GGPDE_417_-_Contacts_and_Temporary_Detentions_2762643

Policy 417Garden Grove Police Department Policy Manual Copyright Lexipol, LLC 2022/05/24, All Rights Reserved. Published with permission by Garden Grove Police DepartmentContacts and Temporary Detentions - 1Contacts and Temporary Detentions 417.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for temporarily detaining but not arresting persons in the field, conducting field interviews (FI) and pat-down searches, and the taking and disposition of photographs. 417.1.1 DEFINITIONS Definitions related to this policy include: Consensual encounter - 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 - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purpose of determining the individual's identity and resolving the officer's suspicions. Field photographs - Posed photographs taken of a person during a contact, temporary 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, body-worn camera, or public safety camera when persons are not posed for the purpose of photographing are not considered field photographs. Pat-down search - A type of search used by officers in the field to check an individual for dangerous 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. Reasonable suspicion - 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. Temporary detention - When an officer intentionally, through words, actions, or physical force, causes an individual to reasonably believe he/she is required to restrict his/her movement without an actual arrest. Temporary detentions also occur when an officer actually restrains a person’s freedom of movement. 417.2 POLICY The Garden Grove Police Department respects the right of the public to be free from unreasonable searches or seizures. Due to an unlimited variety of situations confronting the officer, the decision to temporarily detain a person and complete a field interview (FI), pat-down search, or field photograph shall be left to the officer based on the totality of the circumstances, officer safety considerations, and constitutional safeguards. Garden Grove Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2022/05/24, All Rights Reserved. Published with permission by Garden Grove Police DepartmentContacts and Temporary Detentions - 2417.3 FIELD INTERVIEWS Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a person, and conduct an FI, when there is articulable, reasonable suspicion to do so. A person, however, shall not be detained longer than is reasonably necessary to resolve the officer’s suspicion. Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact with consenting individuals is encouraged by the Garden Grove Police Department to strengthen community involvement, community awareness, and problem identification. 417.3.1 INITIATING A FIELD INTERVIEW When initiating the stop, the officer should be able to point to specific facts which, when considered with the totality of the circumstances, reasonably warrant the stop. Such facts include but are not limited to an individual's: (a)Appearance or demeanor suggesting that he/she is part of a criminal enterprise or is engaged in a criminal act (b)The person contacted is a named suspect in a reported crime, but additional information, such as current address or photograph for a lineup, is needed to complete an ongoing investigation. (c)The person contacted is a possible suspect in a crime, or his/her physical description matches the suspect in a specific crime. A photograph may be taken for identification or elimination purposes. (d)The person committed a minor infraction in the officer's presence. Subject was warned, and a field interview card was completed in lieu of arrest. (e)The subject was engaged in suspicious activity, which caused the officer's attention to be focused upon him/her. Examples of such activity would include loitering around closed businesses without apparent business, erratic driving for no reason, and attempting to hide from the officer, etc. (f)Presence in an area at an inappropriate hour of the day or night (g)Presence in a particular area is suspicious (h)Carrying of suspicious objects or items (i)Excessive clothes for the climate or clothes bulging in a manner that suggest he/she is carrying a dangerous weapon (j)Prior criminal record or involvement in criminal activity as known by the officer 417.4 PAT-DOWN SEARCHES Once a valid stop has been made, and consistent with the officer's training and experience, an officer may pat a suspect's outer clothing for weapons if the officer has a reasonable, articulable suspicion the suspect may pose a safety risk. The purpose of this limited search is not to discover evidence of a crime, but to allow the officer to pursue the investigation without fear of violence. Garden Grove Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2022/05/24, All Rights Reserved. Published with permission by Garden Grove Police DepartmentContacts and Temporary Detentions - 3Circumstances that may establish justification for performing a pat-down search include but