Police Department Policy

OAKLAND_K-09_-_Department_Canine_Program_421

Oakland PD

Policy Text
OFFICE OF CHIEF OF POLICE OAKLAND POLICE DEPARTMENT MEMORANDUM TO: All Personnel DATE: 16 Oct 14 SUBJECT: Revised DGO K-9, DEPARTMENT CANINE PROGRAM (01 Aug 06) The purpose of th is revision is to update policy consisten t with the revision of DGO K -3, USE OF FORCE and industry best practices . Training Bulletin V -G, USE OF POLICE CANINES, has been incorporated in to DGO K -9 and is hereby cancelled. Based on the incorporation of TB V -G and the length of the other revision s, the Special Operations Se ction will provide line-up training on the policy revision to Patrol personnel . Supervisors and Commanders outside of Patrol are encouraged to send their personnel to one of the training dates (see 14 Oct 14 email from Lt. Joshi.) Overtime is not authori zed to attend the training. Additionally, the training will be available on PowerDMS. Patrol Canines should not be deployed until the training has been completed on 31 Oct 14. However, Patrol canines may be deployed prior to 31 Oct 14 under exigent circu mstances (e.g., blue alert, barricaded armed suspect , etc.) or by Watch Commanders and supervisors who have received the training and understand the policy. The following is a brief summary of the substantive changes to DGO K -9. The training and th is summary s hall not take the place of the review and understanding of the entire document : Forcible Violent Crime definition (Part II, A) The forcible violent crime definition mirrors that of DGO J -4, PURSUIT DRIVING Deployment criteria (Part III, A, 2, a -d) a. To search for and assist in the apprehension of criminal suspects when there is reasonable suspicion to believe they committed a forcible violent crime , burglary or a weapon -related offense. b. To pursue and apprehend criminal suspects who are attemp ting to actively evade arrest, providing the suspect meets the criteria listed in Part III, A, 2, a, above; c. To provide protection to canine handlers if they are attacked by a suspect; d. Police Canines shall not be deployed to search for and assist i n the apprehension of: 1) Persons suspected of less serious crimes; 2) Suspects who are known or should reasonably be known to be less than 15 years of age; 3) Suspects known or should reasonably by known to be more than 70 years of age; or 4) Pregna nt women. Exception : A commander may authorize deployments on these suspects when there are specific, articulable facts that indicate the suspect poses an immediate threat of loss of life or serious bodily injury to officers or others. New definition - Unintentional Bite (Part II, J, 1 -3) Unintentional Bite A canine Bite, on a subject, which occurs under one or more of the following circumstances, is an Unintentional Bite: 1. Without being given a deployment command by the Canine Handler; 2. The subj ect bitten is not the intended target of the deployment; or 3. During any non -law enforcement action. Unintentional Bites are not a reportable use of force. Unintentional Bites on members or employees participating in authorized training do not require reporting as specified in Part III, A, 7, c, 1 -4. Use of Force Investigations (Part III, A, 7) 7. Use of Force Investigations a. Canine use of force incidents shall be reported and investigated in accordance with DGO K -4, REPORTING AND INVESTIGATING THE USE OF FORCE. 1) A canine deployment in which a suspect is located by the canine but no bite occurs shall be reported as a Level 4 Use of Force. 2) A canine deployment in which a bite occurs shall be reported and investigated as a Level 2 Use of Force. 3) A canine deployment in which the suspect is located by a means other than the canine, or when no suspect is located, is not a reportable use of force. b. Supervisors in charge of the search for a criminal suspect that results in a use of force shall not conduct the use of force investigation. c. Unintentional Bites are not reportable uses offorce. 1) Unintentional bites, regardless of whether they occur when the Canine Team is on or off duty, shall be investigated by an uninvolved supervisor. 2) The investigating supervisor shall take all ofthe applicable investigative steps outlined in DGO M-3, COMPLAINTS AGAINST DEPARTMENT PERSONNEL OR PROCEDURE, for a Preliminary Inquiry. 3) The investigation shall be documented on a Complaint Memorandum and forwarded to lAD through the SOS Commander. 4) Even though an Unintentional Bite is not a reportable uses of force, canine handlers may be held accountable for an Unintentional Bite by their canine. The circumstances of each incident shall be individually evaluated to determine if negligence is indicated. Personnel shall acknowledge receipt, review, and understanding ofthis directive in accordance with the provisions ofDGO A-I, DEPARTMENTAL PUBLICATIONS. By order of Sean Whent Chief of Police Date Signed: _ DEPARTMENTAL GENERAL ORDER K-9 Index as: Department

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