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KNIGHTSTOWN TOWN MARSHAL’S DEPARTMENT STANDARD OPERATING PROCEDURE

MANUAL

Revision Date: November 19, 2009

Original issue: 12/27/06 Town Council

Town of Knightstown Henry County, Indiana

Organizational Chart:

TOWN COUNCIL

TOWN MARSHAL

CAPTAIN DISPATCH SUPERVISOR

OFFICERS & RESERVES (FT & PT) DISPATCHERS


TABLE OF CONTENTS

Rule #1 Standard Operating Procedures 1

I. Purpose
1

II. Policy
1

III. Procedure
1
A. Issuance of Policies
1
B. Inspection of Standard Operating Procedural Manual
1
C. New Policies
1
D. Review of Policies
1
E. Change in Policies
1

Rule #2 Code of Conduct 2

I. Purpose
2

II. Policy
2

III. Definitions
2

IV. Procedure
2-13
A. Preserve and Advance Democratic Values 2-3
B. Improve the quality of Community Life 3-4
C. Compassion 5
D. Professionalism 5-6
E. Pride 7-8
F. Teamwork 9-1
G. Commitment 10-11
H. Excellence 11
I. Quality Service 11-12

Rule #3 Department Organization (Definitions) 13

I. Purpose
13

II. Policy
13

III. Procedure
13-19
A. Employment Classification 13-14
B. Town Marshal 14-16
C. Deputy Marshal 16-19
Rule #4 Use of Departmental Vehicles 20-36

I. Purpose
20

II. Policy
20

III. Procedure
20-36
A. Definitions 20
B. Vehicle Operation 21-23
C. Use of Clearly marked Take-Home Vehicle 23-24
D. Use of Unmarked Take-Home Vehicle 24-25
E. Care of Departmental Vehicle 25
F. Reporting Vehicle Crashes or Damage 26
G. Effect of Leave on Departmental Vehicles 26
H. “Pool” Car Use 26-27
I. Pursuit Driving 27-35
J. Disciplinary Action 35
K. Reporting for Duty 35
L. Address on Leave 35-36
M. Seat Belt Policy 36

Rule #5 Dispatcher 37

I. Purpose
37

II. Procedure
37
A. Dispatcher
37

Rule #6 Internal Standard Operating 38-44

I. Purpose
38

II. Policy
38-44
A. Personnel Hiring 38-41
B. Probationary Employees 41
C. Mandatory Training
D. Compensation/Leave 42-43
E. Change in Employment Status 43-44
F. Resignation or Retirement 44
G. References 44

Rule #7 Disciplinary Action 45-48

I. Purpose
45

II. Policy
45
III. Procedure
45-48
A. List of Basic Work Rules 45
B. Minor, Serious & Sever Offenses Examples 45-47
C. Progressive Discipline 47-48

Rule #8 Equipment 49

I. Purpose
49

II. Policy
49

III. Procedure
49
A. Standard Arms Equipment 49
B. Loss or Damage 49
C. Surrender 49

Rule #9 Firearms Use 50-56

I. Purpose
50

II. Policy
50

III. Procedure
50-56
A. Issued Firearms 50
B. Duty Weapons 50
C. Non-Issued Secondary Weapons/Back-up Weapons 50
D. Authorized Ammunition 50-51
E. Other Firearms 51
F. Firearms Training 51-52
G. Holsters and Magazine Carriers 52
H. Firearms Responsibilities 52-53
I. Firearms Use & Reporting 53-54
J. Use of Patrol Rifle
54-55
K. Firearms Review Board 55
L. Range Organization and Operation 55-56

Rule #10 Uniforms 57-59

I. Purpose
57

II. Procedure
57-59
A. Uniforms 57-59

Rule #11 Arrest and Detention 60-61

I. Purpose
60

II. Policy
60

III. Procedure
60-61
A. Arrest 60
B. Restraints 60
C. Pursuit 60
D. Defendant’s Rights 61
E. Police Powers 61
F. Personal Involvement 61
G. Exception to Police Powers 61
H. Arrest Out of Uniform 61
I. Filing Charges 61

Rule #12 Searches 62

I. Purpose
62

II. Policy
62

III. Procedure
62-63
A. Inventory Record 62
B. Incident Report 62
C. Photographs of Valuables 62
D. Use of Force during Inventory Searches 62
E. Regulations 62
F. Searches 62-63
G. Destruction of Evidence
63
H. Confiscated Property 63

Rule #13 Court Appearances 64

A. Appearance 64

Rule #14 Public Information 65-66

I. Procedures for Release of Information to the Media


65
A. Public Information Officer 65-66

Rule #15 Juvenile Offenders 67-68

I. Purpose
67
II. Policy and Procedure
67-68

A. Holding Area 67
B. Not Physically Secured 67
C. Purpose of Holding Area 67
D. Use of Holding Area 67
E. Continuous Visual Supervision 67
F. Substantial Risk 67
G. Nonsecured Custody 67
H. Processing 67-68
I. Child in Need of Services 68

Rule #16 Complaints Against the Department 69

I. Purpose
69

II. Policy
69

III. Procedure
69
A. Initial Filing 69
B. Disposition 69
C. Action 69

Rule #17 Drug Free Workplace Policy 70

A. Implementation of Henry County, Indiana, Policy


70

Rule #18 Computer and Internet Usage 71

I. Purpose
71

II. Policy and Procedure


71
A. Conducting Job Related Activities 71
B. Proper Use 71
C. Unauthorized Access 71
D. Security 71
E. Clarification of Permissible Activity 71
F. Access of Public Records Act 71
G. Monitoring Use 71
Rule #19 Use of Tasers 72-77

I. Purpose
72

II. Policy 72-77


A. Electronic Incapacitation Devices 72
B. Issuing of the ADVANCED TASER 73
C. Training and Certification 73
D. Use of an ADVANCED TASER on Persons 73-75
E. Duties After Deployment 75-76
F. Supervisor Responsibilities 76-77

III. Procedure 77

A. ADVANCED TASER Use Policy 77


B. Training and Certification 77
C. Force Continuum 77
D. Deadly Force Situations 77
E. Proper Use 77
F. Collection of Evidence 77
G. Comply with Procedures and Policies 77

Rule #20 In-Car Video Systems 78-79

I. Purpose
78

II. Policy and Procedure


78-79

A. Documentation of Events
78
B. Events
78
C. Removal of Videotapes of Events
78
D. Videotapes as Evidence
78
E. Assigning Case Number to Videotape
78
F. Daily Testing of In-Car Video System
78
G. Proper Date and Time on Screen
78
H. Permission to Copy Videotapes
79

Rule #21 Canine Utilization 80-91

I. Purpose
80

II. Policy and Procedure


80-91

A. Goals
80
B. Definitions
80
C. Proper Utilization of Canine
80-82
D. Specific Responsibilities
82-84
E. Canine Bite Incident Procedure
84
F. Tracking Procedure
84-85
G. Narcotics Searches
85-86
H. Property Searches
86
I. High Risk Traffic Stops
86
J. Perimeters
86
K. A Canine Team is NOT
87
L. When a Canine Team Can Be Used
87-91
STANDARD OPERATING PROCEDURES Rule #1

I. PURPOSE: Standard operating procedures are for the expressed purpose of providing
members of the department with administrative interpretation of policy matters of general
nature and further to provide uniform procedures and rules for handling these matters in a
more specific manner.

II. POLICY: Standard Operating Procedures shall, in all instances, be issued exclusively
over the signature of the Town Marshal. All Standard Operating Procedures shall be
approved by the Town Council.

III. PROCEDURE:

A. The Town Marshal shall be responsible for issuing copies of all policies to members
of his/her command. Each member shall be issued a three ring binder, which will be
referred to as the Knightstown Town Marshal’s Department Standard Operating
Procedural Manual within which; he/she shall maintain the aforementioned issuances
in a neat and orderly manner. Each member shall be required to read each issuance
and to acknowledge in writing that he or she has read, understands and intends to
comply with it. Furthermore, when amendments to the Knightstown Town Marshal’s
Department Standard Operating Procedural Manual are issued, each member shall
sign the compliance sheet on the bulletin board within twenty four (24) hours of the
date of the member’s return to service from days off or from a leave status at the time
of issuance. All other members shall sign within twenty four (24) hours of issuance of
the policy amendment.

B. Inspection of each member’s Knightstown Town Marshal’s Department Standard


Operating Procedural Manual will be accomplished by the Town Marshal on an
annual basis. The inspection will be noted in the Town Marshal’s records.

C. When a new policy is issued, it shall indicate on its face, the issue date, number and
subject matter. Unless otherwise noted the issue date will be the effective date.

D. Each policy will be reviewed at least yearly for updates and changes.

E. When a change is issued the change will be posted to each member’s handbook.

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CODE OF CONDUCT Rule #2

I. PURPOSE: To give practical meaning to the department mission, by setting forth for
members of the Knightstown Town Marshal’s Department, articulated rules and regulations
as well as codes for conduct, both on duty and off duty.

II. POLICY: All members of the department shall become familiar with these standards and
shall abide by them. Violation of any rule constitutes grounds for disciplinary action. Rules
of conduct are as essential to a well functioning, correctly disciplined organization as proper
laws are to a society. The Town Marshals and Town Marshal Deputies and Dispatchers and
public employees are granted a public trust, which require that they consistently demonstrate
the highest degree of integrity. A law enforcement agency must maintain high-level personal
and official conduct if it is to command the respect and confidence of the public it serves.

The essence of a profession is that it requires, in addition to prescribing a desired level of


performance, established minimum standards of ethical conduct with prescribed rules for
internal discipline to ensure compliance. Nothing in these rules is intended to limit or
supersede any provision of law relating to the duties and obligations of peace Officers or
public employees or the consequences of a violation thereof. Whereas these rules specify
certain conduct as unprofessional, this is not to be interpreted as approval of conduct not
specifically mentioned. Nothing in this code is intended to limit the authority of the
department to adopt and enforce rules and regulations that are more stringent or
comprehensive than those that are contained in this document.

Members of the department confronted with situations that are not specifically covered by
these rules or other department policies must utilize discretion and make their decisions
based upon training, experience and, perhaps most importantly, the mission and values of the
town.

III. DEFINITIONS:

Officers – Refers to Town Marshal, Captain, all Deputy Marshals and all Reserves

Member - Refers to Town Marshal, Captain, all Deputy Marshals, all Reserves, all
Dispatchers and all civilian employees and/or volunteers.

IV. PROCEDURE:

A. Preserve and Advance Democratic Values.

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1. This Country’s democratic values as embodied in the U.S.
Constitution shall be upheld and all department members shall dedicate
themselves to the preservation of life, individual freedoms and justice for
everyone.

2. Members shall recognize that the primary responsibility of their


profession and of the individual member is the protection of the people within
the jurisdiction of the United States through upholding of their laws, the most
important of which are the Constitution of the United States, the Indiana
Constitution and the laws derived there from.

3. Members shall be aware of the extent and the limitation of their


authority in the enforcement of the law.

4. Members shall endeavor to uphold the spirit of the law, as opposed to


enforcing merely the letter of the law.

5. Members shall follow and adhere to all legal and best practices in such
areas as interrogation, arrest or detention, searches, seizures, use of informants
and collection and preservation of evidence.

6. Members shall not restrict the freedom of individuals, whether by


detention or arrest, except to the extent necessary to legally or reasonably
apply the law.

7. Members, whether on or off duty, shall obey all the laws of the United
States and any state or local jurisdiction in which the Officer is present, except
in the performance of duty under proper authority.

8. Members shall not knowingly make false accusations of any criminal,


ordinance, traffic or other law violation, nor make it intimidating or
threatening statements.

B. Improve the Quality of Community Life.

1. Department members must understand the importance of community


values and expectations, be responsive to the concerns of all citizens, and
encourage our members to expand their role in helping the community to
develop into a better place to live.

2. Members shall, within the boundaries of the city and while on duty,
preserve the public peace, protect life and property and equally enforce laws
for which the department is responsible.

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3. Members shall recognize that their allegiance is first to the people,
then to their profession and then to the government agency that employs them.

4. Members shall recognize that every person is entitled to professional,


effective and efficient law enforcement services.

5. Members must recognize the basic goals of the community and the
department and work with each other and all citizens to make Knightstown a
better place to live.

C. Compassion.

1. The role of the Town Marshal’s Department is to resolve conflict


through impartial enforcement of the law, not through imposition of judgment
or punishment. All persons shall be treated equitably and with compassion.

2. Members shall respect and uphold the dignity, human rights and
constitutional rights of all persons.

3. Members shall follow the principles of integrity, fairness and


impartiality in connection with their duties.

4. Members shall be courteous and respectful in their official dealings


with the public, fellow members, superiors and subordinates.

5. Members shall recognize the rights of individuals to be free from


capricious or arbitrary acts, which deny or abridge their fundamental rights as
guaranteed by law.

6. Department members shall receive said complaints in verbal form, and


then promptly record any complaint made by a citizen against any member of
the department. Members may attempt to resolve the complaint, but shall
never attempt to dissuade any citizen from lodging a complaint.

7. Members shall be courteous to the public. Members shall be tactful


during the performance of their duties, shall control their tempers and exercise
patience and discretion. Members shall not express any prejudice concerning
race, color, religion, sex, age, physical disabilities, politics, national origin,
life-style or similar characteristics.

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8. Members shall not mistreat persons who are in their custody or care.
Members shall handle such persons in accordance with law and department
procedures.

9. Members shall not use more force than is reasonably necessary.


Members shall use force in accordance with law and department procedures.

D. Professionalism.

1. Department members must recognize that agency success is dependent


on the trust and confidence of the citizens of the community, which are
served. Therefore, members shall always engage in behavior, which is beyond
reproach and reflects the integrity of police professionals.

2. Members, as professionals, shall maintain an awareness of those


factors affecting their responsibilities.

3. Members shall not allow their personal convictions, beliefs, prejudices


or biases to interfere unreasonably with their official acts or decisions.

4. Members shall not consider their badge of office or department status


as a license designed to provide them with special favor or consideration.

5. Members shall conduct themselves at all times in such manner so as


not to bring discredit upon the member department or town. Conduct
unbecoming a member shall include that which brings or could bring the
member, department or the town into disrepute or reflects discredit upon the
member as a member of the department, or that, which impairs or could
impair the operation or efficiency of the town, department or member.

6. Members shall maintain a level of moral conduct in their personal and


business affairs, which is keeping with the highest standards of the law
enforcement profession. Members shall not participate in any incident
involving moral turpitude, which impairs their ability to perform as law
enforcement Officers, or causes them or the department to be brought into
disrepute.

7. Members shall not be parties to any promises, schemes, arrangements


or agreements between persons charged or about to be charged with a
violation of the law, with a view to reducing or avoiding the penalties imposed
by law.

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8. Participation in political activities which conflict with a member’s
duties with the department or violate state or federal law shall be prohibited.
No member shall use his or her position with the department or his or her “on
duty” time to assist in the campaign of a political candidate. Department
members shall conduct their personal political activities in such a manner as
not to violate the federal election campaign act, or the ghost employee law, or
state or federal regulations concerning fraud or deceptive activities, or state or
federal regulations concerning the political activities of law enforcement
employees.

9. Members shall not possess any controlled substances, narcotics or


hallucinogens except in the proper performance of duty or when prescribed by
a physician or dentist. When such drugs are prescribed, members shall notify
the Town Marshal in writing immediately and if such drugs are prescribed for
the Town Marshal, he shall notify the Town Council Police Committee.
Members shall not store or bring into any police facility or vehicle, alcoholic
beverages, controlled substances, narcotics or hallucinogens except those,
which are taken and held as evidence or to be used in training but only after
the issuance of an appropriate Court order allowing possession for such
purposes.

10. Members shall not consume intoxicating beverages while in uniform


or on duty, except while working in an undercover operation. But in no event,
shall a member in this capacity consume intoxicating beverages to such an
extent that an Indiana law would be violated. Members shall not appear for
duty or be on duty while under the influence of intoxicants to any degree, or
with the odor of intoxicates on their breath. Members shall not while in
uniform or on duty enter any place where intoxicating liquor is sold or
furnished except in the performance of duty. Exceptions apply to gas stations,
restaurants, grocery stores, FOP lodge, etc., or when the member is
conducting an activity unrelated to alcohol purchase or consumption.

11. Members, while off duty, shall refrain from consuming intoxicants to
the extent that it results in intoxication or obnoxious behavior which makes
them ineffective in their job, or renders the Officer unfit to report to their next
tour of duty.

12. Members shall neither directly or indirectly recommend any Attorney


or bondsmen to any prisoner or other person. If any member is asked for the
name of an attorney or bondmen, he or she shall simply refer the person
making such request to the listings in the yellow pages of the telephone
directory without comment as to their individual qualifications.

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13. No member of this department, including all ranks, nor member of any
supporting organization, shall ever accept a gratuity from any citizen. This
regulation shall not preclude or prevent a member from accepting a meal or
gift of reasonable value, from any service club, church, sponsored
organization, fraternal organization, supporting organization, etc., when such
meal or gift is offered to the member as a guest of the organization, or in
reward for extra-duty activities that have been devoted to the interest of the
citizen.

