Professional Documents
Culture Documents
301.1 Purpose
GO 301, Page 1 of 1
GO 302, Notifications of Death, Injury or Iness
302.1 Purpose
It is the purpose of this policy to provide officers with guidelines for notifyin
g next of kin
of deceased, seriously injured, or seriously ill persons.
302.2 Policy
302.3 Definitions
Next of Kin - For purposes of this policy, the closest relative of the deceased « spouse,
parents, brothers or sisters, and children,
"302.4 Procedures
4, Officers shall identify the next of kin of the death, injury or illness for
purposes of notification. Particular effort should be made to locate the
closest relative starting with a spouse and followed by parents, brothers or
sisters, then children.
a. only where substantial delays would be required to make contact
with next of kin should other relatives be contacted, ‘
b, officers should contact a supervisor for guidance when in doubt
concerning next of kin or delays in notification.
GO 302, Page 2 of 6
GO 302, Notifications of Death, Injury or Hlness
5. Where another agency must be contacted to notify the next of kin, officers
should:
a, request that the notification be made in person, and
b. request immediate verification when notification has been
accomplished,
c. send a teletype or fax if so requested by the outside agency,
10. Personal effects of the deceased, injured or ill shall not be delivered to
family members at the time of notification.
C. Making Notification
Officers should remain alert to the possible need for medical assistance,
When officers are aware of serious medical conditions in advance of
notification, they should place a local medical response unit on alert,
GO 302, Page 4 of 6
GO 302, Notifications of Death, Injury or Illness
5, Officers should assess the physical and emotional well-being of the family
member before departing, Officers should be reasonably assured that
family members can take care of themselves and those for whom they may
be responsible. In addition to concerns noted in item C-1 above, officers
should be able to answer “yes” to the following types of questions: -
a Is the family member thinking clearly? That is, does the individual
(1) seem to be aware of your presence?
(2) _ have some grasp of place and time?
(3) demonstrate a progressive ability to express
himself/herself? and/or
(4) _ begin to demonstrate some grasp of the reality of the death,
injury ot illness?
b. Does the family member have reasonable control over his/her
emotions or does the individual display shock (no apparent
_emotion), furious hostility or the desire to commit suicide?
c Can the family member cops physically? For example, has the
family member fainted, displayed debilitating weakness ot
emotional collapse, and does the family member have an adequate
Support system that can be relied upon?
6. Officers should not leave a lone family member unattended until all
reasonable efforts have been made to garner fitst-hand support from the
family, friends, co-workers, neighbors, family clergy, crisis counselors or
other community social service agencies.
GO 302, Page 5 of 6
GO 302, Notifications of Death, Injury or Illness
his/her family. Where feasible, the police chaplain (if available) or other crisis
intervention specialist should be present during the notification.
. The name of the deceased officer should not be released to the media or other
parties before survivors are notified, Ifthe media has already obtained
information related io the death, they should be asked to withhold the
information until after the notifications have been completed.
. When available, unmarked police vehicles should be used for transport to the
location of survivors.
. Gather information conceming the survivors that may aid in the hotification,
This includes, but is not limited to whether survivors are elderly, disabled,
have medical problems or do not speak English, in which case a translator
should be provided. If possible, officers should obtain the names of the
sutvivor’s closest relative, friend, family doctor, and clergyman.
. Before leaving, the notifying officials should provide the family with contact
information for the various Department personnel who will assist them in the
future.
. Ifthe opportunity to get the family to the hospital exists prior to the officer’s
death, notification officers should inform the hospital liaison officer that the
family is en route, In such cases, immediate transportation should be provided
for survivors. During transporiation, all police radios should be turned off.
GO 302, Page 6 of 6
GO 303, Mutual Aid
303.1 Purpose
303.2 Policy
303.3. Procedures
A. General.
1, A request for emergency assistance made to a Rockland police agency by another
police agency is an official and formal process. Failure to follow established
procedures may give rise to a liability for both the employer and/or for employees.
B. Specific Actions.
1, Requesting emergency aid or assistance fiom outside agencies.
t
a. Who is authorized to initiate a request?
(1) Officer Needs Assistance, ‘This becomes a form of mutual aid when
assistance is sought from outside agencies. Any officer in the field, when
in personal danger or when there is danger to others beyond his/her
capacity to control, can initiate a request for assistance through his/her
Emergency Communications Center (ECC). When this type of request is
made to outside agencies, it should be transmitted to the outside agency
via police radio to ensure a voice record is captured. Additionally, ECC
personnel shall make a log entry of the request, :
GO 303, Page 1 of4
GO 303, Mutual Aid
(2) Other requests for mutual aid are to be made only by a police
supervisor,
The request should be transmitted via police radio and log entries
are to be
made.
(4) Staging area for responding officers, (Except for “officer needs
assistance” type responses, the responding officers should be
first “staged”
at a location where they can be briefed, Depending upon certain
citcumstances, responding officers may be asked to respond directl
y to the
incident location without staging.)
GO 303, Page 2 of 4
GO 303, Mutual Aid
(2) Direct a response by specific units, The number of units to be committed
in mutual aid shall be determined following an assessment of the Town’s
police needs first.
(©) Any time officers of this department are dispatched outside the Town of
Ramapo Police service area for mutual aid purposes, whether or notthey
actually arrive on the scene, the Shift Supervisor shall ensure that a copy of
the related report is submitted to the Operations Commander.
(amended 02/14)
(a) —_ Report submission to the Operations Commander shall not apply to
routine situations such as backing up adjoining departments on
vehicle stops or burglar alarms without any other extenuating
circumstances: (amended 02/14)
(1) Review all mutual aid reports teceived under this Order. (amended 02/14)
(2) Notify the Chief of Police of any emergency mutual aid events,
(1) Itis a violation of this Order for any police officer to respond to a request
for aid/assistance made by an agency or other person outside of the Town
of Ramapo Police jurisdiction without specific direction to do so made by
a Ramapo police supervisor,
GO 303, Page 3 of 4
GO 303, Mutual Aid
304.1 Purpose
” Itis the purpose of this policy to establish guidelines for the management and
administration of the Department's adult lockup and holding cell to include the
security,
care and control of prisoners housed therein,
304.2 Policy -
It is the policy of the Town of Ramapo Police Department to provide secure tempora
ry
holding cells for prisoners awaiting interrogation, arrest processing, and transfer
County jail or other administrative procedures aid to maintain these facilitie toa
s in a sanitary
and safe manner, As suck, officers assigned to or using jeil or holding cells
shall
to the following procedures and shall bs alettto any problems or conditions that adhere
may
compromise security, safety or the well-being of detained prisoners.
~ 3043 Definitions
A, Adult Lockup- a temporary holding facility that does nothold persons after they
have
been formally chargedor convicted, except while awaiting remandment to an Adult
Jail. The jail cells and the “holding cell” located at Ramapo Police Ht
dui
“ “Lockups, - ’
304.4 Procedures
GO 304, Page 1 of 10
GO 304, Adutt Lockups and Holdi
Coll
|
cee
' NYS Conrection Law § 7504.4 ©
> NYS Correction La
§ 7504.1
w 5)
GO 304, Pag
2 ofe10
GO 304, Adult Lockups and Holding Cell
8. Provide for medical care or evaluation of a prisoner if such
is necessary or ifthe
pilsoner requests such or complains of ‘pain or injury.
Paramedics may be sumtnoned by the arresting officerto provide care or
evaluation as necessary,
b. IE paramedics respond, the acresting officer shall provide for tho safety of
paramedic personnel and the security of the prisoner during the
evaluation/treatment,
G All such treatment/evaluation shall be recorded in the arresting officer'
s
incident report as well as at entry made in the Deparitnent Jail Log,
10. Provide for the feeding of person in custody. By regulation, a person in custody
must he provided with food and drintc thres times a day (morning, noon and
evening) unless declined by the artesteo,
An entry must be made in the jail log ench time a prisoner is fed or
declines food.
b, Food and beverage shall be offered and provided at no cost to the prisoner,
G Meal are tosbe obtaiat
nedthe or other designated food
establishment,
a. Meal are tosbe kept simp in le
nature
8 Spending limits are set as follows:
(1) breakfast §=—$3.00
Q) — Sunch $5.00
3) dinner $8.00
‘The officer making the pick up shall provide the arrest number tothe
or other location, for the receipt, Do not put the prisoner's
hame on the receipt,
A copyof the receipt is to be forwarded to the Adnuinistrative Lieutenant.
Caution must be taken to ensure prisoners are not provided with food or
beverage containers, which could be used as instruments to self-inflict
injuries or injure other persons,
GO 304, Page3 of 10 ; \
* G0:304, Adult Lookups and Holding Cell
a Inquiring of the arvesting officer and other officers having contact with the
detainee whether the detainee oxhibited any bizare or unusual behavior,
made unusual statements, or in ay other way indloated that the detaines
may bo a suicide risk; and
b. A seatoh of the detainee's porsonal belongings for indications of ‘past or
present mental health problems, suicidal tendencies or other health and
safety related factors. , .
3. Screening follow-up,
a. The supervisor shall assure that appropriate actlon follows the stresning
process, commensurate with the results of that screening. If constant
observation of the detaines is warranted, an officer or matron shall be
assigned, and shall maintain constant observation until the detaines ig
committed to the County Jail or transported to a mental health
care facility,
(1) Where it is determined that the detainee is in need of medial
attention, e physician or other medical personnel shall be called,
(®) —_ Huonois available or if'an emergency exists, the detaines
shall be tran to an emergency medical facility, such
ag with or witthe houdetaines’
ts
consent, Once the detaince is transported to the hospital
and evaluated bya physician, he/she can then refuse
treatment, which shall be so noted on the incident report.
(6) The supervisor shall assure first aid is rendered toprisoners
as nesded,
(2) No medication shall be given to a detainee naless authorized or
prescribed by a physician,
3." “ROUTINE OBSERVATION" shall mean audio and visual moritoring of the
detainee and physical checks at intervals of not more than
GO 304, Page 6 of 10
G0 304, Adult Lockups and Holding
Celt
& Detainees who appear to be sleeping areto be checked to assure
that they
arebreathing and not in need of tnedical assistance,
D. Detention,
Po
GO 304, Page7 of 10
G0 304, Adult Loctu
© — Theuse of chemical agents such as OC or other Depar ps and Holding Cell i
tment authorized
chemicals within adult lock-up areas are limited to
personnel
trained and |
certif
inied
their use and only when other restraint method
or efforsts to
subdus have failed, or jt 1s determined thet other metho i
ds would not he I
successful. The detainee shall be decontaminated and treated a8 soon
possible after control hay heen re-cstablished, Authorit as
yto use chemical
agents should come from a supervisor or command
officer, when possible,
and the following should be considered:
(1) The close quarters where tho chemicals are used:
contamination of other officers present; and
(3) the possibility of rendering the cetls unusable for a period
of time,
a Detainees shall not be handouffed or secured in any
other manner to jail
cell bars,
F. Escapes,
G, Sanitation,
4 Part 7508.12
GO 304, Page
8 of 10
GO 304, Adult Lookups and Holding Cell
3. Reportable incidents shalt be reported by mail to the New York State Commis
sion
of Correction, Department of Coirections, 4 Tower Place, Albany, New
York
12203, using the “Reportable Inoldent” form SCOC-S01,
4, ‘The death ofa prisoner shall be reported to New York State Commission of
Correction within six hours of pronouncement of death in a form and manner
prescribed by the Commission. A contast phone number is
I. Visits,
2, The OIC has sole disoretion to authorize a visit ftom a detainee’s counsel or
SE
4. Visits may only be done in limited situations in which the OIC or Special
Services
Lieutenant believes the visit is necessary at the given time,
a All persons sceking visitation shall be required to show proper
identification and their visit shall be recorded in the jail log.
