Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
1 1/24/2011 08/01/20 20
TUSTIN POLICE DEPARTMENT GENERA L ORDERS
__________________________________________
440 - Detentions and Photographing Detainees 1 POLICY 440 DETENTIONS AND PHOTOGRAPHING DETAINEES
440.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for conducting field interviews (FI) and pat -
down searches, and the taking and retention of photographs of persons detained in the field but
not arrested. Due to a variety of situations confronting the officer, the decision to FI or photograph
a field detainee shall be left to the discretion of the involved officer based on the totality of the
circumstances available to them at the time of the detention.
440.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 1.2.3
This section pertains to the following Standard Operating Procedures: N/A
440.2 DEFINITIONS
Detention - Occurs when an officer int entionally, through words, actions or physical force causes
an individual to reasonably believe he/she is being required to restrict his/her movement.
Detentions also occur when an officer actually restrains a person’s freedom of movement.
Consensual Enco unter - Occurs when an 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 br ief detainment of an individual, whether on foot or in a vehicle, based on
reasonable suspicion for the purposes of determining the individual’s identity and resolving the
officer’s suspicions.
Field Photographs - Field photographs are defined as posed ph otographs taken of a person
during a contact, 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 or a Body Worm Camera (BWC) system wh en persons are not posed for the purpose of
photographing are not considered field photographs.
Pat-Down Search – This type of search is used by officers in the field to check an individual for
weapons. It involves a thorough patting down of the outer clothing to locate any weapons or
dangerous items that could pose a danger to the officer, the detainee, or others.
Reasonable Suspicion - Occurs when, under the totality of the circumstances, an officer has
articulable facts that criminal activity may be afo ot and a particular person is connected with that
possible criminal activity.
CATEGORY DATE ADOPTED LAST REVIEW
1 1/24/2011 08/01/20 20
TUSTIN POLICE DEPARTMENT GENERA L ORDERS
__________________________________________
440 - Detentions and Photographing Detainees 2 440.2.1 CONSENSUAL ENCOUNTER / CONTACT
A consensual encounter is a contact between an officer and an individual which is strictly
voluntary , and where the person remains free to leave or not cooperate. If the encounter remains
voluntary, and the officer deems necessary, a Field Interview Card may be completed.
440.3 FIELD INTERVIEWS
Officers may stop individuals for the purpose of conducting an FI where reasonable suspicion i s
present. In justifying the stop, the officer should be able to point to specific facts which, when
taken together with rational inferences, reasonably warrant the stop. Such facts include, but are
not limited to, the following:
a) The appearance or demeano r of an individual suggests that he/she is part of a criminal
enterprise or is engaged in a criminal act ;
b) The actions of the suspect suggest that he/she is engaged in a criminal activity ;
c) The hour of day or night is inappropriate for the suspect’s presence in the area ;
d) The suspect’s presence in the particular area is suspicious ;
e) The suspect is carrying a suspicious object ;
f) The suspect’s clothing bulges in a manner that suggests he/she is carrying a weapon ;
g) The suspect is located in proximate time and place to an alleged crime ;
h) The officer has knowledge of the suspect’s prior criminal record or involvement in criminal
activity .
440.3.1 FIELD INTERVIEW CONTACTS
An officer may initiate the stop of a person when there is articulable, reasonable suspicion to d o
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 a re encouraged by the Tustin Police Department to
strengthen our community involvement, community awareness, and problem identification.
440.4 PAT-DOWN SEARCHES
A pat -down search of a detained subject may be conducted whenever an officer reasonably
belie ves that the person may possess an object that can be utilized as an offensive weapon , or
whenever the officer has a reasonable fear for his/her own safety or the safety of others.
Circumstances that may establish justification for performing a pat -down search include, but are
not limited to , the following:
a) The type of crime suspected, particularly in crimes of violence where the use or threat of
deadly weapons is involved ;
b) Where more than one suspect must be handled by a single officer ;
c) The hour of the d ay and the location or neighborhood where