14. Members shall not recommend or suggest in any manner, except in


transaction of personal business, the employment or procurement of a
particular product, professional service or commercial service. When such
service is necessary and the person needing the service is unable or unwilling
to procure it or requests assistance, members shall proceed in accordance with
established departmental procedures.

15. Members shall carry their badges and identification cards at all times
while on duty, except when impractical or dangerous to their safety. They
shall furnish their name and rank to any person requesting that information
when they are on duty or while holding themselves out as having official
capacity, except when withholding of such information is necessary for the
performance of the police duties or is authorized by proper authority.
Members who take official action while off duty or out of uniform must
properly identify themselves as an Officer and display a badge and
identification.

16. Members shall avoid regular or continuous associations or dealings


with persons whom they know, or should know, are persons under criminal
investigations or grand jury indictment, except as necessary to the
performance of official duties, or where unavoidable because or other
personal relationships with the member.

17. Members shall treat the official business of the department as


confidential. Information regarding official business shall be disseminated
only to those for whom it is intended, in accordance with established
procedures. Members shall not divulge the identity of persons giving
confidential information except as authorized by proper authority.

18. Whenever a member observes or is informed that the conduct of


another member is in violation of any of these rules, he/she shall immediately
take all necessary action to report the incident to his/her immediate supervisor,
who shall immediately forward it to the Town Marshal (except for oral
reprimand actions) via chain of command. In the event a superior member

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committed the misconduct observed, the member shall forward a report of the
same to the Town Marshal via sealed envelope. If the conduct in question
involves the Town Marshal, the member shall forward a report of the same to
the Town Council Police Committee members.

E. Pride.

1. Department members shall take pride on being capable and caring


people who provide a valued service to the citizens of Knightstown and shall
promote pride in the community, agency, and police profession.

2. Members shall not use their official position, identification cards or


badges:

a. For personal or financial gain, (unless authorized by the


Town Marshal for off duty employment), for themselves or any other
person.

b. For obtaining privileges not otherwise available to them except


in the performance of duty.
c. For avoiding consequences of illegal acts.

3. Members shall not authorize the use of their names, photographs or


titles that identify them as Officers, in connection with testimonials or
advertisements or any commodity or commercial enterprise.

4. Members shall not lend to another person their identification cards or


badges or permit them to be photographed or reproduced without approval of
the Town Marshal.

5. Upon the order of the Town Marshal, the Town Marshal’s designee or
a superior Officer, members shall truthfully answer all questions directed and
narrowly related to the scope of employment and operations of the
Department, which may be asked of them. Members will not make any false
statements.

6. Members shall truthfully, completely and impartially report, testify


and present evidence in all matters of an official nature.

7. Members shall not undertake financial obligations which they know or


reasonably should know they will be unable to meet and shall pay all just
debts when due. Financial difficulties stemming from unforeseen medical

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expenses or personal disaster shall not constitute a violation, provided that a
good faith effort to settle all accounts is being taken.

8. Upon order of the Town Marshal or the Town Marshal’s designee,


members shall submit to any medical or mental health examination, ballistics,
chemical, polygraph, voice stress analysis, or other tests, photographs or
lineups. All procedures carried out under this subsection shall be specifically
directed and narrowly related to a particular internal investigation being
conducted by the department, or for the purpose of determining fitness for
duty, and shall be carried out in conformance with law and department
procedure.

9. Members shall at all times conduct themselves in a manner, which


does not discredit the law enforcement profession or the department.

F. Teamwork.

1. Law enforcement and public safety are of community-wide concern;


thus department members must actively seek citizen involvement in all
aspects of policing, and shall strive to cultivate effective working relationships
with other governmental public and private service agencies in pursuit of
mutual goals.

2. Members, within legal and agency guidelines, shall share with


personnel, both within and outside their agency appropriate information that
will facilitate the achievement of criminal justice goals or objectives.

3. Members, whether requested through appropriate channels or called


upon individually, shall render needed assistance to any other Officers in the
proper performance of their duties.

4. Members shall, within legal and agency guidelines, endeavor to


communicate to the people of their community the goals and objectives of the
profession, and keep them apprized of conditions which threaten the
maintenance of an ordered society.

5. The police administration shall access available resources and the


authority of their office to maintain the integrity of their agency and the
competency of their members.

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6. Members shall treat each other with respect and promptly obey any
lawful orders of a superior Officer. This will include orders relayed from a
superior Officer by another Officer of the same or lesser rank. Members who
are given an otherwise proper order which is in conflict with a previous order
or department procedure shall respectfully inform the superior Officer issuing
the order of the conflict. If the superior Officer issuing the order does not alter
or retract the conflict order, the order shall stand. Under these circumstances,
the responsibility for the conflict shall be upon the superior Officer.

7. Members shall not obey any order which they know or should know
would require them to commit any illegal act. If in doubt as to the legality of
an order, a member shall request the issuing member to clarify the order or to
confer with a higher authority.

8. Department members shall not publicly criticize or ridicule the


Department or Town Council, its policies or personnel by speech, writing or
other expression, where such expression is defamatory, obscene (as defined by
federal and Indiana law) or unlawful nor conspire with anyone outside the
department to do so.

9. Members, as representatives of the department, shall not address


public gatherings, appear on radio or television, prepare any articles for
publication, act as correspondents to a newspaper or periodical, release of
divulge investigative information or any other matters of the Department
without proper authority from the Town Marshal.

10. Members shall not undertake any investigation or other official action not part
of their regular duties without obtaining permission from their superior
Officer, unless the exigencies of the situation require immediate police action.
Under no circumstances (unless authorized by the Town Marshal) shall any
member secretly tape record or videotape record any other member of the
department.

G. Commitment.

1. Department members must have a vision for the future of the


community and the agency, and make a firm commitment to foster goals,
which will enable the department to attain that end.

2. Members, during their tour of duty, shall diligently devote their time
and attention to the effective and professional performance of their
responsibilities.

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3. Members shall diligently study principles and new enactments of the
laws they enforce.

4. Member shall not play games, watch television or movies or otherwise


engage in entertainment while on duty, except as may be required in the
performance of duty, or as properly authorized by the department. They shall
not engage in any activities or personal business, which would cause them to
neglect or be inattentive to duty.

5. Members shall not feign illness or injury, falsely report themselves ill
or injured, and intentionally cause themselves to be injured or otherwise
deceive or attempt to deceive any official of the department as to the condition
of their health.

6. Members shall remain awake while on duty. If unable to do so, they


shall report to their superior Officer, who shall determine and order the proper
course of action.

7. Members shall not leave their assigned posts during a tour of duty,
except when authorized by proper authority or when dictated by the
exigencies of the situation.

8. Members shall maintain the integrity of their profession through


disclosure of those who violate any of these rules or conduct, violate any law
or conduct themselves in a manner, which tends to discredit the profession.

H. Excellence.

1. Department members shall endeavor to meet or exceed nationally


recognized law enforcement standards in every duty undertaken. Employees
must pledge to establish and maintain high performance standards to ensure
public confidence and trust.

2. Members shall maintain a level of performance and competence that


will keep them abreast of current techniques, concepts, laws and the other
requirements of the profession.

3. Members shall assume a leadership role in furthering their profession


by encouraging and assisting in the education and training of other members
of the department.

4. Members shall submit all necessary reports on time and in accordance


with established departmental procedures. Reports submitted by members

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shall be truthful and complete, and no member shall knowingly enter or cause
to be entered any inaccurate, false or improper information, wrongfully alter,
conceal, destroy, mutilate, obliterate, remove or steal any report or record of
the department.

5. Property or evidence, which has been discovered, gathered or received


in connection with departmental responsibilities, will be processed in
accordance with department procedures and consistent with best practices.
6. Members shall operate official vehicles in a careful and prudent
manner, and shall obey all laws and all departmental procedures pertaining to
such operation. Loss or suspension of any driver’s license shall be reported to
the department immediately. The member receiving the ticket shall also report
any traffic ticket issued while on or off duty immediately to the department.

7. Members shall not use or handle weapons in neither a careless nor


imprudent manner. Members shall use weapons in accordance with law and
departmental procedures.

I. Quality Service.

1. Department members shall strive to realize the aforementioned values


in order to provide the citizens of Knightstown with the highest quality of
police services possible and accomplish the department mission.

2. Members shall conduct themselves so as to set exemplary standards of


performance for all law enforcement personnel.

3. Members shall not use their official position to detain any individual,
or to restrict the freedom of any individual, except in the manner and means
permitted or prescribed by law.

4. Members shall report for duty at the time and place required by
assignment or orders and shall be physically and mentally fit to perform their
duties. They shall be properly equipped and cognizant of information required
for the proper performance of duty so that they may immediately assume their
duties. Situations involving an apparent conflict of assignment shall be
reported to a member’s supervisor as soon as possible for resolution and
disposition or the conflict.

5. When any citizen asks for assistance, or makes complaints or reports


either by telephone, writing or in person, all pertinent information will be
obtained in an official and courteous manner and will be properly and
judiciously acted upon consistent with established departmental procedures.

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6. Department maintained lockers, desks, computers, and vehicles shall
be subject to supervisory inspection at any time by the Town Marshal or
Captain at any time unless the item for inspection is that of the Town Marshal
and in such case, the inspection shall be by a member of the Town Council
Police Committee.

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DEPARTMENT ORGANIZATION Rule #3

I. PURPOSE: Define Department Organization (Definitions)

II. POLICY

III. PROCEDURE:

A. Employment Classification.

1. Town Marshal - Shall be appointed by the Town Council as the Commanding


Officer in Charge of the Business of the Police Department and is accountable
initially to the Town Council Police Committee and ultimately to the Town
Council.

2. Captain - One Deputy Marshal shall be designated as Captain who


shall, in the absence of the Town Marshal, be commanding Officer in charge
and have the same powers and duties as the Town Marshal, except the power
to dismiss Officers.

3. Deputy Marshal - A Deputy Marshal Officer who has been employed by the
Town for more then six months after completing the basic training
requirements adopted by the Law Enforcement Training Board under Indiana
Code 5-2-1-9 shall be considered a Deputy Marshal.

4. Probationary Deputy Marshal - A Deputy Marshal who has not been


employed by the Town for more then six months after completing the basic
training requirements adopted by the Law Enforcement Training Board under
Indiana Code 5-2-1-9 shall be considered a Probationary Deputy Marshal for a
period of one year with a rank below that of Deputy Marshal.

5. Dispatcher – Dispatcher who has completed all required training and set forth
by the Town Council and Town Marshal in addition to Henry County 911
training and NIMIS Course training, is considered the District Supervisor. All
other dispatchers are under the Town Marshal’s and Shift Supervisor’s direct
control.

6. Reserve Officer- A voluntary Deputy Marshal who shall have the minimal
training to work for the Knightstown Police Department, BUT shall receive no
compensation.

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7. Volunteer – One who provides services to the department, at no charge, other
than a Reserve Officer.
B. Town Marshal.

1. Appointment and Compensation: The Town Council shall appoint the


Town Marshal and fix his compensation pursuant to Ordinance and Indiana
Code 36-5-7-2.

2. Statutory Powers: The Town Marshal has the power of other law enforcement
Officers in executing the orders of the Town Council and enforcing laws.
(Indiana Code 36-5-7-4).

3. Statutory Duties: The Town Marshal pursuant to Indiana Code 36-5-7-4:

a. Shall serve all process directed to him by the Town Council.

b. Shall arrest without process all persons who commit an offense


within his view, take them before a court having jurisdiction, and
detain them in custody until the cause of the arrest has been
investigated.

c. Shall suppress breaches of the peace.

d. May, if necessary, call the power of the Town Council to his aid.

e. May execute search warrants and arrest warrants.

f. May pursue and jail a person who commits an offense.

4. Powers and Duties Established by the Town Council: In executing his


statutory duties, the Town Marshal shall have the following powers and
Duties:

a. Be designated as “Town Marshal”.

b. Accountable to the Town Council: The Town Marshal shall follow all
lawful directives, policies, and orders of the Town Council and report
directly and be responsible initially to the Town Council Police
Committee and ultimately to the Town Council. The Town Marshal
shall be subject to and shall at all times enforce the ordinances of the
Town and the policies and procedures adopted by the Town Council,
as well as the laws of the State of Indiana and the United States. He

15
shall submit to the Town Council such reports and budgets as may be
requested by it from time to time.

c. Department Head: Administers the police functions of the Town


through the department members by his issuance of orders and
instruction to department members as are necessary for the proper
operation of the department and maintenance of the public order, and it
shall be the duty of all department members to strictly obey any such
orders or instructions.

d. Disciplinary Powers: The Town Marshal shall have the power to


discipline any department member at any time for violations of
departmental policies or procedures, Town ordinances or State or
Federal law, except that only the Town Council may terminate a
department member. Any such termination or dismissal, however,
shall be subject to the provisions of Indiana Code 36-8, if applicable.

e. Delegation of Duties: The Town Marshal may call upon members of


the department to assist in his duties and may delegate certain duties to
individual members.

f. Custodian: The Town Marshal shall keep and maintain records of all
vehicles, equipment, and the facilities of the department, all official
records of the police and dispatch departments including all criminal
records, criminal investigations or any other documents generated, and
shall maintain a duplicate personnel file with the original to be kept in
the office of the Town Clerk-Treasurer.

g. General Orders: The Town Marshal may issue and all department
members shall follow such special and general orders as are not
contrary to the policies of the Town Council. All general orders shall
be displayed in a prominent location within the Town Marshal’s
headquarters for all of Deputy Marshals/Dispatchers and members to
observe and read, and a copy shall be provided to all members of the
Town Council.

h. General Order: is a written order by the Town Marshal to the entire


department which establishes a policy or procedure concerning a given
subject, and which is effective until revoked by a subsequent order.

i. Order: An order is a written or electronically order issued by the Town


Marshal to the entire department which establishes a temporary policy
or procedure concerning a given subject for a stated period of time.

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When the effective period of the special order is not stated, it shall
become inoperative with the passing of the incident from which it
arises.

5. Compensation: Bond, Compensation, and Term of Services - The


Town Council shall fix the amount of bond required by state law,
compensation and terms of service, by ordinance, of the Town Marshal,
Captain and all department members.
C. Deputy Marshal.

1. With Town Council approval, the Town Marshal may appoint a Captain who
shall be second in command with duties as set forth herein.

2. Powers and Duties: Statutory Powers and Liabilities – Deputy Marshals have
the powers and liabilities of the Town Marshal in executing the orders of the
Town Council or enforcing laws. Indiana Code 35-5-7-6(a).

3. Compensation: Bond, Compensation, and Term of Services - The Town


Council shall fix the amount of bond required by state law, compensation and
terms of service, by ordinance, of the Town Marshal, Captain and all
department members.