6. No more than one person may visit at any given time. .
©. All persons seeking visitation ate subjectto search, Absolutely no
containers, briefbases, food, ete, may be carried into the visit,
d. No physical cont is permitte
act d between visitors and detainees,
8 If visitation is permitted, listening privacy may be afforded however the
visitation must be under observation by an officer,
5 Family members are NOT PERMITTED to vistt detainees except for juvenile
delinquents,
J. Prisoner Release,
2. Prisoners shall be requested to sign the tecelpt for their personal property after
items have been compared against tite original inventory and found to be
complete, :
GO 304, Page 9 of 10
GO304, Adult Lockups and Holding Cell
Any disorepanoies shall be reported to asupervisor,
Refusal to sign the receipt shal! be noted by the releasing officer,
G Ttems held as contraband or evidence shall be noted separate on the
inventory report,
GO 304, Page 10 of 10
GO305, Prisoner Transport and Custody
305.1 Purpose.
305.2 Policy.
Itis the policy of the Town of Ramapo Police Department to follow
arrest and
custody procedures which are consistent ‘with law and which provide
for appropriate care,
safety and protection of the rights of citizens who are arrested and held in the
the Town of Ramapo Police Department, custody of
305.3 Frocedures,
a
A, Vehicle Inspection
a ,
GO 305, Page 1 of 9
GO 305, Prisoner Transport and Custody
b. All. windows shail be intact, aud outer door Iatohes in firoper working
order,
GO 305, Page2 of 9
G0305, Prisoner Transport and Custo
D, Transporting Prisoners
1, Prisoners shall be transported in a manner that allows for constant visual
observation, Prisoners shall not be leftunattended during transport,
GO 305, Page3 of 9
GOS, Prisoner Transport and Custody
1 eerreereneeemenee
the transport vehicle as additional safeguards for the transporting unit,
i oe
ii,
iii,
iv,
vw
b. Multiple Prisoners
GO 305, Page4 of 9
GO305, Prisoner Transport and Custody
b. escorting officers shall remain with the patient at all times unless relieved by
other authorized personnel,
:Po
GO 305, Page 5 of 9
GO 305, Prisoner Transport and Custody
B. Transporting
Femule Prisoners.
Li .
a, they are members of the same immediate family and not a threatto exch
other, or;
F. Prisoner Safety
1, Asresting officers are rosponsible for the safety and protection of prisoners
while in their custody. The officers shall, as soon as possible, notlfy thelr
supetior of any injury, apparent illness, o other conditions which indicate that
the prisoner may need emergetiey or special care.
a prisonors shall be kept securely, treated in a humane mariner, and shall not
be subjected to unnecessary restraintor force.
the arresting officer is responsible for the custody of the prisoner until
custody is assuraed by another officer or other competent authotity. This
responsibility includes the prevention of acts by any other member of the
Depattment which violate the law or Department regulations,
GO 305, Page7 of 9
G0 305, Prisoner Transport and Custody
4. Court Hearings/Araiguments
GO 305, Page 8 of 9
0.305, Prisoner Transport and Custody
Hi, Escapes
GO 305, Page 9 of 9
GO 306, Juvenile Detentions
306.1 Purpose
The purpose of this General Order is to provide members of the Town of Ramapo Police
Department with guidance when detaining a juvenile.
306.2 Policy
The United States Congress enacted the JJIDPA- The Juvenile Justice and Delinquency
Prevention Act in 1974. The act outlines various requirements regarding the custody of
juveniles. In addition the New York State Family Court Act as well as the New York State
Penal law contains provisions related to juvenile detention. It is the policy of the
Department to process juveniles in a manner consistent with the core provisions! of
the
JIDPA as well as New York State Law.
306.3 Definitions
B. Adult Lockup- Similar to an adult jail except that it is a municipal police temporary
holding facility that does not hold persons after they have been formally charged or
convicted, except while awaiting remandment to an Adult Jail. The jail cells and the
“holding cell” located at Ramapo Police He O are Adult Lockups,
Deinstitutionalization of Status Offenders, Sight and Sound Separation of Juveniles from Adult Offenders,
Removal of Juveniles from Adult Jails and Lockups.
GO 306, Page 1 of 6
GO 306, Juvenile Detentions
C. Designated Felony Act- As provided in Family Court Act § 301.2(8), certain acts
committed by a juvenile, which if done by an adult, would constitute one of the
Jelonies listed therein.
D. Juvenile Delinquent- A person over 7 years of age and less than 16 years of age who
commits an act that, if committed by an adult, would constitute a crime.
E. Juvenile Offender- As defined in Penal Law § 10.00 (18), a person between the ages of
13 and 15 who is criminally responsible for certain felony acts listed therein.
HL. Office of Children and Family Services (OCFS) - The agency responsible for the
maintenance of state facilities for the detention of juveniles committed to its care.
I Status Offender- a juvenile who is in police custody for conduct that would not be
criminal if committed by an adult. This includes PINS and Runaways.
K. Runaway- a runaway is a person less than 18 years of age who has run away from
home or a legal authority charged with his/her custody, such as an OCFS Detention
Facility.
I. JIDPA- The Juvenile Justice and Delinquency Prevention Act, 42 U.S.C. § 5601,
5633 (11-13)
306.4 General Procedures
L. If there are any questions or concerns as to the name or age of a potential juvenile,
officers should avoid placing him/her in an adult jail or adult lockup until a
correct age is verified. To accomplish such verification, the following should be
done:
Check on previous juvenile records or files in the Juvenile Bureau.
Bases Attempt to call the parents or legal guardians of the juvenile.
Check with school officials for the name and age verification.
Use any other reliable sources in the community to determine name and
age verification.
A. General Procedures
1. Upon taking a juvenile into custody, where said child is involved in or charged
with a delinquent act or a designated felony, the parent(s), legal guardian, or
person legally responsible for the juvenile must be notified immediately that the
juvenile is in custody. In the event such legally responsible person in unavailable,
notice must be given to any person with whom the juvenile resides that the
juvenile has been taken into custody.
In the case of an accused juvenile delinquent, after making every reasonable effort
to give the above notice, officers shall:
a. Take the juvenile to Family Court;
b. Take the juvenile for questioning to an OCA (Office of Chief Administrator of
the Courts)-approved juvenile questioning room or the child’s residence;
c. Release the juvenile to the custody of his/her parents or other person legally
responsible for their care upon the issuance of a Family Court appearance
ticket to the juvenile and to whose person’s custody the juvenile is released; or
d. Take the juvenile to an OCFS certified juvenile detention facility.
3, In any case where the parent(s), legal guardians, person responsible, relatives,
friends, neighbors, etc., are unavailable, the officer should contact the Department
of Social Services or Child Protective Services.
7FCA § 304.1
GO 306, Page 3 of 6
GO 306, Juvenile Detentions
1, The Family Court Act! requires the approval of the OCFS prior to the jailing or
lockup placement of alleged juveniles or adjudicated juvenile delinquents. OCFS
has established regulations that it will apply in determining whether approval for
such jail placement will be granted.
Approval for jail placement may be granted when no bed is available in a Secure
Juvenile Detention Facility, including a 48-hour holdover facility that has a bed
available to provide secure detention care. A bed may also be deemed
unavailable in the following emergency situations’:
a. When road conditions have been defined by the National Weather
Service as hazardous;
b. When the time in transporting to and from that facility would make it
impractical (considering the health and welfare of the youth) to ensure
a timely court appearance; or
c. When a child needs secure care in a hospital and no children’s ward is
available.
A juvenile under 14 years of age, with the exception of a 13 year old alleged or
convicted juvenile offender, may not be placed in jail.
Any detainment of a juvenile deliquent in an adult jail or lockup for more than six
hours, even with OCFS approval may still technically be a violation of the JIDPA
and must be reported to the Commissioner of Correction.
A. General Provisions
1. Upon taking a juvenile offender into custody, where said child is involved in or
charged with a designated felony, the parent(s), legal guardian, or person legally
responsible for the juvenile must be notified immediately that the juvenile is in
custody. In the event such legally responsible person in unavailable, notice must
be given to any person with whom the juvenile resides that the juvenile has been
taken into custody.
2. After making every reasonable effort to give the above notice, officers shall:
a. Take the juvenile to a local criminal court for arraignment;
b. Take the juvenile for questioning to an OCA-approved juvenile
questioning room; or
c. Take the juvenile to an OCFS certified juvenile detention facility.
3. In any case where the parent(s), legal guardians, person responsible, relatives,
friends, neighbors, etc., are unavailable, the officer should contact the Department
of Social Services or Child Protective Services.
A. General Provisions
2. After making every reasonable effort to give such notice (PINS), an officer, in the
absence of special circumstances, may release the juvenile to the custody of a
parent or legal guardian upon the written promise of such parent or guardian that
the juvenile will be produced before the Lead Agency at a specific time and
place®, (amended by legislation 05/05)
5 FCA § 724 - Lead Agency shall be determined by the County Executive and may be either the Probation
Department or the Department of Social Services
GO 306, Page 5 of 6
GO 306, Juvenile Detentions
1. The Family Court Act’ prohibits the detainment of any status offender in an adult
jail or lockup. Unlike the corresponding provisions for juvenile offenders and
delinquents, there is NO authority for OCFS to grant approval for the temporary
detainment of a status offender in an adult jail or lockup.
TECA § 724
® FCA §718-B
9 FCA § 720(1)
GO 306, Page 6 of 6
“GO 307, Strip & Body Cavity Searches
Reevaluation | Amended
307.1 Purpose
Itis the purpose of this policy to provide officers with guidelines for determining if and
under what conditions the use of sirip searches and body cavity searches are legally
permissible and to establish guidelines for the appropriate conduct of such searches,
307.2 Policy
This Department recognizes that the use of strip searches and body cavity searches may,
under certain conditions, be necessary to protect the safety of officers, civilians, other
prisoners, and the arrestee him/herself: to detect and secure evidence of criminal activity
and to safeguard the security, safety, and related interests of this agency’s prisoner
holding and detention facilities. Recognizing the intrusiveness of these searches on
individual privacy, it is the policy of this Depattment that such searches shall be
conducted only with proper authority and justification, with due recognition and deference
for the human dignity of those being searched and in accordance with procedural
guidelines for conducting such searches as set forth in this policy.
307.3 Definitions
B. Body Cavity Search: Search involving the internal physical examination of body
cavities and, in some instances, organs such as stomach cavity.
GO 307, Page 1 of 3
GO 307, Strip & Body Cavity Searches
1, For the purposes of this General Order, the mere visual inspection
of a persons
mouth and tongue area is not considered to be a body cavity search
. Officers are
Permitted to remove contraband and/or weapons located in this manner to
safeguard the secutity, safety, and related interests of this agency’s priso
ner
holding and detention facilities,
307.4 Procedures,
A. Strip Searches.
1, Strip searches may only be conducted where the officer has reasonable
suspicion
that the arrestee is concealing weapons or other contraband, Reasonable
suspicion
must be individualized, and may be based upon, but is not limited to,
one or more
of the following criteria:
B. Body Cavity Searches, Should visual examination of a suspect during a strip search
:
and/or other information lead an officer to believe that the suspect is concealing a
weapon, evidence or contraband within a body cavity, the following procedures shall
hm
be followed:
1, The officer shall consult with his/her immediate supervisor and Assistant District
Attorney to determine whether probable cause exists to seek a search warrant for a
body cavity search. The decision to seek a search warrant shall recognize that a
body cavity search is highly invasive of personal privacy and is reasonable only
where the suspected offense is of a serious nature and/or poses a threat to the
GO 307, Page 2 of 3
GO 307, Strip & Body Cavity Searches
safety of officers or others, and/or the security of the Department’s detention
operations,
. Ifprobable cause exists for a body cavity search, an affidavit for search warrant
shail be prepared that clearly defines the nature of the alleged offense and the basis
for the officer’s probable cause.
