Police Department Policy

iii-33-MobileFingerprintDevice

St. Petersburg PD

Policy Text
1 (03/12 /2019 ) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER Subject: MOBILE FINGERPRINT DEVICE Index as: Ambiguous Response Mobile Fingerprint Device Biometric Identification Technology No Hit Response Biometrics Statewide Criminal History Fingerprints State ID Number Hit Response Accreditation Standards: 42.2.2 Cross Reference : Replaces : Chief’s Memo 19 -001. III -33 Mobile Fingerprint Device (January 7, 2019) This Order establishes guidelines and procedures for using biometric identification technology through the use of a Mobile Fingerprint Device . It consists of: I. Purpose II. Definitions III. Procedures I. PURPOSE A. The purpose of this Order is to establish guidelines and procedures of the use and deployment of Mobile Fingerprint Device to identify individuals who are unable or reluctant to properly ide ntify themselves and to assist O fficers with on -scene identification of individuals. B. The use of the Mobile Fingerprint Device is intended to provide authorized personnel with a specialized tool to assist in the positive identification of individuals under the appropriate circumstances. II. DEFINITIONS A. Biom etrics – Distinctive and measurable human characteristics that can be used to identify people apart from demographic data like name and date of birth. Fingerprints and facial features are examples of commonly used biometrics. Since biometrics are unique t o individuals, they are more reliable in verifying identity than knowledge -based methods. B. Hit Response – A “match” was found in the FDLE database of criminal records for the fingerprints submitted and the FDLE number is returned. C. No Hit Response – No match was found in the FDLE database of criminal records. D. Ambiguous Response – There was no definitive match using the submitted search points. More than one possible match was found. E. Mobile Fingerprint Device – A fingerprint identification system that uses two fingers to search state wide criminal history records and return positive identification along with criminal history information on an individual. DATE OF ISSUE EFFECTIVE DATE NUMBER March 2019 Immediately III-33 Distribution: All Employees General Order III -33 2 (03/12 /2019 ) F. State ID Number (also known as FDLE number) – The sequential number assigned to an individual ’s record by the Florida Department of Law Enforcement (FDLE) which allows retrieval of an individual’s complete, statewide criminal record. G. Statewide Criminal History – A listing of an individual’s arrests, prosecutions, demographic data used by that individual in the criminal justice system, and a “flag” when a DNA sample is on file for that individual. III. PROCEDURE A. The Mobile Fingerprint Device will only be used by those authorized personnel that have had the training and demonstrated proficiency in the operation of the unit. 1. Training shall include considerations and requirements for the use of the device under various circumstances. 2. Personnel must hold a current active CJIS certification to participate in the training and deployment of the Mobile Fingerprint Device . 3. Training will include at a minimum: a. Setup and maintenance procedures; b. Proper use guidelines; c. Legal issues involved in the use of the Mobile Fingerprint Device ; and d. Reporting requirements. B. All Mobile Fingerprint Device units and compo nents shall be approved, inspected, and installed as determined by the ITS division. C. Guidelines for the use of the Mobile Fingerprint Device 1. Consent: a. The Mobile Fingerprint Device may be used in situations where the subject to be fingerprinted has given a knowing and willing voluntary con sent or the permission for the O fficer to use the device. b. This may include consent given during lawful encounters (i.e. consensual encounters, traffic stops, and investigative detentions). 1) As with other forms of consent, the consent can be limited or withdrawn at any point by the subject. 2) If consent is withdrawn, use of the Mobile Fingerprint Device is not authorized and its use must stop immediately. 3) Authorized users shall not force or coerce anyone to submit to the scan. 4) If an incident report is taken, the O fficer shall document that the subject provided consent for the use of the Mobile Fingerprint Device . 5) If an incident report is not taken, the Officer shall notate in the call notes that the subject provided consent for the use of the Mobile Fingerprint Device . 2. Reasonable Suspicion a. The Mobile Fingerprint Device may be used in situations where reasonable suspicion can be articulated, to include, but not limited to: 1) The subject to be printed has committed or is about to c ommit a criminal act. 2) When there is a justifiable and reasonable belief that such printing via the Mobile Fingerprint Device will either help establish probable cause or dispel the Officer’s reasonable suspicion. In this instance, the Mobile Fingerprint Device should be used as quickly as possible after the Officer establishes reasonable suspicion that the subject is or was involved in a criminal act. General Order III -33 3 (03/12 /2019 ) 3) The Mobile Fingerprint Device shall not be the first investigative tool used, when a ttempting to identify a subject u nder reasonable suspicion. The O fficer shall utilize other investigative means prior to the use of the Mobile Fingerprint Device These may include, but are not limited to: a) Interviewing the subject, b) Attempting to identify th e subject through authorized databases, c) Identification through photo ID

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