4. Description of Duties: The duties of a Deputy Marshal include the following:

a. Knowledge of Laws and Regulations: He or she shall


thoroughly familiarize himself or herself with the Knightstown Town
Marshal’s Department Standard Operating Procedure Manual, all
departmental polices and procedures and all revisions thereof, as well
as all federal, state, and local laws and ordinances which are necessary
for effectuating the public peace and welfare, which shall be provided
to him or her by the Town Marshal. He or she shall sign a receipt for
his or her copy of the Knightstown Town Marshal’s Department
Standard Operating Procedure Manual and shall be responsible for its
contents. He or she shall return his/her copy upon termination of his
or her employment. Should any question arise as to the interpretation
of the Knightstown Town Marshal’s Department Standard Operating
Procedure Manual, or any Federal or State Law, department members
should consult with the Town Marshal, who may consult with the
Town Attorney if necessary. A copy of the Knightstown Town
Marshal’s Department Standard Operating Procedure Manual shall be
kept at all times at the department headquarters. Should questions
arise as to the interpretation of any ordinance or regulation of the
Town, department members, through the Town Marshal, shall consult

17
with the Town Attorney if necessary. All members of the department
shall abide by the opinion of such authorities.

b. Familiarity with Patrol: The member shall familiarize himself or


herself with assigned patrol areas by knowing the location of public
telephones, places of importance, and areas in frequent need of
services within the district and shall patrol the areas in and around the
Town as frequent as possible.

c. Patrol Duties: Deputy Marshals and Probationary Deputy Marshals


shall patrol and police the Town in their assigned patrols for the
purpose of preventing crime, protecting life and property,
apprehending law violators, investigating all automobile accidents as
required by statute, investigation of all potential criminal activity, and
investigating suspicious persons, in addition to any and all duties
assigned by the Town Marshal, Captain, or Town Council. Deputy
Marshals shall at no time patrol any district other than that assigned to
him/her unless otherwise ordered to do so. A Deputy Marshal shall
visit public places in his district especially where crowds gather, for
the purpose of enforcing all laws or ordinances.

d. Arrest Out of Uniform: Deputy Marshals not in uniform shall not


arrest traffic violators on sight except when the violation is especially
flagrant or involves an accident while under the influence of liquor or
narcotics and follow all state statutes pertaining thereto.

e. Radio Contact: Each member of the department assigned to motor


patrol shall make regular contact with the radio dispatcher, giving the
Officer’s unit number, car number, location and any other appropriate
or requested information. He or she shall answer all time checks while
on duty. During temporary absences from the patrol vehicle, he or she
shall notify the dispatcher of their location, and method of contact
(portable, cellular etc.). When stopping any vehicle or during
emergencies, the Officer shall notify the dispatcher of the Officer’s
location, make, model, color and license plate number of the vehicle in
question. The Officer will provide any other information which the
Officer believes pertinent to the dispatcher for Officer safety.

f. Civil Disturbances: Deputy Marshals shall not render assistance in a


civil case, except to prevent an immediate breach of the peace or to
quell a disturbance actually commenced; shall not serve civil process
(except process signed by the Judge in civil cases pending in a local
court), and shall not testify in civil cases unless legally summoned

18
(except when requested by the Town Attorney in cases involving the
Town).

g. Activities Outside Town While on Duty: All Deputy Marshals shall


patrol and engage in police activities outside' of the corporate limits of
the town in an effort to serve and protect the public and assist in all
emergencies involving other law enforcement agencies for Officer
safety or public safety. When a Deputy Marshal leaves the Town
Limits to assist other law enforcement agencies the Deputy Marshal
whether requested, or dispatched shall return to the Town Limits as
soon as possible, making sure that the dispatcher radio logs an Agency
Assist call for service.
h. Reports: Town Marshal, Captain, and all Deputy Marshals and
Reserves, regardless or rank or assignment, shall keep a daily log of
activities for the time they are on duty. In addition to said daily logs,
reports shall be made on all activity, investigations, complaints, and
arrests which occur during an Officer's shift. All reports/daily logs on
file can be periodically reviewed by the Town Council Members
and/or members of the Police Committee when deemed appropriate.

i. Duty Status: All members of the Knightstown Town Marshal’s


Department are held to be always on duty for purposes of being
subject to the Code of Conduct set forth above, although they may be
periodically relieved of their routine performance and considered off
duty but always on call and subject to the orders from superior
officers.

j. Schedule: The Town Marshal or Captain may prepare and post the
Officer weekly work schedule in a visible place in the department.
Each Officer is responsible for checking the schedule posted in its
designated area to determine when the Officer is schedule to be on
duty. If any changes are made to the schedule it is the responsibility of
Town Marshal or Captain to properly notify the Officers affected by
the change within a timely manner unless an emergency change has
been made then the Officer (s) will be notified as soon as possible.

k. Reporting for duty: Each Officer shall report for duty promptly unless
excused by the Town Marshal or Captain, or unless sickness, injury or
other circumstances beyond the Officer's control prevent prompt
reporting.

l. Address on Leave: All Officers out of Town or State, while on leave or


vacation shall inform the Town Marshal or Captain of his out of Town

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or State address and phone number (besides department issued cell
phone) prior to leaving Town.

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USE OF DEPARTMENTAL VEHICLES Rule #4

I. PURPOSE: To establish guidelines regarding the use and operation of departmental police
vehicles assigned to sworn members of the department.

II. POLICY: All members shall operate departmental vehicles with due regard for the
safety of all persons. Department vehicles may be assigned to members of the department in
order to meet the goals and objectives of the department. Vehicle assignment to a member is
at the discretion of the Town Marshal, unless directed otherwise by the Town Council.
Vehicles assigned as take home cars are authorized to operate under this policy and all
appropriate state laws. In all instances, an Officer shall reside (permanent or temporary
residence) within the physical boundaries of Henry County to be eligible to take a
commission home. The use and operation of all departmental vehicles shall be at the
discretion of the Town Marshal. Availability, mobility, and crime prevention are the main
objectives of the take home car program. This policy applies to the operation of all
Knightstown Town Marshal Department vehicles. Probationary Officers may be assigned a
commission but will not use it as a take home vehicle until completing his/her probationary
year.

III. PROCEDURE:

A. Definitions.

For the purposes of this policy and subsequent reports, the following shall
apply to distinguish the difference between motor vehicle crashes and damage to
police vehicles:

Motor vehicle crash: Any incident involving a departmental vehicle and other
object or person wherein either the departmental vehicle or other object or person
sustains unintentional damage or injury.

Accidental damage to police vehicles: Any incident occurring on


public/private property involving a departmental vehicle or other object or persons
wherein either the departmental vehicle or other object or persons sustain accidental
damage or injury.

Intentional damage to police vehicles: Any incident occurring on a public


thoroughfare or private property involving a departmental vehicle and other object or
person where the departmental vehicle sustains intentional damage.

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B. Vehicle operation.

1. All personnel operating departmental vehicles shall wear the safety belt
properly fastened.
2. Officers shall carry an approved handgun any time the vehicle is operated on
or off duty. All firearms shall be secured in a safe location when the vehicle is
not in operation or any time the vehicle is being repaired or serviced.

3. No Officer of the department shall allow, at any time, an unauthorized person


to operate a departmental vehicle or allow an unauthorized person to possess
the keys of a departmental vehicle.

4. Police Vehicle Passengers: Reserves and any Officer from another agency
including members of the Town Council may be passengers in a police
vehicle while on duty or official Town business. Family members, friends are
not authorized to be passengers. Persons in training and special Town Council
approved persons are allowed to be passengers. All passengers, other than
detainees, must execute an Assumption of Risk Form prior to being a
passenger. Forms will be maintained in the records of the Town Marshal.

Persons authorized to operate departmental vehicles:

a. Knightstown Police Department Sworn Member.

b. Knightstown Police Department Reserve Member.

c. Civilian employees of the department or anyone contracted to


service the vehicle.

5. All members of the department who operate a departmental vehicle


shall be deemed to have consented to such alcohol and controlled substance
testing as required by state law and these rules and regulations apply whether
on duty or off duty.

6. No member of the department shall operate or cause to be operated a


departmental vehicle, whether on duty or off duty, while under the influence
of an intoxicating beverage. There shall be a zero tolerance policy.

7. No member of the department shall operate or cause to be operated a


departmental vehicle, whether on duty or off duty, while under the influence
of controlled substances.

22
8. Members shall consider road, traffic, and weather conditions at all times while
operating a departmental vehicle.

9. Officers, whether on duty or off duty, shall exercise good judgment and use
caution, regardless of the nature of the run, for the protection of life and
property.

10. Radio Contact: Each Officer of the Department assigned to motor patrol shall
make regular contact with the radio dispatcher, giving the Officer’s unit
number, car number, location and any other appropriate or requested
information. He or she shall answer all time checks while on duty. During
temporary absences from the patrol vehicle, he or she shall notify the
dispatcher of their location, and method of contact (portable, cellular etc.).
When stopping any vehicle or during emergencies, the Officer shall notify the
dispatcher of the Officers location, make, model, color and license plate
number of the vehicle in question. The Officer will provide any other
information which the Officer believes pertinent to the dispatcher for Officer
safety.

11. The cleanliness of department vehicles reflects upon professionalism of the


individual Officer and the department, therefore, dirty vehicles will not be
acceptable. Officers shall keep their assigned vehicle clean (weather
permitting) and are subject to an inspection by their supervisor. Departmental
vehicles may be swept out on duty time when approved by the supervisor.

12. Officers shall stop and render aid to any person that may need assistance. The
following are examples but the policy is not limited to:

a. Disabled vehicles.

b. Person walking along roadway.

c. Vehicle crashes.

d. Vehicle lock-outs if an emergency.

e. Lawful traffic stops.

13. Fuel may be obtained by issued departmental credit card. Credit cards are
assigned to a specific vehicle. Officers shall use only that card for that
commission. Officers shall use their individually assigned PIN number when
using another commission and card for that commission. Fuel usage will be
monitored and any excess or misuse of fuel as deemed by the Town Marshal

23
or Captain could result in a restricted use of the departmental vehicle.

14. Members routinely exiting and leaving their vehicle unattended shall
lock all doors.

15. Members shall be responsible for the conduct and appearance of all
authorized.

16. An Officer may exercise De Minimis use of their department vehicle for
reasonable and limited personal transportation other than set forth below for
take-home vehicles. De Minimis means so insignificant that it does not give
rise to a level of sufficient importance to be dealt with judicially.

17. At the discretion of the Town Marshal and the convenience of the
department, an Officer may be given permission to drive an assigned
commission to and from part-time employment within the town limits of
Knightstown. Department vehicles shall not be used in the performance of
part-time employment activities anytime or anyplace. Any additional
clarification requested, or a requested variance to this provision shall be in
writing to the Town Marshal and shall be responded to in writing by the same
in a timely manner.

18. Activities Outside Town While on Duty: Officers shall patrol and engage in
police activities outside the Town limits to (a) serve and protect the general
public pursuant to applicable statutes and/or General Orders, and (b) when
needed in emergency situations, to assist other law enforcement
agencies/officers to protect the public and/or ensure the safety of other
officers.

Any officer responding to an agency assist call shall return to Town as


soon as practical and notify the dispatcher of his/her return to normal duty. In
agency assist situations, officers shall, at all times, conduct themselves in a
manner consistent with the dictates of common sense.

C. Use of clearly marked take-home vehicle.

1. A clearly marked police vehicle is defined as: A vehicle owned or leased by


the Town of Knightstown government, or agency thereof, being clearly
marked through words or insignia making it readily apparent that the vehicle
is a police vehicle (special license plates or emergency lights only are not
enough).

2. An Officer when driving a clearly marked police vehicle as defined above

24
shall:

a. Be armed at all times with an approved handgun.

b. Be on call and available to respond to emergency situations at all times


when requested by a dispatcher or by the on duty supervisor.

c. Be on call and available to render aid to anyone that


may request his/her assistance whether on duty or off duty.
d. Must have the two-way radio on at all times and be able to hear all
transmissions.

3. Departmental vehicles shall only be operated within Henry County,


Indiana and counties adjoining Henry County with the following exceptions:

a. While on official police business.

b. While attending pre-approved schools.

c. Scheduled maintenance or repair work.

d. With prior written approval of the Town Marshal or


Captain.

D. Use of unmarked take-home vehicle.

1. An unmarked law enforcement vehicle is defined as: A vehicle owned or


leased by the Town of Knightstown, not being clearly marked by words or
insignia.

2. An Officer when driving an unmarked police vehicle as defined above shall:

a. Be armed at all times with an approved handgun (except when it is not


possible to do so because of the requirements of undercover work).

b. Be on call and able to respond to emergency situations at all times


when requested by dispatch or the on duty supervisor.

c. Must have the two-way radio on at all times and be able to hear all
transmissions (except when it is not possible to do so because of the
requirements of undercover work).

3. Departmental vehicles shall only be operated within Henry County, Indiana

25
and counties adjoining Henry County with the following exceptions:

a. While on official police business.

b. While attending pre-approved schools.

c. Scheduled maintenance or repair work.

d. With prior written approval of the Town Marshal or Captain.

E. Care of Departmental Vehicle.

1. Maintenance.

a. Officers shall not operate any vehicle that they believe to be


unsafe or with equipment severely in need of repair.

b. Maintenance and repair items shall be immediately reported to the


Town Marshal or Captain. The Town Marshal or Captain may take a
car out of service if deemed necessary.

c. Officers shall inspect their vehicles before operation to ensure the


vehicle is safe for duty. Inspections can include, but are not limited to,
the tires, brakes, lights, emergency equipment, and in-car video
system. Equipment which is missing, broken, or damaged, shall
immediately be reported to the on duty shift commander who shall
cause repairs to be made or take it out of service until arrangements
can be made with administration.

d. If a departmental vehicle breaks down, the vehicle shall


only be towed by an approved towing service. The on duty shift
commander may make exceptions to this policy based on special
circumstances or need.

e. Damaged vehicles shall be taken to the appropriate


body shop(s) for an estimate of damage as soon as possible at the
direction of the Town Marshal.

f. Damaged vehicles (not operable) shall be towed to a


location designated by the Town Marshal or Captain. Firearms and
other equipment shall be removed and secured at the department.

g. The Town Marshal shall approve all vehicle equipment

26
and accessories and the Town Marshal shall approve any equipment
installation or modification of the commission.

F. Reporting vehicle crashes or damage.

1. In the event of a property damage crash involving a departmental


vehicle, the Officer, no matter how minor the damage, shall notify the police
agency having jurisdiction of the crash location. A crash report shall be made
and pictures taken of the crash. The Town Marshal, on duty Shift
Commander, and the Knightstown Town Marshal’s Department dispatcher
should be notified as soon as practical.
2. In the event of a personal injury or fatal crash involving a departmental
vehicle, the Officer, no matter how minor the damage, shall notify the police
agency having jurisdiction over the crash location. A crash report shall be
made and pictures taken of the crash. The Town Marshal, the on duty Shift
Commander, the department Crash Investigator, and the department
dispatcher should be notified.

3. In the event of intentional damage or vandalism involving a departmental


vehicle, the Officer, no matter how minor the damage, shall notify the police
agency having jurisdiction over the damage location. An incident/case report
shall be made and pictures taken of the damage. The Town Marshal, the on
duty Shift Commander, and the department dispatcher should be notified as
soon as practical.

4. Motor vehicle accidents involving any vehicle(s) owned or leased by


the Town shall be treated as any other motor vehicle accident within the
Department’s jurisdiction relative to dispatching appropriate units/personnel
to the accident scene.

G. Effect of Leave on Departmental Vehicles.

1. Officers assigned a departmental take home vehicle and who are on limited
duty, in an inactive duty status due to medical leave, injured on duty leave, or
disciplinary leave, may be required to park and secure their vehicle at the
department at the Town Marshal’s discretion.

2. Officers assigned a departmental vehicle, who tender their resignation or are


terminated from employment with the department, shall be required to park
the vehicle at the department upon completion of the Officer’s last active duty
day, or as otherwise directed by the Town Marshal.

27
H. “Pool” Car Use.

1. Officers who use “Pool” or shared vehicles are responsible for the following
prior to the end of their tour of duty.

a. Vehicle shall be filled with gas.

b. Officers shall clean all ashtrays, remove all litter and trash, and make
sure the vehicle is clean and ready for the next Officer.

c. Officers shall search the vehicle for possible contraband or illegal


items that may have been missed when transporting. Officer locating
such items shall handle such an incident by immediately notifying The
Town Marshal.
d. Officers shall replace all consumed supplies (i.e. flares, first
aid, fire extinguisher, oil or other fluids, and other items) that, if not
replaced, would hamper the next Officer coming on duty.

e. Exterior cleaning (if car wash is needed).

f. Weapons and other equipment maintained and secured.

g. Personal items should be removed after the end of duty shift.

h. Officers shall sign out and sign in the keys.

I. Pursuit Driving.

1. Purpose. The purpose of this provision is to establish department policy


regarding police pursuit driving by members of this department and to provide
tactics and considerations when members are involved in a pursuit.

2. “Pursuit” means an attempt by an on duty Officer in an authorized


emergency vehicle to apprehend one or more occupants of another moving
vehicle when the driver of the fleeing vehicle is attempting to avoid
apprehension by maintaining or increasing his speed or by ignoring the police
Officer's attempt to stop the vehicle. "Pursuit" also includes the catching up to
or closing of the distance between a police vehicle and a law violator who is
not yet aware of the police action.

3. General Policy.

a. Pursuits at high speeds are permitted when an Officer knows or has

28
reasonable grounds to believe the person being pursued has committed
or attempted to commit a serious felony. A serious felony is one that
involves an actual or threatened attack which the Officer has
reasonable cause to believe could result in death or serious bodily
injury. The decision to initiate a pursuit must be based on the pursuing
Officer’s conclusion that the immediate danger to the public created by
a pursuit is less than the immediate or potential danger to the public
should the suspect remain at large.
(1) Felony or misdemeanor that would normally require a full
custody arrest.

(2) Suspect operating a vehicle refuses to stop at the direction of


the Officer.
(3) The suspect, allowed to flee, would
present a danger to human life or cause serious injury.

b. Pursuits are also permitted to apprehend the operator of a motor


vehicle which is involved in a traffic violation or other misdemeanors
or felonies that do not involve an actual or threatened attack which
may result in death or serious bodily injury.

c. No Officer at any time, shall operate a mobile police unit at such a rate
of speed or manner that may cause him/her to lose control over the
operation and/or direction of the vehicle. Even though an Officer is
legally engaged in a pursuit, he/she is not relieved of his/her duty to
drive with “due regard” for the safety of all persons, nor is he/she
protected from the consequences of any reckless disregard for the
safety of others. He/She must exercise that degree of care which a
reasonably prudent person in the discharge of similar duties and under
like circumstances would use. It is understood that the Officer's ability
to supervise or control other motorists by the nature of existing
circumstances is limited, but it is clearly his/her duty to avoid
contributing to the danger already created by the violating motorist.

d. Only when responding to an emergency situation or when properly


operating a department vehicle under pursuit conditions, may a Deputy
Marshal disregard an automatic traffic control signal or stop sign. In
both instances, the Deputy Marshal must approach the intersection
with caution and be prepared to stop. The Deputy Marshal may
proceed only when it is safe by clearing the intersection lane by lane.

e. Department vehicles approaching an automatic control signal


or intersecting street controlled by a stop sign must be prepared to take

29
evasive and break if necessary. The operator must proceed with
caution and only when it is safe to do so.