» On the basis ofa search warrant, a body cavity search shall be performed only by a
physician or by other medically teained personnel at the physician’s direction,
. For safety and security reasons, the search should be conducted at the
Department's detention facility however, if it is necessary to telocate to a medical
or other facility, all necessary security measures shall be taken,
» Body cavity searches shall be performed with due recognition of privacy and
hygienic concerns previously addressed in this policy.
. Whenever possible, the body cavity search shall be performed in the presence ofa
police officer or matron. : .
a, The police officer or matron shall be of the same sex as the suspect,
GO 307, Page 3 of 3
nig XE GO 308, Medical Facilities for Prisoners
308.1 Purpose
The choice of a medical facility for prisoners in the custody of the Department must be
established prior to the need for medical care. Securing prisoners in medical facilities is
one of the weakest links in the process of providing security for the detention of persons
in custody. The purpose of this regulation is to establish policy and provide guidelines
for members of the Town of Ramapo Police Department for selecting medical facilities
incidental to arrest,
308.2 Policy
It is the policy of the Town of Ramapo Police Department to provide appropriate medical
cate to those who are arrested and held in the custody of the Town of Ramapo Police
Department, It is the policy of the Department to follow the following procedure.
308.3 Procedures
GO 308, Page 1 of 2
GO 308, Medical Facilities for Prisoners
Re
1. Tn the event a prisoner must be transported outside of Rockland County,
they shall be transported to
whenever possible.
Extraordinary Circumstances
1, Once a prisoner has been transported to a local medical facility and the
need for a transfer occurs for medical reasons, they shall be transferred to
Arraignments
1 Ifa prisoner is going to be admitted to a medical facility they shall be
artaigned at the facility ASAP.
6. The officer shall accompany the prisoner for any medical exams and or
testing. Officers may use their discretion in staying directly outside the
door of X-rays or intrusive personal medical exams
1 Related prisoner custody procedures can be found in [GO 305].
GO 308, Page 2 of2
GO 309, Bomb Threats
309.1 Purpese
To provide members of the Department with a protocol for dealing with bomb threats,
including response, deployment, search and evacuation.
309.2 Policy
While many bomb threats are later determined to be hoaxes, they all present particularly
serious response requirements for law enforcement agencies. It is the policy of this
Department that ali responses to bomb threats be conducted systematically, efficiently and
in a manner that gives primary consideration to the protection of human life.
309.3 Definition
Bomb Threat — A bomb threat condition exists when an explosive device has been
reported or is suspected to be at a given location.
309.4 Procedures
A. Communications Responsibilities.
2. Identify the location of the device with as much precision as possible and attempt
to determine when it will be detonated.
GO 309, Page 1 of 4
GO 309, Bomb Threats
3. Attempt to determine:
c. what will make it detonate, (e.g., radio, signal, fuse, etc.); and
4. Be alert to the:
Note: In the event the threat is directed against a location not covered by this
Department in a primary response capacity
communications personnel shall immediately notify that agency and then advise the
patrol supervisor.
1. Advise the responding patrol units of the nature of the call, preferably via
telephone. REMIND RESPONDING
Pe UNITS:
3. Prepare a bomb threat checklist and forward to the investigating officer as soon as
possible. (See appendix A, “Telephone Bomb Threat Report Form” )
a
1. Respond to the reported location in quiet but expeditious mode.
3. Attempt to interview anyone who may have received the threat at the reported
location, (Schools and some businesses have bomb threat checklist forms).
GO 309, Page 2 of 4
GO 309, Bomb Threats
a
. Patrol Supervisor’s Responsibilities.
2, ee
3. The responsibility to search, evacuate and re-enter a building is solely that of the
person in charge of the location however, should a suspicious device be
discovered,
6. The fire departments do not, as a matter of course, respond to bomb “threat” calls
and will not assist in a search of a location. In the event a device is found or
strongly suspected, the fire department should be dispatched to a staging area and
should not use radios or cell communications while responding.
7. Ifmembers of the Police Department conduct a search of the location, consider the
following:
a,
b.
GO 309, Page 3 of 4
GO 309, Bomb Threats
GO 309, Page 4 of 4
GO 310, Bomb/Suspicious Packages
310.1 Purpose
To provide members of the Department with a protocol for dealing with potential bombs
and/or suspicious packages, including response, deployment, assistance of specialized
units and the protection of a crime scene.
310.2 Policy
It is the policy of this Department that all responses to a suspected explosive device or a
suspicious package are considered police emergencies requiring a serious and disciplined
response. This Department will respond in a systematic, safe and efficient manner that
gives primary consideration to the protection of human life.
310.3 Definition
310.4 Procedures
A. Communications Responsibilities.
(Most actual detonations occur outside buildings and many times secondary
devices may be placed outside to kill/injure emergency responders).
e. Contact patrol units and advise them of the nature and location of the call
using the proper radio codes and encryption transmission mode when
2. Upon arrival at location, patrol officers are cautioned that the [ should be
considered unsafe for evacuation or for the officer and other responding units.
Upon arrival, announce to the ECC, “401, THIS IS (Car No.), [HAVE
COMMAND.” (Command may be transferred to another at the direction of a
higher ranking officer).
If the presence of an actual device or suspected device has been confirmed, direct
the notification of a bomb investigations unit by referencing the Department
Incident Command System Field Manual.
Alert all personnel to be cautious regarding the possibility that a secondary device
may be present.
Contact the Staff Duty Officer and advise them of the status of the incident.
10. Upon arrival of the Bomb Squad, brief the unit supervisor and allow him/her
functional authority to direct department personnel in any manner necessary to
accomplish the mission.
11. Once a device has been rendered safe or has been removed for disposal, keep the
area secured for crime scene investigation.
12. Confer with the owner/operator of the location and the emergency response units
regarding a joint statement to be made to the media.
1, Treat and protect the area involved as an expanded Haz/Mat crime scene.
2. Recognize that critical bits of evidence can be scattered within several thousand
feet of the scene.
Pee rr
311.1 Purpose
3113 Procedures
A. Goneral
1, ‘The basis for a traffic stop is generally the personal observations by the officer of
violation(s), suspicious or unsafo activity by a motorist. In addition probable
cause to believe the motorist or occupants of the vehicle have committed or are
aboutto commita crime is a basts for e vehicle stop.
a, Officers must he guided by the totality of the circumstatices, experience, and -
ourrent awa, ‘
B. Vehiole
and traffic violations
1, Enforce vehicle and traffic laws in a fair and unifonn manner.
2. Take proper and appropriate action, This action should favorably alter the violatat’s
future driving behavior,
2, Violatar/Officer Relations ,
a Be alert at all times forthe unexpected. Look for evidence ofa more serious
crime, :
b, Present a professional image in dress, grooming, language, and bearing,
©, Be prepared for the contact. st .
GO 311,
Page 2 of 6 -
GO 311, Traffic Stops
¢, Activate the patrol car’s emergency lights and, when necessary, siren to signal
the vehtole to stop.
i, ifthe stop is during non-daylighthours, the violator’s
interior of the vehicle should be illuminated, after it is stopped,
ii, Utilize the spodlight and take down lights for this purpose.
iil, Officers may use their disoretion whento extinguish the lights.
d, Advise the dispatcher of the intentionto stopthe partloular vehicle, giving .
i Location and purpose of the stop (Vé&T, suspicious, etc.)
ii. —_ Vehiole’s license tag number and/or other dasoription when necessary.
Officers should position theit police vehicle approximately one carlength
2
. Case law pertiits officers to order the driver (Pennsylvania v, Mimms, 434 U.S, 106
(1977) aud the passengers (Maryland v, Jerry Lee Wilson (No.95-1268, declded
February 19,1997) of vehicles ontatictops cutof the vehi,
6. Communicating with the Violator
In transacting business with the violator, the officer should:
a Greet the violator courteously with an appropriate title,
6, Inform tho violator of the purpose of the stop,
% Ask the violator for his/her driver's license first, Then obtain the
vehiclo’s registration and proof of insurance,
d, If the driver has no driver's license, obtain another document of
identification if possible,
Retum to the police vehicle and take action as wartanted such ay a DMV
' document check, wanted person check, eto.
7, Conducting the Transaction
a Tesuo and explain U.T.TV/A.T. (Appearanos ticket), if applicable. Explain to
the violator what they are supposed to do in response to the action taken. If
the enforcement action requites a court appearance, meke sure the violator
knows whore and when to appear, Explain any alternatives to the violator,
hut do not predict the actions of the court, Lastly, return the violator’s
documentation,
b Release the defendant, ifapplicable. Ifthe violator is not to be released, be
guided
by Department arrest procedures. ‘
©. Assist
the violator with safely re-entering
the traffic flow. ‘The motorist
should leave bafore the officer. Do not follow the violator.
GO 311, Page 4 of 6
GO 311, Traffic Stops
High Risk Motor Vehicle Stops
Special procedures shall be used in vehicle stops when the ccoupants are known to
be armed or/and dangerous. In addition to the aforementioned directives the officer
should:
1, Keep the suspect vehicle in view and request auffictent assistance in making the
stop. Ifnecessary and appropriate request a signal 100,
2, The officer will keep support units and ECC: informed of the location and
direction of travel to ald their approach arrangements with minimal use of
emergency equipment, The suspect vehlole should not be stopped unless
absolutely necessary until adequate support is available and in position,
a. ° Clroumstanoes may, however, dictate a one-officer felony vehicle stop.
3, The officer should plan to stop the suspect vehicle in a'location, which presents
minimal danger to other citizens, .
8, When condition ate approptiate
s and support units available, the officer.
move into position|
shoul d
GO 311, Page 5 of 6
GO311, Traffle Stops
©, The occupants will then be diteotetod They
. will then be ordered to]
13, Officers ate reminded to oxerolse extreme caution not to get within each other's.
crossfire,
14. When all oconpants have been removed fiom the vehicle, the support officers
shall move toward the vehicle. NEVER assume that it is empty,
. GO 311, Page 6 of 6
GO 312, Investigatory Stops
Reevaluation Amenied
The purpose of this General Order is to establish guidelines regarding voluntary fieid
contacts, investigative stops, frisks and protective searches that extend beyond the person
during a lawful stop.
312.2 Policy
It is the policy of the Town of Ramapo Police Department to conduct voluntary field
contacts, investigative stops, frisks and searches necessary to accomplish lawful
objectives to the extent reasonably necessary. Documeniation of these contacts
shall be initiated and maintained,
312.3 Definitions
A. “Voluntary Field Contact”: When officers approach a person to talk and ask questions
or ask a person for identification.
C. “Reasonable Suspicion”: Facts and circumstances which, taken together with rational
inferences there from, would cause an officer to reasonably suspect that a person:
GO 312, Page 1 of 6
GO 312, Investigatory Stops
D. “Probable Cause”: Facts and circumstances which, taken together with rational
inferences there from would lead a prudent person to believe:
1, (To arrest)....that a crime is being or has been committed and that a particular
person committed it; or
2. (To search)....that evidence of a crime or contraband is in the place to be
searched.
1, An officer may initiate citizen contacts when the officer believes that it may serve
the interest of a police investigation, inquiry or other bona fide police business.
1. Officers may initiate a citizen contact in any place that the officer has a legal right
to be. Examples of such places vary widely but include for example:
Officers conducting voluntary field contacts should consider the following factors that
ate relevant in determining whether a particular encounter between police and citizens
is consensual or a Fourth Amendment seizure:
1, Physical Contact — The slightest application of physical force for the purpose of
stopping or holding a person may constitute a seizure,
GO 312, Page 2 of 6
GO 312, Investigatory Stops
3. Advising Citizens They Have The Right To Refuse — Officers should advise
citizens they have a right to refuse to consent to a search or frisk, or to answer
questions, or accompany officers to a different location. This helps keep the
contact voluntary. When appropriate, officers should advise citizens why they
have been stopped.
