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Policy 420Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2021/02/17, All Rights Reserved. Published with permission by Santa Monica Police DepartmentContacts and Temporary Detentions - 1Contacts and Temporary Detentions 420.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for temporarily detaining but not arresting persons in the field, conducting field interviews (FI) and pat-down searches, and the taking and disposition of photographs. 420.1.1 DEFINITIONS Definitions related to this policy include: Consensual encounter - When a sworn officer contacts an individual but does not create a detention through words, actions, or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary. Field interview - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purpose of determining the individual's identity and resolving the officer's suspicions. Field photographs - Posed photographs taken of a person during a contact, temporary detention, or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio Video (MAV) system, body-worn camera, or public safety camera when persons are not posed for the purpose of photographing are not considered field photographs. Pat-down search - A type of search used by officers in the field to check an individual for dangerous weapons. It involves a thorough patting-down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee, or others. Reasonable suspicion - When, under the totality of the circumstances, a sworn officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity. Temporary detention - When a sworn officer intentionally, through words, actions, or physical force, causes an individual to reasonably believe he/she is required to restrict his/her movement without an actual arrest. Temporary detentions also occur when a sworn officer actually restrains a person’s freedom of movement. 420.2 POLICY The Santa Monica Police Department respects the right of the public to be free from unreasonable searches or seizures. Due to an unlimited variety of situations confronting the officer, the decision to temporarily detain a person and complete a field interview (FI), pat-down search, or field photograph shall be left to the officer based on the totality of the circumstances, officer safety considerations, and constitutional safeguards. Santa Monica Police Department Santa Monica Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2021/02/17, All Rights Reserved. Published with permission by Santa Monica Police DepartmentContacts and Temporary Detentions - 2420.3 FIELD INTERVIEWS Based on observance of suspicious circumstances or upon information from investigation, a sworn officer may initiate the stop of a person, and conduct an FI, when there is articulable, reasonable suspicion to do so. A person, however, shall not be detained longer than is reasonably necessary to resolve the officer’s suspicion. Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact with consenting individuals is encouraged by the Santa Monica Police Department to strengthen community involvement, community awareness, and problem identification. 420.3.1 INITIATING A FIELD INTERVIEW A sworn officer may initiate the stop of a person when there is articulable, reasonable suspicion to do so. A person however, should not be detained longer than is reasonably necessary to resolve the officer’s suspicions. Nothing in this policy is intended to discourage consensual contacts. Frequent and random casual contacts with consenting individuals are encouraged by the Santa Monica Police Department to strengthen our community involvement, community awareness and problem identification. 420.3.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an incident may become unavailable or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor and/or criminal investigators to utilize available personnel for the following: (a)Identify all persons present at the scene and in the immediate area. 1.When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2.Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. (b)Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by Department personnel. 1.A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a Department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. Santa Monica Police Department Santa Monica Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2021/02/17, All Rights Reserved. Published with permission by Santa Monica Police DepartmentContacts and Temporary Detentions - 3420.4 PAT-DOWN SEARCHES Once a valid stop has been made, and consistent with the officer’s training and experience, a sworn officer