4. Considerations.

a. The paramount consideration in the nature of police pursuit tactics that


are employed as well as the decision to pursue is “reasonableness”.
Each pursuit will ultimately be judged and possibly litigated on the
basis of the department's and the Officer's actions being not only
within its legal authority but with regard to its “reasonableness” in
light of:

(1) The seriousness of the offense for which the suspect was
wanted initially.

(2) The Officer's judgment with regard to the consideration


contained herein and his decision to continue the pursuit.

(3) The tactics which were employed by the Officer in the course
of the pursuit.

(4) The outcome. Ultimately high speed pursuits which result in


the serious injury or death, especially to an otherwise innocent
third party, will be closely examined at a number of levels
within our system of justice, and the question of our
responsibility for the protection of life and property raised in
relation to the outcome of the pursuit.

b. Each Officer must overcome any perception or action predicated on a


level of "personal challenge" and rationally and analytically evaluate
the situation, as it develops, to provide that the risks and possible
outcome is reasonable in relation to the seriousness of the offense for
which the suspect is wanted.

c. The initiation and continuation of a high-speed pursuit shall involve


consideration of the following factors. It shall be recognized that such
pursuits represent a f1uid, tactical situation during which conditions
are rapidly changing and the decision to continue the pursuit, once
initiated, shall involve an ongoing rational evaluation of the following:

(1) Vehicular and pedestrian traffic.

30
(2) Location of pursuit, i.e., residential, business, highway,
freeway.

(3) Time of day or night.

(4) Weather and road conditions.

(5) Reasons for pursuits.

(6) Speeds involved.

(7) Vehicle and driver capability.

d. An Officer operating a department vehicle under emergency


conditions will cease emergency operation once notification is made
that sufficient assistance is on the way.
e. Subject to Officer discretion, a silent run constitutes the operation of a
department vehicle utilizing emergency lights but no audible signal
(siren). A silent run is authorized for the following:
(1) Robberies in progress, burglaries in progress,
situations where the Officer determines through his training,
experience and judgment that a silent run is required. When on
a silent run the Officer must use due regard.

5. Procedure.

a. Primary Unit Responsibility.

(1) The primary unit shall immediately notify the dispatcher that a
pursuit is underway.

(2) The primary unit shall assume responsibility for the pursuit and
shall update information as to pursuit factors and changes
therein until a back-up unit becomes involved.

(3) Until a back-up unit becomes involved, the primary unit shall
have radio channel priority and shall provide the dispatcher
with the unit identification, location, speed, and direction of
travel of the fleeing vehicle as well as a description of the
vehicle and the license plate number if known. Until a back-up
unit becomes involved, the primary unit shall also advise the
dispatcher of the number of occupants of the fleeing vehicle

31
and their descriptions where possible as well as the reason(s)
supporting the primary unit’s decision to pursue.

(4) The primary unit shall constantly evaluate pursuit factors,


changes therein and risks and communicate the same by radio
to the dispatcher.

(5) The primary unit's decision to discontinue the pursuit shall be


immediately communicated and obeyed by all other units;
provided however, that the shift commander or ranking public
safety supervisor may order the pursuit discontinued at any
time.

b. Back-up unit responsibility.

(1) The back-up unit shall maintain a safe distance behind the
primary unit, taking care to maintain a safe distance for evasive
action but maintaining visual contact.

(2) The back-up unit shall not pass the primary unit unless
instructed to pass and assume the primary unit role by the
primary unit.
(3) In the event that the primary unit experiences mechanical
problems or is otherwise unable to continue, the back-up unit
shall become the primary unit and another nearby unit shall be
assigned to assume back-up responsibilities.

(4) The back-up unit shall immediately comply with an order to


discontinue the pursuit.

(5) Once the back-up unit is engaged, it shall assume


responsibility for the pursuit and shall update information as to
pursuit factors and changes therein.

(6) Once the back-up unit is engaged, the back-up unit shall
have radio channel priority and shall provide the dispatcher
with the unit identification, location, speed, and direction of
travel of the fleeing vehicle, as well as a description of the
vehicle and the license plate number, if known. Once the back-
up unit is engaged, it should also advise the dispatcher of the
number of occupants of the fleeing vehicle and their
descriptions where possible, as well as the reason(s) supporting
the primary unit’s decision to pursue.

32
c. Dispatcher Responsibility.

(1) Designate or acknowledge the primary unit.

(2) Receive and record all incoming information on the pursuit and
pursuit vehicle.

(3) Identify, assign and designate a back-up unit.

(4) Broadcast to all other stations and vehicles sharing the radio
frequency that we have a "PURSUIT IN PROGRESS" and
request that the channel be kept clear for emergency traffic
only. Control and coordinate any changes of frequency and all
radio traffic.

(5) Alert other law enforcement departments in the apparent path


of the pursuit and coordinate communications.

(6) Immediately notify the Town Marshal and/or the Captain of the
pursuit and of such information as is available.

(7) Obtain registration and warranty information of the pursued


vehicle in addition to criminal record and vehicle checks of the
suspect(s) and transmit said information to the field units
including the primary unit and any and all back up units.

(8) Relay and repeat confirmation of compliance from each unit


involved, and order to discontinue the pursuit.

d. Supervisor’s Responsibility.

(1) The Town Marshal or Captain shall thoughtfully monitor the


pursuit, evaluating the risks in view of all known factors.

(2) The Town Marshal or Captain shall order termination of the


pursuit if/when the Town Marshal’s or Captain’s judgment
dictates that the necessity for apprehension is outweighed by
the level of risk being assumed or danger created by
continuation of the pursuit.

e. Discontinuance of Pursuit.

33
(1) It shall be recognized that discontinuance of a vehicular pursuit
may represent, in fact, the best judgment and most professional
course of action and does not signify a lack of courage or
perseverance.

(2) Deputy Marshals shall discontinue a pursuit for the following


reasons:

(a) Whenever they reasonably believe that the risk to


themselves and others outweighs the benefit of
apprehension or when ordered to discontinue the
pursuit by a superior.

(b) Whether traffic conditions substantially increase the


danger of pursuit beyond the worth of apprehending the
suspect(s).

(c) The distance between the pursuit and fleeing vehicles is


so great that further pursuit is futile.

(d) When the offender's identity is known and the offense


is not life threatening.

(e) When information is available that the driver of the


fleeing vehicle is a juvenile and the offense constitutes
a misdemeanor or not a serious felony as
described in Section 3(a).

(f) Pursuit of vehicles that leave the roadway and enter


parks, fields, etc. shall be discontinued immediately.
Vehicles included are: motorcycles, snowmobiles,
ATV, dune buggies and all other off-road vehicles.
Department four-wheel drive vehicles are included in
this prohibition.

(g) Vehicles conveying witnesses, citizens, prisoners, or


suspects shall not become engaged in any pursuit
situation.
6. Tactics.

It is the policy of this department to protect life and property


and engage in all activity, including high speed pursuit, with that fundamental
duty in mind.

34
a. The tactics of intentional collisions, forcing vehicles off the roadway,
or blocking of the roadway with any vehicle, barrier, or object shall
not be utilized except in the following limited circumstances:

(1) The fleeing suspect(s) is endangering the life of a


citizen or pursuing Officer by use of a firearm or other lethal
force.

(2) Direct approval for this exception must be authorized by the


Town Marshal or Captain.

(3) In the event that a “roadblock” is implemented.

(a) Vehicles will be positioned with due concern to the


safety of innocent persons.

(b) Overhead lights shall be on.

(c) Vehicle(s) shall not be occupied by Officers.

(d) Caravanning of department vehicles in a pursuit


situation is prohibited. Units not designated as primary
or back-up units shall remain in assigned areas unless
otherwise directed.

(e) As a general policy, Officers should not pull alongside


of or attempt to overtake or pass a fleeing suspect.

(f) There shall be no paralleling of the pursuit route.


(g) Pursued vehicle must have an exit in a road block.

7. Pursuit Initiated by Outside Agency.

When a pursuit initiated by an outside police agency enters our


jurisdiction, the initiating unit and jurisdiction remain responsible for the
progress and conduct of the pursuit. Personnel and vehicles shall become
actively involved in any such pursuit only when requested to assist by the
initiating agency. This S.O.P. shall govern the conduct of this agency's
personnel and actions once committed.

ONCE THE PURSUED VEHICLE LEAVES THE JURISDICTION


OF THE KNIGHTSTOWN TOWN MARSHAL’S DEPARTMENT, ALL

35
DEPARTMENT UNITS WILL ABANDON THE CHASE, UNLESS THEY
HAVE ASSUMED THE PRIMARY UNIT OR BACK-UP UNIT
RESPONSIBILITY.

8. Officers Assigned to Other Agencies.

Officers of this department assigned to other law enforcement agencies


will be guided by this policy.

a. All Officers involved in vehicular pursuits may be held criminally,


civilly and departmentally accountable for continuing a pursuit when
circumstances indicate that it should have been discontinued. Officers
will neither be criticized nor disciplined when their decision is to
terminate rather than continue a pursuit.

9. Application.

a. This order constitutes department policy and is not intended to enlarge


the member's civil or criminal liability in any way. It shall not be
construed as the creation of a higher legal standard of safety or care in
an evidentiary sense with respect to third party claims insofar as the
member's legal duty is imposed by law.

b. Pursuits originating in our jurisdiction by an Officer of this


department shall be terminated when the pursuit continues beyond our
jurisdiction, except in those cases where the crime is a serious felony.

J. Disciplinary Action.

1. Any Officer assigned a departmental vehicle that abuses any of the above
procedures will be disciplined for the abuse. Each incident will be reviewed
separately and the discipline will be based upon the severity of the abuse.
Continued abuse could result in the loss of use of a take-home vehicle. The
Town Marshal will determine the severity of the abuse and decide what
discipline should be given based upon the facts of the incident.

K. Reporting for duty: Each Officer shall report for duty promptly with his/her
department vehicle ready for operation unless excused by the Town Marshal or
Captain, or unless sickness, injury or other circumstances beyond the Officer's control
prevent prompt reporting.

L. Seat Belt Policy: This seat belt policy is established in accordance with Indiana Code
9-8-14 to set an example as law enforcement personnel. To assure the safety of all

36
persons, seat belts shall be worn by drivers and passengers in all vehicles owned,
leased or rented by the department at all times. This also applies to the operation of
privately owned or other vehicles if used for any Town purpose.

1. Procedure.

a. In addition to the procedure set forth above, the Town Marshal


and/or the Captain will be responsible for monitoring all Deputy
Marshals on their shifts to ensure that this seat belt policy is strictly
followed.

b. The driver of the vehicle is responsible for ensuring compliance with


this policy by all occupants of the vehicle while the vehicle is being
operated.

c. Approved child safety restraints shall be used for children of all age,
size or weight for which restraints are prescribed by law when
occupying a vehicle covered by this policy.

d. No person shall operate a department vehicle in which any seat belt for
the driver or any passenger is inoperable and no person shall be
transported in the seated position within a vehicle covered by this
policy in which the seat belt is inoperable.

e. No person shall modify, move, deactivate or otherwise tamper with


vehicle seat belts except for vehicle maintenance and repair and not
without the express authorization of the Town Marshal.

f. Any member of the department who discovers an inoperable restraint


system shall report the defect to the Town Marshal or Captain. Prompt
action will be taken to replace or repair the system.

g. Any person(s) under arrest and being transported in department


vehicles are required to be secured in the vehicle by a seat belt in all
seating positions for which seat belts are provided by the vehicle
manufacturer. Caution, prisoners that are handcuffed in front have the
ability to release the handcuffs using the safety restraints latch plate.

h. An Officer operating in an undercover capacity may be exempt only if


the Officer believes the use of the safety belt will compromise his/her
identity.

i. When arriving at an emergency call or making a vehicle traffic stop,

37
the Officer may remove the seat restraint just prior to stopping for
quick exit. Caution should be exercised to insure that the during the
traffic stop the violator is in fact going to stop.

38
DISPATCHER Rule # 5

I. PURPOSE: To establish guidelines for the dress and actions of Dispatcher

II. PROCEDURE:

A. Dispatcher:

1. A dispatcher is a “Town employee” working as a member of the Knightstown


Town Marshal’s Department. He or she is subjected to the same procedures
as Town employees.

a. Appointment: The dispatcher shall be held responsible to the


dispatch Supervisor, Town Marshal and the Town Council.

b. Duties: A dispatcher’s duties shall include the prompt, accurate and


courteous handling of messages and/or all radio traffic in a
professional manner so as to be of utmost assistance to any law
enforcement Officer, fireman, EMT, citizen or other personnel of any
requesting agency. All long distance telephone calls are to properly
logged in. A dispatcher must know the capabilities and limitations of
the communications systems that he/she is authorized to operate and
with the applicable rules and regulations of the Federal
Communication Commission. The dispatcher shall, when asked from
time to time by the Town Marshal or Captain, provide clerical
assistance to members of the department. The dispatcher shall
perform other duties as asked by members of the Knightstown Town
Marshal’s Department. The dispatcher shall have additional duties as
delineated in the Standard Operating Procedures Rule #4 regarding
pursuit driving.

c. Dispatch Procedure for NO Contact: If an Officer does not report back


to the dispatcher within three minutes following the initial stop report,
the dispatcher shall contact the Officer to determine the Officer's
status. If no contact is made the dispatcher will radio other surrounding
Law Enforcement Agencies with the nature of the incident, location,
make, model, color and license plate information of the vehicle in
question for Officer safety and assistance.

d. Discipline: Dispatchers are subject to the disciplinary procedures as


contained herein and those contained within the Knightstown
Personnel Policy. If any provisions of said policies conflict, the

39
Knightstown Personnel Policy shall control.

40
INTERNAL STANDARD OPERATING Rule #6

I. PURPOSE: To establish guidelines for internal operating procedure regarding hiring,


training, promotion, demotion and related activities.

II. POLICY:

A. Personnel Hiring.

1. Equal Employment Opportunity: It shall be the policy of the department to


comply with all State and Federal Laws in providing equal opportunity in all
phases of employment practices without regard to race, religion, color,
national origin, age, or sex. Further, the department will not discriminate
against any individual because of physical or mental disability in regard to any
position for which the individual is otherwise qualified. In addition, please
refer to the Town Personnel Policy.

2. Minimum Qualification: Minimum qualifications for appointment to


the department shall include, without limitation, the following:

a. U.S. Citizen.

b. No felony conviction in any court without the same having been


reversed by a court of appeals.

c. Authenticated birth certificate accompanying application.

d. High school graduation or GED equivalent.

e. Good moral character.

f. Provision of all information requested on application obtained from


the Knightstown Town Marshal’s department.

g. Not have been convicted of the offense of domestic battery.

3. Residency: The following residency requirements shall pertain to all members


of the department regardless of appointment, unless otherwise approved by
the Town Marshal and the Town Council.

a. Each member of the department shall reside within a 10 mile radius


from the Town boundaries. (Full time employees only) unless

41
otherwise approved by the Town Marshal and the Town Council.

b. Each member shall have a private line telephone service in his or her
place of residence unless provided with a department cellular
communication device.

c. Any member of the department, who does not meet the residency
requirements when hired, must meet such requirements as quickly as
possible. Any member not meeting these requirements within six (6)
months from his/her date of hire shall be required to show just cause in
writing, for such non-compliance and shall obtain from the Town
Marshal and Town Council written authorization, subject to any terms
and conditions deemed reasonable by the Town Council, to continue to
reside outside the aforementioned radius or shall be subject to
dismissal from employment.

d. All members of the department shall report in writing to the Town


Marshal or Captain any change of address or telephone number within
twenty four (24) hours of said change. Failure to do so shall constitute
neglect of duty.

4. Application Process: Current employees of the department and/or the Town


only need to submit a letter of intent. Internal promotions do not require an
interview process.

a. Submission of application: an applicant shall be interviewed


only after he or she has submitted a completed application form
obtained from the Knightstown Town Marshal’s Department. The
application form shall be screened by the Town Marshal and the Town
Council Police Committee. All applications shall include but not be
limited to the following:

(1) Past work history and experience.

(2) Education.

(3) Physical ability to perform the tasks required.

(4) Special qualifications and or license required.

(5) Any convictions of any felonies or any conviction for domestic


battery regardless of when said convictions occurred.

42
b. If the information from the application form indicates that the
applicant cannot be considered further for employment, the applicant
shall be promptly notified. If the information from the application
form indicates that the applicant can be considered further for
employment, the applicant shall be notified for an interview
appointment.

c. Interview Criteria:

(1) All applications received from applicants who are not current
employees of the department or the Town shall be opened and
reviewed by the Town Marshal and the Town Council Police
Committee.

(2) All applicants must pass a written test certified by IPMA, at


least Scoring the minimal 70%.

(3) Passing applicants then must take and pass the ILEA
agility test but only after fully executing the department’s
Assumption of Risk Form which shall thereafter be maintained
in the files of the Town Marshal and the applicant.

(4) Vertical Jump = minimum 13.5 inches, Sit-ups = 24 minimum


in 1 minute.

(5) 300 meter run = minimum of 82 seconds, Push-ups =


minimum of 21 non stop in 1 minute.

(6) 1.5 mile run = maximum time is 18


minutes 56 seconds.

d. References: All applicants must supply at least three (3) references.

These references may not be relatives of the applicant.