4, Movement From The Initial Site of the Contact — Officers should avoid moving
from the initial site of the contact to another location unless there are articulable
safety or security reasons. If the officer moves from the initial contact location,
officers should document that the citizen had a choice to leave and voluntarily
agreed to the movement.
1. Persons “contacted” may not be detained against their will or frisked unless
reasonable suspicion is established during the course of the contact to believe they
present a danger to the officer or that they have committed, ate committing or are
about to commit a crime.
2. Officers should ensure that their actions and requests could not be reasonably
perceived by the cifizen as a restraint on his or her freedom to leave the officer’s
presence. As such, officers should do the following.
Introduce themselves and explain the reason for making the contact.
gS
Not create a physical or other barrier to the citizen’s ability to leave, such as
keeping a driver’s license or by creating a physically imposing and
intimidating presence.
Refusal of the citizen to cooperate with the officer, for example, through silence
(¢.g., not answering questions), by a refusal to provide personal identification, or
by a refusal to account for his or her presence ina public place, generally cannot
be used as the basis for turning the “contact” into a “stop.”
A law enforcement officer may temporarily detain a person ina public place if reasonable
suspicion exists that a crime has been committed, is being committed, or is about to be
committed; or the officer reasonably suspects that a person is illegally cartying a
concealed weapon in violation of the NYS Penal Law. Temporary detention is a seizure
under the Fourth Amendment!, The court recognized that police officers must be able to
take action when probable cause to arrest does not exist.
A. Investigative Stop ~The temporary detention of a subject when the officer has
reasonable suspicion that criminal activity has occurred, is occurring, or is about to
occur,
1. The courts have ruled that the following factors may be considered in building a
foundation for an Investigate Stop: ,
a, The officer has valid knowledge that a person has a prior felony record,
b, A person fits the description of a wanted notice.
G A person has exhibited furtive conduct such as attempting to conceal an
object from the officer’s view or, reaching under the seat of a car.
d. Clothing worn by a person is similar to a description given in a lookout for
a known offender,
e. A person exhibits unusual behavior such as staggering or appearing to be
in need of medical attention,
f. The area and time of day, such as a person observed in a public area which
has a history of recurring crime during the same time period as the time of
the stop.
g Hearsay information is acceptable.
(1) The use of hearsay information is dependent upon both the content
of information possessed by officers and its degree of reliability.
C. Search Beyond the Person — The courts recognized that protection of police and
others can justify protective search when there exists reasonable suspicion that the
suspect poses a danger”, Thus, an officer can search an area within the petson’s reach
where a weapon may be found. A lawful protective search for weapons, which
extends to an area beyond the person in the absence of probable cause to attest, must
have ALL of the following elements present:
“.. Specific and articulable facts, which taken together with the rational inferences
fom those facts, reasonably warranted the officer to believe that the suspect is
dangerous and the suspect may gain immediate control of weapons.”
3, The search must be limited to those areas in which a weapon may be placed or
hidden.
4. The search must be limited to an area which would ensure that there are no
weapons within the subject’s immediate grasp.
D. Period of Detention, Courts have held that the period of detention is a brief intrusion
upon a person’s movement, Once the detaining officer determines that the basis for
reasonable suspicion no longer exists, the person detained shall be released.
Use of Force in Investigative Stops — Generally, officers may use the force reasonably
necessary, such as moderate pressure to stop, tun or guide a subject during an
investigative stop. Officers using force in an investigative stop for officer safety
reasons must be prepared to articulate why their actions were reasonable under the
circumstances,
1. Courts have permitted the following types of force in stopping a person, when the
force was reasonable on the basis of the circumstances in each case:
312.6 Recording the Voluntary Field Contact, Investigative Stops and Frisks
The Town of Ramapo Police Department Daily Activity Report shall be the primary
document for recording voluntary field contacis investigative stops and frisks
incidents that do not result in police report of another format.
313.1 Purpose
To establish procedures for the handling of juveniles and out of state residents encountered
as a result of a traffic stop by a member of this department.
313.2 Poliey
General Order 311 Traffic Stops outlines policy and procedures for conducting traffic
stops. It shall be the policy of the Department that in addition to the procedures set forth in
[GO 311] the following additional procedures be followed when. stopping juveniles and or
out of state operators.
313.3 Procedures
1. Bail Procedures
1. In most cases of juveniles driving vehicles on public roads, the youth will be taken
to police HQ and his parents will be advised to respond to HQ.
2. Asatule, violations of the V&T law are not sufficient to petition a youth to Family
Court. Repeated conduct, however, may be grounds for a PINS action.
4, Officers are reminded that parents or guardians are chargeable under the Traffic
Laws if they knowingly permit unlicensed youngsters to drive on the road.
(VTL 509-4)
6. If the incident is not referred to the Family Court then the incident shall be
documented in the Department’s Records Management System as a “Juvenile
Activity.” (new 06/16)
7. Ifthe incident is referred to the Family Court, then the incident shall be documented
in the Department’s Record Management System as a “Juvenile Arrest.” (ew 06/16)
c, The appropriate phone numbers for both local criminal courts regarding out of state
violators, and the Family Court regarding juveniles are maintained at the Emergency
Communications Center. (new 06/16)
314.1 Purpose
To establish criteria for the use of high visibility clothing by officers of the Town of
Ramapo Police Department.
314.2 Policy
It is the policy of the Department to provide high visibility clothing to officers assigned
to patrol, The use of high visibility clothing enhances the safety of officers and provides
motorists with better visibility of officers on traffic posts, Officers are required to
utilized high visibility clothing in accordance with the procedures set forth,
314.3 Definition
314.3 Procedure
GO 314, Page 1 of 2
GO 314, High Visibility Clothing
During other times of traffic control, which are short in duration, high
visibility clothing is not required to be wom.
” "Pown of Rama
po Police Depart
GENERAL ORDER ment
General Order No, 315
Issuance
Date: July 24, 2003
Subject: Speed Measuring Device
s - Guidelines and Maintenance
Crass Refere nce: Effective Date: July 24, 2003
Accreditation Ref: 47.4
Distribution: All Members
Reseinded Date:
Issuing Authority: Chief Peter Bro
wer
[eet [B08 [oa |
|_ Arena [05 ola
315.1
Lo]
Purpose
315.3 Procedure
D. Upon completion of the tour of duty, the officer will ensure that the unit is turned
——==—-—~aff placed into ‘the proper case, arid returned to the design location
ated withitt the
stationhouse,
Po
B. Only officers currently csttified by DCJS/BMP or the New York State Police may
utilize Radar Speed Measuring devices.
Ona semi-annual basis, all Radar equipment shall be independently calibrated by
the Now York State Division of Criminal Justice Services. Other speed
measuring devices shall be maintained in accordance with manufacturer’s
recommendations.
1, Tae SMT displays a digital read out of the speed ofa vehicle approaching
it, It is large enough to be observed by the driver of an approaching
vehicle, Tho SMT also displays a speed limit sign showing the speed linit
for the road it is set up on, ,
2 ‘The SMT is not used as an enforcement tool, The displayed speed is not
calibrated, nor certified for court puposes,
4, Deployment:
a ‘The SMT should be placed in locations where there is a low
probabliity of damage from vehicles and/or mischief,
b. Deployment location shall vary, and will be designated by the
Traffic Safety Unit Supervisor. .
(1) The SMT may be left in locations overnight,
GO 315, Page2 of 3
GO 315, Speed Measuring Devices
GO 315, Page
3 of 3
GO 316, Mobile Video/Audio Recording Equipment
‘Town-of-Ramapo-Police Department
GENERAL ORDER
General Order No. 316 Issuance Date: July 30, 2005
Subject: Mobile Video/Audio Recording Equipment
Cross Reference: Effective Date: August 6, 2005
Accreditation Ref:
Distribution: All Members Rescinded Date:
Issuing Authority: Chief Brad Weidel
Reevaluation Amended
316.1 Purpose
It is the purpose of this order to provide guidelines for the use, management, storage, and
retrieval of video/audio media recorded by the Mobile Video and Audio Recording
(MYR) Equipment.
316.2 Policy
316.3 Procedures
A. — Program Objectives.
The Town of Ramapo Police Department has adopted the use of in-car
video/audio recording systems in order to accomplish the following:
GO 316, Page 1 of 5
« oY
GO 316, Mobile Video/Audio Recording Equipment
B. Operating Procedures.
GO 316, Page 2 of 5
GO 316, Mobile Video/Audio Recording Equipment
Mandatory Mobile Video and Audio Recording shall apply to the
following situations:
b. Emergency responses;
d. Prisoner Transports.
Officers shall not tamper with the programming functions of the MVR,
including but not limited to attempts to erase, alter, or modify recorded
media, or the functionality of the MVR equipment.
Officers are encouraged to use the audio portion of the recording to narrate
events as they occur to provide the best evidence for courtroom
presentation.
12. Media recorded during the officet’s tour of duty is to be uploaded to the
Depariment’s designated computer while that vehicle is parked in the rear
parking lot of the stationhouse. Officers should not power down the MVR
until after the “File Upload” screen appears. At this point, the MVR can
be tumed off, but the equipment will remain on until the upload is
complete, at which time the system will power down automatically,
a Ifno media was captured since the last upload, the “File Upload”
screen will not appear. Therefore, the system may be powered
down,
GO 316, Page 3 of §
GO 316, Mobile Video/Audio Recording Equipment
Cc, Media Contro! and Management,
6. Officers may request media be retained for more than 90 days for the
purposes of official police business by submitting the appropriate
Department form indicating the reason for such request.
D. Supervisory Responsibilities,
a This form may be used to request 2 media hold for more than 90
days, request to view specific media, request media betransferred
to a DVD or CD for playback, report a MVR Equipment
po malfunction, or any other requests pertaining to recorded MVR
media, -
3. For cases being prosecuted by the officer, the appropriate justice court /
should be contacted, as some courts may possess the equipment necessary
to playback the media recordings, In these situations, officers are
encouraged to secure their media copies prior to trial to test the court
equipment and assure successful playback,
316.4 Training
A. The MVR Manager shall coordinate formal training for all officers who operate
vehicles containing the Mobile Video/Audio Recording Equipment,
317.1 Purpose.
The purpose of this policy is to establish guidelines and procedures regarding police
operation of motor vehicles by members of this Department and to provide tactics and
considerations when members are involved in a pursuit, emergency or non-emergency
driving situation.
317.2 Policy.
Vehicular pursuit of fleeing suspects presents danger to the lives of the public, officers
and suspects involved in the pursuit. It is the policy of this Department to protect all
persons’ lives to the extent possible when enforcing the law. In addition, it is the
responsibility of the Department to assist officers in the safe performance of their duties.
To effect these obligations, it shall be the policy of the Department to narrowly regulate
the manner in which vehicular pursuit is undertaken and performed.
317.3 Definitions.
A. “Pacing” means the positioning of a police vehicle at a stable, fixed distance behind a
speeding vehicle, in order to determine the speed of the operator/violator.
B. “Closing” means an attempt to catch up to a violator who may or may not be aware
of the officer’s presence, but who is not making an obvious attempt to flee or escape.
I. “Police Vehicle: means a vehicle used for police operations. Sometimes referred to as
a ‘patrol vehicle” or “patrol unit”, there are two types:
J. “Last Resort” situations are those wherein certain immediate and drastic measures
must be undertaken by an officer in order to protect human life. Force used in these
situations may involve the use of techniques or weapons not covered by policy,
however, they remain to be tested by “reasonable” and “necessary” use of force
standards.
