doc_1835939

WINDERMERE POLICE DEPARTMENT GENERAL ORDER Effective Date: October 3 , 2022  New Policy Amends 6.6 (October 1, 2013) Number: 6.6 SUBJECT: Biased -Based Profiling Print Date: 10/03 /22 Distribution: All Personnel Review Month: October This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to unequivocally state that biased -based profiling is a totally unacceptable practice in any law enforcement activity including, but not limited to, traffic contacts, field contacts; and in asset seizure and forfeiture efforts. It is also the purpose of this policy to provide guidelines for members to pre vent such occurrences, and to protect members when they act within the dictates of the law and policy from unwarranted accusations. [FS 166.0493] 2. Policy It is the policy of the Windermere Police Department to patrol in a proactive manners, to aggres sively investigate suspicious persons and circumstances, and to actively enforce the law, while insisting that citizens will only be stopped or detained when there exists reasonable to suspicion to believe that an infraction of the law has been committed o r is about to be committed. 3. Definitions 6.6, Page 2 A. Biased -Based Profiling – Biased -based profiling is the selection of an individual based solely on a trait common to a group for enforcement action. This includes, but is not limited to race, color, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group or any other identifiable group. [2.06M -(C)] B. Reasonable Suspicion – Knowledge sufficient to induce an ordinarily prudent and cautious officer to believe criminal a ctivity is at hand. It must be based on specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant intrusion. 4. Procedures A. Constitutional Rights A fundamental right guaranteed by the Constitution of the United States, to all who live in this nation, is to have equal protection under the law. B. Equal Protection of Rights The Windermere Police Department is charged with protecting the rights of all citizens, regardless of race, color, ethnicity, gender, sexual orientation, physical handicap, religion, or other belief system. C. Proactive Law Enforcement Because of the nature of law enforcement, members are required to be observant, to identify unusual occurrences and law violations, and to act upon them. It is this proactive enforcement that keeps citizens free from crime, streets and highways safe to drive upon, and that detects and apprehends criminals. D. Departmental Practices 1. Assignment to priority areas 2. Training a. Members will receive initial and ongoing training in accordance with Florida Statutes, in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, the laws governing search and seizure, and interpersonal communications skills. [2.06M -(A)] 6.6, Page 3 b. Training programs will emphasize the need to respect the right of all citizens to be free from unreasonable government intrusion or police action. 3. Management supervision Traffic enforcement will be accompanied by consistent, ongoing supervisory review to ensure that members do not go beyond the parameters of reasonableness in conducting such activities. 4. Criteria for traffic stops a. Reasonable suspicion Motorists and pedestrians shall only be subjected to stops, seizure s, or detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction. b. Notification responsibilities Each time a motorist is stopped, the member shall radio to the dispatcher the location of the sto p, the tag number, description of the vehicle and if possible, a description of the occupants. At the conclusion of the traffic stop, members shall document action taken with either a courtesy notice, a uniform traffic citation, or via the prescribed data terminal section call notes when a verbal warning is given. c. Biased -based profiling prohibited A person’s race, ethnicity, gender, sexual orientation, or any combination of these, shall not be factors in determining probable cause for an arrest or reasonable suspicion for a stop in the absence of a specific, credible report containing a physical description. 5. Appropriate enforcement actions Appropriate enforcement action should always be completed. This is generally in the form of a warning, citation, or arrest. 6.6, Page 4 6. Searches and detainment a. No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity. b. No person or vehicle s hall be searched in the absen ce of a warrant, a legally recognized exception to the warrant requirement, or the person’s voluntary consent. c. In each case where a search is conducted, this information shall be recorded, including the legal basis for the search, and its results. d. It is strongly recommended that consent searches only be conducted with written consent, using the proper department form. e. If the individual indicates that they will consent to a search but refuses to sign the form, the form shall be filled out and noted, “Consented to search but refused to sign.” The member’s initials and the signature of