References shall be consulted before a person in employed by the
department. Former employers of the applicant may also be contacted
by the department for recommendations and comments. If, from the
information secured from either the references or former employers, it
is apparent that an applicant should not be considered further for
employment, the applicant shall be so notified, but neither the specific
reason(s) for disqualification nor the identity of the source of any
information shall be disclosed to the applicant.

43
e. Security and record check: If the information obtained from the
applicant's personal interview and references indicates that an
applicant is qualified for employment, a security and record check
shall be made through the N.C.I.C. system to determine if an applicant
is clear and eligible.

f. Offer of Employment: The Town Marshal and Town Council Police


Committee may make recommendation for hiring only after the 2nd
interview has been conducted. The Town Council will consider the
recommendations and determine if an offer of employment shall be
made as well as the terms of such offer. The decision of the Town
Council is final. The Town Council's decision shall be given to the
successful applicant in writing.

g. Acceptance of Employment: The applicant must accept the offer of


probationary employment in writing within five (5) days of receiving
such offer, including signing a training reimbursement contract if
requested to do so.

h. Retention of Applications: Applications and all other records of


qualified applicants not offered immediate employment shall be
retained by the Town Clerk-Treasurer and the Town Marshal in
separate but mirror active applicant files for a period of twelve (12)
months. After such holding period, a new application form must be
submitted by the applicant to remain eligible for consideration of
employment.

B. Probationary Employees: Probationary employees shall include probationary Town


Marshals as defined above and are subject to all provisions of the Knightstown Town
Marshal’s Department Standard Operating Procedure Manual.

1. All probationary employees shall receive a written performance review before


the end of their respective probationary period and shall be provided a copy of
the same.

2. Insurance: Refer to Town Personnel Policy.

3. Paid Work Leave: Refer to Town Personnel Policy.

4. PTO: Refer to Town Personnel Policy.

C. Mandatory Training: An Officer is expected to attend any school or training session


organized or provided for the department or to attend any school training session to

44
which he or she is assigned. The Officer shall be reimbursed for expenses approved
by the Town Marshal and Town Council incurred in any school or training session.
All Officers must start and successfully complete the mandatory training at the
Indiana Law Enforcement Academy (if necessary) within their first year of their
employment or be terminated.

D. Compensation/Leave: The Town Council shall adopt annually, by way of a salary


ordinance, all forms of compensation for the Town Marshal, Captain, Deputy
Marshals, Reserves and Dispatchers. Any and all adjustments to such salaries, wages
and holidays shall be at the discretion of the Town Council. It is the intention of the
Town Council to establish wages and salaries that are both fair and equitable in
relation to the general job market and the revenues available.

1. Pay Periods: Per Town Personnel Policy.

2. Payroll Deductions: Per Town Personnel Policy.

3. Court Time. An Officer of the department may be required to spend time in


court as a law enforcement Officer. Such court time shall be subject to the
operating schedule of the courts and may include times outside of the Officer's
regular duty shift. A Deputy Marshal shall receive compensatory time as
determined by the Town Council for time spent in Court outside of the Deputy
Marshal’s regular duty shift upon appropriate documentation including but not
limited to a log of all time spent in Court outside his/her regular work shift.

4. Paid Time Off – Per Town Personnel Policy.

5. Bereavement Leave - Per Town Personnel Policy.

6. Jury Leave. Any full-time member shall receive leave to serve on a jury in any
state, federal, or local court and shall be paid the difference between the
member's regular pay and whatever is received for jury duty.

7. Holiday Leave – see Town personnel policy.

8. Training Leave. Training leave, as authorized by the Town Marshal and


approved by the Town Council is granted for the purpose of continuing an
employee's education or for improving his/her performance on the job.

a. Criteria for Approved Training. Any request for approval of training


leave must meet the following criteria and the unlimited discretion of
the Town Marshal and/or Town Council:

45
(1) Be directly related to the member's position with the
department.

(2) Be a form of training necessary for satisfactory job


performance.

(3) Be required for certification for licensing for a particular


position or duty.

(4) Be training from which the department will benefit.


b. Compensation During Training Leave.

If training, and the cost associated therewith, is approved by


the Town Marshal and Town Council, the member shall receive
his/her regular compensation for the time and attendance at said
approved training. Subject to approval by the Town Marshal and
Town Council, authorization to use Town owned vehicles for
transportation to and from such training may be approved. Any and all
other expenses incurred by the member during the training session
may be submitted for payment pursuant to the Town’s claim voucher
procedure and is subject to approval or disapproval by the Town
Council in their sole unlimited discretion.

E. Change in Employment Status.

1. Lateral Transfers. A lateral transfer occurs when a Deputy


Marshal/Dispatcher, is moved out of one position and placed into another
position in the department having the same minimum/maximum range or rate
of pay.

a. Grounds. The Town Council reserves the sole unlimited


discretion to grant or deny a lateral transfer for any member for the
benefit or convenience of the department or for the convenience or
benefit of the member, or both.

b. Authority to transfer. The Town Marshal shall have the authority to


transfer any member, subject to the review and final determination of
the Town Council.

2. Promotions. A promotion occurs when a member is moved out of the


one position and placed into another position having either more authority or
responsibility, or a higher maximum rate of pay. or both.

46
a. Grounds. The Town Council reserves the sole unlimited discretion to
promote any employee when such a promotion is considered to be in
the best interests of the Department.

b. Authority to Promote. The Town Marshal shall have the authority to


recommend the promotion of any member to the Town Council which
may approve or disapprove said recommendation. If approved, it shall
only be approved upon a motion made, seconded, and duly passed by
the Town Council.

c. Trial Promotion Period. Any Deputy Marshal/Dispatcher or other


department member, upon promotion to a higher rank shall serve in
said rank for a temporary trial period not to exceed six (6) calendar
months. During said temporary trial period the individual may be
returned to his/her former rank at any time for any reason. After
having completed six (6) calendar months, at the new rank, the new
rank shall be deemed to be the member’s permanent new rank subject
to suspension, demotion, or termination pursuant to and in compliance
with Indiana Code 36-8-3 and Standard Operating Procedure Rule # 7.

3. Demotions. A demotion occurs when a member is moved out of one position


to another position having a lower maximum rate of pay. A member who is
demoted may or may not suffer an actual pay reduction. For further
clarification, see Standard Operating Procedure Rule #7.

F. Resignation or Retirement.

1. Acceptance by Department. The Town Marshal shall have the authority to


receive but not accept or approve the resignation or retirement of any member.
Final acceptance of an employee’s resignation or retirement shall be by the
Town Council only.

2. Notice. As a matter of courtesy, an employee should submit his/her notice of


resignation or retirement with as much advance notice as possible to allow
sufficient time for the Department to recruit a replacement if necessary.

G. References.

A prospective employer who contacts the Town Clerk-Treasurer, Town


Council, or Town Marshal as to prospective employment of a paid member shall be
supplied with the member’s date of hire, certifications achieved or received during
employment, and date of last employment with no other reference or comment to be
made.

47
DISCIPLINARY ACTION RULE #7

I. PURPOSE: To establish guidelines for disciplinary action.

II. POLICY: All Knightstown members of the Knightstown Town Marshal’s Department
shall conduct themselves responsibly, to work efficiently and to follow all rules, regulations,
policies and procedures of the department. If any member fails to conduct him/herself
properly, they may be subject to disciplinary action.

III. PROCEDURE:

A. List Of Basic Work Rules.

1. This list is to explain the basic work rules of the Knightstown Town Marshal’s
Department. It is not intended to take the place of or prevent discipline being
used for other types of member misconduct.

2. Members who disagree with a disciplinary action can voice his/her complaint
formally through channels to the Town Marshal.

B. Minor, Serious & Severe Offenses Examples.

1. Minor Offenses Include:

a. Tardiness.

b. Verbal abuse of fellow members: includes derogatory or prejudicial


statements and profane language. For very serious instances, see
“General Misconduct”.

c. Unauthorized distribution of department materials, reports, etc.

d. Poor performance: Carelessness in the performance of assigned


duties. If the member consistently fails to meet reasonable
performance standards, the supervisor shall initiate a formal evaluation
period to correct the situation.

e. Unauthorized use of department property: Use of department property


for personal gain not connected with the department, without the intent
to commit theft, when not approved.

f. Absence without proper authorization.

48
g. Failure to maintain department issued equipment: This would include
assigned department vehicle, uniform, weapon, etc.

h. Failure to comply with department Rules and Regulations or Policy


and Procedures as set forth in this manual and as may be added or
amended at a later time.

i. Repeat offenses could upgrade a minor offense to a serious and/or


severe offense.

2. Serious Offenses Include:

a. Abuse of the public: Includes action in an insulting or threatening


manner, use of profanity.

b. Fighting or battery: Provoking a fight with a co-worker, supervisor or


private citizen while on duty or off duty.

c. Sleeping on the job.

3. Severe Offenses Include:

a. Excessive absenteeism: Absence from the job for five or more


consecutive days without proper authorization.

b. Driving a department vehicle when consuming any alcoholic


beverages at any time.

c. Consuming alcoholic beverages during working hours.

d. Under the influence of alcohol or illegal drugs during duty hours.

e. Theft.

f. Falsification on any department reports.

g. Sabotage: This is defined as an intentional act, which caused or had


the potential of causing productivity to be slowed or stopped, physical
injury or property damage.

h. General misconduct: Includes, but is not limited to, commission of any


act which is so disruptive to the operation that effectiveness is

49
significantly reduced, or which is especially embarrassing or
effectively damaging to the Knightstown Town Marshal’s Department.

i. Sexual harassment: Per Town Personnel Policy.

j. Unethical conduct: See Code of Conduct, Rule #2, herein.

k. Insubordination: Willful refusal to obey a legal directive of


supervisors or refusal to perform assigned work.

l. Gross negligence: This would constitute an act that would place the
public or member of the department in jeopardy to the extent that the
act could cause injury to that person.

m. Any reason set forth in Indiana Code 36-8-3.

C. Progressive Discipline:

1st Offense: Verbal warning (documented).

2nd Offense: Written warning.

3rd Offense: One-day suspension.

4th Offense: One to five day suspension.

5th Offense: Recommend dismissal to Town Council.

1. Minor offenses are not considered serious enough to cause employees to lose
their jobs unless the minor offenses occur more than once. Instead,
supervisors correct minor offenses through the use of progressive discipline.
Progressive discipline is discipline that becomes more severe each time an
offense is repeated.

2. Prior to starting a member on the first step of progressive discipline, at least


one counseling session must be documented in the member’s personnel file.
More than one counseling session is permitted and desirable and shall be
documented in writing containing the date, time and location of the counseling
session, the subject matter thereof, and be placed in the member’s personnel
file.

3. “Verbal Warning” is the first step of progressive discipline for a minor


offense. Supervisors will talk to the member about the offense and help

50
him/her understand what behavior is expected. The supervisor must note in
the member’s personnel file the date, time, and nature of the discussion that
took place, a description of the remedial action to occur and the time frame
within which the employee must accomplish the remedial action.

4. If one year has elapsed since a person has a minor offense or serious offense,
the last discipline imposed reverts to the previous step for the purpose of
progressive discipline.

5. Serious offenses are treated less strictly than are severe offenses. However,
they are still taken very seriously by the department and a 1-5 day suspension
could result from a serious offense.

6. Committing a severe offense can cause members to lose their jobs. The Town
Marshal may reduce discipline to a 1-5 day suspension in exceptional cases.

7. Probationary employees (members who have been with the department for
less than one year) do not necessarily receive progressive discipline. A
probationary member can be terminated for committing a minor offense if
their overall job performance is not acceptable. Two offenses can result in
termination even if their overall performance is good.

8. Suspension of more than five (5) days or termination shall be subject to the
provisions of Indiana Code 36-8-3.

51
EQUIPMENT RULE #8

I. PURPOSE: To describe the equipment each member/Officer must use and maintain while
employed.

II. POLICY: All members of the department shall familiarize themselves with all
equipment used by the department. All personal and departmental firearms and other
equipment used by the department members shall be maintained and in optimum condition.

III. PROCEDURE:

A. Standard Arms Equipment. Officers of the department, while on active must be in


possession of and wearing in the appropriate manner the following equipment:

1. Firearm/Service Weapon.

2. Handcuffs.

3. Watch.

4. Notebook and pen.

5. Badge.

6. Identification card.

7. Uniform.

8. Taser.

B. Loss or Damage. Members of the department shall promptly report to the Town
Marshal or Captain the loss of, damage to, or unserviceable condition of any
equipment or property of the Town.

C. Surrender. Upon suspension, termination or resignation, a department member shall


immediately surrender to the Town Marshal all equipment provided by the
department.

52
FIREARMS USE RULE # 9

I. PURPOSE: To provide guidelines and limitations for Officers of this department


concerning firearms. This policy will address the types of firearms to be carried both while
on-duty and off-duty. Additionally, ammunition, training, and the reporting of the use of
deadly force with firearms will also be addressed in this policy.

II. POLICY: ADMONISHMENT. Because of the nature and responsibilities of a law


enforcement agency, a firearms policy is essential for the effective operation of the
department. The value of human life is immeasurable in our society. Officers have been
given grave responsibilities to protect life and to use their firearms, if necessary, in order to
fulfill this responsibility. Therefore, Officers must use utmost prudence and restraint in
exercising their authority to use firearms. Each and every Officer of the Knightstown Town
Marshal’s Department must adhere to compliance of this policy.

III. PROCEDURE:

A. Issued Firearms: The Knightstown Town Marshal’s Department provides its full-
time Officers with the following firearms.

B. Duty weapons:

1. Department handgun. (Carried by all Officers)

2. Department shotgun. (Each vehicle)

3. Department rifle. (Only certain full-time patrol and specialty Officers)

C. Non-issued Secondary Weapons/Back-Up Weapons:

1. Minimum caliber of .22 and maximum caliber of .45.

2. Officer must secure authorization from Range Master and provide make,
model, and serial number of weapon.

3. The Range Master will have final approval in writing and in personnel jacket.

D. Authorized Ammunition:

1. Only issued duty ammunition shall be carried in the issued weapons.

2. Ammunition shall be subject to change as a result of changing technology.

53
3. Ammunition carried by Officers of the Knightstown Town Marshal’s
Department in non-duty weapons/back-up weapons shall be of reputable
manufacturer and shall be factory ammunition only. No Officer shall carry
any reloaded ammunition, exploding bullets, or special purpose loads in any
departmental weapon/approved personal weapon unless authorized by the
Range Master in writing with a copy in the Officer’s personnel file.

E. Other Firearms:

1. Members of the Knightstown Town Marshal’s Department Special Response


Team are permitted to utilize other weapons. Team members must be trained
and qualified with each weapon prior to its use.

F. Firearms Training:

1. Each Deputy Marshal shall attend a minimum of one (1) firearm-training


session each year.

2. All firearm training shall be provided by the Range Officers under the
direction of the Range Master and the Town Marshal.

a. Each Officer shall fire one (1) qualifying score each year with his/her
issued duty weapon and duty ammunition.

b. Each Officer shall fire a minimum of one (1) qualifying score each
year with all non-issued/back-up weapons and authorized ammunition.

c. Each Officer shall fire a minimum of one (1) qualifying score each
year with their issued shotgun and duty ammunition.

d. Each Officer shall fire a minimum of one (1) qualifying score each
year with their issued rifle and duty ammunition.

3. Failure to Comply with Training Requirements.

a. Any Officer who refuses to participate in firearm training shall


immediately be reported to the Range Master who shall immediately
file a written report with the Town Marshal.

b. Any Officer who fails to shoot a passing score with his/her weapon(s)
shall schedule additional practice time with a Range Officer and
continue to practice until such a time that he/she can shoot a passing

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score.

c. If an Officer is absent for an extended period, as determined by the


Town Marshal, he/she shall, at his/her earliest opportunity,
successfully complete a firearms qualification.
d. Officers are prohibited from carrying any non-issued/back-up weapon
that he/she has failed to qualify.

G. Holsters and Magazine Carriers.

1. Only authorized holster and magazine carriers will be permitted for use.

H. Firearms Responsibilities.

1. Carrying of Firearms:

a. An Officer, when assigned to regular duty, shall carry or have in


his/her immediate possession at all times a department issued handgun
as prescribed in this policy. On special details an Officer may carry a
department issued handgun or an approved and qualified handgun. In
no event shall an Officer be in a Town owned vehicle without the
department issued handgun or an approved and qualified handgun in
his/her possession.

b. An Officer assigned to duty shall also have a department issued or


approved, personally owned, shotgun or rifle in his/her assigned
commission.

c. Certain undercover investigative situations may require an Officer to


not be armed to avoid being identified as an Officer.

2. Firearm Security:

a. Officers are responsible for the safe and secure retention of firearms in
their possession. Additionally, each Officer shall ensure that his/her
firearms are safely secured away from all persons when not in use.

b. Any Officer who loses a firearm shall immediately file a written case
report with the Town Marshal containing the weapon type, make,
model, serial number, and situation surrounding the loss.

