing or testing (i.e. breath test), the arrestee will be held in the breathalyzer room. III. DEFINITION: Prisoner: A person who has been arrested and taken into custody. IV. PROCEDURE: If arrestees are brought to the department for a breath test the following procedures will be utilized: A. Processing/Testing Area: The processing testing area will be the breathalyzer room (room #166) located in the sally port of the main building. The room is equipped with chairs for prisoner and officer use. [CALEA 71.1.1] 1. Prisoners of different genders will be separated by sight and sound from one another. [CALEA 71.3.1.e] 2. Juveniles will be separated from adults by sight and sound [CALEA 71.3.1.f] Department members will refer to the Special Considerations for Juveniles” referenced in General Order 72.1- Interview Rooms/Temporary Detention of Persons at the Main Police Facility. [CALEA 71.3.1.e] 3. If a prisoner is transported to the breathalyzer room, the officer will notify the Combined Communication Center (via CAD screen or radio). The arresting officer will include in his/her report the reason the prisoner was brought to the department and the date and time the prisoner was placed in and removed from the breathalyzer room. [CALEA 71.3.1.a]\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT 4. Weapons: To prevent weapon acquisition (handguns, chemical agents, batons, etc.) by persons being detained, members shall practice safe positioning and proximity to the detainee. Members shall i. Keep their gun sides away from the suspects. ii. Ensure that the subject(s) do not access other weapons, such as the baton, C spray, TASER, and personal weapons. [CALEA 71.3.3.a] 4. Officers will utilize the ECB (emergency call buttons) on their radio in case of emergencies. [CALEA 71.3.3.b] 5. Only persons required being in the breathalyzer room for work related reasons (breath test operator, arresting officer, EMS, or back-up) will be allowed in the room. CALEA 71.3.3.c] 6. To prevent escape, prisoners will be handcuffed behind their back. [CALEA 71.3.3.d] Members will not connect detainees’ restraints to fixed objects, unless an object (e.g. ring or bar) specifically designed and intended for such purpose is installed in the room. [CALEA 71.3.1.d & 71.3.2] 7. Officers will not leave their prisoners unattended in the breathalyzer room. Officers will have constant supervision of prisoners. If immediate intervention is needed, the officer will notify Communications to request assistance. [CALEA 71.3.1.c & 71.3.3.f] 8. Officers will maintain constant supervision of detainees not contained in the breathalyzer room. [CALEA 71.3.3.e] 9. The Breathalyzer room is equipped with a video recording device. However, it will not be used to monitor detainees between face-to-face visual observations. Prisoners will not be left unattended while in the breathalyzer room. CALEA 71.3.3.g] 10. Officers will refer and adhere to the procedures in General Order 61.3 Impaired Driver Enforcement regarding Breath Testing B. Security: 1. Officers may retain custody of their weapons while processing prisoners inside of the breathalyzer room. Officers will use all necessary precautions to prevent a prisoner from obtaining control of the officers’ weapons. 2. Officers will search all persons at the time of arrest and prior to entry to the breathalyzer room. [CALEA 71.3.1.b] 3. Officers will inspect the breathalyzer room for weapons, contraband, or objects that could be used as weapons prior to placing a prisoner in the room and immediately after removal of a prisoner from the room. Any issues will be forwarded to the members’ supervisor for notification and subsequent resolution. [CALEA 71.4.3] 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT 4. If an officer needs assistance, any means of communication may be used including, but not limited to: portable radio and alert button; telephone; and verbal alarm. C. Prisoner Supervision: The following guidelines will be used when persons under arrest are temporarily detained for processing or testing in the breathalyzer room: 1. The arresting officer will be responsible for the supervision of the prisoner. [CALEA 71.3.1.b] 2. Prisoners will be allowed reasonable access to water and restroom facilities. [CALEA 71.4.1] The following restrictions will apply: i. Before any prisoner or suspect using the restroom, an officer will search for and remove from the restroom any items which may be used as a weapon or means of escape. The officer will search the restroom before and after use. ii. Circumstances may dictate that same gender officers accompany the prisoner or suspect in the restroom. 3. Meals are not provided. [CALEA 71.3.1.a] 4. All prisoners will be searched for flammable materials such as lighters and matches before placing them in the breathalyzer room to prevent fires. No smoking or possessions of smoking materials are allowed in the area. Should a fire or other emergency occur, the arresting officer will notify the Communications Center for assistance. The arresting officer(s) will escort their prisoner(s) to the nearest exit. Officers are responsible for ensuring that prisoners are properly secured to prevent escape. [CALEA 71.4.2] D. Escape: In the event a person under arrest escapes from an interview room at the Gainesville Police Department, members will follow the listed procedures in General Order 72.1 Temporary Detention of Persons at the Main Police Facility. E. Training: Department members will receive initial training coordinated by the Training and Education Division in issues dealing with security, officer safety issues, resources available, alternate procedures. Department members are also provided with in-service training at least once every four years. [CALEA 71.2.1] F. Inspection: A member of the Traffic Safety Unit will conduct a monthly inspection of the breathalyzer room, and record the findings on the monthly inspection form. The form will be stored electronically and/or in a paper file and kept for four years. G. Administrative Review: An administrative review of the breathalyzer room and associated procedures will be conducted by a member designated by the Traffic Safety Unit Commander. [CALEA 71.4.3] 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT __________________________ By Order of __________________________ Tony R. Jones Chief of Police 4

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