GO 317, Page
2 of 8
GO 317, Vehicle Pursuit Management
317.4 Procedures.
1, The decision to initiate pursuit must be based on the pursuing officer’s conclusion
that the immediate danger to the public created by the pursuit is less than the
immediate or potential danger to the public should the suspect remain at large.
3. The pursuing officer shall consider the following factors in determining whether
to initiate pursuit:
The performance capabilities of the pursuit vehicle;
The condition of the road surface upon which the pursuit is being conducted:
moeasgp
1. The number of police units involved in the actual “tailing” pursuit should generally
be limited to
2. The back-up unit will assume radio communications responsibility, allowing the
primary pursuing unit to devote full attention to driving. The back-up unit will
maintain a safe distance behind the primary pursuing’unit that is reasonable and
_— under the =— conditions.
;, vicinity
EN 0c: unis in te
and available to assist shall do so only after requesting authority from
communications or a Supervisor.
a. Unless instructed otherwise by a supervisor, additional units authorized to
assist shall remain in the area of ihe pursuit,
4, The field supervisor may approve and assign additional backup units to assist the
primary and backup pursuit vehicles based on an analysis of:
The nature of the offense for which pursuit was initiated;
The number of suspects and any known propensity for violence;
fase
1, Pursuing vehicle(s) shall activate emergency lights and siren in a continuous mode.
a. Officers engaged in pursuit shall at all times drive in a manner exercising
reasonable care for the safety of themselves and all other persons and property
within the pursuit area. Right of way is not to be assumed or anticipated.
2. N.Y.S. Vehicle and Traffic Law exempts authorized emergency vehicles involved
in emergency operations from certain restrictions of the Vehicle and Traffic Law.
a, This exemption does not relieve the driver of an authorized emergency vehicle
from the duty to drive with due regard for the safety of all persons, nor does it
protect the driver from the consequences of his/her reckless disregard for the
safety of others.
Pursuing vehicles are exempted from certain traffic regulations only when
necessary and justified and only when safe to do so.
G. Termination of Pursuit.
1, A decision to terminate pursuit may be the most rational means of preserving the
lives and property of both the public, and the officers and suspects engaged in
pursuit. Pursuit may be terminated by the pursuing officer, the field supervisor or
a primary staff officer of the Department.
1. Ifa pursuit is initiated by the Town of Ramapo Police and extends beyond the
4, Pursuit into another State shall be strictly governed by the rules of close pursuit as
defined in the Criminal Procedural Law of the State of New York.
a
1.
C. Reporting Requirements.
D. Staff Requirements.
1, The Chief of Staff shall review all vehicular pursuit incidents to determine
compliance with policy, training needs or the need for policy amendment.
2. The Chief of Staff shall maintain records of all vehicular pursuit incidents
involving a member of the Department.
318.2 Policy .
The Town of Ramapo Police Department shall provide accident investigation
services within the Town of Ramapo as outlined in this General Order,
1, Required Response
3, Fire Hazards
a If the animal is still on scene and alive, the officer will use their
discretion with regards to destruction of the animal.
i, If firearm is discharged a supervisor will be notified in
accordance with [GO 211],
GO 318,
Page 3 of 6
GO318, Traffic Accident Investigations
b, Officers will complete a (MV 104A) if required in accordance with
this general order.
c, The responding officer shall remove the carcass to the side of
SSS padway-forremoval:— rs
i. Dispatch shall be advised and the respective highway
department shall be notified by dispatch of the need for
removal,
7. Collecting Information
1. Department Vehicles
a. In addition to the requirements in this General Order, the
investigation shall be guided by [GO 209],
319.1 Purpose
319.2 Policy
It is the policy of the Town of Ramapo Police Department to respond to every report
of a
domestic incident and to aggressively investigate domestic incidents as criminal conduct.
Further, it is the policy of this Department to exercise a “pro-arrest” policy with respect
to
domestic incidents in the belief that arrest is an effective deterrent to future incidents
of such
violence. (amended 07/16)
B, Members of the Same Family or Household: For the purposes of this policy,
shall include
persons who are defined as such by article 812 of the Family Court Act and Section
530.11
of the Criminal Procedural Law who (amended 02/14)
1, Are legally married to one another;
2. Were formally married to one another regardless whether they reside in the same
household; ,
3. Are related by blood;
4, Are related by marriage;
5. Have a child in common regardless of whether they were married or lived together
at any time;
GO 319, Page 1 of 12
GO 319, Domestic Incidents
6. Are or have been in an intimate relationship regardless of whether such persons have
lived together at any time,
sae a) Factors to-consider-in-determining if, relationship is-an-“intimate—. --- -
relationship include but are not limited to:
(1) The nature of the relationship regardless of whether it is sexual in
nature;
(2) The frequency of interaction between the persons;
(3) The duration of the relationship;
(4) Neither a casual acquaintance nor ordinary fraternization between
two parties in business or social context shall be deemed.
an “intimate relationship.”
Sexual Misconduct
Forcible Touching
Sexual Abuse 3“ degree
Sexual Abuse 24 degree Penal Law 130.60 sub 1)
Stalking in the 1", 2", 3" and 4" degrees
Criminal Mischief
10. Menacing 2" and 3" degrees
11. Reckless Endangerment
12. Criminal Obstruction of Breathing or Blood Circulation
13, Strangulation in the 1° and 2™ degrees
14. Assault in the 2" and 3" degrees
15. Attempted Assault
16, Identity Theft 1°, 2™ and 3" degrees
17, Grand Larceny 3" and 4" degrees
18. Coercion 2™ (PL 135.60 sub 1, 2, 3)
B. The Criminal Court has exclusive jurisdiction over offenses such as Attempted Murder,
Kidnapping, Rape, Unlawful Imprisonment, Coercion, Arson or Criminal Mischief against
an intimate partner in a domestic relationship.
C. Acts which violate the terms of an Order of Protection issued by the Family, Criminal or
Supreme Courts may be considered domestic incidents.
D. Concurrent Jurisdiction exists when different courts have jurisdiction over the same
incident. A victim of a Family Offense may elect to proceed in either a Civil or Criminal
GO 319, Page 2 of 12
GO 319, Domestic Incidents
Courtor both. Criminal Court and Family Court have concurrent jurisdiction when:
(a) A designated Family Offense (listed above is alleged to have been committed).
=~ --(b)-Arfamily/householdrelationship-exists-as defthe ine Family-
d-i
Court-Act-——--
n —-
(c) The offender is 16 years of age or older.
,
If the first two elements are met, but the alleged offender is less than 16 years
of age, the
case must be heard in the Family Court.
NOTE: In cases where either of the first two elements isnot met, the victim does
not have ! |
the option of going to Family Court but must £0 to Criminal Court for relief,
319.5 Procedures
5. Upon receipt of a domestic incident call, the officer/communicator receiving the call
‘will, along with information normally gathered, make every attempt to determine
and
- relay the following information to the responding officers:
(a) Whether the suspect is present, the suspect's description and possible location
and/or description of vehicles used;
(b) Whether medical assistance is ‘needed at the scene;
(c) Whether the offender is under the influence of drugs, alcohol or other substanc
es;
(d) Whether there are children present;
(e) Whether weapons or dangerous instruments are involved or known to be on the
premises, or, if any other threats exists, i.e., dogs on the premise;
(f) Whether the victim has a current Order of Protection against the suspect. NOTE:
The CAD system and eJusticeNY “Order of Protection File” shall be checked to
determine if there is an Order of Protection on Jile which is currently in effect
or
has expired; (amended 02/14)
(g) Check the complaint history at the location;
(h) Identity of caller, i.e., victim, neighbor, child,
(i) Check the DIR Repository. fuew 07/16)
GO 319, Page 3 of 12 |
GO 319, Domestic Incidents
oof ;-an
shall-be
=—Aedontentionetdent-vall:signifies people-inneed- of help d to
resportded-
es
as quickly and safely as circumstanc permit.
2. Upon arrival at the scene, officers should survey the scene, with special attention to
be given to sounds coming from the location to get an idea of what is transpiring, and
wait for back-up officers when appropriate.
3. The location of a domestic incident should be treated as a “crime scene.” The actions of
officers investigating a domestic incident must be guided by the rules of evidence taking
(This may include overturned furniture, damaged walls, pots or pans thrown about,
any instrument or weapon reported to have been used or its use threatened, broken
windows, and so forth).
(a) Restore order by gaining control of the situation and separating the parties;
(b) Take control of all weapons used or threatened in the incident;
(c) Inquire if there are any firearms on the premises or if any person involved has a
pistol permit, or is legally in possession of a handgun as a result of his/her
employment, i.e., "law enforcement officer";
(d) Locate and visually check all occupants of the residence to verify their safetyand
well being;
(e) Assess the need for medical attention and administer first aid or request such
assistance be dispatched, when appropriate;
(® Interview peisons relevant to the investigation. (Le., neighbors, children,
persons at the scene);
(g) After such person have been interviewed, determine if an arrest should be made
or whether other action should be taken. If an arrest is made, advise the victim that
release of the suspect can occur at any time so the victim can take nevess safe
recautions.
(h) Advise the victim of the availability of shelter and other victim services in the
cotamunity and provide the victim with a copy of the Victim Rights Notice (“Victim
Rights Notice" is printed on the last sheet of page two/DCJS form 3221 which is
required to be given to the victim prior to leaving the scene whenever possible, If
necessary, read the "Victim Notice" to the victim. (812, subdivision 5, Family Court
i Act; 530.11, subdivision 6 of the Criminal Procedure Law), and; (amended 02/14)
i
1 @ Collect and record evidence (including sworn affidavits whenever possible)
i and, where appropriate, take photographs of injuries and/or property damage.
1
| GO 319, Page 4 of 12
GO 319, Domestic Incidents
C. Complete the New York State Standard Domestic Incident Report Form (DCIS 3221)
and any other reports necessary to fully document the officer's response, whether or not
an
ES offense-was-committed-or-an-arrest-is-made.—This-form-will-be-used in-place-of the New—-
.
York State Incident Report Form for reporting Domestic Incidents. The New York State
Standard Domestic Incident Report is a 2 page form containing several parts, The
distribution of the parts is as follows.
(a) This portion is completed using the Impact Records Management System.
(b) Victim/Complainant copy (contains redacted fields). [Will be made available to
the
victin upon request, at no cost, after the report has been completed and
approved], ,
E. Responding officers at the scene of’ a domestic incident shall provide the following assistance
to the victim(s), and where appropriate, the children or other family or household members:
1. Advise relevant parties about the serious nature of family violence, its potential for
escalation, and of legal and social assistance available;
2. Assess the immediate safety and welfare of involved children;
3. Remain at the scene until satisfied that the immediate danger of violence has passed or
appropriate options to protect and assist the victim have been exhausted; and
Provide the victim with referral information regarding domestic violence shelters and
services.
See paragraph “Q” below, ("Additional Services,")
GO 319, Page 5 of 12
GO 319, Domestic Incidents
Tn domestic incidents in which a law is violated, the objective is to protect the victim,
The victim shall not be requested to make a civilian arrest when a summary arrest can
be made. The intent of this policy is to take the burden of an arrest decision away from
victims, who may be ill-prepared to undertake it due to social, economic, psychological
and other pressures or constraints, Even if the victim actively intercedes and
requests that no arrest be made, as specified in this policy, there are situations in
. Which a lawful arrest based on probable cause will nevertheless be made,
Officers are reminded that there is no requirement that a crime (felony or misdemeanor)
occur in the officer’s presence in order to arrest, Therefore, a lawful arrest may be and
often shall be founded upon factors other than the officer's direct observations,
including but not limited to visible physical injury, property damage, signs of serious
disruption at the scene and/or statements by others,
1, Where an officer has reasonable cause to believe a crime (feloriy or misdemeanor) has
been committed against a victim, even if the victim request otherwise.
a. Exception: Alleged violations of court orders specifically directing custody and
ot visitation matters, Violations of this nature shall be documented
and the victims referred back to the issuing court for action.
