Policy Text
TRAINING BULLETIN
Evaluation Coordinator: Commander
Automatic Revision Cycle: Years
partment Training Bulletins shall be used to advise members of current police techniques and
procedures and shall constitute official policy.” Index Number: VIII-N
Alpha Index: Guidelines for the
Hearing Impaired Date of Issue / Revision
14 Jan 02
“De
Guidelines for Effective Communication with
Individuals Having Hearing Impairments
Because a successful police contact requires effective communication, officers should use whatever auxiliary aids and services are appropriate (a pad and paper, a Telecommunications
Device for the Deaf (TDD), and/or a qualified interpreter, for example) to effectively
communicate with individuals having a hearing impairment.
When an auxiliary aid or service is required, of ficers must provide an opportunity for individuals
to request the aid and/or service of their choice, and officers must give primary consideration to
the choice expressed by the individual.
"Primary consideration" means the Oakland Po lice Department must honor the choice unless it
can show that another equally effective means of communication is available or that use of the
means chosen would result in a fundamental alteration in the nature of its service, program, or activity or in undue financial and administrative burdens.
Police contact with citizens occurs most frequently during routine traffic stops. In situations
involving drivers who are deaf and use sign language, the officer should use appropriate sign
language to initiate the exchange with the driver and should explain in writing the necessity for a
stop and-if the driver is to be charged with a traffic violation-the reason for the citation.
During a criminal investigation, only qualif ied interpreters shall be used to translate
communications between police and hearing impaired suspects, complainants, and witnesses. For
example, family members and friends, involved or not, shall not be used at a domestic violence
investigation scene to interpret sign language of involved parties. Family members and friends of
involved parties may have unknown alliances and, therefore, may report inaccurate, unreliable
information to investigating officers.
The guidelines discussed below a ffecting officer contact with the hearing impaired address only
those situations in which an officer determines that the services of a qualified interpreter are
necessary to ensure effective communication.
2
Hearing Impaired, Index Number VIII-N
A. Arrest of an Individual Having a Hearing Impairme nt Upon Probable Cause
Without An Interview
In circumstances when an individual without a hearing impairment is arrested on probable cause without an interview, an individual with a hearing impairment in the same
situation usually does not need to be provided with a qualified interpreter.
A qualified interpreter may be required, however, if an officer, using a note pad or
another means of communication, is unable to convey to the arrestee the nature of the
criminal charges. In such in stances, the arrestee should be transported to a holding cell
where either the arresting officer or the tr ansporting officer can communicate through the
interpreter when he or she arrives.
B. Arrest of an Individual Havi ng a Hearing Impairment When an Interview is Needed
If an officer needs to interview a suspect with a hearing impairment to determine if
probable cause exists to make an arrest, a qua lified interpreter must be provided if written
communication is ineffective.
When the services of a qualified interp reter are required to provide effective
communication but the officer cannot wait until a qualified interpreter arrives because the
officer has to respond to another more urgent call, the following procedures apply:
1. If the investigation does not involve a serious offense, the officer must postpone
the interview and possible arrest until the officer can return to the scene when a
qualified interpreter is present. If this arrangement is not possible, the officer
must document his or her investigation as completely as possible and file the
appropriate report.
2. If the investigation involves a serious of fense, the officer, before leaving the
scene, must contact the appropriate Criminal Investigations Division supervisor
and advise the supervisor of the case. The supervisor will determine if an
investigator will be called in to wait for a qualified interpreter. If an investigator
is not called in, the officer must document his or her investigation as completely
as possible and file the appropriate report.
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14 Jan 02 ● Oakland Police Department
C. Interrogating an Arrestee wi th a Hearing Impairment
If an officer cannot effectively inform an arrestee of the Miranda warnings without the
use of an interpreter, then the officer must s ecure the services of a qualified interpreter in
order to communicate accurately the warning to the arrestee prior to any interrogation.
An officer seeking to interrogate an arrestee with a hearing impairment must obtain the
services of a qualified interpreter prior to any interrogation whenever an interpreter is
needed for effective communication. If exigent circumstances do not permit a delay in the interrogation and if an interpreter
cannot be located within a reasonable period of time (which should occur very
infrequently) the officer may proceed with the interrogation by using a note pad if written
communication was effective in convey ing the Miranda warnings. If written
communication was effective in conveying the Miranda warnings, an officer may also proceed with the interrogation in those inst ances when the arrestee specifically declines
the opportunity to communicate through an interpreter. If written communication becomes ineffective, however, because the factual pattern is
complex, for example, because the arrestee is having difficulty communicating without
an interpreter, or because the arrestee chooses to discontinue the interrogation, the officer
must discontinue the interrogation and wait until a qualified interpreter is present before
continuing.
D. Issuance of Appearance Ticket
In circumstances when an individual without a hearing impairment would be issued an
appearance ticket without being questioned by the investigating officer, a suspect with a