Police Department Policy

KPDGO_GO_417_-_Field_Interview_628472

Kissimmee Police Department

Policy Text
KISSIMMEE POLICE DEPARTMENT General Order 417 Page 1 of 3 417.01 Contact 417.0 4 Documentation 417.02 Stops or Detentions 417.0 5 Distribution of Cards 417.03 Consensual Encounters 417.0 6 Records Retention Policy: To confirm field interviews are conducted in purs uit of the legitimate goals of the Department which include discouraging criminal activity, identifying suspect and adding intelligence information. 417.01 Contact: Certain constitutional safeguards must be observed, since field interviews may range from casual consensual encounters to investigative detentions, and finally; to the actual arrest of the person and/or seizure of property. Each of these situations is legally distinguishable and officers should be aware that different rules of law apply in each of the following cases: a. Officers are encouraged to establish informal contacts with citizens to assist in the development of suspects and leads, and to aid in the solving of crimes; b. Persons may not be detained against their will unless reasonable suspicion or probable cause exists to believe that the person is involved in criminal activity (investigative detention arrest or probable cause); c. If this reasonable suspicion does not exist , the subject of the interview must be considered free to leave at any time and may depart without interference sho uld he or she desire to do so; and, d. During consensual encounters, an officer must ensure that his or her words and actions would indicate t o a reasonable person that the person is free to leave o r to ignore the police presence. 417.02 Stops , or Detentions: Temporary detentions are appropriate under circumstances which: a. Reasonably indicate that the person has committed, is committing, or is about to commit a violation of law, but probable cause does not exist for the arrest of the person; Title: Field Interview Effective Date: July 1, 2015 Revised Date: July 31, 2022 Review Authority: Patrol Division Captain Scope: All Employees KISSIMMEE POLICE DEPARTMENT General Order 417 Page 2 of 3 b. Warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity due to actions of the person not u sual for law - abiding citizens, but short of probable cause for arrest. A temporary investigative detention may not extend beyond the place where it was first affected or the immediate vicinity thereof, without the expressed and voluntary consent of the su bject. Upon the conclusion of the field interview, if probable cause for the arrest of the person still does not exist, then the person shall be released. 417.03 Consensual Encounters : Contact with a person that involves no coercion, no detention, and t herefore no arrest or seizure (i.e., the citizen has consented to the encounter and would think they are free to leave). When contact with a person is voluntary, that person may be requested, but not compelled, to provide biographical information (such as name, date of birth, and address). Contact of a person for a Field Interview is not an arrest and must be of a reasonable duration. The officer should explain to the person the purpose of t he contact and ascertain the person’s identity and circumstances surrounding his/her presence in the area. 417.04 Documentation: The officer shall confirm that all sections of the Field Interview Module are complete. The Field Interview Module is forwarde d electronically through the Department’s Mobile Field Reporting program. In the event , that the Field interview Module is down due to a system error, or an officer is without a computer, a Field Interview Card will be completed. Officers will ensur e the Field Interview Module or Field Interview Card are complete to include the following: a. Attire or clothing description; b. Scars, marks , and tattoos; c. Circumstances initiating the field intervie w and explanation of conduct; d. Any other pertinent data such as computer checks, whether an arrest was made , or vehicle information; e. If a juvenile is contacted the parent or guardian’s name, address , and phone number shall be included on the Field Intervie w Card; and, f. Officers may obtain fingerprints and/or photographs during the field contacts with consent. Field Interview Cards are public records and only factual information shall be recorded o n the form. Officers shall adhere to all local, sta te, and federal laws when gathering personal information. 417.05 Distribution of Cards: The Field Interview Card has three copies and shall be routed as follows: a. White: Records copy; b. Yellow: Complainant/ Guardian ; KISSIMMEE POLICE DEPARTMENT General Order 417 Page 3 of 3 c. Pink: Subject’s copy. The completed Fiel d Interview Card shall be turned in to the Patrol Supervisor at or before the end of the tour of duty on which it was compiled. The shift supervisor will review, approve, and route as above. The Records Unit will enter the information from the Field Inter view Cards into the Crime Management System, Field Interview Section. 417.06 Records Retention: The original Field Interview Card shall be retained and, when applicable, purged in compliance with applicable state laws and department guidelines. Field Interview Cards entered as evidence shall be retained and disposed of in accordance with the Evidence Submission and Packaging General Order.

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