2. Where a petty offense was committed against a victim in the officer's presence,
3, Where an officer has reasonable cause to believe that the terms of an Order of
Protection have been violated or, receives a complaint from the victim alleging such
violation,
H. Inarrests other than civilian arrests, the officer shall emphasize to the victim and the
offender that the criminal action is being initiated by the State and NOT THE
VICTIM.
I. Where an officer has reasonable cause to arrest, such arrest is required. The following ate
not valid reasons for failure to make an appropriate arrest:
. The suspect lives with the victim.
. There is no Order of Protection in effect,
NAUAP
YON
8. That the victim may not be a willing participant in the subsequent criminal proceedings
or has not been a willing participant in past court proceedings.
++ 0== Tharprosecution atid conviction may not ccc even thougirthere is teasonable—
cause to arrest.
10. When a valid Order of Protection exists and the petitioner of the order seeking
protection of the Court against the respondent, voluntarily encourages the respondent
to violate the terms of the order and then seeks to have the order enforced. (i.¢.,
Petitioner invited the responded into home in violation of the Court Order for the
respondent to stay away from the home).
J. Civilian Arrests
2. Insuch cases the victim should be informed out of the presence of the offender, where
feasible, of such right, and assisted by the officer in effecting such arrest. In
conformance with 140.40(4) of the CPL, an officer is not required to take the arrested
person into custody if reasonable cause exists to believe that the arrested person did
not commit the alleged offense, ©
3. Incases involving a civilian arrest, the complainant shall swear to and sign the
Information. (amended 07/16)
(@) Officers do not have arrest authority for violations that are not committed in their
presence, Therefore, officers should understand that if'a victim wishes to have an
offender arrested for a violation, this Department shall assist the victim with
drawing the charges; and:
(i) ifthe offender is present, the officer shall assist the victim by taking the offender
into custody for processing.
(ii) if the offender is not present, the officer shall submit the charges with the report
for the issuance of a criminal summons or warrant for the offender,
4. Civilian arrests shall not be used in place of an authorized arrest by a police officer
having reasonable cause or direct knowledge as stated previously in this directive.
K. Cross Complaints
1. Officers are not required to arrest both or all parties simply because each used or
threatened physical force. In cases where there is cross complaints the officer should
GO 319, Page 7 of 12
GO 319, Domestic Incidents
making this
attempt to identify the party who is the primary physical aggressor. When
is to protect
determination, the officer shall consider that the purpose of this policy
sormay-attempt to
sons. aytatinrofdomestic-violence:-Oficers-ae- reminded that-an-aperes
use a cross complaint to discourage the victim from proceed ing with an arrest.
physical force
2. The "primary physical aggressor" is not necessarily the first person to use
is, officers
during an incident. In determining who the “primary physical aggressor”
will consider the following:
creating fear of
(a) The comparative nature of the parties' injuries, or serious threats
physical injury.
that history can be
. (b) Prior history of violence between. the involved persons wher
reasonably ascertained by the officer.
fense in
(c). No artest shall be made for acts that where committed in self-de
accordance with Article 35.00 of the NYS Penal Law.
e the arrest of
(d). A decision to arrest the primary physical aggressor does not preclud
from arresting both
the other party at a later time. An officer is also not precluded
: .
parties, if the situation justifies such action.
es of attempting to
(b) That a Family Court proceeding is a civil proceeding for purpos
ls for
stop the violence, end the family disruption and obtain protection. Referra
for this purpose;
counseling, or counseling services are available through probation
prosecuting the
(c) That a proceeding in the criminal courts is for the purpose of
offender and may result in a criminal conviction of the offender.
filing of a Family
(d) That a Family Court Proceeding is initiated at the time of the
Court Petition. A ctiminal action is initiated at the time of the filing of an
an arrest is not
accusatory instrument. In either case, it must be understood that
sufficient to initiate Family Court Proceedings.
or a Criminal
(e) That an arrest may precede the commencement of a Family Court
either
Court proceeding; but an arrest is nota requirement for commencing
ment or petition
proceeding, However, the filing of an underlying accusatory instru
is required to obtain an order of protection from the courts.
GO 319, Page 8 of 12
GO 319, Domestic Incidents
When a victim wishes to procced in Family Court on an offense, advise the victim
2.
that it will be necessary to appear in Family Court to file a petition. If Family Court is
omas__-:2——=inegession;t immediately:-Ifition-sho
filedhis-peti uld-be
t-is-not-in-session;the-petition
may be filed in a local criminal court, with the magistrate acting in the capacity of the
Family Court Judge and then returned and heard on the morning of the next day when
the Family Court is in session.
3. When a victim chooses to proceed in Criminal Court, the victim is not required
to be present at arraignment, but their attendance should be recommended,
especially if an Order of Protection is desired ftom the court,
1. Offenses which are not designated family offenses but which occur in domestic
violence situations cannot be handled in Family Court, Criminal Courts have exclusive
jurisdiction over these acts, (Le., murder ot attempted murder, kidnapping, rape,
unlawful imprisonment). :
N. Orders of Protection
(c) Family Court may issue an Order of Protection order upon the initial filing
of a petition. The parties must be subject to the jurisdiction of the Family
Court (related by marriage, consanguinity or affinity, or be former spouses,
or have a child in common).
GO 319, Page 9 of 12
GO 319, Domestic Incidents
(f) In any case where an arrest has been made for violation of a Criminal Court
en, Onder of Protection; it iy advisable for the victiir-te- be presentat arraign
ment,
If the order violated is a Family Court Order of Protection, the victim is
required to appear in Family Court to file a petition and shall be so advised by
the arresting officer. :
(g) Arrest made for violations of Out of State Orders of Protection where there is
probable cause shall require the following actions:
O. Firearms
1. Upon arresting an individual who is licensed to catry, possess, repair and dispose of
firearms pursuant to Article 400 of the New York State Penal Law, thearresting
officer should, whenever possible, notify the court of arraignment that the defendant
is so licensed when the following conditions exist:
2. The arrest is for a willful failure to obey an Order of Protection issued under Article
Eight of the Family Court Act that involves violent behavior constituting the crimes
of menacing, reckless endangerment, assault or attempted assault (846-a FCA), or
3. The arrest is for a willful failure to obey a lawful Order of Protection issued under
Article Bight of the Family Court Act or 530.12 of the Criminal Procedure Law,
where such willful failure involves:
(a) The infliction of serious physical injury.
(b) The use or threatened use of a deadly weapon or dangerous instrument.
4, When advising the court that such offender is licensed to carry, possess, repair and
dispose of firearms pursuant to Article 400 of the New York State Penal Law, also
advise the court of the licensing authority and county of issuance.
P. Appearance Tickets
1. Field release or appearance tickets shall not be issued, nor pre-arraignment bail set
on an arrest resulting from a domestic incident,
2. All persons arrested shall not be released until after being atraigned by the
appropriate court,
3. Officers shall not assure domestic incident victims that the arrested offender will
GO 319, Page 11 of 12
GO 319, Domestic Incidents
Q. Additional Services
1. The department will maintain a current listing of agencies that provide aid to the
victims of domestic incidents, Officers will refer victims to these agencies, when
appropriate,
R. Responsibility
1. Officers shall follow the procedures set forth in this directive, except under
extraordinary circumstances where it can clearly be demonstrated that following
these procedures was unsuitable for a particular situation, Any such citcumstances
must be fully documented by the reporting officer on the incident report, and a copy
thereof shall be forwarded through the chain of command to the Chief of Police or
his designee.
2. The Squad Commanders/OIC’s are ultimately responsible to see that officers under
their command comply with Department policy and procedure for handling
Domestic Incidents,
(a) Line supervisors shall review Domestic Incident Reports submitted to them
for compliance with this General Order.
GO 319, Page 12 of 12
GO 323, Bank Alarms
Reevaluation Amended
323.1 Purpose
323.2 Policy
Members of the Town of Ramapo Police Department shall respond to all bank
alarms (emergencies) and calls for assistance (non-emergencies) in accordance
with the procedures set forth in this order.
A.
GO 323, Page 1 of 4
GO 323, Bank Alarms
iit
1
2.
4, If bank personnel indicate that the alarm is false, they “should” follow
A
1
GO 323, Page 2 of 4
GO 323, Bank Alarms
A.
GO 323, Page 4 of 4
e
GO 324, Photographing
324.1 Purpose
To establish guidelines for the use of camera equipment by members of the Department,
and the storage of associated photographs and video.
324.2 Policy
324.3 Definitions
A. Digital Camera: A device designed and manufactured for the sole purpose
of taking photographs and/or video and processing or storing them in adigital
format, :
B. Digital Device: A device which can receive, store, process or send digital
content including photographs and/or video, but is not exclusively
designed for taking photographs and/or video.
GO 324, Page 1 of 4
GO 324, Photographing
policy video may be stored in a digital format.
324.4 General
Digital Cameras are made available at various locations in the Department. Further
several members have been assigned digital devices in the form of department phones
which have digital camera capabilities. The primary purpose of this equipment is to
provide a tool to assist mémbers with documenting evidence.
324.5 Guidelines
A. Any damage to a Department camera or associated accessories shall be reported
to a supervisor. ,
324.6 Procedures
C Rockland County BCI may be used to photograph serious incidents and must be
used to photographs homicide scenes.
1. Members may use, but are not required to use a personally owned digital
camera to take photographs duting an investigation or incident. Members
should only use digital cameras where the storage media can removed and
reformatted.
GO 324, Page 2 of 4
GO 324, Photographing
Members may use, but are not required to use a personally owned digital
device to take photographs during a criminal investigation. However,
members should limit the use of personally owned digital devices in
—-eriminal-investigations-ie-emergeney-situations-where-the-member inteds-. --
to document a rapidly changing scene and there is no time to obtain a
digital camera. Examples of such situations include;
GO 324, Page 3 of 4
GO 324, Photographing
The member may also document the above on a Department approved
form designed for such purpose, Such form shall be forwarded to Records
who will cause if to be uploaded to the Records Management System,
Photographs taken for the purposes of General Order 222, Social Media,
are not required to be documented in the Blotter/Event or Case unless such
photos are deemed to have evidentiary value for said Blotter/Event or
Case,
GO 324, Page 4 of 4
GO 325, Underage Consumption of Alcohol
325.1 Purpose
325.3 Procedure
GO 325, Page 3 of 4
GO 325, Underage Consumption of Alcohol
' Anat is prohibited for this violation, the violator may only be summonsed before a court having jurisdiction,
Officers may refer these violations to a local court for the purposes of issuing a summons by signing a complaint
against the violator for violation of the ABC Law section 65-c (3), NO ARREST REPORT/FILE is generated in
this matter. ,
GO 325, Page 4 of 4
GO 326, DWI & DWAI
- Fown-of Ramapo-Police-Department——--.
GENERAL ORDER
General Order No. 326 ‘Issuance Date: August 1, 2002
Subject: Driving While Intoxicated/Impaired
Cross Reference: GO 305, 318, 327, 606
Accreditation Ref: 47.5 Effective Date: August 1, 2002
Distribution: All Members Rescinded Date:
Issuing Authority: Chief Brad Weidel
Reevaluation | 4/04 | 12/08 | 01/14 | 5/16 Amended [4/04 | 12/08 | 02/14 | 05/16
326.1 Purpose
This policy sets forth department procedures with regards to the operation of a motor
vehicle under the influence of drugs or alcohol or a combination of drugs or alcohol in
violation of the New York State Vehicle and Traffic Law. (amended 02/14)
326.2 Policy
Officers shall enforce all laws, and abide by the rules and guidelines, governing arrests
for driving while impaired or intoxicated and for all tasting subsequent to such arrests.
