45404392.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER ACCREDITATION TITLE CALEA Chapter 82 Trespassing PRIOR REVISIONS: 09/14/2016 PROPONENT UNIT ATTACHMENT: Patrol Operations Bureau 2 NUMBER ISSUE DATE REVISION DATE TOTALPAGES 40.37 09/11/2008 11/18/2021 16 I. PURPOSE: This order is to establish guidelines for the proactive enforcement of Trespass Violations. II. POLICY: The Gainesville Police Department will enforce Florida Statutes and City Ordinances relating to trespassing. III. DEFINITIONS: Authorized Person: Any owner, his or her agent, or a community association authorized as an agent for the owner, or any law enforcement officer whose department has received written authorization from the owner, his or her agent, or a community association authorized as an agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare. Note: Written authorization must be given to those, including community associations, acting as an agent for the property owner. Trespass on a property other than a structure or conveyance F.S. 810.09: Whoever, without being authorized, licensed or invited, willfully enters or remains in any Property other than a structure or conveyance to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing or as described in F.S. 810.11. Trespass Authorizations for City Property: Trespass Authorization will normally be specific to the location where the trespass is issued, and not apply to all or similar city properties, unless otherwise stated in the TEA form. For example: Trespass at a RTS bus stop is specific to that bus stop and does not apply to all bus stops in the city. Trespass at Westside park dos not apply to any other park. Page 1 | 11\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER IV. PROCEDURE: A. Trespass Warning: The verbal or written warning to not trespass, or to depart and not return, should be given to the subject by the premise/conveyance owner, lessee or authorized person. 1. Trespass Warning Issued by the Property Owner: An officer is not required to be present for a valid warning to be given. A person to whom a warning is given should not be detained for the purpose of having an officer present to hear the warning. Trespass warnings done by the property owner are non-expiring. 2. Trespass Warning by Officer/TEA (Trespass Enforcement Authorization): If authorized by the owner, lessee, or authorized person and a threat to public safety exists an officer may serve notice. Warnings may be given regardless if the suspect is on the property or not when contacted by the officer, trespass warnings given to an individual by an officer shall be valid for one year from the date of issuance. B.Trespass Warning Field Interview Card: For cooperative subjects, the trespass warning shall be documented a Field Interview Card. An Officer shall not detain an individual in order to get the information below. Trespass warnings reports shall contain: [CALEA 82.2.1.a & 82.2.1.c] 1. The trespasser’s name, address, date of birth, race and sex; 2. The name, address/location of the property in question 3. The name, address and phone number of the authorized agent 4. The date and time the warning was given; and 5. The I.D. number of the communications personnel entering the subject into the Trespass Warning file for the given location. C. Trespass Enforcement Authorization Form (GPD form #135): [CALEA 82.2.1.b] 1. Florida State Statute provide for the protection of private property from unauthorized intrusion by a person. It is further dictated that the property owner may authorize an individual, agent, or community association to act as his/her agent during the property owner’s absence in the case of a threat to public safety or welfare. The threat to public safety is only a restriction when an officer is acting on behalf of a TEA (See Section H of this policy). 2. In an effort to assist property owners who wish to designate authorized agents, the Gainesville Police Department shall provide a Trespass Enforcement Authorization form to interested property owners. Page 2 | 11\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER 3. The property owner must complete the Trespass Enforcement Authorization form, have it notarized, and provide the original copy of the notarized affidavit to the Gainesville Police Department. 4. The original copy of the Trespass Enforcement Authorization form shall be provided to Records. The Records Section will then create a FI Card and scan the original TEA into RMS, attaching it to the FI Card. 5. Written authorization must remain current therefore Trespass Enforcement Authorization form shall be updated annually. D. Trespass Incidents: 1. Complaint-Initiated Trespass Incidents: [CALEA 82.2.2.b & 82.2.2.c] i. Contact the complainant and conduct a thorough investigation. ii. Determine if the complainant has the authority to give a trespass warning (e.g. property owner, lessee, affidavit holder, etc.). iii. The complainant indicates a previous documented trespass Warning was given, contact the Records Section and request a query for prior trespass warnings given to the subject for the property in question. The officer may contact records directly or request that his be done through the Combined Communications Center (CCC). iv. Meet with the subject and investigate his/her reason/purpose for being on the property. v. Determine if a trespass exists. Consider the following factors when making the determination: a. Whether access to the property is restricted by posting, fencing, or cultivation; b. Whether the owner or agent has provided notice via actual communication with the subject; Page 3 | 11\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER c. If the property is a construction site, whether the site legally posted and identified as a construction site as detailed in paragraph 6c of this procedure; or d. Whether a previous documented Trespass Warning was given to the subject. If the owner or agent asserts that he/she has previously warned the subject for trespassing, the officer shall obtain a written sworn statement attesting to the prior warning circumstances and facts. The sworn statement should also include how the subject violated the trespass after warning was provided. vi. The complainant may convey his/her wish to have the subject leave the property to the subject. a. If the subject agrees to leave and the complainant wishes to trespass the subject a Trespass Warning will be given. b. If the subject refuses to leave, the officer will take the subject into custody for a Trespass after warning. vii. If the officer is unable to locate the suspect a Sworn Complaint shall be completed when probable cause exists and the owner is able to identify the suspect. viii. The officer will complete an incident/investigation report documenting the circumstances surrounding the investigation. 2. Officer-Initiated Trespass Incidents: [CALEA 82.2.2.d] [Suggestion: Should specifically differentiate between trespass warning previously given by owner vs. situations where officer issued Trespass Warrant pursuant to TEA. i. When an officer locates a suspect he/she believes is trespassing, the officer shall determine if a documented Trespass warning has been given to the suspect for the property in question by: Page 4 | 11\n\n--- Page 5 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER a. If feasible and safe check the suspect through RMS; b. Contacting the Records Section directly or via CCC, and requesting a query for prior Trespass Warnings given to the suspect for the property inquestion. ii. An officer finding that a valid written Trespass Warning exists for the subject and property in question may arrest the suspect for Trespass after warning. a. If the trespass warning was issued by the owner of the property, there is no expiration date on the