3. Maintenance:

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a. All Officers shall be responsible for cleaning and upkeep of all
firearms described in this policy.

b. An Officer experiencing problems with his/her respective weapons


shall notify a Range Officer or Range Master for inspection of the
weapon.
4. Altering Firearms:

a. With the exception of sight alignment, a Range Officer or Range


Master must approve any altering, additions, deletions or modifying of
a firearm. A request to do so shall be submitted in writing to the
Range Master or Range Officer. Once the request has been reviewed,
a decision will be returned in writing to the requesting Officer. Any
approved alteration or modification must be performed by a certified
armorer.

I. Firearm Use & Reporting.

1. Any discharge of a firearm, except for training purposes, shall be immediately


reported to the on-duty supervisor. The on-duty supervisor shall take specific
action for specific incidents.

2. Police Action Shooting.

a. Notify the Town Marshal and Captain.

b. Notify the Range Master.

c. Notify the Henry County C.I.D.

d. Notify the shift supervisor.

3. Destroying An Animal.

a. See that appropriate incident report and supplements are completed.

b. Notify Animal Control.

4. Accidental Discharge (Includes Collateral Injury or Damage).

a. Notify the Town Marshal and Captain.

5. The on-duty supervisor shall cause the appropriate incident reports and

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supplements to be completed by the subordinate Officers involved. If the on-
duty supervisor is involved in the action, his/her superior Officer shall cause
the appropriate Incident/Case report and supplements to be completed. In all
instances the reports shall be forwarded to the Firearms Review Board.

6. Any Officer involved in a police action shooting shall have the opportunity to
confer with an attorney before being required to give an official statement
concerning the circumstances of the incident.

J. Use of Patrol Rifle.

The Town Marshal has authorized the Patrol Rifle, chambered for the .223
Remington cartridge, for use by the Knightstown Police Department as follows:

1. The purpose for the authorization of the semi-automatic rifle is to


counter criminal suspects armed with high-capacity semi-automatic weapons.
Officers carrying only handguns are severely outgunned when engaging an
adversary with one of these weapons.

2. The police rifle has an increased range of fire as opposed to a handgun


or shotgun.

3. The rifle is a more accurate weapon than a handgun or shotgun.

4. The .223 Patrol rifle has minimal recoil.

5. The rifle is safer and easier to control than a police shotgun. A rifle is
more precise than nine “00" buck pellets traveling toward a target.

6. Personnel are better able to master the basics of the weapon.

7. The rifle has a larger magazine capacity and is easier to reload.

8. Provides more accurate follow-up shots.

9. The problem of over-penetration is reduced with the use of the .223


cartridge. Its (penetration) is less than a shotgun slug, and even some pistol
rounds.

10. The .223 Remington cartridge will defeat commonly available body-
armor, which is being used with increasing frequency by the armed
professional criminal.

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11. Magazines for the rifle may be of 20 or 30 round capacity. To insure
reliable feeding of the cartridges, the 20 round magazines should be loaded
with 18 rounds and the 30 round magazines should be loaded with 28 rounds
of ammunition.

12. Officers are not authorized to carry the Patrol rifle until they have
received training. The training consists of a department approved Tactical
Rifle course.

13. Officer must re-qualify on an annual basis.

14. After receiving training, the Officer will be authorized to carry the rifle
on duty.

15. When carried on the street, the police rifle will be carried in the police
vehicle, in the trunk, in a case. The rifle will be carried on the following
condition: a magazine will be in place and the chamber will be empty with
the bolt forward.

16. No modification is to be made to the Patrol rifle without written


consent from rifle instructor and the Town Marshal. Until a more complete
evaluation is completed, authorized duty ammunition for the Patrol rifle will
be issued by the department.

17. The rifle will be equipped with a sling. The only optional accessories
authorized are a light and mount, tritium night sighs and bipod. No telescopic
sights or electronic sites are authorized.

18. The tactical use of the police Patrol rifle is at the discretion of the
Officer. Generally, incidents wherein a high probability of armed
confrontation exists will justify the use of the police rifle. Officers are to use
great discretion before utilizing or deploying the police Patrol rifle.

19. Policies and procedures governing the use of deadly force shall be
applicable to the carrying and use of the Patrol rifle.

K. Firearms Review Board.

1. The Board shall consist of the Town Marshal, Captain, the Town
Council Police Committee and Range Master to review the discharge of a
weapon by any Officer and make a recommendation to the Town Marshal.

L. Range Organization and Operation.

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1. A certified firearms instructor shall be appointed by the Town Marshall as
Range Master.

2. The responsibilities of the Range Master are as follows:

a. Oversee all firearms training.

b. Post and enforce regulations pertaining to range safety.

c. Periodically inspect each Officer’s issued firearm and shotgun.

d. Develop courses of fire for weapons qualifications under the direction


of the Town Marshal.

e. Record and maintain firearm-training records indicating scores and


weapon information.

f. Organize and conduct firearms training.

g. Provide approval to Officers requesting weapon and ammunition


authorization.

h. Make recommendations to the Town Marshal pertaining to weapons,


ammunition, training, and policy.

i. Notify the Town Marshal of any Officer who fails to qualify or refuses
to comply with firearms training requirements.

3. A certified firearms instructor shall be appointed by the Town Marshal as


Range Officer.

4. The responsibilities of the Range Officer are as follows:

a. Assist the Range Master in the development of courses of fire for


firearms training and qualification.

b. Organize and conduct firearm qualifications for persons assigned to


their shifts and division.

c. Record all training and qualification scores and forward reports to


Range Master.

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d. Notify the Range Master of any Officer who fails to qualify or refuses
to comply with firearm requirements.

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UNIFORMS Rule #10

I. PURPOSE: To describe the composition and care of proper Officer and member attire.

II. PROCEDURE:

A. Uniforms

1. Provision by Town. The Town shall provide active, full-time Deputy Marshals
of the department with the uniforms, clothing, arms, and equipment which the
Town determines to be necessary for them to perform their duties during their
first year of service. After one (1) year of regular service in the department,
Deputy Marshals shall be required by the Town to furnish and maintain all of
his subsequent uniforms and clothing upon payment to the Deputy Marshals
by the Town of an annual cash clothing allowance. The Town shall credit the
uniform allowance to each Deputy Marshal against his purchases during the
calendar year.

a. All Deputy Marshals of the department shall report for duty in full
uniform, clean, neatly shaven, clothes pressed, shoes shined, and all
equipment in serviceable condition. Deputy Marshals shall never
appear in partial uniform either on or off duty. If a Deputy Marshal
appears in public in full uniform, he shall be considered as on duty and
subject to all the policies and procedures of the department for on-duty
Officers.

b. All uniforms, clothing, arms, and equipment will remain the property
of the Town and must be immediately returned to the Town Marshal
and/or the Town Council upon termination, retirement or resignation.

2. Accessories.

a. Jewelry consists of a Knightstown Town Marshal’s Department. worn


on collar of summer and winter shirts, and is worn across point of
collar.

b. The Whistle Chain is fastened to right shoulder epaulet button under


the epaulet. The chain enters the right pocket through the button hole.

c. The name tag is worn on the left shirt pocket flap, centered directly
under the pocket seam.

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d. The badge is worn high enough so it does not touch the pocket.
e. The pistol belt is worn with the tail of the belt to the left.

f. Cartridge magazine.

g. The handcuff case is worn where comfortable and accessible.

h. Winter shirt sleeves are down and buttoned at all times.

i. French Blue clip-on tie is worn with winter shirt.

j. “T” shirt is worn at all times.

k. A dark “T” shirt or a dark mock turtle neck shirt.

l. Short sleeves are optional from April 1 and mandatory from April 15
each year.

m. Long sleeves are optional from October 1 and mandatory from


October 15 each year.

n. Short sleeve shirts are worn for inside duty.

o. Dark blue socks are worn with well-shined shoes. Uniforms will be
neat, clean and pressed.

p. A member of the department, when in uniform, shall wear his/her


badge on the outside of the outermost garment over the left breast. No
member of the department shall pass his relatives or friends into places
of amusement, nor shall any Officer transfer his badge to any relative
or friend.

3. Additional Regulations.

a. Uniforms are not to be worn when the Deputy Marshal is off duty
except on said details or assignments authorized by the Town Marshal.

b. Different components of the uniform are not to be mixed while being


worn with other visible articles of civilian or unauthorized clothing.
The uniform shall be worn in its entirety as established by this policy
except when ordered by the direction of the Town Marshal.

c. Uniforms may not be worn by persons other than those occupying the

62
office of Town Marshal, Captain, Deputy Marshal or Reserve Marshal
with the Knightstown Town Marshal’s Department.

d. No personal item of clothing or equipment shall be worn in lieu of


authorized items of the official uniform without the approval of the
Town Marshal.

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ARREST AND DETENTION Rule #11

I. PURPOSE

II. POLICY

III. PROCEDURE:

A. Arrest: An arrest is the taking of a person into custody so that he may be held to
answer for a crime. (Indiana Code 35-33-1-4) An arrest may be made on any day or at
any time of the day or night. (Indiana Code 35-33-2-3(a)) An Officer may arrest a
person when any of the following appear to exist (Indiana Code 35-33-1-1).

1. He has a warrant commanding that the person may be arrested.

2. He has probable cause to believe the person has committed or attempted to


commit, or is committing or attempting to commit a felony.

3. He has probable cause to believe the person has violated the provisions of
Indiana Code. 9-4-1-40, Indiana Code 9-4-1-54, or Indiana Code 9-11-2.

4. He has probable cause to believe the person is committing or attempting to


commit a misdemeanor in his presence.

B. Restraints: A defendant shall not be subject to more restraint than is necessary to


effect his arrest and detention. Any person arrested for a felony shall be handcuffed
while in the custody of an Officer. Neither night sticks nor mace shall be used except
when necessary in the course in self-defense, effecting arrest, or preventing an
escape. If, after verbal notice of the intention to arrest a defendant is communicated,
and the defendant either flees or forcibly resists, the Officer may use all necessary
means to affect the arrest. To make an arrest in criminal actions, the Officer may
break open any outer or inner door or window to execute the warrant, if, after notice
of his authority and purpose, he be refused admittance. (Indiana Code 35-33-23 (b)).

C. Pursuit: In addition to the pursuit provision set forth in Standard Operating Procedure
Rule #4 above, if the person being arrested, attempts to escape, the person from
whose custody he has made his escape may immediately pursue the person and retake
him at any time and any place within in the state. To retake the person escaping, the
person pursuing may, after notice of his/her intention and refusal of admittance, break
open an outer or inner door or window of a building or enclosure, and shall have the
same power to command assistance as is given in case of arrest.

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D. Defendant’s Rights: No department Officer shall violate the statutory or constitutional
rights of any defendant or other person.
E. Officers should not exercise their police powers in situations where they are
personally involved either as a relative or neighbor.

F. In situations where Officers are personally involved, the proper action would be to
call and ask that another Officer be dispatched to handle the situation.

G. The only exception to an Officer refraining from using his/her police powers, when
personally involved, is in situations where it is necessary for self-defense, to prevent
injury to another person or when a serious offense or felony has been committed.

H. Arrest Out of Uniform: department Officers not in uniform shall not arrest traffic
violators on sight except when the violation is especially flagrant or involves an
accident while under the influence of liquor or narcotics and follow all state statutes
pertaining thereto.

I. Filing Charges: Department Officers shall promptly file charges against arrested
persons pursuant to Indiana Code 35-33-7-1 and shall prepare all necessary reports
and obtain and prepare any necessary statements promptly.

65
SEARCHES Rule #12

I. PURPOSE: Establish guidelines for inventory of vehicles that are being impounded by
Knightstown Town Marshal’s Department Personnel.

II. POLICY: The Knightstown Town Marshal’s Department requires that an Officer
impounding a vehicle shall inventory the vehicle prior to being towed.

III. PROCEDURE:

A. Any Officer impounding a vehicle for any purpose other than at the owner’s request
at traffic accidents will complete the Knightstown Town Marshal’s Department
vehicle impound inventory record.

B. After completing the inventory sheet, the Officer will request an incident number and
make an incident report concerning the vehicle that is involved. All impounded
vehicles will be listed in the involvements of the incident report as well as the name
of the wrecker service. The inventory sheet will be attached to the incident report.

C. If, during the inventory of the vehicle, an Officer finds contraband, or articles of high
value, he/she should photograph the articles, and attach the photograph to the incident
report.

D. Under NO circumstances should force be used to open either the glove compartment
or trunk for an inventory search.

E. Regulations.

1. All vehicles impounded by department personnel will be inventoried, and


recorded on the Knightstown Vehicle Inventory Sheet.

2. All containers in the vehicle must be searched. Locked containers should not
be forced open.

3. Knightstown Officers will complete an incident report and attach the


inventory sheet.

F. Searches: A search may be conducted by the Town Marshal, Captain, Deputy


Marshal or Reserve Deputy Marshal in circumstances including, but not limited to the
following:

1. Incident to Arrest: Any department Officer making an arrest of persons to be

66
sent to headquarters shall immediately search such persons for weapons or
evidence of crime. This policy shall not apply to persons ordered into court.
2. Warrant: No Officer shall obtain a search warrant except with the consent of
the Town Marshal or Captain.

G. Destruction of Evidence: No department Officer shall destroy evidence of a crime or


aid in any way the removal or destruction of same.

H. Confiscated Property Department Officers who confiscate any property or evidence in


any arrest or who recover any contraband or stolen property shall mark and tag or
label the property and shall, before going off duty, place such items in a locked and
secure place, until it is introduced into court or otherwise legally disposed of.
Whenever possible, an Officer shall have another Department member verify that said
items were appropriately tagged and secured. Whenever scheduled substances are
confiscated, in addition to the above, the substance shall be weighed and/or the items
counted and duly noted on the identification tag.

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COURT APPEARANCES Rule #13

Court Appearances: The Town Marshal, all Deputy Marshals and all other members of the
department shall not fail to appear in court in any case in which they are witnesses when requested to
do so. If duty demands their absence from court, they shall report the matter to either the Town
Marshal, Captain, or Prosecuting Attorney, as the case may be, as far in advance as possible so that
the case may be set over if necessary.

A. Appearance: The Town Marshal, all Deputy Marshals and all other members of the
department concerned with criminal cases before the court shall make a punctual
appearance and either be in full uniform or dressed neatly in civilian clothing, or as
may be requested by the Court.

1. Civil Actions: The Town Marshal, all Deputy Marshals and all other members
of the department shall not testify in civil matters based on facts coming into
their possession in an official capacity, unless legally summoned to do so by a
court or body with power to summons.

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PUBLIC INFORMATION Rule #14

I. PROCEDURES FOR RELEASE OF INFORMATION TO THE MEDIA:

A. The Town Marshal shall serve as the primary Public Information Officer and he/she
or his/her designee will be responsible for all releases of information to the press.

1. Restricted Information: All Deputy Marshals and all other members of the
department shall not communicate with any person other than an official law
enforcement agent regarding the following items:

a. Persons wanted by the department for questioning or arrest.

b. Persons arrested.

c. Criminal records.

d. Department orders or regulations.

e. Any other information not subject to disclosure under Indiana or


Federal Law.

2. News Media: No Deputy Marshal or department member shall make any


statements, written or oral, which he or she has reason to believe may be
published or broadcast concerning any department activities, operations,
policies, or cases without prior permission of the Town Marshal or Captain, or
others delegated by the Town Marshal. A Deputy Marshal shall, however,
cooperate with the news media representatives at the scene of an accident,
disaster, or incident and shall not obstruct or impede their reasonable efforts to
obtain or impede their reasonable efforts to obtain authorized information.

3. Department Communications: No Deputy Marshal or department member


shall engage in official correspondence involving the department over his or
her own signature or convey official department communication by telephone
or otherwise outside the Town without the permission of the Town Marshal.

4. Confidential Operation: No Deputy Marshal or department member shall


communicate to any unauthorized person information concerning any
proposed police action or the department’s operations or activities which are
of a confidential nature, unless so delegated by the Town Marshal or Captain.

5. Accidents: The names of fatal accident victims shall not be released to the

69
news media until relatives have been notified, unless four (4) hours have
elapsed from the time of the identification of the victim and efforts to notify
relatives have been unsuccessful, provided the media agree to state, with the
use of names, "all efforts by the police to locate and notify relatives have thus
far been unsuccessful." In the case of death by violence or other than
accidental causes, the information shall be released at the discretion of the
investigating Officer. However, reasonable efforts shall be made to notify
immediate survivors of the deceased.

6. Altering Official Records: No erasures shall be made in any of the official


books, records, reports, or documents connected with the department. If any
error be discovered, it is to be altered and corrected by drawing a line in pen
neatly across the entry and substituting the correction above it. The Deputy
Marshal making such correction shall place the date and his or her initials near
same.

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JUVENILE OFFENDERS Rule # 15

I. PURPOSE: To comply with state and federal guidelines by establishing a written policy
for the custody of juvenile offenders following arrest.

II. POLICY AND PROCEDURE:

The criteria for law enforcement facilities to meet for non-secure custody of a juvenile
offender is as follows:

A. The area(s) where the juvenile is held is an unlocked, multi-purpose area such as a
lobby, office, or interrogation room, which is not designated, set aside, or used as a
secure detention area or is not part of such an area. If it is a secure area, it is used only
for processing purposes.

B. The juvenile is not physically secured to a cuffing rail or other stationary object
during the period of custody in the facility.