The preferable test to be conducted in typical driving while intoxicated cases to
determine blood alcohol content (BAC) shall be the breath test. Special exceptions exist
where a blood test or urine test will be the required test. (amended 02/14)
GO 326, Page 1 of 7
GO 326, DWI & DWAI
a, These facts should include any notable actions by the suspect duting the initial
_Sbecrvation and stop, and the results of all field sobriety tests administered.
+i_-—field-sobriety-tests should -he-administered-prior-to-an-arrest,
ii. | The Department recognizes that situations may occur where
conditions prevent the administration of field sobriety tests. In
those incidences, officers shall note it in the case report.
fii, Field sobriety tests shall be properly administered in accordance
with the officer’s training. (amended 02/14)
iv. The “field sobriety test” section of the DWI Investigation Notes
should be completed at the scene. (new 02/14)
v. Aback up officer should be present to allow for the safe
administration and documentation of field sobriety test.
(new 02/14)
3, Alco-Sensor Tests:
a. It is the policy of this department that an Alco-Sensor test shall be given
in the following situations:
i, _ All fatal or serious personal injury accidents,
ii, All reckless driving violation incidents.
iti, In addition, testsmay be administered whenever the police officer
has the authority to issue a Uniform Traffic Ticket, ot as patt of the
investigation of a motor vehicle accident.
b. . The results of an Alco-Sensor test are to be considered, but should not
be conclusive in determining whether an arrest will be made.
6. Refusing to submit to an Alco-sensor breath test is a violation of the
Vehicle and Traffic law, and the officer may issue a summons to such
person for violating VIL 1194-b.
C. Upon attiving at headquarters with the suspect (or at the hospital), the officer shall:
GO 326, Page 2 of7
GO 326, DWI & DWAI
1. Obtain the required forms to process the attest, which include:
a, DWlinvestigative notes; famended 12/2008]
b, report of refusal to submit to a chemical test (contains warning);
or nee d lefendant.statemen form: : re :
t
d, property receipt;
e, atrest report;
£ combination supporting deposition and bill of particulars form;
i. This form may be completed using the Impact Records Management
system, (new 02/14)
g. certification of Breath Test Operator;
h, Miranda warnings;
1, towed vehicle card
2. Ask the suspect to submit to a chemical test by giving the suspect the required
. warnings regarding the consequences of refusing to take a chemical test;
a, These warnings shall be read directly from the “NYS-DMV Report
of Refusal to Submit to a Chemical Test (DMV Form AA-134)” form.
b. If the subject refuses the test, the warnings shall be read two more times,
c. Ifthe defendant still refuses to take the test after the third reading, the refusal
should be recorded in the Datamaster instrument and a receipt ticket printed,
(new 02/14)
d. The times of the refusal shall be noted in the report,
e. Ifthe subject requests to speak to an attorney, he/she must be allowed to do so
IF such contact will not unreasonably interfere with the time requirements
of the test.
3. After the subject consents to take the chemical test, or refuses to take the test, the
subject will be read their Miranda Warnings.
4. Witness the breath test operator administer the breath test, if applicable, or follow
the guidelines in this order regarding tests to determine BAC inspecial
circumstances;
5. Ifthe subject is suspected of being under the influence of drugs and a Drug
Recognition Expert (DRE) is available, the DRE should be requested to respond to
the police station to evaluate the subject, (new 05/16)
6. Finish processing the suspect, and complete all necessary reports and forms.
a. [the results of any test indicate a BAC, beyond permitted levels, the subject
shall be charged under the appropriate sections of the New York State Vehicle
and Traffic Law and issued summonses for all underlying charges relating to
ot leading up to the arrest. (amended 02/14)
b. In addition to the above or when the results of any test are not available such
as when a blood test was used, or when a refusal to submit to a chemical test
has occurred, officers are to issue a summons for driving while intoxicated
VTL 1192 (3), or driving while ability is impaired by drugs [VTL 1192 (4)
of for driving while ability is impaired by a combination of drugs and alcohol
VTL 1192 (4-a)] (amended 02/14)
7, Officers are to be aware of [VTL 1192-2-a(b)] when children 15 years of age
or less are a passenger in the subject's vehicle at the time of the stop, and are to
charge such section when appropriate. (New 02/14)
8. Generally, release of an arrested subject shall be determined by the subject
*
A. Periodic Testing
1, Only Datamaster certified operators are authorized to conduct tests on the
Datamaster.
2, The Datamaster shall be tested on a weeldy basis. A receipt ticket shall be printed
and an entry shall be made in the weekly test book,
a. Simulator solution will be changed every 30 days at or about the beginning
ofeach month. An entry will be made in weekly test book that the solution
has been changed.
3. DCIS in Albany will periodically test the Datamaster via modem to ensure that is
functioning correctly. Records of these remote calibrations are maintained by
DCIS. .
4. The Datamaster will be physically taken to DCJS in Albany at least annually for
calibration and testing.
a. DCJS may calibrate the Datamaster via modem every six months in addition.
to the once a year physical examination in Albany.
b. Calibration records will be stored here at police HQ.
5. Any time the Datamaster is removed or out of service an entry will be made in
the weekly test book.
a. Express consent:
i, Breath test, or blood or urine test, as appropriate.
GO 326, Page 6 of 7
GO 326, DWI & DWAI
iii, Preferably within two hours of breath screening (Alco-sensor) or
arrest.
seh, _Consent.not.available.(unconscious,-etc.)-+--
i. By direction of a Police Officer, a blood test or0 urine test(drugs),
as appropriate.
ii. Within two hours of arrest.
c. Express refusal (after DWI. warnings)
i. Completion of refusal form, or;
ii, Court ordered test if the requirements of: [VIL 1194-3] are met,
(1) NO two hour limit, but it is preferred.
GO 326, Page 7 of 7
GO 328, Naloxone
Reevaluation Amended
328.1Purpose
With an increase in opioid drag overdoses in the State of New York, tho use of Naloxone,
an intranasal prescription medication, has proven to be effective in providing medical
_ Gare to petsous who have overdosed on opioid drugs, Accordingly, Trained Patrol
Officers may administer intranasal naloxone to persons who appear to be suffering from -
an opioid overdose
328,2Definitions
4
NALOXONE - An intranasal presoriptioh medication that can be used to reverse the
effects of an opioid drug overdose,
OPIOIDS — Opioid drugs include, but are not limited to, heroin, morphine, oxycodone,
methadone, hydrocodone, and codeine.
328.3Policy
A. Pursuant to NYS Pubic Health law Part 80.138, the Town of Ramapo Police
Department [RPD] is a participant and in partnership with Rockland Paramedic
Services, Inc.[RPS], a registered NYS Depatiment of Health [NYSDOH] Opioid
Overdose Prevention Program, to train and equip RPD Officers to administer
nasal Naloxone as a 1* responder to meilical emergencies.
Go 328, Page 1 of 3
GO 328, Naloxone
D. Pursuant to NYS Public Health Law Section 3309, “Use of an opioid antagonist
pursuant to this section shall be considered first aid or emergency treatment for
the-purpos
any statutee’of
relating-to ability’,
328,4Procedures
A, Officers will verify that an intranasal Naloxone kit is stored with their assigned
at the start of each shift and insure that it is not damaged or expired,
Insert the nasal cone into the appropriate end of the plastic tube,
Gontly screw the naloxone ampule into the barrel of the plastic
application tube, ‘
5. Insert the nasal cons into a nostril while depressing the naloxone
ampule into the tube,
6. Spray one half of the naloxone into each nostril.
7, Ifthe aided has not responded within three to five minutes after
administering the first dose, a second dose may be administered.
8. Notify responding EMS that Naloxone is being admisistered. .
9, The used Naloxone device (plastic tube, naloxone ampule, nasal cone)
is to be retained and turned over to the responding EMS for proper
disposal.
C. Officer Safety
D. Reporting
1, In addition to.a medical case report (blotter), Officers are to complete and
submit a NYSDOH Opioid Overdose Reporting Form. Completed Forms
shall be submitted to and reviewed by a Supervisor and forwarded to
Records, Records Personnel will retain the original completed form and fax a
copy to RPS for submission to the NYSDOH, .
2. Confidentiality of Records, The RPD and RPS have agreed to hold all
individually identifiable information obtained, learned or developed under or
in connection with the Naloxone Program confidential in accordance with
applicable federal, state, and local laws, rules and regulations,
GO 328, Page 2 of 3
GO 328, Naloxone
E. Maintenance
GO 328, Page 3 of 3
GO 330, M/V Searches
GENERAL ORDER
General Order No, 330. Issuance Date: September 6, 2002
Subject: M/V Searches ,
Cross Reference: GO 311, 331-2 Effective Date: September 20, 2002
Acereditation Ref:
Distribution: All Members Rescinded Date:
Issuing Authority: Chief Brad Weidel
Reevaluation Amended
330.1 Purpose
The purpose of this policy is to provide officers with guidelines for the search of
motor
vehicles,
330.2 Policy
It is the policy of this Department to conduct motor vehicle searches that are both legal
and thorough. Such seatches are to be conducted in strict observance of the constitut
ional
rights of the owner and occupants of the motor vehicle being searched, and with
due
regard for the safety of officers and persons involved. :
330.3 Definitions.
Motor Vehicle: Any vehicle operating or capable of being operated on public streets or
highways to include automobiles, trucks, trailers, recreational vehicles, mobile homes,
motor homes, and any other type of vehicle, whether self-propelled or towed. This policy
does not apply to vehicles of any type that have been immobilized in one location for use
as a temporary of permanent residence or storage facility, or which are otherwise
classified by the law as residences or buildings.
GO 330, Page 1 of 5
GO 330, M/V Searches
330.4 Procedures
1. Searches with a warrant. When seatching under a wattant, officers may search
all
areas of the vehicle unless the warrant states otherwise,
Probable cause searches, Probable cause searches may extend to all areas of the
motor vehicle, unless the probable cause is limited to a specific area of the vehicle,
a specific item or limited due to the size of an item.
a. Once probable cause to search is established, a search may be conducted
without a warrant even though thete are adequate opportunities thereafter to
obtain a wasrant,
b, When conducting these or other legal searches of motor vehicles, officers may
also inspect passengers’ belongings found in the vehicle, provided that the
belongings being searched are capable of concealing the type of object for
which the police have probable cause to search.
Consent searches. The extent of a consent search depends upon the terms of the
consent itself, If the consent is limited to specific areas of the vehicle, officers
may search only portions of the vehicle covered by the consent. Written consent
should be obtained whenever possible before conducting these searches [DF 41].
a. AU.T.T or a warning should be issued prior to the consent search.
b. Ifoperator revokes his/her consent to the search, then the search must cease,
and the officer must decide on whether to obtain a search wartant.
GO 330, Page 2 of 5
GO 330, M/V Searches
. Searches incident to arrest. Searches of vehicles incident to the artest of an.
occupant shall be limited to areas within reach of the arrestee (normally the
passenger area of the vehicle). The trunk, the engine compartment and locked
passenger area ly may not be searched,“ ---------- -
. Frisk for Weapons. Frisks for weapons nonmally must be confined to the
passenger area of the vehicle. Generally, areas accessible to passengers, may be
frisked,
Containers in motor vehicles should not be searched unless they could contain the
item(s) being sought. In addition:
1, Unlocked containers found in motor vehicles are governed by the nature of the
search, as follows:
a, Ina probable cause search, containers such as paper bags, cardboard boxes,
wrapped packages, and so forth, wherever found in the vehicle, may be
opened,
b. When the passenger compartment of a vehicle is being searched incident to an
artest, unlocked containers found within the passenger compartment may be
opened.
c. Containers discovered during a consent seatch of the vehicle may be opened
provided that the terms of the consent expressly permit or reasonably imply
that the particular container may be opened.
d. Containers found in a vehicle under circumstances that do not justify their
search under probable cause rules or in connection with a search incident to
arrest should be secured but not searched until a warrant is obtained to search
them.
