Policy Text
OFFICE OF CHIEF OF POLICE
OAKLAND POLICE DEPARTMENT
SPECIAL ORDER NO. 9042
TO: All Personnel
SUBJECT: New Procedures Re garding Stop Data Collection
EFFECTIVE DATE: 11 Jun 10 TERMINATION: Upon Revision of DGO M-19, RACIAL PROFILING
(Rev. 15 Nov 04) and RWM Insert R-2, COMPLETING THE STOP DATA COLLECTION FORM (Rev. 15 Jan 10)
The purpose of this order is to revise Depart ment policy and procedur e to ensure that all
investigative police encounters with the public are properly documented and that required
information is collected and entered into the Field Based Reporting (FBR) and Computer
Aided Dispatch (CAD) systems. The provisi ons of this Special Order apply to all
members including the Traffic Section, Crime Reduction Teams and Violence
Suppression Teams. Effective immediately, Department Gene ral Order M-19, RACIAL PROFILING and
RWM Insert R-2 are revised as indicated. New DGO M-19, Part II, B
II. DEFINITION OF RACIAL PROFILING B. Investigative Encounter
An investigative encounter is any po lice encounter with a member of the
public when the officer contacts a pers on to confirm or di spel a suspicion
that the person may be involved in criminal activity . This includes
detentions, vehicle stops, walking stops and consensual encounters
(contacts) .
OAKLAND POLICE DEPARTMENT 11 Jun 10
Special Order 9042
Revised DGO M-19, Part III, A and RWM Insert R-2, Introduction III. POLICY A. When FBR Stop Data is Collected
Members shall comple te an electronic FBR Stop Data Collection Form
(SDF) for certain arrests, every de tention not resulting in an arrest
(vehicle, walking, and bicycle stops), every consent search of a person
conducted and any ot her investigative encounter. A SDF shall also be
completed for consensual encounters (contacts) where th e member talks
with a person to confirm or dispel a suspicion that the person may be
involved in criminal activity, although the person is fr ee to leave. The
nature of the contact and the intent of the member is relevant in the
determination to complete an FC and Stop Data Collection Form (in
FBR). When in doubt, members shoul d complete an FC and Stop Data
Form.
1. The following non-discretionary arre sts do not require collection of
stop data. The purpose of colle cting data is to examine
discretionary police encounters w ith the public. Non-discretionary
arrests are limited to arrests
where:
a The member receives the arrest from private person (citizen’s arrest);
b The member receives the arrest from a member of a law enforcement agency (BAR T, ACSO, Parole, etc.);
c Arrests where the officer is directed to the arrested person by a credible witness, complainant, or other person who is
on the scene of the arrest;
d Arrests where the officer is directed to the arrested person by the Communications Section or a law enforcement
officer AND the physical description, location (example:
proximity to crime scene or last known location), timeliness
and criminal activity sufficie ntly and reasonably identifies
the arrestee to the exclusion of anyone else;
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OAKLAND POLICE DEPARTMENT 11 Jun 10
Special Order 9042
e Self-initiated arrests where th e arrested person is known to
the arresting officer and known to be wanted for a specific offense. Persons are “ known” based on photographs,
previous encounters, biol ogical data and physical
descriptions sufficiently iden tifying the arrestee, or the
arrestee self-identified;
f Arrests resulting from an arrest ee’s unsolicited surrender;
and
g Arrests incident to a search warrant service.
2. Mere contact with a person does not require the completion of a
form. (e.g., an officer contacts a person to exchange greetings or
provide assistance answering questions.)
3. Members shall document the reas on(s) whenever, following an
arrest, stop data is not collected,
in the Consolidated Arrest Report
(CAR).
IV. New DGO M-19, Part III, D-K D. Members shall complete all Field C ontact (FC) Reports in FBR by the end
of the reporting member’s shift via th e MDT or desk top computer. Hard
copy or paper FCs are no longer author ized, except when the FBR system
is not operating, in whic h case paper FCs and paper Stop Data forms shall
be completed and submitted to a supe rvisor for review and delayed data
entry by office staff if the system is not operational by the end of the
reporting member’s shift.
E. Members shall complete an FBR Field Contact Report for each
investigative encounter and consent search not resulting in an arrest
documenting the reason for the encount er or search. Each FBR Field
Contact Report shall also contain the Computer Aided Dispatch (CAD)
incident number and RD numbe r if one is assigned.
F. The collection of Stop Data informati on attached to the Notice to Appear
(NTA) is no longer required. However, the citation number from the NTA
shall be entered into the RD Nu mber field in the FBR Stop Data
Collection Form. Members shall enter the number “0” at the beginning of
the RD number field when