102 COURT POLICY

POLICY 102.0 COURT POLICY REVISED: 11/2011 RELATED POLICIES: REVIEWED BY CHIEF DAVID MAGNUSSON 4/2019 TABLE OF CONTENTS A.POLICY B.GENERAL C.WEAPONS IN THE COURTHOUSE OR SATELLITE COURTHOUSE D.CASE FILING E.PRE-TRIAL CONFERENCE F.TRAFFIC COURT G.DEPOSITIONS H.CIVIL TRIALS I.LAW SUITS AGAINST DEPARTMENT PERSONNEL J.TESTIMONY FOR CRIMINAL DEFENDANT K.TESTIMONY AGAINST THE CITY OF NORTH BAY VILLAGE L.SUBPOENAS A.POLICY It is the policy of the El Portal Police Department to cooperate with all aspects of the judicial process. B.GENERAL The El Portal Police Department recognizes that responsibility for law enforcement does not end with the arrest of a suspect. Total law enforcement responsibility includes full cooperation with all phases and components of the judicial branch of the criminal justice system. C.WEAPONS IN THE COURTHOUSE OR SATELLITE COURTHOUSE Page 1 of 7 1.By Administrative Order of Miami-Dade County's Chief Judge, any officer entering any Miami-Dade County Courthouse including Satellite Courthouses, in other than their official capacity as a certified police officer may not carry or possess any weapon. Non-uniformed officers, appearing in court in their official capacity as a police officer, who are armed must produce their Department identification and sign in with security. Non-uniformed officers must carry their firearms securely encased and concealed from public view. 2.Individual judges may at their discretion prohibit officers from being armed in their respective courtrooms. All officers shall abide by a judge’s decision to prohibit weapons in his or her courtroom. D.CASE FILING After the arrest of a suspect for a felony charge, the arresting officer will immediately schedule an appointment with a Case Filing ASA. Law enforcement officers are authorized to administer oaths to victims, witnesses and other officers for purposes of criminal investigations. 1.Misdemeanor Arrests a.Officers need not appear for case filing in misdemeanor cases unless notified by the State Attorney's Office (SAO) Case Filing Division. The SAO will notify the arresting officer when they require a case filing appearance or additional information. 2.Felony Arrests a.The arresting officer shall sign the arrest form, which will be sworn to and forwarded to the SAO. b.All witnesses and victims should always give written sworn statements. c.Criminal charges may be declined if the officer fails to appear for case filing PFC or produce information requested by the State Attorney Office within 21 days 3.Case Filing Appeals a.In cases in which the Department officer disagrees with the case filing recommendation of the initial SAO, the Member may request a review by a supervisor of the case-filing unit. b.Cases previously declined by the SAO may be re-presented if the necessary additional information is obtained. In these cases, a new Probable Cause Affidavit must be provided. Although no longer bound by the 21-day rule, the case should be re-presented as soon as possible because of speedy trial requirements (180 days from the date of the original felony arrest). The 103 - Page 2 of 7 Revised 3/99 speedy trial rule applies only in cases where an arrest has been made and does not apply to not-in-custody case filings. E.PRE-TRIAL CONFERENCE 1.In all felony cases, the arresting officer shall schedule a PFC with the State Attorney’s office with-in 8 hours of the arrest. It shall be the responsibility of all Department Personnel to respond to any notice of a Pre-trial Conference received via E-Notify of fax. If necessary, the officer should contact the SAO to arrange a mutually convenient meeting WHILE IN AN ‘On Duty’ STATUS if available. F.TRAFFIC COURT 1.It is the responsibility of all Members to appear in traffic court when subpoenaed via E-Notify for trial. 2.Failure to appear for traffic court may constitute contempt of court and may also result in disciplinary action by the Department. G.DEPOSITIONS 1.Criminal Cases a.Depositions may be taken only upon the service of a subpoena via E- Notify, fax or via mail. In addition, officers should be aware that the ability to take depositions in misdemeanor cases is limited and must be approved by Court Order. The Florida Rules of Criminal Procedures specify that depositions are given in the Miami-Dade County Courthouse or immediate surrounding area. (1).Department Members may advise the Assistant State Attorney responsible for the trial of the date and time of the deposition and request their presence in order that a representative of the State Attorney's Office may be present. (2).If during the deposition the defense attorney becomes abusive or asks a pattern of inappropriate questions that are exempt under the Public Records Law or other Statutory Provisions, the Member may refuse to answer the question. They may also request the presence of an Assistant State Attorney. When possible, Members shall state