GO 330, Page 3 of 5
GO 330, M/V Searches
Whenever possible, search of a motor vehicle and containers found therein should be
conducted at the location where the vehicle was discovered or detained. Under
exigetit circumstances, search of the vehicle or container may be delayed and/or
conducted after the vehicle or container has been moved to another location.
However, searches shall be conducted as soon as reasonably possible; that is, as soon.
as adequate personnel are available to conduct a thorough search with due regard for
the safety of officers, citizens and property concerned.
1. Police officers may order persons out of an automobile during a routine stop of a
motor vehicle for a traffic infraction or for other legitimate reasons, even in the
absence of suspicion of criminal activity or areasonable belief that those persons
pose a threat to police safety!.
2. Where possible, damage to the vehicle or to other property in the course of the
seatch should be avoided, Where unavoidable, such damage should be confined to
that reasonably necessary to carry out asafe and thorough search.
3. Officers should be aware of suspicious wires that are not factory installed. These
wires may be indicative of concealed compartments.
. Seizure of Evidence
Any evidentiary items discovered in the course of a motor vehicle search shall be
collected, handled, packaged, marked, transported, and stored in accordance with
applicable policies and procedures of this Department. Where practicable, itemized
receipts for seized property shall be given to the owner or occupants of the vehicle.
GO 330, Page 4 of 5
. GO 330, M/V Searches
G. Compliance with Health and Safety Requirements
If search of a vehicle leaves the vehicle or any property contained therein vulnerable to
unauthorized entry, theft or damage, search personnel shall take such steps as are
reasonably necessary to secure and/or preserve the vehicle or property from such
hazards, ,
1. A vehicle that needs to be processed further (searched, inventoried, dusted for /
ptints, etc.) will be towed in accordance with [GO 332].
1 Abandoned Vehicles
GO 330, Page5 of 5
GO 331, M/V Inventories
331.1 Purpose
The purpose of this General Order is to provide officers with guidelines fordetermining
when and how a motor vehicle inventory should be conducted.
331.2 Policy
A motor vehicle inventory is an administrative measure designed to document as well as
protect motor vehicles and their contents while in police custody; to protect the agency
against claims of lost, stolen ot damaged property; and to protect departmental personnel
and the public against injury or damaged property due to hazardous materials or
substances that may be in the vehicle. It is the policy of this Department to safeguard the
above property and interests and to conduct motor vehicle inventories in accordance with
the following procedures,
3313 Procedures
B. Scope of Inventory
1. The contents of all motor vehicles that are lawfully seized and/or
impounded by this agency shall be subject to inventory in accordance with
provisions of section (331.3 A) of this order.
An inventory should be conducted in the location at which the vehicle is
seized unless limited by reasons of safety or practicality. If so, it may be
inventoried at a later time following the impoundment, °
The owner or operator of the vehicle shall be asked to remove, if possible,
all valuables from the vehicle prior to impoundment. If such items cannot
be removed, they shall be inventoried, and the owner/operator shall be
tequested to verify the completeness of inventory by signature.
a. Inability to or refusal to sign the inventory shall be noted on
Department Form (DF 149) Motor Vehicle Inventory.
A motor vehicle inventory may extend to all areas of the vehicle in which
personal property or hazardous materials may reasonably be found,
including but not limited to the passenger compartment, trunk, console and
glove compartment.
All closed containers found within the vehicle shall be opened for
purposes of the inventory. Locked containers generally shall not be forced
open but shall be logged on (DF 149), as such. Ifa key or lock
combination is available, locked containers may be opened and
inventoried
a, locked containers may be forced open where circumstances
indicate that the contents could present a safety hazard or when
highly valuable contents must be removed for safekeeping,
C. Property Control
the owner or his/her agent they shall be deposited with the evidence
custodian in accordance with procedures for control of evidence,
a, If possible, a property receipt shall be provided to the
owner/operator for items placed into safekeeping.
GENERAL ORDER
General Order No. 332 , Issuance Date: February 18, 2002
Subject: Motor Vehicle Impounds & Towing co
Cross Ref: GO 331 M/V Inventory Effective Date: February 25, 2002
Accreditation Ref: 47.8
Distribution: All Members Rescinded Date:
Issuing Authority: Chief Peter Brower
332.1 Purpose
It is the purpose of this policy to provide guidelines for towing and impoun
ding motor
vehicles,
332.2, Policy
332.3 Definitions
Impoundment: For the purposes of this policy, the seizing of, and placing of
a motor
vehicle in police custody for a legitimate police purpose.
332.4 Procedures
A. General
GO 332, Page 1 of 5
GO 332, M/V Impounds
1. A vehicle shall be towed if'a subject is arrested and/or one of the following
circumstances exists:
a, The vehicle was used as a major instrument in a crime.
b. . The vehicle contains evidence of a crime that cannot be
processed at the scene and must be secured to ensure its
evidentiary integrity.
Officers should not unnecessarily impound motor vehicles for purposes of
gathering evidence when such processing can be reasonably, effectively,
and safely conducted at or near the scene.
A “hold” may be placed on any vehicle impounded for evidence for such
period of time necessary to complete evidence collection.
a “Holds” on vehicles must be approved by a supervisor.
b. Investigating officers shall complete their investigation in a
timely manner so that it can be released to the owner.
Vehicles requiring processing should be towed directly to the forensic
agency charged with the processing.
a An officer shall follow the tow to maintain the chain of evidence
until the vehicle is turned over to j
GO 332, Page 2 of 5
GO 332, M/V Impounds
GO 332, Page 3 of 5
GO 332, M/V Impounds
1. Information on vehicles towed for any reason other than impound for
evidence shall be recorded on Department Form DE-29,
a. Vehicles towed as a result of a motor vehicle accident are to be
documented in an accident report,
b. DF-29 is not required in these cases, unless the vehicle is
impounded as a result of the accident.
2. Information on vehicles towed for evidence shall be recorded on
Department Form DF-30.
3. Forms DF-29/30 shall be maintained in communications,
a, Communications personnel shall complete their portion of the tow
card, and tow log as required,
4, In addition to DF 29/30, a separate police report shall be filed,
a exception- motor vehicle accidents as outlined above in A-1.
GO 332, Page 4 of 5
GO 332, M/V Impounds
B. An attempt to contact owners unaware of towing is to be done by the officer
authorizing the towing.
1. + The officer authorizing the tow, must indicate if vehicle can be teleaged
to
the owner, and if not, why.
A Supervisory Approval
B. Authority to Release
L The officer authorizing the tow, must indicate if vehicle can be released to
the owner, and if not, why.
a" Vehicles towed as evidence either to a forensic location or to the
police impound lot shall not be released without the approval of
an Assistant District Attorney.
b. The officer authorizing release shall complete DF-30 indicating
the approval, if granted. The owner will be advised as follows:
The owner may pick up this vehicle after making an appointment with
the evidence custodian or impound officer. Proof of payment for towing,
storage and taxes must be provided to this department before release
2. Upon approval and payment of fees, physical release of the vehicle to the
owner shall be done by the evidence custodian or impound officer,
GO 332, Page 5 of 5
GO 333, Liconse-Plate Reader
333.1 Purpose:
oo
The purpose of this Polioy
is to provide uniform and
License Plate Reader (LP proper use of the Mobile
R).
333.2 Policy:
A. Guidelines:
GO 333, Page f of 3
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3. Before conducting a traffic stop solely on the LPR alanm the officer
should verify the alarm information with aDepartment of Motor
Vehicle inquiry,
7. Data may be entered or searched in the LPR and or LPR. database to assist in
official business of the Town of Ramapo Police Department,
§. Data may be entered or searched in the LPR and or LPR database to assist in
official business of another law enforcement agency with authorization of a
Town of Ramapo Police Department Supervisor.
. Security:
C. Maintenance:
‘The rooftop cameras need not be removed for the purposes of ranning
an LPR-equipped vehicle through an antomatic carwash,
Officers may use a damp cloth or paper towel to clean the surface of the
roof-top cameras if they become excessively dirty and performance suffers.
SECTION I— INTRODUCTION 1
1 - STATEMENT ......c.cccccsescssessssssscsesssscnsensesesncescssssesesssessessssssscesesssssesenessavacsausseaseasaes 1
2- DEFINITIONS .....cccccesssscsesscsessessesssesseesessssssscssssssasacescseveessvacaceaseasaassesacseceneeeavensnes 1
3.- ANNUAL REVIEW ......ccccscsssssssessssscseseescsensscoessesestcasscesssassessssscsssserssscnscesveevsursvaseces 2
1 - STATEMENT
This Comprehensive Policy and Procedures Manual (“Manual’) contains key fiscal and management
policies and procedures that guide the operations of the Town and the Ramapo Local Development
Corporation. The Manual serves as a comprehensive reference guide to the rules by which Town and the
RLDC operate. It is intended to be a resource for staff, citizens, and all stakeholders.
Except where otherwise noted, the policies in this Manual apply to all departments, administrative units
and employees of the Town and the RLDC.
These policies have been adopted under by and under the authority of the Town Board unless otherwise
noted.
2 - DEFINITIONS
“Administration” means the functional and operational departments of the Town of Ramapo.
“Board” means Board of the Town of Ramapo and/or the Board of the RLDC
“FP” means Finance Plus, the fund accounting software licensed to the Town by Central Square.
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Town of Ramapo, New York — Financial Policy Manual DRAFT
SECTION IT — FINANCIAL POLICIES
4 - BANK ACCOUNTS
A&M: 2, 21, 22, 23, 24, 25, 87, 125, 26, 31, 59, 85, 156
SECTION — I
SCOPE
Safeguarding bank account information has become increasingly important and is a recommended best
practice of the OSC. Only known and authorized personnel should be provided access to bank account
information.
SECTION - II
OBJECTIVES
To ensure Town bank accounts are properly operated, monitored, safeguarded and reconciled.
SECTION - III
BANK ACCOUNT POLICIES
1. Bank accounts will be opened as required with the approval of the Supervisor in banking
institutions that have been authorized by the Board.
2. By NYS law, the sole authorized signatory of the accounts used for the collection of taxes and
related matters is the Tax Receiver. The Supervisor and Deputy Supervisor will be the only
authorized signatories of all other accounts.
3. The DOF shall, at the end of each quarter, request each approved depository for a listing of all bank
accounts in the name of the Town and for all bank accounts carrying the Town’s federal tax ID.
The list will be reviewed by the Board to verify that all accounts have been duly authorized and
recorded n the books and records.
4. Bank accounts will be reviewed annually to ensure that the number of accounts, including payroll,
adequately and efficiently meet the needs of the Town.
5. Bank accounts may only be opened or closed with the express written approval of the Supervisor,
or, in the case of tax accounts, with the express written approval of the Tax Receiver.
6. Account opening forms also require the signature of the DOF to ensure that the new accounts are
properly recorded in the books and records and properly activated for on-line banking.
7. Each year a complete list of all bank accounts will be presented to the board for approval by
resolution in the re-organizational meeting.
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Town of Ramapo, New York ~ Financial Policy Manual IDRAF' 7
one whose commercial paper and other unsecured short-term debt obligations are rated in one of
the three highest rating categories by at least one nationally recognized statistical rating
organization or by a bank that is in compliance with applicable federal minimum risk-based capital
requirements.
3. By an eligible surety bond payable to the Town for an amount at least equal to 100% of the
aggregate amount of deposits and the agreed upon interest, in any, executed by an insurance
company authorized to do business in New York State, whose claims-paying ability is rated in the
highest rating category by at least two nationally recognized statistical rating organizations.
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Town of Ramapo, New York — Financial Policy Manual IDRAF’ T