C. The use of the area is limited to providing nonsecure custody only long enough and
for the purposes of identification, processing, release to parents, or arranging transfer
to an appropriate juvenile facility or to court.

D. In no event can the area be designed or intended to be used for residential purposes.

E. The juvenile must be under continuous visual Officer supervision or facility staff
supervision during the period of time that he/she is in a nonsecure custody situation.

F. When a juvenile is arrested for an offense that would be a crime if committed by an


adult and taken to a law enforcement facility, that offender can be handcuffed for
processing. If the offender poses a substantial risk to themselves or to the Officer, the
offender can be handcuffed to a stationary object. The Officer must rely on his/her
judgment of the level of risk posed by the juvenile.

G. A juvenile offender can be considered in nonsecured custody, even though


handcuffed, where necessary, so long as a stationary object is not in use. It is
recommended that nonsecure custody be limited to six hours. It will be the
Knightstown Town Marshal’s Department policy to avoid any handcuffing of
juvenile status offenders to any stationary object or placed in a locked room. The
juvenile offender will be under constant visual observation by an Officer or other
member of the department such as a Reserve Officer or Dispatcher at all times.

H. The Knightstown Town Marshal’s Department will process all juvenile offenders in a

71
timely manner and release them to a qualified parent or guardian. If an arresting
Officer feels the juvenile needs to be incarcerated, he/she needs to contact a probation
Officer to have them make arrangements to transfer the juvenile to a secured
detention facility.

I. Child in Need of Services: (Indiana Code 31-6-46).

1. If a child alleged to be in need of services is taken into custody under


an order of the court, the Officer shall take the child to a place designated in
the order to await a detention hearing.

2. If a child alleged to be in need of services is taken into custody without


an order of the court, the Officer may release the child or deliver the child to a
place designated by the juvenile court and shall promptly notify the child’s
parent, guardian or custodian and an intake Officer of where the child is being
held and of the reason for the child’s detention, investigation or other
operation of the department without the express written consent of the minor
and minor’s parent, guardian or custodian after full written disclosure of the
nature and purpose of any such investigation or operation.

72
COMPLAINTS AGAINST THE DEPARTMENT Rule #16

I. PURPOSE

II. POLICY

III. PROCEDURE:

Complaints Against Department: It is the express policy of the Town Council and this
department to provide a procedure by which any person who has a complaint or grievance
against this department or any of its Officers or other members may bring such complaint or
grievance to the attention of the Town Council and the department and that such person will
receive a fair and equitable disposition of such complaint or grievance. The procedure to be
followed is as set forth below:

A. Initial Filing: Any complaints or grievance of a citizen against the department or any
of its members shall be presented, in writing, upon forms to be provided for such
purpose, to the Clerk-Treasurer of the Town, who shall keep a log of such grievances,
and deliver a copy of such grievance to the Town Council and one copy to the Town
Marshal. The complaint shall recite with reasonable specificity the factual basis of
such complaint, including without limitation, the date and time, place and
circumstances alleged, along with the name, address and telephone number of the
complaining party.

B. Disposition: Upon receipt of such complaint, the Clerk Treasurer of the Town shall
record the date of its receipt and immediately present it to the Town Council, who
shall review and, if deemed necessary and appropriate, investigate its merits. If the
Town Council decides to investigate the merits of the complaint, the Town Council
shall make written findings and report such actions its next scheduled regular meeting
or special meeting unless a different timeframe is established by the Town Council.

C. The Town Council shall then determine what, if any, action needs to be taken in
regard to such grievance. The complaining party shall be notified in writing of such
action.

73
DRUG FREE WORKPLACE POLICY Rule #17

Drug Free Workplace Policy:

A. On October 16, 1990, the Board of Commissioners of Henry County, Indiana adopted
a Drug Free Workplace Policy which was reaffirmed, restated, and enlarged on
October 19, 1992. It is the intention of the Town Council to implement this policy.
Further reference to the Drug Free Workplace Policy of the Town of Knightstown,
shall be by reference to the Knightstown Town Marshal’s Department Standard
Operating Procedure Manual.

74
COMPUTER AND INTERNET USAGE RULE # 18

I. PURPOSE: To establish the limitations of the use of the department's computers and
Internet Services.

II. POLICY AND PROCEDURE:

A. Computers and Internet Service provided by the department are for the sole purpose
for Officers/members to conduct job related activities while employed as an
Officer/members.

B. The Computers and Internet Service are to be used in a manner consistent with the
Officer's/member’s status and in accordance with policies in effect at the department,
and that the Internet Service is not to be used to access lewd or lascivious material or
an unethical nature unless the Officer is acting in his official duties.

C. Officers/members will not engage in unauthorized access to a department computer,


computer network, or computer system by using another persons access rights (user
name or password).

D. Officers/members shall not jeopardize the security of the department computers or


computer network by installing unauthorized software or modifying the computers
configuration without the permission of the department's System Administrator.

E. If uncertain whether an activity is permissible, Officers/members will refrain from the


activity and secure clarification from his/her supervisor before proceeding with the
activity.

F. All information placed on or retrieved from the department computers or Internet


Service, including e-mail and the facilities of the Internet, may be subject to the
Access to Public Records Act, Indiana Code 5-14-3. Unless exempted by law,
information placed on or retrieved from the Internet is a public record and therefore
eligible for public disclosure.

G. The Department shall reserve the right to monitor Officers/members use of the
department computers and Internet usage, including all communications through it.

75
USE OF TASERS Rule #19

I. PURPOSE: The purpose of this policy is to establish policy and regulation for the use of
the ADVANCED TASER by members/Officers of the Knightstown Town Marshal’s
Department. This policy will define the TASER unit being put in place for use by members
of the department and the requirements set forth. Members using the ADVANCED TASER
will be trained in the use of the TASER by an instructor who has been trained and certified.

II. POLICY:

A. Electronic Incapacitation Devices:

The ADVANCED TASER is a conducted energy weapon; an electronic


incapacitation device. It is a defensive weapon which is listed in the force continuum
at the same level as O.C./C.S spray; after soft empty hands. The ADVANCED
TASER functions in two ways:

1. It uses compressed nitrogen to project two probes a maximum of 21


feet. An electrical signal is then sent to the probes, via small wires, which
disrupts the body’s ability to communicate messages from the brain to the
muscles and causes motor skill dysfunction.

2. Acts as a touch stun system when brought into immediate contact with a
person’s body.

The decision to use the ADVANCED TASER is based on the same criteria an
Officer uses when selecting to deploy O.C/C.S spray or a baton. The decision must
be made dependent on the actions of the subject(s) or threat facing the Officer(s), and
the totality of the circumstances surrounding the incident. In any event, the use of the
ADVANCED TASER must be reasonable and necessary.

The ADVANCED TASER is not meant to be used in deadly force situations.


The ADVANCED TASER should not be used without a firearm back-up in those
situations where there is a substantial threat toward the Officer(s) or others present.

The ADVANCED TASER provides a force option in which the Officer does
not have to get dangerously close to a threat before deploying the tool. Using the
ADVANCED TASER may greatly reduce the need for other types of physical force
by the Officer(s) resulting in serious or potential deadly injury to the offender,
Officer, or others present.

Any use of an electronic incapacitation device contrary to the direction of this

76
policy can results in the revocation of the Officer’s right to use such products and
may subject the Officer to disciplinary action.
B. Issuing of the ADVANCED TASER:

Department members will only carry and use ADVANCED TASERS or


electrical incapacitation devices approved by the Knightstown Town Marshal’s
Department. Members may only use Knightstown Town Marshal’s Department
issued ADVANCED TASER cartridges. A record of cartridge serial numbers
provided with each weapon will be maintained in a log book which will be kept with
that weapon at all times. The log (books) will be audited at least once a year by a
Knightstown Town Marshal’s Department ADVANCED TASER instructor.

Any ADVANCED TASER trained Officer/member of the Knightstown Town


Marshal’s Department may be assigned and/or issued the TASER for use on duty.
The TASER unit/tool will be assigned to the trained Officer/member by the Town
Marshal. The ADVANCED TASER may also be assigned to other Officers by the
Town Marshal.

A record will be kept of all ADVANCED TASERs, their serial numbers, and
what Officer they have been issued to. In the event that an ADVANCED TASER is
returned for repairs or no longer remains the property of the Knightstown Town
Marshal’s Department, the use history of that particular tool will be down loaded
using the data port access and appropriate software. The use history will be
maintained for a period of five (5) years from the date the ADVANCED TASER was
taken out of issue.

Use histories will be run on each ADVANCED TASER once each year. Any
indications of misuse of the device may result in disciplinary action or revocation of
the user’s certification.

C. Training and certification.

All members who carry and/use an ADVANCED TASER must first


successfully complete a four hour ADVANCED TASER familiarization program, to
include written and practical tests. A mandatory re-certification program will be
completed annually. The re-certification will be a minimum of two hours.

D. Use of an ADVANCED TASER on Persons.

1. The decision to use the ADVANCED TASER is based on the same criteria an
Officer uses when selecting to deploy O.C/C.S spray or a baton. The decision
must be made dependent on the actions of the subject(s) or threat facing the
Officer(s), and the totality of the circumstances surrounding the incident. In

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any event, the use of the ADVANCED TASER must be reasonable and
necessary.

2. The ADVANCED TASER is not meant to be used in deadly force situations.


The ADVANCED TASER should not be used without a firearm back-up in
those situations where there is a substantial threat toward the Officer(s) or
others present.

3. The ADVANCED TASER provides a force option in which the


Officer does not have to get dangerously close to a threat before deploying the
tool. Using the ADVANCED TASER may greatly reduce the need for other
types of physical force by the Officer(s) resulting in serious or potential
deadly injury to the offender, Officer, or others present.

4. Any use of an electronic incapacitation device contrary to the direction of this


policy can results in the revocation of the Officer’s right to use such products
and may subject the Officer to disciplinary action.

5. The ADVANCED TASER is not a substitute for deadly force and


should not be used in those situations. Deployment of the ADVANCED
TASER should be backed up with the availability of lethal force. The
ADVANCED TASER may be used in those situations where:

a. A subject is threatening himself, an Officer, or another person


with physical force and other means of controlling the subject are
unreasonable or could cause injury to the Officer(s), the subject(s) or
others.

b. In case where Officer/Subject factors indicate the Officer(s),


offender(s), or others would be endangered by the use of physical
force. Other means of lesser or equal force have been ineffective and
the threat still exists to the Officer(s), subject(s), and others.

6 Center mass of the body should be the target area when firing an
ADVANCED TASER, particularly the center mass of the back; as clothing
tends to be tighter on this part of the body. Personnel encountering subjects
wearing heavy or loose clothing on the upper body should consider targeting
the legs. The head and face should not be targeted unless the appropriate level
of force can be justified.

The ADVANCED TASER will never be used punitively or for


purposes of coercion. It is to be used as a way of averting a potentially
injurious or dangerous situation. The ADVANCED TASER has an effective

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range of 19 feet with a 21-foot cartridge. Ranges less than 3 feet may not
provide adequate distribution of the probes to allow the unit to function to its
full effectiveness. Firing the ADVANCED TASER at a subject at a range
closer than 3 feet is not dangerous to the subject, however. (Note: Contact can
be dangerous and Office WILL NOT use the TASER in direct contact with a
subject(s). The ADVANCED TASER may be used as a stun gun, where
direct contact has to occur).

Prior to the deployment of an ADVANCED TASER; the person


deploying has the responsibility to visually and physically confirm that the
tool selected is, in fact, an ADVANCED TASER and not a firearm. The
deploying person should also notify dispatch, if feasible, that an ADVANCED
TASER is going to be deployed. The deploying person should also notify any
on-scene, assistant Officers that they intend to deploy a TASER. Immediately
prior to deploying the TASER the deploying person should announce, if
feasible, “TASER! TASER! TASER! The announcement should be made
only if it would not endanger any civilians, Officers, or the suspect.

The ADVANCED TASER has the ability to ignite flammable liquids.


It will not be deployed at subjects who have come into contact with
flammables or in environments where flammables are obviously present.
Personnel should be especially aware of this when in known meth lab
environments.

Proper consideration and care should be taken when deploying the


ADVANCED TASER on subjects who are in an elevated position or in other
circumstance where a fall may cause substantial injury or death. Officers
must be prepared to justify such a deployment.

E. Duties After Deployment.

1. Immediate action should be taken to care for the injured, to apprehend


any suspects, and to protect the scene.

2. Once the subject is restrained or has complied, the ADVANCED


TASER should be turned off.

3. An ADVANCED TASER will not be left unattended except in exigent


circumstances as when an Officer is forced to act alone in taking custody of an
immediate threat.

4. The Southwest District Ambulance Services or a paramedic service


will be summoned to the scene to assess the subject. If the exam or other

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circumstances dictate the subject needs further medical treatment, the subject
will be transported to Henry County Memorial Hospital. Medical treatment
will not be refused to anyone who requests it.

5. Medical personnel will remove probes located in sensitive areas such


as the face, groin, neck or breast.

6. Removal of probes in other areas may be done by Officers; at the


discretion of the on scene supervisor. Officers will provide first-aid following
removal of the probes by applying iodine or alcohol wipes, and bank-aids to
the probe sites as needed. Officers should inspect the probes after removal to
ensure that the entire probe and probe barb has been removed. In the event
that a probe, or probe barb has broken off and it is still embedded in a
subject’s body/skin, the subject should be provided appropriate medical
attention to facilitate the removal of the object.

7. Evidence - Photographs will be taken of probe impact sites and any


other related injuries. Probes that have been removed from skin will be
treated as bio-hazard sharps. They should be placed points down into the
expended cartridge bores and secured with tape.

8. Officers will attempt to locate the yellow, pink and clear colored
“micro-dots” dispersed at the time of the cartridge firing. These will be
collected and placed into evidence with any expended cartridges.

9. Involved personnel will attempt to locate and identify any witnesses to


the incident. Officers will refrain from discussing the incident until the arrival
of an on-scene supervisor or other administrator. The involved personnel will
brief them of the circumstances surrounding the incident and what action has
taken place. The deploying Officer(s) will assist in the completion of a
SUPERVISORY ADVANCED TASER deployment document report.

10. Additional duties after deployment will consist of booking the


offender into jail or by taking other appropriate action. Jail personnel will be
informed the subject was controlled by use of an ADVANCED TASER.
Subjects controlled by the use of an ADVANCED TASER will not be
transported face down.

F. Supervisor Responsibilities.

1. The first supervisor on the scene should ensure that proper care is
given to injured Officers and/or citizens.

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2. The supervisor should ensure all responsibilities of the Officer have
been carried out regarding care for the injured, apprehension of the suspects
and protection of the scene.

3. The supervisor will make proper notification to command staff as soon as


possible.

4. The supervisor will notify the command staff if any traumatic injury
has occurred due to the use of force involving the ADVANCED TASER.
5. The supervisor will make contact with the detective on-duty to assist
with any investigation as necessary. If no detectives are on-duty, the Captain
or Town Marshal will make contact and determine if a detective needs to be
called out.

6. A SUPERVISORY ADVANCED TASER deployment report WILL


BE completed and forwarded to the Captain, Town Marshal and an
ADVANCED TASER instructor(s).

7. All other written reports associated with the incident will also be
completed before the end of the shift and forwarded in the same manner.

III. PROCEDURE:

A. Members of the Knightstown Town Marshal’s Department will abide by the


ADVANCED TASER use policy as written, as this is another means of the non-lethal
force option weapon.

B. Members will be trained and certified by an ADVANCED TASER departmental


instructor before being issued the tool. Members will become familiar with the
operations of the TASER and has a general understanding of how the ADVANCED
TASER operates. A mandatory re-certification program will be completed annually.

C. Members will follow force continuum and understand that the ADVANCED TASER
is a defensive weapon which is listed at the same level as O.C/C.S spray; after soft
empty hands.

D. In deadly force situations, Officers/members will have another Officer available with
a firearm back-up in the event there is a substantial threat toward the Officer(s) or
others present.

E. Members will ensure that proper use of the ADVANCED TASER has been followed
and follow-up duties after deployment will be adhered to.

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F. Members will ensure all evidence has been collected and properly tagged and secured
and turned over the property room.

G. Supervisory personnel of the department will ensure that all procedures and policies
are complied with.

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IN-CAR VIDEO SYSTEMSRULE #20

I. PURPOSE: To establish guidelines for the use of the in-car video equipment by members
of the Knightstown Police Department.

II. POLICY AND PROCEDURE:

A. Officers assigned to the patrol division of the Knightstown Police Department shall
attempt to document certain events via the in-car video system so that they may be
later admitted into court as evidence, if necessary.

B. These events include but are not limited to:

1. Traffic or investigative stops conducted as the primary or backup


officer.

2. Following a suspected impaired driver.

3. Field sobriety testing.

4. Investigations of domestic disputes.

5. Transportation of prisoners.

6. Any situation that could have recourse on the involved officer.

C. Videotapes that have had events recorded that have a high likelihood of being needed
for court shall be removed from the vehicle at first opportunity and logged into
evidence.

D. Once events are recorded on the videotape and the videotape is removed from the in-
car recorder, the videotape is evidence and shall be handled in accordance with
department evidence procedures.

