546520

ORANGE COUNTY SHERIFF'S OFFICE TRAINING BULLETIN Effective Date: February 11, 2015  Amends - TB 15 -1 (June 8, 2007) Number: 15-1 Distribution: All Sworn Personnel Review Month: September Reviewing Authority: UPD / UPD Command Subject: Rapid Identification System This training bulletin consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to establish guidelines for the use of the Rapid Identification System to rapidly confirm a positive identification and criminal history if electronic fingerprints of the subject/suspect exist in Florida’s criminal fingerprint identification system. 2. Policy It is the policy o f the agency to provide agency personnel with a specialized tool to assist in the positive identification of individuals under appropriate circumstances, in an effort to prevent crime, apprehend criminals, and fulfill its mission to provide a safe community for our citizens. 3. Definitions A. AKA (Also Known As) – an alias or fictitious name. B. Archive – the data base containing arrest data. C. BRC – the Booking and Release Center at Corrections. D. Fingerprint Reader – a small piece of hardware that plugs into a computer with a fixed piece of glass used to scan/ read a fingerprint. E. Rapid Identification System - A combination of hardware and software that enables a deputy to access arrest data, including photos, via fingerprints. The system is an identification tool and is not intended to replace the positive i dentification made by the Orange County Corrections Department for booking purposes. The system is sufficient to establish probable identification for arresting someone on a warrant. F. Scanning – the procedure of placin g a finger on the glass of the fin gerprint r eader so that the captured image of the print may be compared to the data in the archive. 4. Procedures A. Issuance of the Fingerprint Reader 15-1, Page 2 of 4 1. Each Fingerprint Reader will be assigned by the Sector/Section Commander once the operator has received a ppropriate training on the operation of the system. 2. All Fingerprint Reader units must be properly maintained in accordance with the manufacturer’s recommendations as detailed in the training provided prior to use. B. Guidelines for use of the Rapid Identi fication System 1. Consent: The Rapid Identification System may be used in situations where the subject to be fingerprinted has given a knowing and willing consent or permission for the use of the device. a. As with other forms of consent, the consent may be limited or withdrawn at any point by the subject. b. If con sent is withdrawn; use of the Rapid Identification System is not authorized and its use must stop immediately. Members shall not force or coerce anyone to submit to the scan. 2. Reasonable Suspicion : The Rapid Identification System may be used in situations where reasonable suspicion can be articulated that the subject to be printed has committed, or is about to commit a criminal act, when there is justifiable and reasonable belief that such printing via the Rapid Identification System will either establish or nullify the subject’s connection to the crime. Failure to comply with a request to provide a Rapid Identification scan under these circumstances may constitute a form of obstr uction; however it may be more appropriate to use the failure to comply as further evidence of suspicion for the crime and simply proceed with the investigation without the scan. 3. The Rapid Identification System may be used in situations where the subject to be printed wou ld otherwise be required to give traditional fingerprint samples to include , but not limited to: a. Probable Cause arrest situations b. Required sentencing fingerprints for court c. When a subject is issued a citation (if the citation requires fingerprints to be af fixed), a Rapid Identification System scan might be used to rapidly confirm the identity given by the subject matched his prints , since proof of his correct identity is already in question and is the cause for placing the print on the citation in the first place. 4. Subpoena: The Rapid Identification System may be used where the use of the device has been specifically authorized pursuant to a valid subpoena; however, if the subpoena is not for immediate compliance, the subject should be allowed to appear for fingerprinting at the future time indicated on the subpoena. a. Deputies should be aware that the subject may be able to quash the subpoena. b. Failure to honor a subpoena for a Rapid Identification System scan 15-1, Page 3 of 4 should be addressed in court and not be handled by attempting to force compliance via enforcement actions at the time of refusal to comply. 5. Court Order: The Rapid Identification System may be used in situations where the use of the system has been specifically authorized pursuant to a valid court order. a. Where a court order requiring the use has been ordained, reasonable and safe efforts to gain compliance may be employed. b. Failure to comply may constitute contempt of court and may also constitute obstruction of justice. 6. Non-Standard Use: Use of the Rapid Identification System for random or generalized investigative or intelligence gathering, with no focused case or other reason is not authorized. Special care should be taken to confirm devices are not used for