E. Officers are required to assign a case number for a videotape he/she has removed from
the in-car recorder. The case number shall be written on a label and affixed to the
videotape. A paper copy of the case report will be attached to the videotape.

F. Officers shall insure that the in-car video system is kept in working order by daily
testing of the recorder and body microphone. Any malfunctions shall be reported to

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the Town Marshal or his/her designee for repairs.

G. Officers shall insure that the proper date and time are displayed on the on-screen
header and the header is properly placed at the top of the screen.
H. No in-car videotape, or portion thereof, shall be copied without the permission of the
Town Marshal or his/her designee.

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CANINE UTILIZATIONRULE #21

I. PURPOSE: To establish procedures and guidelines for the management of trained police
canine teams.

II. POLICY AND PROCEDURE:

A. Goals.

1. Minimize Officer and citizen risk in potentially life threatening


situations.

2. Increase the likelihood of criminal apprehension and illegal detection.

B. Definitions.

1. Police Service Dog: Any canine trained for utilization by the


Department.

2. Canine Handler: Police Officer trained to handle a Police Service Dog.

3. Canine Team: The combination of a Canine Handler and a Police


Service Dog.

C. Proper Utilization of Canine.

1. The Knightstown Police Department Canine Team, or Teams from


other agencies due to KPD unavailability, may be used in the following
situations without prior supervisory approval:

a. Tracking operations. In felony and misdemeanor situations to


locate suspects and potential evidence and in missing persons incidents
where there is belief the missing person may be in danger.

b. Area searches. To check for stolen or abandoned property of


evidence of a crime.

c. Building searches. To search buildings believed to be


burglarized and buildings utilized by a felony suspect to escape police
apprehension.

(1) The Canine Handler must be reasonably certain that the

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building to be searched is clear of innocent people.

(2) The Canine Handler, or designee, must announce the


canine team’s presence and the probability that sequestered
persons may be bitten. The announcement must be of sufficient
volume to be heard by those inside. Anyone inside will be
allowed sufficient time to exit the building. In large buildings
the announcement may have to be repeated prior to entry into
separate areas of the building. If the announcement will cause a
significant risk to officer safety it shall not be considered
mandatory.

d. Narcotic searches. To search for Narcotics in homes, vehicles,


open areas, parcels, or other items deemed necessary if legal search
requirements have been met.

e. Handler, Officer and public protection. To apprehend any


suspect assaulting or attempting to assault the Canine Handler, other
Officers or the public if no other means of apprehension appears
possible. The Police Service Dog may be used to effect the arrest of
any suspect who is armed or believed to be armed and appears to pose
an immediate threat to any Officer or citizen.

f. Call response. To respond to all alarm calls, unsecured


buildings, all in-progress calls, and any dispatched assist calls.

g. Felony arrest. To affect the arrest of any person the Canine


Handler has probable cause to believe has just committed, is
committing or attempting to commit a serious or violent offense, and it
reasonably appears the use of other means may result in serious injury
to the Officer, suspect, or other persons. The canine may be used to
locate and apprehend a secreted felony suspect when, upon considering
relevant factors it appears the use of a Canine Team is the safest course
of action.

h. Misdemeanor situations. When requested the Canine Handler


will respond and evaluate the situation to determine if the use of a
Police Service Dog is appropriate. When there is no immediate danger
to the handler, other Officers, or citizens, no aggressive use of the
canine will be permitted.

2. Knightstown Police Department Canine Teams may be used with


supervisory approval in special circumstances. (Some circumstances warrant

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special consideration prior to the deployment of a Canine Team. These
incidents shall be evaluated and the decision to use a Police Service Dog shall
be made by a supervisor).

a. When a KPD or surrounding agency Canine Team is not


available, a patrolman shall determine if call out of a Departmental
Canine Team is necessary.
b. When a KPD Canine Team is requested by an outside agency
(through the Police Department) the approval for deployment will be
made by the Canine Handler. Canine Teams shall be governed by the
same rules, regulations, and directives as if performing that same
service within the Town.

c. In special circumstances where other means have been


exhausted and the unique abilities of a Police Service Dog can assist in
the successful conclusion of an incident.

d. If a Canine Handler is ordered by any supervisor to perform


duties in conflict with prescribed rules, directives, or training
techniques, the Canine Handler shall immediately bring the conflict to
the attention of the supervisor. If the order is not altered or rescinded it
shall be obeyed. The Canine Unit Coordinator shall be notified of the
conflict as soon as possible.

3. IN all circumstances where the Police Service Dog is used to affect an


apprehension, only the degree of force necessary may be used. The dog must
be recalled or otherwise restrained as soon as the suspect is in custody or no
longer poses an immediate threat.

D. Specific Responsibilities.

1. The Town Marshal shall be responsible for general management of the


Canine Unit.

2. The Canine Unit Coordinator shall:

a. Report directly to the Town Marshal.

b. Function as a liaison on all matters pertaining to the Canine


Unit.

c. Provide supervisory oversight and evaluation of employees


assigned to the Canine Unit.

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d. Coordinate Canine Unit training activities for handlers and other
Department members.

e. Assist in the professional development of those assigned to the


Canine Unit.

f. Maintain central records on canine use, training, certification,


bites and statistics.

3. Canine Handlers shall:

a. Be responsible for the tactical use of their Police Service Dog


unless directed by a supervisor.

b. Act in accordance with State law, and Departmental policy and


procedures.

c. Act in accordance with unit training, guidelines and directives


in the handling and deployment of the canine. The canine handler must
be fully prepared to justify his/her actions and the actions of the Police
Service Dog.

d. Maintain national Canine Team certification (USPCA,


NAPWADA, or other with prior approval of the Town Marshal).

e. Annually pass minimum departmental canine standards,


pursuant to written guidelines.

4. Patrol Officers shall:

a. Quickly determine if a Canine Team may be of assistance, and


make any needed request for a Canine Team through dispatch.

b. Prepare the scene in a manner that increases the probability for a


successful outcome.

(1) Building searches. Quickly secure perimeter around the


building. Do not enter prior to arrival of a Canine Team.
Attempt to establish that all lawful occupants are not on the
premises. Attempt to determine if any hazards exist, along with
other information that may be helpful to the handler.

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(2) Tracks. Establish perimeter of sufficient size in the area
of flight. Determine direction of flight and protect area for
scent contamination. Provide incident details to handler and
other responding units. Provide adequate cover for the Canine
Team while on the track, along with frequent location updates to
dispatch.

(3) Narcotic searches. Make sure legal requirements are


satisfied for search. Remove all persons away from the area to
be searched. Notify the Canine Team of potential hazard and
known contraband. For vehicles to be searched, attempt to
move vehicle to area away from heavy traffic and direct
sunlight, roll up windows, and turn the engine off.

(4) Area search. Remove all persons away from the area to
be searched. Notify the handler of any potential hazards.

E. Canine Bite Incident Procedure.

1. An on-scene review of any intentional or unintentional canine bite


incident will be completed pursuant to written Canine Unit guidelines.

2. In the event of a canine bite incident the handler shall notify the Town
Marshal.

3. The Town Marshal will determine if a review is necessary.

F. Tracking Procedure.

1. Respond to scene to aid injured, apprehend suspects committing crimes


in progress, and obtain information.

2. Establish perimeter of sufficient size for incident. For each minute it


takes to establish the perimeter it should be increased 1-2 blocks.

a. A one minute response time = 2 block perimeter.

b. A four minute response time = 6 block perimeter.

c. Take into account the delay in reporting/dispatching incident.

d. 80% of all urban tracks end within four blocks.

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e. Only activate vehicle lights (i.e. “lighting up the perimeter”)
when instructed by the Canine Team.

3. Obtain witness information.

a. Where was the suspect seen last?

b. Suspect description?

c. Without location of flight, dog can only pick up “freshest scent”


resulting in a track of anything from Officers to the suspect.

4. Protect area of suspect flight from contamination.

a. If the suspect breaks perimeter and the Canine is not near, you
may attempt apprehension.

b. If the Canine is near, do not pursue. If you pursue, the dog may
not be released, and if it is, you may be bitten.

c. If you end up between a fleeing suspect and a pursuing canine


become motionless.

G. Narcotics Searches.

1. Establish legal requirements for search and articulate to Canine


Handler.

a. Consent, inventory, probable cause plus exigent circumstances.

b. Dog is able to sniff airspace outside of vehicle (“plain sniff”


doctrine).

c. The vehicle can not be detained beyond the time it takes to


complete “routine” details of the stop.

d. Call for Canine Team as soon as possible.

e. The longer the intrusion upon a person’s time, the greater


chance the search has of being ruled improper.

2. Preparing a vehicle for search.

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a. Remove from heavy traffic and direct sunlight.

b. Roll up all windows. This allows the scent to “build” in the


vehicle, making detection easier.

c. Turn vehicle off (carbon monoxide).

d. Remove all occupants.

e. It is permissible to search prior to Canine Team arrival. Tell


Canine Team of any known drug locations.

3. Preparing a home for search.

a. Remove all occupants from search area.

b. Turn off fans, heat, and/or air conditioning.

c. Tell Canine Team of any known drug locations.

d. Start in area of highest probability. The canine’s effectiveness


deteriorates due to exhaustion.

4. Preparing money for search.

a. Our Canine Team will be trained (in the near future) to detect
drug residue on money.

b. Do not handle the money after handling drugs at any time in the
day without changing rubber gloves.

c. Do not place or store the money near drugs.

5. Preparing a parcel or purse for search.

a. Separate the item from the suspect (the canines cannot search
people).

b. Do not search the item prior to Canine Team arrival without


legal right to do so.

H. Property Searches.

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1. A Canine Team can backtrack a suspect to look for discarded items.

2. A Canine Team can search an area for an item with the freshest human
scent. They can locate discarded or lost items in large areas.

I. High Risk Traffic Stops.

1. A Canine Team can respond to the stop and provide apprehension


and/or tracking capabilities if a suspect flees.

2. In unusual circumstances a Canine Team can clear a vehicle after


everyone has been ordered out (prior to the Officer’s final approach).

J. Perimeters.

Canine Teams can provide perimeter security and apprehension capabilities (in
certain cases) at warrant pickups and search warrants.

K. A Canine Team is NOT:

1. A substitute for good tactics. (Canine Teams should only be used as a


portion of the plan to solve an incident. They should never be the whole plan.)

2. Able to solve problems for which they have not trained.

L. When A Canine Team Can Be Used.

1. Tracks.

a. The Canine Teams can track felony and misdemeanor suspects


that have fled the scene of a crime.

b. The canines will not be used in an aggressive manner at the end


of a misdemeanor track. They are there for their detection abilities
alone.

c. In training, the dogs have a “friendly find” at the end of most


tracks, meaning they are tracking hoping to find a ball at the end. Thus,
they can be used safely on misdemeanor or missing persons. If they
find an aggressive suspect at the end of a track, they are very capable of
the business end of their job.

d. The Canine Teams can track a lost or missing person, if you

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have a starting point. As of now, our dogs cannot search for a person’s
scent after being exposed to an article of clothing, etc.

2. Drug detention and interdiction.

a. All of our canines are trained to detect drugs. They can detect
marijuana, cocaine and crack, heroin, and methamphetamine.

b. The dogs can detect drugs anywhere (cars, homes, parcels,


money, etc.). However, they will not check for drugs a person is
carrying on them.

c. The Supreme Court has ruled that a canine sniff is very minimal
intrusion of a person’s Fourth Amendment rights. “Plain sniff” is much
like “Plain view”. Legally, a dog can walk around and sniff wherever it
has the legal right to be.

d. The Canine Teams can help in inventory searches.

e. If you have enough for a VCSA Terry stop, and consent to


search, the Canine Teams can search vehicles. Even without consent
the canines can sniff around the vehicle’s exterior.

f. If you have already located narcotics in a vehicle, or on the


occupants, a canine search should be conducted in almost all cases.
(Inventory searches, consent, or probable cause plus exigent
circumstances).

3. Alarms, Open Doors, and Building Searches.

a. A canine can search a building much quicker, and safer, than


Officers alone.

b. A Canine Team should come to any “open door” type call.

c. A Canine Team should be called to any alarm with multiple


trips.

d. A Canine Team should respond to any Home Invasion (or


business break-in) that is in progress, or in which the home has not
been cleared.

e. A Canine Team can assist in clearing any building where the

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alarm subscriber is on scene with keys.

4. Area Searches.

a. A Canine Team can clear any open area in which a felony


suspect has hidden himself/herself. They can clear fields, creek beds,
junk yards, factory grounds, etc.

b. Attempt to determine that lawful occupants are out of the search


area.

c. The search will probably be conducted off lead. Do not be out


on foot in or near the search area unless assisting the Canine Team.

d. If you hear an announcement let the handler know via dispatch.


Also note it in your report.

5. Building Searches.

a. Establish perimeter around building (opposite corners).

b. Attempt to establish that all lawful occupants are out of the


building.

c. Do not search the building interior prior to Canine Team arrival.


Do not contaminate apparent entry points.

d. Have sufficient number of people to go inside to assist Canine


Team.

e. Listen for Canine Team announcement prior to entry: “This is


the Knightstown Police Department Canine Unit. A trained police dog
will be released in the building. Anyone remaining in the building may
be bitten. You have thirty (30) seconds to announce your presence and
come to the sound of my voice.”

f. If you are able to hear it at an opposite side of the building, it


helps to notify the handler via dispatch that the announcement was
heard. Also note it in your report.

(1) Inform Canine Team of any known hazards (broken


glass, chemicals, holes in floor, roof access, etc.)

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(2) If a suspect flees the building with canine in pursuit, do
not attempt to pursue.

(3) If you wind up in the wrong place (the dog is now


focused on you), become motionless.

6. Cover Officer Tracking Applications.

a. When assisting the Canine Team, the optimal cover positioning


is about 10' to the right and 20' back. Obviously, cover officer position
will change depending on the terrain and countless incident details.
Often terrain in the city will necessitate positioning a little bit closer to
the Canine Team.

b. A second cover officer would position 10' to the left and 20'
back. A third would position directly behind the handler and about 30'
back.

c. Why 10' over and 20' back?

(1) Canine is trained to watch front and sides.

(2) If Canine loses scent pattern and must return to pick it


up you have not contaminated it.

(3) Scent can drift with the wind direction causing the
canine to follow the scent past the suspect. If all members of
the Canine Team are grouped together everyone is quickly in
the suspect’s “kill zone”.

(4) Forces suspect to deal with multiple adversaries at


multiple angles and distances.

(5) Minimizes cross-fire and provides triangulation for


Officers and Handler.
(6) Suspects more frequently hide on right side of tracks
(based upon University of Alberta study reference suspect
actions under stress and actual tracking application data).

(a) People are imprinted to walk (and drive) on the


right hand side of sidewalks, halls, roads, malls, etc.
from an early age.

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(b) Under stress, suspects typically will turn right.

(c) Most people are right-handed and will more


frequently discard items/evidence on the right side of a
track.

7. General Tracking Considerations.

a. It is mandatory that the cover officer(s) stay with the Canine


Team. If separated, chances of a poor outcome is increased. The cover
officer should be physically capable of the potential task, if not another
officer should assist. See case study on pages 4 and 5.

b. Stay off the leash and out of the scent cone.

c. Use light and noise discipline.

d. Scan for threats, high and low. Do not focus on the canine.

e. 80% of all urban tracks terminate within 4 blocks.

f. Perimeters are crucial for any chance of success. Most


perimeters are much too small. For each minutes it takes to get a secure
perimeter in place, the perimeter should be 1-2 blocks (i.e. a one minute
response time would need a two block perimeter, a four minute
response time would need a six block perimeter).

g. In an ambush/gunfire incident, the canine will be released to


engage the suspect. If there is a clear and overt threat and you are
returning fire, ignore the dog’s location. You may have to shoot
through the canine to neutralize the suspect.

8. Other General Considerations.

a. If you elect to pursue a fleeing suspect in the presence of a


Canine Team, in most cases the Canine Handler will not be able to
release his/her canine to make the apprehension. If you wind up
pursuing a suspect and end up between the suspect and an apprehending
canine, become motionless.

b. If the Handler and Police Service Dog are actively engaging a


suspect, do not “jump into” the altercation. Follow Handler instruction.

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c. If a suspect has dropped an article, it may be used for a “scent
pad” if you can determine no one else has handled (contaminated) the
item. Do not pick up and inspect discarded items prior to Canine Team
inspection.

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The Town Council of the Town of Knightstown has adopted by ordinance a Town Personnel Policy
which has been codified in the ordinances of the Town Council of Knightstown. This standard
operating procedure manual herein incorporates all of the terms and provisions of the town personnel
policy. However, to the extent any terms and provisions are inconsistent with the terms and
provisions herein, the terms and provisions herein shall control. To the extent the terms and
provisions of the town personnel policy are not inconsistent with the terms and provisions herein,
they shall apply to the employees of the town police Department.

This standard operating procedure manual may be amended or revised from time to time by the
Town Council of Knightstown, Henry County, Indiana.

Any Policy or procedure not mentioned in this SOP shall abide by the approved

Town Personnel and procedure Policy adopted in January 2007.

NOTE:

ON THIS _________DAY OF ________________________, 20___, THE TOWN COUNCIL


APPROVES THIS SOP.

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